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HomeMy WebLinkAboutCC 1999-05-11 MinutesCITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON MAY 11, 1999 (Regular Commission Meeting) PREPARED BY THE OFFICE OF THE CITY CLERKUTY HALL 1. Waller J. Foemanl0ty Clerk TIN , a i INDEX MINUTES OF PLANNING AND ZONING MEETING May 11,1999 ITEM NO. SUBJECT LEGISLATION 1. DISCUSSION: REPRESENTATIVES FROM THE 5/11/99 GREATER MIAMI CONVENTION AND VISITORS DISCUSSION BUREAU CONCERNING THE PROMOTION AND 1-13 MARKETING OF MIAMI / COCONUT GROVE. 2. DISCUSSION re NEED TO RESCHEDULE MAY 25, 1999 5/11/99 COMMISSION MEETING. (See labelsl3 + 70).. DISCUSSION13-15 3. PRESENTATIONS & PROCLAMATIONS 5/11/99 1. Commendation to Salvation Army for its invaluable DISCUSSION service to the community. 15 2. Proclamation presented to Miami Northwestern High School Football team for winning the State Championship, and being ranked number two in the South, and number four in. . the nation. 3. Proclamation issued to Northwestern High School football coach, William "Billy" Rolle for being named "coach of the year for the 98-99 football season. 4. CONSENT AGENDA. 5/11/99 DISCUSSION 15-16 4.1 ACCEPT BID OF BEST GARAGE DOORS, INC., FOR 5/11/99 FURNISHING AND INSTALLATION OF OVERHEAD R 99-312 ROLLING DOORS AT VARIOUS FIRE STATIONS FOR 16 THE DEPARTMENT OF FIRE -RESCUE, ($71,128). 4.2 . ACCEPT BID OF O.K. FEED STORE SOUTH, INC. FOR 5/11/99 PROCUREMENT OF HORSE FEED AND R 99-313 17 SUPPLEMENTS, FOR THE DEPARTMENT OF POLICE ($22,594.45). I February 23, 1999 } 4.3 ACCEPT BID OF BALADO NATIONAL TIRES, INC., 5/11/99 FOR THE PROCUREMENT OF POLICE VEHICLE R 99-314 TIRES, ($180,000). 17 4.4 ACCEPT BIDS OF HIGH TECH DIVING AND SAFETY, 5/11/99 INC., AUSTINS DIVING CENTER BEUCHAT USA, INC., R 99-315 AND AQUATIC FABRICATORS OF SOUTH FLORIDA, 17 FOR DIVING EQUIPMENT FOR THE DEPARTMENT OF FIRE RESCUE ($15,075.34). 4.5 AUTHORIZE FUNDING OF THE CRIME 5/11/99 PREVENTION PROGRAM, ($100,000), FROM THE LAW R 99-316 ENFORCEMENT TRUST FUND. 18 4.6 AUTHORIZE FUNDING OF THE ANTI -DRUG 5/11/99 EDUCATION PROGRAM ($85,000), FROM THE LAW R 99-317 ENFORCEMENT TRUST FUND. 18 4.7 ACCEPT PLAT BARRIOS SUBDIVISION. 5/11/99 R 99-318 18 5 APPROVE / CONFIRM MANAGER'S FINDING THAT 5/11/99 AN EMERGENCY EXISTS AND ACCEPTING BID OF R 99-319 ELECTRICAL CONTRACTING SERVICE, INC 18-19 ($39,500) FOR "GROVE KEY MARINA - TRANSFORMER MAT IMPROVEMENTS, B-631211. 6 DISCUSSION: MS. MARY HILL, CONCERNING HER 5/11/99 VIEWS AND SUGGESTIONS IN REFERENCE TO DISCUSSION VIRGINIA BEACH. (see label 12). 20-21 7 DISCUSSION: MR. THELBERT JOHNAKIN re 5/11/99 FUNDING FOR THE MODEL CRIME PREVENTION TASK DISCUSSION FORCE. 21-22 8 BRIEF DISCUSSION: SETTLEMENT AGREEMENT 5/11/99 UPON BETWEEN (F.O.P) FRATERNAL ORDER OF DISCUSSION POLICE. AND ITS MEMBERS REGARDING THE LAW 23 SUIT ISSUE ON THE 1994 SERGEANT PROMOTIONAL EXAM. (See label 37). 9 DISCUSSION: DAVID O'NEAL FROM MIAMI-DADE 5/11/99 WATER & SEWER DEPARTMENT CONCERNING DISCUSSION RATES FOR WATER & SEWER SERVICES WITHIN THE 23-24 CITY OF MIAMI. (See label 11). 10 BRIEF COMMENTS REGARDING NEED FOR 5/11/99 REVISION OF JURY DUTY PROCESS. DISCUSSION 24-25 1. PI February 23, 1999 t 11 DISCUSSION: MIAMI-DADE WATER & SEWER 5/11/99 DEPARTMENT USE OF CITY STREETS FOR DISCUSSION UNDERGROUND SEWAGE PIPES FOR OTHER 25-31 MUNICIPALITIES. -IMPACT FEES (See label 9). 12 DISCUSSION: PROPOSED RESTORATION OF 5/11199 VIRGINIA KEY BEACH - PRESERVATION OF BLACK M 99-320 HISTORY IN SAID AREA - CREATE CIVIL RIGHTS 3146 TASK FORCE. (See labels 6 and 14). 13 RESCHEDULE MAY 25 COMMISSION MEETING TO 5/11/99 JUNE 8. (See label 70). M 99-321 46-48 14 COMMISSIONER REGALADO REQUESTS TO BE 5/11/99 SHOWN VOTING IN AGREEMENT ON MOTION TO DISCUSSION CREATE CIVIL RIGHTS TASK FORCE. (See label 12). 48 15 DEFER CONSIDERATION OF FRAMEWORK AND 5/11/99 SPECIFIC GUIDELINES TO BE INCLUDED IN THE M 99-322 BODY OF A PROPOSED FRANCHISE AGREEMENT 48-51 WITH COMMERCIAL WASTE HAULERS - COMMENTS REGARDING THE SOLID WASTE MANAGEMENT COMMITTEE. 16 EMERGENCY ORDINANCE: ESTABLISH NEW 5/11/99 SPECIAL REVENUE FUND: "SUMMER FOOD ORDINANCE 11792 SERVICE PROGRAM FOR CHILDREN 1999" AND 51-53 APPROPRIATE FUNDS ($430,652) FOR OPERATION CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION. 17 AUTHORIZE MIAMI-DADE COUNTY ON BEHALF OF 5/11/99 THE CITY OF MIAMI TO ADVERTISE, EVALUATE, R 99-323 AND ACCEPT BID(S) OF VENDOR(S) TO PROVIDE 54-55 UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") APPROVED MEALS TO CHILDREN FOR CITY'S SUMMER FOOD SERVICE PROGRAM 1999; -- ACCEPTANCE OF GRANT ($430,652) FROM USDA THROUGH . THE FLORIDA DEPARTMENT OF EDUCATION. 3 February 23, 1999 �t .r 18 SECOND READING ORDINANCE: AMEND 11590, BY 5/11/99 CHANGING THE NAME OF THE SPECIAL REVENUE ORDINANCE 11793 FUND TO "FEMAIUSAR GRANT AWARD" AND 55-56 APPROPRIATE ADDITIONAL FUNDS CONSISTING OF TWO GRANTS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ($80,000 FOR) STET FY `97-98 AND $83,740 FOR FY `98- 99, FOR A TOTAL APPROPRIATION OF $163,740), FOR THE PURCHASE OF EQUIPMENT, AND TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN -SEARCH AND RESCUE (USAR) PROGRAM. 19 SECOND READING ORDINANCE: AMEND 10840, 5/11/99 WHICH ESTABLISHED INITIAL APPROPRIATIONS ORDINANCE 11794 . FOR. THE COCONUT GROVE SPECIAL EVENTS 56-57 DISTRICT FUND, BY INCREASING SAID APPROPRIATIONS ($75,731). 20 SECOND READING ORDINANCE: AMEND CODE SECTIONS 10-5, 54-17, AND 62-159 TO ALLOW DIRECTORS OF BUILDING AND ZONING, PUBLIC WORKS, AND PLANNING TO WAIVE PERMIT FEES FOR THOSE PERMITS REQUIRED BY ENTITIES AND AGENCIES OF THE CITY OF MIAMI. 21 SECOND READING ORDINANCE: AMEND 11705, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1999, ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS; REVISING CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN THE GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND RECREATION, PUBLIC FACILITIES, TRANSPORTATION AND PHYSICAL ENVIRONMENT AREAS. 22 (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL - REVENUE FUND: - "SOUTH FLORIDA WATER MANAGEMENT DISTRICT" — INITIAL RESOURCES AND APPROPRIATIONS, AND AUTHORIZING EXPENDITURES, ($25,475.23), CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. (B) PROBLEMS WITH JET SKIS AT GRAPELAND PARK. 0 5/11/99 ORDINANCE 11795 57-58 5/11/99 ORDINANCE 11796 58-60 5/11/99 ORDINANCE 60-62 In February 23, 1999 23 FIRST - READING 'ORDINANCE: AMEND CODE 5/11/99 SECTIONS 2-892, 39-34, 54-341 AND 54-342 — COCONUT ORDINANCE 6_ 63 GROVE SPECIAL EVENTS DISTRICT AND THE COCONUT GROVE FESTIVAL COMMITTEE; MODIFY BOUNDARIES, CLARIFY RESTRICTIONS AND EXEMPTIONS, REQUIRE - NOTICE TO AFFECTED PROPERTY OWNERS PRIOR TO EVENTS, CHANGE CITY STAFF LIAISON DESIGNATION AND DELETE THE WORD "STANDING" FROM THE NAME OF THE COMMITTEE. 24 FIRST READING ORDINANCE: AFFIRMATIVE 5/11/99 ACTION ADVISORY BOARD — AMEND CODE ORDINANCE SECTIONS 2-887 AND 2-979 TO REDUCE THE NUMBER 63-64 OF -MEMBERS REQUIRED FOR A QUORUM; CORRECT SCRIVENER'S ERROR OF SAID CODE. 25 BRIEF COMMENTS REGARDING WITHDRAWAL OF 5/11/99 - PROPOSED FIRST READING ORDINANCE TO DISCUSSION AMEND CODE BY REPEALING APPENDIX A AND 64-65 REPEALING AND RE-ENACTING CHAPTER 11 ENTITLED,"CABLE TELEVISION". 26 RESCIND RESOLUTION 98-837 WHICH ALLOWED 5/11/99 GRAND BAY HOTEL PARTNERS, LTD. USE OF A R 99-324 PORTION OF THE MIAMI MARINE STADIUM 65-67 PARKING LOT; RESCIND RESOLUTION 98-1077 WHICH ALLOWED FISHER ISLAND COMMUNITY ASSOCIATION USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT WITH OCEAN CLUB DEVELOPMENT COMPANY FOR USE OF ADDITIONAL PARKING SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT,; PROVIDE FOR INCREASE IN THE MONTHLY FEE ($3,056.59 TO $4,556.41) PROVIDE FOR INCREASE IN THE SECURITY DEPOSIT (FROM $9,169.76 TO $13,669.23 ), PLUS STATE USE TAX IF APPLICABLE.— ALLOCATE FUNDS THEREFOR, IN AMOUNT NOT TO EXCEED $900,000, FROM .CAPITAL IMPROVEMENT PROJECT NO. 324002. 5 February 23, 1999 E 27 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH GOLD COAST ENGINEERING CONSULTANTS, INC., UTILIZING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS), FOR SURVEYING SERVICES FOR WATSON ISLAND: (PROPOSED AND ''EXISTING LEASE AREAS), WATERFRONT DEVELOPMENT, AND MIAMI OUTBOARD CLUB (REALIGNMENT OF LEASE AREA NO. 2), AND COCONUT GROVE CONVENTION CENTER, ($62,000). 28 AMEND RESOLUTION 98-620, ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE THAT, PURSUANT TO THE REQUEST FOR PROPOSALS ("RFP"), BELLSOUTH BUSINESS SYSTEMS, IS THE MOST QUALIFIED PROVIDER OF FRAME RELAY NETWORK SERVICES FOR THE CITY OF MIAMI'S COMMUNICATIONS INFRASTRUCTURE; -- PROVIDE FOR EQUIPMENT BEING SUPPLIED BY SUBCONTRACTOR, COMMUNICATIONS CONCEPTS, INC., TO BE INVOICED TO THE CITY AND PAID BY THE CITY DIRECTLY TO COMMUNICATIONS CONCEPT, INC. 29 AUTHORIZE REPLACEMENT OF CITYWIDE PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT AND ASSOCIATED SOFTWARE, PERIPHERALS AND INSTALLATION SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT, CITY OF MIAMI TELECOMMUNICATION WIRING BID AND FRAME RELAY REQUEST FOR PROPOSALS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($2,000,000). 30 AUTHORIZE CITYWIDE PURCHASE OF PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT AND ASSOCIATED SOFTWARE, PERIPHERALS, INSTALLATION SERVICES, AND MAINTENANCE SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT, SUBJECT TO SUBSEQUENT RENEWALS BY THE STATE OF FLORIDA, CITY OF MIAMI TELECOMMUNICATION WIRING BID AND FRAME RELAY REQUEST FOR PROPOSALS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($1,500,000). 5/ 11 /99 R 99-325 67-68 5/ 11 /99 R 99-326 69-70 5/11/99 R 99-327 70-72 5/ 11 /99 R 99-328 72-73 6 February 23, 1999 31 APPROVE PROCUREMENT OF EQUIPMENT, 5/11/99 SOFTWARE, AND INSTALLATION AND OTHER R 99-329 RELATED SERVICES REQUIRED TO UPGRADE THE 74 TELECOMMUNICATIONS EQUIPMENT AT CITY HALL AND THE ORANGE BOWL TO COMPLY WITH YEAR 2000 (Y2K) REQUIREMENTS AND STANDARDS, FROM LUCENT TECHNOLOGIES, AWARDED PURSUANT TO STATE OF FLORIDA CONTRACT, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($60,000). 32 ACCEPT PROPOSAL OF MEDAPHIS, INC. TO 5/11/99 PROVIDE EMERGENCY MEDICAL SERVICE ("EMS") R 99-330 BILLING AND COLLECTION SERVICES TO THE 75-80 CITY OF MIAMI. 33 RATIFY, APPROVE AND CONFIRM CITY 5/11/99 MANAGER'S FINDING OF EMERGENCY; AND 99-331 R 81-8282 APPROVE PROCUREMENT OF AN ASBESTOS EVALUATION SURVEY AND REPORT AT FIRE STATION NO. 1 BY MCO ENVIRONMENTAL, INC., ($12,036.60). 34 RESCIND BID AWARD TO CDH HOLDING LTD, INC., 5/11/99 DB/A AMERICAN MILLS SAFETY SUPPLY FOR R 99-332 PURCHASE OF TRELLBORG'S TRELLCHEM 82-84 CHEMICAL PROTECTIVE SUITS, FOR FAILURE TO HONOR BID PRICE, AND AWARDING THE BID TO AMFAK, INC ($8,794.80). 35 APPROVE REFURBISHMENT OF SPORT COURTS AT 5/11/99 VARIOUS CITY PARKS, BY AGILE COURTS R 99-333 CONSTRUCTION COMPANY, INC., UTILIZING 84-86 MIAMI-DADE COUNTY CONTRACT FOR THE DEPARTMENT OF PARKS AND RECREATION, ($247,300). 36 APPROVE ACQUISITION AND INSTALLATION OF 5/11/99 SITE FURNISHINGS AT TWELVE CITY PARKS FROM R 99-334 VARIOUS VENDORS, UTILIZING EXISTING MIAMI- 87 DADE COUNTY CONTRACT FOR THE DEPARTMENT OF PARKS AND RECREATION, ($191,070); ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AS APPROPRIATED IN ORDINANCE NO. 11705, THE ANNUAL APPROPRIATIONS ORDINANCE AND CAPITAL IMPROVEMENTS PROJECTS. February 23, 1999 37 AUTHORIZE PAYMENT TO ROBLES AND 5/11/99 GONZALEZ, P.A., MANNING, ($447,000) -AS FINAL R 99-335 JUDGMENT; -- PAY FRATERNAL ORDER OF POLICE 88-90 AND ALFREDO VEGA, ($50,000)- - SERGEANT PROMOTION EXAM. 38 CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS 5/11/99 NECESSARY OR PERMITTED, INCLUDING R 99-336 ENGAGEMENT OF LEGAL COUNSEL, AGAINST 90-93 MORRIS & MCDANIEL, A CONSULTING FIRM ENGAGED BY THE CITY TO CREATE AND ADMINISTER THE 1993-1994 POLICE SERGEANTS' PROMOTIONAL, TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES TO THE CITY OF MIAMI BY POLICE OFFICERS WHO ALLEGED THAT THE ORAL PORTION OF SAID PROMOTIONAL EXAMINATION WAS FLAWED. 39 AUTHORIZE CITY MANAGER TO EXECUTE A 5/11/99 PROFESSIONAL SERVICE AGREEMENT, WITH R 99-337 RETIRED JUDGE EDWARD H. SWANKO, TO SERVE 93-94 AS HEARING OFFICER FOR THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") OFFICE AND PRESIDE OVER SOLID WASTE SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS, RENDER WRITTEN FINDINGS AND RULINGS ($20,000). 40 (A) STATUS REPORT OF UPPER EASTSIDE NET 5/11/99 SERVICE CENTER; DISCUSSION (B) COMMENTS re AIRPORT NOISE / FLIGHT 94-103 PATTERNS. (C) ANNOUNCE OPENING OF LITTLE HAITI NET. 41 APPOINT MEMBERS OF AFFIRMATIVE ACTION 5/11/99 ADVISORY BOARD: Sabrina Buie, Ricardo Core, Nora R 99-338 Hernandez -Hendrix, Edward Pidermann. 103-104 42 APPOINT MEMBERS OF THE HEALTH FACILITIES 5/11/99 AUTHORITY: Rosie Molina, Rudolph Moise. R 99-339 104-105 43 APPOINT TODD TRAGASH AS ALTERNATE MEMBER 5/11/99 OF THE URBAN DEVELOPMENT REVIEW BOARD. R 99-340 105-106 0 8 February 23, 1999 44 NOMINATE MEMBERS TO REPRESENT ALLAPATTAH, 5/11/99 MODEL CITY, LITTLE HAVANA AND WYNWOOD ON M 99-341 THE FEDERAL ENTERPRISE COMMUNITY 106-109 COUNCIL: (FOR ALLAPATTAH: Maria Dellutri, Albena Sumner, Mariano Cruz, Ruben Valdez; FOR MODEL CITY: Alberta Jenkins, Herschel Haynes, Richard Dunn, FOR WYNWOOD: Ralph Packingham, Fr. Jose Luis Menendez; FOR LITTLE HAVANA: Bobby Cruz, Ibis Guiness.). 45 APPOINT MEMBERS OF THE COMMUNITY 5/11/99 RELATIONS BOARD: Richard'Bennett. R 99-342 109-110 46 APPOINT MEMBERS OF THE PLANNING ADVISOR_ Y 5/11/99 BOARD: Jesus Casanova, J. G. Ferguson. R 99-343 110-I11 47 DEFER CONSIDERATION OF APPOINTMENTS OF 5/11/99 MEMBERS OF THE ZONING BOARD. DISCUSSION III 48 APPOINT MEMBERS OF THE BUDGET AND FINANCES 5/11/99 REVIEW COMMITTEE: Mary Ann David, Steve R 99-344 Kneapler, Stanley Gettis, Manolo Reyes, Joe Celestin. 111-112 49 APPOINT MEMBERS OF THE MIAMI STREET 5/11/99 CODESIGNATION REVIEW COMMITTEE: Carolyn R 99-345 Cope, Placido Debesa, Manuel Chamizo, Yves Fortune, 112-113 Daniel Fils Aime. 50 APPOINT MEMBERS- OF THE - - LATIN QUARTER 5/11/99 REVIEW BOARD: Hector Gasca, Marcel Navarro, Maria R 99-346 del Carmen Castellanos, David Cabarrocas, Lucrecia 113-114 Machado, Helena del Monte, Eloy Aparicio, Luis Sabines, Jr., Tessi Garcia, Walter Martinez. 51 APPOINT MEMBERS OF THE INTERNATIONAL TRADE 5/11/99 BOARD: Joe Sanchez, Vicky Garcia -Toledo, Rafael R 99-347 Garcia -Toledo, Waldo Castro, Alberto Gongora, Julian M 99-347.1 M 99-348 Linares, Anselmo Alliegro, Allen Sweeney, Antonio Llano 115-116 Montes, Raymundo Escarra, Bob Rodriguez, Ralph Arza, Odalys Mons, Najib Tayara, Dwayne Wynn, Denise Barrett. 52 APPOINT MEMBERS OF THE NUISANCE ABATEMENT 5/11/99 BOARD: Carolyn Cope, Guillermo Revuelta, Monique .R 99-349 Taylor, Robert Valledor, James Moss. 117-118 53 APPOINT MEMBER OF THE WATERFRONT 5/11/99 ADVISORY BOARD: John Brennan, Richard Bunnell, R 99-350 Jose Comas, Stuart Sorg, Jack King, Marianne Salazar, 118-119 9 February 23, 1999 Paul George, Robert Parente, James Wellington, Ernie Martin, Robert Graniff. 54 APPOINT MEMBERS OF THE BAYFRONT PARK 5/I1/99 MANAGEMENT TRUST: Frank van der Post, Ralph R 99-351119 122 Duarte, Fred Joseph, Linda Eads, Tina Hills, Ruth Greenfield. 55 APPOINT MEMBERS OF THE MIAMI AUDIT 5/11/99 -ADVISORY COMMITTEE: Mary Ann David, Mirtha R 99-352 Guerra -Aguirre, Richard Berkowitz, Monica Fernandez. M 99-352.1 122-123 56 APPOINT MEMBERS OF THE PROPERTY AND ASSET 5/11/99 REVIEW COMMITTEE: Moreno Habif, Ruben Oliva, R 99-353 Jorge Calil, Ron Cordon. 123-124 57 APPOINT MEMBERS OF THE HISTORIC AND 5/11/99 ENVIRONMENTAL PRESERVATION BOARD: Cynthia R 99-354 Haralson. M 99-354.1 124-125 58 APPOINT MEMBERS OF THE BROWNFIELDS 5/I1/99 ADVISORY BOARD: Lorenzo Rodriguez. R 99-355 125-127 59 (A) DISCUSS APPOINTMENTS TO - OFF-STREET 5/11/99 PARKING BOARD — POSSIBLE CONFLICT OF M 99-35 M 99-357 INTEREST. R 99-357.1 (B) CONFIRM APPOINTMENTS MEMBERS: SHALLEY 127-130 A. JONES, MARGARITA ROHAIDY DELGADO. 60 BRIEF COMMENTS re APPOINTMENT OF MEMBER 5/I1/99 OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. (see label 57). 130CUSSION 61 AUTHORIZE FOR FOUR (4) WEEKS, THE 5/11/99 OPERATION OF A FLEA MARKET BY C.C.A.L. R 913 58 CORPORATION AS TEMPORARY SPECIAL EVENTS, 130-1 31 AT 1480 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA (MAHI SHRINE PROPERTY). . 62 RECOGNIZE HISTORIC SIGNIFICANCE AND 5/11/99 CONTRIBUTIONS STILTSVILLE HAS MADE TO R 99-359 FLORIDA, RECOMMEND THAT IT NOT BE 131-132 DEMOLISHED AND BE DESIGNATED HISTORIC SITE BY BISCAYNE NATIONAL PARK. 63 DISCUSSION CONCERNING WORKERS, 5/I1/99 COMPENSATION ABUSE. DISCUSSION 132-135 1b 10 February 23, 1999 64 SUPPORT THE KYOTO PROTOCOL ON CLIMATE 5/11/99 CHANGES AS A MEANS TO REDUCE GREENHOUSE M 99-360 135-136 GAS EMISSIONS AND STABILIZE THE GLOBAL ATMOSPHERE. 65 REFER TO MANAGER REQUEST FROM CONVOY OF 5/11/99 HOPE OUTREACH EVENT AT ORANGE BOWL R 99-361 STADIUM PARKING LOTS. -FREE USE OF 136-141 BARRICADES AND SHOWMOBILE- TRY TO LOWER CITY FEES. 66 DISCUSSION: NET-9 PROGRAMMING ON CABLE 5/11/99 TELEVISION - PUBLIC INFORMATION TO FILM DISCUSSION - SHOWS REGARDING CAR THEFT, GANG UNIT AND 141 ROBBERY DETAILS OF POLICE DEPARTMENT - FIU STUDIOS TO BE USED - TELEVISE WATERFRONT BOARD MEETINGS. 67 AMEND SECTION 2-892 OF THE CODE ENTITLED 5/11/99 "ADMINISTRATION / BOARDS, COMMITTEES, ORDINANCE 11797 COMMISSIONS," AND SECTIONS 54-440 THROUGH 54- 1a2-143 445, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH THE LITTLE HAVANA SPECIAL EVENTS DISTRICT AND CREATE THE LITTLE HAVANA FESTIVAL COMMITTEE. 68 DISCUSSION: IMPLEMENTATION OF PARKING 5/11/99 SURCHARGE - DIRECT ATTORNEY TO PREPARE DISCUSSION DRAFT EMERGENCY ORDINANCE re PERCENTAGE 143-153 OF DISCRETIONARY PER VEHICLE SURCHARGE TO BE IMPOSED; FURTHER EXPRESSING INTENT TO CALL SPECIAL MEETING IN DUNE. 69 DISCUSSION CONCERNING JURISDICTION OF THE 5/11/99 MIAMI POLICE DEPARTMENT - PROBLEMS WITH DISCUSSION HOMELESS - ADDITIONAL SHELTERS NEEDED 153-154 OUTSIDE CITY. 70 RESCHEDULE MAY 25 COMMISSION MEETING TO 5/11/99 JUNE 8. (See label 13). R 99-362 154 71 DISCUSSION CONCERNING THE PROPERTY 5/11/99 LOCATED AT 121 SE 1ST STREET - NEED TO DISCUSSION CHANGE CODE WHICH HOLDS LANDLORDS 155-156 RESPONSIBLE FOR TENANTS WHO DO NOT HAVE OCCUPATIONAL LICENSES February 23, 1999 • 72 DISCUSSION CONCERNING THE AMENDMENT TO 5/11/99 SECTION 2502 OF THE CITY'S ZONING ORDINANCE DISCUSSION 156 - KENNEL. 73 DISCUSSION CONCERNING THE CREATION OF A 5/11/99 BUDGET ANALYST AND FINANCIAL AUDITOR FOR DISCUSSION THE CITY COMMISSION. 156 74 DISCUSSION CONCERNING THE SITUATION 5/11/99 EXISTING AT THE BUILDING LOCATED AT 2351 DISCUSSION DOUGLAS ROAD REGARDING THE EXHAUST PIPES. 157 75 COMMENTS REGARDING WYNWOOD FREE TRADE 5/11/99 ZONE'S DETERIORATION. DISCUSSION 158 76 REQUEST CERTIFICATES OF APPRECIATION FOR 5/11/99 RANSOM EVERGLADES SCHOOL FOR ALEVIATING DISCUSSION TRAFFIC CONGESTION ON MAIN HIGHWAY. 158 77 REQUEST ASSISTANCE FOR PARKING FOR SOYKA, 5/11/99 LEBANESE RESTAURANT AT S.W. 24T" AVENUE AND DISCUSSION DIXIE HIGHWAY FOR PARKING UNDER RAPID. 158 TRANSIT AREA DURING EVENINGS. 78 COMMENTS re PROPOSED TAX TO PEOPLE WHO 5/11/99 COME INTO MIAMI-DADS COUNTY. DISCUSSION 159 79 _SOCCER GAME BETWEEN HONDURAS AND HAITI 5/11/99 AT ORANGE BOWL STADIUM BY INTERFOREVER R 99-363 SPORTS - AUTHORIZE CAP ON USE FEE. 159-160 80 ACCEPT BID: E.D.F.M. CORPORATION FOR 5/11/99 INSTALLATION OF BLEACHERS ON CONCRETE R 99-364 SLABS AT CITY PARKS ($150,116). 160-161 81 APPROVE SOD AT GIBSON PARK AND WILLIAMS 5/11/99 PARK FROM LYONS LORD & COMPANY UNDER R 99-365 MIAMI-DADE COUNTY CONTRACT ($32,890).. 161-162 82 TEMPORARY STAGE FOR CELEBRATION OF 5/11/99 - ARTHUR McDUFFIE CANDLELIGHT VIGIL AND M 99-366 MALCOLM X CANDLELIGHT SERVICE ($500). 162-163 83 COMMENTS re PROBLEMS OF ADULT 5/11/99 CONGREGATE LIVING FACILITIES — LOOPHOLES DISCUSSION IN LAWS AND PROLIFERATION OF SAME. 163 12 February 23, 1999 84 COMMENTS re COMMODORE PLAZA BLOCK 5/11/99 PARTY. DISCUSSION 163 85 EMERGENCY ORDINANCE: AMEND 11557, "STOP 5/11/99 VIOLENCE AGAINST WOMEN" - INCREASE ORDINANCE 11798 APPROPRIATIONS ($114,755) - GRANT FROM 164-165 FLORIDA DEPT. OF COMMUNITY AFFAIRS ($80,000) AND MATCHING ($34,755). 86 REQUEST MIANII SPORTS AND EXHIBITION 5/11/99 AUTHORITY TO ASSIST LOCAL INDIVIDUAL WHO M 99-367 WISHES TO SAVE CHALK AIRLINES IN WATSON 165-166 ISLAND. 87 COMMENTS re PLANNING STUDY OF 17TH AVENUE, 5/11/99 15T" AVENUE AND N.E. 2 AVENUE CORRIDOR LACK DISCUSSION OF-- PARKING IN INNER CITY. 166-167 88 COMMENTS re TIMETABLE FOR PROPOSED 5/11/99 CHARTER AMENDMENTS — PIGGY BACK ON DISCUSSION COUNTY BALLOT IN SEPTEMBER 1999. 167-168 89 ' COMMEND CITY CLERK ON DILIGENCE OF 5/11/99 PASSPORT ACCEPTANCE FACILITY. DISCUSSION 168 I 13 February 23, 1999 Ok MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 11 th day of May, 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 9:34 a.m. by Presiding Officer/Chairman J.L. Plummer. Jr., with the following members of the Commission found to be present: Chairman J.L. Plummer, Jr. (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) ABSENT: Vice Chairman Wifredo Gort (District 1) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Donald Warshaw, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk [NOTE FOR THE RECORD: Item 7 was withdrawn. Item 34 was tabled for 3 p.m. The following discussion took place prior to meeting officially convening:] 1. DISCUSSION: REPRESENTATIVES, FROM THE GREATER MIAMI CONVENTION AND VISITORS BUREAU CONCERNING THE PROMOTION AND MARKETING OF MIAMI / COCONUT GROVE. Chairman Plummer: The Coconut Grove Chamber had requested that the Greater Miami Chamber of Commerce, the Greater Miami... Mr. Bill Talbert: Convention and Visitor's Bureau. Chairman Plummer: ...Convention's Bureau make a presentation and, so, I have asked that they be here and, Mr. Talbert, you're on, sir. I would hope you could hold your dog and pony show to 15 minutes. Mr. Talbert: I'm a fast speaker,- Mr. Chairman. Chairman Plummer: All right, sir. All right. Everybody have a seat. Sit back. Fasten your seat belt and we're oft. Mr. Talbert: Thank you very much. My name is Bill Talbert. I'm the President and CEO (Chief Executive Officer) of Greater Miami Convention and Visitor's Bureau. We have most of our senior staff here. I think there's several hotel general managers. I'll begin -- you have a booklet there and we'have a power point presentation here that will follow along. Let me just quickly review where our money comes from. You'll see in the first chart, called "Sources of Revenue," 22 percent of the Bureau's revenues are generated within the City of Miami. NOTE FOR THE RECORD: COMMISSIONER TEELE ENTERED THE COMMISSION N May 11, 1999 CHAMBERS AT 9:36 A.M. VICE CHAIRMAN GORT ENTERED AT 9:37 A.M.] Chairman Plummer: Let me stop you. Mr. Talbert: Yep. Chairman Plummer: Does the Chamber president... Mr. Talbert: Yes, sir. - Chairman Plummer: Or executive, you have a copy? Ms. Silvia Cejas: I just got one. Chairman Plummer: OK. Ms. Cejas: Thank you. Mr. Talbert: Twenty-two percent of the Bureau's revenues are generated in the City of Miami. That's the first chart. Twenty-nine percent from the City of Miami Beach; 40 percent from other areas of the County, and seven percent from our membership dues. The next chart "Uses of Revenues." Fifty-eight percent of the Bureau's expenditures go for essentially marketing and tourism efforts, which include our advertising, marketing services, tourism, sells and an promotions, public relations, visitor services; 25 percent of our expenditures go for convention sells. The next chart, entitled Miami -Dade Count Resort Tax Distribution, is probably a chart many of you are familiar with, which is how the County, the mainland, a resort tax, the two percent room taxes is split. Sixty percent goes to the Bureau for sales and Marketing efforts; 20 twenty percent comes to the City of Miami for its uses, and 20 percent goes to the Cultural Affairs Council of the County. The next chart, entitled "Distribution of Resort and Food and Beverage Tax" just will show you the dollar amounts in each of those pools. The Convention Bureau receives from the mainland tax just a little less than nine million dollars ($9,000,000). The City receives two million. Cultural Affairs Council, two million. Five point one million of the eight point nine million that the Bureau gets is raised in the City. That's the 35 percent. But when you take out the 20 -- the 20 percent that the City retains, then you get down to the net number. The 22 percent that you saw earlier generates three point two million dollars — ($3,200,000) to the Bureau's budget, and that's the 22 percent. Moving along in terms of the chart. The 19 -- just to know in terms of the hotel inventory, there's approximately 45,000 hotel rooms countywide. Two percent, or a little over 800, are in Coconut Grove; six percent, 2300, are in the airport area of the City, and 5700, or 13 percent, are in the downtown area. Kind of consistent with the 22 percent share of our budget that comes from the City. Twenty-two percent in our budget. Twenty-one percent of the hotel rooms in the City of Miami. Let's look at hotel occupancy. Now, we're getting into some sales numbers. The chart entitled "1998 Hotel Occupancy," shows that the highest occupancy rate, the highest hotel occupancy rates in the entire county in 1998 were downtown, almost 80 percent, followed by the Grove, Gables, Key Biscayne area, 72 percent; the airport, 71 percent; Miami Beach, 69.3. And in showing some other areas, just as examples, the North Dade, Sunny Isles, 63 percent. Countywide average of 71 percent, which is among the highest in the country, which is a good healthy sign.of a very good tourism industry. The next chart comes from our exit interviews. We conduct five hundred exit interviews. Strategy Research, located here in the City, conducts those. We have 15 years of data there. What you can see, the variety of activities people are involved in -- all over our destination. Almost 70 percent of our visitors -- and there's duplication. As you know, people go various places. Almost 70 percent go -- say they go to Art Deco, in South Beach; 53 percent or a little over half.of our visitors say they go to Bayside; 39 percent, almost 40 percent, say they go to Coco Walk in the Grove, and it goes down. You can see, you know, people are very interested in shopping and that reflects on the list: Aventura, Sawgrass, Bal Harbor, and then the Sea Aquarium, 12 percent; nightclubs, l l percent, and it goes down the list. We talk a little bit about — we're a private company. We receive substantial amount of our funding, which you saw in the earlier chart, from the hotel and food beverage tax, but we do generate — there's about a million dollars ($1,000,000) in private sector money in memberships alone. And that next chart, "Member Breakdown," City of Miami members represent about 28 percent of our membership base. Once again, this exceeds — consistent with or exceeds 2 May 11, 1999. the 22 percent of our revenues that come, from the City of Miami, so 28 percent in terms of members. Let me — the next chart talks about our volunteers. We have a board of directors. We have interlocal partners. Commissioner Gort sits on our board and attends virtually all the meetings. He's very active with the Bureau. You can see, in terms of people -- folks in the City of Miami, that are either on our executive committee board, marketing committee, or convention sales, you can see the percentages, once again, exceed the 22 percent base, which come from the City of Miami for our revenues. Thirty-four percent of our board members are in the City. Now, granted, some of these do — would be kind of areawide representatives, if you will, and we can provide the entire list. Talfair (phonetic), for instance. I think shows a City of Miami address, but whether it's an airline representative or cruise line representative, for instance, Richard Faine, shows a City address.. Chairman Plummer: Who appoints these members? Mr. Talbert: The members of the board are appointed. There's a nominating committee, a nominating process, as a private company. Those nominations then go to our membership for ratification. So, it has the input from a nominating committee, a nominating process, and, as with any corporation, then our members would have an opportunity to either modify that or ratify it for any given year. Chairman Plummer: is that an annual appointment? Mr. Talbert: Well, the term — some are annual and some are for basically three year terms. Our basic terms, I believe, are three years. Chairman Plummer: Are we made aware if membership is up for renewal? Mr. Talbert: Mr. Chairman, I think we have, from time to time. Whether we have every year, I'm not sure, but we can make sure that does occur, if it hasn't happened in the last year or so. I'm normally the one that's involved in that, but we can make sure that happens. ' And you can see our various committees. We're very -- you know, we're a private sector company. For instance, the convention sales committee, those are 14 general managers. Only general managers sit on that committee. It's chaired by Frank Vanderpost, who's the general manager of the Hotel Intercontinental in downtown Miami. And seven of those 14 members are hotels here in the City of Miami. Twenty-two... . Chairman Plummer: How many from Coconut Grove? Mr. Talbert: One. Amauri Piedra, general manager of the Mayfair Hotel. He's on our — actually, it's -- in terms of our board, it's Amauri Piedra from... Chairman Plummer: So, the other six are downtown? Mr. Talbert: No, they're -- I guess downtown or the airport. I mean, the City's... Chairman Plummer: OK. Mr. Talbert: And we can provide that entire list. Let me just get into now in sales and marketing. You've seen how we get our money, kind of where it's spent, between marketing and convention sales. Let me talk about our tourism operation. From October of '97 through current, with all of last fiscal year up to the current, in terms of tourism sales, we're going to talk, after this piece, about convention sells. But for tourism sales, we were involved in 92 tourism trade shows, fourteen sales missions, 66 fan tours or familiarization tours, and 27 sales blitzes. For every single fan tour, for instance, familiarization tour, where folks are brought to this town by the bureau, every single one of fan tours involve exposure to the City of Miami, whether it be downtown and Coconut Grove or downtown Coconut Grove, Little Havana, Little Haiti, the diversity of our community. We're very proud of show casing, which is_ the strength of our community, this kind of diversity. So, every single one, whether it's called tourism sales, has exposure. Then, when we go to trade shows, for instance, local members, hoteliers, restaurant tours, retail, the opportunity to attend many of those with us, and those sales missions when they go out of town. The next, N 3 May 11, 1999 Media Relations. Once again, for that same time period, 25 fan tours, 32 media missions. 215 media visits. and 24 special projects. We've taken an opportunity here — we've given you a book, which is just a quick selection of news stories that were generated by the bureau, bringing journalists here, and, in this case. what you've got in front of you are, I think, six or eight stories, which are just samples, and can give you stacks and stacks. But what you see in that booklet represents five point nine million households and the ad value. if we were to have to buy it — remember, these are journalists that come in free and write stories — would be a little under a million dollars ($1,000,000), and these are in some terrific publications. Let me talk a little bit about our publishing program, and we have — if we can give out now the four main documents that the Bureau put out, the, Vacation Planner, -our Visitor Guide, our Meeting Planner, and our Travel Planner. You're going to get — we've gone through — our marketing staff has gone through these documents, and report that, in terms of editorial coverage -- and, actually, it's interesting, in terms of advertising. coverage too, because these publications -- good morning, Mr. Mayor — are supported by advertising, and 29 percent of the editorial coverage in all of these publications are City of Miami coverage. Twenty-nine percent of the adds are also City of Miami. Once again, exceeding the 22 percent base, which is the share of the revenues that come to the Bureau from the City -of Miami. You had asked also about events. We've got another page here in the kit called Other Events. We are — as you know, we talked earlier about the thousand members that the Bureau has. In terms of the membership exchanges over the last 18 months, you can see Rusty Pelican, Sloppy Joe's in the Grove, the Sky Lobbying downtown, Banker's Club in downtown, Miami Airport/Marriott, Casino Princessa downtown, and Dick's Last Resort in downtown. I guess that's the most recent membership exchange, and we generally get three to four to five hundred folks who are Bureau members, who come as kind of a business card exchange. It's an opportunity to network. They're very successful, and these are the membership exchanges over the last -18 months, conducted within the City of Miami, including downtown and Coconut Grove. Let me now go from tourism — marketing and tourism to convention sales. We've got — in terms of our convention sales department, lead by Eter Martiari, who is here, we've got nine convention sales staff here in Miami. We sell the Miami Beach Convention Center, Coconut Grove Exhibition Center, the Miami Convention Center, the Raddison, as well as hotel, meetings and hotels. And we'll show you the production later on in this report. We have one full-time registration person and one full-time housing person. In terms of convention sales, we've got a data base of eleven thousand of potential customers and it's highly computerized, and our convention sales staff looks at where meetings are held. Some are in a rotation and, to some extent — and I always say this — if we don't sell, particularly on a convention sale side, we don't eat. So; it's to the advantage — and these are driven by room nights, they're driven by — well, start with leads. You can't have a booking without a lead, then we have bookings. Bookings both in convention centers, as I mentioned, and in hotels. There are obviously meeting rooms and convention facilities in hotels and we're able to book those as well. But at the end of the day, it's how successful the Bureau is at booking those. Now, we have a convention sales committee — and I talked earlier about Frank Vanderpost, the GM (general manager) from the Intercontinental Hotel, who is chair of that. The Bureau's goals, in terms, of conventions, bookings, in terms of room nights, is generate -- is collaboration between the private sector, our convention sales committee, and our professional staff. The average tenor of our convention sales staff is 12 years at the Bureau. We've got as professional a convention sales staff is -- as there is in the United States. There are a number of general manager meetings. There are director of sales meetings, and there are also industry meetings. I talked about the goals. We also are very much into return on investment. When we go outside the community on a convention sale side for a blitz, for instance, we do them in New York, we do them in Chicago, we do them in Atlanta. Our staff, professional staff, when they return, evaluate what it cost us to conduct a mission, how many leads we got, and, ultimately, how many bookings we got to determine whether that was a wise investment of resources. Let me talk about venue reviews. On a convention sales side, we have a number of venue reviews. That's where folks are brought into town and they look at the community. If you look at the our multi -cultural venue review, which actually was just held, I guess, a week or 10 days ago, that was conducted in downtown Miami. That was the base. Smith Buckland Venue Review.. Now, Smith Buckland doesn't mean anything to you, but this is -the royalty of convention bookers. They represent probably thousands of associations that hold tens of thousands of meetings around the country and around the world, and this is more and more of what's involved. The Smith Bucklands of the world, who represent groups who may or may not be able to represent themselves -and, so, we have developed a very close relationship — in fact, Smith Buckland selects one destination a year to visit and really come in and put the destination under a microscope. They chose this past year Miami. They came here and they actually housed in Coconut Grove at the Mayfair and it was a very successful venue review. We also have a corporate — what's called our 4 May 11, 1999 corporate venue review. That was hosted in Coconut Grove. The Lipton venue review. One of our most successful venue reviews every year. Our meeting planners love to come down and, obviously, look at the location and feel in touch with _ when there's a world class event, like Lipton, it's a little easier to entice them down here, and that was hosted in downtown Miami. The remaining three are the other three venue reviews, and those were hosted on the Beach. We also had, as you probably know — I think I sent you — each of you a letter. You had a neighborhood meeting. We had the ASAE (American Society Association Executives) strategic leadership forum very recently. It was hosted in the City. We had just a terrific reception at Vizcaya, and this is the American Society Association Executives, and this is their — they had a board meeting here and these associations hold meetings, and we were able to book meetings from that strategic leadership forum. Moving right along. The next page, we've got a list of sales blitzes. These are on the convention sale side. All hotels had the opportunity to joint our staff, which puts together the blitz. When we go into a community to saturate them with leads, with prospects, to book meetings and conventions in hotels, in convention centers, and you can see a number of — these are — and they change from year to year, but they are strong markets, like New York, like the Midwest, like Atlanta, that we go to traditionally every year. The next page is a number of trade shows on the convention sale side that we attend and represent the destination. Let me talk a little bit about a site — the next little bit about production. We're going to get into some nuts and bolts here. In the last 18 months we've had, in the City of Miami, 233 site inspections. These are meeting planners who come in and look around. We provided services, convention services, to meetings being held in the City of Miami, 81 conventions and meetings. The next page talks about now production. The bookings. In fiscal year '97P98, the Bureau booked 13 meetings. Now, that could be — you know, that's not this current fiscal year, but they could be — a booking is a booking for us. Thirteen in the Miami Convention Center. One in Coconut Grove. There were a total of 48 total bookings by the Bureau in that fiscal year. Divide 14 by 48, you get 29 percent. Twenty-nine percent of the bookings. These are — the convention bookings were within the City of Miami. Thirteen in downtown and one in Coconut Grove. When you look at the room nights, 33,000 — a little over 33,000 room nights, that represents about twelve and a half percent of the total room nights. Very good. Let me — the next page. Coming right to the end, Mr. Chairman. In terms of Miami hotels. We had a hundred — in last fiscal year, 124 Miami hotel bookings. That was out of a total of 375. That's 33 percent of the hotel bookings countywide. In terms of the room nights, it represented 37 percent of all the hotel bookings countywide were in City of Miami hotels. Let me talk a little bit about Pow Wow. We talk about events. What this doesn't reflect meetings that are booked, for instance, hematology, which was held a couple of months ago, which was head quartered on Miami Beach. It was so large, hotels in downtown Miami and Coconut Grove were used. It doesn't reflect as a downtown or Grove, but it's ? beach. It doesn't reflect the Super Bowl. But let me talk about Pow Wow... Chairman Plummer: That's what 1 want you to get to. Mr. Talbert: ...that's coming up, and let me assure you, in transit, I've signed the document, are what you will need to participate in Pow Wow, which begins here -- starts -- actually, we're going to have a pre Pow Wow familiarization tour beginning on the l3th. Chairman Plummer: Thursday. Mr. Talbert: Thursday. We're bringing 87 tour operators for a little sneak preview of the destination and downtown and Coconut Grove will be highlighted, as well as the Beach, as part of that "sneak preview." In terms of Pow Wow, six of the 17 host hotels are located in the City. That's 35 percent. In terms of sightseeing. We got a page called sightseeing. You can see half of the sightseeing opportunities, including theater -- the theater in the Grove, which, interestingly enough, is one of the most sought after sightseeing opportunities, and it goes on down. And you have a brochure that folds out, that's a terrific piece, that was developed in-house, a piece of collateral that's terrific, that's gone to all the delegates. I believe that the sightseeing here at this Pow Wow will be greater than any other Pow Wow they've ever. had. In terms of events. And I think you know that Pow Wow — you know Pow Wow was held here five years ago. The last time Pow Wow was held before that was 24 years before that. That's how long the destination was kind of off the map. Pow Wow has come back to this destination as fast as it has come back to any destination, and it's a credit to everyone, not just the Bureau, but the hotel industry, the retail, service, our political leaders have all made good things happen so that Pow Wow — 20 percent of all the travel business in the United May 11, 1999 States each year is booked at Pow Wow. Three billion dollars ($3,000,000,000) of business is booked here. There is the events. We've got Habitat for Humanities event this Saturday at Penrods. And on next Thursday, a week from Thursday, we will be, along with others, in Little Haiti. I think Mavor Carollo was at a press conference we had in partnership with the NFL (National Football League) in Little Haiti when that program was announced. Along with TIA, we'll be building 10 houses with some industry donations. The hotel association is going to be furnishing, for the first time, houses. You've got the media lunch this Sunday at Vizcaya. You've got what's called an unforgettable voyage. These are the main events, the main community events at the port in terminal 12 on Sunday. On Monday, a night under the stars, Bayside Marketplace. The first time Rouse company has ever closed one of their properties in the United States for any reason. That's how valuable they find Pow Wow, and we're excited about that. There will be a concert at Bayfront park. The Miami Sound Machine is coming back together. Carlos Ponce will be performing. It's going to be a spectacular night. Chairman Plummer: OK. Questions from the Commission first, if they have any questions or any statements. Vice Chairman Gort: Let me ask a question. I know at one time you were having a lot of problems with the hotels in downtown, and they all got together and the biggest problem was that each hotel was doing its own marketing, instead of doing it as a team. And one of the things we were able to do is pull all the hotels together and do the marketing. And my understanding of the business, the convention business, there's different types. There's one that needs so many rooms, so many space and, then, one of the reasons that the downtown hotel was being successful because marketing all together, instead of each one doing their own marketing in conjunction with you. At the same targeting, the market that was suited for the Miami Rooms and Convention Center that they had. I think Coconut Grove has enough hotels and it's got a convention space in here that could be earmarked to certain markets — that segment of the market. Because my understanding is, there's a top one, there's a middle, and there's some little ones. Have you all been — done that at all? Mr. Talbert: Yeah. Obviously, on the downtown, that's known as the Downtown Connection, been very successful. We have, over the last few months, had a series of meetings with both the hoteliers, and there . are five or six hotels. We're very close to all those properties, whether it's the Mayfair, the Grand Bay, the Doubletree, and we're working with them to try and come up with what — a kind of program where there will be telemarketing for the Coconut Grove Exhibition Center, some way to drive more business. Obviously, with eight hundred total rooms in Coconut Grove, it'sdifficult to get -- it's a tweener kind of situation. Because meetings — larger meetings require -- 1 mean, for instance, citywide, which you couldn't do in the Grove, would require one hotel with nine hundred rooms available, and you can't really do that. But there are markets that we can and we will address for the Grove with our hotel partners and Coconut Grove Chamber and the retail sector. Vice Chairman Gort: But there's a market, which is conventions, less than five hundred? Mr. Talbert: Yes. Definitely, yes. Chairman Plummer: Any other comments or questions? Commissioner Regalado: Question. Chairman Plummer: Mr. Regalado. Commissioner Regalado: Mr. Talbert, when are you going to come up with some idea to mirror the pilot project that you have in Miami Beach in terms of tours? Mr. Talbert: Good question. Thank you very much for bringing that- up, Commissioner. We --the Convention Bureau, along with the City of Miami Beach and, obviously, the Cruise Lines, and Penrod on the Beach, has begun a pilot project, a project that's long overdue. One we hope that will sprout into a program that we can replicate countywide. It involves — it's called what is called a "Pre" and "Post" cruise May 11, 1999 opportunities. In terms -- what happens now, people can -- before they get to the ship or after they come off the ship, they are taken to Penrods, via, the electric wave, the beach shuttle. They have lockers there and they can then enjoy the beach or travel the electric wave around Miami Beach. South Beach, shop or take tours or whatever. We're monitoring that very closely. I think we're only in the second month of that. But, believe me, as quickly as we can replicate that for downtown, Coconut Grove, we very much want to do that. We want to get the bugs out of the program so that can we can very quickly section expand it and grow it. Commissioner Regalado: There are many merchants that will be willing to pay for the transportation, if you can arrange with the cruise lines those tours. And not only in the Grove, but in downtown. But on different areas, there -- as you know, there's specialized tourism and Miami can offer via Little Haiti or Little Havana some of those tours, and the merchants are really interested in even paying for the transportation. The other question you have, the sign Tropical Campaign. Mr. Talbert: Yes, sir. Commissioner Regalado: You have the trademark now? Mr., Talbert: Yes, sir. Commissioner Regalado: Or you're going to buy it? Mr. Talbert: Yes, sir, we have the trademark. Commissioner Regalado: You have the trademark. In terms of Latin America, I saw that your blitz concentrate in cities north of Florida. What are you doing in Latin America? Mr. Talbert: We have --1 think there's kind of an oversight in my presentation. We have reps all over Latin America, in Brazil, in Argentina, in Mexico; the tourism reps and media reps. And we have — in fact, just this past week, a Venezuelan television station in town — I think they were in the Grove filming for a show that we've -- we develop relationships, particularly with the median Latin America, particularly. Over the last six month we've had three -- I think it was Argentina, Brazil, Chile — TV shows, the equivalent to Good Morning America, that we've been able to bring here at fairly low costs, and have them telecast here. We, then, run promotions in Latin American in tandem with that. And I know we had -- there was an event -- there was one group at the Rustic Pelican televising. Those have been very successful. They've had — and they're anxious to return. But we do — the things we do in Latin America, print — I don't know if the media kit has any of our Latin American stories, but we have co-op programs, the United Airlines Co-op Program ran ads in Latin American to drive business, and that's our co-op program that we've greatly expanded this currently year. We're going to expand in the future. But those were actually television ads that ran in Latin America, but there's a whole lot that's happening down there. Commissioner Regalado: One last question. The ad agencies, you have minority ad agencies in your contracts? Mr. Talbert: Well, we have Turkel Schwartz. He's our -- his partner is our ad agency. As you now, they're located in Coconut Grove. I think they do use minority vendors. We have JGR located in the City, which handles our media relations. 1 think Julio Mendez is here. We have Strategy Re -- because you talked about vendors and we're going to provide that list, Strategy Research located in the City. We've been doing business with them for 15 years. Highly successful. But I know that Turkel Schwartz has some minority vendors involved with them. Commissioner Regalado: Thank you. Chairman Plummer: OK. You want five minutes? Because what I'm going to suggest, at the conclusion of your comments is, Mr. Talbert, that a meeting of all of the merchants of Coconut Grove, whether you schedule it here at City of Miami or whether you have it at some place in the Grove. I think this 7 May 11, 1999 presentation needs to be made to all of the people of Coconut Grove, who have been talking to this Commission -- not just myself — about the need of help for Coconut Grove. Commissioner Teele: Mr. Chairman, before you... Chairman Plummer: Mr. Teele. I'm sorry. Commissioner Teele: Yes. Mr. Talbert, thank you very much again for coming in, and I apologize that I've not been able to discuss these matters privately with you first. Very quickly. The City of Miami is concerned about Coconut Grove issues, and I want to be on record as supporting their concerns. At the same time, we have other areas, such as the Knight Center. We lose about three million dollars ($3,000,000) a year. Chairman Plummer: Four. Commissioner Teele: Three to four million dollars ($4,000,000) a year are lost, taxpayer money. Do you have any strategies or is there anything that you're doing, proactively with us, or can you, to help us better utilize that facility? Mr. Talbert: I think, Commissioner, as your sales company, we've done a number of things that probably mitigate that a bit. We do book and sell and bring help as part of an overall team, but we put the program together. The Super Bowl. In the Super Bowl last — this past time was headquartered there at the Hyatt and the Knight Center virtually used the entire place. We also were a part of the core team that put together the proposal that brought the free trade area of the Americas house there. We... Commissioner Teele: Where is Pow Wow going to be housed at, at the Miami Beach Convention Center? Mr. Talbert: Yes, sir. Commissioner Teele: But they won't use any of the Knight Center? Mr. Talbert: No. It's an appointment session, which you really couldn't... Commissioner Teele: Let me just put it on record. I really do think that maybe we need -a separate strategy with that. The second of the three points relates to the convention. Are we satisfied, in comparison with, say, New Orleans or San Francisco or New York, in how we're doing in convention sales? I don't... Mr. Talbert: Well, let me say this. We had some difficulty because of the lack of a convention headquarters hotel. I think that's no surprise. Everybody knows that. The day that the Loews deal on Miami Beach was done, it is a second, say, a hundred and twenty or so rooms, when you pear it up with Mr. Pebo's hotel. There's really twelve hundred rooms there. When that project was a full go, it made booking conventions and, particularly, rebooking -- repeat business is very important. We weren't doing so well. But when that deal was done on the beach, it made life easier and our sales efforts much easier on a convention sell side. Commissioner Teele: And that's my point. I've never heard that we weren't doing well. 1 mean, I sat around this process for six or seven years and heard that when were doing well in conventions and now I'm hearing that we weren't. But the fact is... Mr. Talbert: No. Commissioner Teele: I don't think we have ever been viewed as a convention destination. My concern -- and I would specifically ask you to get back to me on this -- is that I have referred. at least three different conventions. At least two of them are coming. Both of them was supposed to be in Miami, in the City of Miami. Both of them have wound up being outside of the City for various reasons. The one, the Shriners, which we had hoped very much would be based there at the Hyatt, at the Convention Center, it just didn't happen for whatever reason, and they're very, very dissatisfied with some of the interaction, and I'd like to 8 May 11, 1999 discuss that with you at a later date. But I wish you would take note of the fact that the Shriners. which is one of the largest forty thousand people, they wanted to be iti the City of Miami. They're going to be on Miami Beach. The second one, maybe not as exciting... Mr. Talbert: And thanks to your help in helping us book that, too, Commissioner. Commissioner Teele: Yeah. But, see,1 wanted it in Miami. The second one, maybe not as exciting but just as important, is the Florida Baptist Convention. Now, I know that may not be -- well -- but, in any event... Mr. Talbert: Oh, it very much is. Important business. Commissioner Teele: But in any event, they were going to be in downtown Miami and now they're going to be at the Raddison. And I would like some type of commitment that we can look at how we can go into some of these specialty conventions and get the right kind of people associated with it because I think we're missing opportunities, not only in Coconut Grove but in the entire City if we're not proactive and aggressive in that, and I'm not sure how it keeps falling through the cracks. But those are two conventions that are coming -- that were going to be coming to the City that aren't. And I know, from your point of view, you're concerned about them just coming here... Mr. Talbert: That's our first concern. Commissioner Teele: ... to... Mr. Talbert: That's our first concern. Commissioner Teele: ...Miami -Dade County, and I would like just some consideration at a later time on that. Thank you. Chairman Plummer: Thank you. Ms. Silvia Cejas: Good afternoon. My name is Silvia Cejas, incoming President for the Coconut Grove Chamber of Commerce. As all of you know, the Chamber of Commerce has been very actively looking at overall promotional efforts for the City of Miami and Coconut Grove, and there's just certain points that 1'd like to mention here regarding the presentation. First point is, I think it would be very beneficial to. all of us to also see the actual advertisement campaign, and that includes the print ads, radio, TV, all means in which Dade County's being promoted to the visitor industry, so that all of us can see how it is that the message of the City and Coconut Grove is promoted in that campaign. So, if we can just add a note that, I think it's very important that when we're looking at promotional efforts, that be included as part of the presentation. With regard to the presentation, just a couple of points that 1 think we'd like to get more information on. As far as 1998 hotel occupancy, Grove, Gables, and Key Biscayne are consolidated. I think that it's very important to segregate these markets so that we can see actually what the Grove is doing, Gables and Key.Biscayne, and not just as one. Why are they lumped together, if 1 may ask? Mr. Talbert: It's because it's tough, statistically. When you gather this data, if it gets too small an area, you know what's happening in an individual hotel and that's — some of those are proprietary kinds of things. So, it's a bigger -- and I think you're aware, we've begun -- 1 believe we're about to begin a process of interim surveys in the Grove properties to try and get our arms around that. I think that — I'd love to be able to segregate it out. If we can, we will. Ms. Cejas: OK. If I could, it also can indicate to us how a single area is doing. Since there are six hotels in the Coconut Grove area, by having the figure for those six hotels, you don't really get into proprietary issues because there's not one -- there's not just one hotel in the area. So, I think it's very important for us to see that figure. Also, 19... Mr. Talbert: And let me -- some of this is also — I don't know the strategy, but we'll get you a report. I don't know if they're -- they do random samples or how they actually collect the date, but if we can, we will. 9 May 11, 1999 Ms. Cejas: Then, obviously, in seeing the 1998 variety of areas visited, the differences indicated that there is obviously an opportunity to increase City of Miami/Coconut Grove areas, as far as areas visited in the surveys. On Tourism Sales. The Fam Tours of 66. 1 think it's important to indicate when they occurred and where it was that they were housed. The number, obviously, looks good. But, in addition to that number, you need to know where they went. Mr. Talbert: Let me — not to interrupt you, Silvia. Ms. Cejas: Bill, please. Mr. Talbert: But let me — you know, one of our mistakes, and we're going to try and correct it is, when we bring Fams in, you know, we're kind of so proud of it, we, unfortunately, sometimes don't inform our -- some of our partners that we're here showing around people who can potentially book business. So, 1 think, Silvia, in our discussions, we pledged to try and work closer in the Grove and in other areas of the community. Let everybody know we've got journalists, we've got meeting planners, we've got business coming. Vice Chairman Gort: Let me give you a suggestion. You should contact them so they can set up parties and give them a nice reception, so they'll feel nice and welcomed. I think they'll be very helpful. They would want to do that. Ms. Cejas: For the record, would it be possible, in addition to getting the actual numbers for Coconut Grove, also, for the record, could we get the Fam tours, the 66 of them, some itemized, as far as when they occurred and where they were housed? Mr. Talbert: Sure. Ms. Cejas: The same with Media Relations. Obviously, seeing two hundred and fifteen media visits is very impressive. I think it is also important to know where they were housed, which magazines they were in and, also, what transpired from that visit, which articles came out? And, so, we could see what the media is looking at and the message they're sending to the general public. All this is — that's the part that's really important to this entire presentation, are the actual results from these efforts. With the publishing program, I just want to know, so that all of you are aware, these guides are wonderful. They are very costly. To an advertiser; to have a full page in a vacation planner is approximately fifteen thousand to eighteen thousand dollars ($18,000). So, that there is -- there's a huge investment made on the part of hotel attractions when they advertise in. these publications. And each publication, in itself, is a -costly piece. Something we've requested. The vacation planner happens to be publication that's most circulated and we have asked, if possible, that on that -- in that particular publication, the cover one time could be considered as a reflection of the City of Miami, and I think that that would be very important. Obviously, many people will look at the first image they see and make an impression of where they want to stay. So. I think that that's been something that we have requested in the past. Convention Sales is another concern for our area. We've all discussed here that we do not -- we're not, in ourselves, a convention destination. Therefore, sales efforts need to be different. And, in that sense, we need to have a division within the Great Miami Conventions and Visitor's Bureau that focuses on these types of areas, where you do not have the five hundred plus room hotels. So, 1 think that that's also a very important request that we've asked for. The City of Miami results for bookings. 1 know we quickly went over that, but it does indicate that thirteen bookings went to the Miami Convention Center and just one, in a one year period, was booked in the Coconut Grove Convention Center. I think that's very important and something that we really need to look at. When we looked at this listing of all bookings for downtown and Coconut Grove, included in this are all leads that are sent. A summary of this report would indicate that 1997/1998 fiscal year, zero point seven percent of all group room nights that were booked, were in this area of Coconut Grove. Mr. Talbert: Actually, it's -- if you look at hotels — if you focus in on hotels, and it was part of my presentation, my analysis of the twenty-five hundred rooms in the Coconut Grove matched against the eighty-nine thousand, all hotels in the city was about one point one percent. 10 May 11, 1999 Ms. Cejas: For the City of Miami? Mr. Talbert: Either the City or was it — let me look. Keep talking, Silvia, and I'll... Ms. Cejas: OK. So, again, even though when you go through this listing, there's a lot of business that's shown here. A lot of it are sales leads. The actual results for this area for a one-year period was thirty-five hundred -- three thousand five hundred and eighty-nine room nights for Coconut Grove or zero point seven percent of all group business that was booked by the bureau. Chairman Plummer: OK. Ms. Cejas: With Pow Wow. Chairman Plummer: OK. Ms. Cejas: We looked at Pow Wow very closely because, obviously, this is a very, very important show that's coming to the area. And we were very expressive about our wanting to -have at least one event that would highlight Coconut Grove, and when we reviewed the entire schedule -- obviously, the opening evening is in Miami Beach. The closing event, again, which is the huge event, is happening in Miami Beach, and we asked for some kind of an event to come to Coconut Grove and, as a result, we are getting a pre Pow Wow event.- However, from the fifteen hundred delegates that are coming, eighty-seven are coming to our area. So, obviously, it does not have the impact that Miami Beach will be receiving from Pow Wow to this particular area. And, again, I think this is just a point of clarification, that's important when you're looking at the overall... Mr. Talbert: But, Silvia, please — and that gets back to the tours. The tours, I think, are conducted on Sundays, which is an open day, and you can see virtually half of some of the most sought after tours are in the Grove, and that's in that brochure there. So, I think you have to balance those things out. We — and the customers are telling us is, a number are coming to those Grove activities. Ms. Cejas: In the Shopping Tour, which is what we really looked at, specifically, because the Shopping Tour highlights Coconut Grove, which is one of the amenities, which we promote in our area. I believe there's a total of thirteen delegates coming to the Shopping Tour, which, again, it's a number that concerns us. It's not an impressive figure to have a total of thirteen delegates that are coming — that are interested in coming to see the area. And just in closing, I think there's also been a lot of talk about these pilot programs. 1 think you've got an area that's willing, able and very interested in being considered for pilot programs, and it's difficult for us, when we want to increase our visitor segment, to sit back and wait to see how other areas do until we're -- we get the opportunity to receive that amenity. So, I think that what you're hearing is, we're more than ready to be pilot programs as well. And, as you know -- you know, there has been a task force that has been assigned now to look at this overall issue, so these -- all these facts and figures will be viewed in more detail with the task force. And, obviously, we thank the City of Miami for taking that initiative. I believe maybe someone us else from the Coconut Grove area wanted to speak. If we could have... Chairman Plummer: Well, hold on. Hold on. And you're not in conclusion because you're just starting with this dialogue between Coconut Grove and the Bureau. I would hope a meeting would be called in which all the merchants would be invited to attend, and that this same presentation can be made. But one more important factor and that is, that prior to your meeting, whenever you call it -- and I'm sure we can make these chambers available, if you want them, or some place in the Grove — that, say five days prior to your meeting, that questions be sent to the Bureau that are important to the aspect of the people in Coconut Grove, so that the questions can be prepared to be answered. You know, a presentation is. nice and it was a very nice presentation, by the way, but I think there's may be questions that people want to ask that were not discovered, and that's why — I will one or two questions because we've now been on this for almost fifty minutes and we do have a full agenda. You have a burning question. If you'll give us your name and who you represent. 11 May 11, 1999 Ms. Sachi Wagner: My name is Sachi Wagner and I represent the Madory Galleries on Commodore Plaza. I've been in business in Coconut Grove for well over 28 years. Chairman Plummer: We don't charge for commercials. Mr. Wagner: Well, I just want to say that I know what it is to be in business in the Grove and my concern is — I appreciate, you know, bringing greater resources, conventions, hotels and such, but it's also reaching the greater body of all the tourism in the promotions that you do. And I just — I'm concerned that you don't really recognize what a resource Coconut Grove is and its uniqueness. And there needs to be a conveyance of concept, and I would like to suggest that we initiate more dialogue to develop that concept of what the Village of Coconut Grove is and who some of us are there, and what it is that's made it special for us, that we could now convey to the greater public. Chairman Plummer: All right. Ms. Wagner: And I'm going to leave some invitations. Chairman Plummer: Thank you. Mr. Boom -Boom, you have some comments you wish to make? Mr. Manuel Gonzalez-Goenaga: Yes. I would like to... Chairman Plummer: Very quickly. Mr. Gonzalez-Goenaga: Everything here, unfortunately, boils down to dollars and cents. How much is the citizens of Miami are contributing to this Convention and Visitor's Bureau? Question number one. And question number two. I have not seen anyone representing the real downtown Miami, which, after five, six o'clock, looks like hurricane preparedness City. And, then, if we are going to do something about Coconut Grove, I think that this Convention Bureau, whatever it's called, I love to see a lively downtown, not a hurricane prepared downtown at night. Chairman Plummer: Thank you. sir. Mr. Talbert, I thank you for being here, sir. I would ask you to get together with Silvia and, in about three weeks, maybe you could put a meeting together. If it's possible, I'm going to recommend the 31st of May. It's a Monday. And we could have it here, if the Chambers would be available, Mr. Manager? You all can check your times. Mr. Donald Warshaw (City Manager): That's a holiday. Chairman Plummer: What time? That's Memorial day. Forget that one. I'll about be out of town. How about the Monday night after that, what would that be? I want to be at the meeting and that's why I want a Monday night. Mr. Talbert, the Monday after... Mr. Talbert: That's June 7th. Chairman Plummer: ...Memorial Day. Mr. Talbert: That's June 7th. Chairman Plummer: June the 7th. Is there any problem with that? Ms. Cejas: No. Chairman Plummer: How about -- what's a good time, 5:30, six o'clock? Ms. Cejas: Five thirty. Chairman Plummer: Five thirty? All right. So, then, on June — let's say, by the first of June you will supply 12 May 11, 1999 to Silvia, who will supply to Mr. Talbert, any pertinent questions that you would like answered at that meeting. I think we've opened the door to, at least, information and I think, maybe even more so than in the future, Coconut Grove is going to be watching and we're going to be watching. l thank all of you for being here and we have a full agenda. So, have a good day. Let me make the following announcements. let me make the following announcements, if I may: the following items have been pulled from the agenda. Please take note. Item 7, Item 17A and Item 29. The following items will be heard at times certain: Item 3 will be at I I and not before; Item 32 will be heard after two o'clock; and Item 34 will be heard after 3 o'clock. Item 32, by the way, is the Waste Haulers. Item 34 is the Upper Eastside. We have some ceremonial. Now, Mr. Sanchez has to leave to attend a funeral. You'll leave at 10:30? Commissioner Sanchez: No, Mr. Chairman. I'll leave at 11. And, just for the record, we had a death in our family during Mother's Day and I will be leaving to attend the services and the funeral. Chairman Plummer: You'll be leaving here at 11? Commissioner Sanchez: Yes, sir. Chairman Plummer: All right, sir. Vice Chairman, Gort: Mr. Chairman? Chairman Plummer: Ah, we have -- Mr. Gort. Vice Chairman Gort: I have to leave here today at 4 o'clock. Chairman Plummer: All right. Mr. Gort will be absent after four p.m. today. I think we probably will be finished. 2. DISCUSSION re NEED TO RESCHEDULE MAY 25, 1999 COMMISSION MEETING. (See labels13 + 70). Vice Chairman Gort: And I will not be here on May the 25th. I'd like to change the meeting, if possible. Chairman Plummer: Wait, wait. Excuse me. Please, one at a time. Three people -- I've only got two ears. I can only listen to two. Mr. Gort, you're asking that May the 25th meeting be changed? Vice Chairman Gort: Yes, sir. Chairman Plummer: Do you have a suggestion, sir? Vice Chairman Gort: May 25th. I fly back Thursday morning. I got the red eye, so I can be here early morning Thursday. Chairman Plummer: That's in May, correct? Vice Chairman Gort: The 27th. Yes. Chairman Plummer: Can we incorporate it the week before? Vice Chairman Gort: No problem. I'm flying. Chairman Plummer: Mr. Manager, can you make that a week before? That would be a week from today, instead of two weeks from today. We can't do that. Vice Chairman Gort: No, you don't have enough time. N 13 May 11, 1999 Chairman Plummer: All right. Then, how about the 29th, is a Tuesday, right? Vice Chairman Gort: Twenty-ninth is a Saturday. Mr. Alejandro Vilarello (City Attorney): That's a Saturday. Chairman Plummer: What's the Tuesday after the 25th? Would be the 32nd? Vice Chairman Gort: June 1st. Mr. Vilarello: The first of June. Chairman Plummer: We can't do that, legally. Mr. Gort, I'm going to be out of town on a Thursday. I'm leaving Thursday for Memorial Day weekend. Vice Chairman Gort: Can we do it on the 20th or the 21 st? Would that give them enough time? Chairman Plummer: How about — Mr. Manager, will you come back to us later on in the day and give us a worked out schedule? All right. We have some official ceremonial — I don't have a list, by the way, so I'm going to just ask my colleagues to get your ceremonial and come forward with whatever you need to do, please. Note for the Record: Substituted version of Item 30. Mr. Vilarello: Commissioner, I do have a substitute of Item 30. Chairman Plummer: I'm informed, Mr. Sanchez, that the item you wanted was 33 and not 32, am I correct? Commissioner Sanchez: It is the Solid Waste issue. Chairman Plummer: Solid Waste or the -Waste Haulers. Commissioner Sanchez: Thirty-three, I would like... Chairman Plummer: All right. Commissioner Sanchez: ...two o'clock:.. Chairman Plummer: Mr. Clerk, correct 33 instead of 32 after 2 o'clock. Mr. Teele, did you ask for the floor? Commissioner Teele: No. Chairman Plummer: OK. Mr. Sanchez, you have the floor. N 14 May 11, 1999 (1) Commendation to Salvation Army for its invaluable service to the community. (2) Proclamation presented to Miami Northwestern High School Football team for winning the State Championship, and being ranked number two in the South, and number four in the nation. (3) Proclamation issued to Northwestern High School football coach, William "Billy" Rolle for being named "coach of the year for the 98-99 football season. [At 10:37 a.m., an invocation was delivered by Mr. Thelbert Johnakin, who then led those present in a pledge of allegiance to the flag.] Chairman Plummer: All right. If everybody would please stand. I'm going to ask Mr. Johnakin to give the invocation today, and I'm going to ask Mr. Sam Mason to lead us in the pledge of allegiance. Mr. Johnakin, if you would please, remembering, as was said previously, in our prayers and in our thoughts, the people in Oklahoma who have gone through unbelievable disaster, we should remember them today. (Note for the Record: Minutes of the meeting of May 12, 1998 were approved.] Chairman Plummer: Thank you. This is the official Commission meeting of May the I Ith and the first item on the agenda, there are no vetoes by the Mayor of previous Commission action. I now need a motion to approve the minutes of May the l2th, 1998? Commissioner Sanchez: So moved. Chairman Plummer: A year ago? Mr. Walter J. Foeman (City Clerk): Yes. Chairman Plummer: You'll have to tell me later on why it took a year. Later on. Motion made. Duly seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous ballot.. 4. CONSENT AGENDA. Chairman Plummer: We're now on the Consent Agenda and none of the consent agendas at this point have been removed. Does any Commissioner wish to have one removed? Commissioner Regalado: No. Chairman Plummer: Mr. Regalado. Commissioner Regalado: I just want to move it. Chairman Plummer: All right. Commissioner Regalado: I don't want anything. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Second. Chairman Plummer: All right. Anyone wishing to discuss any item on the consent agenda? Mr. 15 May 11, 1999 Mr. Manuel Gonzalez-Goenaga: Yes. Good morning. I am a little bit concerned today because Mr. Plummer has a tie. I wonder what's on his mind. And on CA-3, I see that we're going to spend or we have spent a hundred and eighty thousand dollars ($180,000) on tires for police cars. I love to see more and pay that same amount for shoe souls. In other words, seeing the police on the street s instead of the cars on the streets. I hope you get the — did you understand what I said, Mr. Plummer? Chairman Plummer: Yes, sir. Mr. Gonzalez-Goenaga: And, then, instead of — I love horse feet. What about dog feet and chicken feet? Thank you. Chairman Plummer: How much would you like? Mr. Gonzalez-Goenaga: Chicken feet. Chairman Plummer: Thank you. all right. All in favor of the Consent Agenda, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous ballot. THEREUPON MOTION DULY MADE BY COMMISSIONER REGALADO AND SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Sanchez Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Chairman Plummer NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Note for the Record: Pursuant to the City Code Sec. 2-33(i), Consent Agenda items that are removed from the agenda prior to City Commission consideration shall automatically be scheduled as a regular agenda item at the next regularly scheduled meeting of the City Commission, unless, by an unanimous. vote of all commissioners present, the City Commission considers such item as a regular item at the same meeting. 4.1 ACCEPT BID OF BEST GARAGE DOORS, INC., FOR FURNISHING AND INSTALLATION OF OVERHEAD ROLLING DOORS AT VARIOUS FIRE STATIONS FOR THE DEPARTMENT OF FIRE -RESCUE, ($71,128). RESOLUTION NO.99-312 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF BEST GARAGE DOORS, INC., FOR THE FURNISHING AND INSTALLATION OF OVERHEAD ROLLING DOORS AT VARIOUS FIRE STATIONS FOR THE DEPARTMENT OF FIRE - RESCUE, IN AN AMOUNT NOT TO EXCEED $71,128; ALLOCATING FUNDS - THEREFOR 'FROM CAPITAL IMPROVEMENT PROGRAM PROJECTS AS HEREIN SPECIFIED. 16 May 11, 1999 4.2 ACCEPT BID OF O.K. FEED STORE SOUTH, INC. FOR PROCUREMENT OF HORSE FEED AND SUPPLEMENTS, FOR THE"DEPARTMENT OF POLICE ($22,594.45). RESOLUTION NO.99-313 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF OK FEED STORE SOUTH, INC., FOR THE PROCUREMENT OF HORSE. FEED AND SUPPLEMENTS, ON AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR, FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $22,594.45, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.7 10. 4.3 ACCEPT BID OF BALADO NATIONAL TIRES, INC., FOR THE PROCUREMENT OF POLICE VEHICLE TIRES, ($180,000). RESOLUTION NO.99-314 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF BALADO NATIONAL TIRES,INC., FOR THE PROCUREMENT OF POLICE VEHICLE TIRES, ON AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR, IN AN AMOUNT NOT TO EXCEED $180,000, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, A RENEWAL OF 5% ANNUAL INCREASE, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 503001.420905.721. 4.4 ACCEPT BIDS OF HIGH TECH DIVING AND SAFETY, INC., AUSTINS DIVING CENTER BEUCHAT USA, INC., AND AQUATIC FABRICATORS OF SOUTH FLORIDA, FOR DIVING EQUIPMENT FOR THE DEPARTMENT OF FIRE RESCUE ($15,075.34. RESOLUTION 99-315 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF HIGH TECH DIVING AND SAFETY, INC., AUSTINS DIVING CENTER, BEUCHAT USA, INC.; AND AQUATIC FABRICATORS OF SOUTH FLORIDA, FOR THE PROVISION OF DIVING EQUIPMENT FOR THE DEPARTMENT OF FIRE -RESCUE IN AN AMOUNT NOT TO EXCEED $15,075.34; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, PROJECT NO.313304, ACCOUNT NO.289401-850. 17 May 11, 1999 4.5 AUTHORIZE FUNDING OF THE CRIME PREVENTION PROGRAM, ($100,000), FROM THE LAW ENFORCEMENT TRUST FUND. RESOLUTION 99-316 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE CRIME PREVENTION PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF POLICE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 4.6 AUTHORIZE FUNDING OF THE ANTI -DRUG EDUCATION PROGRAM ($85,000), FROM THE LAW ENFORCEMENT TRUST FUND. RESOLUTION NO.99-317 A RESOLUTION OF THE MIAIVII CITY COMMISSION AUTHORIZING FUNDING OF THE ANTI -DRUG EDUCATION PROGRAM AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $85,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 4.7 ACCEPT PLAT BARRIOS SUBDIVISION. RESOLUTION NO.99-318 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BARRIOS SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 5. APPROVE / CONFIRM MANAGER'S FINDING THAT AN EMERGENCY EXISTS AND ACCEPTING BID OF ELECTRICAL CONTRACTING SERVICE, INC ($39,500) FOR "GROVE KEY MARINA - TRANSFORMER MAT IMPROVEMENTS, B-6312". Chairman Plummer: We're now on the regular agenda. Item 3 cannot be heard before 1 I o'clock. We will now move on to -- I'm sorry? Item 2. Item 2 is ratifying and approving and confirming the City Manager's finding of an emergency for electrical contracting services for forty-five thousand four hundred and twenty-five dollars ($45,425) for the transformer mat at Dinner — Grove Key Marina. Is there a motion? 18 May 11, 1999 Vice Chairman Gort: I tell you, all I have is -three ninety-five. Chairman Plummer: Sir, if you read down further to the bottom, you'll see that, with the estimated expense contract, it's forty-five thousand -- here, Willy. Mr. Jim Kay (Director, Public Works): Right. It's -- the contract is thirty-nine and the (inaudible)... Chairman Plummer: The total cost is forty-five thousand four hundred and twenty-five dollars ($45,425) Mr. Kay: That's right. Chairman Plummer: Is there a motion? Vice Chairman Gort: Move it. Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous ballot. The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-319 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTS AND ACCEPTING THE BID OF ELECTRICAL CONTRACTING SERVICE,, INC., IN THE PROPOSED AMOUNT OF $39,500, TOTAL BID .PROPOSAL FOR THE PROJECT ENTITLED "GROVE KEY MARINA - TRANSFORMER MAT IMPROVEMENTS, B-6312"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311016, AS APPROPRIATED BY THE FISCAL YEAR 1998-1999 APPROPRIATIONS ORDINANCE NO. 11705, AS ,AMENDED, IN THE AMOUNT OF $39,500, CONTRACT COST, $5,925, ESTIMATED EXPENSES, IN THE ESTIMATED. TOTAL COST OF $45,425; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Comm issionerRegalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. in 19 May 11, 1999 6. DISCUSSION: MS. MARY HILL, CONCERNING HER VIEWS AND SUGGESTIONS IN REFERENCE TO VIRGINIA BEACH. (see label 12). Chairman Plummer: Item 3, we will come back to. We're now on the personal appearances. Mary Hill to address in reference to Virginia Beach. Mary Hill. For the record, give us your name, we know, and your mailing address, please. Ms. Mary Hill: My name is Mary Hill. I know you know me. I've been here many, many times before you. But my greatest concern today, just for today, is recognition of Virginia Beach. I live at 146 Northwest 67th Street. And before then, I'm a product of Overtown. I was reared up over there and I was always interested and concerned for not only the community in Overtown, four communities, but all over. Now, I'm here today to explain the very beginning how the Virginia Beach came a reality. I'm here asking that you all give us consideration also of this beach. There's a lot of history behind this beach. First of all, I was a student at Booker T. Washington High School at the time. I was a very young lady. And there were an official that came out to Booker T. Washington High School asking for very high honored students and very well -disciplined and intelligent young ladies to visit the first USO for the Army boys — the Navy boys, as they call, you know. During that time, it was boys, not men, even though we had men, good men. Now, I was recognized, the first one, as being one of the intelligent, very well -'honored high school student at the time. I was recommended by my principal and the dean of girls, Ms. Sutton — Charles William was my principal at the time — to visit the USO. This is how I became familiar with the World War lI boys at the time, Navy boys. Chairman Plummer: Ms. Hill, you're here for Virginia Beach. Ms. Hill: I know. I'm just telling you this, how the beach became about, sir. Chairman Plummer: All right. Ms. Hill: I have to get to this point and it will be brief make, but I have to make it clear how I got contact and who supported these efforts to get Virginia Beach. Now; what happened is that we — 1 was there and they became very familiar with me in my popularity. They confided in me, the boys did. So, finally, it got to the point they asked, where is our beach? We had none. We didn't have any beach. Although, we had plenty beaches around, we did not have, at the time they called, a colored beach. So, that made the war on -- World War I1 boys very furious. So, we said, "We're going to have a beach. What are we fighting for?" So I said, well, we don't have any. We're going to have to get a beach. So, what happened toward this beach is that, one day they called me and said, "We want to take you some place." And they had a little boat and six of us, three sailing boys, myself, and two of their girlfriends, we boated this little rigged boat right off of 14th Street and 12th Avenue to go over and check out this land that the Army boys wanted to have. They had a spot to get my approval. So, we did go over and it was a beautiful little spot there, the water and the land. So, now, what is going -- what happened after then, the beach opened, but it didn't open just like that. The boys went over into Broward and they just went to swimming because, somehow, it was a little while hesitant to get our beach. So, after then, that was a problem. So we — our beach opened. So, therefore, the boats went over and we went over there. Now, I'm saying all that to say this. This beach didn't just happen there. There's a lot of history behind this beach, and we're asking you, today, to recognize this, me, and the army boys of World War II, to save this beach and consider our plan, at this time, which will help us and the City. Chairman Plummer: Mrs. Hill, let me happily inform you that there is a committee who has been working on Virginia Key in its entirety, and I have information that, in fact, the memorial for the Virginia Beach, as you bring forth, is a part and parcel of what they are talking. And I will read to you from their latest meeting in April of this year... Ms. Hill: I didn't know anything about it. Chairman Plummer: "Members of the City administration met with the Black Archives to work on a plan to t 20 May 11, 1999 i ;ae;;z �. commemorate African American experience at Virginia Key;" So. I think that should make you happy. Ms. Hill: Well, it won't make me happy until we have our input. Chairman Plummer: I hear you, ma'am. Ms. Hill: Our input to see that we get our monument with the — us and the review of this industry. Chairman Plummer: All right. What I would suggest... Ms. Hill: And I also... Chairman Plummer: ...is that you work with the Black Archives, who is working with the administration, and they are the ones that you should be talking to try to get whatever feeling you have about what should be done because the administration... Ms. Hill: As one of the sponsors, I think I should have been recognized not only now, I think I should have been recognized from the beginning, since they know who I am. Since everyone know that 1 was a part of -- a lot of people know I was a part -- this was a part from World War H boat. Chairman Plummer: No problem, ma'am. Ms. Hill: On that monument, we want to recognize those World War H guys also. Chairman Plummer: Thank you, ma'am. Ms. Hill: That help this. Chairman Plummer: Thank you, ma'am. Ms. Hill: And we do have a plan, which 1 want us to be able to continue and, whoever there, work with me because we do have a plan that we have you and -- the City and the community. Chairman Plummer: Thank you, ma'am. All right. Ms. Hill: Are you going to do anything concerning the plans that we have? Chairman Plummer: Ma'am, -you can surrender your plans to... Ms. Hill: Or should I present it to the archives or who should I surrender it to? Chairman Plummer: You can surrender your plans to the administration, who will do that with the archives, the Black Archives, and, hopefully, working together in unison, they'll come up with something that will be acceptable to everyone. And I thank you for being here today. Ms. Hill: Thank you. I will follow that up. 7. DISCUSSION: MR. THELBERT JOHNAKIN re FUNDING FOR THE MODEL CRIME PREVENTION TASK FORCE. Chairman Plummer: Mr. Johnakin? As always, sir, it's good to see you, and Mr. Sam Mason, your counterpart or your bodyguard. Mr. Thelbert Johnakin: Good morning to each of you. Commissioners, I am — my name is Thelbert Johnakin, 5821 Northwest 7th Avenue. I'm the Chairman of the Model City Crime Prevention Subcouncil. It is a City of Miami Police Department program. I've been here for the last 21 years working as a volunteer 21 May 11, 1999 with this program. Today I stand before you for your support. I have submitted a proposal to the Chief for an amount of 39-5. As the Commissioners that know me and that know the program, they know that the program do work; that the program is working, and if you'd like for me to.read out what... Chairman Plummer: No. Let's get an answer. The chief is here. Chief? Chief William O'Brien: Chief O'Brien. Chairman Plummer: Where is his money? Chief O'Brien: We've spoken to Mr. Johnakin and reviewed his proposal. We're waiting for the review and his expenditures from last year, the twenty thousand dollars ($20,000). We will be funding Mr. Johnakin because we know he does some really good things for the community. Chairman Plummer: Well, let me speak for one, and I probably can speak for all, which I very seldom do. I personally know the work that the man does, OK. And I want to tell you something, he has never come to this Commission, in the 29 years that I've been here, and ever asked for something that wasn't put to good use. So, I hope you will keep that in mind. I hope that you can come with what he's looking for and that he can continue the good work that he's been doing in the past. Mr. Johnakin: Thank you, Commissioner. Thank you, Chief. Chairman Plummer: OK. Sam, does that speak for you also? Mr. Sam Mason: Thank the Commission and I want to say that I've worked with Mr. Johnakin for 20 years in the community and we're going to continue working with him and want to thank you for your support. Thank you. Chairman Plummer: Thank you. Thank you, Mr. Mason. Mr. City Attorney, you have some discussion on Item... Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: • Mr. Johnakin? Chairman Plummer: Mr. Johnakin? Commissioner Teele: Let me also express my appreciation for you coming down here. I know, and it was my, understanding, that the staff is supporting your proposal. I know that most of your activities take place in the substation and you have a great working relationship with the major and the lieutenants there' and I'm sure that, as the Chief gets an opportunity to review the proposal, there won't be a problem. We appreciate you coming down. Mr. Johnakin: Thank you, sir. Commissioner Teele: Thank,you. 22 May 11, 1999 8. BRIEF DISCUSSION: SETTLEMENT'AGREEMENT UPON BETWEEN (F.O.P) FRATERNAL ORDER OF POLICE. AND ITS MEMBERS REGARDING THE LAW SUIT ISSUE ON THE 1994 SERGEANT PROMOTIONAL EXAM. (See label 37). Chairman Plummer: Mr. City Attorney, you wish to address Item 6? Mr. Alejandro Vilarello (City Attorney): Yes, Commissioner. This personal appearance relates to Item 30 on your agenda today. I've distributed a substitute resolution, which settles only the Manning -- or recommends request settlement authority for the — only the Manning case and, in fact, defers the piece that deals with the FOP (Fraternal Order of Police), -which is what this personal appearance deals with. I have not spoken with Officer Carvil. However, I do believe that will address his concerns. Chairman Plummer: What action do you want of this Commission today, if any? Mr. Vilarello: On Item 3.0, approval of the substitute resolution. Chairman Plummer: And that will be taken up in its proper perspective? Mr. Vilarello: Yes, sir. Chairman Plummer: OK. 9. DISCUSSION: DAVID O'NEAL FROM MIAMI-DADE WATER & SEWER DEPARTMENT CONCERNING RATES FOR WATER & SEWER SERVICES WITHIN THE CITY OF MIAMI. (See label 11). Chairman Plummer: Representative of Water and Sewer, are they here? This is an item that I asked to be put onto the agenda. Mr. Teele, you've made comments in the past, I've made comments, and I guess the best way to address this issue is from a personal standpoint. And I am very concerned because I've had complaints from a lot of other people about water bills in the City of Miami, as opposed to other places. And just for the record, I live alone. I'm a bachelor. I wash my clothes once a week. I take a bath once a day. And my last water bill was for two hundred and thirteen dollars ($213.00). 1 think it's preposterous. I want to know why? And don't tell me it's my meter and I've got a leak. You guys came out. You put in a new meter with a little triangle, which don't move. It's solid, in one place. I want to know why I am paying -- and other people, but I'm using myself as the example -- when I pay sixty-five dollars ($65) for water bill, but I pay a hundred and ninety-two dollars ($192) for water sewage, for the sewage bill. Where I come to a total of two hundred and thirteen dollars ($213). I have a place, as you're probably aware, in the County. It's a business. Uses more water than what I use at my home, and I pay fifty-eight dollars ($58). Now, I want to know why the people of the City of Miami are, in fact, being double charged, triple charged, or whatever, and I think that you need an explanation to give to the people of this community, how these bills are some damn high. 1 didn't ask for that. You got a high bill also. Mr. David O Neal: The only thing I can tell you is that the rates in the City of Miami are the same as our entire service area. There's no special rates, lower rates for any other customers that we have. Anyone in the City of Miami pays the same as any of our other customers. Chairman Plummer: Well, you do have a special assessment in the City. Mr. O'Neal: For -- there's a storm sewer charge in the City, that we remit to the City. Chairman Plummer: But you don't have that in the County. - Mr. O'Neal: The County has its own storm water utility charge. I believe you charge three fifty per month. The County charges two fifty, I believe. 0 23 May 11, 1999 Chairman Plummer: Well, you're showing here — for the City of Miami, you're showing ten fifty. Mr. ONeal: That's for a quarter. Chairman Plummer: Per quarter? Mr. ONeal: Yes. Chairman Plummer: That's correct. Mr. ONeal: Correct. Chairman Plummer: And where does the twenty dollars and nine cents ($20.09) for taxes go? Mr. ONeal: Which tax? I don't have a copy of... Chairman Plummer: All it says here on my bill is "tax." Mr. ONeal: There's utility excise tax, which goes to the City of Miami. It's 10 percent of your water charge, .if that's what you're referring to? It's the ten percent of the water charge. Chairman Plummer: OK. Then, I guess, really, the question I'm asking, why, in the County, am I paying fifty-eight dollars ($58) and in the City I'm paying two hundred and thirteen? Mr. ONeal: I'd have to look at the bill because, again, the rates are the same. Chairman Plummer: All right. Mr. ONeal: Unless you're in another municipality... Chairman Plummer: So, I don't tie up my colleagues any further, I'll ask you look to into it and come back to the next City Commission and give us an answer. Fair enough? Mr. ONeal: Fair enough.. Chairman Plummer: And I'll give you these. these are my last three water bills. Mr. ONeal: Thank you. 10. BRIEF COMMENTS REGARDING NEED FOR REVISION OF JURY DUTY PROCESS. Chairman Plummer: OK. We'll now go on to the other part of the agenda. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mrs. Jenkins, you're here. I was going to tell a story, if you don't mind? I went this week for jury duty. Mr. City Attorney, i want to tell you, sir, this town cries out for a revision of jury duty, the way it is handled. The people are lovely. They're nice. They give you good movies. They give you free coffee. 1 sat there for six and a half hours waiting to be called. When 1 walked into the courtroom, the judge opened up the remarks by saying, "J.L., how are you?" And I said, Marvin, fine. He said, "I just want it on the record, for 46 years, Plummer and I went to Miami High School together, but that's not the worst problem." And I said, what was the worst problem? He said, "the case before us is Jenkins versus the City of Miami. Sir, you are dismissed." Of course, City Attorney objected to that, my being dismissed. You know, all -in all, I think it should be some way addressed, where we tied up over a thousand people in one week to sit ,there for ever and ever to serve as a juror. It's just — it's horrible. People are nice. They X 24 May 11, 1999 accommodate you, but.it's unbelievable. 11. DISCUSSION: MIAMI-DADE WATER & SEWER DEPARTMENT USE OF CITY STREETS FOR UNDERGROUND SEWAGE PIPES FOR OTHER MUNICIPALITIES. —IMPACT FEES (See label 9). Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: Look, I don't -- I ask that the Miami Water and Sewer people come and 1 heard your remarks. I respect your remarks, but you certainly, in discussing this from that very, very vignette perspective, that is not the concern that this Commissioner has, nor is it the concerns, I think, that the vast majority of the taxpayers of this City have. And I want to just get back on the record. First of all... Chairman Plummer: Absolutely. Commissioner Teele: ...I don't think the gentleman ever introduced himself properly to us, and that's not your fault. That's the fault in the way the whole process just sort of evolves. So, would you just comeback. Did he introduce himself on the record? Mr. Walter Foeman (City Clerk): No, he didn't. Commissioner Teele: Let's just do a little -- you know, this is a serious issue. I don't think there is any issue in the City of Miami that has more financial impact than Water and Sewer in the way we're doing it, including parking and all of these other things. So, if we could just -- Commissioner Plummer has given his view. I'm going to give you my view after you introduce yourself. And I do want to get to the Virginia Key item because we did say 1 l o'clock. Mr. David ONeal: OK. My name is David O'Neal. I'm the Assistant Director for Finance for the Miami -Dade Water and Sewer Department. Commissioner Teele: Let me inquire. What is. What is the administrative fee that Water and Sewer is charging now? And what is the administrative fee that you all were charging, say, five years ago, six years ago, when I was Chairman of the Commission? Mr. O'Neal: There's an administrative fee that the County charges the department. That's nine and a half percent of our revenues. And was previously seven and a half percent. Commissioner Teele: Well, it was five percent, and then it went to seven. Now it's nine percent. So, nine... Mr. O'Neal: No, it was never... Commissioner Teele: You're charging nine percent now, is that right? Mr. O'Neal: It was never five percent, the time I've been there for the last 10 years. It was seven and a half percent previously and, two years ago, it was raised to nine and a half percent. Commissioner Teele: So, roughly, 10 percent of the Water and Sewer charge is an administrative fee, is that correct? Nine percent? Mr. O'Neal: Again, it's a charge of nine'and a half percent of our revenues, so I guess that would correspond approximately to that. Commissioner Teele: So, it needs to be very clear that nine and a half percent of the cost of doing -- 25 May 11, 1999 running this department is charged as an administrative fee. Now, what is the charge at the airport? What's the administrative charge at the airport? Mr. O'Neal: I don't know. Commissioner Teele: It's four percent. And this number has continued to go up. Now, I'm all right with the nine percent, if the City of Miami is going to benefit or going to participate in that. Are we currently — and the issue is this. Virtually, every piece of sewage in this county comes through.the City of Miami because of the way its routed. Certainly, well more than 50 to 60 percent of the sewage. Is that still the case? Mr. O'Neal: Approximately. Commissioner Teele: About how much of the sewage from Aventura, Kendall, Key Biscayne, all of it comes back through the City of Miami underground, and it's no inconvenience. But, yet, the problem is this. Every street in the City of Miami has been torn up or is being torn up and, yet, we're not getting any of the administrative fees associated with this, nor are we getting the roads repaired. I was on — Martinez, I was over there on 40th Street looking at that church that was in the Miami Herald. The entire street is torn up. Chairman Plummer: Oh, go look at 17th Avenue. Commissioner Teele: Third Avenue, the main drive down — Overtown. The main business corridor. Third Avenue to Overtown is the same as Brickell, as the Brickell is to that area, or as US-1 or Bayfront is to Coconut Grove. You all have had Overtown torn up now for the better part of a year. You've got the side streets torn up, 1 Oth Street. And, yet, the point is this Mr. Kay, when are we going to get smart and do what other cities do and charge an excise or a franchise fee for the use of our streets? I have no objection to the Water and Sewer of Dade County running through the -- under the streets of Miami, and I don't think they're entitled to a charge. But every time they come in and take one of these streets, every time, and tear it up, we are entitled to an administrative charge for that. And I'll tell you this. I came over here as a County Commissioner and through myself on sword of this Commission regarding the... Vice Chairman Gort: Storm.Sewer. Commissioner Teele: ...the Water and Sewer for... Vice Chairman Gort: Storm Sewer charge. Commissioner Teele: No, for Brickell. Because you all didn't want to let them tear up Brickell. And we agreed -- the City agreed -- the County agreed at that time to pay the City a fee for the disruption, but no fees are being paid all over the rest of this City. And, Mr. Attorney, Mr. Manager, Mr. Public through -- to the Public Works Director, Finance Director, Budget Director, I'm asking you all, let's look at what other cities are doing in this kind of situation. The administrative fee that they're charging off the top is about fifty million dollars ($50,000,000). It's well over forty million dollars ($40,000,000). Mr. O'Neal: It's under forty million dollars ($40,000,000). But, again, we... Commissioner Teele: It's forty-two million dollars ($42,000,000) the last time I looked at the number, and maybe I've got it wrong. But it's around forty million dollars ($40,000,000). Can we agree on that? Mr. O'Neal: It's approximately that. But, again, just to clarify that. There are certain services — again, we are not -- we don't have our own personnel department. The County handles that so it's in theory, payment for personnel, for procurement, for various services that the County provides to the department. Commissioner Teele: Sir, I am respectful of that. I support that. The only thing I say, if the FAA (Federal Aviation Administration) won't let the County charge anymore, then four percent, to provide the same services -- and I think we all know, the airport is a -- is as large as any local government in the state of Florida, outside of Dade County, with its budget and with its capital program — three billion dollar x 26 May 11, 1999 ($3,000,000,000) capital program, on and on and on. If the FAA limits you to four percent for an airport. if you're limited to four percent or five percent or whatever the-I.number it is at the seaport. Water and Sewer is of the same kind of activity and the same level of percentages of administrative fee should occur. And the point is this, that five percent is about twenty-five million dollars ($25,000,000), and that's twenty-five million dollars ($25,000,000) that we just chunking onto everybody's bill. I don't have a problem with that, if you're paying for services, such as the services relating to the City of Miami user streets. But I think we have found classic examples -- and, Mr.. Kay, if I'm wrong, correct the record — where the Water and Sewer Department of the County has gone in, cut up our streets without permission, used City property to store -- they paid private land owners -- and there's this mentality that, if it's government, you don't have to pay. I mean — and that's what we've got to deal with, Mr. Manager. There is a mentality -- they would know -- they would dare not go on anybody's private land and confiscate that land and start putting tubes and pipes and equipment on it to do repair. They wouldn't do that. But when it comes to the City, they've done that all over the City. And I want to know, do we have a system or an administrative order or an ordinance that we can work on with Water and Sewer? Because I don't want to be unfair. I want to do this thing in a way they agree with, but... Mr. Donald Warshaw (City Manager): Commissioner, when you brought this up last time, we are working with the Law Department to develop a right-of-way fee based upon discussions we had here previously. Chairman Plummer: Well, I think it's only right that we should ask, number one, how much that fee was in the last calendar year? And, number 2, what — if it's forty million dollars ($40,000,000), where does that money go for and what is the County doing, administratively, for forty million dollars ($40,000,000)? That seems like a preposterous amount of money. And I would ask you, Mr. Manager, to write the County Manager and ask him what is that forty million dollars ($40,000,000) being used for? I think it's very important. Elena. Ms. Elena Carpenter: Yes. Chairman Plummer: Ms. Carpenter. Ms. Elena Carpenter: Elena Carpenter, 3838 Irvington Avenue. Thank you, Commissioner. I have a quick question. When there's a construction project in the City of Miami, there's some serious impact fees that are charged by the Water and Sewer Department. Sometimes -- I know of one example in Coconut Grove, where -- in a location where there had previously been four businesses and two restaurants. One restaurant took it over and the impact fee was to the tune of about seventy thousand dollars ($70,000) with no improvements required on the road at the time. What I'd like to know is, those feels that are charged for people that are trying to do projects in the City, do they come back to the City or do they go to the County? Chairman Plummer: Dena. Ms. Dena Bianchino (Assistant City Manager): Those fees go to the County. However, we are beginning a program where -- going to start looking at where the fees are being charged and we're going to be approaching the County about putting them back into the neighborhoods in which they're charged. Ms. Carpenter: Thank you very much. Commissioner Teele: Well, I'll give you a more recent example. And I want to hear from Chief Martinez. Restaurant — Soyka Restaurant just opened up. They got hit for fees from Water and Sewer in excess of a hundred thousand dollars ($100,000). Now, if the whole inner city has got to pay these fees, the whole concept of eastward whole (phonetic) of Urban infield is a joke. It's a joke. And one of the things the City should do is, the City should pass an ordinance — and ask the County the pass an ordinance that declares the City of Miami as one basic zone, so all of the impact fee dollars that are collected in the City should stay in the City and -- I mean, you know, you can draw zones based upon census tracts or whatever. But the state law requires that you have some kind of zones relating to impact fees, and it's a very good issue. Mr. Manager, I really want to hear from you and Mr. Martinez and Mr. Kay, because 1 think we have a real problem here, and I don't think it has to be confrontational. I think everybody needs to understand that 27 May 11, 1999 everybody knows the number. These forty-eight million dollars ($48,000,000). And, then, over the two or three years, there's been some kind of budget adjustment of about another fifty million dollars . ($50,000,000). And let me tell you. That money is going used, primarily, to subsidize the County's general fund off the backs of the citizens of the City of Miami, and I don't object to that outside of Miami, but when you realize that we not only have the burden of running the entire system or servicing the whole system, it's not fair. And, so, Chief Martinez... Mr. Raul Martinez (Assistant City Manager): You're right, Commissioner. As the Manager says, we are working on coming up with some sort of franchise fees. But beyond that, we have identified close to two hundred, what we call, "Trench Failures," which is where Miami -Dade Water and Sewer doesn't work: they subcontract out the work; they don't do it correctly. On Flagler Street and downtown, between Biscayne Boulevard and 2nd Avenue, there's like four huge potholes that your car disappears as you drive westbound on Flagler Street. We're setting up a meeting with Mr. Grant to identify some of those so-called trench failures. They have fixed a couple of them, but it's not sufficient for us. Starting June I st, we have changed the procedure that we give our permits to the subcontractors, where they will have to post a bond, and if they don't fix it within the specified amount of time — if they don't fix it correctly, not with the temporary asphalt, but fix it with a permanent fixture, we will do it for them from the proceeds from the bond. Thank you. Mr. Warshaw: And it's going to become an aesthetic issue, as well. They just can't patch it up. The fact that they patch it up and it's even, that's not going to be good enough. If the rip up the street in a neighborhood where they had a contiguous piece of concrete, we're not going to accept them just putting a hole. They're going to have to redo a major portion of the street and put it back in the condition it was in before, because our streets are getting beaten up. Vice Chairman Gort: Thank you. That's why I requested that the last time we were here, about the subcontractors. Is there any other questions? Mr. Jim Kay (Director, Public Works): Commissioner, your idea of a special zone in the City is a good one, because the City of Miami, right now, is really built out with its sewer system. Its sanitary sewer system, for example, is 97 percent completed. I think only the. south Grove lacks sewer system and, therefore, anything that is now constructed in the City is really to increase what capacity for the system outside the City limits, because all your main transmission lines run through the City to Virginia Key. And, you're correct, we take all of the sludge from the North District Treatment Plant, through some sludge lines that run through the - City over. to Virginia Key, so we do take a lot of the sewage from other areas, outside even the central district. So, I think that your point is well -taken. That's a good one. Commissioner Teele: Mr. Chairman, Mr. Manager, Mr. Kay, I think there's an opportunity for the City to sit down with the County.and to work this out. The issues that I'm concemed about are either a cap on the administrative fee or the County paying the City a franchise fee for the use of its right-of-ways, which -I think we're entitled to. Absent that, Mr. Attorney, I think you all need to start looking at how we can go into court and roll back the administrative fees to the same administrative fees as they are in the.airport. And 1 think we can get all of the municipalities in this County to agree and join us on this. I don't want this to be the City of Miami litigation. But if the City of Miami cannot get a fee, a franchise fee for the use of its right-of-ways, then I think we need to initiate an action to roll back the administrative fees to the'same level as all of the other concessions are in the County, and that's about four and a half percent. In other words, right now they're charging every user of Water and Sewer double the administrative fee than they would be able to charge under the basic federal guidelines in the FAA, and I think we can prevail on that. But I think that would do violence to Water and Sewer as they have structured themselves. In essence, I think there's an opportunity for us to cooperate -- as we used to say in ranger school — and graduate, or we can go it alone and every man and woman for himself. And I want to be a part of working this out. But I do think the City of Miami is losing a lot of revenue by not charging a franchise fee on one hand. And, then, having our citizens to pay a huge administrative fee, which we have no -- shared none of the dollars in. And I really appreciate the fact that you all came down. Chairman Plummer: Mr. Teele, I'm assuming you're not saying that an administrative fee for the City would 28 May 11, 1999 be up and above the nine and a half? Commissioner Teele: No. Chairman Plummer: Because if it is... Commissioner Teele: No. Chairman Plummer: ...you know what they're going to do. Commissioner Teele: What I'm saying is... Chairman Plummer: They're just going to pass it on to you and I. Commissioner Teele: J.L., what I'm saying is. The reason they -have an administrative fee is to pay for overhead items, such as personnel, purchasing, the kinds of things that they do independently. The same as the airport. And those kinds of things associated with overhead. A franchise fee for the use of our streets, for our mains, et cetera, would be a part of their overhead. Chairman Plummer: OK. I think, if we get a breakdown, Mr. Manager, of just what do we get or what is being done by the County for forty million dollars ($40,000,000) a year, it probably will tell us a lot. Yes, sir. Mr. Manuel Gonzalez-Goenaga: Yes. I'm a resident of the City of Miami. And my bill, water bill, besides all these fees, I am also charged ten fifty every three months. Is that amount fund is managed by the City or by the Dade County — because I have never seen -- I don't know how much that amount of money, if it has been used for the paving contract with Church and Tower. You see, I would like to have a clarification on all of this. Mr. Kay: Commissioners, the ten fifty per quarter, that's three fifty a month, is a storm water collection fee. It's for single family units. It's ten fifty per quarter. That is collected for the City by the County. It's remitted back to the City for use for its storm water utility system, and really doesn't have anything much to do with paving. Chairman Plummer: Is it nine and a half percent on the total bill? Commissioner Teele: Yes. Mr. O'Neal: It's actually nine and a half percent of our revenues. That's how the fee is calculated. Chairman Plummer: Well, what is your revenue? Commissioner Teele: The bills. Mr. O'Neal: Bills, plus there's other miscellaneous fees and charges. Chairman Plummer: I mean, do we pay a franchise fee on taxes? Mr. O'Neal: No. Chairman Plummer: Do we pay franchise fee on the storm sewer for the City of Miami? Mr. O'Neal: No. Chairman Plummer: So, then, it's not incorporated. I have one final question. Why is the sewer bill twice the water bill? 29 May 11, 1999 Mr. O'Neal: Because that's what it costs to treat sewage. Those are the... Chairman Plummer: And you got all your money... Mr. O'Neal: Basically, all of our costs... Chairman Plummer: And you got all of your money by the federal government. Mr. ONeal:. And divide.it by all of the -- excuse me? Chairman Plummer: And when we operate it, the sewage plan of Virginia Key, we never had that problem. Mr. ONeal: Well, there used to be programs that we don't have anymore. Chairman Plummer: Is there a deficiency ? Mr. ONeal: The federal government's not given any grants anymore and... Chairman Plummer: We have the only secondary BOD ninety -percent out into the ocean, and our sewage bill was not double. Mr. O'Neal: Well, again, the regulations have changed quite a bit since that time. We just put in a billion dollars ($1,000,000,000) worth of improvements to the sewer system. Chairman Plummer: Sir, you didn't pay for it. The federal government did. Because that's why we had to give up the sewage plan because, unless it was of a regional nature, they would not come down with federal .funds. And.that was regional one, in the north, in the south, and the Virginia Key plan. Mr. O'Neal: I'm talking about the plan I was doing right.now, sir. Chairman Plummer: You're putting that one mile out, correct? Mr. O'Neal: No. I'm talking about the billion dollars ($1,000,000,000) we're doing right now, not the previous. Commissioner Teele: There is a billion dollar ($1,000,000,000) capital plan and it's bonded, and 'it's basically paid for by the users. Mr. O'Neal: Correct. Commissioner Teele: It's a bonded indebtedness. Chairman Plummer: What about all the money from... Commissioner Teele: Isn't there a one percent deal that was built into something? Wasn't the City supposed to get a one percent -- Jim, what was that -- Mr. Kay: There's a -- supposed to be built in, in our City Charter and the Code -- I'll have to look at that — a one percent excise fee that the City was collecting when it operated the water and sewer facilities when the city owned it. Commissioner Teele: Was that eliminated by the indenture? Would you all look at that with the attorneys and with their lawyers, Water and Sewer lawyers, and get back to us? Mr. Kay: OK. a 30 . . May 11, 1999 Commissioner Teele: Thank you, Mr. Chairman. Chairman Plummer: OK I thank all of you for being here and I hope that we've opened up a dialogue, which would lead to some reduced bills because it's getting ridiculous. OK. Item Number 3. Excuse me. Before I go to Item 3, for the last time this morning, let me announce the following, if you'll look at the board. Certain items have been pulled. Item 7, Item 17A, and Item 29. If you're here for any one of those items, we'll see you at the next meeting. There are time certain: Item 33 will be after 2 p.m., Item 34 will be after 3 p.m. 12. DISCUSSION: PROPOSED RESTORATION OF VIRGINIA KEY BEACH - PRESERVATION OF BLACK HISTORY IN SAID AREA - CREATE CIVIL RIGHTS TASK FORCE. (See labels 6 and 14). Chairman Plummer: We're now on time certain Item 3, Number 3. Item 3 is listed on the agenda as discussion concerning the Dan Paul Amendment at Virginia Key. Mr. Manager, who put this on the agenda? Commissioner Teele: I did. Chairman Plummer: Mr. Teele. All right. Mr. Teele, you have the floor. Commissioner Teele: Mr. Chairman, we have a very distinguished group of concerned people and I'd like for them to have the time. The issue is very simple. I will be proposing today, as a pocket item, some direction, legislative direction, to the staff on this item, depending on the outcome of this. The concern that I have is that the staff apparently is working on a development plan for Virginia Key. I would like to ensure that the structure of the development, if any, is consistent with what this community wants With that, 1 would yield to Mrs. Athalie Range, a former Commissioner, and those other persons that have come together. Really, I guess, Ms. Range will put it in her own words. But, really, sort of -- as concerned citizens, not as an organization or a structure or a group. And I was just delighted that so many people have been calling and coming forward. It's very multi cultural, multi generational, and it really reflects, I think, the maturing of this City. Mrs. Range. Commissioner Range. Ms. Athalie Range: Thank you very much. My name Athalie Range and I reside here in the City of Miami, 5727 Northwest 17th Avenue, Miami, Florida. Good morning to all of you. I have come, as Commissioner Teele has told you, to make a statement regarding the Virginia Key situation. It came to my attention, just a few weeks ago I might say, that there is in the works a plan to do some development on the Virginia Key area and, of course, that brought to my attention and the attention of many others, that we were not involved at all. Taking into consideration that, at one point, in our lives as blacks here in the City of Miami, Virginia Key Beach was the only beach we had for recreation. And, of course, we all know the history of it, that this was a place that blacks went for recreation, for picnics, for church affairs, and everything else that one could consider would be beach entertainment. Nevertheless, for many reasons — diverse reasons, the beach was eventually closed and has been in that circumstance for the past 17 years. It was only very recently that it came to our attention, that consideration is now being given for development on Virginia Key Beach, taking in the very portion that we had as a recreational point. I think my feelings and the feelings of many who are here this morning, is that we want to be involved. We do not want to see that beach go for a development. We understand that there are certain deeds that were passed on from the County to the City. That the beach be used for park and public purposes. And this is all we would want to see there. It's not a racial situation at all. It's a beach where we feel we can develop in the manner that would be for the good of the general public. We have information that there may be housing placed there that could cost from seventy to a hundred fifty dollars ($150) per night, with the Echo Development, and we have many letters to that effect. We know that, if the beach is developed in such a manner, that there would be housing there from seventy to a hundred fifty dollars ($150) a night, then we know, immediately, that this cutting out the vast majority of the community for which the beach was first intended. We do not wish to see this happen. We have a feeling that, in the City of Miami, Virginia Key Beach could very well be a great asset to the City of Miami. We feel that it should be redeveloped, reopened, and given over to the public and not to private enterprise, I 31 May 11, 1999 that would deny a portion of the public visitation there. I would like to answer some questions. I'd hoped not to be called on first, but I appreciate your having called me first in order that we could get the item opened. I've been told that there might be some planning, and I want to say here and now. before we get into a deeper discussion, that the Black Archives is a very fine organization. I'm proud to be a member of it, even though I can't attend as often as I'd want to, but the Black Archives is a fine organization. And 1 want to have you know that we will not have a separation of ideas between the Black Archives and the citizens of this community. I want to have you know that, in the final analysis, I feel that we will be working for the same ultimate goal. And I'd like to answer any questions that you might have at this time. Commissioner Teele: Mrs. Range, it may be good if Gregg, and the other persons that are here, would just come up and give their presentations because time is short, and I know that a lot of people have some thoughts that they want to get on the record. Ms. Range: Very good. Chairman Plummer: And let's also state, for the record, that nothing has come before this Commission at this particular time. Everything has been in a special committee, in the Waterfront Board and others. We, the Commission, have not been presented with anything at this particular time, except this document, which we received yesterday; giving us a basic time frame of the meetings that have taken place. Ms. Range: Yes. Chairman Plummer: But no action has come before this Commission at this particular time. So, I just want you to know that. Ms. Range: No. I would just like to say, Mr. Plummer, that we feel somewhat left out when the Waterfront Board was comprised, the Advisory Board, and Virginia Key was a part of that, that no blacks were on that board. No blacks are on that board, to my understanding, up to this point. And we feel that, as citizens of this community, that we have a right, especially in the manner of this kind, when the City of Miami and the County of Dade condescended to give blacks Virginia Key Beach because there was no other beach for us. I feel that anything pertaining to Virginia Key Beach should certainly come to the attention of the black citizenry of this community. Chairman Plummer: Ms. Range, you were probably not here, so let me read to you, if I may, from the document that was presented. Ms. Range: By all means. Chairman Plummer: Their meeting of April of this year, last month. "Members of the City's Administration met with the Black Archives to work on a plan to commemorate African American experience at Virginia Key." So, that is a part and parcel of their document. Commissioner Teele: J.L., the issue, though -- and 1 don't want to speak for Mrs. Range, but the reason that I want this -- because, see, I've not been here that long, but I've seen a real trend. When development things start to happen, too many decisions have been made when they come to the Commission. I'm not going to get caught like that. I want this Commission to head off any development in Virginia Key, either today or in the very near future. ' We need to take that off the table. We've got a very small staff, a very competent staff, but they need to spend their time on Watson Island, and some of the things that we all can agree on. And my goal is to, basically, let this Commission know that there are people out there -- I didn't organize any of these meetings. These people have all come together out of a sincere statement. But the one thing that has come clear to me is that they don't want development on Virginia Key at this time, and- any development needs to have a civil rights theme, and Echo Tourism and Hotels and all of that need to get off the table, as far as what the sentiments of the meetings that I've had with any number of people. So, I just want my colleagues and the Commission to hear what I'm hearing, that the development of Virginia Key Beach, at this time, is something that the community does not want to engage in. And I want to support the Manager and the staff and those precious resources that we have to redirect any development away from this. 32 May 11, 1999 Because, J.L., I've seen it. Once this thing starts, you know, these things become runaway trains and, so. I don't want a train to get running away on Virginia Key. Mr. Tinnie. I know you've been waiting to be heard and I know that a number of people... Chairman Plummer: Mr. Gort would like to be heard. Mr. Gort. Vice Chairman Gort: What you're addressing is Virginia Beach, not the Key as a whole? Commissioner Teele: Virginia Beach. Vice Chairman Gort: OK. Commissioner Teele: The old colored beach. Vice Chairman Gort: Right, right. OK, OK. Commissioner Teele: The beach that was built... Vice Chairman Gort: All right. Right, right Ms. Range: That's 77 acres. That's all we're asking for. We're not asking for the many, many acres that you have there. We were given 77 acres way, way back, when the beach was opened, and we're not really, really concerned with the development, other than that. We would like that to go for a beach. And, of course, others in this group will tell you of the many things we'd like to see there. The restoration of the beach — so, let's say it that way — the restoration of the beach, with some additional amenities. Chairman Plummer: All right. Commissioner Regalado: Mr. Chairman? Chairman Plummer: Mr. Regalado. Commissioner Regalado: Mr. Chairman, I have to be excused in a few minutes. I have to do the program at noon. But I just want to -- first of all, I'm .very proud that I introduced a motion to create the ad hoc Committee. I think that Ms. Range is right, that we should make this committee a more — that would mirror the City of Miami. The reason that this committee was small, Ms. Range, was that, it was a lot of technical people, people with knowledge of the area. But I do want to say one thing. I, like any other resident in the City of Miami, would like to see the Marine Stadium developed, another facility. I would like to see other areas in the Virginia Key area developed. But I will -- want to be on record here that, if any vote comes up, either today, tomorrow, next week, I think that .Virginia Key Beach should be a public beach. 1 think that Virginia Key is a beautiful beach. I would like, though, to say that the Parks Department has done an extraordinary work there in the past year. Some members of the staff have cleared the area. Have done — I've gone there several times to watch them work, and 1 will tell you that this is a beach that we all enjoy in the past. I did as a young man. And that we need this beach for the public to be used. And 1 will tell you something, Ms. Range, I think -- I read your plan- and your ideas, and I think that there is money in the federal government, the state government, to do several things in terms of the Black Archives, and to remember the fact that this beach was for the Afro American community. And I would ask you to mirror, also the City of Miami, if we could -- and that -- if we ever do that and I hope we do that museum — if we maybe can have part of that museum to showcase the rafts that came from Cuba and from Haiti. Because this is what our community is all about. It's a community of many people. As of now, we have, in the Orange Bowl warehouse, rafts where people were killed. People died to come to this country in search of freedom, from Haiti and from Cuba. And I would ask you to consider the possibility that, if we ever do that, and I hope we will, you have my vote, that we could accommodate these memories also because there are also reason, but part of the memories of our community. So, Mr. Chairman, members of the Commission and Ms. Range, I will be leaving in a few minutes. I have to go to work, but I'll -- you have my full support. Virginia Key Beach should be a public beach and should remember the years that was used by the Afro 33 May 11, 1999 American community. Ms. Range: We certainly thank you for that, Commissioner Regalado. And I certainly do not want to monopolize all of the time. I will just say this and, then, I will give the mike to others who would like to speak. What we would really like to see is that, we don't like to use the word moratorium, but we would like to see no further planning by private developers, until such time as we have come to a full conclusion of what is to be done with Virginia Key Beach. We are speaking... Chairman Plummer: That I have no problem with. Ms. Range: We are speaking of Item 2. You have it divided in several items -- on several localities. Item 2 is what we are concerned -about, the 77 acres that were Virginia Key. Once we got away from Bear cut, Virginia Key was that. And we would certainly employ you gentlemen to vote today so that we will know where we stand. And, of course, your remarks, Commissioner Regalado, has certainly given us hope that this can be done. We've heard from Commissioner Teele, who has also voiced his opinion on this. And we hope that we can put this to sleep, until such time as we know where we're actually going. You know, we came — once we got here, that all of this was going on, several citizens just got together and came. And one of your committees — that might have been the Waterfront Board Committee — was apparently so impressed that they said to us, that we could possibly open the beach, to some extent, by July 4th as a symbol of your good wishes and your intent to do something about that. 1 don't know whether that is possible. I'm sure other members of this citizens committee will speak to that point. And it would certainly be a feeling of sincerity if such a thing could be done. I'm going to turn the mike over now to whoever else wishes to speak to this issue. Chairman Plummer: OK. Can I ask, if it's possible, the remaining speakers, can you hold to two minutes? Thank you. Ms. Barbara Lange: My name is Barbara Lange. My address is 3495 Main Highway in Coconut Grove. I'm the conservation chair for the Sierra Club, Miami Group. And we ask — we've put together a — we sent a letter out to you yesterday. It was hand -delivered. It's a revised... of the Dan Paul Amendment for — that passed in Dade County. We're asking that you put this on the ballot and if you don't have it, I have copies of it and 1 would like to give a copy to this City Attorney to review. Chairman Plummer: Thank you. For the record, you name and mailing address, please. Mr. Gene Tinnie: Yes. Good morning. My name is Gene Tinnie. I live at 74 Northwest 51 st Street, in the City of Miami. I'm grateful for the opportunity to be here, even if it is just for two minutes. I hardly know where to begin. One day I'll learn how to be as eloquent as Mrs. Range. She's my mentor in these things. Like many of us in this room, I'm, I guess, a relative newcomer. I'm a 25-year resident of Miami. I was not here during the days when Virginia Beach, Virginia Key Beach was this historic beach that was reserved for African American citizens, but I have been completely fascinated by maybe three things. One is this kind of informal oral history that's come forward. Everybody I talk to, who is old enough to have any kind of memory of Virginia Key, has fascinating, wonderful, and usually pleasant memories, in spite of the indignity of the restriction that was imposed, that forced people to go there. I think I've been equally impressed by the number of people outside of the African American community who have just taken such serious interest in this and have done just enough work to - I think we've got two or three doctoral thesis that can come out of what people have done. It all speaks to a real level of concern. And, in this regard, I don't want to leave out the City of Miami staff either for all of the good work they've done. I think what we really need to consider here is that very few of us, precious few of us, as we consider this and talk about our intentions to how this land should be used, we're part of the struggle that made that a public park at all. The only reason that there's that parcel of 77 acres that was set aside as a County park is because some people, very courageously, established -- demonstrated, protested, and got that out of the City. That is a legacy that's been passed down to us as our inheritance. It's our responsibility to pass it on to future generations. Are we to say that, as future generations get here, as the population gets larger, that we'll make the land base smaller by reducing that? Rather, I think we should, as Ms. Range said, reconsider — consider that — given the deed restriction that says that that entire parcel is supposed to be reserved for public park use only, let's 34 May 11, 1999 reconsider.not even looking at private development schemes that are going to be exclusive, which will be a pretty bitter irony for a parcel of land that is. symbolic of the civil rights struggle and the whole matter of exclusion anyway, and let's look at how we can use a portion of that: We don't need the whole portion, of course. We don't want to lose the primary function of the land, which is a park, but to memorialize the African American contributions through the local history. Mr. Regalado, I think, we'll give you a copy of the basic outline. And the very point that you made is something that we considered as part of a history walk, that those freedom struggles that came after the Civil Rights struggle need to be included and memorialized as well. We'd like to maximize citizen involvement in the decision making, as we go forward, and I think that will ensure that that happens. I think my time is probably up. Thank you very much. Chairman Plummer: Thank you, sir. And before we go any further, the prerogative of the Chair, there will be no further items beyond Item 8 taken up, until after ,lunch. That will — I'm sure this will take us to lunch time. Commissioner Sanchez asked for an item for 2 o'clock. It will be "mas o' menos, tiempo latino." So, anyone here beyond Item 8 or beyond, we'll see you after, more or less, 2 o'clock. Ms. Pinkney. Ms. Enid Pinkney: Thank you. My- name is Enid Pinkney and I'm President of Dade Heritage Trust, 190 Southeast 12th Terrace. I'm here to say that Dade Heritage Trust is interested in the preservation of Virginia Key, and that we would also like to be included in participating in whatever decision is made, as far as Virginia Beach -- Virginia Key Beach is concerned. It just happens that I'm president, but I remember Virginia Key Beach. My father used to baptize people there as pastor of a church. That's where he would take them to be baptized. And, so, it has a lot of history. Commissioner Regalado talked about some of the things that could be a part of the park or whatever we want to call it whenever we come up with a name. And, Commissioner Regalado, I want you to know that I've just come back from Birmingham, Alabama with -- and I went through the civil — the museum there, where they have the bus that was actually bombed and Anniston, Alabama, the Civil Rights workers. That bus is in that museum. So, Iwhat you're talking about, examples of that has already taken place in other places. So, we need to think in terms of our own history and what we need to do, but I think that it would be very good, Commissioners, if you would include -- have all the citizens, not just one group of the citizens, but all citizens should be allowed to participate in the decision of whatever is going to happen. And I appreciate this time. Chairman Plummer: Thank you, ma'am. Ms. Pinkney: Thank you. Chairman Plummer: Mr. Brennan. Mr. John Brennan: For the record, my name is John A. Brennan, and I am Chairman of the City of Miami Waterfront Advisory Board. We have met. So that there's no confusion -- Mrs. Range did a nice job and, possibly, the ad hoc committee did not have a very large following. This room was filled to overflowing. The aisles were filled on the meetings that we've had on this particular issue. To the best of my knowledge, we let everyone talk. Anybody have any problem with that? Everyone got an opportunity to say his piece and so forth. We did pass motions and I'm — this is all I'm going to do, I'm going to read the motions that we've passed. Each Commissioner should have had copies of that. I've got them in the mail, so you should have received a copy of them. The first motion was to approve the increase in the budget to reopen Virginia Key. Unanimous. The second motion was to move forth with the reopening of areas 5 and 2. That's the whole area along the waterfront, the only beach that the City actually has. Utilizing three hundred and ten thousand dollars ($310,000) allocated. Voting: Unanimous. Mr. Wellington recommended that the project be named Athalie Range Civil Rights Park. Mrs. Range, gracefully, turned it down. Couple more motions, if I may, Mr. Commissioner? - Commissioner Teele: This was called really to discuss, from the community's point of view, their input. And, 1 mean, the Waterfront Board has a forum, so I don't think it's fair for the Waterfront Board -- you have the right to come before us at any time. Mr. -- Steve -- Mr. Jonathan Ullman, who's right behind you, has been waiting to make a very brief presentation. But I put this item on the agenda, not to get into a debate about what has happened, but to hear really from what the citizens and -- if you could just let Mr. Ullman come forth, because we're going to run out of time. And I would be happy to put on the agenda the 35 May 11, 1999 Waterfront Board's recommendation. Mr. Brennan: As soon as we finish, we have a great deal more to discuss about the whole Key, because we were given a package, the whole key. And we've taken these up. The last motion, if 1 may? The consensus of building -- no. No RFP's (Request for Proposals) would be promoted until this whole situation was over. Commissioner Teele: Right. And, Mr. Chairman, we have a real treat, a real resource in Jonathan Ullam, who's really a national person, who's relocated in Miami. His office is in Coconut Grove, you might be interested in knowing. He's been very involved with these issues nationally, and if you could just give him a minute -- because I think the public will really be informed. We probably perhaps would have started with Jonathan first, but he understands the protocol of a former City Commissioner. Jonathan. Chairman Plummer: So be it. Sir, you have the floor. Mr. Jonathan Ullman: Thank you very much, Commissioner Teele. My name is Jonathan Ullman. I am representative of National Sierra Club. Our offices are at 2937 Southwest 27th Avenue in Coconut Grove. 1 represent the largest and oldest grassroots environmental organization in the United States, and the reason 1 was -- I became involved in this issue is, as my role, to help out the local groups in conservation issues. I was alerted to the fact that there appeared to be some sort of raid on public park land. RFP's going out for a private development. That concerned us tremendously because, as you know, private development, especially for a tourist facility, such as that which was being recommended by the ad hoc committee, is something that should really take place on private land, not on public park land that was deeded to the City. As a result, I'd like to present to you some of the articles that have been written about this. It caused quite a bit of concern in the media as well, as evidenced by the New York Times putting it on their front page. I'm sorry. On page 19, last March 28th. The concern was, this is very unprecedented. We've never seen anything like this. It's a very rare occurrence. So, we were — we went to the meetings and we found that, yes, they were planning on putting out RFP's in Area 2 and this was in violation of the deed restriction that was given to the City by the County in 1982, when they asked that this land be given for public park purposes only. And if it is not, then this land should be reverted back to the County. We are asking you today, as with Ms. Range, to vote today on a moratorium on RFP's. We would like this taken off the table. Chairman Plummer: All right. Mr. Ullman: It's inappropriate. We also have a slide show, which I'd like -- there's a woman — another woman from Miami -- who's a Sierra Club member, who would like to donate one minute of her time for this. Chairman Plummer: Well -- excuse me. Let me, again, make it extremely clear. There's no RFP going out. Anything that the committee, that has previously dealt with this matter, it will be recommending to this Commission. Nothing, again, nothing has come before this Commission at this time. Mr. Ullman: It is true that it has not come before the Commission. However, the staff has been working on putting out RFPs. Chairman Plummer: Doesn't mean anything, sir. Until this Commission approves it, that's where it will be, the final. Ms. Dena Bianchino (Assistant City Manager): If I could please clarify. We are not working on any RFPs for these sites. We have been meeting, at the request of the City Commission, with an ad hoc advisory committee. We have no plans for an RFP for that site. As Mr. Plummer has said, we have not come to the Commission and asked for the authority to do so, and we do not plan to do so for this site. Mr. Ullman: I have information that, respectfully, disputes that and I have it in writing. Chairman Plummer: Well, would you tell us where you got your information from, so we can go back and correct it? 36 May 11, 1999 Commissioner Teele: Is it in writing and can you make it available to the Commission? Mr. Ullman: If it is requested, yes. Chairman Plummer: It's requested. Mr. Ullman: OK. I have it here. Chairman Plummer: Thank you. Mr. Ullman: Would you like... Chairman Plummer: Dena, if you'll... Commissioner Teele: Mr. Chairman, I think, if we could just bring this to a close. If we could just get the slide presentation. Chairman Plummer: OK., All right. Commissioner Teele: It's only about a minute. Ms. Mary Hill: Could I say something? I was standing here. Chairman Plummer: Well, you're not going to deny the Black Archives... Ms. Hill: I was standing here. Chairman Plummer: I'm not. Commissioner Teele: Well, I... Chairman Plummer: Excuse me. Commissioner Teele: Commissioner Plummer? Chairman Plummer: Yes, sir. Ms. Hill: I do have some very important information concerning RFPs. Commissioner Teele: Commissioner Plummer? Chairman Plummer: Mrs. Hill, we have already given you the opportunity earlier. If we have time... Ms. Hill: I have two chances, sir. You put me on before 11. Mine was on the agenda... Chairman Plummer: Excuse me, ma'am. You're out of order. Ms. Hill: ...for I 1 o'clock. Chairman Plummer: You are out of order. Commissioner Teele: Commissioner Plummer? Chairman Plummer: Now, if you will proceed with your slide show -- is that yours? Who's the slide show? That is requested by Commissioner Teele and, at this time... 37 May 11, 1999 Commissioner Teele: Commissioner Plummer, I have no intent of cutting off the Manager and the Department, the Black Archives, and the other people that — the Waterfront Board and anybody else that the Black — that the Management would like to hear from, but I just want you to know, I put this on the agenda for the purpose of getting some public input of the community organizations that have been meeting. Now, the fact that the Black Archives have been working with the management, I think is a very positive sign. But I — what I wanted to do is, I don't want to get into this old Willie Lynch kind of thing that we keep getting into in this City. I don't want to pay anybody off against anybody. This group has been legitimately meeting. They've been meeting independently of me, my office, of the Black Archives, of everybody, and what I wanted to do — I said I would get them on today. Now, if the management wants to be heard, if the Black Archives or Ms. Mary... Ms. Hill: I was on the agenda, sir. Commissioner Teele: ...wants to be heard, that's fine. But I just want to hear from the part that we've put on the agenda to be heard. Could would we get the slide presentation, please, ma'am? Ms. Hill: Thank you for the deriding again. Commissioner Teele: No. No, no. Ms. Hill: You will answer to that for the federal funds that you are talking about. Chairman Plummer: Ma'am, you're out of order. Thank you. Would somebody kill the lights so we can see? Is this your slide show? Thank God. Will somebody turn out the lights so we could see the slide show? Hello? Does anybody know where the light switches are? Thank you. Ms. Pinkney, while we're waiting for the lights, you've done a tremendous job in the old City cemetery, and you're to be commended for what you and your people have been doing in cleaning ... (applause) Commissioner Teele: Here, here. Chairman Plummer: Mr. Teele, they go down there, not only clean, they plant, they -dig up, they dig around, they do things that are incredible, and you're to be commended for it. Commissioner Teele: Here, here. Chairman Plummer: The slide show, even though we've got -- well, of course, they want to do this on TV (television). Ms. Amber Goldstein: Hi. I'm Amber Goldstein, 3421 Poinciana Avenue. I'm also with the Sierra Club, and I donated my time for the slide show. Mr. Ullman: Can Mr. Tinnie give the narration because he knows it best? Chairman Plummer: All right. Mr. Tinnie. Mr. Tinnie: OK. Thank you. Chairman Plummer: You can take the hand mike, if you want. There should be a hand mike underneath the desk there. Mr. Tinnie: This is flexible. This is what we like to... Chairman Plummer: If you were about a foot shorter, we wouldn't have a problem. Mr. Tinnie: I know. But this is the kind of flexibility we appreciate in the City government. 38 May 11, 1999 Chairman Plummer: You now have the hand mike. Mr. Tinnie: You can accommodate everybody. Chairman Plummer: All right. Mr. Tinnie: OK. Yeah, this is a little more — I like show biz. These are some slides from Virginia Key as it stands today. This one is from the inside of what was once called "The Pavilion," more familiarly known as the "Refreshment Stand." And what we'd like to point out here is just the condition of the building. These structures are pretty sound, and what we're looking at is the fact that these can be restored and reinterpreted as components of an outdoor museum or memorial. I don't want to say memorial park because that has the wrong connotations, but a commemorative park. This is a portion of the key as it stands. Another view of that refreshment stand structure. Two prominent citizens, Robert Parente of the Waterfront Board, and Mr. Garth Reeves, who almost was here today. As you know, Publisher/Emeritus of "The Miami Times." Highly distinguished citizen there surrounded by some of the folks. This, as a point of information — Mrs. Range on video tape. This was part of an informal history -gathering session that was conducted on April 3rd. Another one — and about 80 people showed up. There was a follow-up one, with about -- almost as many people, with even less publicity. And what this speaks to, actually, is -- shall I say, the relative ease with which public input can be had. This was our concern. We do have this -- some of these interviews on video tape, which we'll make available to the Commission. This is part of a nature tour, and Ms. Mable Miller was very helpful and informative in pointing out some of the national environment. The building here is the merry-go-round building or carousel building. The carousel that once was there, the basic frame of it is still intact. This is a building that's also, architecturally, quite interesting. As you can see, there are some Art Deco features, and this could be reinterpreted also as part of the museum. Here is some of the natural plant life. I'm looking across Bear Cut. Also here. The palm trees, a lot of the native species, are indicative, I should say, of what made this park the kind of paradise that many people say that it was back in the days, and it really does invite the possibility of recreating that kind of an environment. This is on the north beach, isn't it? Commonly known as the Wind Surfer Beach. This is the parcel adjacent to the old County park site. And these — actually, what they do — a picture is worth a thousand words. We're here talking about Virginia Key so, at least, here we get a chance to see some of what we are talking about. I think this is also on the north beach. Chairman Plummer: What can be done. — Mr. Tinnie: OK. That's looking over the — across the parking lot. This is part of the 77 acre site. That is the back of the pavilion building. This is one of the sheltered cookout pits, barbecue pits that were built. This speaks to a side of the Civil Rights issue too, that, I think, really does deserve notice. And I don't want to be overlong about it, but it's worthy of pointing out. You know, when we talk about commemorating the Civil Rights -- and Ms. Pinkney was talking about this wonderful museum they have in Birmingham -- there's also one in Memphis -- here in Miami, it's note worthy that we do not have the kind of violence and terrible confrontations that took place elsewhere. And, in fact, some of these designs really do speak to — sort of enlightened approach that people -- even though this was a separate park, many of these structures are quite equal and similar to those that were constructed at Crandon Park, and I think that's worthy of being pointed out as well. Mr. Ullman: A tree coming out of a bench. Mr. Tinnie: Oh, OK. Commissioner Teele: A tree coming out... Mr. Tinnie: A tree coming out of a bench. OK. And I imagine that that says something about the fact of - how long the park has not been used and has been closed, as this sign points out. This is a picture of a blind group — a blind club back in the mid 50's that came out to Virginia Key Beach. Here's a group of young people. This was the — some of these folk haven't been identified. I'm sure, over time, we'll find out who 39 May 11, 1999 some of them were. But Virginia Key actually provided some opportunities for people to begin their careers, life-long careers, in some cases, with the Park and Recreation Department. Life guards. I think this lady is named Ms. Demeritus (phonetic). Unidentified Speaker: Demeritus, right. Mr. Tinnie: Right. Unidentified Speaker: Coconut Grove. Mr. Tinnie: .OK. One of the park workers. This is a document that a lady brought to one of history gathering sessions that we had. It was a manifest — a shipping manifest for a boat that was owned by her father. A boat -called the Noman, which he also used to transport people from the mainland to Virginia Key before the causeway was built. This is Crandon Park today, right. Unidentified Speaker: Crandon Park Carousel. Mr. Tinnie: Right. The Crandon Park Carousel has been thoroughly restored. The one in Virginia Key is only slightly smaller, very similar in design. And, of course, as we were talking, the planning process_ is just in the beginning. Some have talked about the possibility of restoring the carousel or possibly reinterpreting the building for other purposes. Mr. Tinnie: That's the show. Thank you, Jonathan. Thank you again for your kind attention. Vice Chairman Gort: Thank you. Mr. Tinnie: And for the hand mike. Chairman Plummer: OK. We really have about two more minutes before our lunch break, but with the permission of my colleagues, we'll not live up to the law today. We'll give a few more minutes. Yes, ma'am. For the record, your name. Ms. Claudia Hall Peterson: Thank you for giving me an opportunity to speak. My name is Claudia Gustal Hall Petersen. My address is 139 Northeast 15th Street, in Homestead, Florida. I am a native of Coconut Grove, Carol Gables area, and I do not represent any particular organization, but myself and my family. I was born in Coral Gables on 27th Street and Douglas Road, in a town called Sweetening Town, that has lost its identity. They did the historical area for Coral Gables and that area was never included. I am a decent from the Bahamas/Jamaican islands. My family were some of settlers in Coral Gables and Coconut Grove. That history has gone and been lost. I was originally one of the groups of families that were .on Virginia Key Beach, when it had its beginnings, and.it was the only place we were allowed to go. I did not realize, until, in the late 80's, why I was not allowed to participate or be around the area from the Rickenbacker Causeway. My father hid that hurt from me, not realizing that it was all racial, that we were not allowed to be in the Rickenbacker Causeway area. Many people that represent what Virginia Key Beach is all about are not here to speak. And when 1 saw the article in the paper, it touched my heart, and 1 came here. And I'm happy to know that Mr. Teele was here to verbalize the fact that he know Mr. Lynch, William Lynch. And those that do not know who he is, take the time out and find out what it's about, because a lot of time has enabled.the black community to come forward and verbalize their concerns. I'm deeply touched that Mrs. Range have taken the initiative to go forward with this. And I've known her since I was a little girl, and I've always had the dream, when I grow up, I want to be like she is because her ability to speak and relate what she feels and want other people to feel is really to be commended. I'm a very emotional person. (applause) When .it comes to family, I get very emotional, because my father could not take us where he wanted us to go. And our family sat in the middle of Coral Gables, which is a predominantly white neighborhood, and he raised us to be moral people, .respectable, with high character. And I would like for those people in the past, that have gone before us, that stood for those things, to be remembered. People like Theodore Gibson, which was my mentor. He made me who I am, in a sense of speaking, because I would never dream of standing in front of people voicing what I had to say. And, as my pastor, he would always say "Stand up. Speak from your heart. And those that don't understand, they have the problem." 40 May 11, 1999 Chairman Plummer: What part of the Bahamas are you from? Ms. Peterson: Eluthra. Chairman Plummer: Mine is Green Turtle. Ms. Peterson: Nice to meet you. Chairman Plummer: And the final speaker to close on the issue today is? Mr. Greg Bush: My name is Greg Bush and I live at 6261 Coral Lake Drive, and I'm Director of the Institute for Public History, University of Miami, and I'm President of the Urban Environment League. And I just want to put two numbers before you at this point. Seventeen years a public beach has been closed to the public. And seven thousand feet of beach front that, through a lot of this time — and, obviously, there are .different parcels has been closed to the public. And without casting any blame to any forces, in particular, at this point, I think there's a major message in those two numbers and, that is, that the City should take the responsibility to reopen that beach by July 4th of this year. It's a major symbol that, I think, could really ignite a real positive sense of what this City can do and be. Public parks have been woefully underfunded in this City for years, for all sorts of reasons that we don't need to argue about at this point. But I think now, with the changing economic situation of the City, with the changing attitudes of a lot of people, I think public parks and, specifically, starting with Virginia Key, should undergo a real major transformation. I think Miami can look at its parks and really see a new day for itself, where all its citizens can come together in its public parks, through a lot of creativity, with the help of the City staff, writing grants to public agencies, et cetera, instead of always simply looking at private developers. So, I would simply urge you to vote, if possible, today to try to reopen that beach by July 4th, to establish a Civil Rights Parks Task Force, that would be engaged in examining this issue within a limited time frame, perhaps four months, ending up with a charette that would redesign that space with due deference to the desires of the African American community. And that, I think, if we do those and have the moratorium on private development, this City Commission and the City of Miami can be extremely proud of itself. Chairman Plummer: Thank you, Mr. Bush.,,, I'll close the public hearing at this time. (applause) Wait a minute. Wait a minute. Commissioner Teele: Mr. Chairman, Mrs. — Dr. Dorothy Field, I think, whose name has been mentioned several times from the staff, would like to be heard. Chairman Plummer: OK. But this is the last speaker. Ms. Dorothy Fields: Thank you. Good afternoon. I'm Dorothy Jenkins Fields, Historian and Founder of the Black Archives History and Research Foundation of South Florida, Inc., located at 5400 Northwest 27th Avenue, at the Joseph Caleb Center. Mr. Chairman and other members of the Commission, if I may, I have a prepared statement to read into the record. After which, I will answer questions, if there are any. May I? Chairman Plummer: Surely. Ms. Fields: Thank you. Let me start off with a correction, Mr. Plummer. In deference to what you read from the sheet from staff, the Black Archives, at this time, is not planning anything with staff, but simply was asked and consulted by staff to give an opinion about the issues. And, in my statement, I will explain why, at the time we were asked, we did not give an opinion and, at this point, cannot give an opinion, and would like some time to gather the data. I'm here representing the Board of Directors of the Black Archives Foundation. Mrs. Carmetta Cash Russell is the Chair of the Board. And with me today is a founding member of our Board of Directors, a Trustee and pioneer, Mrs. Leome Scavella Culmer. She is a member of the committee, from the board, participating in the discussions on Virginia Key Beach and, at this point, there's just been discussions. Other directors on the committee include Dr. Walter Anders, Mrs. Eugenia Thomas, Mrs. Juanita Johnson, and Mr. Nathaniel Belcher. Our board was asked by the City Manager's N 41 May 11, 1999 Office to assist in the development of an RFP for Virginia Key Beach. After spirited discussions... Commissioner Teele: Hold it, hold it, hold it. Chairman Plummer: Wait, wait, wait. whoa, whoa. Repeat that. Ms. Fields: Our board was asked by the City Manager's Office to assist in the development of a request for proposals. Chairman Plummer: Stop. Dena. Ms. Bianchino: I did meet with the Black Archives. We could have talked about the development of an RFP. Obviously, it would have never gone anywhere without coming to you first. What I really wanted to do was talk to Dorothy and her people about how we could commemorate, do the commemorative aspects of the beach. Chairman Plummer: OK. Ms. Fields: After spirited discussions at our April and May 1999 Directors meeting, the board agreed to assist and requested copies of related documents for review. Prior to that time, I was contacted by Greg Bush, President of the Urban and Environmental League — and I might say, my mentor in public history. It's interesting now that we are going at each other. And even earlier, I was contacted, informally, by several members of the Commission's Advisory Committee, but it was always informal. And the question was always, "Do you want to save Virginia Key Beach?" Not park, but beach. And the answer was always a firm, yes. Beyond that, issues are not clear at this time. By experience and credentials — and the question has come up, why would the Archives be called, perhaps, instead of Dade Heritage Trust or some other organization? By experience and credentials, for more than 20 years, my background and my organization has been in the preservation of documents and the built environment. I hold a Ph.D. in 20th Century African American and Public History, with specializations in Historic Preservation, Women's History, Community History, and Curriculum Development and Instruction. In addition, I am a member of the Academy of Certified Archivists, a founding member and former Chair of the Miami -Dade Historic Preservation Board, on which I've served for 18 years. And I've served as an advisor to the National Trust for Historic Preservation from 1982 to 1985. The Black Archives Foundation operates a manuscript and photographic repository. We have acquired and we are restoring and rehabilitating properties in Overtown, including the Lyric Theater. We've provided historical data and technical assistance in the development of Ninth Street Pedestrian Mall, and worked very closely with Commissioner Teele with that. And, currently, we're providing data and assistance to the CRA (Community Redevelopment Agency) in surveying and documenting the 3rd Avenue Business Corridor. The Archives is also working with Father Leroy Lloyd and the Overtown Advisory Board in helping with this documentation for the 3rd Avenue Historic Business Corridor, which is a very important part of our history. And this is under the leadership of Commissioner Art Teele. Now, issues pertaining to the preservation of the physical environment have come to the Black Archives Foundation recently. I've given you some background as to what we do with manuscripts and photographs and the built environment. So, this whole idea of the physical environment is rather new to us: In order to be able to assist the City, in any way, and to have an opinion, the Black Archives needs time to work with other, groups, to study the issues, to review the documents, to listen and record the oral history and video history collection, and to discuss the options. It is because of lack of definitive information that we have chosen not to be a part of the public debate. You'll notice that, at most of the meetings that have been held, there really has never been an official representative of the Black Archives Foundation, because we had not had enough information to do anything. In an unrelated occurrence, I have been selected by the National Parks and Conservation Association to participate in a training session in Washington, DC. This will provide me the opportunity to discuss the issues on a national level, and to find out about funding, and to find out, really about parks and how and if this can become a part of the National Park Service, if that is desired. While there, I -also intend visiting the FDR Memorial Park, which has been suggested as a model for Virginia Key Beach. And I keep looking at the word "park" and I keep looking at the word "beach" and I wonder if we are defining it in the same way. That's another reason we need to gather the data. Mr. Chairman and other members. of the Commission, upon my return, I am requesting the opportunity to 42 May 11, 1999 address you with my findings and the recommendations of the board and with other groups and individuals who want to be a part of the dialogue., I'm,.asking that 'this report be scheduled for your second meeting. which I think is June 22nd, 1999, whenever the second meeting in June is. Mr. Chairman. this ends my statement and, if there are questions, I'll be glad to answer them. Chairman Plummer: I thank you. I have only one question. Mr. Ruder, I asked, some time ago, that a board, through Mr. Bush's request, to be created for a Citizens Advisory Parks and Recreation Board. What is the status of that? Mr. Alberto Ruder (Director, Parks and Recreation): We're making good progress. We've been meeting with Mr. Bush, and we hope to bring something back to you before the Commission break. We're — you know, in August we've been having — making good progress and... Chairman Plummer: Let me clarify for you. You will bring it back. Mr. Ruder: OK. Chairman Plummer: Thank you. Ms. Fields: And we have not been contacted about that, but if it is your wish... Chairman Plummer: We're just in the process of forming a Citizen — solely Citizens Advisory Board on Parks and Recreation. Mr. Bush is the one who brought it to my desk and we are proceeding from there. Mr. Gort, you have a question. Vice Chairman Gort: As I recall, when I first got elected back in November'93, the beach was in use. It was open. As a matter of fact, one of the things that we discussed at that time is, we had someone collecting dues. Commissioner Teele: Before you answer, is there a representative from the Police Department here? Because 1 really think it's important, at this point, that while the Public Works Department — I mean, the Park Department addresses it, if the Chief is available, because one of the big problems is the police issue. Go right ahead. I apologize, Commissioner Gort. You were asking the director. Mr. Ruder: The swimming beach was open for many years until '96, when the City became. -- you know, got into its fiscal crisis, it was closed. The old County beach has always been available on a permit basis. As a matter of fact, we have about 16 events already scheduled from now until the end of this year, where people will pay a permit fee and the related staff coststo have different types of events in the old County beach. Vice Chairman Gort: Because I remember, when we put the picnic together, that's the site that we utilized. Mr. Ruder: Yes, that's where you had the employees picnic. Vice Chairman Gort: OK. Thank you. Commissioner Teele: Mr. Chairman, it might be very help... Chairman Plummer: Mr. Teele. Commissioner Teele: It might be very helpful, Mr. Manager, if you would just give us an update about the -- where we are on the beach. I do note, for the record, that the deed conveyance from the County requires that the beach be maintained in an active state, comparable to the time that we received it. Now — so, I don't want to help the County get into anything with us, but it might be helpful. Because I know you and your staff have been working on that issue. 43 May 11, 1999 Chairman Plummer: OK. Let's try to bring this to a conclusion, as quickly as we can. Mr. Donald Warshaw (City Manager): Couple of issues. Number one,. we do have over a million dollars for beach'renourishment that we are now in the permitting process for to bring the beach back to the days that we're talking about today. As Mr. Ruder started to tell you, when Mr. Stierheim came in and the City's financial crisis started, the beach basically was closed. Now, we do have monies committed to — and we're going to bring before you — for next year's budget to open the beach. However, in the interim, we would like to move towards opening the beach. I don't'know if it's going to be July 4th, but we would like to bring to you, probably today or no later than the next meeting, a plan. We need about three hundred thousand dollars ($300,000) on an annual basis, mostly for life guards, security people. There are some safety issues. The beach is somewhat isolated. And I know you know that there's a piece of that beach, of course, where we have some issues with the tide. We certainly have got to have life guards continuously, seven days a week. Chairman Plummer: That's for sure. Mr. Warshaw: So, we're moving in that direction. And it is conceivable, even without the renourishment program, which would enhance what's there now, we could open the beach, you know, in this fiscal year and that's something we've been moving towards doing. So, I'll be more than happy to bring this to you, even today, if you'd like. Commissioner Teele: Mr. Chairman, thank you. Mr. Manager and Chief, I think it's very important that the Police Department, also, as well as the Parks Department, hear what the public is saying and know that our — we have a requirement that that beach be opened now. I mean, without debating that point, one of the issues that has inhibited tremendously the kind of fee activities or permit activities, which 1 think you -all have the authority to move on without coming to the Commission, has been the cost of the police or the security services. And I would just like to say on the record. I wish that you and the Chief and the Parks Director and the staff would take under advisement an overarching need to get this beach open. And, as we look at how we charge those permits, that maybe we subsidize it with Law Enforcement Trust. It's important that those beaches by opened. And I really do urge you, given the history of the Virginia Beach, to look at how we can do that consistent with what Mr. Bush and Ms. Range and others have said, this year so that that beach can be — it has a unique role. And let me tell you. If somebody has an event and they say Virginia Beach, it's a coded message that goes all over this City. Now, some folks that got here from Haiti may not understand what it means or some people who came here Cuba may not understand what that means, but if you grew up, as the lady just said, that she grew up in Coral Gables, or if you live in Opa-Locka or in Goulds or in Naranja and you say Virginia Beach, there's a group of people, about 15 percent of this community, is going to know what that means, and I, really do think that you all could help us by working with us that way. Chairman Plummer: Mr. Teele... Commissioner Teele: Mr. Chairman... Chairman Plummer.:, ...wilI you bring the matter to a close? Commissioner Teele: ...I would like to ask that the City Attorney — I would like to move -- and I want to do this on a two-step basis because I think the staff needs to be a part of this, and I think the public needs to be a part of this. I would move that the City Attorney be instructed to draft up a resolution that would be a Civil Rights Parks Task Force of 15 members, seven members to be appointed — two by the Mayor, one by each Commissioner -- and the other eight members would come from the community that has a historic tie to the -- to this 77 acres, and that this Task Force be given six months, working with the staff and the Black Archives and other organizations, to develop a master plan or a -plan, and that no activities or RFP's be issued until that report has been prepared. And what this motion, if I could get a second, would do is, it would give us two weeks -- return it at the next meeting. .It would be very clear that each Commissioner would appoint someone, so it would be reflective of the entire City. There would be, the Mayor would get A 44 May 11, 1999 two appointments, and there would be eight people that would come, essentially, from these working groups that have been out here working in the community to develop this oral history. . Chairman Plummer: Seconded by Commissioner Gort. Any further discussion? All in favor, say "aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-320 A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT RESOLUTION THAT WOULD ESTABLISH A CIVIL RIGHTS PARK TASK FORCE COMPRISED OF 15 MEMBERS FROM THE HEREIN BELOW LISTED CATEGORIES: FIVE TO BE APPOINTED BY THE CITY COMMISSION; TWO TO BE APPOINTED BY THE MAYOR; REMAINING EIGHT TO BE APPOINTED FROM WORKING GROUP ORGANIZATIONS WHO HAVE HISTORICAL TIES TO THE COMMUNITY AND WERE ALSO IN ATTENDANCE ON THIS SAME DATE; FURTHER STIPULATING THAT SIX MONTHS BE GIVEN TO DEVELOP A MASTER PLAN AND, IN THE INTERIM, THAT NO REQUEST FOR PROPOSALS BE ISSUED UNTIL SAID PLAN HAS BEEN PREPARED; FURTHER STIPULATING THAT THE AFOREMENTIONED TASK FORCE BE BROUGHT BACK TO THE CITY COMMISSION AT THE FIRST REGULARLY RESCHEDULED MEETING OF JUNE FOR THE COMMISSION'S CONSIDERATION OF REVIEW AND APPROVAL. Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: *Commissioner Tomas Regalado. Commissioner Joe Sanchez [*Note for the Record: Although absent during roll call, Commissioner Regalado later requested of the Clerk to be shown in agreement with the motion. (see label 14)] Chairman Plummer: Second phase? That was the second phase? First and second? Commissioner Teele: That's it. And what would happen is, we would bring that back at the next meeting... Chairman Plummer: All right. Let me -- so, the people leaving here understand, that this matter will come back before us on the second meeting in June. Is that what you want? Commissioner Teele: No, next meeting. Chairman Plummer: The next meeting. Well, that's the... Commissioner Teele: Just to approve the Task Force. Chairman Plummer: All right. Because it's an indefinite date right now. Mr. Gort's asking that that date be changed. May I suggest to you the first meeting in June? 45 May 11, 1999 Commissioner Teele: The first meeting in June. Chairman Plummer: Let's do that. Then, we can give everybody leaving a definite date. Commissioner Teele: And that would give the staff an opportunity to input with the City Attorney's Office on that. Chairman Plummer: My eyes are failing me. That would be June the 8th, and we'll have the report back and we'll do that at that. Let me thank all of you for being here today. I think we're taking the step in the right direction. And this Commission is now in adjournment until no sooner than 2 o'clock this afternoon. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:20 P.M. AND RECONVENED AT 2:14 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE. 13. RESCHEDULE MAY 25 COMMISSION MEETING TO JUNE 8. (See label 70). Chairman Plummer: Mr. Manager, what did you do about a meeting to accommodate Mr. Gort? Mr. Donald Warshaw (City Manager): We're going to try to.. Chairman Plummet: Can we hold it down to a roar, please? Thank you. Tomas, where did he go? You got any suggestions to changing the meeting of the 25th? You have a suggestion? Mr. Warshaw: We've spoken to Commissioner Gort, and the City Attorney will advise you on what needs to be done. Chairman Plummer: Well, advise me. Mr. Warshaw: Relative to canceling the May meeting, we would combine the two meetings with first meeting in June. Chairman Plummer: You can't do that. Mr. Alejandro Vilarello (City Attorney): You can. By resolution, you can do that. The only concerns that I have is, the second meeting is a P&Z meeting, and whether or not the administration is comfortable with those issues being sent forward to the first meeting in June? Chairman Plummer: Well... Commissioner Regalado: You want to do it earlier? 1 mean... Chairman Plummer: June the 1 st is fine with — or the first meeting in June is fine with me. Mr. Vilarello: That would be June 7th. Chairman Plummer: June the 7th. If the other offices are listening, would you prepare your Commissioner to speak to June the 7th, as a double meeting, to accommodate Mr. Gort? Mr. Vilarello: I'm sorry. June 8th, Commissioner. Chairman Plummer: I'm sorry. June the 8th. Commissioner Regalado: And you're going to have P&Z on June the 8th, is that... 46 May 11, 1999 Chairman Plummer: Correct. Commissioner Regalado: ...what you're saying? Mr. Vilarello: You're going to have the second meeting in May postponed until... Chairman Plummer: According to the City Attorney, I didn't think we could, but he said we can. Mr. Vilarello: ... June 8th, by resolution. The City Commission can change it by resolution. Chairman Plummer: Here's Mr. Gort now. Mr. Gort, would you check with your staff to see if — well, you don't have to check. We know that date is available to have both meetings. All we'll need is a resolution. Vice Chairman Gort: To what? Mr. Warshaw: To have the meeting on... Chairman Plummer: To have two meetings on the 8th of June. Vice Chairman Gort: I don't have any problem. Chairman Plummer: OK. Motion — we're now in session. A continuation from the morning. A motion by Commissioner Gort, seconded by Sanchez. It's a resolution... Mr. Vilarello: A resolution deferring the meeting of May 25th until June 8th, 1999. Chairman Plummer: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous vote. The following motion was introduced by Vice Chairman Gort, who moved its adoption: MOTION NO.99-321 A MOTION TO CONTINUE THE MEETING PRESENTLY SCHEDULED. FOR MAY 25, 1999 TO JUNE 8, 1999. [Note: See later R-99-362.] Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Regalado: Mr. Chairman? Chairman Plummer: Mr. Regalado. 3 47 May 11, 1999 Commissioner Sanchez: I may have something on the 8th. Chairman Plummer: Of June? We had a Commission meeting scheduled already. Mr. Warshaw: That's the next scheduled Commission meeting. Chairman Plummer: That's the next Commission meeting. Mr. Warshaw: For June. Chairman Plummer: Aye, aye, aye! 14. COMMISSIONER REGALADO REQUESTS TO BE SHOWN VOTING IN AGREEMENT ON MOTION TO CREATE CIVIL RIGHTS TASK FORCE. (See label 12). Commissioner Regalado: Did we vote on an issue in Virginia Key? Chairman Plummer: Yes, sir. Basically, that Mr... Commissioner Regalado: Mr. Clerk? Can I have the Clerk show the vote? Chairman Plummer: Favorably. OK? All right. Commissioner Regalado: My — can I record my vote? Mr. Walter Foeman (City Clerk): Yes. You requested be shown voting with the item, although absent on roll call. 15. DEFER CONSIDERATION OF FRAMEWORK AND SPECIFIC GUIDELINES TO BE INCLUDED IN THE BODY OF A PROPOSED FRANCHISE AGREEMENT WITH COMMERCIAL WASTE HAULERS — COMMENTS REGARDING THE SOLID WASTE MANAGEMENT -COMMITTEE. Chairman Plummer: All right. Since there are two very hot. items, Mr. Manager, I'm going to take them up while I have somewhat -- well, as soon as Mr. Teele gets here. I'm going to take up the trash hauling and I'm going to take up the parking issue, OK. All right. Mr. Gort is asking the trash -- this is going to make them really feel good. They're going to -- that the matter be deferred over to the next meeting. He just received materials on it and -- can people of the trash come inside, please? Commissioner Regalado: I did — I also did receive yesterday, so I haven't been able to check it. So, I would -- can we do it on the first meeting on June? Chairman Plummer: Well, that's the next meeting. Commissioner Regalado: OK. Well, if there is a motion, I second, if there is. Chairman Plummer: All right. Now... Mr. Donald Warshaw (City Manager): It's only a discussion at this point. Chairman Plummer: Well, it's only for discussion for today but it was to give input and we can still do that by memo. Commissioner Regalado: OK. 48 May 11, 1999 Chairman Plummer: All right. So, a motion by Regalado. Seconded by — well, wait a minute. By Gort. Let me ask a question of the haulers. Come forward or not to forward. Do any of you have a problem with that? I mean, I don't want to inconvenience anybody. Mr. Luciano Isla: Good afternoon, Mr. Chairman. Luciano Isla for the Dade Waste Haulers Council. No, Mr. Chairman, will be fine. Chairman Plummer: All right. I wish the pretty lady would have come first before that ugly devil. Ms. Mikki Canton: Thank you. Commissioners, Mikki Canton, of Holland and Knight, 701 Brickell Avenue on behalf of BFI (Browning & Ferris Industries). We have no problem with the deferral, if that's what the Commission wishes. Chairman Plummer: All right. I really don't need to hear if you have problems. I just want to hear if anybody does, OK? Most of you, by the way, have seen fit to write to the Commission and to the Manager, making suggestions of what you have and thoughts about the matter. If you haven't, I strongly urge you to do such. I have some ideas that I was going to discuss today but we will do those by memo, OK? A motion is made... Vice Chairman Gort: By the way -- OK. Chairman Plummer: ... and seconded by — made by Regalado, seconded by Gort, that this matter be put over until June the 8th. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous ballot. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 99-322 A MOTION, TO DEFER CONSIDERATION OF AGENDA ITEM 33 (DISCUSSION OF FRAMEWORK AND SPECIFIC GUIDELINES TO BE INCLUDED IN THE BODY OF A PROPOSED FRANCHISE AGREEMENT WITH COMMERCIAL WASTE HAULERS) TO THE MEETING PRESENTLY SCHEDULED FOR JUNE 8, 1999, BEGINNING AT 2 P.M. Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: I have a question for staff. Chairman Plummer: Staff. Vice Chairman Gort: One of the recommendations that I received, my understanding is, when people — and I don't know if we have that — when they pull the permit, the CO (Certificate of Occupancy), whatever we 49 May 11, 1999 call them, did we make the requirement for the trash as part of that? Mr. Raul Martinez (Assistant City Manager): I'm not sure, Commissioner. We met with the company that made the suggestion and it is an excellent suggestion to look at. It's a... Vice Chairman Gort: I think it's a great suggestion. Just you incorporate that into it. Mr. Martinez: That we will catch to... Vice Chairman Gort: That way, it will be in the computers since we're spending so much money in computers and we're going to be -- my understanding is, we're going to be the most computerized and the best City in the world, so I want to make sure that we can get that in, OK? Mr. Martinez: And, Commissioner, if... Chairman Plummer: All right. Mr. Sanchez. Commissioner Sanchez: I.yield to Raul Martinez. Mr. Martinez: No, Commissioner. I just want to bring an issue up. I also don't have a problem discussing this in June, but we're getting close to the October 1st termination of the permits, so if we are going to go out to a franchise agreement that people have to reconstruct sign and do it -- I mean, we're getting — we still have time but now we're getting very close because, according to the people that work on the franchise agreements, we've gone out and got somebody from the outside to help us. Chairman Plummer: We'll accept their check and we'll worry about the paperwork later. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Last Commission meeting we passed a resolution creating a Commercial Solid Waste Management Advisory Committee. I would also encourage the administration to move forward with it, to create this advisory committee as quickly as possible, so maybe the companies could have an input on who we're going to put on the committee and how to create the committee so -they would, in other words, be a voice... - Chairman Plummer: And, please, remember... Commissioner Sanchez: ...in this process. Chairman Plummer: ...the people in the public sector, the private sector are not dummies. Put some on the committee. Mr. Martinez: Yes, sir. Commissioner Sanchez: Mr. Chairman, this resolution... Chairman Plummer: Mr. Sanchez. -Commissioner Sanchez: ...breaks down exactly who's going to be there. Of course, the Manager's Office will place one, if I could just find the -- basically, I have it here. But it will be equally represented by homeowners. I think each Commissioner may have one representation. The City Manager would have a representation. I believe some of the industries, the solid waste industry will also have representation. So, I think we could work.it out where it would be very equally represented. 50 May 11, 1999 Chairman Plummer: And I want to hear a big thank you for all the lobbyists who have to come another day and make another fee. Thank you for being here. Sorry to inconvenience you. Commissioner Regalado: Mr. Chairman? Chairman Plummer: Mr. Regalado. Commissioner Regalado: One of the things... - Mr. Isla: Thank you, Mr. Chairman. Chairman Plummer: Hold on. You better hear what's being said. Mr. Regalado. Commissioner Regalado: One of the things that 1 did not understand is that fee, twenty-five to seventy-five dollars ($75). I would like to get some clarification before the meeting because, you know, we... Mr. Martinez: And, Commissioner, just very briefly. We haven't zeroed down in the exact fees. We gave a range for the framework. We will work with the committee that Commissioner Sanchez and the Commission has approved to come up with fair charges that will make it beneficial for the City, but that won't make it prohibitive for any company to participate. So, that's why the per account fee and the entrance fee are still up in the air. We'll come back to you at some point, with your approval, to make it 50, 60; 10. Commissioner Regalado: But I keep telling you... Chairman Plummer: All of you are out of order. Commissioner Regalado: I keep telling you that all this will be a pass -on to the consumers and our — at least my interest, the quality of life, the equipment and all that, which is addressed. I agree with some of the proposals that you all made. But I don't understand very well the thing of the fee 25 to 75. Plus, all the burden that we're putting on the companies, you know, participating in community or whatever. Chairman Plummer: We'll send you back to school. Thank you. See you guys on June the 7th. Mr. Warshaw: The eighth. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Eighth, I'm sorry. June the 8th. Let's make it for a time certain, at 2 o'clock. Is that agreeable? Then all of you can make your planes back to wherever. OK. 16. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1999" AND APPROPRIATE FUNDS ($430,652) FOR OPERATION CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION. Chairman Plummer: Is there anybody here that has to make a flight? Is there anybody here that wants to get a matter canceled? Anybody here wants to get a matter deferred? Hearing none, we're on Item 8. Item 8 is a four/fifths. Do we have four/fifths? We do have four/fifths. Vice Chairman Gort: Move it. Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance. Commissioner Sanchez: No, I'm got going to second it. I have to read it first. Chairman Plummer: You'll read it. 51 May 11, 1999 Commissioner Sanchez: What is it? Vice Chairman Gort: It's a summer program. The food for the summer program. Chairman Plummer: It's food kids. You want to vote against it? Mr. Alberto Ruder (Director, Parks and Recreation): For the summer program. Commissioner Sanchez: No, but I'm not... Mr. Alejandro Vilarello (City Attorney): An emergency ordinance... Vice Chairman Gort: Tell the kids Sanchez doesn't want them to have their food. Chairman Plummer: Yeah, Sanchez doesn't want to feed the kids. Commissioner Sanchez: No, I'm not going to vote against. But I'm just not going to second something that I haven't read it. Commissioner Regalado: I... Chairman Plummer: Mr. Regalado. Commissioner Sanchez: I second: Commissioner Regalado: I know that this is federal money that we're using, but I just want some clarification on it, Alberto. Do we get this — this is a company from Orlando or is it a local company? And the reason I'm asking is because I've seen — I visited some of the parks and one day I saw those little boxes that were frozen and, you know, like this sandwich was really... Mr. Alberto Ruder (Director, Parks and Recreation): Yeah, but there's only a certain number of companies that are authorized or certified in this state that we piggyback on the County's bid and the County has not selected a contractor yet. Mr. Donald Warshaw (City Manager): Excuse me. I'm sorry. Commissioner, Number 8 is just the acceptance of a grant. Number 9, which is the companion item, is the one I think you're talking about. Commissioner Regalado: Right. Mr. Warshaw: ... awarding to a particular vendor. Commissioner Regalado: But I'm telling you, the day I went there -- I mean, the kids were really upset because... Mr. Ruder: Right. Commissioner Regalado: ...like this was frozen and 1 guess the little boxes were brought in a frozen way. Mr. Ruder: Yes. We normally monitor that. We'll pay closer attention... Commissioner Regalado: OK. Mr. Ruder: ...but there's only a few companies in this state. Chairman Plummer: Read the ordinance. 52 May 11, 1999 Chairman Plummer: First roll call. Mr. Walter Foeman (City Clerk): I need a seconder. Commissioner Regalado: Second. Commissioner Sanchez: I made the second. Chairman Plummer: OK, fine. Sanchez was slow. Call the roll. An Ordinance Entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1999" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE, ESTIMATED AMOUNT OF $430,652 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 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 Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11792. 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 May 11, 1999 17. AUTHORIZE MIAMI-DARE COUNTY ON BEHALF OF THE CITY OF MIAMI TO ADVERTISE, EVALUATE, AND ACCEPT BID(S) OF VENDOR(S) TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") APPROVED MEALS TO CHILDREN FOR CITY'S SUMMER FOOD SERVICE PROGRAM 1999; -- ACCEPTANCE OF GRANT ($430,652) FROM USDA THROUGH THE FLORIDA DEPARTMENT OF EDUCATION. Chairman Plummer: Item 9 is now the giving food to -- for four hundred and thirty thousand six hundred and fifty-two dollars ($420,652) for approved meals. Mr. Alberto Ruder (Director, Parks and Recreation): It's actually piggybacking on the County company... Commissioner Sanchez: So move. Chairman Plummer: Well, wait a minute. Mr. Ruder: ...which they're in the process of selecting. Chairman Plummer: All right. Hold on. Mr. Ruder: That's the way we do it every year. Chairman Plummer: Excuse me. The way I'm reading this — and maybe I'm wrong — this is to advertise, evaluate and accept bids. This is not giving the bid. Mr. Donald Warshaw (City Manager): This is authorizing the County to advertise, evaluate and accept the bid of the vendor that they've chosen. Mr. Ruder: If you read the second part of what you just read... Chairman Plummer: But who is — do we know who the vendor is? Mr. Ruder: They haven't selected them yet. They should be doing it any day now. But there's only a few in the whole state that are authorized, and we save a lot of money by piggybacking on the County. Chairman Plummer: Sometimes you do. Sometimes you don't. OK. Moved by Sanchez. Seconded by Regalado. All in favor, say "aye.". The Commission (Collectively): Aye. Chairman Plummer: All opposed? 54 May 11, 1999 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-323 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING MIAMI-DADS COUNTY ON BEHALF OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE BID(S) OF A VENDOR OR VENDORS TO PROVIDE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") APPROVED MEALS TO ELIGIBLE CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM 1999; FURTHER AUTHORIZING MIAMI-DADE COUNTY TO ENTER INTO THE NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDER(S) FOR THIS PURPOSE AND DIRECTING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY PURCHASE ORDER(S), SAID AUTHORIZATION BEING SUBJECT TO AND CONDITIONED UPON THE CITY OF MIAMI'S ACCEPTANCE OF A GRANT IN THE ESTIMATED AMOUNT OF $430,652 FROM USDA THROUGH THE FLORIDA DEPARTMENT OF EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE 1999 CITY'S SUMMER FOOD SERVICE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 18. SECOND READING ORDINANCE: AMEND 11590, BY CHANGING THE NAME OF THE SPECIAL REVENUE FUND TO "FEMA/USAR GRANT AWARD" AND APPROPRIATE ADDITIONAL FUNDS CONSISTING OF TWO GRANTS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ($80,000 FOR) STET FY `97-98 AND $83,740 FOR FY `98-99, FOR A TOTAL APPROPRIATION OF $163,740), FOR THE PURCHASE OF EQUIPMENT, AND TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE (USAR) PROGRAM. Chairman Plummer: Item 10. A FEMA (Federal Emergency Management Agency) grant award for Urban Search and Rescue. The Fire Department gets richer. Vice Chairman Gort: Move it. Chairman Plummer: Moved by — it's an ordinance. Read the ordinance. Call the roll. 55 May 11, 1999 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11590, ADOPTED JANUARY 13, 1998, BY CHANGING THE NAME OF THE SPECIAL REVENUE FUND ESTABLISHED BY SAID ORDINANCE TO "FEMA/USAR GRANT AWARD" AND APPROPRIATING ADDITIONAL FUNDS CONSISTING OF TWO *GRANTS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY "FEMA" IN THE AMOUNTS OF $80,000 FOR FY `97-98 AND $83,740 FOR FY `98-99, FOR A TOTAL APPROPRIATION OF $163,740, FOR THE PURCHASE OF EQUIPMENT, AND TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE (USAR) PROGRAM; 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; AND PROVIDING FOR AN EFFECTIVE. DATE. Passed on its first reading, by title, at the meeting of April 27, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: 'Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11793 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: Mr. Clerk, I'm hoping that you'll keep a running list, so that when Commissioner Teele comes in, you can hand it to him, of what has been done up to the point of his entrance. 19. SECOND READING ORDINANCE: AMEND 10840, , WHICH ESTABLISHED INITIAL APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND, BY INCREASING SAID APPROPRIATIONS ($75,731). Chairman Plummer: Item 11. Coconut Grove Special Events District. Vice Chairman Gort: Move it. Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance. _ Anyone wishing to speak on the issue? Call the roll. 56 May 11, 1999 An Ordinance Entitled - AN ORDINANCE OF THE . MIAMI CITY COMMISSION. AMENDING ORDINANCE NO. 10840, ADOPTED ON FEBRUARY 14, 1991, AS AMENDED, WHICH ESTABLISHED INITIAL APPROPRIATIONS FOR THE COCONUT GROVE SPECIAL EVENTS DISTRICT FUND, THEREBY INCREASING SAID APPROPRIATIONS IN THE AMOUNT OF $75,731 AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL COLLECTION OF THE COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE; PROVIDING FOR FURTHER APPROPRIATIONS AND CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.. Passed on its first reading, by title, at the meeting of April 27, -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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11794 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. 20. SECOND READING ORDINANCE: AMEND CODE SECTIONS 10-5, 54-17, AND 62-159 TO ALLOW DIRECTORS OF BUILDING AND ZONING, PUBLIC WORKS, AND PLANNING TO WAIVE PERMIT FEES FOR THOSE PERMITS REQUIRED BY ENTITIES AND AGENCIES OF THE CITY OF MIAMI. Chairman Plummer: Item 12, waiving the fees on City projects. Moved by Gort. Seconded by Regalado. Question by Gort. Vice Chairman Gort: We will be pulling the permit and it's going to be inspected by us, and make sure the work is done according to the... Mr. Donald Warshaw (City Manager): Yes, sir. Vice Chairman Gort: OK. Chairman Plummer: OK. Read the ordinance. Call the roll. 57 . May 11, 1999 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, TO ALLOW THE DIRECTORS OF BUILDING AND ZONING, PUBLIC WORKS, AND PLANNING TO WAIVE PERMIT FEES FOR THOSE PERMITS REQUIRED BY ENTITIES AND AGENCIES OF THE CITY OF MIAMI; MORE PARTICULARLY BY ADDING NEW SECTIONS 10-5, 54-17, AND 62-159 TO SAID CODE; 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 April 27, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11795 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. 21. - SECOND READING ORDINANCE: AMEND 11705, .THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1999, ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS; REVISING CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN THE GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND RECREATION, PUBLIC FACILITIES, TRANSPORTATION AND PHYSICAL ENVIRONMENT AREAS. Chairman Plummer: Item 13, adjusting appropriations relating to the budgetary matters. Vice Chairman Gort: I'll move it. I have a question. Chairman Plummer: Move by Gort. Seconded by Sanchez. Read the ordinance. Mr. Gort. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE, BY TITLE, INTO THE PUBLIC RECORD.] Vice Chairman Gort: My question is, any hospital or non profit that uses the City conduct to do the taxes and bond issues, my understanding is, we charge them ten thousand dollars ($10,000). My understanding here, also, we have. advertising expenses for ten thousand dollars ($10,000). We don't make any money on this? Mr. Donald Warshaw (City Manager): Where, Mr. Gort, are you looking at this? 58 May 11, 1999 Chairman Plummer: He's in the back-up. Vice Chairman Gort: Fee for Mercy Hospital to reimburse City issue. In other words. in order for them to issue bonds, they have to come through us. They pay us ten thousand dollars ($10,000). and I see here you have ten thousand dollars ($10,000) for advertising. Chairman Plummer: That's the Health Advisory. Mr. Luie Brennan (Acting Director, Management & Budget): That's what we're making, the ten thousand dollars ($10,000). Vice Chairman Gott: We do make that? Mr. Brennan: Yes. Vice Chairman Gott: But it says here advertising expenses, ten thousand dollars ($10,000). We spend the whole ten thousand on advertising? Chairman Plummer: Where do you advertise? Mr. Brennan: No, we did not spend ten thousand in advertising. He have — we made ten thousand dollars ($10,000) from the advertising. Vice Chairman Gott: OK. Proposed use, then, it's not being used? Mr. Brennan: It's not being used. I would correct that. Vice Chairman Gott: OK. Thank you. Chairman Plummer: Mr. Boom -Boom. Mr. Manuel Gonzalez-Goenaga: Well, here, I want to know... Chairman Plummer: Is the clock running? Mr. Gonzalez-Goenaga: ...does this have anything to do with the deficit budget at the Bayfront Park? Chairman Plummer: Yes, sir. Mr. Gonzalez-Goenaga: According to what I read in "The Miami Herald"... Chairman Plummer: Yes, sir. Mr. Gonzalez-Goenaga: And where you, Mr. Plummer said that, "after all, a budget is'a projection." Chairman Plummer: Absolutely, what it is. Mr. Gonzalez-Goenaga: No, no. Let me tell you. My description of a budgetary system, regarding politicians, is the art practiced by bureaucratic magician, and it's a big difference. Let me tell you, when you see a projection -- when there is a deficit of 33 percent, it's too much of it. It's a projection, which is a deficit of 20, 25 percent or 10, but 33 percent. I mean, it's not the same thing of a budget deficit of a half a million dollars ($500,000) -- a million and a half is too much. And I understand that you are the Chairman and... Chairman Plummer: That is correct, sir. 60 59 May 11, 1999 Mr. Gonzalez-Goenaga: ...1 am sure that you will be able to explain to the citizens to — with a tie. what's going on. Chairman Plummer: Thank you, sir. Mr. Katz, you'll give him a copy of the deficit and how it was created, please. Call the roll. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTIONS 1, 3, 4, 5 AND 6 OF ORDINANCE NO. 11705, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 1999, FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF CERTAIN CITY DEPARTMENTS AS ARE MORE PARTICULARLY DESCRIBED HEREIN; REVISING CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN THE GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND ECONOMIC ENVIRONMENT, .PARKS AND RECREATION, PUBLIC FACILITIES, . TRANSPORTATION AND PHYSICAL ENVIRONMENT AREAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading, by title, at the meeting of April 27, 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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11796 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. 2 2. (A)FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "SOUTH FLORIDA WATER MANAGEMENT DISTRICT" -- INITIAL RESOURCES AND APPROPRIATIONS, AND AUTHORIZING EXPENDITURES, ($25,475.23), CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. (B) PROBLEMS WITH JET SKIS AT GRAPELAND PARK. Chairman Plummer: Item 15, South Florida Water Management District. A grant of twenty-five thousand four hundred and seventy-five... Vice Chairman Gort: Move it, with questions. Chairman Plummer: ...dollars and twenty-three cents. 60 May 11, 1999 Commissioner Sanchez: Move. Vice Chairman Gort: Gort. Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance. [AT THIS POINT. THE CITY ATTORNEY READ THE ORDINANCE BY TITLE INTO THE PUBLIC RECORD.] Chairman Plummer: Mr. Gort with a question. Vice Chairman Gort: 1 have a question. We have — I understand we have the bay and the river, but we also -- within my district, I have a major problem in Grapeland, which is the Antonio Maceo Park and the lake behind it. Right now I'm doing the research with the County, the State, and see who owns the property, to see if we can put the fee to collect. But we had a lot of problems with the — what do you call those things? Chairman Plummer: Jet skis. Vice Chairman Gort: The jet skis. And my understanding is, they go through — close to the shore at very high speed and that causes erosion in of the — whatever they have. Commissioner Regalado: The sea wall. Vice Chairman Gort: The sea walls, of the sea walls. I would like -- and, at one time, 1 think we used to have one of the marine patrols in there. I would like to see, if possible, to get one of the marine patrols over there to make sure — especially on the weekends. Major Joseph Longueira: Right, but not as part of this. It's something separate. Chairman Plummer: Well, yeah. Vice Chairman Gort. No, I understand. This is something "separate, but I'm using as this as a good excuse. Chairman Plummer: Mr. Gort, you could possibly do what they do at Crandon, and they have buoys out there where you can't come within inside of the buoys. Vice Chairman Gort: Well, maybe we should do that because they have a lot of problems with the... Chairman Plummer: OK. Call the roll on Item 15. Vice Chairman Gort: Thank you. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "SOUTH FLORIDA WATER MANAGEMENT DISTRICT;" BY ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS, AND AUTHORIZING EXPENDITURES, IN THE AMOUNT OF $25,475.23, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 61 May 11, 1999 was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Tomas Regalado Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 23. FIRST READING ORDINANCE: AMEND CODE SECTIONS 2-892, 39-34, 54-341 AND 54-342 -- COCONUT GROVE SPECIAL EVENTS DISTRICT AND THE COCONUT GROVE FESTIVAL COMMITTEE; MODIFY BOUNDARIES, CLARIFY RESTRICTIONS AND EXEMPTIONS, REQUIRE NOTICE TO AFFECTED PROPERTY OWNERS PRIOR TO EVENTS, CHANGE CITY STAFF LIAISON DESIGNATION AND DELETE THE WORD "STANDING" FROM THE NAME OF THE COMMITTEE. Chairman Plummer: That was a first reading. Now, Item 16 is also a first reading. Coconut Grove Special Events Standing Committee to delete a designation... Mr. Donald Warshaw (City Manager): It's expanding the boundaries. Chairman Plummer: Expanding the boundaries. Read the — moved by Sanchez. Seconded by Regalado. Read the ordinance. Call the roll on first reading. An Ordinance Entitled - AN ORDINANCE OF THE MIAM1 CITY COMMISSION RELATED TO THE COCONUT GROVE SPECIAL EVENTS DISTRICT AND THE COCONUT GROVE FESTIVAL COMMITTEE; AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO MODIFY THE BOUNDARIES, CLARIFY RESTRICTIONS AND EXEMPTIONS, REQUIRE NOTICE TO AFFECTED PROPERTY OWNERS PRIOR TO EVENTS, CHANGE CITY STAFF LIAISON DESIGNATION AND DELETE THE WORD "STANDING" FROM THE NAME OF THE COMMITTEE; MORE PARTICULARLY BY AMENDING SECTIONS 2-892, 39-34, 54-341 AND 54-342 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 62 May 11, 1999 was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was . passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Tomas Regalado Chairman J.L. Plummer, Jr. NAYS:. None. ABSENT: Commissioner Arthur E. Teele, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 24. FIRST READING ORDINANCE: AFFIRMATIVE ACTION ADVISORY BOARD — AMEND CODE SECTIONS 2-887 AND 2-979 TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM; CORRECT SCRIVENER'S ERROR OF SAID CODE. Chairman Plummer: Item 17, a first reading. Trying to accomplish to reduce the numbers of members for the Affirmative Action Advisory Board so that a quorum can be easier obtained. Vice Chairman Gort: Move it. Chairman Plummer: Moved by Gort. Seconded by Sanchez. Commissioner Sanchez: Question. Chairman Plummer: Wait. Read the ordinance. Commissioner Sanchez: I have a question. Chairman Plummer: All right. You can ask it. Let's read the ordinance. Commissioner Sanchez: Why are we having such a hard time getting citizens to participate on this board? Chairman Plummer: You'll have to ask the Chairman. Mr. Alejandro Vilarello (City Attorney): As I understand it, it's been 20 months since they were able to obtain a quorum at a meeting. Chairman Plummer: And let me also tell you, Joe. On the two boards, which 1 sit, we changed to this same kind of a thing, where when the meeting's scheduled for noon, the members present constitute a quorum, they all show up. They show up in a hurry. If they want to know what happened when they weren't there, we tell them, read the minutes. Read the ordinance. Call the -- read the ordinance. Call the call on first reading. [COMMENTS MADE DURING ROLL CALL] Vice Chairman Gort: Let me ask you a question. On this, they're still required to meet "x" amount of meetings. If they don't, they're automatically being dropped by the board, right? Chairman Plummer: Three, they're automatically off. Mr. Vilarello: Yes. 63 May 11, 1999 Vice Chairman Gort: OK. Yes. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO THE AFFIRMATIVE ACTION ADVISORY BOARD ("AAAB"); AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED ("CODE"), TO REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONVENE A MEETING OF THE AAAB; AND CORRECTING A SCRIVENER'S ERROR TO REFLECT THOSE BOARDS WHICH HAVE BEEN EXEMPTED BY ORDINANCE FROM THE QUORUM PROVISIONS SET FORTH IN SAID CODE; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-979 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on. first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Tomas Regalado Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 25. BRIEF COMMENTS REGARDING WITHDRAWAL OF PROPOSED FIRST READING ORDINANCE TO AMEND CODE BY REPEALING APPENDIX A AND REPEALING AND RE- ENACTING CHAPTER 11 ENTITLED, "CABLE TELEVISION". Chairman Plummer: Seventeen A has been withdrawn. We're now on Item 18. This is a resolution to give the Grand Bay Hotel Partners the use of the Miami Marine Stadium for four thousand five hundred fifty-six dollars and forty-one cents ($4,556.41) a month. Commissioner Regalado: Mr. Chairman? Chairman Plummer: Mr. Regalado. Commissioner Regalado: Just before we move on, on 17A... Chairman Plummer: It's been withdrawn, sir. Commissioner Regalado: I know. Mr. Manager, I — there are several things -- I read the whole thing and there are several issues here that I think have some kind of information that contradicts what we were told in the past hearings on the cable systems, like, for instance, the City has authority to regulate the cable rates. It's in here. But 1— according to the federal government, we don't. Chairman Plummer: You have the right for up to a maximum. We can do less than the maximum but not beyond that. 64 May 11, 1999 Ms. Elaine Buza: If I could respond to that. Elaine Buza, Telecommunications Administrator. We do currently have the rights to regulate the rates for basic cable service. We lost. several months ago. the ability to regulate the rates for extended basic, and we never had them for anything above that. but we can still regulate basic service. Chairman Plummer: All right. Let's move on. 26. RESCIND RESOLUTION 98-837 WHICH ALLOWED GRAND BAY HOTEL PARTNERS, LTD. USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; RESCIND RESOLUTION 98-1077 WHICH ALLOWED FISHER ISLAND COMMUNITY ASSOCIATION USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT WITH OCEAN CLUB DEVELOPMENT COMPANY FOR USE OF ADDITIONAL PARKING SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT,; PROVIDE FOR INCREASE IN THE MONTHLY FEE ($3,056.59 TO $4,556.41) PROVIDE FOR INCREASE IN THE SECURITY DEPOSIT (FROM $9,169.76 TO $13,669.23), PLUS STATE USE TAX IF APPLICABLE. Chairman Plummer: Item 18, once again. Grand Bay Hotel Partners, Marine Stadium for parking for four thousand five hundred fifty-six dollars and forty-one cents ($4,556.41) a month. Commissioner Sanchez: Question. Chairman Plummer: Why are you letting them off so cheap? Ms. Lori Billberry (Director, Asset Management): Just to clarify, we're rescinding the resolutions of Grand Bay and Fisher Island because they no longer need it. And we're expanding the space for Ocean Club. Mr. Donald Warshaw (City Manager): More money for the City. Chairman Plummer: OK. Ms. Billberry: It's more money... Chairman Plummer: Well, that's still letting them off cheap. Moved by Sanchez. Seconded by Regalado for this give-away of the City. All in favor, say "aye." Commissioner Sanchez: Question. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I have a question. Chairman Plummer: What is your question? Commissioner Sanchez: Refer to the City Manager. On the Marine Stadium, are we putting on an RFP (Request for Proposal) or in the process of putting on an RFP, Area I? Ms. Dena Bianchino (Assistant City Manager): No, sir, we are not. . Commissioner Sanchez: We are not. How long do we anticipate on waiting to put'an RFP? Ms. Bianchino: On that particular site, we're going through a land use and zoning change with the state so, when we're further along in that process, we would then come back to you and request your authority to proceed with an RFP. 65 May 11, 1999 Commissioner Sanchez: How long do we anticipate on that process being? Ms. Bianchino: I would suggest to you that we might - we could be back to you in three months with a request.. Commissioner Sanchez: So, for three months or until a construction goes out, we're going to rent this to the Yacht Club or whatever, the Rowing Club? Ms. Bianchino: The RFP process would take. a long time. So, they're on a month to month permit. They would stay there until such time as we needed for another use and then we would ask them the leave. Commissioner Sanchez: What's the difference between this price and the one before, with the other hotels, Fisher Island and Grand Bay? Ms.: This amount was arrived at based on using the City code, which is a thousand dollars ($1,000) a day, and we're prorated that to the amount of area that they're using. That's how we arrived at these amounts. Ocean Club is strictly interim use for parking only, and it's the same rate as it was for the Grand Bay. Fisher Island... Chairman Plummer: -A thousand dollars ($1,000) a day in my book would be thirty thousand a month. Ms. Billberry: Prorated based on the amount of area they're using. Chairman Plummer: You let them off cheap. OK. Item .19, professional. service agreements for Coast Engineering... Commissioner Sanchez: We didn't vote on .18, did we? Mr. Foeman: We need to call the roll. Chairman Plummer: I thought we had voted on that. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. 66 May 11, 1999 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-324 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION 98-837, WHICH ALLOWED GRAND BAY HOTEL PARTNERS, LTD. USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; FURTHER RESCINDING RESOLUTION 98-1077, WHICH ALLOWED FISHER ISLAND COMMUNITY ASSOCIATION USE OF A PORTION OF THE MIAMI MARINE STADIUM PARKING LOT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND OCEAN CLUB DEVELOPMENT COMPANY ("LICENSEE") FOR LICENSEE'S USE OF AN ADDITIONAL 33,138 SQUARE FEET OF PARKING SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT, UNDER THE TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE REVOCABLE LICENSE AGREEMENT; PROVIDING FOR AN INCREASE. IN THE MONTHLY FEE $3,056.59 TO $4,556.41 AS A RESULT OF THE ADDITIONAL SPACE, PLUS PAYMENT OF APPLICABLE TAXES; FURTHER PROVIDING FOR AN INCREASE IN THE SECURITY DEPOSIT FROM $9,169.76 TO $13,669.23, PLUS STATE USE TAX, IF APPLICABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 27. AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH GOLD COAST ENGINEERING CONSULTANTS, INC.-, UTILIZING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS), FOR SURVEYING SERVICES FOR WATSON ISLAND: (PROPOSED AND EXISTING LEASE AREAS), WATERFRONT DEVELOPMENT, AND MIAMI OUTBOARD CLUB (REALIGNMENT OF LEASE AREA NO. 2), AND COCONUT GROVE CONVENTION CENTER, ($62,000). Chairman Plummer: Item 19. Professional service agreement for Coast Engineering consultants on Watson Island, Waterfront Development, Miami Outboard Club, and the Coconut Grove Convention Center. Not to exceed sixty-two thousand dollars ($62,000). Moved by Gort. Seconded by Sanchez. 'All in favor, say aye. 11 Commissioner Sanchez: Wait a minute. Did it go out to bid? Chairman Plummer: Come on, guys. Wake up. 67 May 11, 1999 Commissioner Sanchez: Did it go out to bid? Did it go out to bid? Ms. Laura Billberry (Director, Asset Management): This is a state... Chairman Plummer: Did it go out to bid? Ms. Billberry: This is a state contract that went through a competitive procedure. The City is currently beginning its process to go through a competitive process for surveys. Commissioner Sanchez: So moved. Chairman Plummer: Any other questions? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-325 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH GOLD COAST ENGINEERING CONSULTANTS, INC., UTILIZING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO. 9731128, FOR THE PROVISION OF SURVEYING SERVICES FOR WATSON ISLAND: (PROPOSED AND EXISTING LEASE AREAS), WATERFRONT DEVELOPMENT, AND MIAMI OUTBOARD CLUB (REALIGNMENT OF LEASE AREA NO.2), AND COCONUT GROVE CONVENTION CENTER, IN AN AMOUNT NOT TO EXCEED $62,000, ON AN AS -NEEDED BASIS UNTIL AUGUST 2, 1999, SUBJECT TO THE ANNUAL RENEWAL OF THE STATE OF FLORIDA SNAPS CONTRACT; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS. 810101-240 ($6,000) AND 810101-210 ($6,000) AND ($50,000) THROUGH AN ACCOUNT DESIGNATED BY THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 68 May 11, 1999 28. AMEND RESOLUTION 98-620, ACCEPTING THE FINDINGS -OF THE SELECTION COMMITTEE THAT, PURSUANT TO THE REQUEST FOR PROPOSALS ("RFP"), BELLSOUTH BUSINESS SYSTEMS, IS THE MOST QUALIFIED PROVIDER OF FRAME RELAY NETWORK SERVICES FOR THE CITY OF MIAMI'S COMMUNICATIONS INFRASTRUCTURE; -- PROVIDE FOR EQUIPMENT BEING SUPPLIED BY SUBCONTRACTOR, COMMUNICATIONS CONCEPTS, INC., TO BE INVOICED TO THE CITY AND PAID BY THE CITY DIRECTLY TO COMMUNICATIONS CONCEPT, INC. Chairman Plummer: Item 20. BellSouth Business Systems, frame relay work for -- for what? It's just a Communications Concept, Inc. There's no price attached to this? Ms. Elaine Buza (Telecommunications Administrator): No. I'm sorry. Mr. Donald Warshaw (City Manager): This is an amendment to something you approved previously for three hundred thousand dollars ($300,000). I'll let Elaine explain to you what it's doing. Ms. Buza: This is basically a housekeeping measure that allows us to be billed by and to invoice the subcontractor for BellSouth, who's providing the equipment. They are prohibited by TFF (Telephone Franchise Fee) for providing the equipment. So, we knew, from day -one, that they were going to use a subcontractor. Unfortunately, the TFF also prohibits BellSouth from receiving payment and paying them. Chairman Plummer: You approve it, Mr. Manager? Mr. Warshaw: Yes. And, for the record, the financial impact had been addressed previously in a resolution. It's just amending that. Chairman Plummer: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Moved by Sanchez and seconded by Gort. Come on, wake up over there. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-326 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING SECTION 2 OF RESOLUTION 98-620, ADOPTED JUNE 23, 1998, ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE THAT, PURSUANT TO THE REQUEST FOR PROPOSALS ("RFP"), BELLSOUTH BUSINESS SYSTEMS IS THE MOST QUALIFIED PROVIDER OF FRAME RELAY NETWORK SERVICES FOR THE CITY OF MIAMI'S COMMUNICATIONS INFRASTRUCTURE; THEREBY ADDITIONALLY PROVIDING FOR EQUIPMENT BEING SUPPLIED BY THE SUBCONTRACTOR IDENTIFIED IN THE RFP, COMMUNICATIONS CONCEPTS, INC., TO BE INVOICED TO THE CITY AND PAID BY THE CITY DIRECTLY TO COMMUNICATIONS CONCEPTS, INC. 11 69 May 11, 1999 (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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 29. AUTHORIZE REPLACEMENT OF CITYWIDE PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT AND ASSOCIATED SOFTWARE, PERIPHERALS AND INSTALLATION SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT, CITY OF MIAMI TELECOMMUNICATION WIRING BID AND FRAME RELAY REQUEST FOR PROPOSALS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($2,000,000). Chairman Plummer: Item 21. Here we go spending big dollars. Vice Chairman Gort: On 21, I... Chairman Plummer: Computer... Vice Chairman Gort: On 21... Chairman Plummer: Yes, we do. It was moved by Sanchez. Seconded by Regalado. Mr. Gort, on 21. Vice Chairman Gort: On 21, I requested of the... Chairman Plummer: On 21 and 22 basically are of the same... Vice Chairman Gort: I move 21, but I have questions. Chairman Plummer: All right. Moved by Gort for -- seconded by... Commissioner Sanchez: Second. Chairman Plummer: ...Sanchez. All right. Mr. Gort, question. Vice Chairman Gort: On 21, I understand this is a five-year plan, and we've been reading — it was suggest of several people. What I'd like to -- what I asked the director is, when he came to see me this morning, I'd like to see the total capital project for the next five years of how much we're going to spend. At the same time, I would like to know, specifically, how that's going to help the City of Miami employees and how the people -- what kind of services -- how we can improve our services? Because I don't want to spend all this money and, then, later on, still getting complaint that people not going response and so on. Mr. Donald Warshaw (City Manager): For the total capital program for all items or just on technology? Vice Chairman Gort: Technology. Well, that's going to be applied. I understand the Police and the Fire and all that is involved here. So, I'd like to get an idea of what the capital -- and I know you got a Five -Year Plan. 70 May 11, 1999 Chairman Plummer: All right. Vice Chairman Gort: I'd like to get an idea what it's going to be like. OK? Chairman Plummer: Mr. Gort, I'll be glad to share this with you and the rest of the Commission. My concern happen's to be, as you know, we've primarily done business with just "A" company. We were told, at the last Commission meeting, that we voted on was computers; that we were going towards a clear path, which would give us the opportunity to go out to bidding procedures. I have demanded this morning and received those things which they are using now as a plan. I'm not sure that it's five years, but it is the plan that take us through the clear path. And I will share this with each one of,my colleagues. Mr. Boom -Boom. Mr. Manuel Gonzalez-Goenaga: Well, since 1990, when I first started coming here, I have always hear the same issue regarding computers, and they were -- I have always put on the table the idea of coordination, integration, and always they say, "yes, it has been done. It has been done. It hasbeen done. It has been done." Maybe the biggest problem is, that I do not understand what's going on. Chairman Plummer: I'm sure of that. Mr. Gonzalez-Goenaga: Do you, Mr. Plummer? Chairman Plummer: Yes, I do, sir. Mr. Gonzalez-Goenaga: Then, I am -- after 28 years you've been here, I have to be satisfied of everything that you have voted for here. Chairman Plummer: No, sir, you don't have to be, but I am. I know what's going on. Mr. Gonzalez-Goenaga: OK. So, I hope that you really understand. Chairman Plummer: Thank you, sir. Mr. Gonzalez-Goenaga: I don't. I have to admit. I'm very sincere. Chairman Plummer: All right, sir. Come after 11 o'clock tonight and I'll teach you. All in favor of Item 21, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposed? Show unanimous. 71 May 11, 1999 The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-327 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE REPLACEMENT OF CITYWIDE PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT AND ASSOCIATED SOFTWARE, PERIPHERALS AND INSTALLATION SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRCT NOS. 250-040-99-1, 973-561-98-1, 250-050-97- I, 252-001-97-1, CITY OF MIAMI TELECOMMUNICATION WIRING BID NO. 96-97-109 AND FRAME RELAY REQUEST FOR PROPOSALS NO. 97-98-089, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $2,000,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL PROJECTS ACCOUNT CODE NO. 311608.469401.6.850 AND VARIOUS DEPARTMENTAL BUDGETS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 30. AUTHORIZE CITYWIDE PURCHASE OF PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT AND ASSOCIATED SOFTWARE, PERIPHERALS, INSTALLATION SERVICES, AND MAINTENANCE SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT, SUBJECT TO SUBSEQUENT RENEWALS BY THE STATE OF FLORIDA, CITY OF MIAMI TELECOMMUNICATION WIRING BID AND FRAME RELAY REQUEST FOR PROPOSALS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($1,500,000). Chairman Plummer: Twenty-two is a companion. It's another million and a half dollars ($1,500,000). Moved by Gort.. Seconded by Sanchez. Any discussion on 229 Hearing none, all in favor, say "aye." Hello? Opposition? 72 May 11, 1999 The following resolution was introduced..by Vice Chairman'Gort, who moved its adoption: RESOLUTION NO. 99-328 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITYWIDE PURCHASE OF PERSONAL COMPUTERS, PRINTERS, COMMUNICATIONS EQUIPMENT AND ASSOCIATED SOFTWARE, PERIPHERALS, INSTALLATION SERVICES, AND, MAINTENANCE SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NOS. 250-040-99-1, 973-561-98-1, 250-050-97-1, 252-001-97-1, SUBJECT TO SUBSEQUENT RENEWALS BY THE STATE OF FLORIDA, CITY OF MIAMI TELECOMMUNICATION WIRING BID NO. 96-97- 109 AND FRAME RELAY REQUEST FOR PROPOSALS NO. 97-98- 089, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL PROJECTS ACCOUNT CODE NO. 311044.469401.6.840 AND VARIOUS DEPARTMENTAL BUDGETS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Sanchez: But, J.L., if I may have a second to address this? Chairman Plummer: Yes, sir. On which item? Commissioner Sanchez: On both items. Chairman Plummer: All right, sir. Commissioner Sanchez: Because I think the taxpayers of the City of Miami should be aware of this. This is -- to move this City forward in technology and provide better services, I mean, we must move forward with the technology. And even though the money's been granted there, the money is there to be used for this, you know, people may perceive this as we're spending three million dollars ($3,000,000), but it's in the best interest of all the citizens, that they realize that they're going to start having more better service, better technology. And, in the long run, it benefits not only the City but everybody in the City, you know. Because it could be perceived as, hey, we're throwing away three million dollars ($3,000,000), but it's something that needs to be done. Chairman Plummer: Mr. Sanchez, you now, at 11 o'clock, will teach Mr. Boom -Boom the better quality of computers. Commissioner Sanchez: Mr. Boom -Boom knows. He's a very bright individual. 73 May 11, 1999 31. APPROVE PROCUREMENT OF EQUIPMENT, SOFTWARE, AND INSTALLATION AND OTHER RELATED SERVICES REQUIRED TO UPGRADE THE TELECOMMUNICATIONS EQUIPMENT AT CITY HALL AND THE ORANGE BOWL TO COMPLY WITH YEAR 2000 (Y2K) REQUIREMENTS AND STANDARDS, FROM LUCENT TECHNOLOGIES, AWARDED PURSUANT TO STATE OF FLORIDA CONTRACT, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ($60,000. Chairman Plummer: Item 23. Item 23 is to do what is necessary at the Orange Bowl.. Vice Chairman Gort: Year two thousand. Move it. Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-329 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF EQUIPMENT, SOFTWARE, AND INSTALLATION AND OTHER RELATRED SERVICES REQUIRED TO UPGRADE THE TELECOMMUNICATIONS EQUIPMENT AT CITY HALL AND THE ORANGE BOWL TO COMPLY WITH YEAR 2000 REQUIREMENTS AND STANDARDS, FROM LUCENT TECHNOLOGIES, AWARDED PURSUANT TO STATE OF FLORIDA CONTRACT NO. 730-650-99-1, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS THEREFOR FROM THE INFORMATION TECHNOLOGY DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.460101.6.670. (Here follows body of resolution, omitted here and on file in, the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 74 May 11, 1999 32. ACCEPT PROPOSAL OF MEDAPHIS, INC. TO PROVIDE EMERGENCY MEDICAL SERVICE ("EMS") BILLING AND COLLECTION SERVICES TO THE CITY OF MIAMI. Chairman Plummer: Item 24. This is the collection for the rescue vehicles, which has gone through all of the process. Moved by Gort. Commissioner Gort: Move it. Commissioner Sanchez: Second. Chairman Plummer: Second by Sanchez. Any opposition? Anyone showing — all in favor, say "aye." Mr. Prodigal son. Mr. George Knox: Returning just in time. Chairman Plummer: I knew it was too good to be true. Mr. Knox: Mr. Chair? Chairman Plummer: Mr. George Knox. Mr. Knox: Thank you very much. For the record, my name is George Knox and I represent Advanced Data Processing, which was one of the companies that you directed your staff to engage in competitive negotiations with in order to arrive at the greatest return to the City. I think it's important to note that the threshold that ADP (Advanced Date Processing) has waived its right to a formal protest. They do object, however, or at least they would like to ask the Commission to consider some factors in connection with this contract, without regarding it as a formal bid protest. We believe that the argument that we would present really goes to the policy of the Commission. You may recall that when the item was before you, the staff had recommended that the contract be awarded to Lockheed Martin. The basis of that recommendation had to do with the fact that Lockheed Martin had proposed some technological equipment and incentives to the City related to that technological equipment. The argument of both protesters, which included the recommended entity and ADP at that time was that neither of those companies had an opportunity to submit a proposal related to the pen pads, with is the device that we're talking about. The Commission determined that the bid should be thrown out and should be competitively negotiated. The staff then instructed the three proposers to submit their best proposal, considering also the question of the inclusion of these pen pads in that proposal. In a letter dated April 5th, the staff further advised the competing proposers that they should include a component to show how the training for these pen pad operators would be provided and all of the proposals continued to get ready to negotiate with the City. The meeting to negotiate was conducted on April 19th. It's our understanding that, at that meeting, the City staff decided to abandon it's interest in the pen pad technology and instructed the proposers to simply negotiate based upon the best return to the City. It is our contention, and we believe that it's borne out by the record, that the best return to the City was, in fact, provided by ADP. I call your attention to the back-up material, which was provided by your staff to accompany this item on the agenda. The terms that have been suggested by the staff, which represented the Medaphis proposal, we believe, are greater than or at least the return to the City is less than it would have been with ADP. For example, as it relates to the collection rate, the Medaphis proposal was six point three five percent, that is, they would receive six point three five percent of the amount collected. ADP proposed that they would receive six percent rather than six point three five percent. If you calculate that out over a year, it does represent a substantial difference. That difference is about fourteen thousand dollars ($14,000) but substantial nevertheless, when you consider all of the economic factors. All other of the elements of the Medaphis proposal were at least equal to or capable of being matched by ADP. The second concern that I've been directed to express to you is that ADP feels it was not given an opportunity to respond to the Medaphis proposal. At which time, there would have been an even better return to the City. When the City directed competitive negotiations, it was the impression of the competitors that you wanted to keep on pitting them against each other, if you will, until their final price proposal had been reached. I've been directed also to advise you that given the fact that the collection rate, historically, by ADP has been better 75 May 11, 1999 than that of Medaphis, that ADP proposed a better rate to the City than Medaphis. There does not appear to be a basis upon which the recommendation is being made to the Commission, if the factors related to the price and cost considerations. We suggest to you also that you be aware of the fact that Medaphis is an Atlanta -based, very, very large data processing corporation with revenues which are very, very substantial. Compared to the revenues of Medaphis, Atlanta -based operation, it appears that there's another opportunity for an out-of-town entity to be able to benefit from the economy of Miami -Dade County without returning a proportionate amount of that revenue to Miami -Dade County and, particularly,. in this case, the citizens of the City of Miami. And we think that is it important to note that there's a distinction between. a very, very, very large corporation with a presence in many states and an organization which, is, in fact, a mom and pop operation, a certified, disadvantaged business enterprise in Miami -Dade County, which is relatively small, endeavoring to compete with much larger entities. And, so, we're suggesting to you that, even if the numbers are close, we're asking you to please consider that you direct your staff to prefer to deal with a local based company, especially when there could be a greater return to the City, rather than a slightly less return to the City. We don't find anything in the record to support the suggestion that Medaphis should be awarded this contract, based upon the proposed collection rate, based upon the historic collection rates when both of the companies shared the contract by the City of Miami. And we're asking you also to please consider the fact that doing business with a local entity, all things being equal, should be preferred by this Miami Commission. I can indicate to you for the record again, in connection with this corporate citizenship, that the records of the United Way of Greater Miami indicate that ADP has been a historic contributor and we don't find any record that Medaphis has made any contribution to the United Way or any other social service or charitable organization in the City of Miami. (Note for the Record: Commissioner Teele entered the meeting at 2:51 p.m.] Chairman Plummer: All right. Mr. Knox, let's talk to the administration and ask them to... Vice Chairman Gort: Maybe the other people want to talk. Chairman Plummer: Well, the other group want to talk? I would rather have Mr. Knox' questions answered and then we'll go to the other group. I mean, I'm not going to deny anybody the opportunity to speak. Administration. Ms. Marva Wiley (Special Assistant to the City Manager): Marva Wiley, City Manager's Office. Just to clarify a few points, which Mr. Knox referred to. The request that came from the administration related to the proposals that should be submitted by the three that we were directed to negotiate with was for innovation. That was interpreted by the three firms as the pen pad because that was what the first rank firm had included in its package to be successful initially.. It was not the intent of the administration, in any way, to require that pen pads be part of the proposal. We were looking for innovation. Once all the proposals did come back with pen pads and, subsequently, Lockheed Martin, which had been the front runner in the first process, dropped out, the remaining two firms, Advanced Data Processing and Medaphis, both had the same provider for pen pads, so that was no longer.a material part or material distinction between the two. So, recognizing that there were other opportunities that would come later to create a better synergy with other information technology systems within the City, the team, the negotiating team, made the decision to excise the technology portion of the negotiation. Those parts were equal. Chairman Plummer:- Excuse me. Because he hit me right between the eyes with talking about a local company. What is the difference, apples to apples, of one company to the other? Ms. Wiley: Well, there were two major issues that come to mind immediately when that issue was raised. One is a compliance issue. The national firm, the Atlanta -based firm, does have a compliance unit focused on- keeping track of the laws as they developed, related to Medicaid and Medicare, and there's a lot of potential liability for the City if those laws are not adhered to with great specificity. That was of particular concern for.... Chairman Plummer: Excuse me. Would not either company have to provide the City with indemnification on that issue? I mean, I don't see that as an issue. 1 mean... 76 May 11, 1999 Mr. Alejandro Vilarello (City Attorney): ­ Cbmmissione`r; 'it provide for indemnification. However. Ms. Wiley is saying that the company has in place a system to make sure that those laws are complied with. Chairman Plummer: Would we not require that of anybody? Mr. Vilarello: Both would be required -to indemnify the City in the event of negligence. Chairman Plummer: Of course. Ms. Wiley: I think there are... Chairman Plummer: The other -- the second part. Ms. Wiley: Let me just ask -- I'm not sure whether if the City was penalized with fines, in addition to other... would that be covered by indemnification as well? Mr. Vilarello: If it's as a result of the negligence of the service provider, yes. Ms. Wiley: OK. Chairman Plummer: Second item. Ms. Wiley: Second item was a disaster recovery issue with the emergency medical response being the center of this. We became extremely sensitive to the issue of a hurricane. In the event of a disaster, what happens to our files? How are we able to be — to maintain the accuracy of the information and stay on top of things? And Medaphis was better able to offer a system -- an alternative for monitoring the information of billing and collection information on behalf of the City. Chairman Plummer: But the one company does not have — doesn't pay any local taxes, no occupational licenses. Ms. Wiley: They do have a local -- yes, they do have a local office. Chairman Plummer: They do have a local office? In the City? Ms. Wiley: Not in the City. . Chairman Plummer: In the City or not in the City? Ms. Wiley: Let me clarify. Because there are multiple parties... Chairman Plummer: Excuse me. What's the address? I'll tell you. Ms. Wiley: There is a party to this deal who has a local office. That's what I was clarifying. There'is the billing part, which is Medaphis. There is the collections part, and that's why he's saying, "yes." This is the collections part of the Medaphis team and he does have a Miami office. Chairman Plummer: All right. My final question would have to be, I'm assuming they're charging us a percentage for collection? Ms. Wiley: Yes. Chairman Plummer: All right. What is the percentage, if any difference between the two companies? Ms. Wiley: It breaks down to point three five percent difference on the basic1ee rate but the City Attorney's 77 . May 11, 1999 Office cautioned us that competitive negotiations should extend beyond concern... Chairman Plummer: Which company was three point five percent cheaper? Ms. Wiley: ADP was cheaper. Point three five. Chairman Plummer: And over the period of a year, how much would that projection be?. Roughly. I'm not going to hold you to a dollar and a half. Ms. Wiley: Twelve to fourteen thousand dollars ($14,000). Chairman Plummer: Twelve to fourteen thousand dollars ($14,000) difference over the period of one year? Ms. Wiley: Assuming all things being equal with collections. Chairman Plummer: OK. I'm just trying to come up with a number. OK. The gentleman on the right was there first. The gentleman on the left has been acquiesced by the gentleman on the right. Mr. Joe McCloskey: My name is Joe McCloskey at 7500 Southwest 174th Street. I'm the Vice President of Medaphis Operations in Dade. Chairman Plummer: That's not in the City. Mr. McCloskey: In Dade County. Likewise, ADP... Chairman Plummer: Big difference. Mr. McCloskey: Likewise, ADP is not in the City. They are in Metro -Dade County in North Miami. Chairman Plummer: Neither one of you got smart yet. Mr. McCloskey: That is correct. However, our associate is within the City in our collection material that we're doing. Vice Chairman Gort: Minority compliance. Mr. McCloskey: Two issues. We have 65 personnel here in Dade County that are taxpayers, that do pay occupational licenses, and we maintain all of the proper paperwork here in the County. I have been working within the City here for the last 24 years and with the City and with the County in different issues. The issue about compliance should not be minimized. The federal government -- Medaphis corporation has a compliance agreement with the federal government in place. The compliance issue, if there is not one in place, the finer penalty under Medicare and Medicaid is ten thousand dollars ($10,000) per occurrence. Seventy percent of your work is Medicare and Medicaid through fire rescue. We have a plan in place. The other billing organization has not identified a plan in place with the federal government. We have it in.place with the Office of the Inspector General. From a compliance exposure issue, we feel it is a major item for the City. Metro -Dade Fire Rescue, who we currently represent, that was formally represented by the other organization, likewise feel it's very important and have come with us. I thank you very much. Chairman Plummer: Thank you, sir. The other gentleman wish to speak? Mr. Orlando Monteagudo: Yes, please. My name is Orlando Monteagudo.. 1 am with Medical Account Systems. Located 2333 Brickell Avenue. We're the collection agency, the subcontractor of Medaphis. We have been in the City of Miami for 12 years. We are a certified minority. Small business operation. And, unlike our competitor with ADP, which is Acrofax (phonetic) they are located in Atlanta. They didn't even send a representative to negotiate with the City and I — while we do not donate extensively to the United Way, we do donate to other organizations. But I fail to see the relevance of donating to any institutions 78 May 11, 1999 having to do with this procurement. Thank you very much. Chairman Plummer: OK. Boom -Boom, what can you add to this? Mr. Manuel Gonzalez-Goenaga: Or subtract. I would like to have an explanation after eleven o'clock. like you suggested in the previous issue... Chairman Plummer: Yes. Mr. Manuel Gonzalez-Goenaga: ...for the particular reason that we're — sometimes we use about local or outside, yes, but I wish we apply the same issue of local for hiring employees at the City of Miami. Thank you. Chairman Plummer: Thank you, sir. OK. Administration, you want to say anything else? Mr. Donald Warshaw (City Manager): I'd like to add one thing so you have it for the record. The real issue here is, the staff — and I'd ask the fire chief, if necessary, to speak to this issue — has evaluated the two companies and has made a major distinction between what they feel their ability is to administer four million dollars ($4,000,000) worth of collections as it relates to that compliance package. So, while it's true in competitive negotiations, is not just the point three five percent. The major issue here is, which one we feel has the ability to effectively, you know, help the City in its collection and not, in any way, put the City in a liable position. And if you'd like to ask the fire chief go into some of the details of that? Chairman Plummer: No, no. Unless some Commissioner wants to ask the question. Commissioner Sanchez: So moved. Chairman Plummer: Moved by Sanchez. Seconded by Gort. Any further discussion? All in favor, say ' Commissioner Teele: One question. Chairman Plummer: Mr. Teele. Commissioner Teele: One.question. How does the contract of the proposal differ from the contract now enforced with the County? Mr. Maurice Kemp: Maurice Kemp, Department of Fire Rescue. One difference between the two contracts is the price because of the volume. The County has a larger volume. They get a better rate. Other than that, 1 can't go into all of the details on the differences. Commissioner Teele: Well, that's the only question. Are we getting the same rate as the County? Mr. Kemp: No, sir. Commissioner Teele: Well, you know, we make a lot about these interlocal agreements and, you see. Mr. manager, you know, it's nothing wrong with saving money and it's no reflection on our independence or our ego, our corporate ego, and I thought that the GSA office -- not GSA, Purchasing Office was going in the right direction on some of this stuff but this is a contract that never should have gone out, in my judgment. 1 mean, obviously, the recommended company has a contract with the County. At least that's what I thought I heard him say. Ms. Wiley: Yes. Commissioner Teele: To provide essentially the same services. 79 May 11, 1999 Mr. Kemp: The services are essentially the same. Mr. Warshaw: It's a different percentage of gross. Chairman Plummer: It's volume. Commissioner Teele: I understand. But this is the fact — this is the point. Nine times out of ten the County is going to be buying more of whatever it is we're buying and rather than spending all this staff time and ail this procurement time in bid — in writing bids and all of that and all of that, we need to look very carefully at buying off of Jackson Hospital, where appropriate; buying off of school board, where appropriate; buying off of State of Florida, where appropriate; and, in deed, buying off of Miami -Dade County. And I just think it would be very interesting, Mr. Manager, if the Audit Department were to go through this and not compare these two bidders but compare what one bidder is giving us versus what he's giving the County because 1 think, Mr. Knox, that's the strongest argument -- if you had made that argument, Mr. Knox, you know, you'd have — you know, I would have been arguing — I would have been voting against this recommendation, quite frankly, because the City is not getting the best deal here. It may not be your client who's giving us the best deal but the County's getting a better deal from the same company and I just think that's regrettable. Chairman Plummer: Item 24. All in favor, say "aye" of the motion. The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-330 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PROPOSAL, AS NEGOTIATED, OF MEDAPHIS, INC. TO PROVIDE EMERGENCY MEDICAL SERVICE ("EMS") BILLING AND COLLECTION SERVICES TO THE CITY OF MIAMI FOR A ONE YEAR PERIOD WITH TWO ONE YEAR OPTIONS TO RENEW; FURTHER AUTHORIZING THE . CITY MANAGER TO NEGOTIATE AN -AGREEMENT WITH SAID FIRM, IN .A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS APPROVAL (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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. - Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 80 May 11, 1999 33. RATIFY, APPROVE AND CONFIRM CITY MANAGER'S FINDING OF EMERGENCY; AND APPROVE PROCUREMENT OF AN ASBESTOS EVALUATION SURVEY AND REPORT AT FIRE STATION NO. 1 BY MCO ENVIRONMENTAL, INC., ($12,036.60). Chairman Plummer: Item 25. Ratifying and approving the City Manager's finding of an emergency on asbestos evaluation. Twelve thousand thirty-six dollars and sixty cents ($12,036.60). Commissioner Teele: So moved. Commissioner Sanchez: Second. Chairman Plummer: I want to ask a question. What happened to the local company? Why wasn't the local company -- did they not choose to bid, the one on 36th Street? Chief Carlos Gimenez: Right. As far as, I understand... Chairman Plummer: Third Avenue and 36th Street. Chief Gimenez: This is a contract that the City already had and we access the contract, the existing contract the City already had. Chairman Plummer: Well, you know, here again, they're not in the City. Ms. Judy Carter (Director, Purchasing Department): Well, no. They have to be more than in the City. They have to be in the City. They must bid. And, then, they must be within 10 percent. Chairman Plummer: OK. All I want to know is whether or not... Ms. Carter: And I assure you, that had they been, we would have submitted the name. Chairman Plummer: ...they chose not to bid. Ms. Carter: They chose not to bid. And had they bid, they'd be part of the process. Chairman Plummer: Thank you, ma'am. Moved by Regalado. Seconded by Sanchez. Item 25. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 81 May 1 I , 1999 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 99-331 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND APPROVING THE PROCUREMENT OF AN ASBESTOS EVALUATION SURVEY AND REPORT AT FIRE STATION NO. 1 BY MCO ENVIRONMENTAL, INC., USING CITY OF MIAMI CONTRACT NO. 97-98-072/001, IN AN AMOUNT NOT TO EXCEED $12.036.60; ALLOCATING FUNDS THEREFOR FROM THE FIRE ASSESSMENT FUND, CAPITAL IMPROVEMENT PROJECT NO. 313302; FURTHER, RATIFYING, APPROVING AND CONFIRMING THE ISSUANCE OF A PURCHASE ORDER FOR SAID SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado = Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 34. RESCIND BID AWARD TO CDH HOLDING LTD, INC., - DB/A AMERICAN MILLS SAFETY SUPPLY FOR PURCHASE OF TRELLBORG'S TRELLCHEM CHEMICAL PROTECTIVE SUITS, FOR FAILURE TO HONOR BID PRICE, AND AWARDING THE BID TO AMFAK, INC ($8,794.80). Chairman Plummer: Twenty-six, Chemical Protective Suits. Rescinding the award.... Commissioner Teele: So moved. Chairman Plummer: ...to American Mills. Vice Chairman Gort: Second. Question. Commissioner Sanchez: Second. Chairman Plummer: Moved by Teele. Seconded by Sanchez. Question by Gort. Vice Chairman Gort: We have to go out -- we'll have to go out to rebid again? Chief Carlos Gimenez: No. We're awarding the contract to the second lowest bidder. Vice Chairman Gort: To the second. It's going to cost us a little bit more? 82 May 11, 1999 Chief Gimenez: Yes, sir. Chairman Plummer: How do you pronounce the name of that company? Vice Chairman Gort: My question is this... Ms. Judy Carter (Director, Purchasing): Amfak. Vice Chairman Gort: ...whenever we have any of these bids, do we request a bond or a deposit from any of those people? Ms. Carter: Well, first of all, in regards to this bid; do know that this bid opened in October; that normally we expect that a vendor will honor his prices for at least 90 days. Vice Chairman Gort: Right. Ms. Carter: We did not come here to obtain this contract until more than 90 days afterwards. Vice Chairman Gort: OK. Ms. Carter: Now, there was a reason for it, a legitimate reason, which had to do with a requirement that the... Chief Gimenez: The money had to be.appropriated in the right account because — before we can expend it, and it only happened after February. That's why it took so long. Ms. Carter: Right. Chairman Plummer: And a local bidder won by default. Vice Chairman Gort: Thank you. Chairman Plummer: All in -- did you have a question, Mr. Sanchez? Commissioner Sanchez: No. You and I don't agree on a lot of things, but we agree on two things. One is, Maria serves good food, and we want local vendors. Chairman Plummer: You bet your bippy. All right. All in favor of Item 26, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. 83 May 11, 1999 The following resolution was introduced by Commissioner Teele. who moved its adoption: RESOLUTION NO. 99-332 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE BID AWARD TO CDH HOLDING LTD, INC.. D/B/A AMERICAN MILLS SAFETY SUPPLY FOR THE PURCHASE OF TRELLBORG'S TRELLCHEM CHEMICAL PROTECTIVE SUITS, FOR FAILURE TO HONOR BID PRICE, AND AWARDING THE BID TO AMFAK, INC., FOR SAID ACQUISITION, AT A TOTAL COST NOT TO EXCEED $8,794.80; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO. 289401.6.850, FUNDED BY THE FIRE ASSESSMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 35. APPROVE REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY PARKS, BY AGILE COURTS CONSTRUCTION COMPANY, INC., UTILIZING MIAMI-DADE COUNTY CONTRACT FOR THE DEPARTMENT OF PARKS AND RECREATION, ($247,300). Chairman Plummer: Item 27, Sports Courts... Commissioner Teele: So moved. Chairman Plummer: ...for various City parks. Moved by Teele. Seconded .by Regalado. Two hundred forty-seven thousand three hundred dollars ($247,300). Commissioner Regalado: Question. Chairman Plummer: Question by Regalado. Ms. Judy Carter (Director, Purchasing): Excuse me. I would like to add... Chairman Plummer: Hold it, hold it. Ms. Carter: Yes. The inadvertent omission of a name, McCourt Construction Company should be added to that contract. We are piggybacking off of the Dade County contract, consistent with Commissioner Teele's desire that we do so for these particular projects. Chairman Plummer: But you did not go out to a bid? 84 May 11, 1999 Ms. Carter: We utilized the competitive process of the County and that is why we are piggybacking off of it. Chairman Plummer: OK. Commissioner Regalado: Question. Chairman Plummer: OK. I keep reminding you guys, sometimes you don't get the best deal that way. Was there a question by anyone? Commissioner Regalado: Yes. Commissioner Teele: You're right, J.L. You just saw, the City just got sucker punched with a guy who's providing the same service for the County and the City, and he bids up our number and charges us more because we're not buying the volume. The County is buying 10 times the number of recreational equipment than the City's buying in this particular item. Chairman Plummer: Someday they'll listen, Mr. Teele. All in favor of Item 27... commissioner Regalado: Wait, wait, wait. Chairman Plummer: Mr. Regalado. Commissioner Regalado: On this — 27. I read a memo from the Manager on a thousand problems that we had in the park. This happens. And then all this happens and it delays the project. How can we be sure that -- we're talking here of — today's May. This goes to Oversight Board. Construction will begin probably -- I don't know, Alberto, in July? Mr. Alberto Ruder (Director, Parks and Recreation): It's possible. We're moving -- the Manager has placed a high priority on all these items, and we're walking them through the system. Commissioner Regalado: I know he has. I know he has. But how can we make sure that this is on time? Because, you know, we approve the projects and... Chairman Plummer: Tell him about the bonds. Commissioner Regalado: ...then, we don't ever know when. Mr. Ruder: Well, we're going to be putting strict deadlines and there is penalties if they don't abide by the deadlines. So, for each one of these, we're going to be given them strict deadlines in which they need to complete them. Mr. Donald Warshaw (City Manager): In addition to that, Commissioner, as soon as these items are approved, they're of the highest priority to go to the Contract Review Committee, get signed off on. Al has been working, you know, aggressively to try to get this money spent because we've got, you know, constraints and time lines to spend the money. We got a late start, to begin with. And I know how important you all feel the parks are, as do 1. So, we're going to do -this as quickly as we can. Chairman Plummer: OK. All in favor, say "aye" on 27. - The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. 85 May 11, 1999 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-333 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY PARKS FOR THE DEPARMENT OF PARKS AND RECREATION, BY AGILE COURTS CONSTRUCTION COMPANY, INC., AND MCCOURT CONSTRUCTION COMPANY, INC., UTILIZING MIAMI-DADS COUNTY CONTRACT NO. 1153-0/01, IN AN AMOUNT NOT TO EXCEED $247,300; ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANTS, AS APPROPRIATED FOR CAPITAL PROJECTS IN SECTION VI OF GENERAL APPROPRIATION ORDINANCE NO. 11705, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Chairman Plummer: Twenty-eight. Mr. Raul Martinez (Assistant City Manager): Commissioner Plummer, if I may add. We also have met with the companies that haven't been real diligent in their past projects, to take into task and give them very specific deadlines; that if they want to get any other project, whether they're the lowest bidders or not in any of this, they will have to meet our deadlines, and they know better. Chairman Plummer: You know, I asked the City Attorney — and I haven't seen any back-up. Mr. City Attorney -- to increase the penalty for not meeting deadlines; to take it from one tenth of one percent to one percent. I asked you to bring that back to the Commission. The people who do not meet their deadlines, hey, the only way you're going to make them do it is hit him in the pocketbook. Mr. Alejandro Vilarello (City Attorney): The per diem fines are — have to be reviewed on a case by case basis. You cannot just escalate it so that it is a penalty. It's supposed to be related to the actual damages the City suffers for the day-to-day extension of the contract. Chairman Plummer: Mr. Attorney, you understand what I'm trying to accomplish? Mr. Vilarello: Yes, sir. Chairman Plummer: Then, don't work against me. Mr. Vilarello: Yes, sir. 86 . May 11, 1999 36. APPROVE ACQUISITION AND 'INSTALLATION OF SITE FURNISHINGS AT TWELVE CITY PARKS FROM VARIOUS VENDORS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT FOR THE DEPARTMENT OF PARKS AND RECREATION, ($191,070); ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AS APPROPRIATED IN ORDINANCE NO. 11705, THE ANNUAL APPROPRIATIONS ORDINANCE AND CAPITAL IMPROVEMENTS PROJECTS. Chairman Plummer: Work with me. OK. Item 28. The acquisition and installation on 12 City parks for a hundred ninety-one thousand and seventy dollars ($191,070). Commissioner Teele: So moved. Commissioner Sanchez: Second. Chairman Plummer: So moved by Teele. Seconded by Sanchez. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All right. Show it unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-334 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION AND INSTALLATION OF SITE FURNISHINGS AT TWELVE CITY PARKS FROM VARIOUS VENDORS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907-3/98-2, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $191,070; ALLOCATING FUNDS THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND PROGRAM AS APPROPRIATED IN ORDINANCE NO. 11705, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE AND CAPITAL IMPROVEMENT PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 87 May 11, 1999 37. AUTHORIZE PAYMENT TO ROBLES AND GONZALEZ, P.A., MANNING, ($447,000) -AS FINAL JUDGMENT; — PAY FRATERNAL ORDER OF POLICE AND ALFREDO VEGA, ($50,000)- - SERGEANT PROMOTION EXAM. Chairman Plummer: Item 29 has been withdrawn. Item 30. Mr. City Attorney. Mr. Alejandro Vilarello (City Attorney): Yes. Earlier today I handed out a substitute resolution on this item. The item before you, the substitute resolution, involves a request for settlement authority in the lawsuit of the matter Manning versus the City of Miami. On January 22nd, 1999 a final judgment was rendered against the City on a lawsuit filed against the City by 22 police officers who alleged that the oral portion of a 1993/94 police sergeant's promotional exam was flawed and that the sound measuring scoring techniques and procedures, as required by the Civil Service Rules, were not applied. The plaintiffs in this case agreed to accept the amount of the final judgment, which was four hundred and forty-seven thousand dollars ($447,000), payable in two installments, May 1999 and December 1999, and they agreed to waive all interest and attorney's fees and costs, which they're entitled to as a matter of law in the state of Florida. Contingent on the City Manager's approval of retroactive promotion and/or seniority for certain individuals and conditioned on this City Commission's approval and the approval of the Oversight Board. And that comes with my recommendation to the City Commission. Chairman Plummer: Moved by? Moved by? Commissioner Sanchez: I'll move it. Chairman Plummer: Moved by Sanchez. Seconded by Regalado. I have a question. How many retroactive promotions are you going to have to make? Mr. Vilarello: I believe the Manning plaintiffs include approximately 11 or 12. The rest of the Manning plaintiffs have already been promoted in due course. Chairman Plummer: So, now, that means that we're going to have a surplus of sergeants or the last 12 will be rolled back? Mr. Vilarello: No, sir. It was critical during the negotiation process, with conversations with the chief and with the manager, that no artificial sergeant's positions would be created; that these would be positions which were necessary for the efficient operation of the department. Chairman Plummer: If you have a full staff now and you've got to increase 12 people to the position of sergeant, what happens to the ones that are already there? Mr. Donald Warshaw (City Manager): Let me answer that in two ways. The number of sergeants... Chairman Plummer: I'd appreciate one way, the right way. Mr. Warshaw: -- has stayed the same, seen when the department was back to about 950. So, it anticipation and knowing and understanding that this lawsuits been hanging out there — and the chiefs not here. 1 don't want to speak for him -- but those numbers, in terms of additional sergeants, could more than easily be absorbed based upon the fact the department grew from 950 to over 1100 without any increase in the number of sergeants. With that being said, I'll let Major Longueira. Chairman Plummer: I don't need to hear that. I don't think we need to hear anything else, unless somebody's got a question. Commissioner Sanchez: No, I do. Who do we hold accountable for this? Chairman Plummer: That's your next item. Read it. Mr. Boom -Boom. 88 May 11, 1999 Mr. Manuel Gonzalez-Goenaga: Here I come again. Chairman Plummer: Put the clock on. Mr. Gonzalez-Goenaga: More confused than before I started reading. Chairman Plummer: Come after eleven o'clock. Mr. Gonzalez-Goenaga: Where? Chairman Plummer: Mr. Gort's going to teach you. Vice Chairman Gort: No, no, no. Don't get me involved. Mr. Gonzalez-Goenaga: Because this is too long. There is a substitute one at the last moment. I do not understand it. And let me tell you. My feeling is, as an individual — and I am not an attorney — a deal is a deal is a deal, either you like it or not, unless there is undue influence when you sign a settlement agreement. Now, it's my understanding from my poor knowledge that this is going — part of it going down the drain. Am I on the right track, yes or no?. Chairman Plummer: We'll get you an answer and file it with you in writing. Mr. Gonzalez-Goenaga: After eleven o'clock? Chairman Plummer: Yes. Mr. Gonzalez-Goenaga: And then we're going to sue the company on Item 31. Chairman Plummer: If it passes. Mr. Gonzalez-Goenaga: And we have to get other attorneys to do something that we previously hired. Look, let me tell you something. The citizens must be really confused and I keep abreast of what's going on and 1 -- my perception has never failed. So, something is terribly wrong and I don't know -- I need somebody to enlighten me before eleven o'clock. Thank you. Chairman Plummer: They have a book that my girlfriend gave me the other day "Internet For Dummies." Do we have a City book of the same caliber? Why aren't you answering me, you chicken? Commissioner Sanchez: Call the question. Chairman Plummer: Call the question on Item 30. All in favor, say "aye." . The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show Unanimous. 89 May 11, 1999 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-335 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROBLES AND GONZALEZ, P.A., AS TRUSTEE FOR PLAINTIFFS, MANNING, ET AL., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $447,000.00, PAYABLE IN TWO INSTALLMENTS (MAY 1999 AND DECEMBER 1999), PURSUANT TO THE FINAL JUDGMENT ENTERTED FOR PLAINTIFFS, AS ORDERED BY THE HONORABLE JUDGE JUAN RAMIREZ, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS, AND JUDGMENTS IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 95-00061 CA (27), MANNING ET AL. VS. CITY OF MIAMI, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, AND JUDGMENTS, AND CONTINGENT UPON THE CITY MANAGER'S APPROVAL OF THE RETROACTIVE PROMOTION AND/OR SENIORITY OF CERTAIN INDIVIDUALS, AS APPLICABLE; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.415001.424401.6.653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado . Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 38. CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED, INCLUDING ENGAGEMENT OF LEGAL COUNSEL, AGAINST MORRIS & MCDANIEL, A CONSULTING FIRM ENGAGED BY THE CITY TO CREATE AND ADMINISTER THE 1993-1994 POLICE SERGEANTS' PROMOTIONAL, TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES TO THE CITY OF MIAMI BY POLICE OFFICERS WHO ALLEGED THAT THE ORAL PORTION OF SAID PROMOTIONAL EXAMINATION WAS FLAWED. , Chairman Plummer: Item 31, which is suing the company who caused all of that damage, according... Commissioner Sanchez: So moved. Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Commissioner Regalado: Wait, wait. Question 90 May 11, 1999 Chairman Plummer: No. Don't move it or just a question?, Commissioner Regalado: I don't move it because I have a question. Chairman Plummer: You do not move it. Do we have a second? Commissioner Teele: I would hope this thing would die on the vine. I mean, look... Chairman Plummer: Excuse me. Before we go into that, is there a second to the motion? Is there a second to the motion? Commissioner Regalado: I will second. Chairman Plummer: Seconded for discussion by Regalado. Question. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I am very concerned when we start hiring lawyers to go out and sue people based upon a decision that the administration made. Now, we may have relied upon an expert but, as you know, when you go out and hire an expert, you're not required to take his advice or her advice. I think this is a very dangerous precedent. I was concerned about the lawsuit -about painting or something, you know, which is clear that something was done wrong but when you start talking about advice that someone gives you, this is a very gray area and I can't see why we're going to waste taxpayer money trying to chase down some professional. This guy's probably some Ph.D. egghead. 1 don't know who he is or who she is but 1 can tell you this, whoever selected the person should be the name that should be up here on the — because this person was not -- whoever he was or she was — we selected them, the Commission and the Manager selected them. Are we going to fire the person who recommended or the panel that evaluated these people and recommended this expert? I don't think so. You know, in the normal course of business, in the normal course of business, if you hire an expert and get bad advice, you don't turn around and sue them. You just don't hire that expert again. And I don't understand why we're going to start chasing behind — I mean, we -- when you look at the amount of money that we have spent in legal fees, since I've been here, we have spent probably close to two million dollars ($2,000,000) between Clarence Dixon and — on both sides of the issue, between -- what was the other police chief? You know, we're settling up something now. I think we need to say we made some mistakes; close the book; don't hire this person again. I don't who he is or she is. Have no issue with the person. But government should not be in the business of suing people unless they defrauded us or they did something wrong. Just in a commercial transaction, there is a term, "let the buyer beware." We bought the services. If we bought bad services, then we need to look at how we bought those services and don't let that happen again. But suing the person, we -- this government is a little bit — I'm telling you, it's getting scary, what the City of Miami is becoming. We're investigating people. We're suing people. We need to slow down. Chairman Plummer: Mr. Regalado.. Commissioner Regalado: Well, I think that Commissioner Teele has said what I basically wanted to say Chairman Plummer: All right. Mr. Sanchez. Commissioner Sanchez: Mr. Chairman,, really, this should not be based on advice. It should be based on services and to the point where we must hold people accountable. Yes, the service was provided. I think it was a bad service. They sue us all the time when we do it. When we select somebody else and something goes wrong, they end up suing us. So, here's a chance for the City of Miami to sue somebody who gave us bad service and that was not determined by this Commission or anybody standing out here. It was determined by the courts. And on the facts, which should only be discussed, the facts, it is my 91 May 11, 1999 understanding that this company or this individual that gave us this service gave us bad service to a certain degree that, in court, could be determined that the individual may not have been of the expertise caliber.. gave us wrong advice, so it's not a matter of advice. It should be on service and it should be our service to turn around and sue people who would guide us on the wrong way, just like they do to us all the time. Chairman Plummer: Mr. Gort. Vice Chairman Gort: What does the attorney offer? Mr. Vilarello: Pardon me? Vice Chairman Gort: What are you recommending? Mr. Vilarello: Well, in this case, the service that was provided, a jury in the Manning case determined that that service was provided negligently and, therefore, I've asked, through the authority from this City Commission, to proceed to sustain — litigation against Morrison/McDaniel. Chairman Plummer: Has a price been established on an hourly fee? Vice Chairman Gort: Thank you. Mr. Vilarello: At this time, I intend to handle the matter in-house. Vice.Chairman Gort: Sure. Chairman Plummer: Oh. Vice Chairman Gort: We've got plenty of attorneys. Chairman Plummer: That's great. OK. Commissioner Teele: Mr. Attorney? Chairman Plummer: Mr. Teele. Commissioner Teele: Can you assure this Commission that we will not be countersued in that any jury, if this were to go to a jury, has a right to look at .issues in which we may have contributed in and, to my knowledge, an expert never makes a decision. He only provides advice. Now, we can sue on the fact that the advice was not... Mr. Vilarello: This litigation would be in the nature of a contribution or indemnity claim. The City's been damaged. At this point, the City's been damaged in the amount of four hundred and forty-seven thousand dollars ($447,000). The experts in this case has not been damaged. Having said that, 1 cannot assure you that we won't have a countersuit against us. Chairman Plummer: All right. Mr. Vilarello: I don't see a basis for it. However, I cannot assure you that we won't. Chairman Plummer: Our in-house legal expert, Mr. Boom -Boom. Mr. Gonzalez-Goenaga: Well, no I am not an expert. I want to clarify that. But following the line of thinking that I've been hearing from my representatives is the City has been damaged. Can you imagine how much the citizens of Miami have been damaged over and over and over for years from previous administration, from Xavier Suarez, from Ceasar Odio? Now, are you telling me that we will be able to sue them and, on top of that, he gets -- Mr. Odio, for example, gets a pension for life? Come on, babies. Think 92 May 11, 1999 twice before you speak. Chairman Plummer: All right. Thank you, sir. Call the roll because 1 think this is going to be a split vote. First one of the day. [COMMENTS MADE DURING ROLL CALL] Chairman Plummer: Proceed with the suit. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-336 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED, INCLUDING THE ENGAGEMENT OF LEGAL COUNSEL, AGAINST MORRIS & MCDANIEL, A CONSULTING FIRM ENGAGED BY THE CITY TO CREATE AND ADMINISTER THE 1993-1994 POLICE SERGEANTS' PROMOTIONAL EXAMINATION TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI, INCLUDING BUT NOT LIMITED TO ANY INVESTIGATION, NOTICE OR OTHER ACTION AUTHORIZED BY LAW OR IN EQUITY; TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES TO THE CITY OF MIAMI CAUSED IN ANY WAY BY ANY PARTY WHICH MAY HAVE BEEN SUSTAINED AGAINST THE CITY OF MIAMI BY POLICE OFFICERS WHO ALLEGED THAT THE ORAL PORTION OF SAID PROMOTIONAL EXAMINATION WAS FLAWED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. ABSENT: None. 39. AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, WITH RETIRED JUDGE EDWARD H. SWANKO, TO SERVE AS HEARING OFFICER FOR THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") OFFICE AND PRESIDE OVER SOLID WASTE SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS, RENDER WRITTEN FINDINGS AND RULINGS ($20,000). Chairman Plummer: Item 32. Professional Agreement to hire Judge Edward Swanko for 20,000. Commissioner Teele: So moved. Chairman Plummer: Moved by Teele. 93 May 11, 1999 Vice Chairman Gort: Second. Chairman Plummer: Seconded by Gort. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-337 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH RETIRED JUDGE EDWARD H. SWANKO, TO SERVE AS HEARING OFFICER FOR THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") OFFICE AND PRESIDE OVER SOLID WASTE SANITATION CODE ENFORCEMENT HEARINGS AND PROCEEDINGS, RENDER WRITTEN FINDINGS AND RULINGS, IN AN AMOUNT NOT TO EXCEED $20,000, ON AN AS -NEEDED BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR ("NET"); ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. . 145001.251113.2.270. (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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 40. (A)STATUS REPORT OF UPPER EASTSIDE NET SERVICE CENTER; (B) COMMENTS re AIRPORT NOISE / FLIGHT PATTERNS (C) ANNOUNCE OPENING OF LITTLE HAITI NET. Chairman Plummer: Item 33 has been deferred, am I correct? That is correct. Item 34, NET (Neighborhood Enhancement Team) Services, quality of life in their service areas. Mr. Manager? Hello? Mr. Donald Warshaw (City Manager): Commissioner, we're going to begin today a series of presentations about some of the successes and problems and issues... Chairman Plummer: All right. Hold on, hold on. Is anyone here in the audience here on this issue of the NET offices? OK. You are. That's fine. And you can wait.. What are you folks here on? Hello? Are you here on another issue? You're just here because television was broken? All right. No, I was just trying to accommodate the public. Mr. Flanders, why don't you come up front and get a front seat pew up here. There's no extra charge. All right. How long is this going to take? 94 May 11, 1999 Mr. Fred Fernandez: Thirty minutes. Chairman Plummer: How much? Mr. Fernandez: Thirty minutes. Chairman Plummer: Ten minutes? Mr. Fernandez: Thirty. Thirty minutes. Chairman Plummer: No, ten. Mr. Warshaw: Before you get started, let me just say as a way of introduction... Chairman Plummer: Excuse me. No. All kidding aside, I want a 10 minute presentation and then give them the opportunity to ask any questions they want and that will take it out to 30. Mr. Warshaw: Commissioners, you placed a very high priority on the administration to clean up, straighten up, staff up the NET offices. So, what we're doing today is the first of what we hope will be a continuous presentation of information about what we're doing so you can get a look at it, make your comments, suggestions, questions, and input. Chairman Plummer: Are you going to do this by NET office? Mr. Warshaw: By NET office. Chairman Plummer: One at a time? Is that what you're... Mr. Warshaw: That's correct. Chairman Plummer: And so you picked on mine first? Mr. Warshaw: Yes, sir. Chairman Plummer: OK. Mr. Warshaw: It was a random selection. Chairman Plummer: Can I first say to you and to my colleagues,-- I don't have to say it to Teele because he was there. Mr. Manager, I think that we would like to bring here for a Certificate of Appreciation, the gentleman who has now Soyka Restaurant. Let me tell you something. That man has a one-man band taken and been a tremendous mover of that particular area, and I think that not only did we present him with a proclamation but I think we should have him here before this Commission to give him a Certificate of Appreciation for what he has done and hope that he would continue to do. Mr. Warshaw: I'll arrange it. Chairman Plummer: So, that's in this particular district. Now, the Legion Park. Mr. Flanders, there was supposed to be to -- I was told to tell you that there was a thing that was supposed to be on Legion Park today, has been put over until June. You have some kind of thing in Legion Park. It will be in June. OK. Proceed, sir. Mr. Fred Fernandez: Commissioners, Mr. Chairman, I'd like to introduce first my staff and... Chairman Plummer: No, no. First, you introduce yourself. 1 95 May 11, 1999 Mr. Fernandez: I'm sorry. Fred Fernandez, Administrator, Upper Eastside NET. I have here my code enforcement inspector, Lisette Herrera, Emilio Pellicer. Also have here my two inner officers working in the area, the lieutenant, Sabastian Aguirre is in New York today. He's not been able to be here. Sharon Manning and Frederica Burden.. Also, we have the Major here, Major Darling, you know. assisting us during the day. Chairman Plummer: Now, before you proceed, why don't you give everybody an outline as to what is your district and how far it goes. Mr. Fernandez: We're going to provide you with a little package that we prepared for this and, beside that, we're going to give you the boundaries. As you can see in that map, the boundaries go from Northeast 37th to 87th Street, between the FEC (Florida East Coast right-of-way to the Biscayne Bay. The area is around 1.96 square mile. Sixteen thousand residents live in the area. And there are about nine hundred — 790 businesses in the area. We have basically three commercial corridors, Biscayne Boulevard, Northeast 79th Street, and Northeast 4th Court. Basically, the area is single family residential area. We have 14 homeowner's organization in the area and we have also 14 neighborhood areas that encompass, you know, the Upper Eastside and, Biscayne Boulevard. In the package that you are going to receive right now, you have the activities that we were involved in the last four months. Also, you are receiving a profile of the area. The goals for the 1999 and also what we accomplished last year. You have any — also, you're going to receive statistical information on the crime in the Upper Eastside areas. We are open for questions. I know that you gave us 10 minutes in order to provide any answers, you know, of your question. Also, we have some resident that would like to make any statement, after we finish. Chairman Plummer: I only was kidding about 10 minutes because you normally run over. Vice Chairman Gort: Yeah, but I have to leave at 4:30. Chairman Plummer: Yeah, Mr. Gort has to leave by four. I really don't have any questions. I want to tell you, I am proud of the NET office in that particular area. You've done a very good job. The Upper Eastside is moving up and I want to tell you something, your participation with them has been very good. Legion Park is really doing well. The one thing I think that we really need to put some emphasis on, to me it's not utilized, is Morningside Park. Morningside Park is just one of the prettiest pieces of property that we have. I think the Boulevard, which you should be speaking about for the people here on this dais, the State of Florida is going to be redoing the Biscayne Boulevard from 37th all the way up, and I think that is something. The only area that I find troublesome for more need of addressing is the 79th Street area in and around the shopping centers. Unfortunately, a great number of those businesses have not done well or have gone under, and I think that that is something that we have got to definitely work on. It is something that needs our attention. Not to slight anybody else. To keep up the good work that you're doing elsewhere, but I think that particular area needs that attention. Mr. Fernandez: Mr. Chairman, last December we started with the enforcement of the exterior facade codes and we have been able to improve or paint 55 buildings in the area. Along Northeast 4th Court and also along Biscayne Boulevard, there are about 20 new business in the area, including the one that you mentioned before, Mr. Soyka Restaurant, which is not only Mr. Soyka Restaurant. He opened another four business in the area. Chairman Plummer: He also bought a funeral home. Mr. Fernandez: Exactly. I would like to introduce you now, Ms. Burden from the police department. She's going to say something. Chairman Plummer: All right. Ms. Frederica Burden: Hi. Reintroduce myself. I'm Frederica Burden, the Neighborhood Resource Officer for Upper Eastside. And just to let you know the police aspect of the NET in Upper Eastside, we're on 96 May 11, 1999 target as far as our goal -for 98/99. The crime rate has gone down at least 12 percent and we're still targeting our director patrols and watch orders and address any other concerns that they may have to present to us in Upper Eastside. Chairman Plummer: Mr. Manager, is these maps, as we see them here, are Cable 9 able to pick that up where it's sitting there now? You know, I think that we should have the facility of being able to have that on camera. Mr. Warshaw: We can turn it because I know there's a camera on the wall. Chairman Plummer: OK. And I think that this document, which — now know, it's nice for us to have but if the people on Cable 9 could see this, I think they would be very much impressed to know that the crime has gone down overall 12 percent in the area. That's very, very important. Next? She's the.one that always gets me. Put her on. Come on, come on. This is your chance. Ms. Sharon Manning: You and I go way back. Chairman Plummer: Too long. Ms. Manning: Good afternoon. I'm Officer Manning with the City of Miami .Police Department. And like my partner was saying, Officer Burden, I'd also like to iterate that we're in the process of working with NAB to work on another hotel in the area that we had been having problems with. In the past, you know, we closed down Stardust. So, now we're working with another hotel there. We're working with the hotel owners to start and hotel association. We're also working with the homeless advocate to get homeless placed in the area and with the help of Mr. Fernandez, we've been doing pretty well with that. Chairman Plummer: Major. Vice Chairman Gort: Can I ask a question? Chairman Plummer: I'm sorry. Mr. Gort, come back, come back. Vice Chairman Gort: No, no, not of her. In general. Chairman Plummer: OK. Vice Chairman Gort: Now, at one time, way back when people used to use the USl to travel north and south, that's the reason why those motels were built there. There's quite — as a matter of fact, I went through it the other day. Although it's J.L.'s district, I patrol it every once in a while and so on. But I went by and there's a lot of motels in there. Is there any study being done to see what we can do with those motels? What use can we give them. Because let's face it, it's not going to be any tourist there anymore. Can this be converted into single family or condominiums? Mr. Fernandez: What we're doing, Commissioner, is we're visiting each hotel or motel in the area. We are advising the owner what the violation that they have. Also, we provide assistance for the facade program. That mean they can apply in order to paint the building. And, also, if they need more funding, you know, to improve the building, we are referring there to Miami Capital. Vice Chairman Gort: No, I understand that. But let's face it, there's not enough clients -- I mean, there's not enough tourists go into that area. Mr. Fernandez: We expect that, with the creation or the opening of the Soyka Restaurant, we already see -- in my office, I receive two or three developers every -week, you know, asking what is happening with the motel that have been closed, abandoned? I mean, we see some movement in that direction. Chairman Plummer: OK. Major. And I thank you for protecting us the other night at the opening of the 97 May 11, 1999 restaurant. Major Gerald Lidarlias: You're welcome. One other benefit that we have as a result of what's been going on in the Upper Eastside is in the reduction of calls for service. We've been able to implement something where the officers can take what we call a "Signal 50" and do intensive enforcement up and down the boulevard. The visibility of police officers up and down Biscayne Boulevard has increased and they're dealing with the chronic problem that we have with prostitutes and some undesirables that like to hang out on the Boulevard. So, we're addressing that. They are making a big impact. And we're concentrating on taking this on to the 79th Street area also and to'that corridor. So, we'll have the intensive enforcement in and around that area and the area should have a dramatic, dramatic improvement. Chairman Plummer: OK. Let me tell you what I brought out the other day at Code Enforcement, and it applies up to you and every NET office and that is that these signs that are being nailed up to trees, the signs that are being just everywhere that you turn around, I want those signs to be taken down. I want them to be taken to code enforcement. I think those people should be fined for taking and destroying our trees and cluttering our landscape. And so I have asked the Manager -to do every NET office, that they should be removing those signs. I know you can't do it on private property but you can sure get them for not having a permit on private property. So, all I'm saying is, I think it's something that was brought out at the townhall meeting in Coconut Grove but it applies citywide. Junk cars. We buy junk cars. You know what, it's got a Coral Gables address on it, not a City of Miami. So, I hope you'll address that problem and when I come up there tomorrow, I won't find any at all. None. Mr. Fernandez: OK. I would like to just introduce Mr. Flanders from the Upper Eastside Miami Council. Also, we have Deana Ponso, Mr. McCoy... Chairman Plummer: We got the real McCoy. Mr. Fernandez: ...from Momingside. And Diana Panso from Bayside. And, as I said, Mr. Flanders from the Upper Eastside Miami Council. Chairman Plummer: Nobody from Belle Mead? Mr. Fernandez: I was expecting somebody but ... oh, yeah, we have some from Shorecrest also. Chairman Plummer: Yeah. Mr. Bob Flanders: Well, good afternoon, City Commissioners. It's always a pleasure to be in front of you and the City Manager and our wonderful police department. My name is Bob Flanders and for the last 18 years I've lived at 720 Palm Bay Lane in Miami. I am President of the Palm Bay Towers. I'm also a co-founder and vice president of the Upper Eastside Miami Council, the umbrella organization of area homeowner's associations. The Upper Eastside Miami Council's focus is the physical and economic revitalization of Biscayne Boulevard, the gateway to Miami. Speaking for both organizations, we want you to know that we wholeheartedly support the NET office concept as part of our vision for Miami's successful future. Our support is based on our good, long term, personal working relationships with all of our Upper Eastside NET administrators. First, Ana Gelabert-Sanchez, then Neyda Galvez, and now Fred Fernandez. These competent and visionary NET administrators are personally responsible for the Upper Eastside's current revival. They did it by creating a strong public/private partnership with the Upper Eastside residents. The council was a positive result of the Upper Eastside NET Citizen's Advisory Committee that Neyda Galvez created three years ago. As former speaker of the House, Tip O'Neil, used to say, "all politics is local." This is certainly true with effective building and zoning code enforcement; good community, oriented policing; efficient solid waste collection, and proper sewage drainage. Did 1 leave anything out? These are the fundamental grassroots issues that impact all of Miami's citizens and they are the day-to-day basics of operating a City. This is what our NET does for us but that's not all. Our NET also provides vision. In 1995, thanks to NET administrator Ana Gelabert-Sanchez's initiative, the Florida Department of Transportation created the Biscayne Boulevard Improvement Project, which was fully funded at last December's Metropolitan Planning Organization meeting. It is the corner stone of the City of Miami's 98 May 11, 1999 Upper Eastside master plan for economic redevelopment of the long beleaguered boulevard. In 1992 the Upper Eastside residents recognized that we needed to stop doing business as usual. It wasn't working for us. We embraced the NET, little City Hall concept from the beginning. In fact, our NET office was built with private funds that were raised in our neighborhood and it certainly has been worth while. Today, our NET's efforts and vision are shared and supported citywide by Mayor Carollo, Commissioner Plummer, City Manager Donald Warshaw, Police Chief O'Brien, Park's Director Ruder, Public Work's Director, Jim Kay, and their staffs. Our neighborhoods' agenda to improve Biscayne Boulevard and the surrounding community continues to be successful. Thanks to our joint collaboration,- Miami's Upper Eastside is enjoying a remarkable renaissance with promising new business, rising property values, and a better quality of life for all of the community's residents. For this, we are very grateful and we thank our NET. Thank - you. Chairman Plummer: Mr. Flanders, let me tell you what you should have added to that presentation. In the past 10 days I've had the opportunity to go first to the new mini park in Belle Meade for, first, the dedication of that park and, second of all, to a barbecue there last Sunday. Where everybody else went to the ground breaking, I went to both. I also, in the same day, went to the dedication of the Baywalk at the end of 71 st Street. These are two parks that are going to be enjoyed by the people because they're now under City maintenance and City operation and City upkeep. So, these are two things that I think that the people up there need to know about and it's something that we should be proud of. Mr. Flanders: Thank you, Commissioner. Chairman Plummer: Mr. McCoy. You know that the airplane noise has been rescheduled? Mr. Patrick McCoy: Yes, May 26, six o'clock in the chambers. Chairman Plummer: I'll be there. Mr. McCoy: Good. Chairman Plummer: Mr. Regalado, are you aware? Commissioner Regalado: I'm sorry? Chairman Plummer: The airplane noise ordinance in the County is now on the 26th, at six o'clock. Commissioner Regalado: Yeah, I know. I know about that. I'm concerned, though, that, as it is, it is not as we wanted, the 24 hour... Chairman Plummer: OK. We can comment to that later. Let's get finished with the NET office first. Commissioner Regalado: But I just want to be on the record that I think that we need to get some people in the County do defer until they bring the 24 hour flight pattern. Chairman Plummer: All right. We'll discuss that. Mr. McCoy. Mr. McCoy: My name is Patrick McCoy. I live at 679 Northeast 58th Street in the City of Miami and I'm currently President of the Morningside Civic Association. Very quickly, I just want to say that the NET office for us residents, people who don't have access to City Commissioners and people who make decisions, it's our only point of reference: It's the way we address this City when we have problems. I've been a fan of this City and I've been a critic of this City but I've got to tell you, under Mr. Warshaw's leadership of the administration and with the NET concept as it is, which 1 think hasn't quite yet matured but it's certainly making great strides and changes in the community, has done a wonderful job and is doing a wonderful job and we're just very pleased and 1 hope that you will continue to support it and make it better. Chairman Plummer: Thank you, sir. I don't want to drag this out now because Mr. Gort has to leave in 15 99 May 11, 1999 minutes so... Mr. Fernandez: I have Deana Ponso. Chairman Plummer: Please. Mr. Fernandez: Very briefly. Chairman Plummer: OK. Mr. Fernandez: And George Zuloaga from Shorecrest. Chairman Plummer: OK. Ms. Deana Ponso: Hi. I'm Deana Ponso and I live at 622 Northeast 72nd Street and I'm President of Bayside Residents Association. And I made up some key points that we thought the NET office did in our area that were really important. We had the ease and simplicity of conducting some City business. City administrators are more familiar with our local needs and customs, the ability to accomplish tasks quickly and closely and near to our homes and our businesses. Increases accessibility to City government serves as a center of community outreach and education; increases government responsiveness to neighborhood concerns and issues; centralizes and provides a quick response to neighborhood issues; provides a safe space for potential threats; provides information service for City services; brings City government down to a neighborhood level; provides some police services; provides assistance in organizing economic development efforts in the community; registers and purchase certificate of use and occupational licenses; facilitates the monitoring of COAs (Certificate of Occupancy) as they apply in historic districts; provides initial information recourses for crime watch programs and procedures. It does all those things but, of course, we always want more and so we're asking if we can probably get some additional City — code enforcement inspectors and some additional resources, computers, things like that, that would make our job a little easier. Chairman Plummer: You'll be happy to know that, under the lot clearing program, there are 27 new inspectors. — - Ms. Ponso: Thank you. Chairman Plummer: And they will be added to all of the NET offices. Not necessarily two to each one but as the need will be, the way they're assigned. That's 27 more. They primarily will be addressing lot clearing, abandoned automobiles, illegal dumping, and unsafe structures. Ms. Ponso: Thank you. Chairman Plummer: But they will be able to address other matters and bring it to the attention of the inspectors that are already in the NET offices. You did not mention at the Baywalk dedication that they had pictures that go back to the early 20s of every part of downtown and every part of that area up there. They were unbelievable. They were very nice. Ms. Ponso: Good. Thank you. Chairman Plummer: The cookies weren't bad either. Ms. Ponso: Thanks. Mr. Fernandez: George Zuloaga from Shorecrest. Chairman Plummer: The NET computers were approved today, according to the City Manager. 100 May 11, 1999 Mr. George Zuloaga: Hi. Good afternoon. My name is George Zuloaga and I live at 8040 Northeast 8th Court. I'd like to specially thank the efforts of Fred Fernandez and NROs (Neighborhood Resource Officer) and Lieutenant Aguirre. Within the last, 1'd say two years, specially Shorecrest has been blossoming and all of our neighbors -- all of my neighbors and a lot of other individuals from outside the community have given us feedback of how nice the neighborhoods are beginning to look and improve. 1 believe the NET office is just a wonderful tool for us to have quick access to the City and the City officials and to get items resolved in a quick fashion, rather than have to go through the quagmire of City Hall, which is quite difficult to get to. I'd also like to bring focus to two issues that are still very poignant to our community. Number one issue is, as already been mentioned, which is 79th Street corridor. I, who live two blocks away from that, have noticed that that area is really in bad shape. Chairman Plummer: Say again. Mr. Zuloaga: Seventy-ninth Street corridor from Biscayne Boulevard. Chairman Plummer: I was just talking about that. Mr. Zuloaga: East and west. If you drive by there -- and I think you have — there's a lot of businesses that are defunct and a lot of storefronts that are empty, and a place for a lot of not -so -good individuals to hang out. So, although, I see the crime rate has been lowered by 12 percent, I don't think that is really attributed to my end of the woods. So, I'd like to bring attention to that also. The other issue that is a big concern to us in our community is the 8101 Biscayne Boulevard bank building. That's a building that's been abandoned for a very, very long time. It's a building that attracts homeless and attracts people to just camp out there, and that is one thing that I can't — I have not seen an improvement in the last couple of years, so I'd like to bring attention to that matter. Chairman Plummer: We'll see if we can't do something on it. Mr. Zuloaga: Thank you very much. Chairman Plummer: Thank you, sir. Oh, no. Oh, yes. Mr. Manuel Gonzalez-Goenaga: Well, I have never been consulted in ways to improve the quality of life in whatever NET areas are. But off the tip of my mind... Chairman Plummer: Fred, you have anything else? Mr. Gonzalez-Goenaga: ...I am going to suggest — and I'll be willing to donate a bumper sticker that will say, "If you don't like Miami, leave it." Chairman Plummer: And go to Puerto Rico. Mr. Gonzalez-Goenaga: No, no, no, I didn't say that. Chairman Plummer: No? OK. All right, all right. What else? Mr. Fernandez: That's it, Commissioner. Chairman Plummer: OK. Let us thank all of you for being here and the people that have come to support you. You don't get a raise this month. Maybe in October. Thank all of you for being here. OK. We're now going into appointments. Commissioner Teele: Mr. Chairman, before you leave... Chairman Plummer: Mr. Teele. 101 May 11, 1999 Commissioner Teele: Before you leave the NET office... Chairman Plummer: Yes, sir. I'm sorry. Commissioner Teele: ...I just want to commend you for really working with the community and 1 think it's really evident that when things are going well, it's easy to get along and the Upper Eastside hasn't always had this level of support and I know that Manager Warshaw and his deputy or his assistant, Martinez. and the NET staff deserve a lot of credit, but I think it would be remised if we didn't recognize the leadership that you're providing. It may be of some interest'to the Upper Eastside to note that, on this Friday, at 3:00, the Little Haiti NET office will finally have it's NET office. It has not had an official NET office since the inception of NET, and it's been working out of the fire station in quarters that I think everyone knows the police don't even have a file cabinet there. So, again, we're making a lot of progress. That's going to be on the corner of 78th Street and 2nd Avenue, 7815 Northeast 2nd Avenue. But, Mr. Manager, again, I commend you and the NET process, and I just want to urge you to continue to give them more — give the NET offices more resources, the computers, the telephones, the personnel support that's necessary because this is a citywide problem and I do think that Commissioner Plummer has been breathing in your ear about his NET offices quite a bit and it's self-evident. And I commend you, Commissioner Plummer. Chairman Plummer: Thank you, sir. And I can't take all the credit. Martha Martinez Aleman and Greicy have been in that area and stay in that area and they represent me at all times and constantly writing notes. Constantly writing notes. OK. You know, Mr. Teele, while we have cameras on NET 9 — Mr. Manager, you know, somebody out there might be listening who has some filing cabinets and some furniture that might want to donate them for the Little Haiti office. So, would they call your office if they have donations? Mr. Warshaw: Absolutely. Chairman Plummer: Mr. Teele, I think, if maybe we can get some -donations for those filing cabinets, it sure wouldn't hurt anything. Appointments. We're now starting with Item 35. Vice Chairman Gort: Mr. Chairman? Commissioner Teele: Mr. Chairman... Vice Chairman Gort: I apologize. Commissioner Teele: ...could Commissioner Gort give his pocket items and everything, before he leaves? Chairman Plummer: That's what I trying to get to now. Vice Chairman Gort: I don't have any pocket items. I have one item in there, which is a regular, and it will be for the next six months. I have my appointments. I think, what you recall — what you're calling for today is for the appointments of all those boards, and 1 want to reappoint the same people. Can I leave this with you? Chairman Plummer: I'll read them into the record. Vice Chairman Gort: And I apologize, gentlemen, but I have to go. Thank -you. Chairman Plummer: All right. So, now, Mr. Gort, just for everybody's edification, our next meeting will be -June the 8th, a double meeting, so that everybody is fully understood where we're going. [AT THIS POINT, VICE CHAIRMAN GOR LEFT THE COMMISSION CHAMBERS AT 3:55 PM] Note for the Record: Item 35 was deferred until next regularly scheduled Commission Meeting. 102 May 11, 1999 Chairman Plummer: The first is Code Enforcement. Mr. Sanchez. Commissioner Sanchez: Defer at this time, Mr. Chairman. Chairman Plummer: I'm sorry? Commissioner Sanchez: Defer at this time. Chairman Plummer: Defer at this time. Mr. Regalado? Commissioner Regalado: I will defer for next meeting. Chairman Plummer: Move to defer. Commissioners At Large. Mr. Walter Foeman (City Clerk): Mr. Chairman, excuse me. I'd like to defer that part of it too. Chairman Plummer: All right. Mr. Foeman: We have a pending legal opinion from the Law Department. Chairman Plummer: It's deferred until the next meeting. We've got to quit this, I've got to tell you. 41. APPOINT MEMBERS OF AFFIRMATIVE ACTION ADVISORY BOARD: Sabrina Buie, Ricardo Core, Nora Hernandez -Hendrix, Edward Pidermann. Chairman Plummer: Affirmative Action. I have two appointments. Sabrina Bouie, Executive Director of Bellefonte Tacolsy (phonetic), and Dr. Larry Pierre, Center for Haitian Studies, are my appointees. Mr. Sanchez. Commissioner Sanchez: Who do I have there, Mr. Clerk? Mr. Walter Foeman (City Clerk):. Ivan Barret was the former person to serve. He's the incumbent. He was appointed by former Commissioner. Commissioner Sanchez: Defer my vote at this time. Chairman Plummer: Mr. Regalado. Commissioner Regalado: Ricardo Core. Chainnan Plummer: Mr. Teele? Commissioner Teele: Which one is that? Chairman Plummer: Affirmative Action. Mr. Foeman: Charles Flowers was your appointee, and he was excessively absent. You can reappoint him with four/fifths vote. Commissioner Teele: All right. I'm going to pass on that. I'm going to talk to him. Chairman Plummer: Mr. Gort is showing two names here, but he only has one appointment. I will defer it because I don't know which one of the two he wants. The International Firefighters have recommended Edward Piderman. Commissioner Teele: So moved. 103 May 11, 1999 Chairman Plummer: All right. All in favor of the names proffered, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show none. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-338 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS- AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) . Upon being seconded by Commissioner 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: I None. ABSENT: Vice Chairman Wifredo Gort 42. APPOINT MEMBERS OF THE HEALTH FACILITIES AUTHORITY: Rosie Molina, Rudolph Moise. Chairman Plummer: Item 37, Health Advisory Facilities. Mr. Sanchez. Commissioner Sanchez: Mr. Chairman, City Clerk, I would like to nominate Dr. Rosie Molina. Chairman Plummer: Mr. Teele. Commissioner Teele: And Dr. Rudy Moise. Chairman Plummer: All in favor of the names proffered, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. Thirty-eight. Mr. Walter Foeman (City Clerk): Excuse me. Mr. Chairman? Commissioner Sanchez: City.Clerk. Mr. Foeman: I just wanted to say that this is a state statutory board and the residency issue must be complied with. Commissioner Sanchez: Yes, sir. Yes, sir. 104 - May 11, 1999 The following resolution was introduced by Commissioner. Sanchez, who moved its adoption: RESOLUTION NO. 99-339 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort Chairman Plummer: All right. And, Mr. Clerk, for the rest of all of these appointments, show the motions being made by Sanchez and Commission by— seconded by Regalado. 43. APPOINT TODD TRAGASH AS ALTERNATE MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD. Chairman Plummer: We're now on Item 38. Urban Development Review. Nominated Landscape Architect and I have one. Mine is Todd Tragash, 3526 North Miami Avenue. Does anybody have a nomination for the Landscape Architect? Deferred until the next meeting. All in favor of the names proffered, 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. 99-340 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS AN ALTERNATE MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. 105 May 11, 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 44. NOMINATE MEMBERS TO REPRESENT ALLAPATTAH, MODEL CITY, LITTLE HAVANA AND WYNWOOD ON THE FEDERAL ENTERPRISE COMMUNITY COUNCIL: (FOR ALLAPATTAH: Maria Dellutri, Albena Sumner, Mariano Cruz, Ruben Valdez; FOR MODEL CITY: Alberta Jenkins, Herschel Haynes, Richard Dunn, FOR WYNWOOD: Ralph Packingham, Fr. Jose Luis Menendez; FOR LITTLE HAVANA: Bobby Cruz, Ibis Guiness.). Chairman Plummer: The next is the Federal Enterprise Community Council. Let me, if I may, first read Mr. Gort's. The first for Allapattah is Albena Summer. Mr. Walter Foeman (City Clerk): Mr. Chairman? Chairman Plummer: Wait a minute. Mr. Gort has given me a list here of five names for Allapattah; two names for Model Cities; four names for Wynwood, and two for Little Havana, and he only gives one in each. Mr. Foeman: Yeah. The Commissioner has two options, either they can reappoint the incumbents that are on here on the list that I passed, out, or they can nominate one nominee per area. So, I guess we should go the respective areas. The first nomination for Allapattah, you can just state what that is. Chairman Plummer: All right. Allapattah. Mr. Foeman: The incumbent was Johnny Matthews. His term has expired. He's only attended one meeting since the inception. Chairman Plummer: All right. We're doing Allapattah. Sanchez. Commissioner Sanchez: Allapattah. I'd like to nominate Mariano Cruz. Chairman Plummer: Teele. Commissioner Teele: Pass. Chairman Plummer: OK. Regalado. Commissioner Regalado: Ruben Valdez, Allapattah. Chairman Plummer: I nominate Maria Dellutri. Saul's Abatement Corporation. All right. Any for Model Cities? Anybody. Commissioner Sanchez: Model City? V 106 May 11, 1999 Chairman Plummer: Yes. Commissioner Sanchez: Herschel Haynes. Chairman Plummer: Anybody else? Commissioner Teele: Richard Dunn. Chairman Plummer: Anyone else? All -- we'll move on to Wynwood. Anybody for Wvnwood? Commissioner Regalado: Yes, I have one. Chairman Plummer: Go ahead. Commissioner Regalado: Father Jose Luis Menendez. Chairmen Plummer: Teele? Commissioner Teele: Ralph Packingham. Chairman Plummer: Sanchez? Commissioner Sanchez: Pass. Chairman Plummer: Pass. Gort does not show one here. Wait a minute. This is for Wynwood. He's got one, two, three, four and that's the problem. Mr. Foeman: No. He can only have one per area. Chairman Plummer: Yeah. Well, then... Commissioner Sanchez: Pick one for him. Mr. Foeman: That's what the ordinance... Chairman Plummer: ...I'm going to have to defer his out because I can't -- I'm not going to make the selection for him. Mr. Foeman: Yes. He had indicated he wanted to reappoint who he had previously. Chairman Plummer: Who did he have? Mr. Foeman: Well, I'd have to check, Commissioner, and see. Chairman Plummer: Well, if he suggested that, then that's who we'll do. Little Havana. Gort? He has two names here. Sanchez? Commissioner Sanchez: Ibis Guiness. Chairman Plummer: Regalado. Little Havana. Commissioner Regalado: I'll defer. Chairman Plummer: Teele. Commissioner Teele: Defer. N 107 May 11, 1999 Chairman Plummer: OK. In reference to the Federal Enterprise Community Council, all names that have been proffered, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposed? Show unanimous. Commissioner Teele: Mr. Attorney? Chairman Plummer: Mr. Attorney. Commissioner Teele: Madam Attorney? Chairman Plummer:. Madam Attorney. Commissioner Teele: Why does in Overtown — I mean, the Enterprise Community consist of Overtown as well? would you check on that, please, and just get back to us? Ms. Maria Chiaro: Yes, I will. Chairman Plummer: Why it's not, OK? Commissioner Teele: Why that area is not included. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-341 A RESOLUTION OF THE MIAMI CITY COMMISSION NOMINATING CERTAIN INDIVIDUALS TO REPRESENT THE NEIGHBORHOODS OF ALLAPATTAH, MODEL CITY, LITTLE HAVANA AND WYNWOOD ON THE FEDERAL ENTERPRISE COMMUNITY COUNCIL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort Chairman Plummer: All right. Item 40, the Finance Committee. Commissioner Teele? Mr. Walter Foeman (City Clerk): Commissioner, I can address that. The term hasn't expired. Overtown had two appointments on it as well. The current appointee to Overtown. is... Commissioner Teele: Term hadn't expired? 108 May 11, 1999 Mr. Foeman: ...Charles Flowers is one appointee. His term expires March of 2000. Commissioner Teele: All right. Note for the Record: Item 40 was deferred. Chairman Plummer: All right. Finance Committee. Commissioner Teele. Commissioner Teele: No. My recommendation resigned. Chairman Plummer: All eight. You're deferring? Commissioner Teele: I'm deferring. Chairman Plummer: And did the Mayor proffer any names? Did anybody get any numbers -- names? OK. So, that will be moved over to the next... 45. APPOINT MEMBERS OF THE COMMUNITY RELATIONS BOARD: Richard Bennett. Chairman Plummer: Community Relations Board. Carollo has two. Teele, you have two. And one on the Steering Committee. Do you have any names? Commissioner Teele: Not at this time. Chairman Plummer: All right. Commissioner Teele: Waiting on a recommendation. Chairman Plummer: Carollo has two and one on the Steering Board. Gort, did he name anybody? Well, he's named. two names again. I don't know what to do. Commissioner Teele: Who are his two? Chairman Plummer: His two are the two heads of the Unions, Tony Rodriguez and Tom Gabriel. Mr. Walter Foeman (City Clerk): He has one appointment to the Steering Committee. Chairman Plummer: Huh? Mr. Foeman: He's entitled to one appointment to the Steering Committee. Chairman Plummer: My nomination is Richard Bennett. Reverend Richard Bennett, 6801 Northwest 15th Avenue, Miami. Mr. Foeman: OK. This is for the regular appointee position. Chairman Plummer: That's mine. And my other appointee was Pat Tornello. OK. All in favor of the names proffered, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. 109 May 11, 1999 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-342 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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 46. APPOINT MEMBERS OF THE PLANNING ADVISORY BOARD: Jesus Casanova, J. G. Ferguson. Chairman Plummer: The next board, the Planning Advisory Board. Gort. Planning Advisory Board — can you read that? I can't read it. Mr. Walter Foeman (City Clerk): He had previously appointed Jesus Casanova. Chairman Plummer: All right. He says here, already appointed. Mr. Foeman: Jesus Casanova was the incumbent. He reapplied. This is an application board. Chairman Plummer: All right. Mr. Teele. Commissioner Teele: Reappoint J.G. Ferguson. Chairman Plummer: All in favor of the names proffered, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposed? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-343 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN .INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. t 110 May 11, 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 47. DEFER CONSIDERATION OF APPOINTMENTS OF MEMBERS OF THE ZONING BOARD. Chairman Plummer: Zoning Board. I'll defer mine. Teele. Commissioner Teele: Ricardo Ruiz. Chairman Plummer: All in favor of the names proffered, say "aye." Mr. Walter Foeman (City Clerk): Excuse me. He hasn't submitted an application. Chairman Plummer: All right. It's deferred, and let him resubmit. No names on that one 48. APPOINT MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE: Mary Ann David, Steve Kneapler, Stanley Gettis, Manolo Reyes, Joe Celestin. Chairman Plummer: Budget and Finance Review Committee. Gort names Steve Kneapler. Regalado. Commissioner Regalado: Stanley Gettis. Chairman Plummer: Sanchez. Commissioner Sanchez: Who do I have... Chairman Plummer: Hello. Commissioner Sanchez: ...Mr. Clerk? Mr. Walter Foeman (City Clerk): I'm sorry? Commissioner. Sanchez: Budget and Finance, who do I have appointed there? Mr. Foeman: I'll have to check it. Just a minute. Chairman Plummer: Teele. Commissioner Teele: Joe Celestin. Chairman Plummer: And I -- Mary Ann David is mine. Regalado, did you name... Commissioner Regalado: Yes, I did. May 11, 1999 Chairman Plummer: OK. Sanchez. Commissioner Sanchez: We're waiting. Mr. Foeman: Manolo Reyes. You appointed Manolo Reyes. Commissioner Sanchez: Reappoint him. Chairman Plummer: OK. All names proffered, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-344 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BUDGET AND FINANCES REVIEW 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 49. APPOINT MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE: Carolyn Cope, Placido Debesa, Manuel Chamizo, Yves Fortune, Daniel Fils Aime. Chairman Plummer: The next board is Street Designation. My appointment is Carolyn Cope. Mr. Gort does not show anyone here. Oh, yes, he does. Placido de Besa. Commissioner Regalado: Placido. Chairman Plummer: Yes. Commissioner Regalado: It's not Palacio. It's Placido. Chairman Plummer: No. all I know is Maria Cristina.Palacios. OK. Mr. Gort has his. Mr. Sanchez. Commissioner Sanchez: Miami Street, is that where we're at? Chairman Plummer: Yes. Commissioner Sanchez: Manuel Chamizo. 0 112 May 11, 1999 Mr. Walter,Foeman (City Clerk): Yes, that's the incumbent. Chairman Plummer: Mr. Regalado. Commissioner Sanchez: Reappoint him. Commissioner Regalado: Yves Fortune. Chairman Plummer: Mr. Teele. Street Codesignation. Commissioner Teele: Daniel Fils Aime. Chairman Plummer: All names proffered, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-345 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW 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 50. APPOINT MEMBERS OF THE LATIN QUARTER REVIEW BOARD: Hector Gasca, Marcel Navarro, Maria del Carmen Castellanos, David Cabarrocas, Lucrecia Machado, Helena del Monte, Eloy Aparicio, Luis Sabines, Jr., Tessi Garcia, Walter Martinez. Chairman Plummer: All right. The next board is Latin Quarter Review Board. Latin Quarter Review Board. Mine are Hector Gasca and Marcel Navarro. Mr. Gort recommends Maria del Carmen Castellanos and David Cabarrocas, C-A-B-A-R-R-O-C-A-S. Mr. Regalado. Commissioner Regalado: I'll be back. Chairman Plummer: Hello? Commissioner Sanchez: He'll be back. Commissioner Teele: He'll be back. Chairman Plummer: Calling collect. Mr. Sanchez. 113 May 11, 1999 Commissioner Sanchez: Reappointment of Eloy Aparicio and also the reappoinment of Luis Sabines. Jr. Mr. Walter Foeman (City Clerk): I'm sorry. I missed you. Commissioner Sanchez: Both of the reappoint. Mr. Foeman: Reappointment. Chairman Plummer: Mr. Teele. Commissioner Teele: On which one? Chairman Plummer: On Latin Review, Latin Quarter Review. Commissioner Teele: Tessi Garcia and reappoint Walter Martinez. Chairman Plummer: Mr. Regalado. Commissioner Regalado: Yes. Lucrecia Machado and Helena del Monte. Chairman Plummer: All in favor of the names proffered, -say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show none. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-346 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LATIN QUARTER REVIEW BOARD. - (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 114 May 11, 1999 51. APPOINT MEMBERS OF THE INTERNATIONAL TRADE BOARD: Joe Sanchez, Vicky Garcia -Toledo, Rafael Garcia -Toledo, Waldo Castro, Alberto Gongora, Julian Linares, Anselmo Alliegro, Allen Sweeney, Antonio Llano Montes, Raymundo Escarra, Bob Rodriguez, Ralph Arza, Odalys Mons, Najib Tayara, Dwayne Wynn, Denise Barrett. Chairman Plummer: International Trade Board. My recommendations — I've got to turn the page. Vicky Leiva, Rafael Garcia -Toledo and Waldo Castro are mine. Actually reappointments. Mr. Gort recommends Alberto Gongora, Julian Linares and Anselmo Aliegro, A-L-I-E-G-R-O. Mr. Regalado. Commissioner Regalado: I have three appointments? Chairman Plummer: Yes, sir. Commissioner Regalado: Allen Sweeney. Chairman Plummer: Yes, sir. Commissioner Regalado: Antonio Llano Montes, Raymundo Escarra. Chairman Plummer: Very good, sir. Sanchez. Mr. Teele. Commissioner Teele: I would appoint Najib Tayara, reappoint. Dwayne Wynn, reappoint. Denise Barret, new appointment. And recommend, as an At Large appointment, Mr. Despinosse. Chairman Plummer: All right. Mr. Sanchez, your appointment. Commissioner Sanchez: Mr. Chairman, Ralph Ana, reappointment. Mr. Clerk, you ready? Mr. Walter Foeman (City Clerk): Yes. Commissioner Sanchez: Ralph Arza, will be reappointed to that committee. Bob Rodriguez will be reappointed to that committee. And Odalys Mons will be appointed to that committee. Chairman Plummer: All right. All in favor of the names proffered, say "aye." The Commission (Collectively): Aye. The following resolution and motion were introduced by Commissioner Sanchez, who moved their adoption: RESOLUTION NO. 99-347 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE INTERNATIONAL TRADE BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 99-347.1 A MOTION APPOINTING JACQUES DESPINOSSE AS THE AT - LARGE MEMBER OF THE INTERNATIONAL TRADE BOARD. [Note: The Comm i ss ion 'appointed Commissioner Joe Sanchez as the at -large member of the International Trade Board.] V 115 May 11, 1999 Upon being seconded by Commissioner Regalado, the resolution and motion were 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: All right. Mr. Sanchez has requested that he be considered for the position of Chairman of ITB (International Trade Board). Commissioner Teele: I didn't get a memo on it. Chairman Plummer: You didn't need a memo. I move at this time that Mr. Sanchez be made Chairman of ITB. I so move. Commissioner Teele: Second. Commissioner Regalado: OK. I'll second that. Chairman Plummer: Anyway to get rid of him. All in favor of that dirty devil moving over to the other board, say "aye." The Commission (Collectively): ' Aye. Chainnan Plummer: All opposed? That's one way to get rid of him. The following motion was introduced by Chairman Plummer, who moved its adoption: MOTION NO. 99-348 A MOTION APPOINTING COMMISSIONER JOE SANCHEZ AS CHAIRMAN OF THE INTERNATIONAL TRADE 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. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 116 May 11, 1999 i2. APPOINT MEMBERS OF THE NUISANCE ABATEMENT BOARD: Carolyn Cope, Guillermo tevuelta, Monique Taylor, Robert Valledor, James Moss. Chairman Plummer: All right. The next issue. Latin Quarter Review we did. Hold on here. Commissioner Regalado: Nuisance Abatement. Chairman Plummer: Catch up with myself. Nuisance Abatement. Nuisance Abatement. Mine is Carolyn Cope. Mr. Gort, on Nuisance Abatement, Guillermo Revuelta. Mr. Regalado. Commissioner Regalado: Monique Taylor. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Robert Valledor. Valledor. Chairman Plummer: Mr. Teele. Commissioner Teele: Pass. Chairman Plummer: Pass. Commissioner Teele: What number is that? Commissioner Sanchez: Forty-eight. Chairman Plummer: All in favor of the names proffered be accepted, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposed? Show unanimous. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: On Nuisance Abatement, I would like to reappoint Mr. James Moss. Chairman Plummer: So be it. It's done. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.. 99-349 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD. 4 117 May 11, 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 53. APPOINT MEMBER OF THE WATERFRONT ADVISORY BOARD: John Brennan, Richard Bunnell, Jose Comas, Stuart Sorg, Jack King, Marianne Salazar, Paul George, Robert Parente, James Wellington, Ernie Martin, Robert Graniff. Chairman Plummer: We're now on Waterfront Advisory Board. I'm putting Richard — John Brennan and Richard Bunnell, and I ask for consideration on the At Large for Robert Graniff, who I think all of you know very, very well. Mr. Gort has recommended Jose Comas and Stuart Sorg. Mr. Regalado. Commissioner Regalado: Jack King, Marianne Salazar. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I will appoint myself. Chairman Plummer: No, you can't. Commissioner Sanchez: I would defer at this time. Chairman Plummer: Defer. Mr. Teele. Waterfront Advisory. Commissioner Teele: James Wellington. Chairman Plummer: Right. Commissioner Teele: Ernie Martin. Chairman Plummer: All names proffered be accepted, in favor say "aye." Commissioner Sanchez: Wait a minute, wait a minute. Where are we at, Waterfront? Chairman Plummer: We were on 49. Commissioner Sanchez: Waterfront? Chairman Plummer: Yes. Commissioner Sanchez: Oh, no. Reappoint both of my appointments. Mr. Walter Foeman (City Clerk): Paul George was the incumbent... Commissioner Sanchez: And Robert... 118 May 11, 1999 Mr. Foeman: And Robert Parente. Commissioner Sanchez: Yes, sir. Chairman Plummer: OK. All names proffered, be accepted. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-350 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE WATERFRONT ADVISORY BOARD. (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 54. APPOINT MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST: Frank van der Post, Ralph Duarte, Fred Joseph, Linda Eads, Tina Hills, Ruth Greenfield. Chairman Plummer: We're now on Bayfront Park. Bayfront Park. OK. What are we going to do here? Can I have the At Large? Commissioner Sanchez: Wait a minute. I'm going to appoint myself. Thank you. Chairman Plummer: You're not on that board. I don't want... Commissioner Sanchez: I want to check with the City Attorney. Chairman Plummer: If I can be so brave, I would like to put Frank Vandermere (sic), who is the General Manager of the Intercontinental Hotel. Commissioner Teele: As the At Large? Chairman Plummer: No. Whatever. It makes no difference, OK? And 1 would like to reappoint Linda Eads, Dr. Linda Eads, Tina Hills and Ruth Greenfield as the At Large, with Raymond Flores At Large, if I may. Mr. Gort had Ralph Duarte. Mr. Regalado? Commissioner Regalado: Fred Joseph. Chairman Plummer: Fred Joseph. Mr. Sanchez? Commissioner Sanchez: Why can't I appoint myself? N 119 May 11, 1999 Chairman Plummer: You can't. Commissioner Sanchez: Why? 1 like that... Chairman Plummer: I don't like you there. I don't want you there. Commissioner Sanchez: I'd like to recommend — what does the City Attorney say on this matter? Chairman Plummer: You can't. Commissioner Sanchez: - I can sit there. Chairman Plummer: Tell him he can't. Ms. Maria Chiaro (Assistant City Attorney): It's at the discretion of the Commission. Chairman Plummer: That's it. Ms. Chiaro: No. It is... Chairman Plummer: The discretion of the Chairman. I'm the big boss. Commissioner Sanchez: Well, then, I nominate myself to sit on that board. Chairman Plummer: You can't do that. Commissioner Sanchez: Sure, I can. Commissioner Teele: Well, J.L., if the City Attorney says that he can... Ms. Chairo: No, I'm sorry. He may not sit on any of the boards. He may not sit on any of the boards unless the boards, specifically, designate that the positions be held ex-officio. Commissioner Sanchez: Now, wait a — explain -- why -- then why can I sit on MSEA (Miami Sports and exhibition Authority)? Ms. Chairo: Because in the creation of that board, the designation of a City Commissioner is specifically noted as being held by one of the City Commissioners as appointed by the City Commission. Commissioner Sanchez: How can we amend that? Chairman Plummer: You can't. It's impossible. Commissioner Sanchez: Why is it impossible? Chairman Plummer: No, we can't do it until the next millennium. All right. Who are you going to appoint? Commissioner Sanchez: I'm going to defer. Chairman Plummer: You're going to defer. Who was his appointment before? Commissioner Sanchez: I would defer. It doesn't matter. I'm going to defer. Chairman Plummer: Who was his appointment before? 120 May 11, 1999 Commissioner Sanchez: It doesn't matter. It's my appointment. I'm going to defer. Chairman Plummer: I'm going to go get that guy to get you, boy. OK. Mr. Teele? Commissioner Teele: Commissioner, the last time these appointments came up, you assured me that there would be some diversity on this board and you went into a long discussion on certain names of people who 1 have the highest regard for and that they would be reviewed this time. Now, we just had the Waterfront Board -discussion in which there was some concerns from the community, that they were not representative. This board, I think, really needs to be mote representative of the City. Now, all of the At Large appointments are gone. . Chairman Plummer: Sir, I'll give up on one, if you wish. Give your two. Commissioner Teele: Well, J.L., it's not about me. It's really about... Chairman Plummer: I understand that, sir. Commissioner Teele: I wouldlike to look at the board — and I'll pass -- look at -how the board is being comprised, but I wish you would take this under advisement, J.L. I really do. Chairman Plummer: Sir, I will withdraw one of the names from the At Large. The last one which was mentioned was Raymond Flores and hold. that in abatement until you have had the opportunity to go through the boards, sir. And your appointment, that would give you two or one. Fair enough? Commissioner Teele: Fair enough. Chairman Plummer: All right. All in favor... Commissioner Teele: I mean, that is fair. Chairman Plummer: All in favor of the names that have been proffered, say "aye." The Commission (Collectively): Aye. I� Chairman Plummer: Opposed? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-351 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST. I 121 May 11, 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 55. APPOINT MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE: Mary Ann David, Mirtha Guerra -Aguirre, Richard Berkowitz, Monica Fernandez. Chairman Plummer: The Audit Advisory Committee. Audit — what are you giving me here? All right. The Mayor has indicated that his appointments to the two boards, the Finance Committee and the Community Relations Board will be done by memo. All right. We're now on Audit Advisory Committee. My appointment is Mary Arm David, a CPA (Certified Public Accountant) and a lawyer. Mr. Gort, Mirtha Guerra Aguirre. Mr. Regalado. Commissioner Regalado: Richard Berkowitz. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I believe it's Monica Fernandez, Mr. Clerk? Chairman Plummer: Mr. Teele. Mr. Walter Foeman (City Clerk): It's Monica Fernandez. Commissioner Teele: I'd like to reappoint Kim Griffin. Chairman Plummer: All names proffered be accepted by saying "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 122 May 11, 1999 The following resolution and motion were introduced by Commissioner Sanchez, who moved their adoption: RESOLUTION NO. 99-352 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO.99-352.1 A MOTION REAPPOINTING KIM -GRIFFIN AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE., 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. Chairman J.L. Plummer, Jr-. NAYS: None. ABSENT: Vice Chairman Wifredo Gort Chairman Plummer: Hold up a minute.. Commissioner Teele: Hold the Kim Griffin appointment. Chairman Plummer: All right. 56. APPOINT MEMBERS OF THE PROPERTY AND ASSET REVIEW COMMITTEE: Moreno Habif, Ruben Oliva, Jorge-Calil, Ron Cordon. Chairman Plummer: We're now on Property and Asset Review Committee, Item 52. Item 52, 1 appoint Moreno Habif and Mr. Gort puts -- wait a minute now. Yeah, Ruben Oliva. Mr. Regalado. Commissioner Regalado: 1 will defer that. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Mr. Clerk, who holds that position right now? Mr. Walter Foeman (City Clerk): Jorge Calil. Commissioner Sanchez: I reappoint him. Chairman Plummer: Mr. Teele? Commissioner Teele: Ron Cordon. Chairman Plummer: OK. All in favor of the names proffered, say "aye." 0 123 May 11, 1999 The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-353 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PROPERTY AND ASSET REVIEW 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 57. APPOINT MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Cynthia Haralson. Chairman Plummer: We're now down to Historic and Environmental Board. I have one appointment. I will appoint Cynthia Haralson, the president of Bayside Homeowner's Association. Mr. Teele. Commissioner Teele: As a real estate, Rene Dawson. Chairman Plummer: And the architect -- Landscape Architect? Commissioner Teele: Temporarily passed. Chairman Plummer: Deferred. All names proffered be accepted? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. 124 May 11, 1999 The following resolution and motion were introduced by Commissioner Sanchez, who moved their adoption: RESOLUTION NO. 99-354 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO.99-354.1 A MOTION REAPPOINTING RENE ROLLE-DAWSON AS THE REAL ESTATE CAGEGORY MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. Note for the Record: Ms. Rolle -Dawson was renominated by Commissioner Teele, but she has not submitted an application for membership of the board. Upon being seconded by Commissioner Regalado, the resolution and motion were 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 58. APPOINT MEMBERS OF THE BROWNFIELDS ADVISORY BOARD: Lorenzo Rodriguez. Chairman Plummer: Brownsfield Advisory Board. Residents within the Brown — what is this now? As many as we want or... Mr. Walter Foeman (City Clerk): No. -That's by category. A specific category. Chairman Plummer: What do you mean? Mr. Foeman: These are the categories that you... Chairman Plummer: All of these are different categories? Mr. Foeman: Yes. Chairman Plummer: All right. My nominations are Larry Mesrat and Emilio Lopez, but I don't know which to which. Mr. Foeman: Well, these are At Large. The Commission can either -- we have applications on file... Chairman Plummer: Say .it in the microphone, so the rest of the colleagues.can hear it. Mr. Foeman: Regina Davis -Jackson and Cynthia Quinn are the two applicants for the resident -- one 125 May 11, 1999 resident, who resides` within, in an area adjacent to Brownsfield. Those two applications were submitted and you have to choose from those two. Chairman Plummer: OK. Then Regina Davis and — Davis -Jackson and Cynthia Quinn. Mr. Foeman: Commissioner Regalado and Commissioner Sanchez, neither one of them have made appointments to that board. Chairman Plummer: Does anybody have an appointment to that board today? Commissioner Regalado: Yes. Chairman Plummer: All right. Mr. Regalado. Commissioner Regalado: Lorenzo Rodriguez. Chairman Plummer: All right. Under what category? Commissioner Regalado: Under alternate. Chairman Plummer: Alternate. OK. Anybody else have a name? Mr. Foeman: There has to be an application on file. Chairman Plummer: Wait a minute. Can't do that, Mr. Regalado. It has to be an application in and person did not put an application in. I would suggest that this is a little confusing. Commissioner Regalado: Yes, he did. Chairman Plummer: That we just go back... Commissioner Regalado: It's here. Chairman Plummer: We go back out and let's try to do it the way that we should be doing it. What? Commissioner Regalado: It's OK. Chairman Plummer: Well, he just told me no. Commissioner Regalado: You just didn't hear. Mr. Foeman: He said -- did you say Cynthia or... Commissioner Regalado: No, no. I said Lorenzo Rodriguez. Mr. Foeman: Lorenzo did apply. Chairman Plummer: That is -- Mr. Clerk? Mr. Foeman: Yes. Chairman Plummer: That is legitimate? Mr. Foeman: It is a legitimate one. Chairman Plummer: Thank you. Tell me when you change your mind. OK. Anybody else have any 126 May 11, 1999 recommendations for today? The names proffered be accepted? All right. All in favor, say "aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-355 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS AN ALTERNATE MEMBER OF THE BROWNFIELDS ADVISORY BOARD. (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 59. (A) DISCUSS APPOINTMENTS TO OFF-STREET PARKING BOARD — POSSIBLE CONFLICT OF INTEREST (B) CONFIRM APPOINTMENTS MEMBERS: SHALLEY A. JONES, MARGARITA ROHAIDY DELGADO. Chairman Plummer: Off -Street Parking Authority. The appointees names that are proffered are Shalley Jones, Eduardo Pardon, and Margarita Delgado. Commissioner Regalado: Move it. Chairman Plummer: Moved by Regalado. Seconded by Sanchez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 99-356 A MOTION CONFIRMING THE APPOINTMENTS OF SHALLEY A. JONES, DR. EDUARDO PADRON AND MARGARITA ROHAIDY DELGADO AS MEMBERS OF THE OFF-STREET PARKING BOARD. 127 May 11, 1999 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 Chairman Plummer: Mr. Clerk, would you please... Commissioner Teele: Mr. Chairman? Chairman Plummer: Excuse me. Would you go back to Mr. Gort's office, please, and take this and show him in the areas where he had proffered more than one or two names, that I did not make the selection for him. Mr. Walter Foeman (City Clerk): Mr. Chairman, can we go back to Item 53? Commissioner Teele: Before you go anywhere, I'd like you to stay with 55. Chairman Plummer: All right. Fifty-five. Mr. Teele. Commissioner Teele: Mr. Chairman, there is an issue relating to Off -Street Parking that I don't think the Off -Street Parking board has dealt with openly and fairly. Off -Street Parking is in the business of building parking lots and parking facilities. Miami -Dade Community College is now in the business of building parking facilities, and I understand that it's been the subject of a lot of whispers and discussions. I cannot see how someone can sit on the board of Off -Street Parking and then build the largest parking facility that's been under construction in the last 10 years. Now, if the attorney is saying that it's fine and that there is no conflict and all of that, I, obviously, will defer to that but really do think that we need to get an explanation from Miami -Dade as to whether or not they're going to be building more parking lots and how the parking assets of Miami -Dade and the Off -Street Parking are going to work together. Because, as you know, the parking lot that has been built is far beyond Miami-Dade's needs. It meets the Miami Heat's needs and that's what I thought we were in the business of having Off -Street Parking for. And I would just note that Off -Street Parking has saved the day for this City in helping us to get our budget into balance. I mean, were it not for Off -Street Parking, we would not have a balanced budget. And we have a vested interest over the next -- how many years? Five years we have an agreement? We have a vested interest in protecting Off -Street Parking. And, so, Mr. attorney, Madam Attorney, I would ask you to get a memorandum and to seek to have the discussion with Dr. Pardon to clarify what their intentions are because, to be very candid with you, it is widely known that the parking lot being built by Miami -Dade is in direct competition with Off -Street Parking. Chairman Plummer: I don't know how you can do that. I thought, under our Charter and our Code, that they had the right to do all parking in the downtown area. I recall very vividly, in a number of cases, like at the police station and other places, they had that right. I don't.how anybody else, a governmental agency can come in there and do that. Commissioner Teele: J.L., I hear you and that doesn't bother me, but it does bother me that somebody's sitting on the Off Street Parking board is building these parking lots. I mean, it's... Chairman Plummer: OK. You're asking for a clarification. 128 May 11, 1999 Commissioner Teele: `Asking for a clarification and... Chairman Plummer: Madam City Attorney. Commissioner Teele: And an agreement that they won't build anymore. Ms. Maria Chiaro (Assistant City Attorney): We will provide you with that legal opinion. sir. Chairman Plummer: Thank you. Commissioner Teele: How long are these appointments? Chairman Plummer: How long are the appointments, Mr. Cook? Five years? Mr. Clark Cook: Five years. Chairman Plummer: Five years. Are they staggered? Mr. Cook: Yes, sir. Chairman Plummer: What do you want to do? Commissioner Teele: I really think -- I mean, I think you all need to get a clarification on that issue. If Miami -Dade is going to be building more parking -- you know, the best business right now downtown with this new arena... Chairman Plummer: Well, may I make suggestion? That we reconsider naming two of these people and hold the third one in abeyance? Commissioner Teele: I would agree. Chairman Plummer: All right. So, what we're going to do then on reconsideration, we're going to appoint Maria Delgado and we're going to appoint Shalley Jones as of today and we'll hold the third one of Eduardo Pardon in abeyance at this particular time. Commissioner Teele: I so move. Chairman Plummer: And seconded by Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following motion and resolution were introduced by Commissioner Teele, who moved their adoption: MOTION NO. 99-357 A MOTION RECONSIDERING PRIOR VOTE TAKEN ON MOTION 99-356, WHICH HAD CONFIRMED THE APPOINTMENTS OF SHALLEY A. JONES, DR. EDUARDO PADRON AND MARGARITA ROHAIDY DELGADO AS MEMBERS OF THE OFF-STREET PARKING BOARD. 129 May 11, 1999 RESOLUTION NO. 99-357.1 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OFF-STREET PARKING BOARD OF THE CITY OF MIAMI. (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 and motion were 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 60. BRIEF COMMENTS re APPOINTMENT OF MEMBER OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. (see label 57). Chairman Plummer: All right. We're now into City Commission appointments. Mr. Walter Foeman (City Clerk): Excuse me for a minute. Chairman Plummer: Mr. Clerk. Mr. Foeman: Item 53. Chairman Plummer: Yes. Mr. Foeman: On Item 53 you appointed Cynthia Harrison. She didn't submit an application on file. So, we have to reconsider that. Chairman Plummer: Take it back out. All right. Hold on a minute. OK. 61. AUTHORIZE FOR FOUR (4) WEEKS, THE OPERATION OF A FLEA MARKET BY C.C.A.L. CORPORATION AS' TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA (MAHI SHRINE PROPERTY). Chairman Plummer: We'll now go to Wifredo Gort's - I don't think he needs to be here for a flea market. Mr. Manager, all I'm saying is that there's to be no fish or any of that kind of stuff sold that will cause a problem. Mr. Donald Warshaw (City Manager): No problem. Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Of a special permit to not exceed four consecutive weeks at 1480 Northwest North River Drive, Mahi Shrine, for a flea market. All in favor, say aye. 1, The Commission (Collectively): Aye. 130 May 11, 1999 Chairman Plummer: All opposed? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-358 A RESOLUTION, WITH CONDITIONS, RELATING TO TEMPORARY SPECIAL EVENTS, AUTHORIZING FOR A PERIOD OF TIME NOT TO EXCEED FOUR (4) CONSECUTIVE WEEKS, THE OPERATION OF A FLEA MARKET BY C.C.A.L. CORPORATION AS TEMPORARY SPECIAL EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA (MAHI SHRINE PROPERTY); SAID. AUTHORIZATION CONTINGENT UPON THE ORGANIZER PROHIBITING THE SALE OR PREPARATION OF ANY FISH PRODUCT AT EACH EVENT. (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 Chairman Plummer: I'll come back to mine as the last. Mr. Sanchez, your "A" problem with the hell raisers. Commissioner Sanchez: Mr. Chairman, I have four items on the Commission discussion items, and the first item, although it's in the agenda, I would like to continue — I would like to defer this item, but I want to keep it in the agenda for the next Commission meeting. Chairman Plummer: It will be on June the 8th. Commissioner Sanchez: Because of its great importance to my district. 62. RECOGNIZE HISTORIC SIGNIFICANCE AND CONTRIBUTIONS STILTSVILLE HAS MADE TO FLORIDA, RECOMMEND THAT IT NOT BE DEMOLISHED AND BE DESIGNATED HISTORIC SITE BY BISCAYNE NATIONAL PARK. Chairman Plummer: All right. Stiltsville.' Commissioner Sanchez: OK. On that one, Mr. Chairman, what I'm asking the City is to draft a letter in support, giving me authority to... Chairman Plummer: A resolution of support for Stiltsville to be sent to the congressional district. Commissioner Sanchez: Yes, sir. Chairman Plummer: Moved by Sanchez. Seconded by Regalado. All in favor, say "aye." 131 May 11, 1999 The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-359 A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE HISTORIC SIGNIFICANCE AND CONTRIBUTIONS STILTSVILLE HAS MADE TO FLORIDA, RECOMMENDING THAT STILTSVILLE NOT BE DEMOLISHED AS PRESENTLY INTENDED, AND SUPPORTING EFFORTS TO HAVE STILTSVILLE RECONSIDERED AS A DESIGNATED HISTORIC SITE BY BISCAYNE NATIONAL PARK, THE NATIONAL PARK SERVICE, THE U.S. DEPARTMENT OF INTERIOR, AND FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. 63. DISCUSSION CONCERNING WORKERS' COMPENSATION ABUSE. Chairman Plummer: Discussion of workmen's comp. Commissioner Sanchez: Concerning Workmen's Comp... Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: As you are aware, that's an issue that has been on the agenda for the last three months. I continue toworkwith the city, which they've done a great job. they've been able to close two to four hundred cases. However, the two to four hundred cases were back to almost at the same number because we've been getting new cases on the matter. But let me just elaborate a little bit on this great expense to our City. It's a very sensitive issue but it's a tough issue that needs to be addressed. The City Manager has agreed. We were able to put out four cases to be investigated by a firm or firms to investigate. Out of those four cases, they were all totally disabled individuals. Out of the four cases, two cases came back, where these individuals are fully disabled from the City or getting a salary or pension — I don't know exactly what -- and they're holding full-time jobs. One is working at a race horse track, and the other one is working in California planting trees for the government, getting a check. So, we cannot continue — this City cannot continue to throw away nine point three million dollars ($9,300,000) every year. I agree that the City is understaffed when it comes to addressing these problems, but it's something that I will not accept. The numbers need to go down, and if we have to spend a little bit more money to reduce the nine point three 132 May 11, 1999 million dollars ($9,300,000) or approximately nine point three million dollars we're paying every year, I think the City needs to take more additional steps. Chairman Plummer: Mr. Sanchez, are you talking about workmen's comp or two/thirds disability? Mr. Donald Warshaw (City Manager): Two/thirds. Commissioner Sanchez: Two/thirds disability, I believe. Chairman Plummer: Well, there's a big difference. Commissioner Sanchez: No. Chairman Plummer: Two/thirds disability only applies to Fire and Police. Commissioner Sanchez: It's workmen's comp. Mr. Warshaw: It's workmen's comp cases. Chairman Plummer: Huh? Mr. Warshaw: These are worker's comp cases. Chairman Plummer: Well, but -- you know, I can show you cases in the two/thirds, that 12 that were of the City of Miami policemen, who said they could not be policemen, are working as Customs Inspectors over on the Port of Miami, OK? I can show you a man that flies around in a little airplane up there that couldn't work as a policeman... Commissioner Sanchez: Mr. Chairman? Chairman Plummer: So, I'm just saying that that's the case. There is a big difference between the workmen's comp and the two/thirds. Mr. Warshaw: And there's a legal question on the issue of two/thirds, as to whether or not they can work as police officers versus hold other gainful employment. Commissioner Sanchez: I will have on the agenda -- the next time we have a Commission meeting, I will do a presentation. I'm just saying four cases. We selected four cases. Out of those four cases, two have come back, where they're both in violation. And one is a felony under fraud. You know, that it's clearly — it's out of control. And I'm not pointing fingers at anybody, all right. I'm not here to, point fingers. I'm here to bring solutions to the problems, and that has been a problem that has been ignored for years and years and years because nobody wants to open up the can of worms. And it's OK to look the other way and spending nine point three million dollars ($9,300,000) every year. So, every Commission meeting, I'm going to bring back and we'll discuss it until we lower our cases. If you look at the other cities throughout this state and throughout the country, you will see that there isn't any other City, as ours, where two thousand seven hundred and ninety something cases are open, where we only have like three thousand one hundred employees. It's absurd. Chairman Plummer: OK. Mr. Manager, this will be on the blue agenda for each Commission item. Mr. Warshaw: Just want to make one comment on that. Chairman Plummer: Make a comment. Commissioner Regalado: Question, question. 133 May 11, 1999 Chairman Plummer: Commissioners first. Commissioner Regalado: Mr. Manager, the papers I gave you the last meeting, a case of the City worker that had a problem... Mr. Warshaw: Prior of the temporary part-time... Commissioner Regalado: The temporary, yes. Mr. Warshaw: We're looking at that and trying to do something with it. Mr. Mario Soldevilla: Those medical bills were, in fact, paid, except for one, which we've authorized to pay. What happened was that,. when he was first injured, we didn't know the cause of the injury and, therefore, we picked up the medical information on him. However, after we determined what was wrong with him, it is really not a compensable injury. However, all of his bills, up to that time, had been picked up and they have been paid. Commissioner Regalado: OK. Thank you. Chairman Plummer: All right. I want to hold the parking surcharge — oh, you wanted to make a comment.. I'm sorry. Ms. Bertha Henry (Assistant City Manager): Yes. I think it's important that we put on the record that this is very -- the issue of worker's compensation and the costs is very much on the top of our agenda. We have — currently, we are recruiting for three additional employees. We have the Evaluation Committee, who is assisting us in evaluating the bid, that we have Claim's Management Services. We have been able to set aside reserves that we can begin to address some of the long-standing claims. We are -- this is very important to us. We agree with you, that it's a problem, but we are working very diligently to make a dent in it. Yes, we reduced claims and yes, some more came in but, systemically, there are a number of issues that we can and we are currently doing to make sure that, in the long-term, the net is a reduction in the overall cases for the City. Chairman Plummer: You know... Commissioner Sanchez: And I commend you and I commend Mario and I commend the City administration for what they're doing. The thing is that, if we don't send out a clear, clear picture that we're not going to tolerate it — and you have a perfect example. Out of four cases, two came back, where these individuals are collecting money from the City and they're working. And, in one case, you have one individual that's still filing the City for medical expenses. It's absurd. And I realize that we can't do it all in one year, but what we're shooting for — and not myself. Everybody up here, the City administration — is to lower some of these cases. I think that the problem has existed and we continue to let it go for so long that it's very hard not to lower these cases, but we need to make a strong commitment to doing so because we cannot afford, with the situation that the City's in financially, to basically blow out the window millions and millions of dollars each year, paying claims that really -- you know what? And it's going to take money to close these cases. Because I wasn't well-educated on the issue of workmen's comp, but through research and going through and asking people that know, I think that we need to spend money to lower it but, in the long run, the significant savings for the City, it's — I think it's totally worth it to do it. Ms. Henry: We agree with you. And funds have been set aside to take on this issue. Mr. Warshaw: We will do it. Chairman Plummer: You know, up until about two years ago, this. Commission was never, ever informed, a startling discovery that said that, in most governmental agencies, the average claims per year is about six percent. And little did we ever be informed that ours was running higher than 33. They never informed the Commission of that, and that's where it went wild. 134 May 11, 1999 Mr. Manuel Gonzalez-Goenaga: May I have my comment, my final comment? Chairman Plummer: Your final? Mr. Gonzalez-Goenaga: Yes. On this... Chairman Plummer: For the day? Mr. Gonzalez-Goenaga: On this particular issue. Chairman Plummer: No, for the day. Commissioner Sanchez:- No. Go ahead. Mr. Gonzalez-Goenaga: No, no. Don't treat me that way. I'm being very nice to you today, Mr. Plummer. Chairman Plummer: God help me. Mr. Gonzalez-Goenaga: Let me tell you. I go beyond what you have just said, the philosophical issue of working for the City of Miami. When the citizens ask me, "What can you do about it?" He say, nothing. The biggest mistake that all the citizens of Miami has done is not applied to work for the City of Miami. Because this is the first poorest City in the nation, and the one that best pays its employees. It even pays better if you retire. And if you are disabled, like I am, pays much better. I hope you get the picture. Chairman Plummer: Mentally... Mr. Gonzalez-Goenaga: And the biggest mistake may be, that I -- and that's why I have to run in any opening that is -- and I'm sorry I cannot run against you, Mr. Plummer, because I don't live in your district. And 1 am not going to run against Regalado either. Chairman Plummer: Disability, mental or physical? Commissioner Regalado: Can I... Chairman Plummer: Both, both. I thought that. Yes. Commissioner Regalado: Can I ask, what is the status of the process for new contracts and worker's compensation? Ms. Henry: This is the Evaluation Committee? Commissioner Regalado: Right. Ms. Henry: Yes. The Evaluation Committee met Friday. They're scheduled again to meet next week. We hope, out of that Committee will come a recommendation that we'll get to you in your meeting in June. Commissioner Regalado: Thank you. 64. SUPPORT THE KYOTO PROTOCOL ON CLIMATE CHANGES AS A MEANS TO REDUCE GREENHOUSE GAS EMISSIONS AND STABILIZE THE GLOBAL ATMOSPHERE. Chairman Plummer: OK. I'm going to skip over the Parking Surcharge because that's probably going to take the longest. Yes, it is. Yes. All right. Mr. Regalado. Kyoto protocol on climate changes... Commissioner Regalado:. Kyoto. The different cities throughout the United States have resolved to. approve or support the Kyoto Protocol on climate change. This is something that United Nations and 135 May 11, 1999 groups throughout the world are trying to do, and they need the support of the important cities in the United States and throughout the world... Chairman Plummer: Make your motion. Commissioner Regalado: ...to become law of the land. So, I make a motion to support the" Kyoto Protocol on climate change. Chairman Plummer: Seconded by Teele. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous ballot. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 99-360 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE KYOTO PROTOCOL ON CLIMATE CHANGE AS A MEANS TO REDUCE GREENHOUSE GAS EMISSIONS AND STABILIZE THE GLOBAL ATMOSPHERE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THE HEREIN RESOLUTION TO THE OFFICIALS 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. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Teele: Also, recommending that it be taken up by the Mayor's conference in October. Chairman Plummer:. Yes, of course. Commissioner Regalado: What Mayor... 65. REFER TO MANAGER REQUEST FROM CONVOY OF HOPE OUTREACH EVENT AT ORANGE BOWL STADIUM PARKING LOTS. —FREE USE OF BARRICADES AND SHOWMOBILE- TRY TO LOWER CITY FEES. Chairman Plummer: Estimate cost for Hope Outreach. What is this? Commissioner Regalado: OK. On May 29 there will be an all -day event at the Orange Bowl, and this event will make around -- the possibility for five to ten thousand people to get free food. This is the convoy of Hope that has been traveling throughout the United States, and we are very fortunate to have them in Miami, and we are so lucky that they chose the Orange Bowl.... 136 May 11, 1999 Chairman Plummer: All right. Commissioner Regalado: ...for this free food. Chairman Plummer: All right. Move it. Can we move, Mr... Commissioner Regalado: Wait, wait, wait. Chairman Plummer: ...Mr. Manager? Commissioner Regalado: Wait, wait. There is some expenses to it, and I am asking the Commission and the Commissioner of the district to support to eliminate some of the charges, not all, but some of the charges. Chairman Plummer: Mr. Manager, what can we eliminate to try to help out? Mr. Donald Warshaw (City Manager): There's two items. We can wait. Chairman Plummer: All right. What are they? Ms. Christina Abrams (Director, Public Facilities): Our recommendation is to waive the costs for the barricades. Chairman Plummer: All right. Ms. Abrams: And to waive the costs of the show -mobile. Chairman Plummer: All right. Ms. Abrams: And we can provide... Commissioner Regalado: OK. This... Chairman Plummer: Moved by Regalado that... Commissioner Regalado: Wait, wait, wait, wait. This is — the barricades are needed, of course, to... Commissioner Sanchez: Five dollars ($5). Five each. Commissioner Regalado: Sir? Commissioner Sanchez: I believe it's five dollars ($5) each? Ms. Abrams: Correct. Commissioner Regalado: No, two thousand dollars ($2,000). The barricades are two thousand dollars ($2,000). Mr. Josh Morales: Four hundred at five dollars each; two thousand dollars. Ms. Abrams: Well, if I could make a clarification here. The Orange Bowl only has 250 barricades, but our -- what we charge is five dollars ($5) a barricade. Chairman Plummer: OK. All right. Commissioner Regalado: So, we can waive the barricades and the show -mobile? 137 May 11, 1999 Chairman Plummer: Yes, sir. And you so move. Commissioner Regalado: What I'm asking also, is to see — this is not a concert. This is something where people are going to be fed. This is free food for poor people. This is not about, you know, people paying to go in and watch Gloria Stefan. This... Chairman Plummer: I would strongly suggest to my colleague... Commissioner Regalado: I strongly suggest that we can talk maybe with the police chief... Chairman Plummer: That we turn it over to the Manager and ask him to do the best that he can. Commissioner Regalado: We don't have the time. We don't have the time, J.L. It's — so, I'm asking the City Manager and the Chief of Police: OK. We are waiving the barricades and the show -mobile, which is about two thousand one hundred and twenty dollars ($2,120). Chairman Plummer: Yes, sir. Commissioner. Regalado: Is there a way that we can reduce, not waive, reduce the police costs? Mr. Warshaw: Commissioner, we can handle — based upon a description of the event, we can handle the police on an on -duty basis. We can't waive Orange Bowl fee... Chairman Plummer: I tried to tell him that, but he won't listen. Mr. Warshaw: ... and we can't waive the sanitation, but we can handle the police side on duty. Commissioner Regalado: Mr. Manager, I'm not asking for the Orange Bowl. They understand that they have to pay dues, and the solid waste. So, the only thing that I'm trying is to see if we can reduce the one thousand and eighty-four dollars ($1,084) of the police. Chairman Plummer: He just told you, it's going to be on -duty.. Mr. Warshaw: We're not going to waive it. I'm saying we can handle it on -duty, so there.won't be any costs. Commissioner Sanchez: Mr. Chairman, can I make a motion? Chairman Plummer: Mr. -- no, it's his item. Let him make the motion. Commissioner Regalado: OK. If Commissioner Sanchez -- but I think that we're OK. I don't know with -- Joseph. Mr. Josh Morales: If I can just give you a little quick vision. Chairman Plummer: Your name? Mr. Morales: Josh Morales. I live at 3165 southwest 16th Terrace, and I'm a representative of the Convoy of Hope. We're not just going to be feeding people. This is all the area churches working together. We're going to be doing medical, dental screenings, we're going to have a job fair, we're going to have a big carvni -- kids' carnival. We appreciate what you have, but we spent over fifteen — more than — fifteen locally, thirty thousand from Missouri, that's coming down with food. If we could work a little with Solid waste, it would help us a lot. Chairman Plummer: Josh, we understand all of that. For the past two years, this Commission has stood fast of not waiving fees and... 138 May 11, 1999 Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: When you're done. When you're done. Chairman Plummer: No. Go ahead. I'm just... Commissioner Sanchez: No, no, no. When you're done. You're the Chairman. When you're done. Chairman Plummer: Hey, I'd love to help him, all right? We've already got one bit of help to do the police in -kind... Commissioner Sanchez: And... Chairman Plummer: ...and the only thing that... Commissioner Sanchez: ...I could make a motion. Chairman Plummer: Go ahead. Commissioner Sanchez: And my motion is to turn it over to the City Manager and have them work with them and see what they could work out. Let's not continue to waste anymore time. Chairman Plummer: I agree with that. Is there.a second to that? Commissioner Regalado: I will vote for that motion, but I just want to make -- you know, I just want to leave here so they know, as of today, we have waived the barricades, the show -mobile, and the Manager and the Chief of Police said that they would work with in -kind service. Ms. Delia Rivera: May I please interrupt you very — one second. Commissioner Regalado: Sure. But we are only -- now, we have only the Orange Bowl and the Solid Waste... Chairman Plummer: Which we cannot. Commissioner Regalado: ...which we cannot waive. I think that, -you know, we should decide -- the Manager has announced that the police will work with them. Chairman Plummer: OK. Ms. Abrams: Commissioner, if I may interrupt? There's one other expense that has to be incurred and that is for the insurance. Commissioner Regalado: OK. Chairman Plummer: That we cannot waive. Ms. Abrams: We cannot waive that. Mr. Morales: We have an insurance policy. Chairman Plummer: All right. The motion on the floor is to waive the barricades, the show -mobile, and turning the rest of it over to the City Manager for his great input. 139 1May 11, 1999 Commissioner Teele: I don't like the term "waive." Mr. Alejandro Vilarello (City Attorney): Commissioner, I --the Manager was just commenting that tome. The barricade are barricades that we own, that we'll allow them to use. The show -mobile is a show -mobile that we own that we'll allow them to use. The police are going to be provided on -duty. There's no waiver of anything on those issues. Certainly, the fee for the use of the stadium and the sanitation clean-up are things that we cannot waive, but the Manager is working with them. They're not really waivers. They're just allowing them to use the... Chairman Plummer: OK. Mr. Vilarello: At no cost to the City. Ms. Delia Rivera: Can I... Commissioner Regalado: So, the motion will be that the City is providing support for the Convoy of Hope? Ms. Rivera: I thank you for that support. My name is Delia Rivera. I'm also a part of the Convoy of Hope, and we greatly appreciate your need. I just want to let you know that we are expecting between five to ten thousand working families. These are not homeless. Working families. Where we will be providing assistance, job fair, and getting them to help them, so they do not have to be in any kind of assistance program. So, we would like your support. We would love to have you there that day. And, please, let everybody know we're going to be making all advertisement, media, television, and we -would love this convoy to be a success in the City of Miami because our people need this. So, thank you. Chairman Plummer: Thank you, ma'am. Albright. The motion on the floor, I think, is pretty clear. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 99-361 A MOTION REFERRING TO THE CITY MANAGER REQUEST FROM CONVOY OF HOPE OUTREACH EVENT TO BE HELD AT THE ORANGE BOWL STADIUM PARKING LOTS NI AND N2; FURTHER DIRECTING THE MANAGER TO ALLOW FREE USE OF THE CITY'S BARRICADES AND SHOWMOBILE FOR SAID EVENT; AND FURTHER DIRECTING THE MANAGER TO MEET WITH REPRESENTATIVES OF SAID EVENT IN AN ATTEMPT TO LOWER CITY FEES AS MUCH AS POSSIBLE. 140 May 11, 1999 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. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 66. DISCUSSION: NET-9 PROGRAMMING ON CABLE TELEVISION — PUBLIC INFORMATION TO FILM SHOWS REGARDING CAR THEFT, GANG UNIT AND ROBBERY DETAILS OF POLICE DEPARTMENT — FIU STUDIOS TO BE USED — TELEVISE WATERFRONT BOARD MEETINGS. Chairman Plummer: Discussion on NET 9. Commissioner Regalado: OK. Discussion on NET 9. We have been deferring this since -- I don't know how many meetings, but it's simple and I'll be brief. We all know that the facilities that they — NET 9 has need to be fixed. We know that the members of NET 9 has done — had done an extraordinary work, working with the Commission, doing all the events but we feel -- I feel that we can do more and I believe that, since we don't have the immediate resource to fix the TV (television) studio and since — I think we have to wait until probably August, so FIU (Florida International University) comes back now there will be during the summer and vacation, I wanted to propose two things. One is to request from the public information unit of the City of Miami Police Department, which is and has been rated one of the best in the nation -- and I have worked with them for years — to produce and film with their facilities, with their resources and their knowledge at least four to five programs dealing with the service of the City of Miami Police Department. One about car theft. They have a very good presentation that I have seen in community events. Another dealing with the gang units and the other with robbery and other activities of the Police Department. I know that the Public Information Unit can produce and film by themselves without the need of using the studios of NET 9. Chairman Plummer: So, you're recommending that to the Manager? Commissioner Regalado: Right. The other thing is that I believe that the Waterfront Advisory Board is becoming a very important committee and we should also include their meetings in the programming of NET 9. Chairman Plummer: All right. Commissioner Regalado: I believe that those are some of the things that we could do to start and maybe, when FIU comes back in August, we can do some filming, some programming in their studios until and when we have the facilities for NET 9 ready. Chairman Plummer: Manager understand the intent? Mr. Donald Warshaw (City Manager): Yes, sir. 141 May 11, 1999 67. AMEND SECTION 2-892 OF THE CODE ENTITLED "ADMINISTRATION / BOARDS, COMMITTEES, COMMISSIONS," AND SECTIONS 54-440 THROUGH 54-445, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH THE LITTLE HAVANA SPECIAL EVENTS DISTRICT AND CREATE THE LITTLE HAVANA FESTIVAL COMMITTEE. Chairman Plummer: Thank you, sir. Chairman Plummer: Mr. Regalado, your last item is the second reading on the Little Havana Festival Committee. Commissioner Regalado: Yes. Chairman Plummer: You move it. It is seconded by Commissioner Teele. Read the ordinance. Motion understood? Call the roll. An Ordinance Entitled - AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED ""ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS," AND CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH THE LITTLE HAVANA SPECIAL EVENTS DISTRICT AND SET FORTH CERTAIN RESTRICTIONS; TO CREATE THE LITTLE HAVANA FESTIVAL COMMITTEE AND SET FORTH SAID COMMITTEE'S FUNCTION AND REQUIREMENTS FOR MEMBERSHIP,- TO PROVIDE FOR TERMS OF OFFICE, FILLING OF VACANCIES, OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUMS, AND ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, REQUIREMENTS FOR NOTICES, FILING OF OFFICIAL RECORDS AND THE ANNUAL REPORT, AND TO PROVIDE FOR THE "SUNSET" REVIEW OF SAID COMMITTEE EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND BY ADDING NEW ARTICLE XII TO CHAPTER 54, CONSISTING OF SECTIONS 54-440 THROUGH 54-445 TO SAID CODE; 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 April 27, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, 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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 142 May 11, 1999 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11797 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 68. DISCUSSION: IMPLEMENTATION OF PARKING SURCHARGE - DIRECT ATTORNEY TO PREPARE DRAFT EMERGENCY ORDINANCE re PERCENTAGE OF DISCRETIONARY PER VEHICLE SURCHARGE TO BE IMPOSED; FURTHER EXPRESSING INTENT TO CALL SPECIAL MEETING IN JUNE. Chairman Plummer: Let's go now to the Parking Surcharge. I have not seen an ordinance. Commissioner Sanchez: Well, if I may? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Yes. Mr. Chairman... Chairman Plummer: Do we have an ordinance? Commissioner Sanchez: ...you're absolutely right... Mr. Alejandro Vilarello (City Attorney): No, sir. Commissioner Sanchez: ...we do not have an ordinance at this time. However, the Bill has not been signed by the Governor. Therefore, it's not a law yet, although there's good news and it was passed on the House side and on the Senate side. The City of Miami, if it is signed by the Governor, will receive the biggest tax break in the history of the City of Miami. Now, we must take a lot of things into consideration. A lot of time and hard work went into passing this Bill. I must commend the City's administration. I must commend the lobbying team. I must commend my colleagues for making the phone calls and writing the letters to promote and pass this Bill. At this time, I'll let the Chairman or the Mayor... Mayor Carollo: I'm chairing the meeting. Commissioner Sanchez: Yes. And we'll let whose ever here to voice their opinion and then I would like to explain the Bill and exactly what I would like to do today. Mayor Carollo: OK. Now, you have somebody here that you would like to... Commissioner Sanchez: I believe they want to say something. Mayor Carollo: How many people would like to address the Commission? Four, five, six. Anybody else? OK. Would two minutes per each be OK? Ms. Josie Legido Correa: I think so, yes. Mayor Carollo: OK. Thank you. Name and address, please. Ms. Correa: Yes. Hi. My name is Josey Correa. I represent Downtown Miami Partnership. I'm the Executive Director. We're at 25 Southeast Second Avenue in downtown Miami. Sergio Rok, a property owner in downtown and a board member of my board, wanted to be here but, unfortunately, he couldn't make it. So, he asked me to read the following letter to the Mayor and the Commissioners on his behalf. "Dear Mayor and City Commissioners, I'm sorry that I'm unable to attend in person today but it's very important that the record reflect concerns of those who have worked for years of the betterment of downtown Miami. Let me begin by stating up front that we understand the need for fiscal responsibility on . 143 May 11, 1999 the part of the City, Rut the proposed surcharge will have a devastating effect on downtown Miami central business district. The board of the Downtown Development Authority opposed it. The board of Downtown Miami Partnership opposed it. The downtown Miami businesses and property owners oppose it. However, we are not here today to again state our opposition. We understand the likelihood that this surcharge will pass. But the City must understand that any reduction in property taxes will not offset the impact of this tar as it affects our area. While we don't yet fully understand all the repercussions of the action, these repercussions will be serious and immediate. The historic central business district will -need help to survive. We will need cooperation with the City and funding for our downtown projects and programs, including, but not limited to further investment in infrastructure improvements along Flagler Street and throughout the core. We will need help. As is this surcharge is enacted, we will need you to help us. Thank you for allowing us to speak today. We look forward to seeing all of you on June 3rd at our downtown Miami town hall meeting." I would like to take also this moment to introduce Neil Fritz. Neil is the Executive Director of our downtown Miami Main Street Program. Mr. Neil Fritz: Good afternoon. Yes. Neil Fritz, Executive Director, Downtown Main Street, office at 25 Southeast 2nd Avenue. A year and a half ago downtown Miami was formally recognized by the Florida Department of State as Florida's first urban main street. Our area of focus is the historic central business district. That's Flagler Street and the original business district area of the City of Miami. Downtown Miami Main Street is a partnership. It's a partnership of the Downtown Development Authority; the Downtown Miami Partnership; Dade Heritage Trust, as a historic preservation organization, and the City of Miami itself. We work very closely with our NET (Neighborhood Enhancement Team) administrator, Patricia Castro, with the local police, Lieutenant Payne, downtown police officers, and we're working closely with Clark Cook in Miami Parking Systems. For a little over a year we've been creating programs to begin to change the direction of our downtown. Our Thursday night activities are starting to work. We hope you're all getting faxes on those. And we're now focusing on lunch time activities for our downtowners, the 60,000 people who work in the downtown area everyday, many of whom will be directly paying the proposed parking surcharge. To add to our efforts on the downtowners, we're finally beginning to focus our marketing efforts on the local market. And that brings to the front the issue of parking. At this time, we're undertaking a block by block plan to introduce meters downtown, putting in as much on -street parking as we can. Our objective is more affordable, short-term parking to help position the central business district to meet the needs, for the first time in a long time, of the local market. But right now downtown Miami needs help. The South American Recession, and especially impact of a dramatic decrease in traffic from Brazil, is hitting us very hard. Our Steering Committee and Economics' Chair has referred to this and they haveyears of experience downtown, as the most serious challenge our downtown has ever faced. Now, with a proposed parking surcharge, we're faced with yet another challenge. I would like to say, I have a great deal of experience in Main Street and, nationwide, Main Street programs are known for their ability to understand challenges and overcome them, but we would like to go on the record saying that for us to overcome these challenges, we will need the continued cooperation and participation of those of you in the City of Miami. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Thank you, sir. Mr. Sanchez. Commissioner Sanchez: Mr. Chairman, I could relate to the concerns that the businesses in Downtown Miami have. They must take several factors into consideration here. One is that the generated revenue generated by this parking surcharge will create a reduction of their property taxes, as well as a reduction of their fire fee in their buildings. Now, let's not confuse the facts with the rhetoric. We all are in the same page on this one. Twenty-five percent of the City's property are of the tax write-off. Whose fault is it? I don't know. For many years non-profit businesses have come to the City. We've given them tax write-off. They don't pay taxes. And from there, they expand into other areas. Eighty-two percent of the people that work in the City of Miami do not — they earn their living in the City and they go and they spend it some place else, leaving the tar payers of Miami to pick up the burden on the trash, fire service, police service, and our roads. You are aware that we are the fourth poorest City in the nation. Our taxpayers are paying the highest taxes implemented by this City to get this City back on its feet. This parking surcharge was put together here, lobbied very hard in Tallahassee by the lobbying team and this City because we have no other 144 May 11, 1999 way of getting this City back on its feet. There were several conditions met, many agreements made, the art of compromise was practice to the fullest. There's a Sunshine clause, 60 to 80 percent must be used to relieve the taxes to our citizens here in Miami, which are, once again, paying the highest taxes in the City, and I don't doubt in the nation. Let me just state what this Bill says. It authorizes certain municipalities to impose a discretionary per vehicle surcharge on the gross revenue of the sale, lease or rental of space at parking facilities within a municipality that are open for use to the public; providing for use of surcharge proceedings. That would give the City an opportunity to generate recurring revenue, which is so far approved by the Oversight Board. Now, several clauses are put forward here and one of them is that no less than 60 percent and no more than 80 percent of the surcharge proceeds should be used by the governing authority to reduce its ad valorem tax millage rate or to reduce or eliminate non -ad valorem assessment. In the resolution put forward the last two Commission meetings that we had here, that I introduced and it was approved by my colleagues, it so states that the City will reduce point five percent of property taxes and a reduction of the fire fee, leaving out a certain amount. Yes, it is not a law yet. The Governor has not signed, it. He may not sign it. We're hoping that he will sign it. Once it does, I think that the citizens of Miami deserve to have the biggest tax break in the history of our City, that we should be very proud of. Now, saying that, 1 would like to put out a motion pertaining to this Bill. And I asked the City Attorney if I could make a motion, even though there's not a resolution on the floor. Mr. Vilarello: I'd have to hear what your motion is. Chairman Plummer: Excuse me. Excuse me. Let me interject, if I may. Before you make a motion, can we hear from the rest of the public that wish to be heard? Chairman Sanchez: Sure. Ms. Correa: Yeah. And can I just finish in closing? Chairman Plummer: Sure. Ms. Correa: OK. As Neil said, our immediate situation in downtown is serious. We do need help, not another tax. So, the board of DMP has resolved against this surcharge. We, too, understand the need for fiscal responsibility but our initial estimates indicate that at least five to seven million a year will be taken out of downtown Miami. With everything else we're facing, we just can't afford it. Please work with us. We've invited all of you to attend our town hall meeting. Some have already made a commitment be there. While we hope to focus on the positive at this meeting,. unfortunately, now the issue, once again, is the survival of downtown Miami. Thank you. Chairman Plummer: Thank you. Anyone else wish to be heard? Commissioner Regalado: Mr. Chairman, if I may? Chairman Plummer: Wait, wait. Excuse me. I'm trying... Commissioner Regalado: Just a comment, not about this issue but I think that you ought to know, and the members of the Commission, that I think we have a problem with the audio in NET 9 and it's only -- we're only using video. No — I think no audio is coming out of NET 9. Chairman Plummer: That's what happens when you get them up before the City Commission. We can't do a damn thing about it, so... Sir, your name and mailing address. Mr. Jay Windser: My name is Jay Windser, 2911 Grand Avenue, the Streets of Mayfair. We realize, like downtown people said, that we realize that Miami needs to raise money and that this surcharges is, in all likelihood, going to happen at some point or another. But what we really request is, what they also said, which is to work with us to try to make this tax work for both people. To just blankedly raise that surtax to the maximum amount could have a seriously detrimental effect to projects like the Streets of Mayfair, where we... People have a choice, when they come here, on where they park and where they shop and what they do 145 May 11, 1999 and if... We cannot ju't simply pass that tax on to our customers and expect them to just pay it. We don't have — I mean, the portion of tourists versus locals is somewhere around 50/50 at Mayfair, as far as who comes to the project. Those people run the risk of having a choice of going somewhere else to do their shopping and doing business and going out to eat, et cetera, et cetera. It's not as simple as just — 1 mean, we will have the benefit of a property tax reduction but just on the basic numbers alone — and we really don't know all the particulars of how this will be implemented yet -- it could have a three hundred and seventy to half million dollar -effect to our property as far as just from pure revenues of what we would have to increase just to stay where we are right now. I would just ask that you guys do try to work with us. Let us sit down and come up with a plan that works for everybody and not just make a knee/jerk reaction. Chairman Plummer: There's a lot of facets that will go into it before it's finished. Silvia. Ms. Silvia Cejas: Good Afternoon. Silvia Cejas, Director of Marketing for Cocowalk. And, briefly, I wanted — I just had a question. As far as the percentage, which is going to be surtax, has a decision been made at this point as far as the percentage is concerned? Chairman Plummer: 1 would tell you, from what I know, the answer is no. I've heard the 20 percent bandied around. That may or may not be the final number or it could be more. I doubt more, or it could be less. Ms. Cejas: OK. Commissioner Sanchez: Excuse me. What was — I'm sorry? Ms. Cejas: If a decision had been made yet... Chairman Plummer: On the percentage. Ms. Cejas: ...as far as the percentage of surtax. Commissioner Sanchez: Not yet. Ms. Cejas: OK. Chairman Plummer: I think across the Country, as you look at other cites that have a surtax, it varies anywhere from a low of, what I saw, of eight percent to a high of 31. Ms. Cejas: OK. As far as businesses in Coconut Grove, Cocowalk, in particular, which I'm speaking on behalf of, what we'd like is to ask that the Commission, before a decision is made, if you could let us know what direction you're heading on and allow us -the opportunity to mathematically come up with what the impact of that decision will be on the businesses. In that way, you can utilize this information when making the final decision as far as what the percentage will be. But we really believe that this information needs to be taken into consideration before a number is decided upon: And we just ask for your cooperation and that you will include us in the process because we really will be affected by this. Commissioner Sanchez: Well -- Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: The conditions set forth on this law is that 60 to 80 percent be used. It would be the legislative body's decision on how much money to appropriate going to a tax relief. I would make the motion today or any other day that we're here in the Commission, that expression of intent on this would be that that City should use the 80.percent of the surcharge proceedings to go forward in the reduction of its taxes. In other words, the full 80 percent should be used to lower the taxes in the City of Miami. That's my motion. 146 May 11, 1999 Chairman Plummer: Where would the other 20 go? Commissioner Sanchez: The other would go to the City. Commissioner Teele: I thought it required that the other go to reserve — for cash reserve. Mayor Carollo: Only a portion of it is what it requires. It's clearly stipulated here that up to 20 percent of, the gross revenue of the sale, lease or rental space or parking facilities within a municipality is the amount that can be imposed. But it goes on here to talk that a portion of the balance of the surcharge proceeds shall be used by the governing authority to increase its budget reserves. A portion of the balance. So, it's a portion of whatever we do not use in between 60 to 80 percent. Chairman Plummer: Sir, you wish to be heard? Mr. Robert Zoeller: Yes, sir. Chairman Plummer: For the record, your name and mailing address, please. Mr. Zoeller: All right. Robert Zoeller, 544 Northeast 108th Street in Miami. I am the... Chairman Plummer: North Miami. Mr. Zoeller: North Miami. Excuse me. Yes, you're right. I represent Bayside Market Place. I am the Manager of Retail Operations. We support the City in what you're about to do and I don't want to be redundant, repeating what the others have said. Things are tough right now and I'm standing here only not to repeat something else but to urge the Commission that, if you fold this thing in, perhaps it can go in at increments. In other words, instead of hitting us with the 20 percent right up front, maybe you can roll it in at a five percent. Maybe next year, another five percent. Maybe in the third year. Commissioner Sanchez, you got my attention when you said something along the lines of, "82 percent of the people that visit the City. earn money here and spend it elsewhere." This is definitely a consideration but because of business being tough right now = and I guess you heard from Cocowalk, the Streets of Mayfair, and now you're hearing from Bayside Market Place — the parking might be an issue from the standpoint of what people can make choices. If it's a small amount initially and then the next year it goes up a second and a third amount, I think it could be a little bit more plausible and more digestible. Thank you. Chairman Plummer: Thank you, sir. Now, our in-house expert on everything. Mr. Manuel Gonzalez-Goenaga: Well, I'm not speaking about Coconut Grove. They have been very well represented. I'm not speaking about Bayside. They are very well represented. And I heard the people from downtown. Well, the only time I have seen downtown, the real downtown, as a lively place, the only place is the police department on 2nd Avenue. Chairman Plummer: That's because you're always there. Mr. Gonzalez-Goenaga: Huh? Because it's the only place that is open 24 hours a day. The rest, it looks like a hurricane prepare — in the next few hours, the hurricane is coming. Now, I have a question. Will this tax apply to even private parkings or only the... Chairman Plummer: All parking. Mr. Gonzalez-Goenaga: All parking spaces in downtown? Chairman Plummer: Yes. Next question. Mr. Gonzalez-Goenaga: Including for bicycles? 147 May 11, 1999 Chairman Plummer: Yes, sir. Mr. Gonzalez-Goenaga: OK. Thank you. Good luck. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: My motion stands still. It's time we give our citizens the biggest -tax relief in the history of Miami. that they so do deserve and that's 80 percent of the surcharge proceeds should be used to reduce its ad valorem taxes in the City of Miami. Commissioner Regalado: I will second that. Mayor Carollo: Mr. Chairman? Chairman Plummer: Under discussion. Mr. Mayor. Commissioner Sanchez: Commissioner, are you including in that motion that it would be the full 20 percent surcharge that will be applied? Commissioner Sanchez: No, sir. Mayor Carollo: OK. Commissioner Sanchez: That will be discussed later. Chairman Plummer: Well, I think... Mayor Carollo: For discussion, if I may? Chairman Plummer: May I suggest that you say, "not to exceed" to relieve some people's anxiety? That it shall not exceed 20 percent? Commissioner Sanchez: Oh, not to exceed 20 percent, absolutely. Chairman Plummer: All right. Commissioner Sanchez: That's what... Commissioner Teele: That's in the law. Commissioner Sanchez: That's in the law. Mayor Carollo: That's in the law. Mr. Vilarello: That's in the law. Chairman Plummer: OK. Mayor Carollo: That's in the law that... Chairman Plummer: Just want to make sure it's on the record. Mayor Carollo: Let me give my colleagues here and everyone in the public the real financial facts. What we estimate that this will bring is somewhere between ten to thirteen million dollars ($13,000,000). And I 148 May 11, 1999 say we estimate that that's what it will bring because the information that we were able to acquire to come to our best guess was pretty limited. It could bring less. Hopefully, very hopeful, it could bring more. But right now we're going on the assumption that it will bring between ten to thirteen million. We think, at least. ten is a fair number. We already have agreed, in this Commission, even though in principle -- I believe firmly we should do that — to lower the taxable right to properties from the 10 mill cap that we have, which is the highest allowed by law, to nine point five, a lowering of five percent. What that represents in the next fiscal year's budget, that's begins October 1st, is that we will lose approximately six million fifty thousand dollars ($6,050,000) from our budget that we have to make up. We will have an increase, that was planned in the Five -Year Plan, of another four million two hundred and fifty thousand dollars ($4,250,000) approximately that is mainly a fire fee additional increase and just a slight amount of two dollars ($2.00) more a year in the garbage collection fee. That's another four million two hundred and fifty thousand dollars ($4,250,000). And then, with the additional Homestead relief of twenty-five thousand dollars ($25,000) to those that are 65 years and older, that do not make over twenty thousand dollars ($20,000), the estimate is another three million one hundred thousand. We're now, ladies and gentlemen, up to thirteen million four hundred thousand dollars ($13,400,000) that we have to find in recurring revenue. If we are to have the money to lower property tax by five percent, six million fifty thousand. Do away with any additional increase of fire fee and the additional two dollars ($2.00) per year on the garbage fee, four million two hundred and fifty thousand. And if we are going to give the extra twenty-five thousand dollar ($25,000) Homestead Exemption to those that are 65 or older, that make under twenty thousand dollars ($20,000), three million one hundred thousand dollars ($3,100,000). We cannot be all things to all people and we either have to decide if we're truly going to do this at the rate of 20 percent or we're not going to do it. But if we go at it halfway, it's the old saying, we're going to end up not accomplishing all that we need to and, at the end of the day, everyone will be mad. To those of you that are property owners, not residential, but those of you that are property owners of commercial properties that are concerned, like Bayside, I say this to you. By lowering the property taxes five percent to nine point five, that will be the lowest property taxes that you will be paying in your triple net to your landlord, at least the last 20 or so years. By the City of Miami not having to increase the fire fee, that we are obligated in the Five Year Plan, that's an additional significant amount of dollars that you will save in your triple net. So, you will be able to recoup somewhere, depending on what this Commission does, 60 plus 80 percent and from what I'm hearing, it's going to be some 80 percent of what we're getting in this surcharge that you won't have to spend out of your pocket and if you have to use some of that to help your employees, there's nothing in the law that says you can't use it to help them with some of their parking fees. Chairman Plummer: OK. Mr. Sanchez, you made your motion. Commissioner Sanchez: Yes, but... Chairman Plummer: I think it was understood. Commissioner Teele: No. That motion's very — that is not a — that is a very good motion but I'm not sure it's understood at all. Chairman Plummer: All right. Then, let's make it understood. Hold on. The City Attorney had asked to be recognized. Mr. City Attorney. Mr. Vilarello: I'd like to take a minute just to explain the process here. Once this Bill is signed into law, the implementation if this is really a two-step process. First, the City Commission will consider and adopt an ordinance which creates the ability to implement this. At that time, this Commission will determine what that surcharge is going to be, whether it's one percent or 20 percent. It's within the discretion of the City Commission to do. The other issue with regard to the reduction in the ad valorem millage rate, that's going to be determined when you go through your appropriations and create your budget. That's the time when you will make a determination as to whether or not you go — use 60 percent of the proceeds to set of your ad valorem taxes or 80 percent. That has to be done in that two-step process. And until then, you can only express your intent to make it 80 percent or 60 percent in that regard. Chairman Plummer: So, one will be done possibly now and the other one will be done at budget time? 149 May 11, 1999 Mr. Vilarello: At budget time. Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Attorney, I agree with what you've said and I think Commissioner Sanchez' motion expressly states an intent but he goes a little bit further, which I'm in agreement with, and that is, he . has expressed in the intent or at least polling the Commission -- and this is a very important process to understand where we are, given the constraints of the Sunshine Law. He's expressing the intent that the full 80 percent, as allowed by state law, will go toward ad valorem property taxes. And the one area that I want you to take under advisement is this two-step process that you've outlined. I agree that it is going to take two steps, but I do think, if Commissioner Sanchez chooses and if a majority of the Commission and the Mayor agree, that he can create in the authorizing ordinance the proviso that the full amount of money will go toward ad valorem relief. 1 don't think he has to wait until the budget process to do that. However, I think it can only be effectuated in the budget process as to that. Let me tell you why this is important. Take closely -- and, Mr. Clerk, 1 want you to make a copy transcript of the Mayor's comments. The Mayor seemed to suggest — and he didn't recommend anything and I think he was very careful in what he was saying, but he seem to suggest that relief could be given on the fire fee increases that are proposed. He also seemed to suggest that relief could be given on the garbage fees that are proposed. I will adamantly oppose those, if they were to be proposed as legislation for two reasons. First, the garbage fees are totally out of skew with the cost of providing the service and as we try to -- you know, we keep talking about this strategic, structural problem that we have with our finance and budget. The biggest problem with the City of Miami's budget, from a strategic point of view, is that, over the years we've hodgepodge and cross wired and jerry-rigged our budget so that nothing is standing on it's own budget feet. The Solid Waste Department, as a matter of public policy, we, as a Commission ---at least 1 have advanced and will continue to advance — that we should try to get Solid Waste to stand on its own feet. And to the Solid Waste Department, that's the only way to ensure that you won't be confronted with privatization at every turn. If it actually costs the amount of money that the user pays, then you're in a much better shape. Right now we're subsidizing the Solid Waste Department to the tune of twelve to fourteen million dollars. And a two dollar ($2.00) increase, I maintain, is the right thing to do. The fire fee is awhole another issue. I didn't like it. I was the only person that voted for it, four to one vote repeatedly. It was a bad vote for me in terms of that. But I voted only to substantiate what this Commission had voted do. Chairman Plummer: Sanchez and you. Commissioner Teele: But the second problem and the bigger problem, Mr. Attorney, that I urge you to go back and research carefully is that we are not going -- I am not going to participate in another lottery scenario, a bait and switch. If you read the law carefully, it doesn't say avoid increases, OK. It says "tax reduction and non ad valorem tax reductions." And I maintain, as a matter of law, you cannot do what is being discussed. That is, you cannot use this to avoid increases because that's not what the law says and that's how we got into the problem in the State of Florida with the lottery. It must be for tax relief, not for tax avoidance of fees that would come into being. And I'm not the lawyer. You are. You know, I'm six thousand dollar ($6,000) a year pay grade. You're a hundred — two hundred thousand pay grade. And 1 would yield to you on that issue. But I would ask you to carefully consider that because that, I think, will put you on a very slippery slope, Mr. Attorney. Chairman Plummer: Will you yield to the Mayor? Commissioner Sanchez: Sure. Mayor Carollo: Thank you. On that last topic that Commissioner Teele brought.up, let me be very specific in what the law states. And since I had a major hand in making sure what was going to be made and approved as to the law, I think that I'm one of the few that is in a better position to interpret what this says. It says, "no less than 60 percent and no more than 80 percent of the surcharge proceeds shall be used by the governing authority to reduce its ad valorem tax millage rate." That's so that we can lower the millage rate from ten to nine point five or more, if we so desire, and the money comes in. Or to reduce, or to reduce or 150 May 11, 1999 eliminate, reduce or eliminate, non ad valorem assessments. That means fire fees that you can reduce or eliminate. And that's very clear and precise in what was approved, that I spent many, many hours making sure that we would have this kind of language. And, as far as the statement of what I seem to be suggesting — and I appreciate my colleague trying to be a translator for me, but I think I do a pretty good job in getting across what I'm trying to say. I wasn't seeming to suggest anything. I was clearly being very to the point in the statement that I made, that we need to reduce any further increases in the fire fee. As far as the garbage fee, we're only talking two dollars ($2.00) in additional amounts this fiscal year, beginning October 1 st. It's hardly anything. But I will agree with you that we do have the cheapest garbage charges in any municipality or local government down here. And I am one of those that will be willing to look at what I think you were suggesting, Commissioner — if I could be a translator for you now -- that if we can lower the property fees to a significant level, stop any further increases in a fire fee that's not accomplishing what we intended it to accomplish from day one, unlike what the surcharge will accomplish, is going to get everybody that hasn't been paying in the past also. If we can eliminate the increase in the fire fee, lower the millage, then I think that we need to revisit what you have stated on the garbage fee, and I think that if we revisit that and this Commission comes to a decision that — that's the one area that we might have to rethink, then I think that the way of doing it is by explaining, with no switch and bait but with the truth to the citizens of Miami, look, we have lowered your taxes by this amount, real dollars. Every other governmental body is charging this much on garbage and part of the reason that we're having to charge "x" amount is because we are being charged "x" amount by Dade County government. And out of that amount, "x" amount to the tune of at least two million dollars ($2,000,000) a year is in excess of what they should be charging us. You know why? Because every'bit of tonnage that we're giving to them, instead of the County government bringing it over to the incinerator that they built and have STET paid for it, and that's why they're charging every municipality so much more because of their bad management in that deal. Instead of taking our garbage over there, they're hauling it or telling us to haul part of it of to Broward County where they're getting paid -- charged a lot less than we're paying them and they're making us spread from what we pay them to what it cost them to give it to someone else, not in the incinerator that they own out in West Dade. Chairman Plummer: Mr. Sanchez, let me say to you, sir, that I received message from Gort's office. He is requesting that no action be taken. I merely put it on the record, sir, for consideration of his message from his office. Commissioner Sanchez: No action taken on — pertaining to what? Chairman Plummer: Parking surcharge. Commissioner Sanchez: I got a motion out. Chairman Plummer: Well, sir, I'm not telling you don't make a motion. I'm just telling you that the message came from his office asking that no action be taken. Commissioner Sanchez: I think he's more concerned on the — up to 20 percent. Chairman Plummer: Sir, do you want to make a motion or... Commissioner Sanchez: Well, J.L. — OK, wait. Well, let me continue. I've taken it into consideration, the increase of the garbage for next year and the increase of the fire fee for next year, which those two items — how much would those two items for next year would generate for the City? Mayor Carollo: The increase? Commissioner Sanchez: Yeah. Mavor Carollo: Four million two hundred fifty thousand dollars ($4,250,000) approximately. The bulk of it is fire fee. Commissioner Sanchez: Both issues? 151 May 11, 1999 Mayor Carollo: Both. Well, the increase in garbage is like a hundred — little over a hundred thousand. It's only going to be fire fee. Chairman Plummer: Yeah. Fire fee is four million. Mayor Carollo: But let me forewarn you, this is for next year. In the additional two fiscal years after this one, between both of them, the increases, you're looking at another five and a half million dollars ($5,500,000) more, approximately. Chairman Plummer: All right: Let's fish or cut bait. Commissioner Sanchez: Well, my motion is out. There's a second? Chairman Plummer: All right. Repeat your motion. Commissioner Teele: Commissioner Sanchez, in the spirit of collegiality, he — Commissioner Gort chairs the DDA (Downtown Development Authority) and the DDA has expressed strong opposition. I think, in fairness to that process, we should consider deferring the item until he's able to weigh in. You know, I would urge you to... Chairman Plummer: Then make no motion and no action. Commissioner Sanchez: I guess we're going to cut bait then. I withdraw my motion. Chairman Plummer: OK. So, at this particular time, Mr. Manager, there is no action. Mr. City Attorney, of course, it's not been — it's not a law yet so... Mayor Carollo: Mr. Chairman? Chairman Plummer: Mr. Mayor. Mayor Carollo: If I could address the City Attorney. I spoke to the Governor yesterday and it is my understanding that, most likely, this weekend he will be signing into law this Bill that we have before us, along with some others, that their key interest is the City. Once that's done, that's when the time clock really starts to tick on us. What I'd like to ask the City Attorney is to have prepared and ready, immediately for this Commission to look at, an emergency ordinance without placing the amount of the increase that is going to be approved. I will place it on the record. We need a 20 percent, the full amount, but for the comfort of my colleagues and the opportunity for others to speak on it, leave the percentage blank. That could be filled in by this Commission. But we want an emergency ordinance for this Commission to take up at a Special Commission Meeting, that I will call, before the end of May so that we can vote upon it on first and second reading and since it will take 30 days after the ordinance is approved to become law... Chairman Plummer: Not on an emergency. Mayor Carollo: On an emergency basis. . Chairman Plummer: It's immediately effective. Mayor Carollo: Mr. City Attorney, do we need the 30 days after an emergency ordinance for it to become law? Mr. Vilarello: Emergency ordinance becomes effective immediately. Mayor Carollo: We don't need the 30 days. 152 May 11, 1999 Mr. Vilarello: Upon your signature. Mayor Carollo: OK. Then, we don't need to have it that quickly then. We could go ahead and wait to do it in June, but we need it done beforehand so that any glitches on it, we could decide to take out before it's brought in this Commission. Now, what I might suggest still is that, instead of bringing it in a regular meeting, we might want to have a Special Commission Meeting, just for this one, because you're going to have a lot of people that are going to want to speak and give their input on it, and you're going to be taking . half of a day maybe going through this. But we need to have this in place, once July 1 st kicks in, so it could be law July Ist. Chairman Plummer: OK. Mr. City Attorney, you understand what the Mayor's looking for? Mr. Vilarello: We can prepare and distribute a draft ordinance very shortly, even before the meeting Mayor Carollo: All right. Thank you. 69. DISCUSSION CONCERNING JURISDICTION OF THE MIAMI POLICE DEPARTMENT — PROBLEMS WITH HOMELESS — ADDITIONAL SHELTERS NEEDED OUTSIDE CITY. Chairman Plummer: Mr. Mayor, you wish to address an issue, jurisdiction to the Miami Police Department? Mayor Carollo: I do, sir. If the Police Chief of... Chairman Plummer: Is the Police Chief here? Is the Police Chief here? is the Police Chief here Mr. Donald Warshaw (City Manager): We'll get him. Chairman Plummer: Here he is. Mayor Carollo: Thank you, Chief O'Brien, for staying a little later than you expected to for this. Chief, the item that I want to bring up for discussion is one that is of significant concern to Miami residents from one end of the City to the other. For many years we have had to suffer the restraints that were. placed on the City of Miami, the situation having to do with homeless in our streets. And because of the federal courts restraints, we had hundreds and hundreds of homeless that were moving into the City of Miami streets, where we were in a position that we couldn't do anything about it. Since we've entered into an agreement in covenant on this issue, I think we've gone a long way in alleviating the situation. I would like to compliment the Miami Police Department for the fine work that they have done in alleviating, by leaps and bounds, the situation. But we still have that last 30 percent, 40 percent or so that we still have in the streets. As you know, I've been going out, at different times of the evenings and early mornings, with officers, checking out the different areas. What I found out is the following: that in order for us to finally resolve the situation where we don't have any homeless sleeping in any City sidewalk and public properties out on the streets, we have to do some of the following things that I will bring to your attention here. One major problem that we have is that, inside the City of Miami limits, we don't have sufficient beds in these shelters. They are basically, all taken up because of the good job that we've done. Secondly, as you know, we don't have sufficient manpower and patrol at the evening time to do the job that we need to in protecting life and property. And, at the same time, having our officers going further than they have in bringing homeless to shelters, to find out when they get there that there's no room anyway, and that's even after they call and they tell them, "you know, there's a few now," but once they get there, they're full. So, what 1'd like to do is to suggest that the following -- see if we can have a mini task board meeting with the Chairman of the Homeless Trust, Alvah Chapman, and some of the others, to see if we can, first of all, find other shelters that would be open to the City of Miami in other parts of Dade County. For instance, the new one up in Homestead. There's a Salvation Army one just outside the City of Miami and, then, 22nd Avenue, Northwest, by 112th Interstate Highway, and for you to go ahead and see if you could reassign additional personnel at night that would be given the main responsibility of dealing with the situation with the homeless in our streets. You know, it's not fair for the City of Miami to have to carry the burden of the 153 May 11, 1999 homeless for all of G?eater Miami, but this is where they come to. This is where they come to sleep and. as I said, we've done a great job, but we still have to finish the job and the job will not be finished unless we find additional shelters to be opened in other areas, unless we reassign additional personnel. They all don't have to be police officers to work those shifts, where we have the homeless living in the streets. Chief William O'Brien: Yes, sir. We'd be glad to participate in those discussions, and we're presently looking at reallocation resources to put a few more troops on the evening shift. Mayor Carollo: Would it be possible for you, Chief, to take on the task of coordinating a meeting between Alvah Chapman and the people from the Homeless Trust Program, the City Manager's Office, my office, and those that work for us in the City on this issue, so that we could try to come to a meeting of the minds and find some additional beds, where we could alleviate the situation for us. And, finally, have the. City Miami streets, that we don't have any homeless sleeping anywhere in them. Chief O'Brien: I'll be glad to do that. Chairman Plummer: Thank you. Mayor Carollo: Thank you. 70. RESCHEDULE MAY 25 COMMISSION MEETING TO JUNE 8. (See label 13). Chairman Plummer: All right. The City Attorney has asked me to clarify that where we have moved -- to my colleagues, we've moved the meeting of -- for the last meeting in May over to June. Moved by Teele. 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 Teele, who moved its adoption: RESOLUTION NO. 99-362 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF MAY TO COMMENCE AT 2:00 P.M. ON-JUNE 8, 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 154 May 11, 1999 71. DISCUSSION CONCERNING THE PROPERTY LOCATED AT 121 SE 1 STREET — NEED TO CHANGE CODE WHICH HOLDS LANDLORDS RESPONSIBLE FOR TENANTS WHO DO NOT HAVE OCCUPATIONAL LICENSES. Chairman Plummer: My blue copies are the following: Mr. Manager, Mr. City Attorney, I brought to your attention of — the gentlemen are here from the downtown property of 121 Southeast 1st Street. These gentlemen have a 10-story building. I think that it is absolutely ridiculous — and I'm asking you to work with them — to say to these gentlemen that the tenants in their building, who fail to take out a Certificate of Occupation or CU -- I'm sorry. Occupational license, that it is their fault. They did not commit any criminal activity. A tcnant did not take out an occupational license, that you're going to fine them and put a lien against their building. Mr. Alejandro Vilarello (City Attorney): Commissioner — I'm sorry. Chairman Plummer: Now... Mr. Vilarello: I did speak with the gentlemen earlier. Apparently, all of his tenants have pulled their occupational licenses. However, both owners -and tenants of property are equally responsi -- as responsible for violations. - Chairman Plummer: But I think the law needs to be changed, sir, OK? I don't think that we should hold a landlord responsible or fine him when it is not he who is committing the criminal act, if you want to call it a criminal act. Mr. Donald Warshaw (City Manager): Right. Chairman Plummer: OK, it's not a crime... Mr. Vilarello: It's a code violation. Chairman Plummer: But it's a fineable offense. Let's put it that way. Mr. Vilarello: However, the law has long been built up. The owner is in the best position to assist in the enforcement of compliance with the laws in the City. Chairman Plummer: Mr. City Attorney, just because it's been wrong all these years, doesn't mean that it might need to be changed. The people who are committing the offense are the people who don't take out the occupational license. I'm asking you to work with these gentlemen because it affects all the people in the downtown, who suddenly look and feel that they're going to be fined for something they didn't do and have no responsible for, all right? Gentlemen, if you will, work with the administration. I want you to come back in 30 days and let's find out what we have been able or not able to accomplish. Mr. Arnold Lieberman: Mr. Commissioner, I'm Arnold Lieberman. Chairman Plummer: Right. Mr. Lieberman: At 121 Southeast 1 st Street. We had another issue that was regarding — we wanted to ask... Chairman Plummer: The sprinklers. Mr. Lieberman: Right. And we wanted to have the... Chairman Plummer: Well, that you've go to work with the City Attorney because what you're asking for there is a reduction in the. fine that was applied. And if you tell the same story to the City Attorney that you told to me. sir, I think he's reasonable and he will not do anything other than reduce that fine, who only he 155 May 11, 1999 has that authority. ` Mr. Lieberman: Right. I spoke to him and he just wanted me to have you request it. Chairman Plummer: I'm requesting, sir, that you do that. OK. Thank you. 72. DISCUSSION CONCERNING THE AMENDMENT TO SECTION 2502 OF THE CITY'S ZONING ORDINANCE - KENNEL. Chairman Plummer: The other item that I have is the amendment to Section 2502. Someone has applied or wishes to apply, Mr. City Manager, for the purposes of possibly putting in a very large kennel. We are restricting to five dogs. I'm asking this matter go to the Planning Department for research and bring it up as an item to come back to the City Commission. Ms. Dena Bianchino (Assistant City Manager): You want ifto go to the Zoning Board first? Chairman Plummer: Whatever it should be... Ms. Bianchino: OK. Chairman Plummer: ...in the normal process. Ms. Bianchino: OK. 73. DISCUSSION CONCERNING THE CREATION OF A BUDGET ANALYST AND FINANCIAL AUDITOR FOR THE CITY COMMISSION. Chairman Plummer: Mr. City Manager, I'm asking, as Commissioner Teele has asked for in the past, and I totally agree, maybe we don't need a budget analyst as much as we need a financial auditor for the City Commission. I would ask, sir, that you come back, that we have it on a quarterly basis or whatever basis, to give us a recommendation of what it would cost and what your recommendations are so that this Commission has its own, which doesn't mean that any information given to us would not be shared with the Mayor or anyone else, but that would be someone who is answerable, directly, to this City Commission, not the Manager and not the Mayor, but to this City Commission. And I would ask that that be done. Mr. Manuel Gonzalez-Goenaga: May I say something on this particular issue? Chairman Plummer: Our expert on everything. Go ahead, sir. Mr. Gonzalez-Goenaga: Well, the easiest way, Mr. Manager, is to transfer the Auditing Department of the present City of Miami, under the direct supervision of this Commission. Period. It should have been that way for many, many years. Chairman Plummer: That's what I'm recommending, sir. Mr. Gonzalez-Goenaga: Well. So, it doesn't cost an additional auditor, just that department, just transferring under your supervision, and you appoint the auditor. Chairman Plummer: Thank you, sir. 156 May 11, 1999 74. DISCUSSION CONCERNING THE SITUATION EXISTING AT THE BUILDING LOCATED AT 2351 DOUGLAS ROAD REGARDING THE EXHAUST PIPES. Chairman Plummer: The other item, Mr. Manager. Mr. Manuel Gonzalez-Goenaga: Let's save money, not spend money. Chairman Plummer: Mr. Bloom, is this exhaust pipe. Mr. Manager, it is inconceivable to me that a building can run an exhaust pipe that goes over into these people's yard. Now, I'm being told that this building is fully in concurrence with our ordinance. So, what does that tell me? The ordinance is wrong. That they do not have to take that exhaust high enough, to dissipate into the air and not go over into these people's yard. Mr. Donald Warshaw (City Manger): Building Code. Chairman Plummer: OK. Then, I think it needs changing. Ms. Dena Bianchino (Assistant City Manager): Commissioner? Chairman Plummer: Dena. Ms. Bianchino: It's the South Florida Building Code and we have no authority to change it. We have, however, had discussions with the adjacent owner, the new Building Director, Frank Rollason, 'is going to be meeting with him again. He has told us he will voluntarily fix the problem. I know that he has not yet done it. We are going to pursue the matter. Commissioner Regalado: Excuse me. He did that... Commissioner Sanchez: J.L., it should be a good neighbor act. Chairman Plummer: Well, we've been trying. I mean, he's been around to each and every one of you. Commissioner Sanchez: I don't how he's managed to stay there for so many years with that ongoing problem. Chairman Plummer: He loves it. Commissioner Sanchez: No. Listen, he just -- he's picked a fight that he's not going to stop until he wins. And all there is, there should be a good neighbor act... Chairman Plummer: Absolutely. Commissioner Sanchez: ...on behalf of that business to do everything possible to get along with everybody. Mr. Warshaw: And, Commissioner, that's what we're trying to do, is bring it to a concIusion.outside of the... Chairman Plummer: Mr. Bloom, like you and I only concur and agree on one thing and that's Maria's Restaurant. Mr. Bloom, if they don't do it, kick them. 157 May 11, 1999 75. COMMENTS REGARDING WYNWOOD FREE TRADE ZONE'S DETERIORATION. Chairman Plummer: All right. I have just a couple of items, Mr. Mayor -- Mr. Manager, if I may quickly, and then we'll go into pocket items. Mr. City Attorney, I am getting very concerned and many calls of concern. Wynwood Free Trade Zone. It's deteriorating. The building is not being maintained. It is not being upkept, and I am concerned where are we — when are we going to move? Mr. Alejandro Vilarello (City Attorney): I will provide you and City Commission with a report before the end of the week of exactly when foreclosure procedures will commence. Chairman Plummer: OK. 76. REQUEST CERTIFICATES OF APPRECIATION FOR RANSOM EVERGLADES SCHOOL FOR ALEVIATING TRAFFIC CONGESTION ON MAIN HIGHWAY. Chairman Plummer: I would like to congratulate, Mr. Manager, and ask that a Certificate of Appreciation be given to Ransom Everglades School. They have been part of this task force, with myself and Commissioner Morales from the County, for the purposes of trying to alleviate the problems on Main Highway, without anybody forcing them to do it. They have opened up on the Royal Road side and are stacking their traffic off of Main Highway. It is working beautifully. And I think we need to commend them for doing that, on their own, without anybody forcing them to do it. 77. REQUEST ASSISTANCE FOR PARKING FOR SOYKA, LEBANESE RESTAURANT AT S.W. 24 TH AVENUE AND DIXIE HIGHWAY FOR PARKING UNDER RAPID TRANSIT AREA DURING EVENINGS. Chairman Plummer: My final thing is, I would ask you, Mr. Manager, a number of people and, in particular, the Lebanese Restaurant, that has just gone in with a million dollar ($1,000,000)'facility at 24th and Dixie Highway, are begging that consideration be given for parking under the expressway. I, for the life of me, cannot understand why the County is putting up any kind of stumbling block where they have the availability of additional revenue. Walgreen's got it. They say yes, in some cases and no in some cases. This restaurant would like to say open in the evening, but without the additional parking, they cannot afford to do so. Mr. Donald Warshaw (City Manager): I'll take a look at it. Chairman Plummer: I would say... Commissioner Regalado: It's not even under. It's next to. Chairman Plummer: No. They want parking under it, as others have it. Commissioner Regalado: No, but next to the fence is what they want. Chairman Plummer: But I'm saying to you that — Mr. Manager, I think that the consideration by the County should be the entire rapid transit underneath there could be used for parking and additional revenue... Mr. Warshaw: I'll personally call the County Manager first thing in the morning. Chairman Plummer: Well, I think you need to work with Clark Cook on it, and they can take it from there. But please look at it. Mr. Warshaw: I will. 158 May 11, 1999 78. COMMENTS re PROPOSED TAX TO PEOPLE WHO COME INTO MIAMI-DADE COUNTY. Chairman Plummer: The final thing that I've heard in the paper, that I'm concerned about is the Carrey Plan of taxing people who are coming into Dade County. I don't know what it entails, but it scares me. I don't know what it's saying, but I am asking you to get the full extent of that plan and please let this Commission know what is going on, because it scares me. Commissioner Sanchez: J.L., it's as good as your turning the City Miami into a County. 79. SOCCER GAME BETWEEN HONDURAS AND HAITI AT ORANGE BOWL STADIUM BY INTERFOREVER SPORTS - AUTHORIZE CAP ON USE FEE. Chairman Plummer: It's not quite as good. OK. Pocket items. The first one -- well, that one they asked me to do. Sanchez. Commissioner Sanchez: Yes, sir. Chairman Plummer: A pocket item.... Commissioner Sanchez: Pocket item... Chairman Plummer: ...on 75 -- where did this one come from? Commissioner Sanchez: ...which has been recommended by the City Manager and the Law Department. A resolution relating a professional soccer game between Honduras and Haiti, to be held May 21, 1999 at the Orange Bowl Stadium, and presented by Inter Forever Sport, Incorporated. Authorizing a cap or user fee of seven thousand five hundred dollars ($7,500). Chairman Plummer: Do you recommend, Mr. Manager? Mr. Donald Warshaw (City Manager): Yes, sir. Chairman Plummer: All right. Moved by Sanchez. Seconded by Regalado. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-363 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING TO -A PROFESSIONAL SOCCER GAME BETWEEN HONDURAS AND HAITI, PRESENTED BY INTERFOREVER SPORTS, INC., TO BE HELD MAY 21, 1999 AT THE ORANGE BOWL STADIUM AND AUTHORIZING A CAP ON THE USER FEE OF $7,500 FOR SAID EVENT, FURTHER CONDITIONING SAID AUTHORIZATION HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APLICABLE FEES ASSOCIATED WITH SAID EVENT, OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. 159 May 11, 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 80. ACCEPT BID: E.D.F.M. CORPORATION FOR INSTALLATION OF BLEACHERS ON CONCRETE SLABS AT CITY PARKS ($150,116). Chairman Plummer: The next pocket item is Mr. Teele. Mr. Teele, pocket item relating to two city parks. Commissioner Teele: This is a pocket item. A resolution, which has been signed by the Mayor — the Manager, authorizing the furnishing and installation of bleachers in concerts slabs at various City parks. Chairman Plummer: Mr. Manager, you recommend? Mr. Donald Warshaw (City Manager): Yes, sir. Chairman Plummer: Mr. Teele makes the motion. Regalado seconds the motion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-364 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF E.D.F.M. CORPORATION, FOR THE FURNISHING AND INSTALLATION OF BLEACHERS ON CONCRETE SLABS AT VARIOUS CITY PARKS, FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $150,116; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND FROM A STATE LEGISLATIVE GRANT FOR CAPITAL IMPROVEMENT PROJECT NOS. 331403, 331310, 331351, 331070, 331384, AND 331391, AND FROM A STATE LEGISLATIVE GRANT FOR PROJECT NO. 331360, AS APPROPRIATED BY GENERAL APPROPRIATION ORDINANCE NO. 11705, AS AMENDED. 160 May 11, 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 Chairman Plummer: Mr... Mr. Warshaw: For the record, the funding is available. Commissioner Teele: And that's not to exceed a hundred and fifty thousand. 81. APPROVE SOD AT GIBSON PARK AND WILLIAMS PARK FROM LYONS LORD & COMPANY UNDER MLAMI-DADE COUNTY CONTRACT ($32,890). Commissioner Teele: The second resolution is similar. Authorizing the furnishing of Sod, Gibson and Williams Park, not to exceed thirty-two thousand, and this is also the Manager's recommendation. Chairman Plummer: Mr. Manager recommend? Mr. Donald Warshaw (City Manager): Yes, sir. Funding is available. Chairman Plummer: Moved by Teele. Seconded by Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-365 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE FURNISHING AND INSTALLATION OF SOD AT GIBSON PARK AND WILLIAMS PARK BY LYONS LORD & COMPANY, FOR THE DEPARTMENT OF PARKS AND RECREATION, UTILIZING EXISTNG MIAMI-DADE COUNTY CONTRACT NO. 6079-2/01, IN AN AMOUNT NOT TO EXCEED $32.890; ALLOCATING FUNDS THEREFOR FROM THE PARK DEVELOPMENT FUND AND COMMUNITY DEVELOPMENT BLOCK GRANT. 161 May 11, 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 82. TEMPORARY STAGE FOR CELEBRATION OF ARTHUR MCDUFFIE CANDLELIGHT VIGIL AND MALCOLM X CANDLELIGHT SERVICE ($500). Commissioner Teele: The final one is a pocket item authorizing the furnishing and installation of temporary stage celebration for the Arthur McDuffy Candlelight vigil, which will be held May 17th and May 15th in different locations, with the City making available the equipment and any costs — and if there are any costs not to exceed five hundred dollars ($500) with the funding to be available... Chairman Plummer: Mr. Manager, you recommend? Mr. Donald Warshaw (City Manager): Yes, sir. Chairman Plummer: Moved by Teele. Seconded by Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show none. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO.99-366 A MOTION AUTHORIZING THE FURNISHING AND INSTALLATION OF A TEMPORARY STAGE FOR THE CELEBRATION OF THE AUTHUR MCDUFFIE CANDLELIGHT VIGIL, WHICH WILL BE HELD ON MAY 17, AT 4055 N.W. 17 AVENUE IN MIAMI; AND FOR THE MALCOLM X CANDLELIGHT SERVICE, WHICH WILL BE HELD ON MAY 15, AT GWEN CHERRY PARK, 6950 N.W. 22 AVENUE IN MIAMI, FOR A TOTAL AMOUNT NOT TO EXCEED $500. 162 May 11, 1999 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. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 83. COMMENTS re PROBLEMS OF ADULT CONGREGATE LIVING FACILITIES — LOOPHOLES IN LAWS AND PROLIFERATION OF SAME. Chairman Plummer: Does anybody else got any pocket items? Commissioner Regalado: Yes. Chairman Plummer: Mr. Regalado. Commissioner Regalado: I would like to — the Commission to direct the City Attorney to work with the administration and prepare some legislation regarding the Adult Living Facilities in the City of Miami. We have been dealing with that for many months, but we need to have some kind of legislation. The legislation that is now in the City books, apparently, it's either not enforced, but apparently, has several loopholes and the Adult Living Facility situation is getting out of hand in the City. Mr. Alejandro Vilarello (City Attorney): Commissioner, as we discussed, in order to look into that issue, it's necessary for us to get an analysis of the existing ALF's (Adult Living Facilities) in the City, and I would need the... Commissioner Regalado: The administration... Mr. Vilarello: ...help from the administration in getting that kind of information. Commissioner Regalado: The administration has a lot of information. The Fire Department has visited most of them, if not all of them. Building and Zoning have the addresses. The problem is with the State of Florida, but -- and the problem with the Zoning Codes, the five hundred feet. The problem is that people are buying houses in between to use our warehouses -and blocks — entire blocks are being used for that. So, we -- I'm requesting to the City Attorney to draft legislation. 84. COMMENTS re COMMODORE PLAZA BLOCK PARTY. Chairman Plummer: All right. I've been asked to announce that in Coconut Grove, on May the 21 st, from 7:30 to 10 p.m., the Commodore Plaza Block Party, sponsored by all of the cafes, restaurants, galleries, jewelers, boutiques and salons of Commodore Plaza. You're all invited to be there, 7:30 to 10 p.m., on May the 21 st on Commodore Plaza. 163 May 11, 1999 85. EMERGENCY ORDINANCE: AMEND 11557, `STOP VIOLENCE AGAINST WOMEN" - INCREASE APPROPRIATIONS ($114,755) - - GRANT FROM FLORIDA DEPT. OF COMMUNITY AFFAIRS ($80,000) AND MATCHING ($34,755). Chairman Plummer: I have an ordinance, which has been asked by the Police Department. It reads. Commissioner Sanchez: So moved. Chairman Plummer: Moved by Sanchez. Seconded by Regalado. All in favor, say "aye." Mr. Walter Foeman (City Clerk): It's two roll calls. It's an emergency ordinance. Chairman Plummer: It an emergency. Call the -- I'm song. It's -an ordinance. Read the -- call the roll. Second reading. An Ordinance Entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11557, ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED, "STOP VIOLENCE AGAINST WOMEN," TO INCREASE SAID APPROPRIATIONS, IN THE .AMOUNT OF $114,755, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR $80,000 AND IN - KIND SERVICES MATCH OF $34,755; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER ALLOCATING $34,755 FROM THE POLICE DEPARTMENT. GENERAL OPERATING BUDGET AS - IN -KIND MATCHING FUNDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez and seconded by Commissioner Regalado, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J. L. Plummer, Jr. Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 164 May 11, 1999 4 ., T Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Regalado, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J. L. Plummer, Jr. Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: _ Vice Chairman Wifredo Gort SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11798 Chairman Plummer read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public 86. REQUEST MIANH SPORTS AND EXHIBITION AUTHORITY TO ASSIST LOCAL INDIVIDUAL WHO WISHES TO SAVE CHALK AIRLINES IN WATSON ISLAND. Chairman Plummer: Gentlemen, hold on a minute. I have been approached for one of the keepsakes of this community, namely, Chalk Airlines. As we probably have seen in the paper, there is a local individual who wants to step into the picture and feels that he can save Chalk Airlines. I would like to pass a motion at this time, instructing the administration to do all that is humanly possible, being fair to everyone concerned and, so, to the City., to have the administration immediately meet with this gentleman and to try to work out something that they can present to this City Commission at our next Commission meeting. I so move. Commissioner Teele: Mr. Attorney? Mr. Alejandro Vilarello (City Attorney): The only I'd like to add to that motion, of course, MSEA (Miami Sports and Exhibition Authority) is the entity that can actually accommodate that kind of facility on Watson Island, so that would include that the administration work with MSEA. Chairman Plummer: MSEA? Mr. Vilarello: Miami Sports and Exhibition Authority. Chairman Plummer: I don't understand that, but if that's the case, that's fine with me. I don't know why they have to be involved. Commissioner Teele: Are we in the bankruptcy proceeding? Are we in the proceeding out in Texas on this, the bankruptcy proceeding? Mr. Vilarello: Yes.. Yes, we are. Chairman Plummer: Supposedly yesterday. Mr. Vilarello: Yes, sir. Chairman Plummer: OK. Commissioner Teele: I second the motion. Chairman Plummer: All right. All in favor, say "aye." 165 May 11, 1999 V The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. The following motion was introduced by Chairman Plummer, who moved its adoption: MOTION NO.99-367 A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO DO ALL POSSIBLE TO ASSIST THE LOCAL INDIVIDUAL WHO WISHES TO SAVE CHALK AIRLINES; FURTHER INSTRUCTING THE MANAGER TO COME BACK WITH A RECOMMENDATION AT THE NEXT COMMISSION MEETING. Upon being seconded by Commissioner Teele, 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 87. COMMENTS re PLANNING STUDY OF 17 AVENUE, 15 1AVENUE AND N.E. 2 AVENUE CORRIDOR LACK OF-- PARKING IN INNER CITY. Chairman Plummer: Is there any other vitally, pressing, on fire items to come before this board? Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Manager, I have been waiting for this update on the 17th Avenue — 15th Avenue -- Northeast 2nd Avenue -Business -- the planning process. I'm asking the City Clerk to pull the two resolutions that were passed, and that instructed the planning process... Mr. Donald Warshaw (City Manager): The corridor studies? Commissioner Teele: Yes. Mr. Manager, everything that J.L. Plummer just said about this — was it Lebanese or Italian restaurant. Chairman Plummer: It's Arabic over on 24th and Coral. Commissioner Teele: That middle eastern goes also in — and the biggest problem that we have found throughout the inner city, in the black community, is the lack of any parking. There is just zero parking. And we've got to — and I'm hopeful that the Community Development Office will make this a major initiative, in the coming year, as a part of how we will use -- but, J.L., and Mr. Mayor and Commissioners, when you drive through -- I mean, if you go to Range Funeral Home —just to use.an example of someone, clearly, who is respected, who has paid their dues — there's no parking at all around there, and the problem has been. traditionally, for the last 30 years, we have not had parking in the inner city. Now — I mean, you know. I respect Commissioner Plummer trying to get parking for the restaurant over there, and I commend you for that, but parking is a problem -- the Mayor and Commissioner Carollo -- I mean, Commissioner 166 May 11, 1999 .0 Plummer were at this restaurant the other night, Soyka. The biggest thing they had to do was create parking. and we need to factor in parking — I think one of the things that sort of got disjointed is, when we created an Off -Street Parking, the City sort of assumed that Off -Street Parking was going to take care of the parking and they were supposed to, and I think they've done a relatively good job in what they've done. The problem has been, the mom and pop, the inner city businesses, the various business corridors, particularly. 17th Avenue, 7th Avenue, 3rd -- Historic 3rd Avenue business corridor. There is just absolutely no parking. So, I would just ask, Mr. Manager, if we could arrange to have that for the second meeting in June, giving everybody notice to get that planning study and try to begin a process that will coordinate with the CDBG (Community Development Block Grant) process to address this long term problem, please. Mr. Donald Warshaw (City Manager): Yes, sir. Chairman Plummer: Mr. Teele, as I said that, under all of these expressway. It provides them with a possible source of revenue. OK. 88. COMMENTS re TIMETABLE FOR PROPOSED CHARTER AMENDMENTS — PIGGY BACK ON COUNTY BALLOT IN SEPTEMBER 1999. Commissioner Regalado: One last thing. Chairman Plummer: Oh, I'm sure there was one last thing. Commissioner Regalado: OK. I'd like to ask the City Clerk... Chairman Plummer: Did you wait until Boom -Boom left? Commissioner Regalado: No. Yeah, I did. Chairman Plummer: Ohs OK. Commissioner Regalado: ...the City Clerk and the City Attorney to give us a timetable for the different dates that the Commission has to approve any Charter Review amendments. Since the County will be holding a referendum, we could probably piggyback without any costs to the City, any issue or some of the issues that the two committees are working on it. This will be in September. The County is proposing... Commissioner Teele: But why would we want to piggyback on the County? Commissioner Regalado: Because it's free. On November it will cost, citywide, forty-five thousand dollars ($45,000) and, so, that's what the City Clerk... Chairman Plummer: How about next year? Mr. Walter Foeman (City Clerk): No. Commissioner, excuse me. It's not free but the cost is very... Commissioner Regalado: Well, I mean, it's free because it's countywide. Chairman Plummer: How about next year? Commissioner Regalado: Next year. is the millennium and, you know... Chairman Plummer: That sounds good to me. Commissioner Regalado: ...you want to do everything before the end of the world. Mr. Alejandro Vilarello (City Attorney): Commissioner? 167 May 11, 1999 VP Commissioner Teele:` Is what he -- may I ask? What you're saying is that, if the County has a countywide ballot, then, all of the precincts are going to be open so, there's actually no charge to the City, other than the administrative charge of printing or whatever? Mr. Foeman: Right. There's administrative charges. There's a minimum cost for the conduct of the election and there's the advertising costs, as well. Commissioner Teele: That's a lot of difference between a hundred thousand dollars ($100,000)... Mr. Foeman: Yeah. You're looking at a basic administrative costs of three to five thousand dollars, piggyback on a countywide, plus the advertising costs of anywhere from nine to eleven thousand dollars. Commissioner Teele: Is Commissioner Gort aware of this and is his process... Mr. Foeman: I haven't talked with Commissioner Gort. Chairman Plummer: Well, I'm sure you'll address it on June the 8th. Mr. Vilarello: Commissioner, with regard to the November elections, a memorandum has already gone out to you all. As of yesterday, of course, the County had not called a special election. I don't know -- they did meet today. I don't know they called a special election. As soon as they do, I will provide you the window of opportunity for any Charter amendments, should this City Commission wish to put an item on that ballot. Chairman Plummer: On November or September? Mr. Vilarello: The Commissioner's asking me about a special election in September. A countywide special election in September. Mr. Foeman: I will provide the Commission with a breakdown in terms of the comparative costs between September and November. Chairman Plummer: Well -- but, you know, somewhere along the line we haven't even had that item before us as a City Commission yet. Mr. Vilarello: The Commissioner is just simply asking, what would be the window of opportunity in the event that... Chairman Plummer: OK. If that's all he's asking, all right. 89. COMMEND CITY CLERK ON DILIGENCE OF PASSPORT ACCEPTANCE FACILITY. Chairman Plummer: I think that we should commend our City Clerk. He had ten thousand... Mr. Walter Foeman (City Clerk): It was about seventy-eight hundred four hundred and eighty-two. Chairman Plummer: Give or take a thousand people. We're not going to call you a liar. He has done a tremendous activity with this Passport Acceptance. And let me tell you, he's done the ten thousand. He expects to do twenty thousand in the next go round. And now he's got so much money, he's going to buy us all dinner. Are there any other items to come before this august body on May? It is adjourned. 168 May 11, 1999 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:59 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK JOECAROLLO MAYOR 81 �Ol �b S i AON-66 03AI903U 169 May 11, 1999