HomeMy WebLinkAboutCC 1999-07-13 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD JULY 13, 1999
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter A Foeman/City Clerk
I
INDEX
MINUTES OF REGULAR COMMISSION MEETING
JULY 13, 1999
ITEM NO. SUBJECT LEGISLATION
1. REFER TO MANAGER'S PROPOSED BUDGET FOR 7/13/99
COMMITTEE ON BEAUTIFICATION AND ECOLOGY. DISCUSSION
2
2. PRESENTATIONS & PROCLAIMATIONS, 7/13199
DISCUSSION
2
3. CONSENT AGENDA. 7/13/99
DISCUSSION
3-7
3.1 ACCEPTING THE BET PLANT SERVICES, INC., DB/A 7/13/99
BPS EQUIPMENT RENTAL & SALES, FOR NEW R 99-472
ARTICULATED BOOM LIFT, FOR THE DEPARTMENT 5
OF CONFERENCES, CONVENTIONS, AND PUBLIC
FACILITIES $42,406).
3.2 ACCEPT BID OF PROMEDIX, INC., FOR DISPOSABLE 7/13/99
HEAD IMMOBILIZES, ($9,664.50), FOR THE R 99-473
DEPARTMENT OF FIRE -RESCUE. 6
3.3 ACCEPT BID OF TROPICAL GLASS & CONSTRUCTION 7/13/99
CO., FOR BULLETPROOF GLASS AT FIRE STATION ON. R 99-474
12 FOR THE DEPARTMENT OF FIRE -RESCUE. 6
3.4 HURRICANE SHUTTERS AT FIRE STATION NO, 12 7/13/99
FROM SEA VIEW INDUSTRIES, INC., JEFF ROBINSON R 99-475
SHUTTER CO., INC., HURST AWNING CO., INC., OR 6
ROLLADEN, INC. UNDER MIAMI-DADE COUNTY
CONTRACT ($100,000), FOR THE DEPARTMENT OF
FIRE -RESCUE.
3.5
FUNDING FOR PARKS AND RECREATION SUMMER
7/13/99
PROGRAM FIELD TRIPS, ($12,460) FROM THE LAW
R 99-476
ENFORCEMENT TRUST FUND.
7
3.6
FUNDING OF NEW BETHEL BAPTIST CHURCH
7113/99
SUMMER CAMP YOUTH PROGRAM, ($5,222) FROM THE
R 99-477
LAW ENFORCEMENT TRUST FUND.
3.7
FUNDING OF GANG REDUCTION ACTIVITIES AND
7/13/99
SPORTS PROGRAM (G.R.A.S.P.), ($99,138), FROM THE
R 99-478
LAW ENFORCEMENT TRUST FUND.
4
RESTRICT VEHICULAR AND PEDESTRIAN ACCESS TO
7/13/99
SOUTHWEST 57TH AVENUE ALLEY AT THE NORTH
R 99-479
AND SOUTH PROPERTY LINES OF ADRIAN AUTO
8-9
SERVICE LOCATED AT 40 SOUTHWEST 57TH AVENUE.
ESTABLISH NEW SPECIAL REVENUE FUND: "MIAMI- 7/13/99
DADE COUNTY EMS GRANT AWARD (FY `98-99)," AND ORDINANCE 11811
APPROPRIATING FUNDS ($218,135.82) CONSISTING OF 9-10
A $98,135.82 GRANT APPORTIONED BY MIAMI-DADE
COUNTY FROM THE STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES GRANT PROGRAM FOR COUNTIES," AND
$120,000 1N CARRY-OVER FUND BALANCE FROM
PREVIOUS EMS GRANT AWARDS.
6 AMEND CODE SECTIONS 35-302 THROUGH 35-311, 7/13/99
AND ADDING NEW SECTION 35-312 "MOTOR ORDINANCE 11812
VEHICLES AND TRAFFICNALET PARKING"; PROVIDE 10.14
FOR ESTABLISHMENT OF VALET PARKING IN OFFICE,
COMMERCIAL AND INDUSTRIAL DISTRICTS
CITYWIDE; PROVIDE FOR BIANNUAL PERMITS, AND
RELATED FEES, RULES, REGULATIONS,
RESTRICTIONS, AND APPEALS, SETTING FORTH
ENFORCEMENT PROVISIONS.
(A) MANAGER TO NEGOTIATE WITH OVERSIGHT 7/13/99
BOARD TO PROVIDE FOR REDUCTION IN AD M 99-480
VALOREM TAXATION AND FREEZE ON FIRE FEE; ORDINANCE 11813
14-36
(B) AMEND CODE, TO INCORPORATE PROVISIONS
FOR IMPOSITION AND COLLECTION OF PARKING
FACILITIES SURCHARGE AT A RATE OF TWENTY
PERCENT (20%) OF THE FEE PAID FOR THE USE OF A
PARKING SPACE IN A PARKING FACILITY IN THE
CITY OF MIAMI.
CONDOLENCES; ESTHER M. SOBRINO HUERTA. 7/13/99
R 99-481
37
9 AMEND CODE SECTIONS 13-2 AND 13-6 7/13/99
"DEVELOPMENT IMPACT FEES/IN GENERAL," TO ORDINANCE 11814
ELIMINATE THE EXEMPTION FROM THE PAYMENT OF 38
IMPACT FEES FOR ANY DEVELOPMENT USING CITY -
OWNED LAND.
10 CONTINUE CONSIDERATION OF PROPOSED 7/13/99
AMENDMENT TO CODE SECTION 31-50 "LICENSES M 99-482
AND MISCELLANEOUS BUSINESS 38.42
REGULATIONS/OCCUPATIONAL LICENSES," BY
AMENDING THE EXISTING SCHEDULE OF
OCCUPATIONAL LICENSE TAXES WHICH SETS FORTH
THE CLASSIFICATIONS AND RATE SCHEDULE FOR
THOSE PERSONS OR, ENTITLES DOING BUSINESS.
11 AMEND CODE SECTION 38-63 "PARKS AND 7/13/99
RECREATION/USE REGULATIONS" TO CHANGE THE ORDINANCE 11815
LANGUAGE TO BE CONSISTENT WITH FLORID 42-43
STATUTES AS IT RELATES TO THE FLORIDA LITTER
LAW.
12 FIRST READING: AMEND CODE SECTION 40-97 (A) (1) 7/13/99
"PERSONNEL/CIVIL SERVICE RULES AND ORDINANCE
REGULATIONS," TO EXTEND PROBATIONARY PERIOD 43-44
FOR CLASSIFICATION OF POLICE OFFICER.
13 FIRST READING ORDINANCE: AMEND CODE 7/13/99
SECTIONS 42-67 THROUGH 42-70 ORDINANCE
"POLICE/COMPLAINTS AGAINST POLICE OFFICERS," 44-45
TO TRANSFER THE OFFICE OF PROFESSIONAL
COMPLIANCE ("OPC") FROM THE OFFICE OF THE
CHIEF OF POLICE TO THE OFFICE OF THE CITY
MANAGER.
14 FIRST READING ORDINANCE: ESTABLISH NEW 7/13/99
SPECIAL, REVENUE FUND "COPS 3-1-1"; ($423,737), ORDINANCE
CONSISTING OF A GRANT FROM THE U.S. 45-46
DEPARTMENT OF JUSTICE; OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES, COPS TECHNOLOGY
GRANT AWARD.
15 FIRST READING ORDINANCE: AMEND 11638, WHICH 7/13/99
ESTABLISHED INITIAL RESOURCES AND ORDINANCE
APPROPRIATIONS FOR A SPECIAL REVENUE FUND 46-47
ENTITLED: "WEED AND SEED ASSET FORFEITURE; TO
INCREASE SAID APPROPRIATIONS, ($50,000),
CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF
INVESTIGATION ("FBI").
16
AUTHORIZE MANAGER TO EXECUTE AMENDMENT
7113/99
NO. 2, TO THE MANAGEMENT AGREEMENT OF
R 99-483
MELREESE GOLF COURSE WITH BUNKERS OF MIAMI
47-49
FOR THE PURPOSE OF EXTENDING THE COMPLETION
DATE FOR THE CONSTRUCTION OF THE CLUBHOUSE.
17
AUTHORIZE MANAGER TO EXECUTE AGREEMENT,
7/13/99
WITH MEDAPHIS PHYSICIAN SERVICES
R 99-484
CORPORATION, FOR EMERGENCY MEDICAL
49-51
TRANSPORT BILLING AND COLLECTIONS.
18
EMERGENCY WAIVER OF SEALED BIDS — APPROVE
7/13/99
PROCUREMENT OF 35 SETS OF FIREFIGHTER
R 99-485
PROTECTIVE CLOTHING FROM BENNETT FIRE
51-52
PRODUCTS CO., INC. ($32,000).
19
EMERGENCY WAIVER OF COMPETITIVE, SEALED BIDS
7/13/99
— APPROVE REPAIR OF THE KEY BISCAYNE PUMPER
R 99-486
TRUCK'S PUMP AND TRANSMISSION BY TEN-8 FIRE
52-53
EQUIPMENT, ($10,077)
20
TABLE CONSIDERATION OF:
7/13/99
(A) PROPOSED INCREASE IN CONTRACT WITH ROYAL
DISCUSSION
RENT -A -CAR (FOR DEPARTMENT OF COMMUNITY
53-54
DEVELOPMENT) [See section 64] PROPOSED BID
AWARD TO INTERAMERICAN CAR RENTAL, INC. (FOR
DEPT. OF COMMUNITY DEVELOPMENT) [See section 65]
PROPOSED REALLOCATION OF MONIES FOR AUTO
RENTAL SERVICES - ROYAL RENT -A -CAR AND
INTERAMERICAN CAR RENTAL (FOR POLICE DEPT.)
[See section 66]
(B) DEFER CONSIDERATION OF PROPOSED
REALLOCATION OF FUNDS ($320,000) TO
EVERGLADES CENTER APARTMENTS PROJECT TO BE
LOCATED AT 282 N.E. 2 STREET, DOWNTOWN TARGET
AREA - FROM HOPWA FUNDS TO HOME FUNDS.
21
AUTHORIZE MANAGER TO ENTER INTO A
7/13/99
SETTLEMENT AGREEMENT, WITH BROWNING FERRIS
R 99-487
INDUSTRIES, INC., ("BFI"), RELATIVE TO A DISPUTE
54-55
INVOLVING THE PAYMENT OF A PERCENTAGE OF
GROSS RECEIPTS COLLECTED FROM CERTAIN
ACCOUNTS BFI BELIEVED TO BE EXEMPT FROM
PAYMENT OF SAID FEE.
22
(A) AUTHORIZE MANAGER TO ENTER INTO A
7/13/99
SETTLEMENT AGREEMENT, WITH WASTE
R 99-488
MANAGEMENT, INC., RELATIVE TO A DISPUTE
55-57
INVOLVING THE PAYMENT OF A PERCENTAGE OF
GROSS RECEIPTS COLLECTED FROM CERTAIN
ACCOUNTS WASTE MANAGEMENT BELIEVED TO BE
EXEMPT FROM PAYMENT OF SAID FEE.
(B) BRIEF COMMENTS RE: SOLID WASTE RFQ.
23
BRIEF COMMENTS REGARDING NORTHWEST AREA
7/13/99
PROBLEMS CONCERNING DRAINAGE, STREET
DISCUSSION
CLEANING, STORM WATER UTILITY MONIES, WATER
57-58
BILL, PUBLIC WORKS - CONTACT PAT McCOY.
24
(A) APPROVE PURCHASE OF RECYCLING
7/13/99
CONTAINERS FROM REHIG PACIFIC COMPANY,
R 99-489
UTILIZING EXISTING WEST PALM BEACH COUNTY
58-59
CONTRACT, FOR THE DEPARTMENT OF SOLID
WASTE, ($4,726.80).
(B) COMMENTS REGARDING LITTER CONTAINERS BEING
VANDALIZED FOR THEIR ALUMINUM LEAVING GARBAGE
SCATTERED.
25
NONPARTISAN PRIMARY ELECTION ON NOVEMBER 2,
7/13/99
1999, FOR THE NOMINATION OF CANDIDATES FOR
R 99-490
THE OFFICES OF THREE COMMISSIONERS, AND FOR
60-63
HOLDING A LATER GENERAL MUNICIPAL ELECTION
ON NOVEMBER 9, 1999 - COMMENTS REGARDING
DEADLINE TO QUALIFY ON SATURDAY.
26
SETTLEMENT: ELSE ESPINEL, $40,000.
7/13/99
R 99-491
63-64
27 SETTLEMENT: HELENA. NELSON, $60,000. 7/13/99
R 99-492
64-65
28 BRIEFLY DISCUSS AND WITHDRAW CONSIDERATION 7/13/99
OF PROPOSED SETTLEMENT WITH CHALK'S DISCUSSION
INTERNATIONAL AIRLINES IN CONNECTION WITH 65-66
THE REDEVELOPMENT OF THE WATSON ISLAND AIR
TERMINAL FACILITY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS OF ALL
NECESSARY RELATED AGREEMENTS AND TO
PRESENT SAID AGREEMENTS TO THE CITY
COMMISSION FOR ITS REVIEW AND APPROVAL
PRIOR TO EXECUTION.
29
EMERGENCY WAIVER OF REQUIREMENTS FOR
7/13/99
COMPETITIVE SEALED BIDS, AND APPROVING
R99-493
PROCUREMENT OF CHLORINATING BRIQUETTE
66-67
TABLETS, FOR THE DEPARTMENT OF PARKS AND
RECREATION FROM COMMERCIAL ENERGY
SPECIALIST, INC., ($19,678.50).
30
EMERGENCY WAIVER OF REQUIREMENTS FOR
7/13199
COMPETITIVE SEALED BIDS, AND APPROVING
R 99-494
PROCUREMENT OF BULK LIQUID CHLORINE AND THE
67-68
RENTAL OF CHLORINE STORAGE TANKS, FOR THE
DEPARTMENT OF PARKS AND RECREATION,
UTILIZING EXISTING FLORIDA INTERNATIONAL
UNIVERSITY CONTRACT WITH COMMERCIAL
ENERGY SPECIALIST, INC. ($14,687.50).
31
DISCUSSION CONCERNING THE MONTHLY
7/13/99
FINANCIAL REPORT INCLUDING THE BUDGET
DISCUSSION
OUTLOOK AND A FINANCIAL UPDATE.
68-69
32
APPROVE COCONUT GROVE VILLAGE COUNCIL
7/13/99
ELECTION OF CANDIDATES, ON NOVEMBER 2, 1999
R 99-495
CITY ELECTION BALLOT.
70-71
33 COMMENTS REGARDING CLERK OFFICE OPEN ON 7/13/99
SATURDAY FOR DEADLINE TO QUALIFY AS DISCUSSION
CANDIDATES FOR ELECTION [See section 25]. 71-73
34 (A) NEED TO INCLUDE COMMISSIONER 7/13/99
REPRESENTING A DISTRICT TO EVENTS, MEETINGS DISCUSSION
SCHEDULED 1N HIS DISTRICT; [See section 59] 73-75
(B) PARKING CONCERNS AT JIMBO'S (FISH MARKET)
IN VIRGINIA KEY; [See section 53]
(C) PROPOSED BOOT ORDINANCE FOR SCOFFLAWS;
[See section 352]
(D) GATE HOUSES IN MORNINGSIDE DISTRICT.
35 RATIFY TECHNICAL CHANGES TO INTERLOCAL 7/13/99
COOPERATION AGREEMENT WITH COMMUNITY OMNI/CRA R-99-9
REDEVELOPMENT AGENCY (CRA). SEOPW/CRA R-99-11
76-85
36 APPOINT RICHARD JUDY AS EXECUTIVE DIRECTOR 7/13/99
OF CRA - SALARY / BENEFITS/ANNUAL REVIEW. OMNI/CRA R 99-10
SEOPW/CRA R 99-12
85-89
37 DISCUSS REPEAL OF INDEPENDENT CRA AND U.S. 7/13/99
HOUSING AND URBAN DEVELOPMENT FUNDING DISCUSSION
POLICY, PROGRAM AND PROCEDURES REVIEW 90-92
COMMITTEE -- SCHEDULE NEXT CRA MEETING FOR
JULY 26, 1999.
38 AUTHORIZE USE OF JAMES L. KNIGHT CENTER 7/13/99
AUDITORIUM BY ARIE KADURIE ENTERPRISES FOR R 99-496
"MANA" CONCERTS. 92-93
39 RECONSIDER AND RE -ADOPT WITH MODIFICATION:
7/13/99
AGREEMENT WITH MEDAPHIS PHYSICIAN SERVICES
R 99-498
CORPORATION FOR EMERGENCY MEDICAL
94-95
TRANSPORT BILLING AND COLLECTIONS. [See section
117]
40 DISCUSSION REGARDING ALLAPATTAH NET OFFICE -
7/13/99
PRODUCE MARKET.
DISCUSSION
95-102
41 APPOINTING RASHA SORAY, LUIS COSTA, RAMIRO
7/13/99
MARRERO AS MEMBERS OF THE CITY OF MIAMI
R 99-499
AFFIRMATIVE ACTION ADVISORY BOARD _
M 99-499.1
REAFFIRM APPOINTMENT OF SAM MASON.
103-104
42. DEFER CONSIDERATION OF APPOINTMENTS TO THE 7/13/99
CODE ENFORCEMENT BOARD, DISCUSSION
104
43.
APPOINT RICHARD KUPER, BRENDA LEE AS
7/13/99
MEMBERS OF THE STEERING COMMITTEE OF THE
R 99-500
COMMUNITY RELATIONS BOARD - WAIVE
R 99-501
RESIDENCY REQUIREMENT FOR TOM GABRIEL.
104-109
44.
APPOINT MARCIA GRAYSON AS A MEMBER OF THE
7/13/99
MIAMI AUDIT ADVISORY COMMITTEE.
R 99-502
109-110
45.
APPOINTING MARY ANN DAVID, CARLOS ENRIQUEZ,
7/13/99
ELI FEINBERG, ALEX FERNANDEZ, CANDANCE
R 99-503
TRUSTEE AS MEMBERS OF THE FINANCE COMMITTEE
111-113
PURSUANT TO THE CITY OF MIAMI DEBT
MANAGEMENT POLICY.
46.
APPOINT SALLYE JUDE, JOSEFINA SANCHEZ PANDO,
7113/99
PAULINE RAMOS, MARIE ROSY TOUSSAINT, SONIA
R 99-504
YARH-SCHNEIDER, CRYSTAL GRIGGS, LUISA
113-115
GARCIA-TOLEDO, VIVIAN CRUZET, JEAN WHIPPLE,
ALLYSON WARREN, MARICELA CARBALLO DE
ARIAS, SUSANE TORRIENTE, RACHAEL ISAN,
YVONNE BAYONA, LOURDES BLANCO, ROSA
ARMESTO, ANA MARIA CHARTRANS, NILSA
VELASQUEZ, PINKY SANDS, TIFFANI LEE, MARLENE
BASTIEN, AS MEMBERS OF THE COMMISSION ON THE
STATUS OF WOMEN.
\-
47 APPOINT PAUL SINGERMAN AS MEMBER OF THE 7/13/99
BAYFRONT PARK MANAGEMENT TRUST. R 99-505
116-117
48 APPOINT BERNICE SAWYER AS MEMBER OF 7/13/99
VIRGINIA KEY PARK CIVIL RIGHTS TASK FORCE. R 99-506
117-118
49 DESIGNATE COMMISSIONER TOMAS REGALADO AS
7/13/99
LIAISON TO COMMITTEE REGARDING CUBAN
M 99-507
RAFTERS.
118-119
50 AUTHORIZE OPERATION OF FLEA MARKET BY
7/13/99
C.C.A.L. CORPORATION AS TEMPORARY SPECIAL
R 99-508
EVENTS AT 1480 NORTHWEST NORTH RIVER DRIVE
119-120
(MAHI SHRINE PROPERTY): PROHIBITING THE SALE
OR PREPARATION OF ANY FISH PRODUCT.
51 BRIEF COMMENTS REGARDING LOT CLEARING - IN 7/13/99
HOUSE. DISCUSSION
120-121
52 COMMENTS REGARDING BOOT CARS OF SCOFFLAWS 7/13/99
[See section 434] DISCUSSION
121
53 (A.) REQUEST ONE STING OPERATION (DRUGS, 7/13/99
PROSTITUTION) BY POLICE DEPARTMENT PER WEEK DISCUSSION
PER NET DISTRICT - INCORPORATE INTO BUDGET); 122-131
(B) RESEARCH WHAT HAPPENS IN THE COURTS TO
CASES OF ARRESTS MADE IN THE CITY OF MIAMI;
(C) EDUCATION NEEDED CONCERNING VICTIMS OF
CRIME HAVING TO PRESS CHARGES AND TESTIFY IN
COURT AGAINST CRIMINALS;
D) ENFORCE LAWS REGARDING BARS WHICH SELL
ALCOHOL WITHOUT PROPER PERMITS - ILLEGAL
GAMBLING AND PROSTITUTION;
E) ALTERNATIVE TO PARKING FEES AT JIMBO'S
(FISH MARKET) IN VIRGINIA KEY, [See section #34].
54 DISCUSSION: WORKERS COMPENSATION - ALLEGED 7/13/99
ABUSES. DISCUSSION
131-139
55 AMEND CODE SECTION 2-612 7/13/99
"ADMINISTRATION/CONFLICTS OF INTEREST," TO ORDINANCE 11816
LIMIT A CITY EMPLOYEE'S APPEARANCE BEFORE 139-141
ANY CITY OF MIAMI BOARD, COMMISSION OR
AGENCY.
z
56 $25,000 TO SMALL BUSINESS OPPORTUNITY 7/13/99
CENTER FROM COMMUNITY DEVELOPMENT R 99-509
BLOCK GRANT (CDBG) FUNDS FOR COMMERCIAL 141-142
FAIYADE PROGRAM FOR BUSINESSES LOCATED IN
S.W. STH STREET.
57 SCHEDULE ZONING ITEMS OF JULY 27, 1999 AT 4 P.M. 7/13/99
— CONTINUE MEETING OF JULY 27, 1999 TO JULY 29, M 99-510
AT 2 P.M. 142-145
58 DISCUSSION CONCERNING AN UPDATE ON PUBLIC 7/13/99
SERVICE PROGRAMS ON NET 9 -- BROADCAST ON M 99-511
CABLE TELEVISION NET 9 ALL BOARD MEETINGS 145-156
(WATERFRONT AND OTHERS) WHICH TAKE PLACE IN
CITY HALL CHAMBERS -- SCHEDULE PRESENTATION
ON PARKING SURCHARGE FOR JULY 27.
59 DISCUSSION CONCERNING PUBLIC RELATIONS IN 7/13/99
THE OFFICE OF MEDIA RELATIONS -- NEED TO DISCUSSION
CONTACT EACH COMMISSIONER PRIOR TO 157-165
SCHEDULING EVENTS AFFECTING THEIR RESPECTIVE
DISTRICTS.
DISCUSSION CONCERNING PLANS TO TRIM TREES
60 AND CLEAN DRAINAGE SYSTEM THIS SUMMER; 7/13/99
CONSTRUCTION SERVICES, STATE CONTRACT - DISCUSSION
HADLEY PARK, TEST PROJECT. 165-167
61 DISCUSSION CONCERNING A STATUS REPORT ON 7/13/99
THE HADLEY PARK COMMUNITY CENTER PROJECT. DISCUSSION
167-172
62 DISCUSSION CONCERNING AN UPDATE ON THE 17TH 7/13/99
AVENUE CORRIDOR. DISCUSSION
172-174
63 AUTHORIZE INCREASE IN CONTRACT WITH ROYAL 7/13/99
RENT -A -CAR, ($75,000), FOR AUTOMOBILE RENTAL R 99-512
SERVICE, FOR THE DEPARTMENT OF COMMUNITY 174-176
DEVELOPMENT.
64 APPROVE BID OF INTERAMERICAN CAR RENTAL, 7/13/99
INC., UTILIZING EXISTING MIAMI-DADE COUNTY R 99-513
CONTRACT FOR PROVISION OF AUTOMOBILE 177-179
RENTAL SERVICE FOR THE DEPARTMENT OF
COMMUNITY DEVELOPMENT ($125,000); ALLOCATING
FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND
WORKFORCE DEVELOPMENT GRANT FUNDS. [See
section #20]
a
65 AUTHORIZE MANAGER TO REALLOCATE MONIES 7/13/99
APPROVED FOR THE PROVISION OF AUTO RENTAL DISCUSSION
SERVICES BY ROYAL RENT -A -CAR, INC., ($306,240), TO 179-181
INTERAMERICAN CAR RENTAL, BY INCREASING ITS
CONTRACT FROM $306,240 TO $612,480, FOR THE
POLICE DEPARTMENT, ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND. [See section 420]
66 DISCUSSION: AFSME UNION SETTLEMENT - $1.8 7113/99
MILLION SECTION [See Section #69] DISCUSSION
181-182
67 APPOINT MARIA MEDEL TO CHARTER REVIEW AND 7/13/99
REFORM COMMITTEE. R 99-515
182-183
68 DISCUSSION: AFSME (AMERICAN FEDERATION OF 7/13/99
STATE, COUNTY AND MUNICIPAL EMPLOYEES) DISCUSSION
UNION SETTLEMENT -- $1,8 MILLION GRIEVANCES 183-186
[See section 467]
i`
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of July 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 9:35 a.m, by Commissioner J.L. Plummer, Jr. (hereinafter
referred to as Chairman Plummer), with the following members of the Commission found to be
present:
Vice Chairman Wifredo Gort (District 1)
Chairman J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
Chairman Plummer: ... and then Community United clean-up that's also yours. All right,
Commissioner Sanchez has Mahi Mahi Classic.
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Are any of the people here for Mahi Mahi? All rightee, we have got people
here for that.
Commissioner Sanchez: Yes.
Chairman Plummer: Now, if I can get one more Commissioner, we are ready to go. Due to the
lack of interest, today has been canceled.
July 13, 1999
l . REFER TO MANAGER'S PROPOSED BUDGET FOR COMMITTEE ON
BEAUTIFICATION AND ECOLOGY.
Chairman Plummer: ... about trying to help out some things with the Beautification Committee.
Upcoming budget, if you would please, take that and that. Ma'am, the Manager now has your
request for a budget for beautification, it's in his hands, and if he doesn't do anything, we'll beat
him. Well, it's for budget.
2. PRESENTATIONS & PROCLAMATIONS.
Chairman Plummer: Morning, sir.
Commissioner Sanchez: Good morning. How are you?
Chairman Plummer: I am here, sir.
Commissioner Sanchez: Very well.
Chairman Plummer: Any... Has? Here we go. The queen and her court are not here, is that
correct? All right, well, I have a quorum. Community United is Commissioner Teele and he's
not here. Mr. Sanchez... Good morning, Willie. Mr. Sanchez, would you like to go with your
Mahi Mahi Classic, or do you want to wait for that?
Commissioner Sanchez: Yes, sir, Mr. Chairman.
Chairman Plummer: Proceed.
Commissioner Sanchez: Thank you.
Note for the Record: At this time, 9:42 a.m., Commissioner Regalado entered the Commission
Chambers.
Note for the Record: At this time, 9:44 a.m., Commissioner Teele entered the Commission
Chambers.
Chairman Plummer: All right, then. So then, we'll proceed and wait for that decision. And we
have no other... Does anyone else have ceremonial items?
Commissioner Sanchez: No.
Chairman Plummer: Nobody else have ceremonial items. This Commission is in adjournment
until 10 o'clock. I am sorry. Wait a minute. Is the Poinciana Court here? I have asked... This
Commission will stand in adjournment until five minutes of ten.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:46 AND
RECONVENED AT 9:52, WITH ALL MEMBERS OF THE CITY COMMISSION
EXCEPTING COMMISSIONER TEELE FOUND TO BE PRESENT.
2 July 13, 1999
Chairman Plummer: All right, ladies and gentlemen, it is now time, if everybody would please
stand. I would ask Commissioner Regalado to give us our prayer and Commissioner Sanchez to
lead us in the pledge of allegiance.
Commissioner Regalado: If we could all stand, please.
At 10:13 a.m., an invocation was delivered by Commissioner Regalado, after which
Commissioner Sanchez then led those present in a pledge of allegiance to the flag.
Chairman Plummer: This is the regular Commission meeting of July the lath. For the record,
there are three items, which have either been withdrawn or deferred. The first one is, item 13 has
been withdrawn; item 14 have been deferred, and item 29 by, withdrawn, all three by the
Manager. For the record, there are no vetoes that are forthcoming from the Mayor's Office of
previous Commission meetings. A motion is now in order to approve the Planning and Zoning
meeting of July the 23rd, 1998, it is moved by Commissioner Gort, it is seconded by
Commissioner Teele. All in favor say "aye"
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
13. CONSENT AGENDA.
Chairman Plummer: We are now on the Consent Agenda. Consent Agenda is items one through
seven. Is anyone wishing to speak on any item on the Consent Agenda item one through seven?
Commissioner Regalado: I have a question.
Chairman Plummer: Mr. Regalado. Question.
Commissioner Regalado: Yes, on item CA-5, this is the funding for trips to-- field trips for kids
from the inner city areas or with low income.
Chairman Plummer: Mr. Manager.
Commissioner Regalado: This is the right thing to do, but I wanted to know if we are using
already the one thousand dollars ($1,000) additional, that we get all -- every year to pay the
movies for all children.
Mr. Terrence Griffin (Asst. Director, Parks & Recreation): Good morning, Commissioners. Yes,
Commissioner Regalado.
Chairman Plummer: Hold it, your name and your department.
Mr. Griffin: OK, I am sorry. Terry Griffin, Assistant Director, Parks and Recreation
Department. And, in answer to your question, Commissioner Regalado. Yes, the one thousand
dollars ($1,000) is being used for movies for approximately 13 parks. Some of the kids have
July 13, 1999
0
attended already, but obviously, as the summer goes on they will be going. I could — I don't have
the specifics right now,1 could get back with you with the parks that have gone.
Chairman Plummer: All right, is anyone else wishing to speak to the Consent Agenda?
Commissioner Regalado: I also have a question about why do we charge the kids from the
different parks to go into a pool fifty cents ($0.50)? I mean, they do pay their summer camp, and
then when they, they are bussed to pools they are charged fifty cents ($0.50). These are our
pools, right?
Mr. Griffin: Yes, they are Commissioner.
Commissioner Regalado: Why are we charging them?
Mr. Griffin: Well, by Code we have to charge any admissions to any of our pools.
Commissioner Regalado: Right, but is this not included in what you pay when you pay for a
summer program?
Mr. Griffin: If you are in the summer camps...
Commissioner Regalado: Right.
Mr. Griffin: ...I don't think you are paying for the admission to the pools, just the other kids that
are going.
Commissioner Regalado: Yes, you are.
Mr. Griffin: It's the other kids that are going.
Commissioner Regalado: I think that some kids from the parks are paying. I would tell you to
check that, please.
Mr. Griffin: OK, I can look into that, but those attending the paid camps that have paid should not
be paying admission into the pools, it's just the other kids.
Commissioner Regalado: OK.
Chairman Plummer: Are there any other persons wishing to speak on the Consent? Let the
record reflect that no one else has come forward. Is there a motion?
Commissioner Sanchez: Move it.
Chairman Plummer: Motion by Sanchez, seconded by...
Commissioner Regalado: Second.
Chairman Plummer: ... by Regalado. All in favor say "aye."
4
July 13, 1999
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT AGENDA
ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE
CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR
CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND
SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE
AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER SANCHEZ
AND SECONDED BY COMMISSIONER REGALADO, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
3.1 ACCEPTING THE BET PLANT SERVICES, INC., D/B/A BPS EQUIPMENT RENTAL &
SALES, FOR NEW ARTICULATED BOOM LIFT, FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES $42,406).
RESOLUTION NO.99-472
A RESOLUTION ACCEPTING THE BID OF BET PLANT SERVICES, INC.,
DB/A BPS EQUIPMENT RENTAL & SALES, FOR THE PROVISION OF A
NEW ARTICULATED BOOM LIFT, FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES, IN AN
AMOUNT NOT TO EXCEED $42,406.00; ALLOCATING FUNDS
THEREFOR FROM CIP PROJECT NO. 325006, ACCOUNT CODE NO.
359301.830.
July 13, 1999
3 . 2 . ACCEPT BID OF PROMEDIX, INC., FOR DISPOSABLE HEAD IMMOBILIZES,
($9,664.50), FOR THE DEPARTMENT OF FIRE -RESCUE.
RESOLUTION NO.99-473
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF PROMEDIX, INC. FOR THE PROCUREMENT OF DISPOSABLE
HEAD IMMOBILIZERS, ON A CONTRACT BASIS FOR ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $9,664.50,
FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 105000.280502.6.714.
3.3. ACCEPT BID OF TROPICAL GLASS & CONSTRUCTION CO., FOR
BULLETPROOF GLASS AT FIRE STATION ON. 12 FOR THE DEPARTMENT OF
FIRE -RESCUE.
RESOLUTION NO.99-474
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF TROPICAL GLASS & CONSTRUCTION CO. FOR THE PROVISION
AND INSTALLATION OF BULLETPROOF GLASS AT FIRE STATION NO.
12 FOR THE DEPARTMENT OF FIRE -RESCUE, IN A TOTAL AMOUNT
NOT TO EXCEED $21,480; ALLOCATING FUNDS THEREFOR FROM CIP
PROJECT NO. 313300, "FIRE STATION CD RENOVATIONS", CDBG
ACCOUNT NO. 799650.
3.4. HURRICANE SHUTTERS AT FIRE STATION NO. 12 FROM SEA VIEW
INDUSTRIES, INC., JEFF ROBINSON SHUTTER CO., INC., HURST AWNING CO.,
INC., OR ROLLADEN, INC. UNDER MIAMI-DADE COUNTY CONTRACT ($100,000),'i
FOR THE DEPARTMENT OF FIRE -RESCUE.
RESOLUTION NO.99-475
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING
THE FURNISHING AND INSTALLATION OF HURRICANE SHUTTERS AT
FIRE STATION NO. 12 FROM SEA VIEW INDUSTRIES, INC., JEFF
ROBINSON SHUTTER CO., INC., HURST AWNING CO., INC., OR
ROLLADEN, INC., UNDER MIAMI-DADE COUNTY CONTRACT NO. 5101-
2/0200TR-CW-SW, IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT NO.313300.289301.6.860.
6 July 13, 1999
3 . 5 . FUNDING FOR PARKS AND RECREATION SUMMER PROGRAM FIELD TRIPS,
($12,460) FROM THE LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO.99-476
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING FOR THE CITY OF MIAMI PARKS AND RECREATION
SUMMER PROGRAM FIELD TRIPS, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $12,460, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND
690003, SUCH EXPENDITURE 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.
3. 6. FUNDING OF NEW BETHEL BAPTIST CHURCH SUMMER CAMP YOUTH
PROGRAM, ($5,222) FROM THE LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 99-477
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE NEW BETHEL BAPTIST CHURCH SUMMER CAMP
YOUTH PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $5,222, FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NUMBERS 690001, 690002, 690003, SUCH
EXPENDITURE 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.
3.7. FUNDING OF GANG REDUCTION ACTIVITIES AND SPORTS PROGRAM
(G.R.A.S.P.), ($99,138), FROM THE LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO.99-478
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE GANG REDUCTION AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT OT TO EXCEED $99,138, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002,
690003, SUCH EXPENDITURE 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.
July 13, 1999
4. RESTRICT VEHICULAR AND PEDESTRIAN ACCESS TO SOUTHWEST 57TH
AVENUE ALLEY AT THE NORTH AND SOUTH PROPERTY LINES OF ADRIAN
AUTO SERVICE LOCATED AT 40 SOUTHWEST 57TH AVENUE.
Chairman Plummer: Item two. Restricting vehicular and pedestrian traffic at 40 Southwest 57th
Avenue.
Commissioner Regalado: Move it.
Chainnan Plummer: Moved by Regalado.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. What is the reason for this? Is it a safety reason?
Commissioner Regalado: Safety.
Mr. Raul Martinez (Asst. City Manager): Commissioner, Raul Martinez, Assistant City
Manager. This is an alley that has been for many years disregarded with grass and dirt and
debris. We cleaned it, the City cleaned it not too long ago. It's still a narrow alley that's there.
Some of the businesses are afraid that people can get into, behind their business.
Chairman Plummer: It's understood that it will not become the property of someone?
Mr. Martinez: That is correct. They have been told specifically that you can close it, but you
can't use it to park cars... from there.
Chairman Plummer: All right, sir. There is...
Vice Chairman Gort: Mr. Chairman.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: We have that condition that takes place in many of our neighborhoods
where an alley was created, and maybe they were used at one time, but are no longer being used.
And my understanding from the reports that we get from the NET (Neighborhood Enhancement
Team) and the Police, a lot of these alleys are being used by the delinquents, and I think we
should look into all of them and see what we could do with them, if possible.
Chairman Plummer: OK, item two, all in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
8 July 13, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-479
A RESOLUTION OF THE, MIAMI CITY COMMISSION RESTRICTING
VEHICULAR AND PEDESTRIAN ACCESS TO SOUTHWEST 57TH
AVENUE ALLEY AT THE NORTH AND SOUTH PROPERTY LINES OF
ADRIAN AUTO SERVICE LOCATED AT 40T SOUTHWEST 57TH AVENUE
IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS,
AS MORE PARTICULARLY SET FORTH HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
5. ESTABLISH NEW SPECIAL REVENUE FUND: "MIAMI-DADE COUNTY EMS
GRANT AWARD (FY `98-99)," AND APPROPRIATING FUNDS ($218,135.82)
CONSISTING OF A $98,135.82 GRANT APPORTIONED BY MIAMI-DADE COUNTY
FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES GRANT PROGRAM FOR COUNTIES," AND $120,000
IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS.
Chairman Plummer: Item three. Item three is a special revenue EMS (Emergency Medical
Services) grant of two hundred and eighteen thousand. Moved by Gort, seconded by...
Commissioner Sanchez: Second.
Chairman Plummer: ... Sanchez. It is an ordinance, read the ordinance. Call the roll.
July 13, 1999
a'
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY
EMS GRANT AWARD (FY `98-99)", AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME IN THE TOTAL AMOUNT OF $218,135.82,
CONSISTING OF A $99,135.82 GRANT APPORTIONED BY MIAMI-DADE
COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES",
AND $120,000.00 IN CARRY-OVER FUND BALANCE FROM PREVIOUS
EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A
SF,VERABILITY CLAUSE,
passed on its first reading, by title, at the meeting of June 8, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Vice Chairman Gort
seconded by Commissioner Sanchez, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11811.
The ordinance was read by title into the public record by the City Attorney.
6. AMEND CODE SECTIONS 35-302 THROUGH 35-311, AND ADDING NEW SECTION
35-312 "MOTOR VEHICLES AND TRAFFICNALET PARKING'; PROVIDE FOR
ESTABLISHMENT OF VALET PARKING IN OFFICE, COMMERCIAL AND
INDUSTRIAL DISTRICTS CITYWIDE; PROVIDE FOR BIANNUAL PERMITS, AND,
RELATED FEES, RULES, REGULATIONS, RESTRICTIONS, AND APPEALS,
SETTING FORTH ENFORCEMENT PROVISIONS.
Chairman Plummer: Item four is a second reading on valet parking reducing the fees and many
other things. Moved by...
Commissioner Regalado: I'll move it. Question, question.
10
July 13, 1999
Chairman Plummer: Regalado, seconded by? Seconded by?
Vice Chairman Gort: Second. Discussion.
Chairman Plummer: Second, discussion by Gort. Mr. Regalado.
Commissioner Regalado: Yes, I am still uncomfortable with the amount of money that applicants
would have to pay. As we all know, it was one thousand dollars ($1,000) a month and nobody
paid. The Commission suggested one hundred dollars ($100) a month. What I see however, is
that the people would also have to pay Off -Street Parking ten dollars ($10) a day if they want to
rent a parking meter which in this case, is almost in any case where you have valet parking that
you need to rent a parking meter. That would be ten dollars ($10) day to be paid to the Off -Street
Parking. I still believe that we...
Chairman Plummer: Are you asking to defer?
Commissioner Regalado: No, no, no. No, no, I am not asking to defer, I am asking that we
should charge one thousand dollars ($1,000) a year, instead of twelve hundred dollars ($1,200)
because it sounds more logical for the people.
Chairman Plummer: So, from twelve hundred to a thousand, is that what you are saying?
Commissioner Regalado: Yes.
Chairman Plummer: Yeah, I think that...
Commissioner Teele: But, a one hundred, a one hundred dollars ($100) -- I mean, twelve
hundred dollars ($1,200) is one hundred dollars ($100) a month.
Commissioner Regalado: Yes.
Commissioner Teele: How much is a thousand dollars?
Commissioner Regalado: Well, it's about -- it's about ninety, ninety something.
Commissioner Teele: See, that's the problem.
Commissioner Regalado: No, but what I am saying, Commissioner is, what I am is that when
,you are going to do --
Chairman Plummer: The use of public property.
Commissioner Regalado: ...when you are going to do a valet parking, you have to also rent a
parking meter which is about ten dollars ($10) a day.
Chairman Plummer: All right, I don't think it's worth arguing for two hundred dollars ($200) all
day long. You want to reduce it to a thousand? Do it.
Commissioner Regalado: OK, I move for two --
July 13, 1999
Chairman Plummer: OK, anybody else? Mr. Gort, you wish to discuss?
Vice Chairman Gort: I would like to ask at the same time, and I have been able to look through
the documents, that we had certain conditions, a minimum amount of seats and size of the places
where they can use the valet parking.
Mr. Francisco Garcia, NET Administrator/Northeast Coconut Grove): Good morning, Mr.
Chairman and members of the City Commission. Francisco Garcia, Northeast Coconut Grove,
NET (Neighborhood Enhancement Team) Administrator. The answer to that question,
Commissioner Gort is, each applicant is going to be responsible for submitting a full-fledged plan
to the Public Works Department which will be evaluated on a case by case basis. No, a plan will
not be approved if it doesn't have sufficient storage spaces, but if it does have sufficient storage
spaces for the needs of that particular establishment then it would be recommended favorably.
Vice Chairman Gort: Well, my understanding is, we are going to put the minimum size.
Mr. Garcia: There is a minimum size for the ramping area of three spaces.
Vice Chairman Gort: No, I am talking about for the establishment to provide, because without
that, anybody can go ahead and do it.
Mr. Garcia: But that, again, that will ultimately be subject to review by the Public Works
Department, and if it were deemed to be too few spaces for the demand of the establishment, then
it would not be approved.
Chairman Plummer: Yeah, each has to put in an application of the Planning Department.
Vice Chairman Gort: So, it would be up to the judgment of the Public Works Department.
Chairman Plummer: Right.
Vice Chairman Gort: OK.
Chairman Plummer: Read the ordinance.
Mr. Alejandro Vilarello (City Attorney): Commissioner, at this point the permit fee is written as
a biannual fee. Mr. Chairman, as I understand it, the Commissioners consented to a reduction, to
a five hundred dollars ($500) biannually.
Vice Chairman Gort: Five hundred dollars ($500).
Chairman Plummer: So, it's five hundred dollars ($500) biannual. You need a calculator?
Commissioner Sanchez: I hope not.
Chairman Plummer: Call the roll.
12 July 13, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35/ARTICLE VIII OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, ENTITLED "MOTOR VEHICLES AND TRAFFICJVALET
PARKING"; PROVIDING FOR THE ESTABLISHMENT OF VALET
PARKING IN OFFICE, COMMERCIAL AND INDUSTRIAL DISTRICTS
CITYWIDE; PROVIDING FOR BIANNUAL, PERMITS, AND RELATED
FEES, RULES, REGULATIONS, RESTRICTIONS, AND APPEALS; SETTING
FORTH ENFORCEMENT PROVISIONS; MORE PARTICULARLY BY
AMENDING SECTIONS 35-302 THROUGH 35-311, AND ADDING NEW
SECTION 35-312 OF 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 June 8, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado,
seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11812.
The ordinance was read by title into the public record by the City Attorney.
Chairman Plummer: Item five.
Commissioner Teele: Mr. Chairman, before you leave that item.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, an item like this should have a budget analysis on it, and a
memo from the Budget Department or some department. I mean, this is an ordinance that creates
revenue, and I just think as a matter of --
Chairman Plummer: Are you speaking to item four?
Commissioner Teele: Number four.
13 July 13, 1999
Chairman Plummer: How do you know how many people are going to apply?
Commissioner Teele: Well, J.L., you know, we pay people hundreds of thousands of dollars a
year to make those things. Those are not decisions that our pay grade should make. The point
is...
Chairman Plummer: I'll buy that.
Commissioner Teele: The point is, is that as a matter of course any ordinance that creates
revenue under our rules and under our ordinances is supposed to be accompanied by, I mean,
even if it's unknown, it needs to get into the budget. Ms. Henry, do you understand? Mr.
Manager, it needs to be in the budget, looped in the budget net. When I am looking at the
cc's,(carbon copies), I mean, and who is coordinating and signing off on this. I mean, without
getting technical, the obvious omission is the fact that this ordinance has really not passed
formally through the Budget. It went through Public Works, it went through the Coconut Grove
Administrator, obviously, the impact is heavily in Coconut Grove, and I commend the Coconut
Grove NET, and the process for bringing this forward. But, it may have application downtown,
ultimately it's going to have application on Biscayne Boulevard, and I just think that this is how
we need to begin to make sure we don't get revenue that starts getting away from us, like we
have got all kinds of revenue that's getting away from us. Now, the...
Mr. Donald H. Warshaw (City Manager): You are talking about a revenue projection.
Commissioner Teele: That's right.
7. (A) MANAGER TO NEGOTIATE WITH OVERSIGHT BOARD TO PROVIDE FOR
REDUCTION IN AD VALOREM TAXATION AND FREEZE ON FIRE FEE; (B).
AMEND CODE, TO INCORPORATE PROVISIONS FOR IMPOSITION AND
COLLECTION OF PARKING FACILITIES SURCHARGE AT A RATE OF TWENTY,
PERCENT (20%) OF THE FEE PAID FOR THE USE OF A PARKING SPACE IN A
PARKING FACILITY IN THE CITY OF MIAMI.
Chairman Plummer: OK, item five. Parking Facilities, twenty percent surcharge. Motion by
Regalado, seconded by Sanchez.
Commissioner Sanchez: Second. Discussion.
Chairman Plummer: All right. Mr. Manager, there is a lot of questions. First and foremost, I
have two basic questions. Number one, it was told to me sometime ago, everybody pays, except,
and I will fight for exclusion of the parking meters, they are under bonds, OK. Now, the question
comes, are we going to charge everybody else? Are there any exclusions? Such as, is the School
Board going to be paying for their surcharge? Is the federal government going to be paying for
their surcharge? Because, none of these people by the way, to my knowledge, that are calling my
office, have been notified of procedures, formulas or how this is going to operate. So, I guess,
another question that I have is, when does this become effective where you were going to expect
people to start a process of collections? I'll give you another example. Taurus Restaurant came
to me and said "look, we do not charge people to park. We have a young man who we turned the
parking over to and he handles the parking and he collects the money. Now, are we going to be
14 July 13, 1999
responsible or is he responsible?" Those are some of the questions that we have. Mr. Manager,
you know, when you talk about this surcharge, it's nice and I think it's an easy way to do it for
the purposes of generating revenue. I think we also need to talk, Mr. City Attorney, whether it's
at this time or later, this Commission is already on record of reducing a half a mil of ad valorem
taxation from the proceeds. And, of course, as you know, I have fought and will continue to fight
that it also goes towards no increase in the fire fee, which in effect is a reduction of what is
proposed. So, those are the questions that I have. Mr. Manager, I have to tell you, I assume
other offices are getting the same phone calls that I am, that they just don't know what is
included, what is the process. Is there notification of every parking lot? Has the School Board
been notified? Has the federal government been notified? Has the Port of Miami been notified?
These are the things, I hope, you will be able to discuss now, but even more in depth in the
future, and I am sorry to take up so much time, but I think it's important.
Mr. Donald H. Warshaw (City Manager): Commissioner, let me answer the second part of your
question first. The staff, the administration, the Finance Department in particular, Mrs. Henry
has been working with the industry and we have put together, in effect, what's going to be an
instruction package that will go to everyone in the City who is affected by this. In answer to your
question about when this becomes effective, if it passes on second reading today, it becomes
effective in 30 days, August the i3th, and the first bills will be for the month of September. It
will go into effect on the first of September. We are going to be working with people throughout
the City who are impacted on this. That instruction packet will detail among other things, how to
weigh, where to pay, what to pay. We need to give the industry a chance to re -engineer their own
computer systems and their own systems to be in a position to pay. So, there is goingto be this
next 45 days or so for that to happen, but we are diligently working, and there will be a very
comprehensive information package that will go to all the users.
Chairman Plummer: Are the meters excluded?
Ms. Bertha Henry (Assistant City Manager/Finance & Administration): 'Yes, they are.
Chairman Plummer: OK. What about businesses that provide free parking.
Mr. Alejandro Vilarello (City Attorney): If they don't charge for parking, there is no assessment
against them.
Chairman Plummer: OK, what about condominiums whose parking charges are included in their
maintenance?
Mr. Vilarello: Residential is excluded. This is a charge against commercial only.
Chairman Plummer: Commercial only, OK. And, my final question.
Commissioner Teele: Would you yield on that point?
Chairman Plummer: Absolutely.
Commissioner Teele: Are we saying now that condominiums are residential?
15 July 13, 1999
Mr. Vilarello: The condominium is residential use. The parking associated with condominium,
residential condominium is excluded. It's not covered by this ordinance.
Chairman Plummer: Yeah, but for some reason, I know where Teele is coming from. We said
that condominiums were commercial when we talked about waste management fees.
Commissioner Teele: When we talked about fire fees, weren't they commercial?
Chairman Plummer: That's the... We're...
Mr. Vilarello: For the purposes of this ordinance, you define in connection with each ordinance
what your definition of commercial is.
Commissioner Teele: Well, I have got to say this, mister, Commissioner Plummer, this affects
your district more than any other district.
Chairman Plummer: Absolutely.
Commissioner Teele: I really think that we should be clear and have one City definition of this,
and I don't think considering condominiums for waste as commercial and considering them
residential for this, is something 1 am comfortable with. I mean, it may be legally permissible
but, 1 mean, I just think we ought to have some line and I want to be on record that I think
residential condominiums should be excluded. But on the other hand, you have major, and think
this through, Mr. Attorney. You have major commercial enterprises operating in condominiums,
operating parking.
Chairman Plummer: Yeah.
Commissioner Teele: I mean, parking revenue...
Mr. Vilarello: Commissioner...
Commissioner Teele: ... is you know...
Mr. Vilarello: Commissioner the ordinance doesn't actually even mention residential and or
commercial. As it's defined, it defines parking facilities, and parking facilities mean anything
that is opened to the general public for parking and charges, there is fee charged for parking.
Commissioner Teele: Mister, mister, Commissioner Plummer.
Chairman Plummer: Yes, sir.
Commissioner Teele: I think this requires you to look at this very closely, because the way
condominiums work is not the way it's being discussed in this ordinance. In condominiums,
most of the condominiums will have a valet parking service...
Vice Chairman Gort: They have to charge.
Chairman Plummer: Yeah, and they...
16
July 13, 1999
va
Commissioner Teele: ... that is available to the public...
Vice Chairman Gort: General public.
Chairman Plummer: Right. Mr. City Attorney, are you hearing this?
Mr. Vilarello: Yes.
Commissioner Teele: That's available to the public, that residents in their condominium
association basically have the right to use that. They normally pay, I mean, you know, somebody
was saying the other day that The Grand was only fifty dollars ($50) a month. Yesterday, I was
in a conversation with somebody that, that came up on a totally different matter. Talking about
how cheap it is, you know, the condo fees, et cetera, in The Grand as compared to some other
buildings. But, the point is this, what we don't need to do is create something where Monument
Parking or any of the other big parking companies who operate these condo associations open the
door to them to come back and say there is an equal protection issue here, and get the whole
ordinance thrown out. I am not sure that we have thought through carefully. I assume we have, I
am encouraged that there was a Request for Proposals to, out on the street now to get some
people more resources. I think that's very positive, Mr. Manager, but Commissioner Plummer, I
want to be on record as saying, I think residential condominiums should be exempted, and if the
ordinance is creating residential condominiums, for fire purposes as being commercial, and for
this purpose, it's being residential, I am very uncomfortable with that.
Chairman Plummer: Well, I just assumed that residential is residential. Now, the problem that
you have is, I think most of the valet parkings in condominiums are guests, most of them. Now,
he brings up another point. You have many condominiums with accessory uses which are
businesses, and how would you determine whether or not that the...
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Huh?
Commissioner Sanchez: Would you?
Chairman Plummer: No, I was trying to get an answer here if I could.
Commissioner Sanchez: Could you yield for just a?
Chairman Plummer: But how are you going to determine which one of them are guests, and
which one of them are going in to do business.
Ms. Henry: Commissioner, this is Bertha Henry, Assistant City Manager. This is the discussion
that as a committee we all, we spent a lot of time on. Those, in those instances, they would have
to pay the regulations and the procedures that we are developing would allow us to audit that
information or the activity at those facilities where there is dual use. And, at this point, the
ordinance contemplates that those individuals would have to pay.
Chairman Plummer: What about City parking?
17
July 13, 1999
Ms. Henry: I... Do you mean?
Chairman Plummer: You say everybody pays. Now we have four thousand at the Orange Bowl,
four thousand parking passes each football game that they pay for. Is the City going to pay the
City?
Ms. Henry: Yes.
Mr. Vilarello: Commissioner, the best way to address this issue is, this is a user fee. The user is
the one that pays the fee, and there is a specific exclusion in Section VII of the ordinance with
regard to tenants or residents in apartments or condominiums that it's not the City paying or the
federal government paying or anybody else paying, it is the user of the parking spot.
Vice Chairman Gort: User, it is the user.
Chairman Plummer: Excuse me. Are you indicating to me for, let me use the Orange Bowl, All
right. The person pays one hundred dollars for a parking pass for the Orange Bowl, I don't know
how much it is, but let's say one hundred dollars ($100). Now, normally, that money goes in, I
assume for the operation of the Orange Bowl. Now, are they going to be charged an additional
twenty percent now, be paid to the City?
Ms. Henry: Yes, they would.
Chairman Plummer: So, the City is paying the City.
Ms. Henry: No.
Vice Chairman Gort: No.
Ms. Henry: The individual buying the ticket...
Chairman Plummer: I understand, but it's coming out of those coffers, OK, All right. Mr.
Sanchez, you had some questions?
Commissioner Sanchez: Well, yes, first of all, on Section VII, it clearly states here that
condominiums are exempt. So, that's what I wanted to tell you.
Chairman Plummer: Well, that's why, you know, when you come down to residential.
Commissioner Teele: But, it doesn't say that.
Mr. Vilarello: No, it says the tenants and residents of condominiums are exempt.
Chairman Plummer: OK.
Mr. Vilarello: So, it does address that situation which Ms. Henry mentioned of the dual use, if
there is a... If someone is coming to the condominium area where there is a commercial use, that
individual pays for parking. There would be a surcharge against that individual.
18 July 13, 1999
Chairman Plummer: Right.
Mr. Vilarello: There is an exemption for the residents and tenants of the apartments and or
condominiums.
Chairman Plummer: Mr. Manager.
Commissioner Sanchez: Mister... No, Mr. Chairman.
Chairman Plummer: Mr. Sanchez, may I please, then I'll turn it over to you. Mr. Manager, I
would strongly recommend at the next Commission meeting that you have at least a 15-minute
presentation which can be shown over Channel 9, to inform the public or those who are going to
be affected that they, in fact, would have the knowledge and information, rules and regulations
that they are going to have to abide by. Now, would you like to do that at the lunch break? How
about if we do it right at 10:00 a.m. I want a specified time so people who are going to be
affected will know that if they can't be here to hear this presentation, that at 10 o'clock they turn
on their TV or their VCR and they will get, hopefully, all of the information that is necessary to
be in line for this particular thing. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I have other concerns...
Chairman Plummer: All right, sir.
Commissioner Sanchez: ... pertaining to the parking surcharge, especially on the Statute 218503.
It's been brought to my attention by other legislators in Tallahassee that want to make surethat
we don't deviate from the language mandated in the parking surcharge, and through the process
that we have gone through, we have said some things that do not fall under the language of that
Florida Statute. So I want to elaborate that whatever we do, we are mandated to follow the
Florida Statute on the parking surcharge. Now, there was some concern on the 60 to 80 percent
of the proceeds to be applied in the reduction of ad valorem taxes, and that was the millage. The
other 20 percent where it states a portion of it, should go into the reserves, we have to clearly
identify what that portion is going to be, and I have some questions that I would like the
administration to answer. The first question I have, we determined the span of services required
to ensure full compliance with the Code when it's applied 30 days after it's voted.
Ms. Henry: Yes.
Commissioner Sanchez: Yes. Has the City formulated a system to collect to ensure that
everyone is paying what they are required to pay or submitted to the City in conformance with
the City's regulations?
Ms. Henry: Yes.
Commissioner Sanchez: We do. So, we...
Chairman Plummer: I like those answers.
19 July 13, 1999
Commissioner Sanchez: Well, let's, because we are getting prepared for it. Now, I realize that
we have collected, we have not collected a penny yet, and whether this will be challenged in
court, we don't know. Probably it will, probably it won't, we'll see. But, one concern I do have
is that, as the liaison between the City of Miami and Tallahassee, I don't want to put myself and
my colleagues and the City of Miami in a situation where we don't comply with the language set
forth in the Florida Statute because what it does is, in the long run, it's going to jeopardize us
going to Tallahassee and asking for state assistance to assist the City. So, what I want to make
sure is, and that I ask the City Manager and myself and the Commissioners here is, that we abide
by the language set forth on the Florida Statute. Now, what percentage are we going to use to go
into the reserves, we don't know yet, because...
Chairman Plummer: No, you can't. You don't know how much....
Commissioner Sanchez: ... I have always stated, it's a mathematical formula missing a number,
but I know, and I am willing to put my name and reputation on it, and I am sure that the City
Manager will jump on the wagon with me, that we can come forward and ask the Oversight
Board, acting in good faith, and doing everything possible to get this City back on its fiscal
responsibility, is that I think that we can come up with seven million, six to seven million dollars
($7,000,000) in the parking surcharge, just by the slots that we have, that we have looked at and
studied. Now, if are able to do that, this legislative body must realize that there is an ordinance
set forth and voted unanimously on this Commission that sets forth, one, a reduction of the fire
fee by point five percent and a reduction of the fire fee, not a specific amount. But, what I would
like to put forward and see if my colleagues would support me on this is, that yes, we are willing
to stick our necks out, but I think the Oversight Board is willing to look at the City and see that
we have come a long way, we are acting in good faith and we are willing to work with them. Is
that I think, that if we direct the City Manager to negotiate during the summer with the Oversight
Board to come up with an agreement that yes, although we don't have it now, we will have that
amount of money. We could go forward with the ordinance, a reduction of five, point five, in the
ad valorem tax giving us maybe an opportunity to put the unspecific amount into the reserves for
the next two years where we know that we are OK this year, but I don't know how we are going
to do next year. With the additional money that goes into the reserves which is seven point five,
and correct me if I am wrong.
Mr. Warshaw: That's correct.
Commissioner Sanchez: Every year we could put that money in the reserve, and two years from
now when we are back on our feet, when this City is healthy financially again, we could come up
with that money and totally do away with the fire fee, because right now the capital, the fire fee,
which is needed, has basically goes, it goes into capital improvement for the Fire Department,
which the Fire Department did need new equipment and we needed to upgrade our fire houses,
our fire stations. But, I think that in two years, if we take that money and we put it into the
reserves, we build it up, we could take it out and reduce the fire fee. In the same aspect, we are
able to come forward with that resolution, put forward here and I want to make sure that it's on
the record that we did pass it unanimously to give our tax, our citizens, one of the biggest tax
relief in the history of the City of Miami which is a reduction of the fire fee which they are not
going to add, I believe it's not going to have the other amount being put forward on it. The
reduction of the point five, and along with that money that will be put in the revenue, reserves,
let's not forget that the contracts with the union will come back in the year 2002, if I am not
correct.
20 July 13, 1999
Mr. Warshaw: Correct.
Commissioner Sanchez: And, therefore, I think the City will be in a situation where we will be
healthy enough to put that forward. And, what I ask is, I ask my colleagues to yes, support me on
this. Two, the 80 percent will still go to the tax relief, but some of that money to fall in
accordance with the language set forward in Tallahassee and we're acting in a reasonable and in
good faith where we don't one, take a slap at anybody and especially, not the Oversight Board.
Two, the legislators in Tallahassee that through the whole process of the art of compromising
agreed to allow us to put forward in support of the parking surcharge, and that way, at the end of
the day, we have acted in good faith with everybody, we have a good relationship and we are able
to do what we wanted here at the City. So, therefore, Mr. Manager, I would ask the support of
my colleagues to direct you to negotiate with the Oversight Board, and see if they are willing to
allow us to do that. And, I think that being reasonable with that amount, I think they would
support it. Thank you.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: There are a lot of questions that I have from the beginning that you have
not been able to answer which had to do with the benefits, and the things that we need to realize,
and this is a point that I brought in from the beginning when we started talking aboutthis, is we
have three million dollars ($3,000,000) in new construction coming into the Miami area. We are
convincing people to come over and build and do office buildings and so on, and the fear that I
have, the complaints that I have received from some of the individuals is, there is a lot of
competition in Dade County. You have got people building outside in Coral Gables. You have
got quite a few new buildings going up. You have got quite a few buildings going up in North
Dade. Are we going to be able to compete and stay within the price range? So, my request is,
and I know you don't have the figures and you can't tell us, I would like to find out, as soon as
you can find out what the reduction on the taxes is going to be, especially on the major buildings.
Let the people know so they can figure out so they can pass that on to the tenants, because the
biggest complaint right now that I received is a lot of people negotiating their leases for the next
five to ten years. And, when you have 100 employees and you are paying the parking for 100
employees, for 150 employees, that adds to quite an amount of money which is, they are going to
look at their budget, and they are going to look at other alternatives. So, we have to make sure
that we don't put our people out of competition.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I agree with Commissioner Gort on the matter, but let's
not forget. We have, basically, put the burden on our taxpayers. This bill passed in the
legislation was designed to give the taxpayers of the City of Miami a relief so needed. If you
look at the numbers and how we did this, it is clearly designed to assist the citizens of Miami.
Well, the numbers state it very clearly. Eighty-two percent of the people affected, well they did
not live in the City. Then, these are the people that are coming into our City once again, being
employed in the City, using our services, Fire, Police, roads, trash, and when they leave and they
get their check and go back to their community and they spend their checks, we are the ones
being left with the burden of picking up their tab. Everyone, everyone who is up here, either one
was elected or appointed or how they got here, clearly has to take the responsibility of everynow
and again throwing the long pass or Hail Mary. Whether you score or you don't score, that's
21 July 13, 1999
what you are up here for, and that's what I think the community needs, people that are willing to
throw that long ball. Yes, in the process, we have upset some people, we do that every decision
we make up here. It's 50/50. The people that are going to be here with the parking surcharge,
they are going to be released with the point five reduction of the property tax. So, no matter what
decision we make, we are not going to please everybody, but you have got to realize that the
people that are being affected the most here are the people paying one, the highest millage in the
State of Florida, two, a fire fee which some have deemed unconstitutional, two, an increase of the
fire, of the garbage which to me, is reasonable because we are still losing money. The City still
has to pay money at the end of the year to compensate for the services we are providing, and
along with some other taxes that possibly will be coming up and being affected in the next couple
of months by an election. The penny sales tax, the increase of the occupational license, we can't
continue to tax our residents. We have to look for recurring revenue from outside the City of
Miami, and yes, that's what we are up here to do, and it's not easy to raise taxes. But, when the
situation like this came forward, and we had to go to Tallahassee and sell this, we did it because
we were looking out for the best interest of the residents of Miami who we represent. And, some
of the people that are going to complain, they are going to complain. They are going to say that
you competitioned. I guarantee you they are not going to be packing up the wagon and moving
out.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Which department will be in charge of overseeing the whole progress,
process?
Ms. Henry: The Finance Department.
Commissioner Regalado: OK, are we planning to hire an agency, or we are going to do it in-
house to send the bills, or check on these people who have parking?
Ms. Henry: Commissioner, we have a request for Letters of Interest out in the community, as we
speak, to solicit some assistance in the administration and enforcement of this program. Once
that process is completed, we will be able to clearly articulate to you how much of this activity
we will retain in-house. There is some function that we will always have, I, just as a normal
course of business, but the majority of the activity, it is our thoughts at this point that it be done
by an outside entity with experience and knowledge in this area.
Commissioner Regalado: Are they going to be working with a percentage or are we just going to
pay a flat fee? Do you have any idea, how much...
Ms. Henry: That's...
Commissioner Regalado: ... do you think that we are going to be paying to this entity to do the
work?
Ms. Henry: That's part of the assessment process right now. We, once they respond and we put
a competitive negotiation process into place, we will come back to you with a recommendation
on that.
Chairman Plummer: It should not exceed ten percent.
22 July 13, 1999
Ms. Henry: Five percent.
Chairman Plummer: That's even better.
Ms. Henry: Right now the way... Right now the ordinance is written to cap our administrative
expenses at five percent, and we plan to do that.
Chairman Plummer: OK.
Commissioner Regalado: And, just for the record, we committed to the people of Miami that 80
percent will be used to reduce taxes, and now the rest of the 20 percent.
Chairman Plummer: Sixty to eighty.
Commissioner Regalado: I am sorry.
Chairman Plummer: Sixty to 80.
Commissioner Regalado: I think that the Commission expressed 80...
Chairman Plummer: OK.
Commissioner Regalado: Eighty percent here, and I think that we, if we look at the records it's
80 percent, but what 1 am saying is that...
Chairman Plummer: It was my understanding. Excuse me. It was my understanding that it was
going to be the equivalent of half a mil, and because if you don't then...
Commissioner Regalado: The Commission, J.L., voted for 80 percent, I remember that. But,
what I am saying is that the...
Chairman Plummer: That's not what I remember.
Commissioner Regalado: ... the other five percent should not come from the 80 percent, but from
the 20 percent. The five percent that we'll be paying, it should not come from the 80 percent.
Mr. Vilarello: Mr. Chairman.
Chairman Plummer: Mr. City Attorney,
Mr. Vilarello: I think that we are mixing some issues here that are really confusing the situation.
The statute and the ordinance allow 60 to 80 percent to be set aside for the purposes of reduction
of ad valorem taxes and, or assessments. Prior to the enactment of the statute, this Commission
said, I think in a resolution that it was the Commission's intent to attribute 80 percent towards the
reduction of ad valorem taxes.
23 July 13, 1999
Chairman Plummer: All right, let me ask this question. What happens if it only requires 70
percent to reduce it by a half a mil, because that's what I understand our commitment is? To
reduce by a half a mil.
Mr. Vilarello: When this City Commission...
Chairman Plummer: Then, what happens?
Mr. Vilarello: ...gets numbers from the Budget Department or Finance Department on projected
revenues, it can make a decision based on percentage versus revenues, and I don't think you have
those, that information yet, so it's difficult for you to make that call.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to try to make sure that we ail are saying one thing, and that is, the
resolutions that we have passed in the past, were statements of intent, they are not binding and we
shouldn't pass those resolutions if we don't intend to do it. The problem with these resolutions,
and I can understand why we did something to send a message to say, Tallahassee, our legislative
body. But, as a matter of principle, these are dangerous kinds of resolutions without the budget
numbers. And, without the budget projections and a recognition as to what the numbers are from
our point of view, forget the Oversight Board for a minute, because they may or may not accept
our numbers. But, unless, until our professionals have numbers, these resolutions are merely
statements of where we are at that point in time. Now, the half a mil rollback that we have agreed
on is not binding, but that's certainly where I want to be in this process. The Manager of course,
has issued a budget which does not give deference to that, to that half a mil rollback. I was I
guess somewhat disappointed that the budget did not give deference to that, but in fairness to the
Manager, the Manager is paid to give us an independent recommendation, and I respect that, and
I encourage the Manager to continue to give us your best independent recommendation.
Chairman Plummer: But it has to be balanced.
Commissioner Teele: But the problem with all of this is this, when the Manager is operating at
one set of numbers and we are operating on a policy of another set of numbers, these two things
are going to collide or they all certainly going to have to cross, if not collide at some point. I am
not comfortable with the notion now that we can provide a half a mil in tax relief if the
Manager's budget is, basically, being assuming a full ten mils. And, one of the reasons, Mr.
Manager is this. You know, we literally become Iambs in a slaughter house, if you will excuse
that analogy. We don't have the analysis, we don't... All of the people who are experts on this
thing are working for the Manager. So we, you know, so if we are passing resolutions saying this
is our intent of a half a mil reduction, if the Manager's budget, which he's charged with
presenting, is coming to us saying, it's going to be a ten mil budget, we are basically going to
have to negotiate, and it puts, quite frankly, us in a position of being a very weak body. Because,
we don't have the ability, and I certainly, you know, am going to rely on the Manager's numbers,
not some number that each of us pull out of our hat, for lack of a better...
Chairman Plummer: And, I don't want to be a slaughtered Iamb.
24
July 13, 1999
Commissioner Teele: So, the problem that I have with all of this now, is if the Manager's budget
is ten mils, and that's where I understand that your budget is, is assuming ten mils.
Mr. Warshaw: That's correct.
Commissioner Teele: Then, how are we going to get to the half a mil? Because, my fear is now,
we are going to, basically, have to walk the plank. In other words, we are going to have to adopt
whatever recommendations the Manager gives us, because we are not going to have the
flexibility. So, again, I think one of the answers of course, lies in some degree of Charter reform
because there has got to be, just like the Congress and Clinton are fighting right now about the
budget deficit and what to do with it. If the Congress had to rely on Bill Clinton's Budget Office,
which is what we are in the position of having to do, it would only be one discussion. And, that's
what we are going to be, we are going to be wounding up with one discussion on these numbers,
because there is nobody who is going to come over here and present an alternative set of numbers
for us. And, Commissioner Plummer, I am, specifically, talking to you, because I think you
understand the problem and the distinction between when the Manager works for the
Commission versus when the Manager is independent of the Commission. And, I think having
the Manager independent of the Commission is healthy, and you know, I don't want that to be
misinterpreted. And, I think the Manager should not give us a budget of a half a mil reduction,
even though we voted unanimously for that, even though all of us have said that, if he honestly
doesn't believe that's the best budget from a professional point of view. But, the question just
reoccurs, is how are we going to get there and I can tell you right now, I am not going to rubber
stamp a budget. And, I am going to say right here and now, I am not going to vote for the full
millage...
Chairman Plummer: Ten mills.
Commissioner Teele: No, the full property tax, parking fee allocation which is what?
Commissioner Sanchez: Sixty and eighty.
Commissioner Teele: No, what's the? Under the state law, how much can we charge in parking
fees?
Commissioner Sanchez: Twenty percent.
Mr. Vilarello: Twenty percent.
Commissioner Teele: Yeah, 1 am not going to be for the full 20 percent, if the option is going to
get down to the fact that we got to approve the budget or not. I mean, I would rather go back to a
status quo and have no parking fee, if we are not going to have a budget...
Chairman Plummer: Absolutely, that's the whole thing behind it.
Commissioner Teele: ... you know, input. So, where are we, Mr. Attorney, on the? When do we
set the twenty percent or the eighteen percent of the fifteen percent or the ten percent?
Chairman Plummer: September l4th
25 July 13, 1999
Mr. Vilarello: No, you do that in the ordinance.
Commissioner Teele: When?
Mr. Vilarello: Today.
Chairman Plummer: Now.
Commissioner Teele: No, no, no.
Commissioner Sanchez: Mr. Chairman.
Commissioner Teele: Let me tell you something. You know, I am going to vote against this
ordinance, because unless you have got a budget, this thing is getting ready to become, this thing
could quickly become a bait and switch. We go first, the Commission goes first, and, then, the
budget comes up. We can't say we need twenty percent until we look at the total budget. And, I
mean, what's the twenty percent based upon?
Chairman Plummer: Mr. Manager.
Mr. Warshaw: OK, a couple of things. The budget that was submitted to you at the last meeting,
remember, if we didn't have an Oversight Board, there would be no requirement for that budget
to come forward in July. You would have seen that budget at the first meeting in September as
we always have historically done.
Chairman Plummer: No, sir. The policy of this Commission is, the Manager is to deliver a
budget to this Commission by no later than the 15th of July.
Mr. Warshaw: Let's, let me back up for a minute. The budget that went to the Oversight Board
contemplated ten mils because only the Commission by law in September can set the millage
rate. I can't anticipate, based upon discussions at the Commission, what the millage rate,and or
fire fee decreases are going to be. On the issue of the projection of revenue for the parking
surcharge with all the expertise out there, what we are really seeking is expertise on the collection
side, and the enforcement side. There are no experts who exist anywhere who are going to be
able to tell us today, how much money we are going to collect on the fire fees. A lot of numbers
have been thrown out there from eleven to fifteen million dollars ($15,000,000).
Unidentified Speaker: Parking fee.
Mr. Warshaw: On the parking, I am sorry, on the parking fees. We know we have forty, fifty,
sixty thousand spaces and we are zeroing in on what that number is, but in terms of the usage
where you have got a parking spot that might have a five or seven or eight dollar minimum for a
half hour, if that spot is used five times, three times, ten times, more on weekends, more at nights
of Heat games, we don't know all that yet. We are going to try to come up with the best, most
conservative estimate we can, and based upon what you do as it relates to millage reduction and,
or fire fee reduction, as Commissioner Sanchez stated, work throughout the summer with the
Oversight Board to try to convince them that this is an appropriate substitute revenue stream for a
tax decrease and, or fire fee decrease. And, in reality, what they have said so far on the record is,
because we don't have any historical data, there is a question as to what they will accept, but I
26 July 13, 1999
have a comfort level that they will certainly accept something, as we are going to work hard to
have that something be the maximum number.
Chairman Plummer: Well, let me put it this way, I think you have got a lot of homework to do
between now and the 27th, because I, for one, if you don't come back with the answers that have
been generated here today are going to ask for this item to be reconsidered at that meeting and
defer it out until we have the answers that we need. So, that's where I am at, and 1, you know, I
make it very clear. Half a mil in reduction of ad valorem and no increase in the fire fee. Other
than that, I vote against it.
Commissioner Sanchez: J.L.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mister Teele.
Commissioner Sanchez: I'll yield to Teele.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I mean, you know, I appreciate what you are saying, but
what you are saying quite frankly is meaningless if we are going to adopt an ordinance right now
that gives us a parking fee without a budget. And, I mean, I agree with what you are saying but,
you know, the problem here is, there is a strong sense that no one has read the Charter, no one
has read the ordinances. The budget is due, it was a compromise. The budget, it's supposed to
be due in June. If you read the County ordinances for which the local City ordinance was drawn
up for, that ordinance is, the budget is due, the Manager's budget is due in June in the County.
We agreed to slip it to July, OK. But, we don't get a budget in September, that's theold way of
doing things, because in September there is only thing you can do when you get a budget the day,
the week before you are going to vote on it, that's approve it. That's all you can do with a
budget. I mean, creatively, that's all you can really do. You can move around a few numbers
here and there, but we are talking now about a substantial part of the budget, and that is the
parking fees, and without a budget, without a full budget and looking at where these numbers are
fitting in, we are acting prematurely in my judgment. Because, I can tell you right now, once you
pass this, it's locked in. And, my position is, which is what you have just articulated is, if we
don't have a half a mil reduction, if we don't have a freeze on the fire fee increase, the scheduled
fire fee increase, I am voting against the budget. Well, that's easy to say, but you know, we sat
here last year through August because we didn't enact the fire fee, and I mean, you know, we got
caught in that thing. And, it's not enough to say, I am going to vote against it, you have got to
say where it's coming from, and my position is, if we pass the parking fee right now, we have no
assurance that we are going to get that half a mil reduction and that, and the fire fee decreased
based upon the documents that the Manager has put out today.
Chairman Plummer: Mr. Teele, did you hear what I said before? That if in fact, two weeks from
today they do not come back and demonstrate to us that which has been raised in questions here
today, I will make the motion to reconsider this item and defer it out until such time as we do get
the answers. One of the things that I think we have to remember...
27 July 13, 1999
Commissioner Teele: J.L., you see, let me tell you the problem with that. Let me tell you the
problem with that.
Chairman Plummer: Tell me.
Commissioner Teele: If you do that, then what you have done is, you have repealed an
ordinance, OK.
Chairman Plummer: Absolutely.
Commissioner Teele: This is not a resolution. If this were a resolution that would be different.
Now you have got to start the ordinance process all back, and everybody is going to rush in and
tell you, you can't do that because you will take the budget...
Mr. Vilarello: Once the ordinance is adopted, then you must repeal it, and you repeal it in the
same manner.
Chairman Plummer: 5o, you... For reconsideration you don't have to start over from day one.
Commissioner Teele: You have to pass it first reading and, then, in second reading.
Mr. Vilarello: To repeal.
Chairman Plummer: To repeal? To reconsider.
Commissioner Teele: You could repeal it in one...
Vice Chairman Gort: One.
Chairman Plummer: Three votes of this Commission can make or break any ordinance. Now, I
think we have got to remember there is a state statute. And, the state statute says that "X" has to
be going towards the reduction of ad valorem. That's without question.
Commissioner Teele: J.L., I just want to understand one thing. You can repeal an ordinance the
same way you can repeal a resolution in the City?
Mr. Vilarello: Actually, under Mason Rules, at the next regularly scheduled meeting you can
reconsider the adoption of the ordinance, that vote.
Chairman Plummer: That's what I am trying to say.
Mr. Vilarello: And, upon the reconsideration, Commissioner...
Commissioner Teele: But, that's different from what he's saying.
Chairman Plummer: No.
Commissioner Teele: An ordinance that has been passed the previous meeting can be repealed.
28
July 13, 1999
Chairman Plummer: Can be reconsidered.
Commissioner Teele: Can be reconsidered. But an ordinance that has been passed...
Mr. Vilarello: It had been finally adopted and put into place, and a meeting has...
Commissioner Teele: Requires two readings.
Chairman Plummer: Woe, woe, woe, excuse me. And, 30 days thereafter, it does not become
law for 30 days after the second reading. That's why I am saying, we still have that second bite
of the apple.
Mr. Vilarello: Commissioner, under Mason's Rules you can only reconsider at the next meeting.
Commissioner Teele: At the next meeting, not 30 days.
Chairman Plummer: That's the next meeting. The next meeting is in two weeks.
Mr. Vilarello: July 27th.
Chairman Plummer: Less than 30 days, and that's all I am saying. So, it behooves the
administration to come back with the answers of the questions that have been raised here today,
giving emphatic answers and we will let it ride, or my motion to reconsider will be offered at the
time.
Mr. Vilarello: Mr. Chairman.
Chairman Plummer: Mr. City Attorney. This is not in direct response to the inquiry that we have
just had right now. However, I would like to caution the City Commission and the Manager with
regard to setting ad valorem taxes, the ad valorem tax rate and setting the special assessment rate
for fire rescue at a time when you don't have any kind of analysis of the actual amount of money
that these fees, this fee will generate, this tax will generate. And, the reason that I caution you is,
that ad valorem taxes are set in September. Once you set that, there is no turning back in the
event of a challenge, in the event it doesn't generate the revenues that you anticipated, in the
event that the analysis was incorrect, and there is no way to fix that until you get to your next tax
year.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Why don't we direct the City Manager to negotiate with the Oversight
Board, with an understanding that in the negotiations, language must exist in the agreement
where the reduction of point five percent to the ad valorem taxes, and a freeze on the fire fee
would be established, and, at least, we give them some cards to negotiate with. And, one of the
things is, that I think, and I don't know how you may feel about this, but I think, that through the
whole process, it was going to be ten to fifteen million dollars ($15,000,000). I think that we
could come up with six to eight million dollars ($8,000,000) to put out on the table, and I think
that the Oversight Board seeing us acting in good faith and looking for fiscal responsibility and
strength, they would go along with it. So, if anything, I would make a motion to direct the City
Manager to do exactly what I stated before.
29 July 13, 1999
Commissioner Regalado: Mr. Chairman.
Commissioner Teele: What is that motion, again?
Chairman Plummer: Go ahead, Mr. Regalado.
Commissioner Sanchez: Sir, there is a motion.
Chairman Plummer: What is your motion?
Commissioner Sanchez: My motion is to direct the City Manager to negotiate with the Oversight
Board. In that negotiation, and if that agreement comes forward, the language must exist that the
reduction of the ad valorem taxes are point five, which we all agreed on, and a freeze on the fire
fee. Now...
Chairman Plummer: Well, if that motion passes here today, that's automatic, he's got to
negotiate.
Commissioner Sanchez: OK, well, let's do it. I think...
Chairman Plummer: All right, you made a motion, is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by everybody. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous. You are so instructed.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-480
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE WITH THE STATE OF FLORIDA FINANCIAL OVERSIGHT
BOARD WITH AN UNDERSTANDING THAT CERTAIN LANGUAGE IN
THE PARKING FACILITIES SURCHARGE LEGISLATION MUST EXIST
WHICH WOULD PROVIDE FOR A REDUCTION IN All VALOREM
TAXATION OF .5 MILS, AND A SUBSEQUENT FREEZE ON THE
IMPOSITION AND COLLECTION OF THE FIRE FEE.
30 July 13, 1999
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.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: Mr. Chairman.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: You are meeting with the Oversight Board on the 21 st?
Mr. Warshaw: Yes, sir.
Commissioner Regalado: So, that issue is going to come up, I am sure.
Mr. Warshaw: Absolutely.
Commissioner Regalado: On the next budget, we have an increase of about five million dollars
($5,000,000), is that from this budget, four million, five million dollars ($4,000,000)?
Mr. Warshaw: Approximately.
Commissioner Regalado: OK. It's more or less, maybe what we are going to get from the
twenty percent surcharge. So, it would not be a major crisis if by any chance this is so
challenged, or do we have a problem with the Oversight Board. You have stated that the
Oversight Board is looking favorably to this issue, I mean, they would be even willing to give us
some credit in terms of, although we don't know what we are going to get. So, we have some
money to work with in terms of the commitment that this Commission did to reduce the millage
rate. So, what I am saying is, that after the meeting with the Oversight Board you will come back
to us with a response that they would or would not accept this Commission to use eighty percent
of whatever we get to reduce taxes, and if that is the case, fire fee. Would that?
Mr. Warshaw: Commissioner, let me try to answer that this way. I don't know what the
Oversight Board at this point will accept, for two reasons. I don't know that even on the 27th,
when we come back and make this presentation, that we are going to be in any better of a
position. Usually, when you look at these new kinds of new revenues, the estimates for future
years are based upon some historical data. The City of Miami has never done this before. We
have talked to other cities in the United States and looked at how they did it, and you can't
always gauge what these revenues are going to generate until you have got a year under your
belt. If you don't pass this today, and we go `till the 27th, and, then, you have 30 days after the
31 July 13, 1999
27th, and then we need time to implement it with the operators. Now, we are already getting
closer to the beginning of the next fiscal year. So, the longer it takes to do this, the longer it takes
for us to begin to take in some of those revenues and begin collecting them. I understand your
concerns as to what step is going to come first, but I don't know that the Oversight Board is
going to be in any different position.
Commissioner Regalado: No, Don, I just want to say something, very briefly. Commissioner
Teele wanted a projection on the valet parking, and it was said, well, we don't know exactly what
we are going to get. But if you go on a Saturday night to Coconut Grove, Brickeil, Biscayne
Boulevard, downtown Miami and the Coral Way corridor and you say one, two, three, four, five,
you have an idea of the people that may be complying. And, this is almost the same with the
parking surcharges. I mean, you go around the City, you see the different parking and the space
and you make a lower projection because, I mean, yesterday, people were using Flagler and Sth
Street in order to avoid paying twenty-five cents. I am sure that people will not be using some of
the parking in order not to pay, but that's OK, because we will still...
Chairman Plummer: All right.
Commissioner Regalado: ... have that. So...
Chairman Plummer: I think we...
Ms. Henry: if I may?
Chairman Plummer: Yeah, go ahead. I mean, we...
Commissioner Regalado: But what I am saying is, that we still have five million dollars in the
budget as a projection, and that would be the worst case scenario in case that we have a problem
with this issue.
Mr. Warshaw: And, Commissioner, I have to state for the record that the five million dollars
($5,000,000) that you are referring to, that is the difference between last year's budget, amended
budget and this year's budget. That is part of the balanced budget that we presented that includes
other items, including pension costs, salary increases and what have you. So, that's not a cushion
of money, although the budget is increased, that money is already anticipated to be spent as part
of operations for fiscal year 2000.
Vice Chairman Gort: I have a question.
Chairman Plummer: All right, Bertha, go ahead.
Commissioner Teele: Mr. Chairman, that's my point. I haven't been in local government that
long, but I have learned one thing. If there is money there, it's going to get spent. If you
appropriate this money now, it's going to get spent, and I am not going to vote for it now until I
have a budget. Now, I understand where everybody is, it will pass, that's fine, but I will tell you
right now, it's a mistake for a legislative body to appropriate money and not know exactly how
that money is going to be spent.
Chairman Plummer- Move to defer.
32 July 13, 1999
Commissioner Sanchez: No.
Commissioner Teele: Well, you have heard what the Manager has said, but I can tell you this.
This is, with all due respect to the Manager. The only way we should approve this is if we have a
budget and know exactly how this is going to fit into the total budget, because once you
appropriate it, it's gone. It's just like the five million dollars ($5,000,000) that was...
Mr. Vilarello: Mr. Chairman.
Commissioner Teele: ... the five million dollars ($5,000,000) over and above the appropriated
amount. Nobody has come in here and said, here is five more million dollars, how do you want
to spend it. It's gone.
Chairman Plummer: Let's fish or cut bait.
Mr. Vilarello: J.L., Commissioner.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: This ordinance simply enacts the mechanism to collect the fee, it does not
appropriate these funds for any purpose, only this City Commission can, at a later time, spend
these dollars.
Mr. Warshaw: And, Commissioner Plummer, just to add to that, by law, there are no options
other than the reductions that have been specified in the State statues. So, this money cannot be
spent for City operations, it must go for ad valorem or fee tax reductions and or a portion of that
into reserves. So, there are no other ways the administration can spend it.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: All right, listen guys...
Commissioner Sanchez: So moved.
Chairman Plummer: ... you know, talk all you want.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: So Moved.
Chairman Plummer: Well, that's already been done.
Commissioner Sanchez: Second.
Commissioner Teele: Mr. Chairman.
33 July 13, 1999
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to clarify one thing. The City Attorney said that this merely
authorizes it. It doesn't merely authorize it, it authorizes it at twenty...
Chairman Plummer: Percent.
Commissioner Teele: Twenty percent.
Mr. Yilarello: That's correct. It authorizes the surcharge at twenty percent.
Commissioner Teele: Unlike say, unlike with the fire fee when we set-up the authorization, the
schedule of what it would be was set by separate resolution.
Chairman Plummer: Yeah, but where the City Attorney is wrong in my opinion is, the State
statute does prevail. So, you know, this idea... The State statute says, you can't do this unless
you guarantee that sixty to eighty percent of this is going for reduction. So, it is more than just
the provisions, a method of charging. Once you do this, you are accepting the mandates put forth
by the State Statutes. That's automatic.
Commissioner Sanchez: Absolutely.
Chairman Plummer: So, I mean, I don't see... All right...
Ms. Henry: I would also like to just, because it's important that we point out that, we are looking
at these numbers from a variety of sources. Yes, we have the formula that we have distributed
and we are looking at it from that perspective. We are looking at information that we have
received from the State on sales tax for the parking in our zip codes. We are looking at
information that we received from Off -Street Parking. We are looking at a variety of sources to
help us refine and come up with an estimate that we can bring back to you to say that we are
reasonably comfortable with.
Chairman Plummer: You got two weeks.
Ms. Henry: Thank you.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: The only point that I really want to understand is, what is the analysis as it
relates to whether to charge two percent, five percent, ten percent, fifteen percent or twenty. We
had a number of citizens to come here, particularly from the downtown area to say, "we are not
opposed to this; we are asking you to phase this thing in." And how are we dealing with that?
What is the staff analysis on the phase -in issue? I mean, why do we have to go for the whole
hog, right now? Wily can't we go for ten percent? I am just, I want to understand what the
thinking is.
34 July 13, 1999
Ms. Henry: Sure. I think the issue was, initially, when the Commission passed its resolution, it
spoke to a half -a -mil reduction in property taxes. It also spoke to a reduction in fire fee. In order
to generate that kind of money, ten million or so, to go with a lower percentage does not make it
difficult for us to say that we can get the money in order to reduce those taxes. So, the issue
really is being driven by the amount of tax and fee reduction that this Commission would like to
put forward.
Commissioner Sanchez: Call the question.
Chairman Plummer: All right, the question... Excuse me, the question has been called, do you
yield to Gort?
Vice Chairman Gort: No, never mind, go ahead, call the question.
Commissioner Sanchez: Yes, out of respect for...
Chairman Plummer: He yields to Gort. Mr. Gort.
Vice Chairman Gort: No, go ahead. Call the question, I'll ask afterwards.
Chairman Plummer: All right, the question has been called, read the ordinance. All right, motion
is understood. Motion understood? And, let me make sure and clarify this, Mr. Teele said. This
is nothing more than the implementation of the vehicle to set about the process, nothing more. It
doesn't allocate anything. OK, call the roll.
Mr. Vilarello: No, just for clarification, as Commissioner Teele correctly pointed out, it does set
the surcharge at twenty percent.
Chairman Plummer: OK, call the roll.
Mr. Foeman: Roll call.
Chairman Plummer: I am voting, yes, for the process, but I have made it extremely clear that if
this process does not produce the reduction of ad valorem and the fire fee, I will vote against it.
Mr. City Attorney.
Vice Chairman Gort: Two questions, I have a question. My question is, what's the amount that
will be reduced from the budget by the point five and by the, not increasing the fire fee, total, the
total amount?
Mr. Warshaw: The half mil?
Vice Chairman Gort: Right.
Mr. Warshaw: What's it worth in dollars?
Vice Chairman Gort: Right.
Mr. Warshaw: About six million.
35 July 13, 1999
Vice Chairman Gort: The, not increase of the fire fee?
Chairman Plummer: Four million.
Vice Chairman Gort: You're talking about ten million.
Mr. Warshaw: Below four million.
Vice Chairman Gort: OK, thank you.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
INCORPORATE PROVISIONS FOR THE IMPOSITION AND COLLECTION
OF A PARKING FACILITIES SURCHARGE AT A RATE OF TWENTY
PERCENT (20%) OF THE FEE PAID FOR THE USE OF A PARKING SPACE
IN A PARKING FACILITY IN THE CITY OF MIAMI; PROVIDING
DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND
PROVIDING PENALTIES FOR NONCOMPLIANCE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE
CITY CODE.
passed on its first reading, by title, at the meeting of June 8, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado,
seconded by Commissioner Sanchez, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11813.
The ordinance was read by title into the public record by the City Attorney.
NOTE FOR THE RECORD: CHAIRMAN PLUMMER INFORMS THE COMMISSION THAT
HE WILL BE LEAVING AT 6:00 P.M.
Chairman Plummer: All right, the next item on the agenda... Did I clarify for the record? By the
way, if I may, to my colleagues on the Commission, I had sent you a memo that I had to leave at
36 July 13, 1999
5 o'clock this afternoon to go to a funeral. The funeral is at seven o'clock and I don't have to go
now until six.
8 . CONDOLENCES; ESTHER M. SOBRINO HUERTA. — i
Chairman Plummer: I would appreciate a motion being spread right now on the minutes, Mr.
Gort, the passing of Esther Sobrino Huerta who was an active, active member of this community.
She was very much involved in the Hispanic Heritage Committee. She was an exceptional school
teacher in the Dade County Public School System who passed away on Sunday and whose
funeral is this evening to express to her family our condolences. I would ask that a motion be
made...
Vice Chairman Gort: So moved.
Chairman Plummer: ... by Gort, seconded by Sanchez. Mr. Clerk. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-481
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY
COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS
TO THE FAMILY AND FRIENDS OF ESTHER M. SOBRINO HUERTA,
UPON HER UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
37 July 13, 1999
r1
1
9. AMEND CODE SECTIONS 13-2 AND 13-6 "DEVELOPMENT IMPACT FEES/IN
GENERAL," TO ELIMINATE THE EXEMPTION FROM THE PAYMENT OF IMPACT
FEES FOR ANY DEVELOPMENT USING CITY -OWNED LAND.
Chairman Plummer: Item sic. Development impact fees on City -owned land. Moved by
Regalado, seconded by Gort. Read tile, read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT FEESAN
GENERAL," TO ELIMINATE THE EXEMPTION FROM THE PAYMENT OF
IMPACT FEES FOR ANY DEVELOPMENT USING CITY -OWNED LAND;
MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF
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 June 22, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado,
seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11814.
The ordinance was read by title into the public record by the City Attorney.
10. CONTINUE CONSIDERATION OF PROPOSED AMENDMENT TO CODE SECTION
31-50 "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS/OCCUPATIONAL
LICENSES," BY AMENDING THE EXISTING SCHEDULE OF OCCUPATIONAL LICENSE
TAXES WHICH SETS FORTH THE CLASSIFICATIONS AND RATE SCHEDULE FOR
THOSE PERSONS OR ENTITLES DOING BUSINESS
Chairman Plummer: Item seven, Occupational license, it's a second reading. Moved by
Regalado, seconded by Gort. Any discussion?
Commissioner Sanchez: Discussion.
Chairman Plummer: Discussion, Mr. Sanchez.
38
July 13, 1999
Commissioner Sanchez: Mr. Chairman, as you know, I voted against this, and I'll tell you why 1
voted against it. I mean, they have asked me to look at it from a financial dimension and an
economical dimension and I simply cannot see it from either one of the aspects. Because, what
we are basically doing is, from the language set forward by the study commission who
recommended, who I commend for hard work for this, basically put forward that the five percent
increase that was earmarked for business development would be earmarked for business
development and programs that assists businesses. Now, as you know in my district, and in other
districts throughout the City, constantly the businesses throughout the City, both merchants and
businesses on 8th Street that are now being affected by the construction site are struggling every
day to keep their doors open. They are refusing to close their businesses only surviving on pride,
to continue to have their business open. You know, when we are looking at all the increases and
taxes that we are putting forward in this City, I mean, we are really not giving these businesses
the opportunity and the assistance. Now, you could tell me that a lot of these organizations that
provide assistance to businesses are out there, but the business people, the people that are out
there struggling constantly complaining through the red tapes and bureaucratic situations, it's not
that easy for them to get the assistance. One thing that, you know, it's nice to be... It's not nice
to be number one and in charts that people don't like, and one of them is, that we are going to be
the highest taxed City, we have the highest unemployment. Right now, the national average is
seven point five, seven point two nine and we find ourselves, if all these taxes in the County go
forward, we are going to be up at eight point five. We reduced employment, we reduced
unemployment by establishing credibility with the private sector and I think this is not a good
step towards the private sector when we are basically continuing to increase their fees, their
taxes, and not providing assistance for them. So, therefore, I ask my colleagues, please to vote
against this. It jeopardizes the businesses in my district, and I am sure that in your districts you
are going to have businesses that cannot afford that five percent. Even though, it's a small
amount, still they are struggling to keep their doors open. So, I ask you not to vote for this,
please.
Chairman Plummer: All right.
Commissioner Regalado: Question, question.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Yeah, I, on the first reading I did vote this with the purpose of
discussion, but I do agree with Commissioner Sanchez that it's too premature to ask. The
purpose of this Commission, of this committee that was formed, by the way, was to rectify some
fees that were too high or that people were paying double in the case of real estate and investors.
And, it was brought to this Commission, and this is where this committee was created. It wasn't
the purpose of the committee, I believe, to raise the fees. So, I am, I will be voting against if we
don't rectify this in terms of leaving "as is" for the next year, the amount of the fees.
Chairman Plummer: How much would it raise if it were to be passed?
Ms. Bertha Henry (Asst. City Manager/Finance & Administration): Two hundred and fifty
thousand ($250,000) dollars.
Chairman Plummer: All right.
39 July 13, 1999
Commissioner Regalado: In terms of the merchants, and this is a small raise, but it is a raise, and
this is why I would move to leave it as it is, at least for the next year.
Chairman Plummer: All right. Mr. Regalado, ,you withdrew your motion and Mr. Gort, now is
there? The floor is open for a motion.
Ms. Henry: Point of correction. The Commissioner stated that you would like to leave it "as is"
for at least a year. The committee can only meet every two years by statute. Part of the
recommendations include some equity adjustments. The, there is category called "other" where a
lot of, some of the businesses were paying a relatively small amount with a category that was
comparable that paid a different amount and they sought to rectify that. The issue that was
specifically raised...
Commissioner Regalado: Yeah, but Bertha, Bertha, if I may? The mission of the, the purpose of
the committee, originally was that many people thought that they were taxed, or they were
charged some fees that were unreasonably high...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: ... and this is why it happened.
Chairman Plummer: Can we defer this item?
Commissioner Regalado: Absolutely, yes.
Chairman Plummer: Defer the item and bring it back to adjust those fees that were adjustable,
but not the increase because you are going to lose the increase.
Commissioner Sanchez: J.L., why defer the item. A motion to deny the increase. Why are you
going to bring it back, it's going to be the same amount. So, motion... I make a motion.
Commissioner Regalado: No, no...
Chairman Plummer: Because, you are going to...
Commissioner Regalado: ... because, Joe, what happened is...
Chairman Plummer: There were...
Commissioner Regalado: ... there were some fees that were too high...
Chairman Plummer: ... and were reduced.
Commissioner Regalado: ... and were adjusted, and this was the purpose of the whole committee,
that fees were too high...
Chairman Plummer: All right, Commissioner Regalado moves to defer, Gort seconds it.
40 July 13, 1999
Mr. Joel E. Maxwell (Asst. City Attorney): This would be to the next meeting?
Chairman Plummer: That's correct, sir. But, what the purpose is, is to come back without the
increase, but adjust those fees that they felt were unreasonable.
Mr. Maxwell: Could 1, could I please have that motion be to continue this item, specifically, the
date of the 27th?
Chairman Plummer: The motion is to continue until the 27th of July.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Constantly, we ask the question, why aren't our revenue streams
growing here in the City, and, we find it hard to bring in recurring revenues? Well, here is a
perfect example, we are taxing our people too much.
Chairman Plummer: Thank you, sir. Motion is to defer. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: I am sorry to continue.
Vice Chairman Gort: Motion to continue.
Chairman Plummer: Until the 27th. No opposition. Show unanimous.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-482
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 7
(PROPOSED AMENDMENT TO THE CODE OF THE CITY OF MIAMI
ENTITLED "LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS/OCCUPATIONAL LICENSES," BY AMENDING THE
EXISTING SCHEDULE OF OCCUPATIONAL LICENSE TAXES WHICH
SETS FORTH THE CLASSIFICATIONS AND RATE SCHEDULE FOR
THOSE PERSONS OR ENTITIES DOING BUSINESS IN THE CITY OF
MIAMI") TO THE MEETING SCHEDULED FOR JULY 27,1 999; FURTHER
DIRECTING THE ADMINISTRATION TO ADJUST THOSE FEES THAT
ARE ADJUSTABLE TO A MORE REASONABLE RATE.
41 July 13, 1999
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
11. AMEND CODE SECTION 38-63 "PARKS AND RECREATION/USE
REGULATIONS" TO CHANGE THE LANGUAGE TO BE CONSISTENT WITH FLORID
STATUTES AS IT RELATES TO THE FLORIDA LITTER LAW.
Chairman Plummer: The next item is item number eight. It's the second reading of the Florida
Statute making our Florida Litter Law in compliance with our Code. Moved by Gort, seconded
by Regalado. Anyone wishing to talk about the Litter law? Mr. Manager, let me thank you, sir.
I understand that the corner of Hibiscus and Thomas after you caught some of the devils the other
day, it's now almost immaculately clean. We have some other areas that I'll spell out for you and
hopefully get just as clean. Read Item 8. Take over.
Vice Chairman Gort: Call the roll. Item eight is passed.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USE
REGULATIONS", TO CHANGE THE LANGUAGE TO BE CONSISTENT
WITH FLORIDA STATUTES AS IT RELATES TO THE FLORID LITTER
LAW; MORE PARTICULARLY BY AMENDING SECTION 38-63 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of June 8, 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:
42 July 13, 1999
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None.
ABSENT: Chairman J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11815.
The ordinance was read by title into the public record by the City Attorney.
12. FIRST READING: AMEND CODE SECTION 40-97 (A) (1) "PERSONNEL/CIVIL
SERVICE RULES AND REGULATIONS," TO EXTEND PROBATIONARY PERIOD FOR
CLASSIFICATION OF POLICE OFFICER.
Vice Chairman Gort: Item eight is passed. No...
Commissioner Sanchez: Item nine. So moved.
Vice Chairman Gort: It's been moved, is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Discussion? OK, None. Call the roll.
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
Mr. Walter J. Foeman (City Clerk): It's an ordinance.
Commissioner Sanchez: It's an ordinance.
Vice Chairman Gort: I mean, yes. Call the roll.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40, ARTICLE III, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/CIVIL SERVICE
RULES AND REGULATIONS", TO EXTEND THE PROBATIONARY
PERIOD FOR THE CLASSIFICATION OF POLICE OFFICER FROM THE
CURRENT LIMIT OF EIGHTEEN MONTHS TO A FLEXIBLE PERIOD OF
NOT LESS THAN EIGHTEEN MONTHS AND NO MORE THAN TWENTY-
FOUR MONTHS; MORE PARTICULARLY BY AMENDING SECTION 40-97
(a) (1); CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
43
July 13, 1999
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and
was passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None.
ABSENT: Chairman J. L. Plummer, Jr.
The ordinance was read by title into the public record by the City Attorney.
13.FIRST READING ORDINANCE: AMEND CODE SECTIONS 42-67 THROUGH 42-
70 "POLICE/COMPLAINTS AGAINST POLICE OFFICERS," TO TRANSFER THE
OFFICE OF PROFESSIONAL COMPLIANCE ("OPC") FROM THE OFFICE OF THE
CHIEF OF POLICE TO THE OFFICE OF THE CITY MANAGER.
Vice Chairman Gort: Item ten. Mr. Manager.
Ms. Shirley Richardson (Coordinator, Office of Professional Compliance): Good morning,
Commissioners, Shirley Richardson, Coordinator, Professional Compliance. The purpose of this
ordinance simply is to, it serves to formalize and embody in the Code the currently existing
organizational framework, and this ordinance will serve to provide the Office of Professional
Compliance with complete autonomy from the office in which it will oversee, mainly, the Miami
Police Department, and it will also restore the format and provisions of the OPC (Office of
Professional Compliance) as contained in it's originating ordinance.
Vice Chairman Gort: Thank you. Is there any?
Commissioner Sanchez: So moved.
Vice Chairman Gort: There's a motion. Is there a second. Second? Discussion? None, call the
roil.
Chairman Plummer: That's item ten, I vote "yes."
44 July 13, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE III OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "POLICE/COMPLAINTS
AGAINST POLICE OFFICERS', TO TRANSFER THE OFFICE OF
PROFESSIONAL COMPLIANCE ("OPC") FROM THE OFFICE OF
THE CHIEF OF POLICE TO THE OFFICE OF THE CITY MANAGER,
DELETE THE STAFF POSITION OF PROFESSIONAL
COMPLIANCE ASSISTANT, AND THE OPC ADVISORY PANEL
AND ITS FUNCTIONS, AND AMEND CATEGORIES RELATING TO
THE FINDINGS OF THE INVESTIGATION; MORE PARTICULARLY
BY AMENDING SECTIONS 42-67 THROUGH 42-70; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
14. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
"COPS 3-1-1"; ($423,737), CONSISTING OF A GRANT FROM THE U,S.
DEPARTMENT OF JUSTICE; OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES, COPS TECHNOLOGY GRANT AWARD.
Chairman Plummer: Item eleven.
Vice Chairman Gort: Move it.
Chairman Plummer: COPS 3-1-1. What is that? Is that that secondary 9-1-1?
Mr. Donald H. Warshaw (City Manager): That's correct.
Police Major Longueira: Yes, sir.
45 July 13, 1999
Chairman Plummer: OK, moved by Gort, seconded by Sanchez. Anybody wishing to speak to
the issue? Where is the money coming from?
Police Major Longueira: Federal government.
Vice Chairman Gort: Federal grant.
Chairman Plummer: Couldn't be better. Hold it. Oh, I am sorry, Mr. Sanchez is not in the room.
It is now being seconded by Mr. Regalado. Start the reading of the ordinance again.
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED "COPS 3-1-1"; TO ESTABLISH
INITIAL RESOURCES AND APPROPRIATIONS, AND AUTHORIZE,
EXPENDITURES, IN THE AMOUNT OF $423,737, CONSISTING OF A
GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES, COPS TECHNOLOGY
GRANT AWARD; AUTHORIZING THE CITY MANAGER TO ACCEPT
SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort, seconded by Commissioner Regalado, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
15. FIRST READING ORDINANCE: AMEND 11638, WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED:
"WEED AND SEED ASSET FORFEITURE; TO INCREASE SAID APPROPRIATIONS,
($50,000), CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE,
FEDERAL BUREAU OF INVESTIGATION ("FBI").
Chairman Plummer: Item twelve, an appropriation of fifty thousand dollars ($50,000) to Weed
and Seed. It's a Federal grant. Moved by Sanchez, seconded by Gort. Is there any opposition?
Read the ordinance. All in favor? Call the roll.
46 July 13, 1999
An Ordinance entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11638, AS AMENDED, ADOPTED APRIL 14, 1998,
WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED: "WEED AND SEED ASSET
FORFEITURE," TO INCREASE SAID APPROPRIATIONS, IN THE AMOUNT
OF $50,000, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT
OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ("FBI");
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; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, and was
passed on first reading by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
The ordinance was read by title into the public record by the City Attorney.
16. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE
MANAGEMENT AGREEMENT OF MELREESE GOLF COURSE WITH BUNKERS OF
MIAMI FOR THE PURPOSE OF EXTENDING THE COMPLETION DATE FOR THE
CONSTRUCTION OF THE CLUBHOUSE.
Chairman Plummer: Yes, item thirteen has been withdrawn. We are now on item fourteen which
has also been withdrawn. We are now on item fifteen. Item fifteen is an amendment number two
to the Melreese Golf Course, second edition.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez...
Commissioner Regalado: Second.
Chairman Plummer: ... seconded by Regalado. And, I understand, Mr. Manager, there is a
substitute memo or a clarification of wording on item fifteen.
Mr. Donald H. Warshaw (City Manager): It's a substitute resolution.
47 July 13, 1999
Chairman Plummer: All right, is the Commission aware of the substitute resolution?
Commissioner Sanchez: Yes, sir.
Commissioner Regalado: Yeah.
Chairman Plummer: All right, read the ordinance with the substitution.
Mr. Alejandro Vilarello (City Attorney): It is a resolution.
Chairman Plummer: It's a resolution. Well, I think you should read into the record the
substitution.
Mr. Vilarello: Yes, sir.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-483
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO
THE MANAGEMENT AGREEMENT OF THE MELRESE GOLF COURSE, A
FLORIDA JOINT VENTURE, DATED OCTOBER 26, 1996, AS AMENDED
ON APRIL 4, 1999, BETWEEN THE CITY OF MIAMI AND BUNKERS OF
MIAMI FOR THE PURPOSE OF EXTENDING THE COMPLETION DATE
FOR THE CONSTRUCTION OF THE CLUBHOUSE TO EIGHT MONTHS
FROM TIME DATE OF ISSUANCE OF A BUILDING PERMIT BUT NO
LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF
AMENDMENT NO.2.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
48 July 13, 1999
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
17. AUTHORIZE MANAGER TO EXECUTE AGREEMENT, WITH MEDAPHIS
PHYSICIAN SERVICES CORPORATION, FOR EMERGENCY MEDICAL TRANSPORT
BILLING AND COLLECTIONS.
Chairman Plummer: Before I forget, let me make an announcement. There will be a CRA.
(Community Redevelopment Agency) meeting at 2:15 this afternoon. I ask anybody that is
interested to please be here on time. Item sixteen. A resolution to execute an agreement for the
Medaphis Physician Services for the billing and collection of rescue.
Ms. Marva Wiley (Special Assistant to the City Manager): Yes, Mr. Commissioner, Marva
Wiley, City Manager's Office. There are a couple of changes I need to make note of for the
record.
Chairman Plummer: All right, so note.
Ms. Wiley: Medaphis Physician Services Corporation is actually a Georgia corporation.
Chairman Plummer: A what?
Ms. Wiley: A Georgia corporation.
Chairman Plummer: Georgia?
Ms. Wiley: Yes.
Chairman Plummer: Like in the State of Georgia?
Ms. Wiley: The State of Georgia, yes.
Chairman Plummer: Why aren't we doing business with our local people?
Ms. Wiley: We went through a rather involved process that made the determination that the
compliance issues made Medaphis a more compelling selection on this particular procurement.
49 July 13, 1999
Chairman Plummer: No, I understand that, but I mean, it doesn't make sense to me that we go
out of the State of Florida to find a company to do business with.
Ms. Wiley: They do have a location in Florida, but there home office...
Chairman Plummer: Where?
Ms. Wiley: In North Dade.
Chairman Plummer: And, how much is this anticipated they will make out of this contract?
Ms. Wiley: I believe the... I'll let the Fire Department respond to that.
Chairman Plummer: Give me a ballpark.
Asst. Fire Chief Kemp (Asst. Chief, Technical Services): Ballpark about three hundred thousand
dollars ($300,000). If we do better in collections, then they would do better to earn their
percentage.
Chairman Plummer: Yeah, I understand, but three hundred thousand is a ballpark.
Asst. Fire Chief Kemp: Yes.
Chairman Plummer: And, we could not find a company that's... You know... We have got to
go to Georgia.
Mr. Wiley: Mr. Commissioner, there were only three major firms which responded to the RFP
(Request for Proposal) and each of those firms really, two of those three firms...
Commissioner Sanchez: Yes.
Chairman Plummer: We have got plenty of collection agencies in the City of Miami that are
starving to death.
Mr. Wiley: They are not involved in this specialty sort of billing.
Chairman Plummer: OK, all right.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez, seconded by? Seconded by?
Commissioner Regalado: I'll second it.
Chairman Plummer: Seconded by Regalado. Call the roll.
Mr. Walter J. Foeman (City Clerk): Chairman Plummer?
Chairman Plummer: No, and you know why I am voting "no", OK. It's to send a message.
50
July 13, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
-Maim•. •. •.
[Note: The above resolution was reconsidered by M-99-497 and modified by R-99-
498]
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.
NAYS: Chairman J. L. Plummer, Jr.
ABSENT: Vice Chairman Wifredo Gort
18. EMERGENCY WAIVER OF SEALED BIDS — APPROVE PROCUREMENT OF 35
SETS OF FIREFIGHTER PROTECTIVE CLOTHING FROM BENNETT FIRE
PRODUCTS CO., INC. ($32,000).
Chairman Plummer: Item seventeen. Item seventeen is a resolution waiving competitive sealed
bidding for Ere fighter... [inaudible] clothing for thirty-two thousand dollars ($32,000). Is there
a motion?
Commissioner Sanchez: So moved.
Chairman Plummer: By Sanchez, seconded by?
Commissioner Regalado: Second.
Chairman Plummer: Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
51 July 13, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-485
A RESOLUTION BY THE MIAMI CITY COMMISSION, BY A FOUR FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE PROCUREMENT OF 35 SETS OF FIREFIGHTER
PROTECTIVE CLOTHING FROM BENNETT FIRE PRODUCTS, CO., INC.,
IN AN AMOUNT NOT TO EXCEED $32,000; ALLOCATING FUNDS
THEREFOR FROM THE FIRE -RESCUE GENERAL FUND, ACCOUNT NO.
280601.075.
(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
19. EMERGENCY WAIVER OF COMPETITIVE SEALED BIDS — APPROVE REPAIR
OF THE KEY BISCAYNE PUMPER TRUCK'S PUMP AND TRANSMISSION BY TEN-8
FIRE EQUIPMENT, ($10,077)
Chairman Plummer: Item eighteen. Item eighteen is to fix an old clunker of a fire truck on Key
Biscayne that doesn't work very well, but we are under a mandate of a contract to fix it for
normal wear and tear.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez, seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All in opposition, say no. It passes unanimously.
52 July 13, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-486
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE
REPAIR OF THE KEY BISCAYNE PUMPER TRUCK'S PUMP AND
TRANSMISSION BY TEN-8 FIRE EQUIPMENT, IN AN AMOUNT NOT TO
EXCEED $10,077; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
280701-670.
(Here follows body of resolution, ornitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
2 0. (A). TABLE CONSIDERATION OF:
PROPOSED INCREASE IN CONTRACT WITH ROYAL RENT -A -CAR (FOR
DEPARTMENT OF COMMUNITY DEVELOPMENT) [See section 641
PROPOSED BID AWARD TO INTERAMERICAN CAR RENTAL, INC. (FOR DEPT. OF
COMMUNITY DEVELOPMENT) [See section 65]
PROPOSED REALLOCATION OF MONIES FOR AUTO RENTAL SERVICES - ROYAL
RENT -A -CAR AND INTERAMERICAN CAR RENTAL (FOR POLICE DEPT.) [See section
66] (B). DEFER CONSIDERATION OF PROPOSED REALLOCATION OF FUNDS
($320,000) TO EVERGLADES CENTER APARTMENTS PROJECT TO BE LOCATED AT
282 N.E. 2 STREET, DOWNTOWN TARGET AREA - FROM HOPWA FUNDS TO HOME
FUNDS.
[Note: At this point, the City Commission temporarily tables consideration of regular items
number 19, 20 and 22 and deferring item 22.1
Chairman Plummer: Mr. Manager, I am going to ask that items nineteen, twenty, and twenty-two
be taken over to the afternoon. I have got some serious questions about that. We are talking
about seven hundred and fifty thousand dollars ($750,000) worth of rental cars.
i
53 July 13, 1999
Vice Chairman Gort: Eight hundred and twelve.
Commissioner Teele: Rental what?
Commissioner Sanchez: Of rental cars.
Chairman Plummer: I want to go into that thing a little bit more in depth and I would like to get
as much as we can done this morning, so we'll put it over to the afternoon.
Mr. Donald H. Warshaw (City Manager): OK, and I would like to defer item twenty-one as well.
Chairman Plummer: Items nineteen, twenty and twenty...
Mr. Warshaw: Right.
Chairman Plummer: Nineteen, twenty-one and twenty-two. They are all related.
Mr. Warshaw: No, twenty-one is not related.
Chairman Plummer: I am sorry.
Mr. Warshaw: ... to defer...
Chairman Plummer: Nineteen, twenty and...
Mr. Warshaw: And, twenty-two.
Chairman Plummer: ... and twenty-two.
Mr. Warshaw: To defer twenty-one, we need some more public input.
Chairman Plummer: Twenty-one for more public input defer to another day.
21 . AUTHORIZE MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, WITH
BROWNING FERRIS INDUSTRIES, INC., ("BFI"), RELATIVE TO A DISPUTE
INVOLVING THE PAYMENT OF A PERCENTAGE OF GROSS RECEIPTS
COLLECTED FROM CERTAIN ACCOUNTS BFI BELIEVED TO BE EXEMPT FROM
PAYMENT OF SAID FEE.
Chairman Plummer: Item twenty-three. A settlement agreement with "BFI" (Browning Ferris
Industries, Inc. Moved by Sanchez...
Commissioner Regalado: Second.
Chairman Plummer: ... seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
54 July 13, 1999
N
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-487
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BROWNING
FERRIS INDUSTRIES, INC., (`BFI"), RELATIVE TO A DISPUTE
INVOLVING THE PAYMENT OF A PERCENTAGE OF GROSS RECEIPTS
COLLECTED FROM CERTAIN ACCOUNTS BFI BELIEVED TO BE
EXEMPT FROM PAYMENT OF SAID FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
22. (A) AUTHORIZE MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT,
WITH WASTE MANAGEMENT, INC., RELATIVE TO A DISPUTE INVOLVING THE
PAYMENT OF A PERCENTAGE OF GROSS RECEIPTS COLLECTED FROM
CERTAIN ACCOUNTS WASTE MANAGEMENT BELIEVED TO BE EXEMPT FROM
PAYMENT OF SAID FEE.
(B) BRIEF COMMENTS RE: SOLID WASTE RFQ.
Chairman Plummer: The same thing, a settlement with Waste Management. All in favor... Wait
a minute, who moves it.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez, seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
55
July 13, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-488
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WASTE
MANAGEMENT, INC., ("WASTE MANAGEMENT"), RELATIVE TO A
DISPUTE INVOLVING THE PAYMENT OF A PERCENTAGE OF GROSS
RECEIPTS COLLECTED FROM CERTAIN ACCOUNTS WASTE
MANAGEMENT BELIEVED TO BE EXEMPT FROM PAYMENT OF SAID
FEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Let... The reason why I supported both of them, in the long run, it
would save the City a lot of money in that settlement.
Chairman Plummer: So be it. Item twenty-five.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Attorney.
Mr. Alex Vilarello (City Attorney): Yes, sir.
Commissioner Teele: We indicated that that would be a... What's that document going to be?
When is that coming up?
i
I
56 July 13, 1999
}
Mr. Vilarello: With regard to commercial solid waste? An RFQ (Request for Qualifications). A
Request for Qualifications.
Commissioner Teele: When is that coming?
Mr. Raul Martinez (Asst. City Manager/Operations): Raul Martinez, Assistant City Manager, the
27th, that's the next meeting, sir.
Commissioner Teele: OK. Is, who is the City Attorney working on that, because I had some
language that was added in?
Mr. Vilarello: Yes, sir, I personally have been involved in incorporating that language with
regard to innovative proposals. Yes, sir.
Commissioner Teele: Who is the City Attorney responsible?
Mr. Vilarello: I am personally handling it with Mr. Wysong.
Commissioner Plummer: Oh, it must be a biggie.
23. BRIEF COMMENTS REGARDING NORTHWEST AREA PROBLEMS
CONCERNING DRAINAGE, STREET CLEANING, STORM WATER UTILITY
MONIES, WATER BILL, PUBLIC WORKS - CONTACT PAT McCOY.
Chairman Plummer: Mr. City Manager, may I bring out to your, and to the City Attorney. We
went up on Saturday morning to the problem in the Northeast in reference to drainage, and I see
Mr. Patterson here, and that's the reason I am bringing this up. They are ready to file a lawsuit
over the storm water sewage charge that is being charged by the City and the money is allocated
not to what it's supposed to be according to those people up there. That park is to be for street
cleaning which we clean out their gutters. It's not being done. The money is being put into, they
say, the General Fund when it is not going into what the money was allocated for. I say to both
of you, please, to look into the issue because they are ready to challenge, and if we can find out
what the real legality is, we need to know. And, this came out of the Morningside areaand you
can contact Mr. Pat McCoy. Mr. Kay was there, and I thank him for being there at seven thirty in
the morning, and is going to try to address the gutter problem that they brought up about the
storm sewage drainage fee every resident is paying.
Mr. Alejandro Vilarello (City Manager): Mr. Chairman, just one...
Chairman Plummer: Mister...
Mr. Vilarello: Just one point on that issue.
Chairman Plummer: Yes, sir.
57 July 13, 1999
Mr. Vilarello: The storm water fee has been litigated and successfully litigated to the benefit of
the City. The appropriate use of those funds are appropriate inquiries to Mr. Kay and the City
Manager, but...
Chairman Plummer: OK, well, they are saying part of that fee is for street cleaning and they are
not getting any street cleaning, and that's part of their problem.
Mr. Donald H. Warshaw (City Manager): We'll look at it.
Chairman Plummer: All right, sir. I think that you need to... I would ask, Mr. Manager, that we
find out why we can't provide at least once a week street cleaning in that particular area. I think
it's due to the possibility of the problem of flooding, and that might eliminate it.
24. (A) APPROVE PURCHASE OF RECYCLING CONTAINERS FROM REHIG PACIFIC
COMPANY, UTILIZING EXISTING WEST PALM BEACH COUNTY CONTRACT, FOR
THE DEPARTMENT OF SOLID WASTE, ($4,726.80).
(B) COMMENTS REGARDING LITTER CONTAINERS BEING VANDALIZED
FOR THEIR ALUMINUM LEAVING GARBAGE SCATTERED.
Chairman Plummer: All right, item twenty-five is 1,010, 18-gallon recycling containers for Solid
Waste for how much?
Vice Chairman Gort: Four thousand seven hundred and twenty-six.
Chairman Plummer: Four thousand seven hundred and twenty-six dollars and eighty cents
($4,726.80). Moved by Gort, seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-489
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PURCHASE OF 1,010 EIGHTEEN GALLON RECYCLING CONTAINERS
FROM REH1B PACIFIC COMPANY, UTILIZING EXISTING WEST PALM
BEACH COUNTY CONTRACT NO. SWA 97-16/TR, FOR THE
DEPARTMENT OF SOLID WASTE, IS HEREBY APPROVED, AT A TOTAL
COST NOT TO EXCEED $4,726.80; WITH FUNDS THEREFOR HEREBY
ALLOCATED FROM ACCOUNT CODE NO.322001.329302.6.850.
58
July 13, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Patterson.
Mr. Clarence Patterson (Director, Solid Waste Department): Yes, sir.
Chairman Plummer: I am finding those canisters opened everywhere, everywhere. Now, they
were supposed to be the kind that could not be proliferated. I don't know what you are going to
be able to do, but the problem...
Mr. Patterson: Are you talking about the liter containers now?
Chairman Plummer: Yes, sir.
Mr. Patterson: OK. This is a different...
Chairman Plummer: The problem is simple.
Mr. Patterson: Yes.
Chairman Plummer: They are opening up those containers, they are taking the can out, they are
dumping it on the street, get out of there, the cans, aluminum cans which are what they are
primarily after, and leave all the liter on the street. Now, you gave us some reason to believe that
those things were going to be somewhat closed.
Mr. Patterson: Yes.
Chairman Plummer: Well, it ain't working. I beg you to go around and look.
Mr. Patterson: OK, thank you.
59 July 13, 1999
25. NONPARTISAN PRIMARY ELECTION ON NOVEMBER 2, 1999, FOR THE
NOMINATION OF CANDIDATES FOR THE OFFICES OF THREE COMMISSIONERS,
AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER
9, 1999 - COMMENTS REGARDING DEADLINE TO QUALIFY ON SATURDAY.
Chairman Plummer: All right, item twenty-six. A November election, November the 2nd. Can
we? Moved by Sanchez, seconded by Teele.
Commissioner Teele: Why are we? Why do we have to do this?
Chairman Plummer: Do what, sir?
Vice Chairman Gort: This is primary...
Commissioner Sanchez: What are you talking about?
Chairman Plummer: The question is, Mr. Clerk, why do we have to have a resolution before us
to set a date.
Mr. Walter J. Foeman (City Clerk): Because we have to give to Metropolitan Dade County forty-
five days prior to the election, the legislation.
Vice Chairman Gort: Move it.
Chairman Plummer: Excuse me, Mr. Teele asked a question, let him get his answer.
Mr. Foeman: This is a second, well we have one more meeting scheduled before the break, and
normally we have done it in past years.
Chairman Plummer: Well, I think, Mr. Teele was asking why we have to do it at all, not the date.
Mr. Foeman: What, legally why we have to do it?
Commissioner Teele: I thought it was provided for in the Charter.
Mr. Foeman: Well, we want to ask the City Attorney.
Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): This is a resolution advising the County which actually
conducts the election that we intend to have an election, both the primary and general election,
November 2nd and 9th.
Commissioner Teele: Is that what this resolution says?
Mr. Vilarello: Yes, sir.
60 July 13, 1999
Chairman Plummer: All right, and if we defer this for four years, Gort, Regalado and Plummer
don't have to run?
Mr. Vilarello: No, sir.
Chairman Plummer: We say there `till the successors are elected?
Commissioner Sanchez: No, we will be swearing in new people.
Chairman Plummer: I like the idea. Thank you, Mr. Teele, you gave me a good idea. Moved by
who?
Commissioner Sanchez: Me.
Chairman Plummer: Moved by Sanchez, seconded by Teele, I think it's proper. All in favor say
"aye °,
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-490
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A
NONPARTISAN PRIMARY ELECTION ON NOVEMBER 2, 1999, FOR THE
NOMINATION OF CANDIDATES FOR THE OFFICES OF THREE
COMMISSIONERS, AND FOR HOLDING A LATER GENERAL MUNICIPAL
ELECTION ON NOVEMBER 9, 1999, UNLESS ALL OF SAID OFFICES
HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION;
PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO
VOTE IN SAID NONPARTISAN GENERAL ELECTION; DESCRIBING
PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY
ELECTION AND SAID GENERAL MUNICIPAL ELECTION; DESCRIBING
THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE
PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING
SUCH NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL
MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY
CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY
COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION
BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE
NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION
AN THE PROVISIONS HEREOF.
61 July 13, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Teele: Mr. Attorney.
Chairman Plummer: Mr. Attorney.
Commissioner Teele: Could we provide an ordinance that would require that the City Clerk carry
out this ministerial duty, like this in the future?
Mr. Vilarello: I will certainly look into that, Commissioner.
Commissioner Teele: Just look into it. I mean, part of..
Chairman Plummer: And, can 1 make another suggestion...
Vice Chairman Gort: This has been happening for four... for hundreds of years.
Chairman Plummer: ... Mr. City Attorney?
Mr. Vilarello: Yes, sir.
Chairman Plummer: ... And this, you don't do it in this election because I am involved. But this
idea of making the Clerk stay here on Saturday until what is it? Six o'clock at night. I think it
ought to be a regular business day, a Friday at five o'clock. Anybody that's going to run has the
knowledge they are going to run. They got to have a bank account; you can't get that on
Saturday. You have got to file with a fee of a check from an account.
Commissioner Teele: Mr. Attorney isn't that in the Charter?
Chairman Plummer: No. They go now until Saturday at 6:00 p.m.
Commissioner Teele: Does the Charter provide a time limit?
Mr. Foeman: It speaks to a time specific, yes.
62 July 13, 1999
i
Mr. Vilarello: Commissioner, I'll look into it. Of course we are limited to the extent that there is
Charter provisions to that effect, but 1 am being told that...
Chairman Plummer: So, we are into a Charter review.
Mr. Vilarello: I am being told that the qualifying dates are set by the City Commission, and we
may be able to deal with that, but if you allow me to look into it, and report back to you.
Chairman Plummer: OK, that's fine, because I just don't, you know, it's ridiculous. If they can
get a bank account on Saturday, you might have some credence, but they can't get a bank
account. All right, we are now on item twenty-seven. It's a settle...
Commissioner Teele: For about twenty minutes on Saturday?
Chairman Plummer: From four to five a.m.
2 6. SETTLEMENT: ELSE ESPINEL, $40,000.
Chairman Plummer: OK, a settlement by the City Attorney. A resolution. Moved by Teele,
seconded by Sanchez. All those 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.99-491
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY ELSE ESPINEL, WITHOUT ADMISSION
OF LIABILITY THE SUM OF $40,000, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, FOR THE CASE ELSE. ESPINEL VS. CITY OF
MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 96-05177 CA
(32), 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 AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653.
(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:
63
July 13, 1999
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
2 7 . SETTLEMENT: HELENA NELSON, $60,000.
Chairman Plummer: Likewise with twenty-eight. A settlement by the City Attorney. Moved by
Teele
Commissioner Sanchez: So moved.
Chairman Plummer: seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-492
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY HELENA NELSON, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $60,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE HELENA NELSON, ET.
AL. VS. CITY OF MIAMI, ET. AL., ELEVENTH JUDICIAL CIRCUIT CASE
NO. 95-24591 CA (20), UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS ND EMPLOYEES FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.653.
64
r
July 13, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
28. BRIEFLY DISCUSS AND WITHDRAW CONSIDERATION OF PROPOSED
SETTLEMENT WITH CHALK'S INTERNATIONAL AIRLINES IN CONNECTION WITH
THE REDEVELOPMENT OF THE WATSON ISLAND AIR TERMINAL FACILITY;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS OF ALLI
NECESSARY RELATED AGREEMENTS AND TO PRESENT SAID AGREEMENTS TO
THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL PRIOR TO EXECUTION.
Chairman Plummer: Item 29 is a resolution. Chalk's has been withdrawn. Item...
Commissioner Teele: What are we? What is the effect of this, and what are we doing with
Chalk's?
Chairman Plummer: What are we doing with Chalk's, Mr. Manager?
Mr. Alejandro Vilarello (City Attorney): I... Go ahead.
Mr. Donald H. Warshaw (City Manager): Well, OK, I'll tell you the piece I know. This has been
withdrawn by Mr. Ken Confalone who has stated to us that he intends to buy the airline on his
own, and at this point is not coming before the City for anything. We are still in negotiation with
him on lease arrangements and those negotiations will continue.
Mr. Vilarello: Commissioner.
Chairman Plummer: But, we are not losing our option for the lawsuit?
Mr. Vilarello: No, I think we are proceeding on two tracks. My office is proceeding with, in
regard to the bankruptcy and protecting our interest so that it's clear that the trustee is not
transferring anything more than the disputed interest in land. In fact, I received an order from the
bankruptcy court in Dallas last week, which allows after August 5th for us to proceed with any
litigation which this Commission deems appropriate. At the same time, the City Manager and his
staff are proceeding with discussions with Mr. Ken Confalone to the extent that they may or may
65 July 13, 1999
not be fruitful is yet to be seen. But, we are protecting the City's interest, at the same time the
Manager is seeing if there is some deal that can be negotiated.
Chairman Plummer: All right, we are now on item thirty. We are buying from...
Commissioner Teele: Did we pass twenty-nine?
Chairman Plummer: Well we passed twenty-nine, it was withdrawn, sir. Item twenty-nine was
withdrawn.
29. EMERGENCY WAIVER OF REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING PROCUREMENT OF CHLORINATING BRIQUETTE TABLETS, FOR
THE DEPARTMENT OF PARKS AND RECREATION FROM COMMERCIAL ENERGY
SPECIALIST, INC., ($19,678.50).
Chairman Plummer: All right, item thirty is the waiving of sealed bids which I hate, to buy
chlorinated briquette tablets for nineteen thousand six hundred seventy-eight dollars and fifty
cents ($19,678.50)
Commissioner Teele: So moved.
Chairman Plummer:.... for Parks and Recreation. Moved by Teele, seconded by...
Mr. Alejandro Vilarello (City Attorney): Excuse me.
Mr. Donald H. Warshaw (City Manager): There is a scrivener's error.
Chairman Plununer: Wait a minute.
Mr. Warshaw: I am sorry.
Chairman Plummer: I haven't got a seconder.
Vice Chairman Gort: Second.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Gort. Now, scrivener's error.
Mr. Warshaw: It should be nineteen thousand six eighty-seven fifty, not six seventy-eight fifty.
Chairman Plummer: The price went up. All rightee. Motion understood as amended. All in
favor say "aye"
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
66 July 13, 1999
r
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-493
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE PROCUREMENT OF CHLORINATING BRIQUETTE
TABLETS, FOR THE DEPARTMENT OF PARKS AND RECREATION FROM
COMMERCIAL ENERGY SPECIALIST, INC., IN AN AMOUNT NOT TO
EXCEED $19,687.50; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF PARKS AND RECREATION GENERAL OPERATING
BUDGET, ACCOUNT CODE NO.001000.580301.6.704.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: Commissioner Tomas Regalado
30. EMERGENCY WAIVER OF REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING PROCUREMENT OF BULK LIQUID CHLORINE AND THE RENTAL
OF CHLORINE STORAGE TANKS, FOR THE DEPARTMENT OF PARKS AND
RECREATION, UTILIZING EXISTING FLORIDA INTERNATIONAL UNIVERSITY
CONTRACT WITH COMMERCIAL ENERGY SPECIALIST, INC. ($14,687.50).
Chairman Plummer: Item thirty-one. Again, waiving competitive bidding sealed, without sealed
bids, chlorine storage tanks for fourteen thousand five hundred and ninety-two dollars
($14,592.00).
Commissioner Teele: So moved.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Teele, seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
67
July 13, 1999
1A
Chairman Plummer: Ail opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-494
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS
(4/5TI-IS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE EMERGENCY PROCUREMENT OF BULK LIQUID
CHLORINE AND THE RENTAL OF CHLORINE STORAGE TANKS, FOR
THE DEPARTMENT OF PARKS AND RECREATION UTILIZING EXISTING
FLORIDA INTERNATIONAL UNIVERSITY CONTRACT NO. 96-102 WITH
COMMERCIAL ENERGY SPECIALIST, INC., IN AN AMOUNT NOT TO
EXCEED $14,592; ALLOCATING FUNDS THEREFOR FROM PARKS AND
RECREATION, OPERATING BUDGET, ACCOUNT CODE NO.
001000.5 803 01.6.704.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: Commissioner Regalado
Note for the Record: At this point, regular agenda item thirty-two was tabled at the request
of the Administration by the City Commission.
Chairman Plummer: Item thirty-two. We are going to hold that as going to be at three o'clock
this afternoon at the request of the Administration.
31 . DISCUSSION CONCERNING THE MONTHLY FINANCIAL REPORT INCLUDING
THE BUDGET OUTLOOK AND A FINANCIAL UPDATE.
Chairman Plummer: All right, monthly financial report. Hello?
Ms. Julie Weatherholtz (Finance Director): Hi, Julie Weatherholtz, Finance Director. As of the
last report that went out which was April 30th, the City continues to bring in its revenues fairly
close to what the budget is. In addition, the Finance Department has completed its reconciliation
68
July 13, 1999
of all the special revenue funds. We have worked them out in accordance with the annual
reporting on the CAFA report, and we are in the process of closing out old special revenue funds
which are no longer active. We are now starting our process of the full reconciliation of the
capital project funds. That will probably... It's estimated to take until mid -September. Once
those are completed, there will be monthly reporting included in your monthly financial report on
capital projects which currently does not exist.
Chairman Plummer: All right, my question always is the same. It's going to be again, are there
any red flags that this City Commission should be addressing itself to, individually or
respectively?
Ms. Weatherholtz: Yes, we should be addressing the management comments that were presented
to us at the last Commission by theauditors. In addition, we should continue to address the areas
where we have no reserves set aside, such as all of our self-insurance funds, and also for the
compensated absences that are not used that would be your accrued vacation and your accrued
sick leave in which the City currently has no reserve set aside for.
Chairman Plummer: What action by this Commission do you deem necessary at this time, if any,
to address those issues. Currently, in the budget that's going to be presented to you for fiscal
year 2000, it does address setting reserve amounts aside to be accrued every year forth -coming to
have reserves in the fiiture for those. In addition, the area of the Workers' Comp area, continues
to be addressed which as we move forward in that area can be beneficial to the City by reducing
the long-term liability. Also, for the reporting model which we will be coming down with that
which has been signed by the GASB (Government Accounting Standards Board), the
Government Accounting Standards Board, the new reporting model will be in effect staring with
fiscal year 2002. Infrastructure reporting will then follow in fiscal year 2004. Staff is addressing
those issues by one, with the fiscal year '99 audit, we will be preparing performance statements
in accordance with those new regulations so that we can assure that the presentation will be in
compliance when the time comes, and in addition, it will give us a foresight as to what our
financial statements, and what our financial outlook will be under that new reporting model.
Chairman Plummer: When are you going to start budget hearing workshops?
Mr. Luie Brennan (Interim Director, Budget Department): We have already... Sorry, Luie
Brennan, Interim Director.
Chairman Plummer: And, you did not invite us.
Mr. Donald H. Warshaw (City Manager): We have had meetings with all of your staffs.
Chairman Plummer: No, no, you know, I supposedly am the Chairman of Police and Fire. Now,
if you have done those two budgets, I haven't been invited, and I think that out of, if nothing
more than courtesy, that I should have been invited, because you are going to be looking to me in
September for my input and here you go, I don't know for nothing. OK, you'll talk to me later,
that's fine. Thank you. And, I assume it goes for the others that are just as concerned.
Vice Chairman Gort: We'll let you handle that.
69 July 13, 1999
32. APPROVE COCONUT GROVE VILLAGE COUNCIL ELECTION OF CANDIDATES,
ON NOVEMBER 2, 1999 CITY ELECTION BALLOT.
Chairman Plummer: OK, guys. Can? With permission of my colleagues, can I take one thing
out of turn?
Vice Chairman Gort: No.
Chairman Plummer: Mr. Beleze is here who would like to ask this Commission to pass a
resolution to allow the Coconut Grove Village Council to be an election on our ballot which
they'll pay for, which we have always done in the past.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Teele and Sanchez.
Commissioner Teele: Why do they have to pay anything?
Chairman Plummer: There is a fee to put it on the ballot as I recall.
Mr. Frank Balzabre: Right, which we would assume.
Mr. Walter J. Foeman (City Clerk): In... Yes, that's, that's...
Chairman Plummer: But, they pay the fee.
Mr. Balzabre: Right.
Mr. Foeman: Right, that's done through the Supervisor of Election. We are like a pass through,
but they...
Chairman Plummer: OK, but in other words, we are giving them the opportunity to do it, OK.
Mr. Foeman: Yes.
Chairman Plummer: All in favor say "aye"
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous. Good-bye.
Mr. Balzabre: Thank you, very much.
70 July 13, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-495
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
COCONUT GROVE VILLAGE COUNCIL'S ("COUNCIL") REQUEST THAT
THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY
("SUPERVISOR") PLACE ON THE NOVEMBER 2, 1999 CITY OF MIAMI
ELECTION BALLOT, AT THE APPROPRIATE PRECINCT(S), A SLATE OF
CANDIDATES FOR ELECTION TO THE COCONUT GROVE VILLAGE
COUNCIL; FURTHER CONDITIONING SAID APPROVAL UPON THE
COUNCIL 1) PAYING ALL APPLICABLE ELECTION COSTS PRIOR TO
SAID ELECTION, AND 2) MEETING ALL CRITERIA SET FORTH BY SAID
SUPERVISOR.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
33. COMMENTS REGARDING CLERK OFFICE OPEN ON SATURDAY FOR DEADLINE
TO QUALIFY AS CANDIDATES FOR ELECTION [See section 25].
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: The Clerk has given me the Charter...
Chairman Plummer: Yes, sir.
Commissioner Teele: ... which states that all such qualifying fees shall be deposited with the said
City Clerk no later than 6:00 p.m., on the 45th day prior to the election.
Chairman Plummer: Is that a Saturday or a Friday?
Mr. Walter J. Foeman (City Clerk): It's a Saturday. It's the 18th issue.
71 July 13, 1999
Chairman Plummer: Yeah, it's got to be, because the election is always on a Tuesday, so 45 days
prior would have to be a Saturday.
Commissioner Teele: 6:00 p.m. is in your Charter.
Mr. Foeman: Yes.
Chairman Plummer: But that's on Saturday. I am saying to move it to Friday, a regular business
day.
Commissioner Teele: And, I am telling you, I am willing to have a Charter amendment to do
this...
Chairman Plummer: Oh, OK.
Commissioner Teele: ... in November, if you want to do that.
Chairman Plummer: Sir, I am not voting on... Let me make the record very clear. I am not
voting on anything on the November 2nd ballot except the Village Council and three guys from
up here. Nothing else as far as I am concerned is going on that...
Commissioner Teele: I was only, I was only trying...
Chairman Plummer: Don't be so darn helpful.
Commissioner Teele: I was only trying to be helpful.
Chairman Plummer: So, I am telling you right now, Charter Review, no Charter Review... Let
me tell you, people voting basically the first time for districts, it's going to be confusing enough,
all right.
Vice Chairman Gort: Second time for me.
Chairman Plummer: Well, second time for you, yeah, OK.
Vice Chairman Gort: OK, I am narrowing the score for second.
Chairman Plummer: Well, you know, Sanchez went out and shot everybody that was thinking
about running, so...
Dote for the Record: At this point, regular agenda item thirty-four was tabled by the City
Commission, per the request of Mayor Carollo for 3:00 p.m.
Chairman Plummer: All right, you want to do the appointments now?
Vice Chairman Gort: Thirty, we have thirty-three.
Commissioner Teele: Is it?
72
July 13, 1999
Chairman Plummer: All right. 1 am sorry, thirty-four, the Mayor has asked that that be done late
this afternoon or deferred `till lie has the opportunity to speak on it. You want to do some?
Commissioner Sanchez: Break for lunch.
Chairman Plummer:
Well, how about? Let me, Mr. Teele, let me go a step further. Mr.
Manager...
Vice Chairman Gort:
What happened to thirty-two?
Chairman Plummer:
Thirty-two was passed, wasn't it?
Mr. Donald H. Warshaw (City Manager): Thirty-two, `till 3:00 p.m.
Mr. Walter J. Foeman
(City Clerk): Three was tabled.
Vice Chairman Gort:
1 just want to make sure you don't forget about my neighborhood.
Chairman Plummer:
Well, 3:00 p.m., yeah, that's yours, Allapattah. Raul asked that all the
people are coming here
at three. Mr. Manager.
Vice Chairman Gort:
I just want to make sure that you didn't forget about my neighborhood.
Chairman Plummer:
Well, I am sorry, Mr. Raul Martinez...
Vice Chairman Gort:
That's all right, that's all right.
Chairman Plummer:
... get the whip.
Vice Chairman Gort:
Are we coming back, what time, 2:15?
34 (A) NEED TO INCLUDE COMMISSIONER REPRESENTING A DISTRICT TO EVENTS;
MEETINGS SCHEDULED IN HIS DISTRICT
[ g
PARKING CONCERNS: AT JIMBO, S (FISH-,MAItI{ET)INY IRG F XCEY, [See {
t
NeCtlon 53]
1
(C) PROPOS)✓D BOOT ORDINANCE FOR SCOFFLAWS, [SeeLsection 352jx %h,�=,
a{ (D) GATE HOUSES IN MORNINGSIDE DISTRICT
Chairman Plummer: Mr. Teele spoke this morning. Mr. Teele.
Commissioner Teele: Sir.
Chairman Plummer: And, 1 want to concur, and I am not going to point fingers of where I am
going to say this, but I think you'll know. I thought it was out of line that there was a meeting
last week, in my district by a department head without my being there. Now, you know, it would
seem like to me, that if department heads want to hold a meeting in my district, they should say to
me, is your schedule clear for such and such a date. And, I think that should prevail to each and
73 July 13, 1999
every one of us that sit up here. Don't set a meeting and say, hey, here is an invitation, we hope
you can make it. Mr. Manager, I would say to you that you ask that in the future, that if a
meeting is going to take place by department head or a department of the City...
Vice Chairman Gort: Or an event. Or an event.
Chairman Plummer: Or an event, yes, that the Commissioner of the district be contacted and
asked for his approval for the date that he can make sure that he wants to be there and he can
make it. I am not mentioning any names, it happened, it's over and all I am saying to you is sir,
that I concur with Commissioner Teele that it shouldn't happen. The respect and courtesy of a
district should be obeyed.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: With all due respect, I think that that's very nice. Mr. Attorney, I would
appreciate it if you would codify that as a resolution and a policy direction of the City. You
know, obviously, there should be extended circumstances when that may or may not occur. But,
at a minimum, if it does occur that way, then there should be a report mandated to the full
Commission as to what went on and what happened and those kinds of things and that should
include the Office of Media Relations as well where they are having events. And I would like
later on today to talk about this whole issue.
Chairman Plummer: It's on the agenda for Media Relations.
Commissioner Teele: The Media Office works for you, is that right, Mr. Manager.
Mr. Warshaw: Yes, sir.
Commissioner Teele: And, you are responsible for their conduct?
Mr. Warshaw: Yes, sir.
Chairman Plummer: All right, once again, to remind you this Commission will be meeting at... I
am sorry, there will be a meeting of the CRA at 2:15. Mr. Manager, two things I want to address
this afternoon, one is Jimbo's on Virginia Key. I think you guys are playing not fair, and second
of all, the booting, Mr. City Attorney, I want to protect the City's right on the booting ordinance
not to be taken over by the County. I want to address both those issues. Also, Mr. Manger, ask
Mr. Kay, the gate houses in Morningside, Mr. Kay, correct me if I am wrong. There are two gate
houses that the Supervisor of Construction has said it's going to be three to four months. Those,
we made a promise to the people up there August the 24th. The construction company is saying,
"we are not going to do this, this is a knit job, and we are just doing to fill in." Mr. Manager, my
credibility, his credibility and yours is on the line.
Mr. Warshaw: OK.
Chairman Plummer: If that contractor can't give us the production, then I think we need to take
him out now.
74 July 13, 1999
Mr. Jim Kay (Director, Public Works Department): May I make one statement? I brought that to
the attention of the owner of the company, the contractor. He said that statement was made by
just a worker on the project, and that he intends to still stay committed to the schedule.
Chairman Plummer: Mr. Kay, out of the last ten days as you know, I intentionally have been
there every day, and the only day they worked was the 4th of July, I am sorry, the 5th which was
the holiday. And, they said they did that because they weren't working on their regular projects.
Our credibility is on the line. If you and I are not standing there on the 24th to have the applause
of that area, we are going to get the darts.
Mr. Kay: I understand.
Chairman Plummer: And, I don't like darts.
Mr. Kay: I understand.
Chairman Plummer: We are adjourned until...
Vice Chairman Gort: Two -fifteen.
Chairman Plummer: Well, we are adjourned `till later.
Commissioner Teele: Two -thirty, and...
Chairman Plummer: Will two thirty be all right? This Commission will reconvene at two -thirty.
Vice Chairman Gort: The CRA (Community Redevelopment Agency).
Chairman Plummer: There will be a CRA meeting at two -fifteen.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:03 P.M., AND
RECONVENED AT 2:18 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
75 July 13, 1999
CITY OF MIAMI
COMMUNITY
REDEVELOPMENT
AGENCY
MINUTES
OF MEETING HELD ON JULY 13, 1999
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foenian/City Clerk
THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01,
FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES,
CONSTITUTED ITSELF AS THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUES:
35. RATIFY TECHNICAL CHANGES TO INTERLOCAL COOPERATION
AGREEMENT WITI{ COMMUNITY REDEVELOPMENT AGENCY (CRA).
Chairman Teele: Mr. Chairman.
Board Member Plummer: Excuse me. Ladies and Gentlemen, Commissioner Teele has
convened the meeting of the CRA (Community Redevelopment Agency). Thank you.
Chairman Teele: The meeting of the Community Redevelopment Agency for Southeast
Overtown Park West and the Omni Redevelopment districts is called to order. Mr. Attorney.
Mr. Alex Vilarello (City Attorney): Yes, sir.
Chairman Teele: Tile issues relating to the Interlocal Agreement are all technical, there are no
substantive... Ms. Tejera, Ms. Tejera, we are waiting for you up here.
Mr. Vilarello: There are no material changes...
Chairman Teele: There are no substantive material issues. Will you just outline to the board
what those changes are, and just by way of background to the board, the CRA has not had an
Interlocal Agreement pursuant to the discussions...
Board Member Plummer: Can I stop you, Mr. Teele, for a moment please? I think it's important
with the TV on, that people understand what the CRA is.
Chairman Teele: Yes, sir. Thank you, Commissioner Plummer. The City of Miami has,
pursuant to State law over the last few years, ten years or so, a redevelopment authority, a
redevelopment agency. That agency, initially, was for Overtown Park West and the Southeast
Overtown and Park West areas. Subsequently, the Omni area was designated as a redevelopment
district. So, technically, we are sitting as a redevelopment district of two separate districts and
for all practical purposes, we have one Board of Directors and we treat those matters as one
integrated agency. The CRA, therefore, relates to the Community Redevelopment Agency, and
that designation is significant in accordance to the State law because it essentially provides in all
of the taxes, ad valorem taxes that are collected within those geographic boundaries, over and
above the amount of taxes that were collected before the agencies were created goes into a pot,
and that pot is called the "Tax Increment Trust Fund." A long story short, the Southeast
Overtown Park West Trust Fund is significantly in the red and will be so in the foreseeable
future, and that the Omni tax district is in the black, however, 100 percent of all of the revenues
from the Omni district have been pledged for the next, how many years, Mr. Attorney?
Board Member Gort: Twenty years.
76 July 13, 1999
Mr. Vilarello: Until the satisfaction of the Performing Arts Center bonds are retired.
Chairman Teele: For the Performing Arts Center bonds, which is, at least 20 years. So,
essentially, we are operating with a very, very tight budget, very, very real limitations. The inter -
development, Interlocal Cooperative Agreement, is the agreement that would govern the
relationship of the CRA in carrying out its redevelopment activities and it is consistent with state
law. To be very honest, this agreement should have been done 15 years ago when it was first
created, and I think many of the areas that we have focused on in the past, the trouble areas
would have had more clarity if we had had that. And so, this Interlocal Agreement is simply the
Interlocal Agreement between the CRA, sitting as the CRA, subsequently, the City of Miami
Commission will entertain the Interlocal Agreement. Both lawyers have opined that, actually,
this is not necessary as a formality that it come back in that there are no substantial changes.
However, in a fit of caution, we brought the matter back to the board for technical changes. The
significant thing, however, is not this agreement, it's the fact that for the last nine months, ten
months, the CRA has been rendered operationally minimized, because without that agreement, I
as the Chairman, and the Executive Director, the Interim Executive Director, have agreed that we
would not hire any staff until there had been an agreement with the City as well as with the
Oversight Board. i think it's fair, Mr. Attorney, and Mr. Manager to say that the meeting with
the City Manager, myself and other City staff persons including the Director of Development, of
Community Development, Ms. Warren and the City Attorney, have cleared all issues with the
Oversight Board, most issues that we know of, and that the Oversight Board has not necessarily
pre -cleared this, but they Nvere very much a part of the negotiations. The most significant factor,
I think, stated singularly is that all future employees of the CRA will not be City employees, but
will be employees of the CRA. Mr. Attorney, the City Attorney who is the official lawyer for all
City agencies under the Charter, as you know, is augmented by Special Counsel to the CRA, and
so we have both counsels here. Mr. Attorney.
Mr. Vilarello: If I could just go over the modifications of the agreement and starting out with the
point that you just brought up, Commissioner. The employees of the CRA will be independent
employees of the CRA approved by this board as they are hired, including the Executive
Director. You should consider that later in today's meeting. The agreement does however,
provide that the City can detail employees to the CRA in order to avoid a duplication o expenses
between the CRA and the City, and that detail will be considered by separate agreement between
the CRA and the City Commission. The, it further provides that the Finance Department of the
City of Miami will be the fiduciary of all the funds of the CRA, unless the CRA decides
otherwise. At this point, the agreement itself provides that the Finance Department will handle
all the funds subject to any future modification by the CRA. The agreement, one of the technical
changes was that administrative expenses of the CRA will not use any CDBG (Community
Development Block Grant) funds in order to avoid any confusion as to the appropriate
distribution of the administrative expenses or allocation of administrative expenses to the City's
annual allocation, and...
Chairman Teele: That's subject to the ten percent cap. The City uses the full ten percent, and so
the CRA would not have the availability of any CDBG funds for administrative purposes.
Mr. Vilarello: Correct. And, finally, a related issue to that is the CRA wouldbe a sub -recipient
rather instead of a grantee of HUD (Department of Housing and Urban Development) funds.
And, perhaps, Ms. Warren, or actually, the Chairman might be able to more adequately describe
the significant difference between a sub -recipient and the grantee. If there is any questions...
77 July 13, 1999
Board Member Plummer: Well, i guess, the first question is, if the CRA has no money, where is
the money coming from to...
Chairman Teele: Well, the issue is, the Interlocal Agreement. I mean, this is an authorizing
document, not an appropriating document, and I think...
Board Member Plummer: OK.
Chairman Teele: ... one of the ways to get things really confused is to start talking about money
when you are not really talking about money.
Board Member Plummer: All right, I'll wait.
Chairman Teele: i mean, it's a good question. A part of the agreement basically, and...
Commissioner a part of the agreement addresses a minimum level of commitment. The City has
main... The City has, the CRA's funding under State law envisions that the CRA would be self-
supporting and its revenues would come from the tax increment district after a reasonable start-up
period. And, when we say it doesn't have money, what we are saying, J.L., is that it doesn't have
tax increment which is what this is all about, a tax increment funding, which is why
redevelopment is so important. The business of the CRA is one thing to increase the tax base,
and I think that's one of the things that has really gotten confused over the years as to what our
business is. Our business as the CRA is to increase property values, and to the extent we go out
and plant trees, to the extent we go out and redo sidewalks or lighting, or any of the infrastructure
that increases the tax base, that's really what we should be in, and in a lot of ways, we sort of lost
function. For example, housing is not a tax increment home run, in fact, housing is not a triple or
a double, it may be considered just getting on base. If you look at, for example, J.L., the three
blocks of land that we just took away from, that we just reclaimed in terms of the redevelopment
over there, the issues that you were so concerned about. If we put housing on those three blocks
as was planned, our tax increment would be something like seventy to one hundred and twenty
thousand dollars ($120,000) a year. If we put commercial, our tax increment would be something
between the magnitude of three and seven million dollars ($7,000,000) a year. So, the whole
issue is, how do we get the tax increment to move? That's where we are missing. Historically,
the City has funded the CRA, and this agreement would require that the City maintain its minimal
historical funding.
Board Member Plummer: And, that amount is?
Chairman Teele: That amount is from any number of three sources. It is three hundred or so
thousand in general... Why don't you read the exact numbers.
Mr. Vilarello: It's on page six of the Interlocal Agreement. Program funds of, a little bit, slightly
more than nine hundred thousand, general funds support of slightly below three hundred
thousand, and Hunan Resources support of approximately three hundred and sixty-three
thousand, and as I understand that, that is...
Chairman Teele: Plus the CDBG, which is a totally different issue.
Mr. Vilarello: 'Che debt service.
78 July 13, 1999
Chairman Teele: Huh?
Mr.'Vilarello: And also the debt service. But, those are, as I understand it, the historical support
that the City has provided to the CRA.
Chairman Tecle: And, I should say that, that Manager Warshaw, I think has been extremely
balanced. I mean, there is some historical issue that may not have been necessarily right
historically, and i think he's tried to balance the unique role that he has as Manager in terms of
being responsible for the entire City, but recognizing, I think, the unique problems in the
redevelopment area. The most important area, and I am glad the Finance Director is here, as it
relates to sub -grantee, sub -recipient, and the fiduciary issue which I have said repeatedly, not-
withstanding the fact that somebody still believes that forty million dollars ($40,000,000) is
missing. And, if the money is missing, it's missing from the Finance Department, and the
Treasury, because to my knowledge, the CRA has never written a check, and under this
agreement, the CRA will not be writing checks, OK. So, if any money is missing, the thirty
million, the forty million, it's missing from the City's Finance Department, and somebody needs
to come forth at some point and clear the record as to where that money is, and if it's missing or
if it's not. But, it's not missing from the CAR, CRA checking accounts because we have never
had it. The important issue in this, as far as I am concerned, and I really would like to hear from
the Manager, the Finance Director, is the recognition that while the CRA is designating the
Finance Department as the fiduciary, and well we should, the ability of commingling money, Mr.
Manager, the ability of commingling money is not available to the Finance Department. In other
words, once the CRA enters into a contract with City whether it be general fund of the two
hundred thousand dollars ($200,000) year, at the end of the year, at the end of the year, the
City's Finance Department does not have the authority to go in and sweep accounts from the
CRA. You can sweep accounts from all City departments, but the CRA is not a City department.
At the point in time that the CRA enters into a contract with Community Development and those
funds are made available from Community Development to the CRA, which again, goes into the
City's Finance Department books, that, those funds are obligated under Federal law, and I want
to make sure that that's clear by everybody on the record.
Ms. Julie Weatherholtz (Finance Director): I am Julie Weatherholtz, Finance Director. The way
the City accounts for cash is called the "Pooled Cash Method." What this means is that there is
one bank account, and the money goes into that bank account. The way that money is then
segregated between various projects, funds, special revenue funds, CRA funds is through the
general ledger, which is the computerized accounting system. So, at any given point in time, you
could take all the cash accounts from all the funds, all the projects, theCRA money, you can add
that all up to one number and that will balance to the bank account. So, therefore, there would be
no sweeps at the end of the day, there is no clearing of any type of account or adding bank
accounts together to come to one number. It's just a matter of on paper, in the general ledger, for
those accounts that are associated with the CRA funds, that is how you segregate those funds
from the rest of the money that's part of the pooled cash. In addition, what we would like to do
is, on the annual financial statements, the CRA is considered a special revenue fund and that is
how it's been reported on the annual month, on the annual financial report. It's just that on
previous annual financial reports they have just been added to other special revenue fund and put
in a column called "other." What we would like to do beginning with 1999, is have the CRA
special revenue fund completely separate from any other special revenue funds so that, at any
given point in time, you could open an annual report you can open the monthly financial report
79 July 13, 1999
and you will see the CRA activities at all times so that they will not be commingled with any
other entity of the City.
Chairman Teele: Ms. Weatherholtz, I think that's very helpful, but again, for the record, I just
want to make it very clear that the CRA is a separate entity, and that the fiduciary relationship
with the Finance Department is that, you are working for the CRA in the context of the fiduciary,
and therefore, you have no, the Finance Department or the City, doesn't have an independent
right to remove funds or close accounts or sweep funds. You know, for example, ITB
(International Trade Board), at the end of the year if ITB has fifty thousand dollars ($50,000) in
the account, the Manager has the authority to sweep those accounts. That will not be available
under the CRA scenario in that we are a separate entity, and I think that's what you are saying
with the special revenue report, that it will be a different accounting.
Ms. Weatherholtz: Yes, yes.
Board Member Gort: Can we do that for our office, too?
Ms. Weatherholtz: No.
Board Member Gort: 1 mean, last year we gave back twenty-five thousand.
Ms. Weatherholtz: Your office is Currently...
Chairman Teele: You're talking about the Commission offices?
Ms. Weatherholtz: Yes.
Chairman Teele: You can't do that for us.
Ms. Weatherholtz: Each Commission office is part of the general fund, so therefore it's not a
special revenue fund, but each department is recorded by index code which does separate your
particular office, say from another Commissioner's office.
Board Member Gort: Yeah, but I think you can have the funds from one year to the next year.
Ms. Weatherholtz: No, without total Commission approval.
Board Member Plummer: What's the name of our new Finance Director?
Chairman Teele: Are there any other questions? I mean, the
Board Member Gort: I have...
Chairman Teele: Essentially, this is the same agreement that was approved in, in October?
September, October? September, with the changes that have been noted. Ms. Warren, did you
want to add or embellish?
Ms. Gwendolyn Warren (Director, Community Development): No, the only... To answer your
question, specifically about the Community Development funds, part of the agreement is that any
80 July 13, 1999
unutilized Community Development funds, on an annual basis, would come back to this
Commission for reallocation back to the CRA. That was a part of what you agreed is, that the
carry-over finds from Community Development would remain and would have to be authorized,
I am sorry, by the City Commission and the...
Chairman Teele: Would remain where?
Ms. Warren: Would remain with the CRA.
Chairman Teele: Right. Yes.
Ms. Warren: And, again, but for the purposes of...
Chairman Teele: I mean, the reason for that is, it is impossible to do long-term financing if you
are spending all your time trying to spend money on a calendar year. And, one of the frailties of
government generally, and that's why capital accounts are so important, is that if everything has
to be spent by year end, then, you don't ever, really engage in long-term development activities
and that's one of the challenges that the CRA has.
Ms. Warren: Tile only caution that I would have is, that the Community Development funds that
you have allocated and that you may allocate in the future, have a life cycle, so the monies on the
one hand, the Commissioner is correct in that you want to be able to do long-term planning by
making sure that you can project your expenditures and your resources but, on the other hand, the
planning has to be prudent in that it needs to spend the money on a time certain, because we have
had some issues with too many years going by before monies are actually used once allocated, so
I caution in that area. But, other than that, your summary is correct.
Board Member Plummer: When does this Interlocal become in effect?
Chairman Teele: When it's executed by the two parties.
Board Member Plummer: Is that?
Chairman Teele: And, technically, it could be executed almost, I mean... Mr. Attorney, you have
opined that you don't think it's really necessary for this agreement in some ways to come back to
the City Commission and the CRA, but in abundance of caution you asked that we consider doing
that, that's what we are doing.
Mr. Vilarello: That's correct. However, on the City's side of the equation, it still requires
Oversight Board approval. We have met with the Chairman of the Contract Review Committee
and he was part and parcel of the discussion, so we anticipate a quick review of the contract, but
technically, we do have to get, on the City's side we have to get approval from the Oversight
Board.
Board Member Plummer: OK, but my...
Chairman Teele: And... Commissioner Plummer.
81 July 13, 1999
Board Member Plummer: My next question, Julie. What is the balance of the account now,
assuming we are going into starting, what is the balance now?
Ms. Weatherholtz: I don't have that information with me, but when we develop the May monthly
financial report, it will be in that document.
Chairman Teele: It will be presented at the next CRA board meeting which we are trying to
agree now, will be the last week in July, some time.
Board Member Plummer: OK, so in other words, this amount of monies that we find here in this
document, are they tine monies operating presently, starting October 1st?
Chairman Teele: Those docu... Those numbers are totally meaningless from a fiscal point of
view.
Board Member Plummer: OK.
Chairman Teele: From a fiscal point of view those numbers are meaningless. In terms of a
baseline of the historical finding that the City has provided, that is what those numbers represent.
Board Member Plummer: But, is it October 1, these numbers are going to become reality?
Chairman Teele: No, these numbers are the historical funding of the CRA, City of Miami over
the last five years, amortized or averaged, I think five years or three years, of the historical
funding from the City to the CRA, that's all those numbers mean.
Board Member Plummer: But, October 1st, the City is going to be obligated for something in
this amount of money to the CRA.
Chairman Teele: I... To the extent, yes, that's a fair statement. To the extent that the City has
historically funded the CRA, and quite frankly, these represent historical debts that the City and
the CRA have already entered into. Most of this money is, most of the money is payment of
debt, outstanding bond debt.
Board Member Plummer: Not including the 108.
Chairman Teele: The 108, technically J.L., is not the CRA's debt. It is technically the City's
debt. But, yes, not including the 108.
Board Member Plummer: OK. So, then, I am assuming the Manager has got to be and prepared
for the budget for these dollars from the City to the CRA, starting approximately October Ist,
that's what I am trying to get at. And, what I am asking, the other question, you said, well, I'll be
getting later, is what is the balance of the account presently?
Board Member Gort: My... I have a question.
Chairman Teele: OK, and you'll get that later. Commissioner Gort.
Board Member Gort: You finished, you finished, J.L.?
82 July 13, 1999
Board Member Plummer: Yeah.
Vice Chairman Gort: My question is, this allocation of funds, my understanding since I have
been here, every ),car we allocate "X" amount of money to the CRA. In other words, last year's
budget that finishes now in September, funds are being allocated. Now, the way we have been
running the CRA for the last six or eight months, I don't think we have utilized all the funding,
because I think we only had one person...
Chairman Teele: Well, that's a very important point. I take the position, is that, the funds that
were allocated to the CRA for administration would not be used until there was an agreement.
Technically, there is probably, the CRA budget for administrative purposes is probably fifty
percent under budget or stated another way, saved. But it's really not saved, because the tasks
that have be performed have got to be performed...
Board Member Gort: No, I understand.
Chairman Teele: Yeah.
Board Member Gort: I think this is a balance that can be carried over to next year. That's what I
want to say.
Chairman Teele: That's right...
Board Member Gort: OK, OK.
Chairman Teele: ... and that's why I want to get Ms. Weatherholtz, because the dumb, the really
thing that we don't want to do is put the CRA in a position like a lot of other agencies where they
go out and spend money knowing that things have to be done. I can tell you right now, the
biggest problem we have in implementing the last year program plan, is that we are probably two
and a half million dollars ($2,500,000) short for the current year we are in, in terms of the
program plan.
Board Member Plummer: Well...
Board Member Gort: Another question. The, my understanding is, in going through this
agreement, from now on, any expenditure that will take place within the district, it will have to
come in front of us, and it will have to be approved by us. In other words, what I am trying to do
is, make sure, I understand we have agencies that work within the district, we are going to make
sure that we are going to adopt a plan and those people comply with the plan that this board has
put together.
Chairman Teele: Right.
Board Member Gort: They are in compliance with us.
Chairman Teele: Right, and I think that's one of the missing elements of where we are. We have
really not put together the joint plans yet, and the reason is, all we have been able to do is, put
together the CRA plan. Again, I think, Manager Warshaw and the various departments,
83 July 13, 1999
particularly, the Parks Department, singularly the Parks Department, have really worked co-
operatively, and I think, you know, J.L., you know the Margaret Pace Park...
Board Member Plummer: Margaret Pace Park.
Chairman Teele: ... is a classic example of how those agencies have really worked, you know,
together in an initial point of view. But, all of the expenditures of the CRA come back before the
board. But, I think one of the things that's important, is that the CRA is a state agency, and the
one thing you don't want to do is make the CRA. layered in bureaucracy as a City agency for that
purpose. The time to really deal with the CRA budget is when you approve the plan and the
budget, Sort of like the DDA (Downtown Development Agency) or any other organization, and
what you really try to do is, grant to the Executive Director and the staff the ability to go ahead
and get it done within the confines of the State procurement laws and the municipal laws.
Board Member Gort: Teele, I think what I am trying to get at is, not to repeat the mistakes that
have been made in the past with a lot of, CDBG funds have been spent, and I don't think they
have been spent very wisely. I am not trying to get another layer of bureaucracy, on the contrary,
I would like to expedite everything that would take place, but I would like to make sure that
whatever expenditure takes place within those districts, are taking place in accordance with what
we have adopted.
Chairman Teele: And, in that regard, it will come back before... I think, the whole June, the July
meeting, the last week is going to be layered with the kind of details that you are looking for.
Board Member Gorr. OK.
Chairman Teele: Further discussions? Is there a motion?
Board Member Plummer: Move it.
Chairman Teele: Moved by Commissioner Plummer...
Board Member Regalado: Second.
Chairman Teele: Seconded by Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Teele: Those approved say, have the same right. It's approved.
84 July 13, 1999
The following resolutions were introduced by Board Member Plummer, who moved its adoption:
OMNI/CRA RESOLUTION NO.99-9
AND
SEOPW/CRA RESOLUTION NO.99-11
A RESOLUTION (subject matter: ratifying the technical changes to the Interlocal
Corporation Agreement between the CRA and the City of Miami).
(Pending CRA Counsel)
(Here follows bodies of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Regalado, the resolutions were passed and
adopted by the following vote:
AYES: Board Member Tomas Regalado
Board Member Joe Sanchez
Chairman Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Board Member J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
36. APPOINT RICHARD JUDY AS EXECUTIVE DIRECTOR OF CRA - SALARY /
BENEFITS/ANNUAL REVIEW.
Chairman Teele: At the, two months ago, the CRA (Community Redevelopment Agency)
directed that Commissioner Gort meet with Mr. Judy to determine his availability and the terms
of his engagement, and at this time, the City Attorney has prepared the document. I think it's
important to note that the salary that is being proposed is roughly half of the salary that the
previous Executive Director made for the CRA. In addition, it also should be noted that Mr. Judy
will not be an employee of the City, but an employee of the CRA. I do know that the City
Attorney and I had a discussion, and I said for all practical purposes, Mr. Judy should be viewed
as a City, as a department head, I think. And, so, when the chart was put together, other than the
salary, and one or two things, he was given the benefits that all the other City department heads
have at this time, and Commissioner Gort, I would ask you to present whatever report you would
like to at this time, and...
Board Member Gort: No, no. The reason is, I would like to go over it, because we have the base
salary, we have the vacation sick days and personal leave, non -holidays and City holidays,
insurance, reimbursement for the insurance. Considering that we have the 150/300 one time
85 July 13, 1999
equipment expenditure, car allowance, expenses allowances, but I would not accept the deferred
compensation.
Chairman Teele: OK, so, you are moving it with the exception.
Board Member Gort: With the exception of deferred compensation. That was...
Board Member Plummer: Second.
Chairman Teele: Seconded by Commissioner Plummer, discussion? Further discussion? Let's
put it on the record, what is Mr. Judy's long-term contract, Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): It's a contract at the will of the CRA.
Chairman Teele: So, lie has no long-term contract. In other words, three CRA board members
could get together and fire him, with or without cause? With or without cause?
Mr. Vilarello: With or without cause. At the will of the CRA. He's an, it says that he's an "at
will". He serves at the will of the CRA. Let me get you the exact language.
Chairman Teele: And, I would only ask that the amend, that the resolution be amended to insert
the words "with or without cause."
Board Member Sanchez: "With or without cause."
Chairman Teele: 1 understand that it...
Board Member Plummer: Well, 1, Mr. Teele. I would like to have, if I may, inserted in there that
"each year he will be renewed based on an evaluation of the previous years action." I think that's
very, very good. It keeps the people on their toes. Dick Judy, I have no problem with, but I think
that in having the evaluation every year, subject to a renewal of an annual contract, if you are
going to have a contract, not, not...
Chairman Teele: I think that makes a lot of sense.
Board Member Plummer: So, that's the only thing I would...
Chairman Teele: Mr. Attorney.
Mr. Vilarello: Yes, sir. There is one additional issue that you, Mr. Chairman, had brought up
that we did not incorporate in the resolution was that Mr. Judy is a job -basis employee to the
extent... And, 1 think that's the best way to phrase it, he is... He has to work the number of hours
necessary to get the job done, and I would like to incorporate that language into the resolution,
with the consent of the Chair...
Chairman Teele: OK, and that's fine. But, what this basically is saying is, that if he doesn't get
the job done, one, he's subject to be fired. Now, I am not going to add this to the resolution, but I
think it's only fair that if somebody does an outstanding job, that the entity should consider
providing a bonus, but I am not going to write a bonus into it because that will be the story, "Judy
' 86 July 13, 1999
hired with the potential of making two hundred thousand dollars ($200,000) a year," is how it
will get written. So, I don't even want to deal with that, but I thinkif on one hand you are going
to say somebody could be fired for not doing a good job, we should also adopt in principle the
notion that...
Board Member Plummer: Teele, I have no problem with him having some kind of a pension as
such. But, I think twenty percent is a little high.
Vice Chairman Gort: No, no.
Board Member Sanchez: No, no, no.
Chairman Teele: No.
Board Member Sanchez: No, no, no. J.L.
Chairman Teele: lie took it out. The pension is...
Board Member Plummer: I understand, but I am saying, I think there should be some kind of a,
whether you want a pension or whatever it is, like with our City Managers. All of those...
Chairman Teele: Well, I'll tell you what I would like to do. I would like to defer...
Board Member Plummer: All right, all right.
Chairman Teele: ... that issue until after we approve the budget in November or December, let's
reopen that issue, if we haven't fired him.
Board Member Plummer: Well, but I want to go on the record right now.
Chairman Teele: Well, I am with you on that.
Board Member Plummer: That as far as I am concerned, I think he would be entitled to such as
we do with the managers who pay into the ICMA, whether they are here or at some other City,
and he would have that as an ongoing. I am not in concurrence with twenty percent, but we'll
talk about that at budget time as you say.
Chairman Teele: Further discussions with the amendments as provided by Commissioners Gort,
Commissioner...
Board Member Plummer: The City Attorney wishes to be heard.
Chairman Teele: ... Plummer, and read into the record by the City Attorney. Before we hear
from the City Attorney, Mr. Sanchez. Commissioner Sanchez, Commissioner Regalado.
Board Member Sanchez: No, I just wanted to make sure that the language is stated "with or
"without cause."
Chairman Teele: "With or without cause."
87
July 13, 1999
Board Member Sanchez: OK, that the deferred compensation was scratched out by
Commissioner Gort.
Chairman Tecle: Compensation was out and that he is job basis and his job does not entail him
working a certain number of hours, but him performing certain tasks.
Board Member Sanchez: Exactly. With a one year review every year...
Chairman Teele: With an annual review.
Board Member Sanchez: Review.
Chairman Tcele: And, let's just agree now that the annual review will be in October...
Board Member Piunur►er: October 1.
Chairman Tecle: ... or November.
Board Member Sanchez: October 1.
Chairman Teele: October 1, OK. Beginning this October... OK. Commissioner Regalado.
Board Member Regalado: I just want to say that I have known Mr. Judy when he was airport
director, and I hope that his relations that he made throughout the years will be put to work in,
especially in the Overtown area. I always thought that the City should have contacts with the
Consulates, the different Consulates here. I had an experience; a friend of mine, a Consul called
me and said that people were coming to his Consulate saying "where should I invest?" A lot of
people with Mercosur Treaty say that they want to use the City of Miami and I just would hope
that Mr. Judy would try to bring to the Overtown area many of these people who are really eager
to invest in the City. So, I think it is a wise decision of the board, and I hope that we can work
with him.
Board Member Plummer: Call the question.
Chairman Teele: The question has been called. Further discussion? Mr. Attorney, we are going
to vote right after your statement.
Mr. Vilarello: .lust one issue. There was a discussion about the renewal based on an annual
evaluation. With the permission of the CRA, I would like to remove the word "renewal", it's just
based on an... There will be an annual evaluation. I was advised that, perhaps that might be
contract type -language, and I would like to avoid it.
Chairman Teele: Mr. Friedman, anything?
Mr. Robert Friedman (Legal Counsel): Agreed.
Chairman Teele: No further questions. Call the roll. A motion by...
88 July 13, 1999
Board Member Plummer: Me.
Chairman Teele: Commissioner \vIlo?
Mr. Waltcr .I. Focman (City Clerk): Gort.
Chairman Tcele: Motion by Commissioner Gort, seconded by...
Mr. Focman: Seconded by Plummer.
Chairman Teele: ... Commissioner Plummer,
Board Member Plummer: Fine. Here again, Mr. Gort is infringing upon my district, but that's all
right.
The following resolutions were introduced by Board Member Gort, who moved its adoption:
OMNI/CRA RESOLUTION NO. 99-10
AND
SEOPW/CRA RESOLUTION NO.99-12
A JOINT RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY AND THE OMNI AREA
REDEVELOPMENT AGENCY (COLLECTIVELY, THE ("CRA")
AUTHORIZING THE CRA TO APPOINT RICHARD H. JUDY AS
EXECUTIVE DIRECTOR OF THE CRA AND AUTHORIZING THE SALARY
AND BENEFITS DESCRIBED AS EXHIBIT "A" TO BE RECEIVED BY
RICHARD H. JUDY IN HIS CAPACITY AS EXECUTIVE DIRECTOR OF
T14E CRA.
(Here follows bodies of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Board Member Plummer, the resolutions were passed and
adopted by the following vote:
AYES: Board Member Tomas Regalado
Board Member Joe Sanchez
Board Member Wifredo Gort
Board Member J. L. Plummer, Jr.
Chairman Arthur E. Teele, Jr.
NAYS: None
ABSENT: None,
89
July 1.3, 1999
37 . DISCUSS REPEAL OF INDEPENDENT CRA AND U.S. HOUSING AND URBAN
DEVELOPMENT FUNDING POLICY, PROGRAM AND PROCEDURES REVIEW,
COMMITTEE -- SCHEDULE NEXT CRA MEETING FOR JULY 26, 1999.
Chairman Teele: The final item is in light of the Oversight Board's... And, I should say this. The
Oversight Board Chairman was very, very clear that he believes that there is a role for a CRA
(Community Redevelopment Agency). He believes there is a role for an independent CRA. He
believes that the redevelopment areas of Park West and Overtown cry out for direction, and he
has said that in his role as Chairman, he is going to review the budget of the City of Miami. And,
J.L., I think this is very important for you to hear, that he is going to review the budget of the City
of Miami, and Mr. Warshaw, I know, I hope you hear, please correct me if I misstate this. As
well as the Community Development budget to ensure that adequate resources are going for this
redevelopment effort. And, in that light, with the Oversight Board basically taking that renewed
interest and responsibility, I think that the independent CRA Policy Programs and Procedures
Committee is redundant, and I think rather than creating a second Oversight Board, we should
just agree to let him exercise the interest that lie's indicated and commit. Mr. Warshaw, I really
wish you would say something on the record on this, if you would please, please.
Board Member Plummer: Does that require a vote?
Chairman Teele: No, it doesn't require a vote, but what it does mean is, that we instruct the City
Attorney to prepare the repeal.
Mr. Donald Warshaw (City Manager): I missed the very beginning, I had stepped into the back,
so I was on the way in...
Board Member Plummer: Ah, here is the Manager of the month.
Mr. Warshaw: So, if you can just ask me one more time, sorry, I missed that.
Chairman Teele: No, I said that in light... We are talking now about the repeal of the
independent CRA and housing programming policies in light of the Chairman of the Oversight
Board indicating that they are going to take a close look at the City budget and the Community
Development budget to ensure the CRA is adequately funded, consistent with his notion that
these are areas that really cry out for redevelopment.
Mr. Warshaw: OK.
Chairman Teele: And, I just wanted you to give that perspective because you were there, and
since it involves him saying he's going to look at City funding, I just thought it might be better if
they heard it from you, at least, in acquiescence to that.
Mr. Warshaw: I don't have a problem with that. I am not exactly sure what you are asking me. I
was there, you're talking about the meeting with Robert Beatty?
Chairman Teele: When he indicated that, in the future, that the Oversight Board would take a
close look at how the City is allocating Community Development funds, and other funds with a
90 July 13, 1999
view toward insuring that the redevelopment of these areas, which he views is important, is
carried out.
Mr. Warshaw: Which we view is very important, absolutely.
Chairman Teele: Which we all view, right. And therefore, it would be superfluous to have it
independent. I am saying, in light of that, which I have never seen them before express any
interest in this area, that it's superfluous or redundant to have this Independent Review
Committee.
Mr. Warshaw: I agree with that.
Chairman Teele: Yes, yes.
Mr. Warshaw: I feel that that's something that we should do as a City...
Chairman Teele: Right.
Mr. Warshaw: ... and particularly as we move forward. One day, there is not going to be an
Oversight Board, and one of the things I have said and I am starting to say more of now, we need
to begin to exhibit that level of independence and start to move forward on our own, so I concur
100 percent.
Chairman Teele: Right, and I think, Mr. Attorney, therefore, you can prepare for first reading
today the repeal of that. Now, don't that require two readings?
Mr. Vilarello: Yes, sir.
Chairman Teele: Contrary to Attorney Plummer's view this morning.
Mr. Vilarello: Well, he actually... The Commissioner, actually, did have a handle on the
Mason's Rules which most people don't, and...
Board Member Plummer: I am a Catholic boy, so I can't be a Mason.
Mr. Vilarello: Commissioner, it is scheduled for the meeting of the 27th, for first reading.
Chairman Teele: OK, and so that will be repealed in light of that.
Mr. Foeman: OK.
Board Member Plummer: I move to we adjourn.
Chairman Teele: A motion to adjourn is always in order.
Board Member Plummer: Is always in order.
Chairman Teele: Can we agree, please, informally, on the meeting of the CRA the last week of
July, please?
91 July 13, 1999
Board Member Plummer: Monday night?
Chairman Teele: Monday night, the 26th?
Board Member Plummer: That sounds good to me.
Board Member Regalado: No problem, but the 27th, we have a meeting here.
Chairman Teele: Six o'clock Monday night, and we'll set a time and a place. There being no
other business for the CRA, the CRA is hereby adjourned.
THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED
CONSIDERATION OF THE HERF.INABOVE ISSUE, IN ORDER TO RESUME
CONSIDERATION OF REGULAR AGENDA ITEMS.
Commissioner Teele: Mr. Chairman.
Commissioner Plummer: Excuse me. Ladies and gentlemen, Commissioner Teele has convened
the meeting of the CRA. Thank you.
3 8. AUTHORIZE USE OF JAMES L. KNIGHT CENTER AUDITORIUM BY ARIE
KADURIE ENTERPRISES FOR "MANA" CONCERTS.
Commissioner Plummer: Ladies and gentlemen, as requested... Oh, my God. Yes. I'll have to
call you back, bye.
Vice Chairman Gort: Mr. Chairman.
Commissioner Plummer: All right, Mr. Gort.
Vice Chairman Gort: You know these presentations are very nice, but I want to know who is
working in Allapattah right now.
Commissioner Plummer: Obviously, nobody.
Unidentified Speaker: We have somebody. It's opened.
Commissioner Plummer: If you got Bo Lennard here, God help us all. What can I tell you. All
right, let me, let Mr. Teele get finished before we start, OK.
Unidentified Speaker: Sure.
Commissioner Plummer: Mr. Manager, I have a thing here, I'll go ahead and do while we are
waiting, if I may? This is from the City Administration, not mine. This is not mine.
Vice Chairman Gort: No, I understand, but item sixteen is supposed to be brought back.
92 July 13, 1999
Commissioner Plummer: Sixteen, whatever it is, I will. A resolution of the City Commission
authorizing the use of the James L. Knight Center Auditorium by Arie Kaduri Enterprises at a
rental fee to be based upon seven percent of the gross ticket sales received for the presentation of
two concerts to be performed by the group "Mana" on September 10, and 11, '99, said use
conditioned upon the event organizers pay and all the necessary costs of the City service and
applicable fees associated with said event, two, obtaining insurance to protect the City in an
amount as prescribed by the City Manager, and his designee, and three, complying with all
conditions and limitations as might be prescribed by the City Manger or his designee. Moved by
Commissioner Sanchez, seconded by Commissioner Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Show it unanimous. Mr. Manager, your item is now approved.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-496
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
USE. OF THE JAMES L. KNIGHT CENTER AUDITORIUM BY ARIE
KADURI ENTERPRISES, INC., AT A RENTAL FEE TO BE BASED UPON
SEVEN PERCENT (7%) OF THE GROSS TICKET SALES RECEIVED FOR
THE PRESENTATION OF TWO CONCERTS TO BE PERFORMED BY THE
GROUP "MAMA" ON SEPTEMBER 10 AND 11, 1999, SAID USE
CONDITIONED UPON THE EVENT ORGANIZERS (1) PAYING FOR ALL
NECESSARY COSTS FOR CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENTS; (2) OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; (3) AND COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: Commissioner Tomas Regalado
93 July 13, 1999
3 9 . RECONSIDER AND RE -ADOPT WITH MODIFICATION: AGREEMENT WITH
MEDAPHIS PHYSICIAN SERVICES CORPORATION FOR EMERGENCY MEDICAL
TRANSPORT BILLING AND COLLECTIONS. (See section 117]
Commissioner Plummer: Item sixteen, Mr. Gort is asking about item sixteen.
Vice Chairman Gort: It is my understanding there was something missing. Mr. Attorney.
Commissioner Plummer: Mr. City Attorney, item sixteen. You said that there had to be an
amendment.
Mr. Alejandro Vilarello (City Attorney): Yes. One of the items that was... The resolution
provides that it is a one-year agreement subject to two additional one-year option periods in the
option of the City. It actually is a three -year agreement with two one-year options, and the
resolution needs to be corrected to that extent.
Commissioner Plummer: All right, do we need to revote on the issue.
Mr. Vilarello: You need to reconsider the item.
Commissioner Teele: Motion to reconsider.
Commissioner Plummer: Motion to reconsider by Teele, seconded by Gort. All in favor say
"aye "
The Commission (Collectively): Aye.
Commissioner Plummer: All in favor of the reconsider...
Commissioner Teele: As amended.
Commissioner Plummer: As, no. We have got to reconsider first.
Commissioner Teele: Oh. You already did that.
Mr. Vilarello: You just did.
Commissioner Plummer: All right, I did it. Approving the resolution as amended. Moved by
Teele, seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Show it unanimous.
Mr. Vilarello: Thank you.
94 July 13, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-498
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM WITH MEDAPHIS PHYSICIAN
SERVICES CORPORATION, FOR EMERGENCY MEDICAL TRANSPORT
BILLING AND COLLECTIONS FOR A TERM OF THREE YEARS, WITH
THE OPTION TO RENEW SAID AGREEMENT FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
4 0. DISCUSSION REGARDING ALLAPATTAH NET OFFICE - PRODUCE MARKET.
Commissioner Plummer: All right, Allapattah, you are on. How long, about how long?
Mr. Edward Borges (Allapattah, NET (Neighborhood Enhancement Team) Coordinator): It will
be brief. I will say, no more than ten, fifteen minutes.
Commissioner Plummer: You got it, Toyota.
Mr. Borges: Good afternoon, Mr. Chairman...
Commissioner Plummer: That means Bo Lennard don't get to talk, ha -ha-ha.
Mr. Borges: ... Commissioners, my name is Eddy Borges. I am the Allapattah NET
Administrator. I am going to make a brief presentation to discuss some of the things we do in
Allapattahl, but first, let me introduce my staff. First, the Code Enforcement Inspectors. We have
Jose Arnmador, Caridad Fareas (sp), Jorge Garcia. For the first six months of this year, they
have done eleven, eleven hundred inspections and they cited five hundred and sixty, five hundred
95 July 13, 1999
and eighty-six businesses. Next, I will introduce the Code Enforcement aids, Sumanda Fallacies,
and Letha Cardinathe. Since March, they have identified overone hundred and seventy lots, and
we have either cited, posted them or cleared them.
Commissioner Plummer: Wait, wait. You cleared one hundred and seventy?
Mr. Borges: No, that's not what I said, Commissioner.
Commissioner Plummer: OK, let's get it clear.
Mr. Borges: We cited them, posted them or cleared them.
Commissioner Plummer: OK.
Mr. Borges: OK. Because a lot of these lots are cleared by the property owners.
Commissioner Plummer: I just want to get it clear.
Mr. Borges: Next is Alfredo Manehas, he's our general laborer. He basically does everything
we ask him to do. He's a real asset. He picks up all the shopping carts in the area, he picks up
any tires, he coordinates the clean-ups in the neighborhoods. He picks up a lot of the illegal
produce that the vendors leave behind, and he's really an asset. Next...
Commissioner Teele: Does he ever have any extra produce?
Mr. Borges: Definitely, yes, thousands of pounds. We confiscate on a regular basis thousands of
pounds of produce from illegal vendors. Next is the Police, we have Lt. Ramon Fernandez, Leon
Lennard, and the new kid on the block, Richard Perez, he's been with us for about two months.
Commissioner Plummer: Leon, who in the hell is Leon?
Mr. Borges: In the first six months of this year, we had one hundred and forty-two businesses
come into Allapattah, and we have collected revenues in excess of ninety-eight thousand dollars
($98,000) while we had over thirty-five hundred visits from citizens. We handled over one
thousand and fifty-two complaints and I would like to briefly talk about what we are going to be
doing in the market, or what we are doing already. I know that the market has been really a sore
spot for years. We have been working hard, but we are starting, we are implementing a new
approach, a zero tolerance approach. We are working with the Police, Solid Waste Department,
The Homeless Assistance Center, the EPA, DERM (Department of Environmental Resources
Management), our Code Enforcement inspectors. EPA has notified all the property owners in the
are, and they are going to require them to obtain a special permit. Also, a traffic study was
completed; it needs to be implemented. And, I think that's basically it. I will introduce Ramon
Fernandez who has been with us for three months now.
Commissioner Plummer: Now, let's, if I may, Mr. Gort, because it's your district? I think we
need, Mr. Manager, he's out of... Mr. Raul, this thing of the market continues to go on, and on,
and on. I think we need to say, Mr. Martinez, in 90 days, we expect action.
Vice Chairman Gort: On what?
96 July 13, 1999
Commissioner Plummer: On cleaning up the market.
Vice Chairman Gort: J. L., let him finish.
Commissioner Plummer: OK, let him finish, but lie was moving on to a different subject. That
was the reason I say it.
Vice Chairman Gort: I will address all that when it comes to it.
Commissioner Plummer: I am sorry, I spoke, God forbid.
Vice Chairman Gort: See, you are getting involved in my district now. I know you are trying to
get even, but that's all right.
Commissioner Plummer: All right, all right.
Mr. Borges: I would like to introduce the police, the lieutenant first, and any questions you have
on the market, and I have been there for four years, but...
Commissioner Plummer: I can't ask them. Mr. Gort says I can't speak.
Mr. Borges: Lt. Fernandez
Police Lt. Fernandez: Commissioners, Chief of Police, Mr. City Manager, I am Lt. Ramon
Fernandez, I am the new commander in Allapattah. I held this position for approximately six
months. From my first day assignment, I have worked diligently to reduce the crime rate in the
area. The biggest problems that we have are the burglaries, which are the highest in the City of
Miami. Therefore, I have implemented several details composed of undercover police officers. I
have these police officers identify locations where narcotics have been sold in the area, and then
to target those locations. As a result, these police officers made approximately 400 arrests during
this period, and the burglary rate has gone down by 25 percent along with the other crimes, all the
part one crimes. The robberies went down about 13 percent, the auto thefts went down, I believe
about 23 percent. Hopefully, in the near future, I may have additional manpower that will help
me alleviate the crime that we have, and I am willing to say if I do obtain the manpower, perhaps
the burglaries would go down as much as 50 percent. Now, in the produce market, I have been
contacting, every time I contact the detail in the area, the first thing I do, I would dispatch the
officers to the produce market. As a matter of fact, we had a detail yesterday. We arrested about
13 people in the area, most of them are crack addicts, and we will continue to do so. I also have
an officer four days a week. He is not a beat officer. What I am doing is, I am shifting officers
from another area and have them police the produce market.
Vice Chairman Gort: [inaudible —off microphone]
Police Lt. Fernandez: Yes, sir.
Vice Chairman Gort: Thank you.
Commissioner Plummer: The new kid on the block.
i 97 July 13, 1999
Mr. Richard Perez: Good afternoon, my name is Richard Perez, and just to act on what the NET
(Neighborhood Enhancement Team) said about the produce market, we came up with "Operation
Powerplay". And, what that consists of is basically a unified, simultaneous effort with all the
resources that we have available from our Code Enforcement to Sanitation to Police, and working
very closely hand on hand with the Homeless Assistance Program. We tour the Allapathah
Produce Market Place at least twice a day, and it's a making a huge difference.
Commissioner Plummer: Do they have to use the private haulers?
Vice Chairman Gort: OK.
Vice Chairman Gort: Yes, sometimes.
Mr. Borges: I would just like to apologize to my service rep., I forgot to introduce her.
Unidentified Speaker: Did you?
Mr. Borges: Yeah, he is it now. We have a couple of community people that might also want to
speak. We have Albena Sumner from the Allapattah Homeowners Association, we have Peter
Fedcle, the owner of the NationsBank Building on 36th Street, and we have Jose Echevarria from
"The Three Towers."
Unidentified Speaker: [inaudible — off microphone.]
Commissioner Plummer: Oh, oh, you know he's going to talk.
Mr. Jose Antonio Echevarria: [Comments in Spanish]
Commissioner Plummer: Turn your mike on, it helps.
Mr. Raul Martinez (Asst. City Manager): He's saying, good afternoon, it's an honor for him to
be here.
Mr. Echevarria: [Comments in Spanish.]
Mr. Martinez: He says for him, it's a pleasure for him to come here and talk about a person
that's done a great job within the last four years in Allapattah. He says, and this person as well as
the Lieutenant, and the police officers have worked together in cleaning up the area. He says in
the area of the plaza and all the streets around the plaza and throughout Allapattah and the
officers, and the office is very accessible, and they have done a lot to clean-up the area.
Mr. Peter Fedele: Good afternoon, gentlemen, ladies.
Commissioner Plummer: Pull the mike up.
Mr. Fedele: My name is Peter Fedele, I am with Golden Sands, [inaudible] Group. We are a
development and construction firm. We have been in the Allapattah area for the last ten years.
Our first property developed was the old Pepsi Cola plant. It had been abandoned for
98 July 13, 1999
approximately 15 or twenty years prior to our acquisition. When we first went to Allapattah, we
felt it was somewhat like a war zone, crime was rampant, there was vagrants in the area, but we
have seen tremendous improvements in the last ten years, especially since the institution of the
NET system, we felt we have been getting excellent service from the NET officers. Eddy Borges
has been excellent. The cooperation from the Police Department has been excellent. We have
nothing but the highest accommodation for the City, the workers, the Police, and the NET people.
So, we would like to thank you for the tremendous service you have been giving us in the area,
and we just hope you have the best of luck, and continue the good work, and thank you very
much.
Ms. Albena Sumner: Good afternoon, my name is Albena Sumner, I am president of the
Allapattah Homeowners Association, and we would also like to thank Mr. Fedele. Mr. Fedele,
three years ago built a police mini -station in his building at NationsBank which our six sergeants
in Allapattah have been using free of charge to the City of Miami Police Department. I am here
in support of the Allapattah NET Administrator and his team, Eddy Borges, and each of his staff
know me quite well. We work extremely well together. They are there to listen to us, they work
hard with us. They supply all of the services that we need. Unfortunately, Allapattah is a very
large area in the City of Miami. It's the second largest tax base and we do not have, I think,
adequate personnel to satisfy all of the situations that happen. We are a commercial, industrial
and residential area, and a majority of the time the Police Department has to spend fighting
narcotics in our area. I am sure, most of you have read, about the gun, the gun stores that were
being robbed that happened with the young men in our area. With the diligence of how our
Assistant City Manager, and our City Manager, and our new Police City Chief along with Lt.
Fernandez, Officer Lennard and our new NRO (Neighorhood Resource Officer) Officer Perez as
well as Inspector Sergio Guardix who I understand is now the administrator for the NET in
Wynwood...
Vice Chairman Gort: Right next door.
Ms. Sumner: ... and we are very proud of that. We were very proud of what's been going on
with the staff in the Allapattah NET Office. We want you to know that if all goes well, we have
predominately Hispanic NET with one African -American and a few black Hispanics. But, and I
am African -American, I am Bahamian by birth, and I am very hard, but I am also very hard
working. These people are very dedicated and I push them to the limit, because we get out there
and work, and I am sure Commissioner Gort knows that quite well. And, so anything that you
can do for us, we are going to be here to ask for it, but we have a tremendous staff, and with the
few amount of people that are the personnel for that department in such a large area, they have
done a tremendous job. Thank you.
Commissioner Plummer: Thank you, for coming here.
Vice Chairman Gort: Thank you. Let me tell you a little something about the... I know the
produce market has been a sore in Allapattah for a long, long time. But, I think finally, let me tell
you, I have participated in the sting operations. I do that constantly, and I think you have seen
some of the changes, especially 14th Avenue and 23rd Street. Finally, they have got the bins
together, they have locked them up, they put the locks on it, in that corner, you guys have done a
terrific job. We need to continue to work on 23rd Street, and one of the things we are doing is,
we have got all the different organizations. We had the DERMS, we had the State, we had the,
and we are all working as a team. We also are getting the market individuals to come up with the
99 July 13, 1999
associations which they meet at once a month and we meet with them, and we tell them about the
problems, We have a traffic study that has been conducted already, it has been finished. It's
going to come in front of us now to implement, that famous traffic study that you all recall that
you all didn't want to fund, finally, we fund part of it, and then... We need a second funding right
now to establish that traffic study to make it even better. The Homeless Assistance Center has
been very helpful, because most of the robberies there are conducted by the homeless within the
area, and some of them are being utilized by the property owners there, and by some of the
merchants. One of the things, and some of them can have legitimate work there. We are trying
to give them carts so we can identify those that are really working for the different agencies. We
still have got a lot to do. I mean, I am proud of the work that is being done, but like Sumner has
stated, Allapattah has a lot of problems, it has a lot of changes in the last 20 years, and I have
been thirty-seven years in there, so I have seen all the changes that have taken place. We still got
17th Avenue and 18th Street in Northwest, that's a terrible area. They are constantly going in
there with their sting operations, and we are arresting people, but unfortunately, the next two or
three days, they are on the streets again. And, that's something that we need to work on. We
need to get the PS (Public Service) team back out again, because it's very important. We have,
still have problems on 38th Street between 10th Avenue and all the way to 17th Avenue. That's
an area that we work constantly, but we need to continue to work on it. Now, the most important
thing is, the support .given by this Commission, and by these Commissioners, I think is very
important. The, I think the Produce Market is coming back into it, we have another meeting next
month with the association. They, themselves are going to go to the other ones, because let's
face it, it like always, you have a small group, they are the ones that ruin for everybody else. So,
the association is going to go talk to them and let them know, look, if you don't get your act
together, it's not the City, it'ss DERM that's going to close you down. So, a lot of them are
aware that if they don't get their act together, they are going to be closed down. So, and like I
said, I think we have some very good people, they work very good, they work very hard, but we
still have a lot more to do, and I'll be there to support them. And, let me tell you, I have learned a
lot from the sting operations. I go with them constantly, not only in the ones that's in there, but
with the police sting operations. And, finally, what I think that we have achieved in our NET is
that we are working as a team. We finally understand that the police, the inspectors, we are all
working for the same cause, and they are doing their job, which is what the NET was all about.
Utilizing, what the police cannot do, we can do through code enforcement. And what we cannot
do through code enforcement, we can do through the Nuisance Abatement Board. So, now, now
we can also use the State and the County, we can use DERM. So, now, we have got all the
utensils to make it right. It's going to be a little while yet, but we have got more work to do, but I
would like to tell you, I am very proud of the work they are doing, and I think we should help
them as much as we can, not only here, but every other place.
Commissioner Plummer: So be it. Anybody else have any that they want to say, a burning
issue?
Commissioner Teele: Mr. Chairman.
Commissioner Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I want to express to the NET Administrator, his staff, my
appreciation for the way you all have come down here. Unbelievably, all the ladies, and most of
the men behind you are smiling and happy. I get nervous when guys giggle too much at me, but,
in any event, I really think there is a real sense of camaraderie, and you can, that's self-evident. I
100 July 13, 1999
really want to pay compliment to Commissioner Gort, who really has worked very hard to get the
resources. I am a little bit taken aback by my dear friend saying that they want more resources,
and I am even more concerned that the lieutenant is saying he's expecting more resources, and I
won't get into a food fight here about resources. But, let me just say this, the... Your NET staff
is about double what I saw from Overtown and Little Haiti, and I don't begrudge you at all, I
compliment Commissioner Gort for his resources. The one thing that I do want to say to
Commissioner Gort, I am fully supportive of your efforts as the NET, as the District
Commissioner, and I will follow whatever lead you make on the produce area. But, I want to say
this on the record. I think our approach to the Produce is questionable. We continue to talk
about it as a problem. The Produce Market is one of the greatest assets in this community. I
believe that with the proper support, infrastructure support, marketing support, development
support, that the Produce Market could almost be a tourist attraction...
Commissioner Plummer: Absolutely.
Commissioner Teele: ... in this community.
Commissioner Plummer: Like Pyke's Peak.
Commissioner Teele: And, again, I want to... I am not going... I am not interfering with the
district, I am pledging my support to Commissioner Gort...
Commissioner Plummer: Pyke's Market. Pyke's Market in Seattle.
Commissioner Teele: ... to support him, but Willy, Commissioner, I really believe that if the
five-year plan, and I know Ms. Warren is here, does not include some reference to the Produce
Market, I think, we ought to make sure that it does. I think we could make the Produce Market a
model, and I don't think it has to be viewed as a liability, or as a problem where the only thing we
do in this City is start talking about enforcement, because I think we do, we over -enforce and
under -support in many areas. And, I really would like to be on record as saying, I would like to
see the Produce Market made a model and whatever I can do, Commissioner, you know,
recognizing that our districts are adjoining, I will follow your lead, particularly in making that
market a model place.
Vice Chairman Gort: Well, I have to tell you, you will see the difference, and it's not the way I
want it to be, but some differences have been made. I think they are finally having an
association. They finally understand they need to get their act together, and that we mean
business. I mean, people are being fined. I get a lot of calls from property owners that rent to
those individuals asking me how come I fine their tenants. I say, I am not only going to fine your
tenants, we are going to fine you too, and we are going to have double the inspectors, so you
better get your act together. So, it's not an easy task, but finally, I think we are getting all our
resources together, and I think you will see a lot of difference within the next three months..
Commissioner Plummer: Mr. Gort, one of the...
Vice Chairman Gort: ... especially once we get to implement the traffic study that we have
conducted, that's going to be very helpful in the area too.
101 July 13, 1999
Commissioner Plummer: Mr. Gort, one of the things as you know, in the commercial haulers that
I have insisted upon, that four times a year, free of charge to the City, they are going to have to
give those 40-yards dumpsters, and I don't thing there is anything wrong that one of the four
times a year, they could be used at the Produce Market where all of those trash, garbage,
whatever else, could be hauled off at no cost to the City and no cost to the merchants. So, that
will be written in to the commercial haulers of the Pro... you know, the waste haulers. So, Mr.
Gort, I think that when that matter does come before us, that you ought to insist that one of those
four times a year should be at the Produce.
Vice Chairman Gort: Well, part of the ideas that came out of the meetings is, the biggest problem
that you have with those produce markets is, you have a lot of goods that get spoiled, and they
need to get rid of that. Tile idea is, to try to locate, find a location where we can have one major,
what do you call those things?
Commissioner Plummer: Central trash.
Vice Chairman Gort: Central trash, where those people can go ahead and dump it. And, I think
this is one of the ideas that came out. So, yes, definitely, we will make that part of it.
Commissioner Plummer: All right, is there anything else to be discussed? We congratulate you,
and, you know, I am surprised you didn't talk about 20th Street. Twentieth Street is really,
actually, become a...
Commissioner Sanchez: It's...
Commissioner Plummer: ... mecca for people to go and to buy, and it's really, it's clean.
Mr. Borges:: You're correct, it's...
Commissioner Plummer: There is parking, it's bright.
Mr. Borges: That's right.
Commissioner Plummer: And, I think that that is something that really needs to be highlighted. I
can tell you that in the year with, I was with the International Trade Board, the amount of hits that
we got on the Internet for that kind of activity on the 20th Street was unbelievable. And, I hope
that you will continue to keep 20th Street viable, and if you do,1 am sure it's going to be a great
spark plug for that area.
Mr. Borges: Just to mention something. We do have a beat officer assigned there, and we are
going to work to enhance 20th Street, make it even better.
Commissioner Plummer: All right, we thank all of you for being here, now go back to work.
102
July 13, 1999
41 . APPOINTING KASHA SORAY, LUIS COSTA, RAMIRO MARRERO AS MEMBERS
OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD - REAFFIRM
APPOINTMENT OF SAM MASON.
Commissioner Plummer: All right, we are now back on the regular agenda, item 35. We will go
into these appointments pretty quick. The first appointment is the Affirmative Action Board,
Advisory Board. I am appointing as my appointee Rasha Soram, S-O-R-A-M. Mr. Gort, you
have two appointments.
Vice Chairman Gort: I have Luis Costa, Luis Costa, and also Dr. Ramirez.
Commissioner Plummer: Mr. Sanchez, you have one.
Vice Chairman Gort: I would like to reappoint, Sam Mason.
Commissioner Plimuner: That's a very good appointment. Mr. Teele, you have one.
Commissioner Teele: [inaudible]
Commissioner Plummer: Pass. OK. A motion to approve the names that have been surrendered,
and let me correct the spelling of the one that I appointed. The last name is S-O-R-A-Y. OK, a
motion to approve the names that have been surrendered.
Commissioner Sanchez: So moved.
Commissioner Plummer: Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Commissioner Sanchez, who moved
their adoption:
RESOLUTION NO.99-499
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.
MOTION NO. 99-499.1
A MOTION REAFFIRMING THE APPOINTMENT OF SAM MASON AS A
MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD.
103
July 13, 1999
(Here follows bodies of the resolution and motion, omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
42. DEFER CONSIDERATION OF APPOINTMENTS TO THE CODE ENFORCEMENT
BOARD.
Commissioner Plummer: Item, Code Enforcement Board. Mr. Sanchez has an appointment and
Mr. Regalado.
Commissioner Sanchez: Mr. Chairman, at this time, I would defer.
Commissioner Plummer: You'll defer. Mr. Regalado.
Commissioner Regalado: I will defer, too.
Commissioner Plummer: All right. Gentlemen, let me tell you, that they are having a problem
with a quorum.
Commissioner Teele: Code Enforcement?
Commissioner Plummer: Yeah.
4 3. APPOINT RICHARD KUPER, BRENDA LEE AS MEMBERS OF THE STEERING
COMMITTEE OF THE COMMUNITY RELATIONS BOARD - WAIVE RESIDENCY
REQUIREMENT FOR TOM GABRIEL.
Commissioner Plummer: All right, we are now on Community Relations Board. Mr. Teele, you
have two, and then a Steering Committee, you have one, and Mr. Gort, you have one on the
Steering Committee.
Commissioner Teele: May I inquire? The Steering Committee, what was the special, the special
requirement on the Steering Committee?
104 July 13, 1999
Mr. Walter J. Foeman (City Clerk): The special requirement on that was, that it had to be a
member from your staff.
Commissioner Plummer: From your Commission staff?
Mr. Foeman: From the Commission staff.
Commissioner Plummer: Yes.
Commissioner Teele: Yeah, OK, Brenda Lee for the Steering Committee.
Commissioner Plummer: OK, and you have two others from the CRB (Community Relations
Board)
Commissioner Teele: I am waiting from some input from PULSE and NAACP, I haven't gotten
it.
Commissioner Plummer: You wish to defer both?
Commissioner Teele: Yes, sir.
Commissioner Plummer: All right.
Vice Chairman Gort: Steering Committee.
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: Richard Kuper.
Commissioner Plummer: Mr. Kuper, you're sure about that, eh? OK. All in favor? Motion by
Gort, seconded by Teele. All names proffered be accepted. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Opposition, show...
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-500
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY
RELATIONS BOARD.
105 July 13, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
Commissioner Regalado: Before you continue, Mr. Chairman.
Commissioner Plummer: I am sorry.
Commissioner Regalado: Before you continue, just a question to the Administration or to the
City Clerk.
Commissioner Plummer: Mr. Manager.
Commissioner Regalado: When are these committees are going to start meeting, especially the
Community Relations Board? It's almost complete, except for two appointments from
Commissioner Teele. Do you have a timetable?
Ms. Marva Wiley (Special Assistant to the City Manager): As you know, Terry Griffin, he's
coming out now. Terry Griffin is the staff liaison for the Community Relations Board and I
would let him address that matter,
Commissioner Plummer: And, who are you?
Ms. Wiley: I am Marva Wiley, from the City Manager's Office.
Commissioner Plummer: Oh, that's good, nice to know. When is the meeting?
Mr. Terrence Griffin (Asst. Director, Parks & Recreation): Commissioner, I have... Terry
Griffin, Parks and Recreation Department. I am, I have been appointed staff liaison. I have not
been able to get a meeting together yet, obviously, with my schedule trying to get summer going
and pools in the beach. But, I have talked to a couple of the members, and let them know that
this month...
Commissioner Plummer: You will have one before the end of the, before the end of July?
Mr. Griffin: Yes, this month we will be trying to pull together a meeting.
106 July 13, 1999
Commissioner Plummer: Thank you, sir.
Mr. Griffin: Thank you.
Commissioner Plummer: Miami Audit Advisory.
Vice Chairman Gort: Mister, Mr. Chairman. Under the Community Relations Board, I need a
waiver of the resident requirements four -fifths, for my appointee.
Commissioner Plummer: Of Mr. Kuper?
Commissioner Teele: He doesn't live in Miami?
Vice Chairman Gort: No, no, no. For the Community Relations Board.
Commissioner Plummer: That's the one you appointed, Mr. Kuper.
Commissioner Teele: Kuper doesn't live in Miami?
Vice Chairman Gort: No. Kuper was not the Community Relations Board, it was the other board
that you asked me has to be staff.
Commissioner Teele: The Steering Committee.
Vice Chairman Gort: The Steering Committee.
Mr. Walter J. Foeman (City Clerk): Yeah, that's the Steering Committee.
Commissioner Teele: Of the Community Relations Board. Why doesn't he live in Miami?
Vice Chairman Gort: Because he lives on the Beach. He can afford it.
Commissioner Plummer: He does what?
Vice Chairman Gort: He lives in Miami Beach.
Commissioner Plummer: Oh.
Vice Chairman Gort: He lives on the island.
Commissioner Plummer: Does lie swim home?
Vice Chairman Gort: Yes, take the boat...
Commissioner Plummer: All right, a motion by Sanchez, seconded by Teele that we give a
waiver for the man who does the swimming from the Beach...
Vice Chairman Gort: No.
107 July 13, 1999
Commissioner Plummer:... to be a member of the board.
Commissioner Regalado: He doesn't need a waiver. For the Steering Committee, he doesn't
need a waiver.
Vice Chairman Gort: No, no. Excuse me, let me see if I can clarify this. My understanding is, I
need an appointment for the Steering Committee and I need an appointment as a board member
for the Community Relations Board.
Commissioner Plummer: Right.
Vice Chairman Gort: The Steering Committee, I do not need to waive the four -fifths because
residence requirement is not, it has to be staff. To the board, Tom Gabriel.
Commissioner Plummer: Tom Gabriel?
Vice Chairman Gort: Yes.
Mr. Foeman: Yeah, yeah.
Commissioner Teele: Gabriel doesn't live in this City?
Vice Chairman Gort: No.
Commissioner Teele: Tom Gabriel doesn't live in the City?
Commissioner Plummer: No, no, no. Is that our Tom Gabriel?
Commissioner Sanchez: He's thinking about moving into the City.
Commissioner Plummer: What part of Flagler Street do you live on?
Mr. Tom Gabriel (President, Miami Fire Fighters Association): I spend most of my time there.
Commissioner Plummer: Yes, uh-huh.
Commissioner Teele: Second the motion.
Commissioner Plummer: OK, the motion is to give a waiver for the man who does not live in the
City. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Opposition? Show unanimous.
108 July 13, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-501
A RESOLUTION WAIVING THE RESIDENCY REQUIREMENTS
CONTAINED IN SECTION 2-1152(b)(1) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AS IT PERTAINS TO THE
APPOINTMENT OF TOM GABRIEL AS A MEMBER OF THE COMMUNITY
RELATIONS BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
4 4. APPOINT MARCIA GRAYSON AS A MEMBER OF THE MIAMI AUDIT
ADVISORY COMMITTEE.
Commissioner Plummer: Miami Audit Advisory Committee. Commissioner Teele.
Commissioner Teele: Marcia Grayson.
Commissioner Plummer: Motion made to accept by Commissioner Sanchez, seconded by Gort.
All in favor of the name proffered say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez who moved its adoption:
RESOLUTION NO.99-502
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE MIAMI AUDIT ADVISORY
COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
109
July 13, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
Commissioner Teele: Mr. Manager.
Commissioner Plummer: Mr. Teele.
Commissioner Teele: Does the Miami Audit Advisory Committee really meet, does it really
serve an important function?
Commissioner Regalado: No, it doesn't.
Commissioner Plummer: Eh, the Finance Director.
Commissioner Teele: The answer, I think is, yes.
Mr. Victor Igwe (Director, Internal Audit): Yeah, they have... My name is Victor Igwe, I am the
Director of Internal Audit. We have met three times since I have been here.
Commissioner Plummer: Thank you, sir.
[NOTE FOR THE RECORD: At this point, regular agenda item 39 has been deferred.]
Commissioner Plummer: Item 39, Miami Sports and Exhibition Authority. Commissioner
Regalado.
Commissioner Regalado: I will defer that, Mr. Chairman,
Commissioner Plummer: Matter is deferred.
I10 July 13, 1999
I
4 5 . APPOINTING MARY ANN DAVID, CARLOS ENRIQUEZ, ELI FEINBERG, ALEX
FERNANDEZ, CANDANCE TRUSTEE AS MEMBERS OF THE FINANCE
COMMITTEE PURSUANT TO THE CITY OF MIAMI DEBT MANAGEMENT POLICY.
Commissioner Plummer: Item 40. The Finance Committee. I will nominate Mary Ann David.
Mr. Gort.
Vice Chairman Gort: I have a problem. I have a problem.
Commissioner Teele: Mr. Chairman, before you...
Commissioner Plummer: Excuse me, Mr. Teele.
Commissioner Teele: Excuse me, I want to hear. This is the committee... Does this committee
really function?
Vice Chairman Gort: No, it's never met.
Commissioner Teele: Does it meet? Tell us what's it designed to do.
Vice Chairman Gort: It's never met.
Ms. Julie Weatherholtz (Director, Finance Director): Julie Weatherholtz, Finance Director. This
finance committee is a committee that deals with the debt of the City of Miami. They would
review debt management policies. They may also review other areas when we deal in the debt
market.
Commissioner Plummer: Do they serve a purpose?
Ms. Weatherholtz: Once the City, I believe once this group is appointed, that yes, they will serve
a purpose.
Commissioner Plummer: Thank you. I appoint, Mary Ann David. Mr. Gort.
Vice Chairman Gort: Mr. Chairman, I appointed Carlos Enrique because he's a gentleman that
has been in the bond business for the last...
Commissioner Plummer: All right.
Vice Chairman Gort:... 15 years. He's very sharp, very smart.
Commissioner Plummer: Mr. Regalado.
Vice Chairman Gort: Excuse me, let me finish
Commissioner Plummer: Oh.
July 13, 1999
Vice Chairman Gort: I haven't finished. And, the other day, I got a call from him, he feels very
bad that he's being nominated, I think, for six or eight months now, and he has not been called to
any meetings. I think, somehow, if we are not going to utilize these people, let's send them a
letter and let them know we are not going to use them. Or, if we are going to use them, at least,
let them sit down...
Commissioner Plummer: I agree.
Vice Chairman Gort: ... give them some documentation, and let them look at it.
Commissioner Plummer: OK. Mr. Regalado.
Commissioner Regalado: Eli Feinberg,.
Commissioner Plummer: Eli Feinberg. is he allowed to sit on more than one?
Mr. Walter J. Foeman (City Clerk): As long as it's purely advisory. Each, we would have to
request the City Attorney...
Commissioner Plummer: OK, just asking the question. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I agree with Commissioner Gort on this issue. If we are
going to have committees that don't meet, and they are just going to take up paperwork and time,
I don't that, we should terminate the committee. Same example as Mr. Gort, I have appointed
Alex Fernandez who has said "in the last year, I don't believe they have met." So, if we are
going to have committees that are not going to meet, let's just do away with them.
Commissioner Plummer: So, it's reappointment. All right, Mr. Teele.
Commissioner Teele: I agree with the previous Commissioners. I am going to appoint Candance
Trustee. But, again, I think it's important that they meet, Ms. Weatherholtz, within the next 90
days, if no more than agree they don't need to meet anymore and disband. But, it really would be
helpful if they could meet, please.
Ms. Weatherholtz: Yes, definitely.
Commissioner Plummer: OK, motion made by Gort, seconded by Sanchez, the names proffered
be accepted. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Opposition? Show unanimous.
112 July 13, 1999
1
i
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-503
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE
PURSUANT TO THE CITY OF MIAMI DEBT MANAGEMENT POLICY 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 Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
4 6. APPOINT SALLYE JUDE, JOSEFINA SANCHEZ PANDO, PAULINE RAMOS,
MARIE ROSY TOUSSAINT, SONIA YARH-SCHNEIDER, CRYSTAL GRIGGS, LUISA
GARCIA-TOLEDO, VIVIAN CRUZET, JEAN WHIPPLE, ALLYSON WARREN,
MARICELA CARBALLO DE ARIAS, SUSANE TORRIENTE, RACHAEL ISAN,
YVONNE BAYONA, LOURDES BLANCO, ROSA ARMESTO, ANA MARIA
CHARTRANS, NILSA VELASQUEZ, PINKY SANDS, TIFFANI LEE, MARLENE
BASTIEN, AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN.
Commissioner Plummer: The next is the Commission on the Status of Women. My
appointments will be... My appointments will be Sallye Jude, Josefina Sanchez Pando, Pauline
Ramos, Marie Rosy Toussaint and Sonia Yarh-Schneider. Those are mine. Mr. Gort.
Vice Chairman Gort: I have Crystal Griggs. Now, my understanding is, one of the board
members called, and I don't know if it's, which office they called, but they were told that this
Commission on the Status of Women no longer existed. And...
Commissioner Plummer: Dena says "that's not true."
Vice Chairman Gort: ... if you all recall, one of the biggest problems that they didn't have a place
where they could meet, or have an office space. And, I sent a letter to the Manager to let them
know that they can use my office. I donated my office at the MRC (Miami Riverside Center)
113 July 13, 1999
I
building to be used by the Status of Women, so they can have their files and all the
documentation placed there.
Commissioner Plummer: Huh, they can't have my office MRC, because I don't have one. OK.
Vice Chairman Gort: OK. We have Luisa Garcia -Toledo, and Vivia Cruzet.
Commissioner Plummer: Which Toledo?
Vice Chairman Gort: Huh?
Commissioner Plummer: Which Toledo?
Vice Chairman Gort: Garcia -Toledo.
Commissioner Plummer: Garcia?
Vice Chairman Gort: Yeah.
Commissioner Plummer: Not Vicky?
Vice Chairman Gort: No, no.
Commissioner Plummer: OK.
Vice Chairman Gort: Luisa.
Commissioner Regalado: I am next?
Commissioner Plummer: Mr. Regalado. Status of Women.
Commissioner Regalado: Sussanne Torriente, Rachael Isan, Jean Whipple, Maricela Carballo,
and Allyson Warren.
Commissioner Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I would like to reappoint all five of my appointees.
Commissioner Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, Pinky Sands, Tiffani Lee and Marlene Bastien.
Commissioner Plummer: Motion by Regalado, seconded by Sanchez that all names proffered be
accepted. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Opposition? Show unanimous.
114 July 13, 1999
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-504
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE
STATUS OF WOMEN 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 Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
Note for the Record: At this point, appointments for Heath Facilities Authority Board were
deferred by Vice Chairman Gort.
Commissioner Plummer: Health Facilities Authority. Mr. Gort.
Vice Chairman Gort: I'll pass.
Commissioner Plummer: Well, you have an appointee, you know that?
Vice Chairman Gort: Yes.
Commissioner Plummer: OK. He passes.
Note for the Record: At this point, Property and Asset Review Committee appointments
was deferred by Commissioner Regalado.
Commissioner Plummer: Next item. Property and Asset Review Committee. Mr. Regalado.
Commissioner Regalado: I will defer that, Mr. Chairman.
Commissioner Plummer: The matter is deferred until the next meeting.
115 July 13, 1999
4 7 . APPOINT PAUL SINGERMAN AS MEMBER OF THE BAYFRONT PARK
MANAGEMENT TRUST.
Commissioner Plummer: Bayfront Park Management Trust, Mr. Sanchez.
Vice Chairman Gort: I suggest you nominate some very good people there. They need a lot of
help on that board.
Commissioner Sanchez: I am going try my best. You let me know, Mr. Chairman, if you are
satisfied with the individual. Paul Singerman.
Commissioner Plummer: Yes, sir. Excellent. Mr. Teele.
Note for the Record: At this point, Commissioner Teele deferred his appointment to the
board.
Commissioner Teele: I would like to meet with the Executive Director before I make the
appointment.
Commissioner Plummer: That matter is deferred. The name of Mr. Singerman be re -appointed.
It has been made by Mr. Regalado, seconded by Mr. Gort or Mr. Kuper, I don't know which one,
but...
Vice Chairman Gort: By Kuper.
Commissioner Plummer: By Kuper. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-505
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN.
116 July 13, 1999.
s
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Chairman Gott, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
4 8. APPOINT BERNICE SAWYER AS MEMBER OF VIRGINIA KEY PARK CIVIL
RIGHTS TASK FORCE.
Commissioner Teele: Mr. Chairman. Mister...
Commissioner Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, the Key Biscayne Advisory Committee met yesterday, but
the Commission members...
Commissioner Plummer: Which Advisory? I am sorry, I didn't...
Commissioner Teele: Key Biscayne. Each of us have an appointment, and...
Commissioner Plummer: Yeah.
Commissioner Teele: ... they are asking... That can be done by memo to the Clerk, but they are
asking that you make those appointments. And...
Mr. Donald H. Warshaw (City Manager): The Commission... [inaudible]
Commissioner Teele: And, yeah...
Commissioner Plummer: Not Key Biscayne, you are talking about Virginia Key.
Commissioner Teele: I am sorry, Virginia Key, yeah.
Commissioner Plummer: Yeah, because I serve as your liaison to Key Biscayne.
Commissioner Teele: And, I would like to appoint Ms. Bernice Sawyer.
117
July 13, 1999
Commissioner Plummer: All right, name offered by Commissioner Teele be accepted. Motion
by Regalado, seconded by Sanchez. Anyone... All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Opposition?
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-506
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A. MEMBER OF THE VIRGINIA KEY PARK CIVIL
RIGHTS TASK FORCE 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 Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
4 9. DESIGNATE COMMISSIONER TOMAS REGALADO AS LIAISON TO
COMMITTEE REGARDING CUBAN RAFTERS.
Commissioner Plummer: Mr. Mayor has nothing. We go now, Mr. Gort, you have an item on
the blue sheet, Mister...
Commissioner Regalado: Mr. Chairman, before you go into the district. The Justice Department
is trying to create sort of a committee to deal with the situation of the Cuban rafters. They want a
representative of the City of Miami, and I told them that I would ask the Commission to appoint
me to serve on that board.
Commissioner Plummer: Motion made to appoint Mr. Regalado as the City's Commission's
delegate and liaison, seconded by Mr. Gort. All in favor say "aye.
The Commission (Collectively): Aye.
Commissioner Plummer: All right, you've got it buddy.
118 July 13, 1999
Commissioner Regalado: OK.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-507
A MOTION DESIGNATING COMMISSIONER TOMAS REGALADO AS
THE CITY'S LIAISON TO THE COMMITTEE REGARDING CUBAN
RAFTERS.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
5 0. AUTHORIZE OPERATION OF FLEA MARKET BY C.C.A.L. CORPORATION AS
TEMPORARY SPECIAL EVENTS AT 1480 NORTHWEST NORTH RIVER DRIVE
(MAH1 SHRINE PROPERTY): PROHIBITING THE SALE OR PREPARATION OF ANY
FISH PRODUCT.
Commissioner Plummer: All right, we are now, Mr. Gort. A resolution temporary special
events. I thought we did this before.
Vice Chairman Gort: We have to on a monthly basis.
Commissioner Plummer: Oh, all right. We have a resolution...
Mr. Donald H. Warshaw (City Manager): It's every...
Commissioner Plummer: ... for eight consecutive weeks, that's what I thought. A flea market on
the Shrine property. Moved by Gort, seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: All opposed? Show it unanimous.
119 July 13, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO.99-508
A RESOLUTION, WITH CONDITIONS, RELATING TO TEMPORARY
SPECIAL EVENTS, AUTHORIZING FOR A PERIOD OF TIME NOT TO
EXCEED EIGHT (8) 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.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None
ABSENT: None.
51. BRIEF COMMENTS REGARDING LOT CLEARING - IN HOUSE.
Commissioner Plummer: I have two items, Mr. Mayor, Mister... In my lot clearing program, I
am asking the Manager to go out and purchase five of the hedge hogs which we are told can be
done by Community Development.
Vice Chairman Gort: Mr. Chairman.
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: I apologize, I forgot during the NET presentation...
Commissioner Plummer: Yes.
Vice Chairman Gort: ... lot clearing is not working in my area.
120 July 13, 1999
Commissioner Plummer: Sir, that's why I am saying this is what we are doing. We have got a
problem with the vendors, and we are going to start doing it in-house with the money that we
have, all right.
52 . COMMENTS REGARDING BOOT CARS OF SCOFFLAWS [See section #34]
Commissioner Plummer: Mr. City Attorney. Where is the dirty devil?
Vice Chairman Gott: ... somebody have to... OK?
Commissioner Plummer: Wait a minute, hold on. Mr. City Attorney, can you speak to the Boot
issue?
Ms. Maria Chiaro (Asst. City Attorney): Yes, yes.
Commissioner Plummer: All right. I demanded that that Boot issue be here, and it's not here. I
am upset.
Ms. Chiaro: The ordinance, in order to incorporate the language into our code of ordinances,
required a revamp of a section of our code. It was not prepared for this Commission. We could
not get the language correct. It's now slated to be presented to you on July 27th.
Commissioner Plummer: All right, let me make sure that we don't lose our City option in -
surmounted by the County taking over and allowing us not to impose this ordinance.
Ms. Chiaro: We looked at all the dates applicable, and we have until, we can have it by second
reading before October 1.
Commissioner Plummer: All right, and the fee...
Ms. Chiaro: It doesn't need to be effected before October 1. We need to enact it before October
1.
Commissioner Plummer: All right, so we'll do it as am emergency?
Ms. Chiaro: We don't need to do it as an emergency, if we...
Commissioner Plummer: Let's do it as am emergency.
Ms. Chiaro: We will put it on the July 27th agenda as an emergency.
Commissioner Plummer: All right, and this Commission agreed upon a twenty-five dollar ($25)
maximum fee.
Ms. Chiaro: Yes, sir.
Commissioner Plummer: All right, so we will look for it on the 27th, and I'll get the...
121 July 13, 1999
5 3 . A) REQUEST ONE STING OPERATION (DRUGS, PROSTITUTION) BY POLICE
DEPARTMENT PER WEEK PER NET DISTRICT - INCORPORATE INTO BUDGET; )b
RESEARCH WHAT HAPPENS IN THE COURTS TO CASES OF ARRESTS MADE IN
THE CITY OF MIAMI; C) EDUCATION NEEDED CONCERNING VICTIMS OF CRIME
HAVING TO PRESS CHARGES AND TESTIFY IN COURT AGAINST CRIMINALS; D)
ENFORCE LAWS REGARDING BARS WHICH SELL ALCOHOL WITHOUT PROPER
PERMITS - ILLEGAL GAMBLING AND PROSTITUTION; E) ALTERNATIVE TO
PARKING FEES AT JIMBO'S (FISH MARKET) IN VIRGINIA KEY, [See section #34].
Commissioner Plummer: Mr. Manager, you supposed to provide this Commission with 13 weeks
of sting. Two hundred and eighty-two thousand dollars ($282,000) of overtime. I don't know
about my colleagues, I have seen no reports. I don't know when the stings are being done, but
there is supposed to be a sting a week, per NET (Neighborhood Enhancement Team) office or
13-week.
Police Major Longueira: We have started the program, sir. We'll get you a report. It has started.
We will get you a report.
Commissioner Regalado: Where? Can you tell us where did this?
Commissioner Plummer: Yeah, I don't know, where are they, and what results are they?
Vice Chairman Gort: It's a sting, they can't tell you.
Commissioner Plummer: No, you can tell me the districts, because I don't remember any of
them in my district.
Vice Chairman Gort: About three, go to work.
Mr. Donald H. Warshaw (City Manager): We'll get to you, Commissioner.
Commissioner Plummer: Huh?
Mr. Warshaw: We'll get to the information of where it's been so far.
Commissioner Plummer: All right. Well, Mr. Manager, no, no, let me tell you what's very
important in my opinion, and I say this with all honesty. Your numbers which you gave me said
that the overtime for round numbers is three hundred thousand dollars ($300,000).
Mr. Warshaw: Correct.
Commissioner Plummer: All right. You also told me that you anticipate that that amount of
money would bring back in for round numbers a million dollars ($1,000,000).
Mr. Warshaw: Correct.
122 July 13, 1999
Commissioner Plummer: Now, that's seven hundred thousand dollars ($700,000) profit, and my
people up in the Northeast are wanting to know why is this a temporary situation. If that's
bringing in that kind of revenue to the City, is producing those kinds of results that we think that
they will be producing by the numbers that you gave us. My people up there are saying "hey,
take that money and put it back in and do more, and more and have it continued throughout the
year" Thirteen stings a week, I understand is a lot of stings, but if it's brining in that kind of
revenue, Chief, speak to the issue if you would, please.
Police Chief O'Brien: We anticipate that it's going to do that. This, initial two hundred and
eighty-eight thousand dollars ($288,000) is to do the three-month test program to the end of this
fiscal year. If it is as successful fiscally as we anticipated, we look to continue this through the
next year.
Commissioner Plummer: But, the point is, we are coming up on budget. I would like to see that
it is incorporated in the budget, so that we have the adequate resources to start the program, to get
it going the way we would like to see it. And, hey, I understand, 13 stings a week is a lot, but I
think that we are capable of doing it.
Police Chief O'Brien: We are. And, we began this, the first week was last week, and the first
report will be forthcoming this week.
Commissioner Plummer: Well, just for one, and I can't speak for the others. The morning of the
sting, I would like to know, if nothing more, so I stay out of the area.
Police Chief O'Brien: You got it, Mr. Commissioner.
Vice Chairman Gort: J.L., J.L.
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: Can I introduce my first born, don't walk away.
Commissioner Plummer: Come here, come here. Come here, look at this pretty girl. Obviously,
is that your father?
Ms. Tammy Gort: Yes.
Commissioner Plummer: Oh. How? Huh? Good looking girl, it must be the mother, it sure is
not the father.
Vice Chairman Gort: Looks like their mother, that's for sure.
Commissioner Plummer: Yeah.
Mr. Warshaw: Commissioner.
Commissioner Plummer: Mister...
123 July 13, 1999
Mr. Warshaw: By the time September's budget hearing comes, we will have on this piece of the
VIP operation a separate number that shows how much we spent in overtime, how much we
brought in. We will make an evaluation as to how far we want to go next year, in terms of
continuing, whether this thing will be every other week or...
Commissioner Plummer: Chief, I think it would be... I think it would be excellent for each
Commissioner to have the opportunity to go on a sting. And, I think for you to invite them would
be very, very good so they understand what's going on. I know, you don't have to invite me, I'll
be there before you are.
Police Chief O'Brien: That's probably the case, sir.
Commissioner Plummer: OK.
Vice Chairman Gort: I have two questions, Mr. Chairman.
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: Following Robert's Rule, and I got to ask the attorney, because I am not
too familiar with this. But, I have learned from the army the chain of command, and so on. If
you are the Chairperson, you should be the last in everything that should be done, and the board
members should go first, is that correct?
Commissioner Plummer: No.
Commissioner Sanchez: It's good protocol.
Commissioner Plummer: No. Hey, hey, you are out of order. Can the Chairman rule them out
of order?
Commissioner Sanchez: You been out of order since the first day you got here, J.L.
Commissioner Plummer: Out of order. All right.
Vice Chairman Gort: My second question. Let's make sure that we put emphasis, that we are
doing this to do away with crime, not because of revenue producing...
Commissioner Plummer: Absolutely.
Vice Chairman Gort: The sting operations, really we are doing it, and I am very happy with
what's being done in our district, but that's to reduce crime. And, if we can utilize those funds to
go ahead and increase the police work, beautiful. Thank you.
Commissioner Sanchez: J.L.
Commissioner Plummer: Mr. Sanchez.
Commissioner Sanchez: I have had the opportunity to go on stings in the East Little Havana,
including the bar stings and the "Safe Street" stings or details that they hold, and I am very
124 July 13, 1999
impressed, and very happy to see that you are out there. I know that I get the reports from my
NET Administrators and also from yourself, Chief. And, let me say, I want to commend you, Mr.
Chief, and the police officers that work in those stings, because the numbers are coming in, and
they are showing that we are doing everything possible to maintain our streets safe from crime.
So, I personally, my district would like to commend the Police Department and the fine officers
doing an excellent job out there. Thank you, so much.
Police Chief O'Brien: Thank you, Commissioner.
Commissioner Plummer: Mr. Regalado.
Commissioner Regalado: Are these, Chief, are these operations including the closing of
cafeteria, or this is independent from?
Police Chief O'Brien: That's an independent initiative that we have begun. This is targeting
prostitution and drugs.
Commissioner Regalado: So, the closing of cafeteria has to do with the licensing and other?
Police Chief O'Brien: Exactly.
Mr. Warshaw: Well, it's just not licensing. There is some very substantial crime issues in there
as well. So, it is a multi -faceted task force that includes everything from the Health Department,
the Fire Marshall, Code Enforcement, Zoning, Police, you name it. And, that's the only way you
are going to go in and be able to deal with some of the issues we have there. In reality, you
know, these places are hot beds for crime, they have got serious violations, they serve the same
plate of rice to 75 people.
Commissioner Plummer: Mr. Manager, you are so right.
Commissioner Regalado: Are we going to be advised of any special operations, so we can
accompany, when this is done.
Commissioner Plummer: Yeah, they will pick you up, and take you in the back of the paddy
wagon.
Commissioner Regalado: All right.
Police Chief O'Brien: We'll do that, sir.
Commissioner Plummer: You know, Mr. Manager, in my district, I have five NET offices. So,
that means, I have five stings a week. And, you know, I keep telling the Chief, one block over
from me, you could have five stings a day, and not catch all of the people that are... It's
incredible. You go on 1st Avenue from 12th Street to 16th Street, you can just load up a paddy
wagon every time you turn around. And, I am telling you, it's incredible. They walk across
those railroad tracks, they go in there, they go back across the railroad tracks, and it's just abso...
I mean, it's incredible, you just couldn't... But, something has got to be done, because those
people down there laugh at you now. They think it's a joke when a police car drives down a
125 July 13, 1999
street. It isn't a joke to them, when some of them go to jail, but you know, the problem is, and I
think it was, who hit on the head, the problem that we are having is in the courts.
Vice Chairman Gort: They want it...
Commissioner Plummer: Abso... You know, I keep saying, that the case where we had one kid
that was arrested at 10:30 in the morning, and 3:30 that afternoon, we arrested him again for the
same charge of selling narcotics. Two times arrested, one person in the same day. Chief, I had
asked you previously, or I asked the Manager, I am not sure who, that we need to take three test
cases a month, and we need to follow those test cases through to see exactly what's happening in
the courts. You know, because when we go and we devote manpower over a perimeter, OK.
You know, that thing cost us in the neighborhood of thousands of dollars, and these kids go there
and they get off for time served. Nobody even gives any thought to it. I am asking you, please, to
go back and do those three cases a month, at random, and let's follow them through, and let's see
what the results are in the court system of what happens. I think we are going to go a long way
with this new implementation by the Governor, God I hope so. What is it, the ten, twenty and
twenty-five?
Commissioner Sanchez: Ten...
Police Chief O'Brien: Ten, twenty, life.
Commissioner Sanchez: Yeah, twenty, life.
Commissioner Plummer: Ten, twenty, life, OK. Let me tell you something, I think we need to
follow those case up, without question. Ten years with a gun in the commission of a felony, is
ten years. And, as I understand it, that's it, you fire the gun, it's twenty years, and if you hit
somebody it's life. And, those are the ones I really want to follow-up and make sure that the
courts are imposing that fine, that penalty. OK, that's all that I have.
Vice Chairman Gort: J. L. Mr. Chairman.
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: I would like to add, we need to educate our community on our legislature.
We are at the front line, we, the Commission. We get all the blames, we get all that. But, we
need to bring our legislature, and we have a good individual representing us in Tallahassee where
some changes need to be made. But, at the same time, we need to educate our community. The
other day, there was a shooting, not far from my home.
Commissioner Plummer: Today.
Vice Chairman Gort: There was a dispute between a boyfriend and girlfriend. The guy comes
out and takes three shots, hits the car three times. The police gets there and they pick him up
right away. They were very lucky there was a police officer around that picked him up right
away. The lady would not press charges. So, my understanding is, this guy, although he had a
gun, he took three shots, will walk in 21 days. And, this is something we need... And, I know
it's a pain, because the other day I went through the process with my daughter and my mother-in-
law. I took them to State Attorney's Office, I went with them, we spent about an hour, but we
126 July 13, 1999
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had to be there, and I told them they have to go, and they have to press charges. And, I think it's
very important that the people understand this. If they don't go to court, and they don't press
charges, they'll walk.
Commissioner Plummer: The problem is, on the ninth deferment, your mother-in-law will get
tired of going down to the courts.
Vice Chairman Gort: Well, I'll make sure she will go to the tenth, that's for sure.
Commissioner Sanchez: Mister, Mr. Chairman.
Commissioner Plummer: OK, Mister... I have one other item. Is it the same item.
Commissioner Sanchez: Yes, sir.
Vice Chairman Gort: You should be the last.
Commissioner Plummer: Sir, it's number two, is the district.
Commissioner Sanchez: OK, well, I would like to elaborate a little bit on that, on the bar details.
Let me just say something. It is making a great difference. It's a quality of life issue. These bars
at night turn into illegal gambling houses, illegal prostitution houses. I was there, I saw it. Chief
O'Brien, I encourage you and the Police Department to continue in my district to hit these bars
hard, close them down if you have to, because it is making a difference, and I saw it with my own
very eyes when I went, we will hit like five or six bars. And, let me tell you, their license are
required for wine and beer, and they could serve beer as long as it is accompanied by a meal. In
many situations in these bars, all they served was alcohol and no food. And, you know what? I
get complaints from some of these bars calling and saying "it was unconstitutional. They had no
business coming in here and harassing my customers, and treating me like this." And, you know
what I tell them, if you are doing everything legal, you have nothing to worry about. If you are
doing something illegal, then you need to stop, get in order and do the right thing. So, I
commend you. Continue to hit them hard and clean-up my district, because my district, my
district needs to be cleaned -up. Thank you.
Police Chief O'Brien: Let me just say, thank you. But, it's not just the Police Department. It's
all the other elements and... that are working to make this happen.
Commissioner Plummer: Do we enlist, do we enlist the aid of ABC?
Police Chief O'Brien: We have had ABC contacted, and you know, we have had Health
Department...
Commissioner Plummer: Well, I think that they ought to be down hereon a periodic basis just to
do what he's talking about.
Police Chief O'Brien: Yes. They are, sir.
127 July 13, 1999
Commissioner Plummer: Yeah. Mister... OK, thank you. I have... Mr. Manager, my final item
is Jimbo's. I went there yesterday, and I want to tell you, it was a 50th anniversary of Jimbo's,
and there was some absolutely hot headed people who were very upset, and I...
Vice Chairman Gort: How come we didn't get invited? [phonetic]
Commissioner Plummer: Well, I was. It's in my district.
Vice Chairman Gort: I wasn't invited...
Commissioner Plummer: It's not in... It's in my district. Mr. Manager, if it takes an amendment
to the Code or the ordinance, I think that we have done it before. Jimbo's is a tradition. And by
the way, Mr. City Attorney...
Mr. Alex Vilarello (City Attorney): Yes, sir.
Commissioner Plummer: ... We found Indian bones buried... We found Indian bones that were
buried right along the dockside...
Commissioner Sanchez: Of Jimbo's?
Commissioner Plummer: ... of Jimbo's.
Vice Chairman Gort: Chicken bones.
Commissioner Plummer: No, they are not chicken bones, they were, they were Indian bones, and
we want you to know, that this is now going to be a historic site, and I will make a motion at this
time, Mr. Manager, to ask the Administration, whatever it is necessary to change the rule that
exists, that in fact, that we can address it at the next City Commission meeting, and that you
temporarily, you temporarily hold the gate until this Commission has the right to act on it.
Commissioner Sanchez: Mr. Chairman.
Mr. Warshaw: Commissioner.
Commissioner Plummer: Yes.
Commissioner Sanchez: Can I make a recommendation?
Commissioner Plummer: Sure.
Commissioner Sanchez: I visited Jimbo's also, they do allow me to go there every now and then.
Commissioner Plummer: In my district?
Commissioner Sanchez: Yes, sir. You come into mine, I can go into yours.
Commissioner Plummer: Did you get a Visa?
128 July 13, 1999
Commissioner Sanchez: No,1 took my Green Card with me.
Vice Chairman Gort: They don't let me go in.
Commissioner Sanchez: But, wait a minute. There is a simple solution. The toll gate, if you
move it back... When you go in, if you make a right, that's when you go into the beach, the wind
surfer beach.
Commissioner Plummer: No, no. Sorry, that's not... We tried that, it doesn't work, because the
problem...
Commissioner Sanchez: It's simple.
Commissioner Plummer: No, excuse me. The parking lots are before the right hand turn, and
many of the people who go to the beaches park in the parking lots and they go in without going
into the beach area.
Commissioner Sanchez: All right, but, hey...
Commissioner Plummer: Look, it's simple. All I am saying is, is the very thing that, you know, I
am sure there is going to be a lot of trust involved in it. Are you going to the beach? You got a
bathing suit on, you are not going to Jimbo's.
Mr. Warshaw: Commissioner, as it relates to the Code. The Section 3810 of the Code which
deals with the City Manager...
Commissioner Plummer: I read your memo.
Mr. Warshaw: No, but, let me just, for the record say, the portion that deals with the City
Manager says that "the Manager can, prior to April 1st, but no later than May 1st make changes
in the park fees." And, because it's after that, the only way to do this would be, for the
Commission to make a change in the Code. I don't have the authority at this point to do it. I
have heard all the stories as to ]row it's been in the past, and...
Commissioner Plummer: Mr. City Attorney, can you have it back here in the next 30 minutes?
Mr. Warshaw:... it's...
Mr. Vilarello: Well, Commissioner, my concern is, that the, the fee that it establishes for the use
of Virginia Key Park, it's not a separate fee for the beach, or separate fee for any other amenities.
I am not sure how...
Commissioner Plummer: You are not listening.
Mr. Vilarello: Well, you can reduce or eliminate the fee in it's entirety.
Commissioner Plummer: No, I think it should be for the beach to pay for the lifeguards. That is
appropriate. Mr Ruder, what's the wisdom that I am looking for?
129 July 13, 1999
t.
Commissioner Regalado: Well...
Mr. Warshaw: Change the Code.
Commissioner Plummer: All right.
Mr. Vilarello: Well, Commissioner, in that... I have some concerns with regard to charging
some people who access Virginia Park, and not charging others. I would like to do some
research before I bring you back an ordinance, and I can do that at the next meeting, amending...
If I can justify the difference between charging one group of users of the park and another
different fees.
Commissioner Plummer: All right. So, in other words, the fee has got to stay there until the next
Commission meeting?
Mr. Vilarello: The only way the fee can be removed is if you pass an emergency ordinance
today, removing the fee.
Chairman Plummer: I don't think we should do that.
Commissioner Teele: Mr. Chairman.
Commissioner Plummer: Mr. Teele.
Commissioner Teele: I recognize this is your district, and my view is that we really should give
some deference. But, I have to tell you this. The Parks Department, you know, is the most
under -funded budget in the entire City of Miami without. In my judgment, in terms of where the
rubber meets the road and that is, the City of Miami interacting with taxpayers and citizens of this
community, we have grossly under -funded the Parks budget, ever since I have been here. I have
talked about how the other uniformed budgets are eating up these, the Parks budget. I mean, we,
and, we continue to go down this road. Now, the danger in what we are talking about doing. I
know that the revenue impact of this is probably going to be less than five thousand dollars
($5,000).
Commissioner Plummer: Absolutely.
Commissioner Teele: But, I think we begin to send signals if we start to take away park money.
And, I really believe that one of the things that we should be trying to do is figure out how to
enhance the Parks budget, not take away one dollar ($1). In that spirit, I mean, it would seem to
me that, that the fish market, if that's who you are trying to protect or whatever, could be able to
provide, you know, some type of rebate or reimbursement to people that use it.
Commissioner Plummer: That's fine.
Commissioner Teele: And, maybe, we can look at that. I know that that's an arrangement they
had over there on South Beach, at South Point. When you went in there you got a ticket, and...
Commissioner Plummer: About one hundred dollars ($100) a month.
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July 13, 1999
Commissioner Teele:... maybe through the City's Finance Department or something, we can
figure out how to reimburse and all of that. But, I really think, to start playing around with fees
that's going to have an impact. Because, I can tell you this, once the word gets out that you can
go through here, and all you got to say is "you are going to get fish" everybody... There will be
more people going to get fish, and, so...
Commissioner Plummer: All right, Mr. Manager, I will talk to Jimbo's about donating one
hundred dollars ($100) a month to compensate for those few people that go there for... And,
understand, I saw Dena jump up out of her skin. This is not any contract for him to stay there
infinitum, but as long as lie is there and the City has not removed him, that he will pay like one
hundred dollars ($100) a month, and take it from there. Do you want that in the form of a
motion, Mr. City Attorney, or you don't need it?
Mr. Vilarello: I don't need a motion.
Commissioner Plummer: OK, you'll bring it back on the 27th as an emergency.
Mr. Vilarello: Yes, sir.
5 4. DISCUSSION: WORKERS COMPENSATION - ALLEGED ABUSES.
Commissioner Plummer: All right, Mr. Sanchez, Workmens' Compensation.
Commissioner Sanchez: Yes, Mr. Chairman, discussion concerning the issue of Workers'
Compensation. As you are aware, that is the... an item that I have brought forward in every
Commission meeting because of the alarming number of claims that were first identified when I
first studied the issue. We, there was a time, if I could just find my paperwork, if I could just be
given a minute here.
Commissioner Plummer: You want me to go to somebody else and come back to you?
Commissioner Sanchez: Yeah, if you could do that, please,
Commissioner Plummer: Regalado.
Commissioner Regalado: Yes, sir.
Commissioner Plummer: Development of a multi -family building on the...
Commissioner Sanchez: No, I am sorry, I found it. I am sorry, yeah, just in my stack of papers
here.
Commissioner Plummer: You found it? All right, Mr. Sanchez,
Commissioner Sanchez: Now, enclosed, Mr. Chairman, and I hope that the City Administration
and my colleagues would please pay close attention to this. As you are aware, we started off with
2,794 open claims in Workmens' Comp. We have been able to address the issue and bring
enforcement to the issue which we have been able to reduce 474 open claims. At which time,
131 July 13, 1999
through the whole process, we have been able now to close 821, 818 claims while in the process
acquiring 477 new claims. Although we are closing cases, we are very concerned because more
cases are starting to come back up. One thing that I would like to elaborate a little bit on is, that
we need to take into consideration several things that could be implemented to probably reduce
the number of claims to where we are at a "normal." Now, let's define "normal." Comparing
ourselves to other cities, and I did the last time, I don't have the paperwork here with me, our
percentage -wise, opened claims of Workers' Compensation is extremely high. Now what can we
do to close these cases? I think that we have made some progress, but I am not satisfied with the
progress that we have made. I think that at this time, we should have been just about breaking,
breaking the 2,000 mark, the 2,000 cases.
Mr. Mario Soldevilla (Risk Management Administrator): Well, we have. Currently, we...
Commissioner Sanchez: OK, well, not according to this. We are at 2,320 cases now.
Mr. Soldevilla: Twenty-three hundred. Twenty-three hundred cases.
Commissioner Sanchez: Twenty-three hundred cases.
Mr. Soldevilla: Uh-huh.
Commissioner Sanchez: I mean, I know that we don't have the resources, and we are addressing
the problem because I saw a memo that's basically putting it out, and we have put 30 invitations
for an RFQ (Request For Qualifications) to look into this.
Mr. Soldevilla: That's correct.
Commissioner Sanchez: Now, I think, I think, and I have had a discussion with the president of
the FOP (Fraternal Order of Police), Tony Rodriguez, and the Fire Fighters Tom Gabriel, which I
think that, to alleviate this problem that keeps coming up. If somehow we could provide or put
together a health program, some type of program, to get people in better physical condition, and
through the process, therefore reducing injuries at work. Now, we could look at that as being a
form of reducing this, but still, I think that we should go out more vigorously and lower some of
the cases. You know, that we spend close to nine point three million dollars ($9,300,000) every
year. I don't know exactly how much we are spending now, but I am going to bring it back, and I
will continue to bring this out in every Commission meeting, and I know every time in a
Commission meeting you are in front of me explaining what you are doing. And, I want to
commend you, because I think you have done a good job. I know that you don't have the
resources, you are under -staffed, but this is an issue that for many, many years, the issue was
never addressed. Why? Because, nobody wanted to touch the issue, and I think it's a very
sensitive issue, because in the long run, it's costing the taxpayers in this City a lot of money. So,
therefore, ask the City Manager and yourself and all those who could provide assistance to
reduce these numbers. We need to get these numbers lower, and be more competitive with other
cities throughout the State of Florida.
Mr. Soldevilla: Absolutely. And, we do have... We have the RFP (Request for Proposal) out,
and we also have, recently hired two new adjusters which will help us considerably in addressing
these claims and looking at them more closely. So, we are moving forward in a positive way.
132 July 13, 1999
Commissioner Sanchez: Now, let me just, and I'll go through the numbers why I studied them,
and I don't want to pick on any specific department. But, as we look here at open claims, and I
do see a pattern, and I want... Maybe you... Have you seen the pattern that we have multiple
cases of people having two, three open claims?
Mr. Soldevilla: There are some employees who definitely have multiple cases, yes.
Commissioner Sanchez: OK, and what have we done to basically go out and targetthese people?
Because, I don't want to penalize the people that really get hurt on the job, and they should
receive all the assistance, and the insurance and every afforded assistance that the City can
provide. What I want to go after, is the people that are milking the system, stealing from the
system, from the City of Miami, and I know that there are some out there. And, what are we
doing to get those people, bring them, maybe use them as an example, prosecute them, make
them pay the City back the money that they are stealing. And, that's what I think that we need to
do, and I think that the City has not acted in such an aggressive action to go and get these people,
that are really the bad apples.
Mr. Soldevilla: And, we will do that. We have, actually now we have more adjusters now where
we can address those cases by doing more thorough investigations.
Commissioner Sanchez: I know of two cases.
Commissioner Teele: Be careful.
Mr. Soldevilla: OK.
Commissioner Sanchez: Two cases.
Commissioner Plummer: Don't mention, don't mention them.
Commissioner Sanchez: I am not going to mention them. I know of two cases...
Mr. Alex Vilarello (City Attorney): Commissioner.
Commissioner Sanchez: ... that are individuals that are stealing from the City of Miami. I am not
going to mention any names, you know them, too. Why aren't these people being prosecuted?
Because, once we do this, you are going to start seeing people that are going to quit doing what
they are doing.
Commissioner Plummer: He's not mentioning names.
Mr. Vilarello: Do we have that information?
Commissioner Sanchez: Of course, you have that information.
Mr. Vilarello: OK. But, how... In any event, Commissioner, I do want to caution us all. The
state statute requires us to provide certain guarantees and benefits with regard to Workers'
Compensation and the target should be, the target at the bad apples. Multiple claims does not
necessarily mean a bad apple.
133 July 13, 1999
Commissioner Sanchez: Alex, it's fraud. It's fraud...
Commissioner Plummer: Fraud, fraud.
Commissioner Sanchez: They are collecting money from the City of Miami, and holding other
employment.
Mr. Vilarello: Well, I caution... I caution you from jumping to the conclusion that someone who
submits multiple claims is a bad apple. We have to investigate each case on a case by case basis.
I hear your message, Commissioner, and I understand exactly what it is you are communicating.
And, I think, Mr. Soldevilla does as well. And, you are directing us to take an aggressive
approach to make sure that we merit out fraud. But, I caution that we have to also comply with
individual rights of people under State Statutes.
Commissioner Sanchez: Mr. Attorney, there isn't a reason why this City has 2,000... Two
thousand, whatever it was, 2,220 open claims right now. There isn't a single reason why this
City should have that, OK? With a workforce of maybe 3,100 people. Is there a problem? Yes,
there is a big problem. What is this City doing, doing about it? Because, in the long run, each
year, we are throwing away nine point something millions of dollars out, and what are we doing?
Nobody wants to touch it. So, when we go after these people that are abusing the system, and we
bring them in front of the courts, and we prosecute them, you are going to see a lot of these
people that have claims, that maybe are questionable claims, will be settling these claims. But,
you know what? We can't continue to not pay attention to this problem.
Mr. Donald H. Warshaw (City Manager): Commissioner, the reason that the number seems like
it's not going down fast enough is that as we are closing out old claims, which we are doing...
Vice Chairman Gort: Yeah.
Mr. Warshaw: ... we are also opening up new claims. You know, they are legitimate new claims
that are opening up, so it's going to be a slow process to get some of these claims that have been
on the books for 15, God know how many years, but... I know it doesn't seem like it's moving
fast enough. The two new people we hired are making a big difference. We are going to keep
hiring more people. We are going out for this additional contract, and I think you will see some...
results.
Commissioner Plummer: Mr. Manager, I think that what we heard before is very indicative of
what Mr. Sanchez is saying. That, traditionally, across the United States, of a governmental
agency, about six or seven percent of the workforce, filed claims on Workmens' Comp. Yet, the
City of Miami, as we were told, the last time we heard is running like 33 percent or five times
higher. Now, either we have the worst safety record in the world, or we have got some problems
with people, as Mr. Sanchez has said, that ain't doing what they are supposed to be doing. And, I
think that really hits the nail on the head.
Commissioner Teele: Mr. Chairman.
Commissioner Plummer: Mr. Teele.
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July 13, 1999
Commissioner Teele: I, 1... Sitting on the City of Miami Commission has been in many ways
been enlightening, and in some was been very discouraging. But, one of the things, and I say this
sincerely, that I have seen has been really the work of Commissioner Sanchez in this single area,
which is not a secret. I mean, it was something identified under Stierheim, it was identified
earlier on, and yet, no one has really sort of championed it. And, I think, the public needs to
understand that this is not a popular issue because there is sort of a brotherhood here. That is, we
all are City of Miami employees, brotherhood, sisterhood, and no one likes to point fingers. And,
certainly, I am not suggesting that Commissioner Sanchez likes to point fingers. But, what he is
talking about is something that we all know, it needs to stop, it must stop, and I commend you,
Commissioner Sanchez for doing what is very, very common in the legislative, in the legislative
arena where one colleague will take the lead, and that's why it's so important if somebody is
voting "no" you have an obligation to explain why you are voting "no" on some things, I mean,
not legally. But, we all benefit from each others strengths. And, I think what you have done in
this is singularly one of the more important areas of legislation that I have seen, and I publicly
commend you. And, I commend you, primarily because, number one, and this is not a left
handed compliment. When you started out, you did not have all your facts. You knew there was
a problem, you came out. Your first statement was, the Solid Waste Department is responsible
for all of these, a disproportionate amount of these Workers' Comp. As you have got into this,
you have determined that indeed, the uniformed services are responsible for about 70 percent of
it, and Solid Waste is only responsible for 15 percent. But, the fact of the matter is, I think it
would be very easy for you, as the person who comes from a uniform service to just sort of close
the book, and say well, I'll go look at something else, but you have continued along that line.
And, I just want to say to you that I am really encouraged with the level of legislative correctness
that you are demonstrating, and I want to be on record as supporting Commissioner Sanchez. If
we don't do anything else in this area, I think we have got to get it under control, and in this
regard, Mr. Manager, I would very much appreciate if you would make available in chart and
graph form a comparison of other major cities in the State of Florida's Workers' Comp,
specifically, Ft. Lauderdale and Tampa, and perhaps Duval or Jacksonville Metropolitan.
Commissioner Plummer: You can get it from the Florida League of Cities.
Commissioner Teele: And, that information is readily available from the Florida League of
Cities. Because, I think it will add volumes to the voice that, Mister, Commissioner Sanchez is
making, is that we are way out of line. Now, I have two simple questions. Number one, the
people that you all hired were they are a part of your original budget...
Mr. Soldevilla: Yes.
Commissioner Teele:... for the year we are in now?
Mr. Soldevilla: Yes, sir.
Commissioner Teele: And, number two, how many investigators do we have on this? Because
the one thing that Commissioner Sanchez said that I think the Attorney is concerned about,
something that may appear to be fraud may have an explanation. And, the persons that we are
talking about are entitled to their rights under the Constitution of a Presumption of Innocence.
And, to say that it is fraud, to say that a person is engaged in fraud or two people is very, very
strong language. And, to be honest, there may be an explanation, it may not be apparent, but
there may be an explanation. But, the way the private sector has been able to determine this, is a
135 July 13, 1999
fir
video, and most of these Workers' Comp fraud cases are not about how many adjusters you have
got, I am not impressed with that. The question is, how many people do you have with videos out
there watching these guys in the weight rooms, and watching them unloading their boats, you
know down in the, in you know, Marathon or Palm Beach. I mean, how many, how many firms
do we have under contract working on this now? And, how many videos or other clear evidence
of fraud have you all been able to come up with in the last year?
Mr. Soldevilla: We have around five to seven different investigative companies that we utilize.
It's very difficult to, when you... To obtain video of that type is hard, because it's luck in the
majority of...
Commissioner Teele: But see, that's not my question. How many firms, and how many tapes,
how many files have we been able to cone back and document? How many? You know 2,000
cases, he said he knows some people, you know some people, everybody knows people. I don't
know anybody that's doing it. But, how many videos do we have of guys or women or people
over the last year purportedly violating this? Because to me, that's whether or not you all are
serious about this thing. How many cases?
Mr. Soldevilla: I have looked... We have looked into about 30 to 35.
Commissioner Teele: And, how many videos have we been able to?
Mr. Soldevilla: We have videos of all of them. Usable video where you can say, this is, you
know, it's...
Unidentified Speaker: For everybody?
Mr. Soldevilla: That's... You know that's not something that I can, you know that you can take
to the... to court and say, well...
Commissioner Teele: No, no, the court will decide that. But, administratively, how many videos
do we have of cases over the last year?
Mr. Soldevilla: Over the last year, about 35.
Commissioner Teele: Thank you.
Commissioner Plummer: Mr. Gabriel.
Mr. Tom Gabriel (President, Miami Association of Fire Fighters) 2980 Northwest South River
Drive is where I spend most of my time. The first issue is, we are here, and as speaking for the
firefighters in total support of going after the fraud. That area is just, no doubt about it. We
believe that that has to happen. And, it's not only on the Workers' Comp side, and as City
Administration will tell you, but on the pension side. There are dollars out there... Each
individual that fakes an injury that gets away with it, it costs the system, it costs overtime to fill
their spots, they get away with a disability retirement that they don't deserve, it costs millions of
dollars. So, we are the... And, those are dollars that are no longer left for us actives to hit the
streets in the daytime. But, you mentioned there is no reason maybe to say that we should have
that many claims, and I won't speak for the other unions, but I will speak for my firefighters.
And, that is, you asked the firefighters to do the job with 50 percent less people than other cities
136 July 13, 1999
that go on that amount of runs. And, that information, I think has been supplied to you, and if
not, I will get it to you, that... We have about 600 firefighters. We go on seventy thousand runs a
year. When I came on 18 years ago, we had 675 going on 30,000. That's closer to the average.
You have asked us to do more with less, and that's what happens when you work people in that
method. Now, not all of them are big cases, there is arms, there is knees. There is not a whole
bunch of three, four hundred thousand dollars ($400,000) cases out there from injuries that would
like to get blown -up in the press. But, when you have that type of workload, you are going to
have that type of injury level. So, I just wanted to say that when you look for the League of
Cities information, you can't compare against same size cities, you have to compare against, at
least on the firefighter side, people that do the same amount of workload. Those are the people
that you need to look at. We run more runs per firefighter, and I think the Chief can back this up,
and you probably heard it before, than any other city in the nation because of our status. And, the
other issue is, on a national average, and I can get you this information, firefighters do have a one
to three to four chance of having some type of injury a year. So, most of the time, they are
minor. But, those do then become a claim which then becomes a number that has an open case.
So, that's just some of the reasons why you may see some of those, and I just wanted to bring that
to your attention. But, in closing, we are all for going after the guy who is committing fraud, no
problem. Just remember, that as been mentioned, and as we have talked to the Commissioner and
he agrees.
Commissioner Plummer: Mr. Sanchez, to close.
Commissioner Sanchez: And, I would yield to the City Manager.
Mr. Warshaw: Just for the record, Commissioner. Just so everybody understands that these
2,300 claims. You have employees who come to work everyday who still have a open Workers'
Comp claim. They are not all people who are at home. For example, we are talking about doing
stings and bar checks. Let's talk on the police side for a minute. You have three cops, who let's
say tonight get hurt, scrape their arm or fail or are involved in some kind of a minor scuffle and
get hurt. And then, as a result of that, open up a Workers' Comp claim and then three days later
they are back to work. So, it's important to understand there are a lot of people...
Chairman Plummer: Does that?
Mr. Warshaw: ... who are working on a daily basis.
Chairman Plummer: Does that close the claim?
Mr. Warshaw: No, the case stays open until...
Mr. Soldevilla: The case stays open until we've got, you know the employee has reached
maximum medical improvement and then, we have to maintain it open for...
Chairman Plummer: If he's back at work, he's not attained maximum...
Mr. Soldevilla: Well, if he has been released to fiill duty he has. But then, I cannot just...
Chairman Plummer: Does that close the case?
137 July 13, 1999
Mr. Soldevilla: If it's a medical only claim, yes, we can close it. If that person has lost time, then
they... we can't.
Chairman Plummer: All right, Mr. Sanchez to close.
Commissioner Sanchez: To close. Now, I understand that, and the object should be to open up
the claim and as quickly as that individual is healed or back to work close the case. Because,
when it all adds us with all these cases, at the end of the year, how much are we paying? You tell
me how much are we paying every year on Workers' Comp?
Mr. Soldevilla: We paid last year nine point three million and for the last three years it has been
around that, that much.
Commissioner Sanchez: Exactly. And, for how many years have we been doing that. So, once
we start the budget and we start we have to put a minus under nine point three millions dollars
($9,300,000) to start off. So, what do we do? We need to do and apply our resources and do
everything we can to control, because he's absolutely right. If 1 were to compare, Tom, I mean,
and I want to compare, I would compare it to the same number of employees, the same
workforce, but then again, when you do that you will see that the City of Miami has the highest
average of open claims than any other big city. Do it and you will find out.
Mr. Soldevilla: And, also you have to, we have got to look at how the other cities are counting
their claims. For example, these are all claims whether it be a medical only claim or whether it
be a claim that has lost time. Many cities do not report the medical only claim, which is as you
were saying. You come in, you have a, you know you've got a boo-boo and it's... you take care
of it. It's done, it's closed and it's over.
Commissioner Sanchez: See, but those aren't the claims that I am concerned about.
Mr. Soldevilla: Right.
Commissioner Sanchez: The claims that I am concerned with are the ones that we are paying
total disability that are no longer working for us. We are paying their salary, we're paying their
medical bills, and then they are in Seattle working for somebody else making a salary.
Chairman Plummer: That's another ball of wax, that's two-thirds.
Commissioner Sanchez: Well, two-thirds J.L., but it all adds up.
Chairman Plummer: No, but that's not the same as Workmens' Comp, it's a different fund.
Mr. Warshaw: That's basically a pension, a disability pension.
Chairman Plummer: Two-thirds they get the rest of their life, two-thirds tax free.
Commissioner Sanchez: Well, it's still theft.
Chairman Plummer: You know, I don't know what it is today, but back when I...
138 July 13, 1999
Commissioner Sanchez: I don't know what it is to you, but to me, it's still theft.
Chairman Plummer: Well, I can tell you there is a real catch clause in the two-thirds and that
catch clause is, you can bring them back to work, but you have got to put them back in the same
category as where they were before. You can't put them to be a desk job, you can't do any of
that because that is written in. I can tell you, the last time I checked there were 12 City of Miami
policemen on two-thirds who were working fulitime at the Port of Miami as Customs Inspectors.
They were drawing two-thirds of their salary for life and they were drawing a full Customs
Inspector salary from the Port. So, you know, but I... Believe me, I tried to do it, I tried to bring
them back. Some of the people out there, I know of one man in particular who is a multi-
millionaire who was former fireman, who is drawing two-thirds of three hundred and twelve
dollars ($312) a week for the rest of his life. I can tell you a man that flies around in a little
airplane up there used to be a policeman, he's out on two-thirds and he's drawing for being a
radio broadcaster. It's not that they can't work, it's the two-thirds. But that is separate and a side
issue from Workman's Comp.
Commissioner Sanchez: J. L., it is our responsibility...
Chairman Plummer: I...
Commissioner Sanchez: ... as elected officials, along with the City Administration to identify
things that are wrong in this City, and this is one of many things that we must correct. And the
quicker we do it, the better off we will all be in the City.
Chairman Plummer: I ask only one favor, if I may?
Mr. Soldevilla: Yes, sir.
Chairman Plummer: Would you send me please a list of the doctors and how many cases each
doctor has. Because it is my understanding that some chiropractors have 40, 50, 100, 200 of these
cases for one doctor.
Mr. Soldevilla: All right.
Chairman Plummer: And, I would like to see how many of these doctors are involved and how
many cases these doctors have. If you would provide my office, I am sorry, provide all of us
with that information, I think it would be very, very informative.
Commissioner Sanchez: Mr. Manager, I will not give up on this issue. I am going to bring it up
every Commission meeting. You might as well now put it in my agenda every month that we are
going to discuss this and I will not let go `till we're under 800 cases at least.
5 5. AMEND CODE SECITON 2-612 "ADMINISTRATIONICONFLICTS OF INTEREST,"
TO LIMIT A CITY EMPLOYEE'S APPEARANCE BEFORE ANY CITY OF MIAMI
BOARD, COMMISSION OR AGENCY.
Chairman Plummer: All right, we are now on the next item of yours which is to limit a City
employee's appearance before any City board. Mr. Sanchez.
139 July 13, 1999
z
Commissioner Sanchez: Yes. It's a second reading and what this basically does is, it prevents a
City employee that leaves a department within two years to come back and testify in front of the
Commission or lobby on behalf of anyone in front of this Commission or any board in the City of
Miami.
Chairman Plummer: All right, so what are you asking to be done?
Commissioner Sanchez: What I am asking to do is, that anybody... For two years, they cannot
lobby in front of this legislative body whether it be a board or be it the Commission. And the
simple reason why is because we want good government and that's one good example, one good
message to send out to the constituents that we will not allow it.
Chairman Plummer: What is he? Is lie imposing on the two-year limit, or? All right. Mr. City
Attorney, this is second reading.
Mr. Vilarello: Yes, sir.
Chairman Plummer: Read the ordinance. But wait a minute; it's moved by Sanchez, seconded by
Gort.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE V OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"),
ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," TO LIMIT A
CITY EMPLOYEE'S APPEARANCE BEFORE ANY CITY OF MIAMI
BOARD, COMMISSION OR AGENCY; MORE PARTICULARLY BY
AMENDING SECTION 2-612 OF 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 June 8, 1999 , was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez,
seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11816,
140
July 13, 1999
The ordinance was read by title into the public record by the City Attorney.
Note for the Record: ITEM 4-A WAS DEFERRED TO THE NEXT MEETING.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Yes, sir. One "A", I had to defer that because Administration is going
to be meeting with the people...
Chairman Plummer: You're deferring it again this week.
Commissioner Regalado: ...so we deferred that to the next meeting.
56. $25,000 TO SMALL BUSINESS OPPORTUNITY CENTER FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR COMMERCIAL FACADE
PROGRAM FOR BUSINESSES LOCATED IN S.W. 8TH STREET.
Chairman Plummer: All right, "B."
Commissioner Regalado: Before `B" I have an issue that it's important for the Southwest 8th
Street merchants and it's a resolution allocating twenty-five thousand dollars ($25,000) of
Community Development Block Grant (CDBG) to the Small Business Opportunity Center for the
period July 1, 1999, September 30, 1999 to provide the commercial fagade program for
businesses located in the non -targeted area section of Southwest 8th Street and authorizing the
City Manager to amend the existing agreement.
Chairman Plummer: Mr. Manager.
Commissioner Regalado: The City Manager will speak to that issue and Gwen...
Chairman Plummer: All I want to hear is, you agree or disagree?
Mr. Donald H. Warshaw (City Manager): Yes, we want to put something in...
Chairman Plummer: All right.
Ms. Gwendolyn Warren (Director, Community Development): With one proviso.
Chairman Plummer: Come on.
Ms. Warren: That the... Commission, you're reviewing the economic development agencies.
This... At your next meeting. This particular agency is currently funded, and this would be an
enhancement of their current contract, not a new one.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
141 July 13, 1999
Chairman Plummer: All opposed? Seconded by Mr. Gort.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUT81ON NO.99-509
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
ADDITIONAL, FUNDING, IN AN AMOUNT NOT TO EXCEED $25,000,
FOR THE SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC"),
FOR THE PERIOD FROM JULY I THROUGH SEPTEMBER 30, 1999, TO
IMPLEMENT SBOC'S COMMERCIAL FAQADE PROGRAM FOR
BUSINESSES LOCATED IN THE NON -TARGET AREA SECTION OF
SOUTHWEST 8TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS
THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE EXISTING AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SBOC FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
57. SCHEDULE ZONING ITEMS OF JULY 27, 1999 AT 4 P.M. — CONTINUE MEETING
OF JULY 27, 1999 TO JULY 29, AT 2 P.M.
Commissioner Regalado: OK, eh...
Chairman Plummer: All right, NET (Neighborhood Enhancement Team) 9.
Commissioner Regalado: OK, I... Before, before I go into NET 9, Mr. Chairman and members
of the Commission. I think that it's an idea, but I have seen that in the past two meetings we have
deferred a lot of issues to the 27th being the last meeting of the City Commission before the
August recess. We have a CRA (Community Redevelopment Agency) meeting on Monday the
26th plus a full meeting with Zoning and many important issues on the 27th. I would suggest for
you to consider, and the members of the Commission, that we should decide if we want to
142 July 13, 1999
continue. Do the 27th and want to continue, and probably the first submissions for the 27th, I
mean to the 29th, so we can do the whole agenda before adjourning for the August meeting. I am
sure that the agenda is going to be packed and I am sure that these issues are going to...
Unidentified Speaker: [inaudible -- off microphone]
Commissioner Regalado: No, no, no. Do the 27th, but be on notice that some items could be
done on the 29th, on the Thursday.
Chairman Plummer: Well, may I suggest... consideration. Have the Manager bring in lunch
and we just work right straight through.
Commissioner Teele: Well,1, you... Commissioner, you are the Chairman, but we all know that
we have a colleague whose job requires him not to be here.
Chairman Plummer: No, that's not true...
Commissioner Teele: And, I think in fairness to that, but more fundamentally, more
fundamentally, managing the agenda is really an important process, and I think Commissioner
Regalado has hit his finger on it. This is Government 101. Every break before the summer
break, and every Commission agenda before Christmas, anything that any department has got
they pull it out and they put in on one of those two agendas, if it's controversial, if it's a problem,
if it's got somebody that may not be with it. I mean, that always happens right before Christmas
and right before the August break. What Commissioner Regalado is saying makes good sense.
Number one, we do have a very big Zoning agenda. It is not fair to the public to have them come
here at a crazy time like ten o'clock or whatever we put it out for and have them then waiting at
nine o'clock while we debate other issues. I believe that we should vote today to begin the
Zoning agenda on the 27th at a time certain such as four o'clock, six o'clock, or whatever and the
balance of the agenda that has not been taken up on the 27th would roll over to the 29th.
Chairman Plummer: I'll go along with that as long as you do it after two o'clock in the
afternoon.
Commissioner Teele: On the 29th?
Chairman Plummer: Yeah.
Chairman Teele: Well, two o'clock on the 29th.
Commissioner Regalado: Yeah.
Vice Chairman Gort: Move it.
Commissioner Teele: Mr. Chairman...
Chairman Plummer: I am being informed that the 29th is in fact going to be an election day. I...
That's the penny tax? I don't see that as a big issue.
Commissioner Regalado: Yeah.
143
July 13, 1999
Commissioner Teele: But that's not a big deal.
Chairman Plummer: No.
Commissioner Regalado: You can vote in the morning.
Chairman Plummer: All right, All right, so then a motion is in order than an additional...
Commissioner Teele: To start the Zon...
Chairman Plummer: An additional Commission meeting be scheduled for the 29th after 2:00
p.m., to take care of any matters not finished on the 27th.
Commissioner Regalado: That's right.
Commissioner Teele: So moved.
Chairman Plummer: All right, and seconded. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-510
A MOTION TO SCHEDULE THE ZONING PORTION OF THE JULY 27,
1999 COMMISSION MEETING TO BEGIN AT 4 P.M.; FURTHER
SCHEDULING A CONTINUATION OF THE REGULAR MEETING OF
JULY 27, 1999, IF NEED BE, TO THURSDAY, JULY 29, 1999, 2 P.M. 1N
ORDER TO CONSIDER THOSE ITEMS PREVIOUSLY SCHEDULED FOR
JULY 27, 1999 WHICH MAY BE UNFINISHED BY THE DAY'S END.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Now...
144 July 13, 1999
Commissioner Teele: And, Mr. Chairman, the other part of that was that we start the Zoning
agenda at some... In that Zoning agenda, isn't that a...
Mr. Donald H. Warshaw (City Manager): I was just going to say you need a time certain for
advertising purposes.
Commissioner Teele: But isn't that a really tough Zoning agenda?
Ms. Lourdes Y. Slazyk (Assistant Director, Planning & Zoning): ... potentially a very... yes.
Chairman Plummer: Well, make it two o'clock.
Commissioner Teele: Let's just make it four o'clock. We are not going to begin it before four
and...
Chairman Plummer: Well, then you...
Chairman Plummer: Well, but then you're limited if you get finished with the early agenda you
can't --
Commissioner Teele: J. L., we will be here for the next two days on the regular agenda.
Chairman Plummer: Not if I am Chairman. OK.
Commissioner Teele: Four o'clock.
Chairman Plummer: Four o'clock. Uh, you know, bring a cot, hot water bottle, bourbon, Jack
Daniels.
Vice Chairman Gort: -- anything.
58. DISCUSSION CONCERNING AN UPDATE ON PUBLIC SERVICE PROGRAMS ON
NET 9 -- BROADCAST ON CABLE TELEVISION NET 9 ALL BOARD MEETINGS
(WATERFRONT AND OTHERS) WHICH TAKE PLACE IN CITY HALL CHAMBERS --
SCHEDULE PRESENTATION ON PARKING SURCHARGE FOR JULY 27.
Chairman Plummer: Are we ready for the Tomas Regalado agenda?
Commissioner Regalado: We are. I am, I am.
Chairman Plummer: You have five minutes.
Commissioner Regalado: Five minutes for half of each issue. We discussed last meeting the
public service programs on NET 9 and we have asked the Police Department to do some public
service programs. I don't know the status of that. I have not been informed in writing or
anything, although I requested information before this meeting, but I have not received it. Could
you, Captain could you tell us?
145 July 13, 1999
Police Major Longueira: Yes, sir. Commissioner, we have developed a program doing what we
call a --
Chairman Plummer: Hey, fuzzy head, who are you?
Police Mayor Longueira: Major Joseph Longueira, Miami Police Department. We have
developed the story boards in the script. We are going to start filming. One of the personnel
intimately involved in this is having some surgery, but we believe in October we are actually
going to be presenting this on NET 9, the first one being auto theft.
Commissioner Regalado: OK, you're aware that this program does not need a date? I mean,
once you record it you can play it and play and play it.
Police Major Longueira: Yes.
Commissioner Regalado: You're not saying next Wednesday we are going to do this or that, so,
I mean, once, once you have it you have a program that is going to be running throughout a year
or so.
Police Major Longueira: yes.
Commissioner Regalado: It doesn't have the statistics or anything. That's what you're saying is,
in October you'll be filming the first, the first one?
Police Mayor Longueira: Yes, sir.
Commissioner Regalado: And, the other two?
Police Mayor Longueira: The others will come after that. We'll, you know, we'll start working
on those at the same time.
Commissioner Regalado: Where are those programs going to be filmed?
Police Major Longueira: Where are they going? I don't know, sir. I don't know, maybe --
Commissioner Regalado: All right.
Mr. Donald W. Warshaw (City Manager): They will be filmed in the City, but I don't know
exactly where.
Police Major Longueira: Yeah.
Commissioner Regalado: Well, no, because I am a little confused. We are going to do these
programs in October, but the studios would not be ready in October, the new studios of NET 9.
Mr. Warshaw: What this is going to be is the filming of the -- You asked for three, I believe.
Commissioner Regalado: Right.
146 July 13, 1999
Mr. Warshaw: There was auto theft and two others.
Commissioner Regalado: Right.
Mr. Warshaw: Auto theft will be the first one, so the flaming will take place between now and I
guess, September, and then in October it will be ready to go and will air for whatever number of
times we want it to air.
Commissioner Regalado: All right, so what you're saying is that, we do not need the studios of
NET 9. That is going to be filmed or video taped throughout the City. The Police Department, a
guy doing the presentation with a camera and then it would be edited. So, we do not need the
studio to do this.
Mr. Warshaw: We don't need the studio to do this filming. I am assuming it's going to be filmed
outdoors.
Commissioner Regalado: Exactly, that's what I was -- That's what I said which leads us to the
other issues. When we suggested that we could do other programs, members of the Commission
informing the people or different districts or Parks Department. We were toldthat we cannot do
that because the studio was in bad shape. This program, and this is my point since day one.
These programs could be video taped anywhere, here, there in the back and by -- in the office
and we have not done that. So, we do not need the studios. We only need some editing facilities
which by the way we have it.
Mr. Warshaw: I hear what you're saying, and I think we are saying the same thing. These films
are going to be filmed in the outside, tell a story about auto theft. I think what you talked about is
more of an interview setting where you sit someone down --
Commissioner Regalado: No, no, I was --
Mr. Warshaw: -- and do a program situation.
Commissioner Regalado: ... talking, I was talking of public service programs from day one.
And, public service programs can be filmed anywhere --
Mr. Warshaw: Right. That's correct.
Commissioner Regalado: -- anywhere and edited. So we, are we going to do the district's
programs? Is it planned for the next weeks, month using the same production style, that the
public service program.
Chairman Plummer: You should see the way that South Miami does it. I was watching, you
know, the cable in my office, they have an absolute beautiful presentation in South Miami cable
of how they present their Commission, their Commission meetings, their public service
announcements. It's done in color, it is perfect.
Mr. Warshaw: Ours is done in color.
147 July 13, 1999
Chairman Plummer: Yeah, right, black and white. Two colors.
Commissioner Regalado: Well, Jorge, can you tell us about this possibility? Is it, I mean is it is
possible to do it?
Mr. Jorge L. Hernandez (Director, Media Relations): Commissioner, as you previously stated
Commissioner, you -- For your proposal, the Commission entrusted the Police Department to
produce these films, and as you heard, they are in the process of writing and finishing the script.
And, since they are the ones on this project, I don't know exactly --
Commissioner Regalado: No, no, no. I am not talking about these three programs. I am talking
about the other ideas that we have with the members of the Commission reporting to the people
that we discussed five months ago. Can we do that with the same production style that these
programs are going to be done?
Mr. Hernandez: Well, as I said, I don't know exactly, since the Police Department, per your
request, is producing, is in charge of these programs. I don't have anything to do with them. I
don't know about them. My answer to your question is, if we are entrusted with that, yes, we can
film interviews with the Commissioners any place at any time.
Commissioner Regalado: So, we would have saved five months.
Mr. Warshaw: We can do stories on the neighborhoods. I mean, we can do video filming. The
question initially, I thought was, the quality of our studio, our equipment which is not the best.
Vice Chairman Gort: Well, let me --
Mr. Warshaw: But the answer to your question is --
Vice Chairman Gort: Mr. Regalado --
Mr. Warshaw: We can do filming within the City and show it.
Vice Chairman Gort: -- will you yield?
Commissioner Regalado: Don, Don, if I just may? For the radio station you only need a mike
and a transmitter. You can broadcast --
Chairman Plummer: And, a person.
Vice Chairman Gort: Yeah.
Commissioner Regalado: And, a person. You can broadcast anywhere you want.
Chairman Plummer: No, you know, no, you can put it on tape.
Commissioner Regalado: For a TV station you only need a camera and a transmitter. You don't
need a setting, you don't need anything because you know, what you do it's imagination. But,
what I am --
148 July 13, 1999
Chairman Plummer: We got to get out of here, guys.
Commissioner Regalado: What I am saying is that, are we going to do these programs in the
different districts? Be it parks, be it other areas. I mean, I would think that what the people want
to see is some sort of a live programming, not the computer letters that we see most of the time in
NET 9. So, my question is, can we do this?
Mr. Warshaw: Yes.
Mr. Hernandez: May I answer? As you well know, and Commissioner being a professional in
communications, when you are in charge of running a programming of a radio or TV station and
you discuss the possibility of creating programming you don't think in terms of doing one
program and then no more. I mean, you have to have the personnel, the capabilities, the
resources to sustain a professional programming. If I am going to do programs of a certain type
for Channel 9, and I can do it once, but it will be almost impossible with the resources we have to
do it every week or every day, then the best thing is not to do it the first time. Because, if I do a
program for example, for Public Works now, and the program is a success and everybody likes
the program, all other departments in the City will feel entitled to have a program also in our
programming in the channel. And, so we simply going to have with three persons working,
sustaining a 24-hour operation in our channel, we simply don't have the personnel and the
resources to sustain a quality of programming that will merit us to initiate that effort. Yes, one
program, we can do it. We can do an excellent program for one hour, or a two-hour program. It
will be liked by everybody. Can we do it everyday? No, we can't, we don't have the personnel.
Commissioner Regalado: I have never, I would like to get the minutes of all the discussion
because we will save a lot of time. I have never ever said to do a program every day or even
every week. What I said five months ago, is that each member of the Commission and the Mayor
should have some time to talk about their districts and City-wide for the Mayor. That program
should not be considered an ongoing series, it's just one program who would run probably twice
a month or three times a month, maybe once a week in different times. We are on the air 24-
hours a day. It's like exactly the same concept that we are going to do with the public service
program. I have never ever said to do that --
Chairman Plummer: All right, All right, Mr. Regalado.
Commissioner Regalado: No, J.L., I mean, you know --
Chairman Plummer: He has a suggestion to make to you.
Commissioner Regalado: I would not, I would... Mr. Manager, I will not bring this issue
anymore, because I mean, Sanchez issue of Workers' Compensation, you know, it's worst to
bring it back every Commission, but you know, what can I do? What can I say? It's going to
stay like this.
Vice Chairman Gort: Mr. Chairman.
Commissioner Regalado: You know, and simple, they just don't want to do it. And, if you don't
want to do it, that's that, you know, I will not bring this issue anymore.
149 July 13, 1999
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Mr. Chairman, if you don't it every month, I will bring it. I think Channel
9 is being wasted. I know a little bit about the business, because I have been in the business
twenty something years. You can produce programs with one camera and one person. We have
enough events taking place within the City of Miami with the different NETS, withthe different
activities and legally I think you can check with your Law Department, I would like some
program with the sting operations that Ave do. I would like to see some of the Public Works being
done. I would like to see some of the work that our office is doing because the perceptions out
there is that people are not doing an anything. And, I think it is very important to get the
confidence to show the people what we are doing, and all it takes -- And, I'll you what, I'll
volunteer, I'll do some of the taping myself. I am pretty good at it. I am one of the best in Gort's
studios. So, I'll do the taping myself if it needs to be done, if we don't have enough people. I'll
do the volunteer because I think it's a waste to have... And, let me tell you, I didn't think there's
that many people watching Channel 9...
Chairman Plummer: Ho, ho.
Vice Chairman Gort: And, you'll be amazed how many people come to me and say, "I see the
Commissioners meeting and they repeat" and they get the idea that it's not as easy as they think it
is. And, I think it's very important that we educate our community to Channel 9, show what the
police are doing, show them what happens in court, why some of those people walk out, and I
think it's very important for people to know that. Let them show what the Public Works does,
summer jobs, on the summer programs what we have done. We should have televised that, and
show how good is the summer programs that we have. I mean, we can get more kids to
participate.
Mr. Warshaw: Can I make a suggestion?
Chairman Plummer: Mr. Manager.
Vice Chairman Gort: My suggestion to you, Mr. Manager, is to come up with a comprehensive
plan on what to do, and that can be implemented right away.
Mr. Warshaw: Prior to the next Commission meeting, I will individually meet with all of you and
come up with ten, twelve story lines of things that are of interest to the City, present them to you
and then prioritize them in some way and start working on that. You are right, we can do all
these things.
Mr. Hernandez: Yeah, but Mister -- If --
Mr. Warshaw: It's true we don't have a lot of people. We have three people, and there is a lot of
labor-intensive work on old equipment. Even getting the agenda type set in prior to the time it's
shown on the screen, and I know it sounds kind of archaic because if we had modern equipment
it would a lot easier to do. There is a process, unfortunately, one of the things we want to do
when we finally negotiate that contract with TCI (Telecommunications Inc.) issue is to take that
money and build a professional studio.
150 July 13, 1999
Mr. Hernandez: Mr. Manager --
Mr. Warshaw: Commissioner Regalado is correct, take a camera and go around, we have enough
people doing enough things in the City that are of interest to people. We can do that, and I
committing to you that I will do it.
Vice Chairman Gort: Mr. Manager, six months ago we requested, and correct me if I am wrong.
We requested that we have, all the television stations have to provide public service
announcement, public service work. I am sure you can get those people to volunteer the studios
to certain hours to help us do some of the work.
Chairman Plummer: And, Channel 2. No, but Channel 2, educational.
Vice Chairman Gort: I think if we contact, you got Channel 2, you got four, you got 6 you got 23
and you got 51. I am sure if we contact those channels, they will be willing to work with us.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: You have Channel 2, which is a public channel.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I just want to speak in support of what Commissioner Gort
is now saying and what Commissioner Regalado has been saying for six months. I know Jorge
Luis, I have known him long before I came into politics at all, and I have always had a very high
regard, but I have to say this to you, Mr. Manager. Commissioner Regalado is being
stonewalled. I don't understand why, I don't understand what all the dynamics are. But, I can
assure you, that the way a legislative body should function, quite frankly, I am not going to sit
down and talk about story lines, because I think, I think that's, you know, we pay professionals to
develop story lines and to do that. I mean, I would be more than happy to discuss some broad
concepts but, but we appropriate, and the one thing that I really want this Commission to
understand is that we have as much or a little power as we exert. We appropriate and when the
budget of the Office of Media comes up for budget discussions that's the time to bring these
issues up. And, if the -- Commissioner Regalado, if you make the motion to reduce the budget in
half, I'll second it, or for that matter, two-thirds, I'll second it. Because the one thing that I think
that elected officials cannot afford to do is have professional staff people to stonewall them.
Because we are elected with a mandate from the people, and when professional staff can
basically tell elected officials what they not going to do in their proper role as policy makers, then
we need to understand what our authority is as budget appropriators. And, our power, the power
of the legislature is not to hire the Manager and fire the Manager, that's never been an
appropriate legislative role that I have maintained. Our responsibility is to pass a budget and to
make policy, and the only thing that I am saying to my dear friend is that, if you all have press
events in my district and I am not notified, I am going to take it out on you during the budget
hearing. I may be the only one that does it, but I can tell you right now, there is going to be hell
to pay if you all continue the kinds of stonewalling that's going on, because it backfires. First of
all people, you know, people look kind of silly in a district that they don't really belong in trying
to have a media event, people start laughing about it and talking about it. But, it's this mentality,
and I really do think if your office is working for the Manager, the Manager needs to assert more
control and ensure it because -- Ensure that the services of the Media Office are being done for
151 July 13, 1999
the benefit of the citizens of Miami, the Mayor and the Board of Directors, which we are, the
Directors. And, if you are not going to do it, then I think you need to understand and your
colleagues need to understand that there are some of us up here that may be willing to look at the
budget in that regard, because that's our authority. And, Congress doesn't appropriate money to
agencies that don't respond to it. The Florida Legislature doesn't appropriate money. I mean,
you know you had one department head who lost his job because he wouldn't respond to what
Mario Diaz-Balart wanted as the Chairman of the Committee. When he asked for it, you know
they start giving him crazy information, and what I am saying to you is, that I think this
Commission needs to mature as to what our role is, and our role is not to browbeat you, if you are
not going do it, you know, he's been asking for six months, if it's not going to happen, then you
know that budget line needs to be dealt with in that-- And, I can assure you that when we deal
with the budget of the City of Miami, I am personally going to ask that the Media budget be
reviewed in light of the performance in terms of what you all are doing with themoney that we
are giving you. So, that's as clear a message as I can send. But, I think Commissioner Regalado
is being stonewalled and I really wish it would stop.
Mr. Hernandez: Ali, Commissioner --
Chairman Plummer: Hold it.
Mr. Hernandez: Yes. Yes, Mr. Chairman.
Chairman Plummer: Did you want to speak Mr. Sanchez? 1 am sorry. Mr. Manager, may I
strongly suggest, you don't need a studio. The thing that I had in mind was I get calls all day
long, Commissioner, where is your district? Commissioner, where is the NET office? I live at
such and such an address, where is my NET office? And, I am not talking about any PR (Public
Relations) or any politics or any of that, where it says District I is the boundaries, District I, the
NET Offices are here, your NET offices are here, your people are here, the phone numbers are
here. District 2 your boundaries are here, blah, blah, blah, blah. I don't think you need a studio
for that. I think that can be done in these chambers, and it's very simple as long as you have a
format that you're going to follow. So, Jorge, wrap it up now. Let's, let's-- Because, I have got
to get out of here.
Mr. Hernandez: Yes, sir.
Commissioner Regalado: One, one...
Commissioner Teele: Jorge, in that regard one moment, Commissioner. The County IT,
Information Technology Department, Jorge, could do a graphic for you that would be, you know,
almost a computer generated graphic just based upon the data that...
Chairman Plummer: And, how beneficial that would be.
Commissioner Teele: The data that they have because we use them, didn't we, to work with
them in drawing the lines, right?
Mr. Walter J. Foeman (City Clerk): GIS (General Information Services),
152 July 13, 1999
Commissioner Teele: And 1, you know, you could have a really computer graphics chart that
shows this district, because nobody knows how these district lines look. And, Commissioner
Plummer is making a very good point.
Chairman Plummer: OK.
Commissioner Regalado: Are we, are we broadcasting the City Commission meeting, Zoning,
Planning? But, I, the Commission directed the Administration and Net 9 to broadcast also the
Waterfront Advisory Board, are we doing this?
Mr. Hernandez: Ali no, Commissioner, no.
Commissioner Regalado: Wily not? We directed that, I think three months ago.
Chairman Plummer: We did.
Mr. Hernandez: I think that, I don't recall the -- Commissioner, yes.
Commissioner Regalado: Can we get the?
Mr. Warshaw: I would like to see that. We are broadcasting, well, we are broadcasting Charter
Review. There are some other boards and as those requests --
Commissioner Regalado: As a matter of fact, Mr. Manager --
Mr. Warshaw: -- come in, we have been broadcasting them.
Commissioner Regalado: -- as a matter of fact, all the boards that sit here should be broadcast
because it's part of the business of the City of Miami. And, you know, the Charter Review is
done, but this is a board that will finish --
Chairman Plummer: Yeah, but it wasn't broadcast live until some people of the public screamed
and hollered because it was being taped and then shown at a later time. Once they started
screaming and hollering "wily isn't it on live?" They started making it live.
Commissioner Regalado: And, you know, the Waterfront Advisory deals with important issues
of the City as the Planning as does the Zoning and Code Enforcement.
Chairman Plummer: All right.
Mr. Hernandez: Well, as you know, Commissioner
Commissioner Regalado: I don't see wily not, this is only a two or three hours or maybe, at most.
Chairman Plummer: All right.
Mr. Hernandez: Well, as you know, Commissioner, we do broadcast live --
Commissioner Regalado: Yeah.
153 July 13, 1999
Mr. Hernandez: -- many of our, the meetings for our boards and if it is the desire of the
Commission to broadcast live the Waterfront Board or any other board, I will be more than glad
to --
Commissioner Regalado: Then, I'll move to broadcast the Waterfront Advisory Board --
Chairman Plummer: So be it. Moved by San --
Commissioner Regalado: -- and any other board that sits on this facility, and it's because of
technical reasons.
Mr. Hernandez: -- you --
Commissioner Regalado: You can't do the COW (Committee as a Whole) room, but you can do
this very easy.
Mr. Warshaw: We do Code Enforcement, Civil Service. I mean, there is a lot. I don't have the
schedule in front of me, but --
Chairman Plummer: Hey guys, you're beating a dead horse.
Commissioner Regalado: We do -- Don, we do, we do a lot, but we have remember 700 hours of
air time each month. Do you know how many we use?
Commissioner Teele: How many?
Commissioner Regalado: Seventy.
Chairman Plummer: All right.
Mr. Hernandez: Now, I would like to add...
Chairman Plummer: Wait a minute, wait a minute. Now, we are talking in circles here. We
have now been 35 minutes --
Commissioner Regalado: Now, there is a motion to broadcast. There is a motion to broadcast --
Chairman Plummer: You made a motion, there has been a second, let's bring this thing to a close.
I mean, this is getting out of hand.
Mr. Hernandez: I just want to give, Mr. Chairman. I am grateful that Commissioner Teele has
mentioned the fact that he has known me for many years, and --
Chairman Plummer: We don't hold that against you.
Mr. Hernandez: ... and that I am sure he knows that I am a person of integrity and that I will
never allow my department to do any stonewalling of the efforts of any Commissioner. As of
154 July 13, 1999
today, the Office of Media Relations is doing, what has never been done before Commissioner, in
the City of Miami.
Chairman Plummer: All right.
Mr. Hernandez: We are, we receive -- we receive information, we disseminate information, and
for the first time in the history of the City, at the very same time that we send press releases to the
media, we simultaneously send copies to all the Commissioners, all the directors in the City, even
the NET Administrators.
Chairman Plummer: Thank you, sir.
Mr. Hernandez: We do not invite Commissioners to events. We are just the messenger of those
events. So, I think that maybe in this case, you are shooting at the messenger —
Chairman Plummer: The ducks are shooting at the -- [phonetic]
Mr. Hernandez: -- and I mean, we will be more than glad to be in contact with every
Commissioner, to invite every Commissioner to every event --
Chairman Plummer: Can we call the roll?
Mr. Hernandez: -- if we are assigned for that role.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Thank God.
Commissioner Regalado: But, we were not talking about inviting people. This, this, we were
talking about programming.
Chairman Plummer: We are talking about the motion on the floor.
Mr. Hernandez: We are talking about notifying commissioners to events. I mean --
Chairman Plummer: No, that's -- No, no the next item.
Commissioner Sanchez: That's the next item that I will like to --
Chairman Plummer: Now, guys I have got to get out of here, OK. Now let me just --
Commissioner Sanchez: J.L., if you have got to go, you have got to go?
155 July 13, 1999
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-511
A MOTION DIRECTING THE ADMINISTRATION TO BROADCAST ON
CABLE TELEVISION NET 9 ALL MEETINGS OF THE WATERFRONT
ADVISORY BOARD AND OTHER BOARDS WHICH MEET IN THE CITY
COMMISSION CHAMBERS AT CITY HALL.
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.
Commissioner Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Wait a minute. Please, Mr. Manager, since Mr. Regalado and Teele
brought up the subject. As you know, I think it's very, very important that we have a half hour of
presentation in reference to the surcharge on parking. May I suggest that we have that at 1:30 on
the 27th?
Commissioner Teele: No, wait a minute. When does, Commissioner Regalado, what time is
your show every day?
Chairman Plummer: What time is it?
Commissioner Regalado: It's noon to one, so I can be here at 1:30.
Chairman Plummer: All right, let's have it at 1:30, and then we can give them 30 minutes to put
on that presentation on the parking surcharge, yes. But, let's announce right now and have an ad
in the paper, whatever is necessary and on NET 9 that there will a presentation on the 27th at
1:30 for all interested parties in reference to all rules and regulations pertaining the parking
surcharge. All right, gentlemen I am sorry that I have to leave. Mr. Gort, where are you? You
are now in charge.
Commissioner Sanchez: Mr. Gort.
Chairman Plummer: Well, Commissioner Kuper, would you like to come up here and --?
156 July 13, 1999
Chairman Plummer: There are three items. Mr. Gort, there are three items on the rental of cars
that has to be addressed and that's it, OK, and finish out the blue agenda.
Vice Chairman Gort: OK, sir.
Chairman Plummer: The way it's going right now, you'll be out of here by nine.
Vice Chairman Gort: Next item.
Commissioner Sanchez: We're on "C." Mr. Vice -Chair, if I could address that?
Vice Chairman Gort: Discussion. This is the, Commissioner Regalado's issue though.
Commissioner Regalado: OK, we'll be brief on this one, although I am sorry... On item "C", I
yield to Commissioner Sanchez. I'll do "D". I'll do "D".
Commissioner Sanchez: Thank you, Commissioner Regalado. Mr. Warshaw, you did receive a
memo that I sent out and it basically complained about not getting adequate notice on a lot of the
City events. And, if I could just take the time to read the memo to you. It was cc (carbon copied)
to the Mayor and also to my colleagues, and it read as follows: "Here we go again. I received
once again a press release, which seems to be the only form of communication that I have with
events happening in my district. Over and over again, press releases are sent from the Office of
Media Relations that arrive in my office the night before the event giving me little chance to
reschedule my appointments to accommodate the event announced. It is a repeated practice that
all of the Commissioners have complained about before, yet it is being ignored over and over
again. In my possession, I have several press releases, which clearly indicate the lack of courtesy
towards the Commissioners. Many more have been tossed due to the inadequate advance notice.
Each of the press releases are received after 5:00 p.m., the day before the event, and even on one
occasion, it is the way -- Is this the way to work together, keeping the Commissioners in the dark
like mushrooms? If this is our only notice, how are we to prepare for any media calls? Events in
the district of the Commissioners are being created and organized with total disregard to the
Commissioners representing the area, clearly making it obvious that these political games were
made to embarrass the Commissioners. We cannot continue to play these political games, which
clearly sends a message that gutter politics continue to be a practice at City Hall. I bring this to
your attention because I believe in your leadership and sense of fairness; 1 know you will put an
end to this practice." And the reason why I complained, and I have the memos here, because I
kept each and every one of them. Each and every one of these press releases sent to my office
which is District 3 arrive after six o'clock the day before, and the only way that we get them is
when we walk into the office at nine o'clock. And, on some of the memos, they're even sent
afterwards. So, therefore, that is one of the things that I would like to bring out and ask the
Media Relations, that if they are going to have -- have courtesy enough to let us know what's
going on in our district, because the most embarrassing thing that I have gotten so far in this
Commission, and I have made some silly mistakes. One is, when you have the media calling
your office concerning a sting or an operation in your district and you know absolutely nothing
157 July 13, 1999
about it. So, you know, they stated this in the last discussion item that it was forwarded-- And,
all that I ask is that, please allow me the courtesy and allow me the respect, just like I allow
everybody is, that provide us enough time so we can be there, or at least allow us enough time to
call you back and tell you, listen, we can't make it. All that I want is that this practice to stop,
and I am -- Jorge Luie, I have the utmost respect for you.
Mr. Jorge Luis Hernandez (Director, Department of Media Relations): Thank you,
Commissioner.
Commissioner Sanchez: I have talked to you about this. I don't know why it's continuing to go
on, but let me tell you. Each and every one of the Commissioners up here is very upset
concerning this matter.
Mr. Hernandez: Commissioner, Commissioner, let me very briefly state this. If 4:00 p.m., in the
afternoon I receive an information from "X" department, Public Works, Parks and Recreation,
Community Relation, there is one only person in my department at that time, 4:00 p.m., to write,
create a press release. We create the press release. We finish the press release, we send the press
release for review and at fifteen minutes before five, we disseminate that press release to all
media, all the general media in Miami and at the very same time, simultaneously, we send a copy
to every elected official of the City of Miami so they will have the benefit of at least knowing
what we are sending to the press. We do not create the events, Commissioner, we do not
organize events in the City of Miami, we are only the messengers. We disseminate the
information that we receive, and many times, at a very late time. But, I can guarantee you, and I
can show you the copies of my faxes that, that I send you copies of all those press releases
simultaneously at the very same moment that the media gets them, you get them, Commissioner.
And, many times, I receive that information and about that specific event thirty minutes before I
write that press release. I am not the organizer of events, of those events. I do not run the
protocol of the City of Miami, no one has told me that I have to call the Commissioners, and
inform them about events that even I don't know about them. So, if I am doing something, is that
doing something that it has never been done in the City before which is, sending the
Commissioners and the Directors of the City copies of press releases that I produce right on the
spot, at that very moment, so you can be informed about what things we are saying to the press.
That's my role in you receiving those press releases at that time.
Commissioner Sanchez: But, Mr. Hernandez.
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Wait, I am not done. Do you believe that that is a fair practice to us, the
Commissioners, to get a memo hours before an event? And, it's just not one. It's a constant
stream of media presses release that we get that are -- Do you think twenty-four hours is
adequate notice to the media? To the media maybe.
Mr. Hernandez: From, from —
Mr. Donald H. Warshaw (City Manager): I would like to respond to that.
Commissioner Sanchez: No, let -- He can answer I am not done.
158 July 13, 1999
Mr. Warshaw: OK.
Mr. Hernandez: Commissioner --
Vice Chairman Gort: Because my understanding, his answer is that he's not responsible for
being late. His answer is, is the departments that do not notify him in time, which means --
Mr. Hernandez: I send it to you the minute I have it Commissioner.
Vice Chairman Gort: ... which means they pull -- if they are going to knock down a building,
and they know the afternoon before.
Commissioner Sanchez: Well, it's a wrong practice. I mean, whatever, wherever the problem
exists -- You know what the problem is here? That we can't pinpoint anybody and say, you
know what, we are going to hold you accountable, and that's a practice that goes on. Because
once we start fingering people and saying hey, you're -- we are going to hold you responsible for
your actions, then you see that all these games stop, OK.
Commissioner Teele: Well --
Commissioner Sanchez: And now, I don't, I don't know what you may say about this, but it's the
media relations responsibility, isn't it? Isn't it the media relations? Isn't it your responsibility?
Mr. Hernandez: To send out press releases, of course it?
Commissioner Sanchez: OK, is your responsibility to send it to the --
Commissioner Teele: No, no.
Mr. Hernandez: Of course, yes.
Commissioner Sanchez: -- media and to the Commissioners.
Mr. Hernandez: And, I do send copies to all of you at the very minute that I send it to the media.
Commissioner Sanchez: OK, then who sends it to you?
Mr. Hernandez: I receive the pieces of information from the different departments for me to
create and elaborate a press release. Once I have it, once it's finished, I immediately send it to
the press and I send it to you.
Commissioner Teele: Look, Mr. Chairman.
Vice Chairman Gort: Let's hear from the Manager.
Mr. Hernandez: I do not organize the event. I don't participate in notifying Commissioners or
organizing that event.
Commissioner Sanchez: The practice isn't fair and it needs to be changed.
159 July 13, 1999
Commissioner Teele: Mr. Chairman, Mr. Chairman.
Vice Chairman Gort: Excuse me. Yes, Mr. Teele. Commissioner Teele.
Commissioner Teele: I think the Manager needs to weigh in on this, but before he does, let me
just say this. All departments to my knowledge, other than the various Commission's and the
Mayor's Office, report to the Manager. If Public Works or Development or a NET
(Neighborhood Enhancement Team) Office is setting up a media event without the consultation
of the District Commissioner and the Office of the Mayor in which the event is going to take
place in, that practice needs to stop. I do not view your role as sending out press releases. I
mean, that would be a pretty high paid fax distributor of messages if that's your role. I view your
role as coordinating press releases, and in that regard, if it means we need to write a resolution, I
am prepared to take the time to do it. But, essentially, it will embargo your office from putting
out any press releases in anybody's district in which the Commissioner has not been able to sign
off on the release. Because, that's the way this really works. I mean, a lot of us have been
around government, and ,your mission is not to send them to the media, your mission and the
mission should be to coordinate press releases. Now, obviously that becomes very, very difficult,
but I maintain what the essence of what Commissioner Sanchez is saying, and you're missing the
point. I mean, you're talking right pass the point. The issue is not the notice, the issue is the
coordination of these events. No City official working for the Manager should hold any event in
anybody's district without coordinating with that Commissioner in that district. And, I may be
the only person that feels that way, but I can tell you I have had some experiences, and nobody
even Bill Clinton wouldn't go to Georgia when Newt Gingrich was the speaker and hold an event
in his district without advising him first and consulting with him. I mean, it's-- It transcends
politics; it gets down to basic courtesy. This isn't about politics, this is about courtesy, and
somewhere along the line, and somebody is making things "appear political" that are quite
frankly, disrespectful to the American political process. Even Bill Clinton wouldn't go to Newt
Gingrich district when they were at war with each other without first conferring with him, not
send him the press release, that ain't the issue. The issue isn't didn't he get, Newt get the press
release, the issue is, did he confer with him. Does? Is he in the loop? Even Ronald Reagan
wouldn't go in Kennedy's district without conferring with the Senator from that state. That's just
basic courtesy in America under the protocols that the Executive Branch and the Legislative
branch have worked together for some three hundred years. And, what is happening right now in
the City of Miami is really something that quite frankly is really, I think disconnecting because
it's happening across the board. And, what's happening is, I mean, I could read a letter from
some people that I have gotten in the district about things that have happened including what
happened today. The people were offended that you all would purport to give out proclamations
or give out some type of action of a district clean-up without my having the District
Commissioner signature. That's bad politics. But, not only is it bad politics, and it's a grievous
breech of the courtesies that have been extended from the Executive Branch to the Legislative
Branch since George Washington came to this country and set up a government. And, I think
you all need to stop that. I think that needs to stop. I think what needs to happen is that the
Manager needs to assume the responsibility for the offices that are working for him in the Media
Office and the Public Works Department if they are doing this, or the Building and Zoning
Department, and to really just look at basic courtesies as it relates to an Executive Branch and a
Legislative Branch. And, Mr. Manager --
Commissioner Sanchez: Would ,you yield?
160 July 13, 1999
Commissioner Teele: -- that's my advice. I mean, that is my strong advice, because I can tell
you, this isn't the way government is supposed to work.
Commissioner Sanchez: Would you yield?
Commissioner Teele: Yeah, I'll yield to Commissioner Sanchez.
Mr. Hernandez: Commissioner, the only thing that I would like to make clear is that I am glad to
hear what you said, and 1 would like to make clear that --
Vice Chairman Gort: Excuse me, excuse me, excuse me. I have got Commissioner Sanchez.
Mr. Hernandez: I am sorry, Commissioner.
Vice Chairman Gort: Go ahead.
Commissioner Sanchez: Mr. Hernandez, in no way do I intend to be disrespectful to you.
Mr. Hernandez: I know, Commissioner.
Commissioner Sanchez: But let me tell you something. I do not buy the excuse that notices are
given to you a day in advance. Demolitions are planned way in advance; sting operations by the
Police Departments are planned way in advance.
Mr. Hernandez: But, not by me, Commissioner.
Commissioner Sanchez: Not by -- I understand not by you.
Mr. Hernandez: That's not my department.
Commissioner Sanchez: I understand not by you. What I am trying to say is, whoever is
withholding or whoever is playing these City gutter politics games of not providing the
information to us in time, it needs to stop. That's all that I ask. If there is going to be-- If there
is going to be an event in anybody's district, how could...
Mr. Hernandez: What I am telling you, Commissioner. What I am telling --
Commissioner Sanchez: Excuse me. Excuse me.
Mr. Hernandez: Sorry, sorry.
Commissioner Sanchez: Excuse me. Have the courtesy to give that Commissioner enough
notice because you know what? This is a part-time job for me. I have to work, and sometime I
want to take time off of my work to be in my district to show the constituents that I am there for
them. And, when I get notice an hour or two before, and I have to work and see a client because
above all, I am a father first, then I work, and then I am a City Commissioner, it becomes very,
very hard and frustrating as it is already to show up to an event when my Chief -of -Staff calls me
and goes "Can you make it over here in an hour"? There's just no way that I could do that and it
161 July 13, 1999
gets frustrating. And, I could accept it once, twice, three times, but when I show you that I have a
stack of memos, press release coming in hours before for an event, I could accept one or two, but
all of these, come on somebody is doing this to really tick off Commissioners. I don't know who
it may be.
Vice Chairman Gort: Can we hear from the Manager, he's the one that has to respond to that.
Mr. Manager.
Mr. Warshaw: Thank you, Commissioner. As many of you know that I am a person of process
and obviously there is a breakdown of some of the processes here, so let me take you quickly
through what I see are four issues. Number one, the issue of press releases. This is a City that
has a lot of things going on. We might get a piece of information that might be of media interest
today at two o'clock, it doesn't require a press conference, it doesn't require any kind of an
event. It's simply information that we release. We have received a grant or some piece of
information that might be news worthy. Those things go out automatically, and I think those are
the things that affect us all and they are usually very positive. Then comes the second issue,
things like openings of parks where I agree you've got more than sufficient time to notify people
and let them know that all the Commissioners, the Mayor, that we are going to open a park, it's in
your district, there should be more than ample time, and it should be coordinated with your
offices if it's in your district. And, I categorize those parks openings. Then, you've got Police
issues where the Police Department might be wrapping up an investigation and one that comes to
mind is that gang investigation where at the last minute in concert with the U. S. Justice
Department they decided they were going to pick these people up at three o'clock in the morning
and at 9:00 a.m., the next morning there was a press conference in the Police Department. There
was no way to avoid the timeliness of that because it was going to happen whether anybody was
available to be there or not, because those people were being rounded at two, three, four, five
o'clock in the morning. That leaves the last category, and that's events that are brought forward
by elected officials. And, I think that that's the area that probably we need, you know, to work
on. The reality is, that the Media Relations Office should be, is available to all of you and there
are events that either can be, developed and or impact on individual Commissioners districts, and
there should be a coordination of those events. The Mayor has press conferences that are more
global and Citywide in nature, and I know some of those events have happened on short notice,
and I think that's where some of this is of your concern, and I understand that. Jorge Luis has
done in a, with a very small staff, you know, an awful lot of dissemination of information, more
so than in the years I have been here that the City has ever had put out in terms of putting out
positive information to the media. Even those parks openings which I think are well written and
have a little bit of humor to them and they have brought media out, and I have been with many of
you at some of those things, so I wanted to say that there are many things that have happened that
are very positive for the City, but in the area of process, I don't disagree with you that we need to
make some adjustments, and again, I commit to you, we will do that and we will make sure it's
done in the right way. It's no intention to disrespect anyone. I hear what you're saying, I
understand.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Mr. Manager, I think it's very important and we understand that there's
certain information that has to go out, there is no need for the district to be there. There is certain
police work and arrests that you make that you cannot -- there is no way you can notify the
people before. But, I think what the Commissioner is saying is, any event that's going to take
162 July 13, 1999
place through Public Works or any of the agencies, come on, I think you know with plenty of
time --
Mr. Warshaw: I understand.
Vice Chairman Gort: -- when those events are going to take place, and I think that's what the
Commissioners are talking about.
Mr. Hernandez: I am glad, I am glad, Commissioner --
Vice Chairman Gort: OK, Commissioner Regalado.
Commissioner Regalado: Mister, Commissioner. Mr. Chairman. Mr. Manager, what you
explained very well is the process of the whole City. However, police news or releases are put
out by the PIO (Public Information Office) Office of the City of Miami Police Department. I
have not seen any police issue in terms of rates or anything coming off of the, at least I haven't
got it, from the Media Information Office. When -- I think that what Commissioner Sanchez has
been pointing out and everybody here is, that if you are going to demolish a house you can't, you
can't know at 4:45 that you are going to demolish a house at nine o'clock in the morning.
Mr. Warshaw: I understand.
Commissioner Regalado: I mean, I mean. So, evidently, the problem is in your office, not in
Jorge Luis Office. He says that he doesn't get the information from Public Works or from you.
So, I don't understand why is this process so wrong. I would think that if you know, and the
Administration knows when this is going to happen it would have some time to notify whatever
Commissioner is in this district, the Mayor has been there. I, what I— what I think, and you
know, the Mayor has the responsibility, a city-wide responsibility. But it seems to me, it seems
to me that most of the press releases, and I do get it twice, because I get it in the radio station and
I get it at the office here, and I can bring it to you, what I get in the radio station. It seems to me
that there are activities and a statement from the Mayor, and the Office of the Public Information
of the City of Miami, whenever there is a demolition in Commissioner Teele's district should call
the District Commissioner, Commissioner Sanchez, Commissioner... and have also in a
statement. This is not about politics, because if we are going to say that this is about politics,
then the Mayor cannot make any statement. That's it. Because the Mayor is a politician, but the
Mayor has the right and the duty to make any statement, to be there in terms of the demolition.
But, I don't understand what is the problem with the members of the Commission. I do not
understand for who the Public Infonnation Office of the City works. If it works for the Mayor,
or if it works for the City of Miami as a whole in terms of elected officials.
Mr. Warshaw: It works for the Manager, but there is no doubt that any elected official has the
right to go to the Office of Public Information.
Commissioner Regalado: Exactly, exactly. Not go, not go. Not go, because we don't know.
How can you go if you don't know? But, when you have a quote from the Mayor and the
Manager, which I have seen in the last three or four press releases, be that Key Biscayne or
Virginia Beach or whatever. I understand, I understand. The Mayor has the responsibility, a
city-wide responsibility, that's his duty, that's why he gets paid ninety-seven thousand dollars
($97,000) and that's what Jorge gets paid ninety thousand dollars ($90,000).
163 July 13, 1999
Mr. Hernandez: Eighty.
Commissioner Sanchez: Eighty.
Commissioner Regalado: Eighty thousand dollars ($80,000) or whatever. You know, you get the
quote from the Mayor, but you also get the quote from J. L. Plummer, who is the Commissioner
for Virginia Beach, and Commissioner Teele's or whatever. I think that that's very simple, very
easy, and I don't understand why, and I know, Jorge, you know how to write? Don't tell me it's
hard. I mean, you can tell people in this audience anything you want, but I know what you do,
what you can do, what you have been doing. You can do it. So, just don't tell me you cannot do
it. You can... You get the information at 4:45. If you get a quote from the Mayor, you can get a
quote from a Commissioner. And that's all the Commissioner is asking. I don't know what is the
problem, I just don't know. And I think that, and I hope that, you know, that we can work
together with the Office of Public Information. Because, if we don't, then we would only need
one person to send faxes which will be written by the Police Department, by the Fire Department,
because mind you, the Fire Department sends faxes to my radio station every day, and it's not
going through the Office of Public Information. Mind you, the Police Department sends faxes to
my radio station and it's not going through. So, we have an office with a budget of a quarter of a
million dollars ($250,000), and you're asking for almost four hundred thousand dollars
($400,000) that only would be sending faxes. And, I think, I think it's important, what
Commissioner Teele said, that this office would coordinate with the different members of the
Commission and the community, and the community to be there. We have, we have gone to 26
playground inaugurations, 26. Twenty-six press releases in the last 12 months, plus what the
Mayor has done, plus several demolitions. That's the press releases that I have, and I keep them
a1.1. So, what I am saying, Mr. Manager is that, you know, it's either we do it right, and I know
that we can do it, Jorge can do it, his people can do it, or we just hire a person to send faxes,
simple as that.
Mr. Hernandez: Well, Commissioners, the press releases have to written. It's not only a matter
of faxing them.
Vice Chairman Gort: Thank you. Excuse me, excuse me. Excuse me. Excuse me. I have Mr.
Sanchez asking for -- Commissioner.
Commissioner Sanchez: Mr. Manager, demolition; public hearings; park openings;
neighborhood walks; playground dedication; town hall meetings; there isn't an excuse for us not
to get proper notice. Those are simple things that there isn't an excuse for us not to get proper
meeting. Now, Mr. Hernandez, my office contacted your office via phone and via fax requesting
July the 1st, requesting a lease -- a list of the media fax list which is yet to be provided. Today,
we called and they told us that it wasn't updated, there had to be some changes, some of the
numbers weren't -- had been changed.
Mr. Hernandez: All right, can I explain? I was informed --
Commissioner Sanchez: Sure, you can explain.
Mr. Hernandez: Yes, Commissioner. I was informed as your, as to the request from your office.
And, in fact, what they just told you today, is the truth. We do have a media list, which we are in
164 July 13, 1999
the process of updating it. This gentleman sitting here who is an intern from Georgetown
University is in charge of updating that list. My comment was, from to my secretary when she
informed me as to your request to give you the best list as possible. In other words, to try to
finish the updating of that list because 1 want the model of all lists for that department and we will
give you a good copy with the best information as possible, and he is in charge of that. And, they
told you the truth when they told you that.
Commissioner Sanchez: Thank you, I appreciate it.
Vice Chairman Gort: OK, I think that Mister... The Manager has the message, he knows what
this Commission has requested, so, Mr. Manager, it's your job now.
GO��DISCUSSION CONCERNING PLANS TO TRIM TREMAND;C)rEAN biINAG
SYS.M THI$ SUMMER, CONSTRUCTION SERVICES, STA t'E�NTRGTtL
iARIf}};'TEST PROJECT
Vice Chairman Gort: "D."
Commissioner Teele: "D."
Commissioner Regalado: "D." Several weeks ago we approved some money to fix the Vector
trucks, and Jim, I called you during the weekend, and when the rains were really hitting Flagarni.
There were stories even in the TV in terms of flooding. I, I keep getting some, at lot of
complaints from trees were entangled with the wires and some of these trees, neighbors claim
that FPL (Florida Power & Light) does not want to cut it because it does not represent an
immediate danger to the area. It seems that rains are going to continue because the weather is not
really right on this month. So, what can you tell us in terms of cleaning the drainage in that flood
prone area, and what can we do in terms of the trees? Can we work with the -- FPL? Can we do
it ourselves?
Mr. Jim Kay (Director, Public Works): OK, with regard to the... There are two issues here.
One is the storm sewer cleaning and of course, the other is the tree trimming. On the storm sewer
cleaning, we have an en par (phonetically) Permit, with the EPA a statement that we clean storm
sewers on an as needed basis. And, that language is written into -- in that permit rather than a
hard number, because we like to have some flexibility in what we do. In reality, we try to clean
all storm drains in the City, either clean or inspect, every storm drain at least one time per year.
There is about 25,000 throughout the City. In your district, actually just in the Flagamiarea,
there is about 2,500. But, each -- You do have to recognize though that there are hot spots within
each district, and Flagami certainly has, probably the most.
Commissioner Regalado: Absolutely.
Mr. Kay: And, we have visited those sites, those locations probably three to four times in, you
know a period of a year, and we'll do that, continue to do that. Right now, we do have four
Vector trucks in the City. We try to keep all of them on the road. They are a high maintenance
vehicle because of the pressures that are developed in there due to the cleaning hoses and also
the vacuum unit on the truck. But, we do our best to try to get out there and, and clean the drains,
and inspect the drains at least once a year.
165 July 13, 1999
Commissioner Regalado: Well, Commissioner Gort, and I share an area that is really, really
prone to flooding. And, we all know that for a fact.
Vice Chairman Gort: Talking about public swimming pools, we have them.
Mr. Kay: Yeah.
Commissioner Regalado: Right. I mean, I would urge Raul and Jim, if you can check on those
drainage systems in the next -- Because, we are going to have more rains in the next weeks, and
people in that area are really, really concerned about the flooding.
Vice Chairman Gort: Part of the --
Mr. Kay: OK, with regard to the tree trimming. I would like to say this, that in the Flagami area
we have very few requests for tree trimming. We may have only trimmed about 15 trees a year,
and the balance of, the remainder of District IV, in the West Havana, Shenandoah area we
receive considerably more requests. We have trimmed about 200 trees since the beginning of the
year in that area, and we probably have a three to four week backlog which we are working
delinquently on to try to make-up for. The wires that get in the way of branches or the branches
that get in the way of wires, that has to be done by Florida Power and Light. We don't do that.
We trim trees that block street lights, trees that block traffic lights, trees that block stop signs and
all other, a lot of other different categories of trees, trees that are unsafe that are falling down,
that are diseased or dead, we go in and remove those. So, again, we are working hard to try to, to
keep all areas of the City free and clear, but we do have some backlogs in some areas.
Commissioner Regalado: I really appreciate if you would check on the storms system.
Mr. Kay: OK. I tell you, I would just like to say this with regard to the storm sewers. I think we
have 21 locations in District IV --
Commissioner Regalado: Right.
Mr. Kay: -- that will receive a local drain --
Commissioner Regalado: Right.
Mr. Kay: -- within the next 12, over the next 12 months.
Commissioner Regalado: Correct.
Mr. Kay: In addition, we have a one and a half million dollar ($1,500,000) storm sewer district
called the "Fairlawn Storm Sewer District Phase I1" bounded by Northwest 47th Avenue; West
Flagler; Northwest 52nd Avenue; Northwest 7th Street, which is going to be bid in August and a
contract awarded in October.
Commissioner Regalado: Thank you.
166 July 13, 1999
Vice Chairman Gort: Let me take advantage while you are there, there are a couple of things.
One is, there is a lot work being done by the Water Department, Dade County Water Department
on Northwest 1 Ith Street, between 27th Avenue and 32nd Avenue. In repairing the streets, right
now you have some sink holes right on I Ith Street between 27th and 29t . At the same time, on
28th Avenue, you have had some of the repair taken place, but the road is going way above the
sidewalks so when it rains the people are getting all the water coming into their houses. I think
they gave you an address today that I would like for you to check on it.
Mr. Kay: OK.
Vice Chairman Gort: Because that's one of the major problems that we have in the Grapeland
and Flagami area.
Mr. Kay: All right. We do have to keep an eye on other utility companies, and certainly Miami -
Dade Water and Sewer has a lot of utilities in that area when they go in there to either construct
new ones or repair. We have to keep a close eye on what's happening with our streets and our
own existing infrastructure as they pass by it.
Vice Chairman Gort: You really, you really do. OK. Thank you.
Mr. Kay: OK.
Vice Chairman Gort: Commissioner Teele, District V.
61. DISCUSSION CONCERNING A STATUS REPORT ON THE HADLEY PARK
COMMUNITY CENTER PROJECT.
Commissioner Teele: Thank you, Mr. Chairman. I recognize the time is late. The Manager has
filed a report on the update of the Hadley Community Center and I really would like to query the
Director of Parks and Public Works on how this project is going and when can we expect to
move forward. By way of a background Commissioners, the Commission allowed me to move
forward a resolution that I think brings about something that other cities have used which is an
agreement with the State of Florida for their Department of Construction Services. It's the only-
- It's the first contract like this in the City, I sort of hate to be the Guinea pig in a way, but I think
the experience around the state has been so positive. And, Mr. Kay, I would like to know how
you view this. Is this something we should continue, a path that we should continue down or is
this something that you have second thoughts about?
Mr. Kay: Well, we actually haven't gotten into a complete project. However, the process is, I
think is, while may be a little slow, it's been very encouraging and we have, you know, been in
contact with other localities. The City of Coral Gables for example has tried this process and
they are very, very pleased with it. And, I think that this certainly has some applications in the
future on City projects. One that comes to mind is the Virrick Gym. I don't know if we'll do
that, but certainly that is one we are going to take a closer look at. With regard to this particular
project, we have our agreement with the State finalized. We are actually meeting with the State.
We are in the process of actually getting the Construction Manager on board. I am not sure
where advertisements are as yet, maybe Mr. Ruder, if he's here, can address that. But, we do
have a meeting with the State this Thursday, and we are moving forward to try to get the
167 July 13, 1999
Construction Manager on board as quickly as possible, and we hope to have a construction start-
up around October of this year.
Vice Chairman Gort: Commissioner Teele, I would like to inform you, you are not the first one.
The State has stepped in Biscayne Boulevard and they did a great job and they finished within
time and so on and we are now working with the State in other projects, and they are pretty good.
Commissioner Teele: Good.
Mr. Raul Martinez (Assistant City Manager -Operations): And, Commissioner, let me add. Raul
Martinez, Assistant City Manager. You're right, this is the Guinea pig for the City using this type
of project, and we are looking at it very carefully for other major projects. If it works real well,
we can expedite the process and get this done, get this project done a lot quicker, we are going to
repeat it on other major projects that we have coming up.
Commissioner Teele: It was my understanding that we were going to have ground breaking in
June or July a year or so ago when we discussed this. You all are all saying, no. When will? I
mean, is this on prior -- on time? I realize it's ahead of most of the other parks projects, big
projects, but this project has been languishing now for four years and I could remember listening
to Commissioner Gort campaign, I guess four years ago in the area talking about this project
when I was a citizen in the area. So, can we get it done before another Commissioner gets
elected?
Mr. Kay: The memo that was sent out to the Commission recently said that we would start in
October. And, it is -- On the time schedule that we have with the State; they show an eight -
month construction schedule. There had been some discussions prior to that of twelve months,
and I do want to clarify that with them when we meet with them on Thursday.
Commissioner Teele: Three quick things on this. Commissioner Plummer's local ordinance.
How are you all working with the State? Well, let me put it this way. Would you please work
with the state to maximize local contractors in this within whatever provisions the state have, I
mean, this is not a deal killer. Number two, recognizing that these are community, these are
Community Development funds as well as Safe Neighborhood bond funds money, can we also
try to maximize minority participation? And, this is something that I am asking you to work with
the State now, because they are going to basically go out and select the contractors at risk and all
of that, and in their evaluation process of weighing the bidders and all of that, I would hope that
you all would ensure that there is some consideration to local contractors in terms of bonus
points, or actual points, and our minority contractors particularly, representative of the district
that this construction is going to go into. And, finally, Mr. Attorney and Mr. Parks Director, this
was a Safe Neighborhoods bond issue in which the grant applicant was a Community
Development or a Not -for -Profit, one point six million. How much is the money, safe
neighborhoods' money?
Mr. Albert Ruder (Director, Parks Department): There is two point three million for the whole
project, and about one million --
Vice Chairman Gort: Excuse me, excuse me. Who are you?
Mr. Ruder: Albert Ruder, Parks Director.
168 July 13, 1999
Vice Chairman Gort: Thank you.
Mr. Ruder: About a million is from Safe Neighborhoods.
Commissioner Teele: OK, so a million of this is Safe Neighborhood bond, and the grantee for
this was a local development company, or a Not -for -Profit. I have a policy concern, Mr.
Attorney, and I don't want at all to penalize or put an impediment in the Parks Department about
them going out, getting money. You know, sometimes we can tie ourselves up so tight that we
wound up doing nothing. But, when we go out and make these requests, we need to have the
agreement with that organization either at the time of the request, or certainly before the award.
Now, in this case, the award took almost six months or four months. We still haven't gotten the
agreement with the -- I guess, the management agreement or revocable permit or what?
Mr. Ruder: The Use Agreement, yes.
Commissioner Teele: The Use Agreement. I would hope that we would have the Use Agreement
done before we do the ground breaking so that this is really a team effort. That's what the whole
Safe Neighborhoods bond program was about. And, so I am asking, Mr. Attorney that you work
with the Parks Department and with the facilities management and all of the people that have got
to get involved and get this thing done properly. And, again, Mister -- Is Jorge Luis here? In
any event, we'll take that up in terms of some of the activities associated with this. Mr.
Chairman, I don't have any other questions about the Hadley Park expansion other than to say
that I think it's important, Mr. Ruder, that you would get with the joint venture partner that we
have there and we would work with the Community Development Office to ensure that the
shortfall of some of the things— I know there is supposed to have been a jogging track for senior
citizens or something, that we work with Community Development Office now, CDBG
(Community Development Block Grant) Office, Ms. Warren's Office now, in making sure that
wherever we have a shortfall that at least they are able to compete whether it comes from the
Parks Department or the private, you know, the local partner that someone make those
applications.
Commissioner Teele: Mr. Chairman, the other issue is the status report on the Miami Limited.
And, the wonderful people from my district that were here the last meeting in a way that, you
know caught us a little bit by surprise. The Manager has filed a very comprehensive report and I
must say that 1 am encouraged with the quality of the report that has been filed, but essentially,
just for the record, the bottom line Commissioners and Mr. Manager is that, of 140 units
inspected, how many do you think passed? Only one. Of the 140 units that were inspected of
those people who came here from the Miami Limited properties, only one passed, and 108 failed
inspection. So, again, this says the people— the citizens are here for a reason. They are not here
out of frustration; they are here out of a real reason. And so, Ms. Warren I would like to just get
an update. I know that Congresswoman Meek had a meeting there. My office was contacted on
that and thank you all very much. And, I would just like to know where we stand on this.
Ms. Gwendolyn Warren (Director, Community Development): Where we are right now
Commissioner, as you can tell by the report, the summary version is that, we did in fact do a 100
percent inspection of all of the units. As the Commissioner has indicated, of the five buildings
which comprised 140 units, 29 are vacant or boarded up, 110 remain. Of the 110, 109 of them
were occupied. They all failed inspection and only occupied apartment passed inspection per our
169 July 13, 1999
contract and instructions by our legal counsel, the owner of the property was provided the legally
required 30-day notice to correct the deficiencies. The 30-days is up, and I think the date is
August 6th. On the 6th we will be sending I 1 inspectors back out to do 100 percent inspection,
and at that point in time we will file another report. The next process would be that we would
then go through the next legal phase which is either for extenuating circumstances which I do not
anticipate at this time. We would extend the time frame for those buildings that have been
identified previously and in this current 30-day notice we would then petition HUD (Department
of Housing and Urban Development) to go to the next stage. Also, tomorrow which is
Wednesday, we are implementing the Commission's directives to put a City on -site operation in
place. We will have a temporary housing structure and we will have something more permanent
in a couple of weeks. But, starting tomorrow at nine o'clock we will have counseling staff to
assist people with enrolling in training programs, in educational pursuits, we will have job
placement staff, on -site housing inspectors. We have coordinated with the local NET
(Neighborhood Enhancement Team), and we will have Code Enforcement. Today as we are
here, the Solid Waste Department is doing a clean up of the entire area. We will make that an on-
going practice. We have coordinated with the NET Office, with the Police Department. They will
also be providing stepped -up security and we have contacted several mental health facilities to
contract for counseling referral and psychiatric services on an on -needed, as needed basis for the
children and the families. We have also entered into contracts with both an electrical and
plumbing services. The -- if a plumbing or electrical issue arises and the Manager does not
immediately fix it before close of business that day, the Manager has authorized us to make the
repair and then bill. We have also entered into a contract with a rodent and pest control service
who will be doing their first 100 percent process this week, and will repeat it as needed, and
that's where we are now.
Vice Chairman Gort: Thank you.
Commissioner Teele: Ms. Warren, the only issue, I guess remaining is, are we able to bring in
any of those employees in the Workforce Development as, on part-time basis or something to
help us monitor what's going on and all of that? And, if we are, I think that would be positive in
terms of utilizing the workforce there.
Ms. Warren: We have, as you requested. Of the 27 Code Enforcement aides that were hired to
work in the City, several of the individuals are from that facility- from that housing development
area. But, what we are also doing is, we've contacted the WAGES (Work and Gains Economic
Self -Sufficiently Coalition) who are also going to be providing us staff so that we can identify
those individuals immediately who may be eligible for a work program, and we will be pursuing
that as a part of this onsite service.
Commissioner Teele: Thank you, very much Ms. Warren. Again, I am very encouraged with the
quality of the report and the comprehensiveness. There is one point that I would like you to give
me some assurance that you will look at. It's been reported to my office that some of the
maintenance people that work for the developer have made provisions sort of on the side to allow
homeless people or persons that are otherwise not legally residents live in the vacant buildings, at
least two of the vacant apartments have people living in them. Can we do a 100 percent
inspection of the vacant, the 20 or so vacant and make sure that those people get out. Because,
obviously people -- the reason that's it an issue is that people are in some ways attributing theft
to these people. I mean, they don't have -- they are not stakeholders or shareholders so, you get
my drift.
170 July 13, 1999
Ms. Warren: I do, and just for the -- a brief comment. The 29 boarded -up units, the contract with
Miami Limited II is for 140 units. The 29 units that are boarded -up are vacant are a part of those
149. He has been requested as a part of this review, and inspection to repair and prepare those 29
units for inspection. Any failure to do that within the time frame allotted, we will ask that those
con -- those units be taken out of the contract. That would be considered a significant violation.
We have notified him, and it's a major issue. And, yes, I do hear you.
Commissioner Teele: Thank you, very much.
Ms. Warren: OK.
Vice Chairman Gort: I have a question. Follow-up.
Ms. Warren: Yes, sir.
Vice Chairman Gort: When you say we have contracted 140 units, does that mean the City is
responsible for payment of those units?
Ms. Warren: We have a contract between the owner of Miami Limited II —
Vice Chairman Gort: Right.
Ms. Warren: ... between ourselves, HUD and the City of Miami. It's a 15-year contract, and it
was to provide housing assistance to these residents. The contract requires-- calls for us to have
140 units available.
Vice Chairman Gort: Right.
Ms. Warren: We know 29 of them are not available.
Vice Chairman Gort: My question is, does this gentleman receive revenues for 140 units?
Ms. Warren: He --
Vice Chairman Gort: He receives revenues for the vacant units?
Ms. Warren: Only for a certain time period. He doesn't -- it -- I think it's a 60-day eligibility for
payment, but that's it. So, it's not —
Vice Chairman Gort: In other words, a person walks out, this property owner will still get two
months paid rent even though its empty?
Ms. Warren: There is a partial payment for the time period that it's vacant, and then there is a
maximum time frame.
Vice Chairman Gort: And, who is responsible to bring the people back for rent? Does the HUD
quality -- the individual or the property owner?
171 July 13, 1999
Ms. Warren: The City of Miami qualifies the individuals, but we can only move a person in, if
the unit has been certified —
Vice Chairman Gort: Right.
Ms. Warren: -- as livable. With them being boarded -up, we can't certify them livable which is a
violation of the contract.
Vice Chairman Gort: OK, thank you.
Ms. Warren: OK.
;b2 ";DISCUSSION CONCERNING AN UPDATE ONIIM1 17 . A'YENUE CORRIDOR ;
Commissioner Teele: Mr. Chairman, the final item is the 17th Avenue Corridor issue, and it's a
little bit long. I am going to ask that that there be a brief presentation from the Planting
Department, and Madam Manager, however you want to handle it. But --
Ms. Ana Gelabert-Sanchez (Director, Planning Department): On the 17th Avenue Corridor,
Commissioner —
Unidentified Speaker: Your name.
Ms. Gelabert-Sanchez: Yeah, Ana Gelabert, Director of the Planning Department. The Planning
Department has conducted a preliminary survey of the land use and the zoning. We are presently
looking at the infrastructure, parking needs, sidewalk lighting that might be necessary and any
type of zoning amendments that that might require. We are looking at several options, and we
would like to continue working on those during this time.
Vice Chairman Gort: Let me ask you -- My understanding is, there are some developers that are
looking at the corners of 17th Avenue and 54th Street
Ms. Gelabert-Sanchez: I am not aware of that.
Vice Chairman Gort: I was told to go and talk to you.
Commissioner Teele: Say that again.
Vice Chairman Gort: There is some developer that came and talked to me about a project that
they want to do on 17th Avenue and 54th Street, Northwest, right across from the shopping
center. But, my understanding is, and it was a major national company, 1 can't recall which one
it was right now. But, they had a little problem because part of the land was commercial, but the
back of the land was, of the property was residential.
Ms. Gelabert: Residential. Well, I am not aware of that —
Vice Chairman Gort: You are not aware of that? OK.
172 July 13, 1999
Ms. Gelabert-Sanchez: -- particular company, but one of the issues that we are looking at --
Presently, whatever is fronting on 17th Avenue is— north of 54th is restricted commercial, south
of 54th is general commercial, and the situation is that happens in many other citywide areas is,
that we have a residential lot right behind it. There is right now provisions in the Zoning
Ordinance what we call the SD-12 which is a buffer district to allow for parking and that's just to
facilitate commercial property to expand, yet not intruding on a residential neighborhood. This —
and that's something that anyone right now citywide could come and apply and work with us and
they come to you.
Vice Chairman Gort: OK. What part?
Ms. Gelabert-Sanchez: We, on -- yeah, on the 17th Avenue Corridor we are looking at the —
because what it is — is we are looking at it as a pilot project. If it's going to be something that we
might like to recommend for the whole district of the 17th Avenue, that SD-12 that presently
exist.
Vice Chairman Gort: I think this is the northeast corner of, the northeast corner of 17th and 54th,
that's what they were looking at.
Ms. Gelabert-Sancliez: I'll check on that.
Vice Chairman Gort: Thank you.
Commissioner Teele: That's next to the Dairy Queen that — service station. Mr. Chairman,
members of the Commission. The Planning Department, I think is really beginning to attempt to
do a comprehensive analysis and I am really impressed and pleased with the quality and
professionalism of the product that they looking at. The challenge is 17th Avenue, and one of the
things — Commissioner Gort and I share 17th Avenue -- and I only wish you had been in the
meeting, well, I am glad you weren't in the meeting because that would have violated the
Sunshine Law, but -- But the meeting that was held ---
Vice Chairman Gort: It was a public meeting, right?
Commissioner Teele: -- recently about 17th Avenue, one of the observations is the dramatic
difference between 17th Avenue south of 112 where you have a vibrant community. I mean, it
literally is a bustling community. And, the area north of 112 where you have really just isolated
business activities. The goal of what we are trying to do is to say look, if you have got
unemployment at disproportionate levels in this area, this community development area of
Liberty City, Hadley Park, what can we do from a planning and development point of view to
create more jobs and create more business. The goal is to make 17th Avenue a viable business
corridor along with 7th Avenue along with Northeast 2nd Avenue in the areas that I represent as
well as other areas. And, one of the things that I think is very clear is the lack of infrastructure,
and Mr. Attorney, one of the things that I think we have got to look at, Madam Attorney, excuse
me — that we have got to look at is, how can we reclaim the traditional, municipal responsibility
of providing basic infrastructure which includes parking. One of the big mistakes that the City of
Miami has made in my judgment, when we transferred the responsibility for parking to Off -Street
Parking which was a good idea, and it has worked in what they have done. The responsibility for
a non-profitable parking fell right through the crack. In other words, and Mister— Commissioner
Gort, I think you were on the parking board at one time -- were you or? You know, as well,
173 July 13, 1999
better than any, most of us what Clark Cook and others say, they are not really interested in
building any parking infrastructure if it doesn't make money, right? And what is really impacting
our districts negatively is the fact that parking is an essential municipal function in— as a
governmental -- it's just like parks, sidewalks, parks, drainage, roads. Parking is a part of that
basic infrastructure. The basic infrastructure for parking, particularly in the community
development areas where there is not market place forces like in the Grove or on Brickell, is that
the parking has fallen right through the crack. And, one of the things that I am really hoping that
the Community Development Office would take under advisement between now and the next two
weeks -- and Ana, I hope you and Erdal will meet with Ms. Warren on this as we discussed
yesterday with the Manager, is that parking has got -- Non-profitable parking, business and
economic development parking must become elevated with the same dignity of other basic
municipal services in the community development target areas as sidewalks, drainage, lighting
and these other things. It's killing, it's starving off business development in these poor corridors
where you cannot expect the business owner to un -- to finance the cost of that. And, what I am
hoping is that money for example, for facades in the Liberty City area or the Hadley Park area
will be shifted from facades to a basic kind of infrastructure support such as lighting and parking
where we have identified that these areas are too dark and they don't have adequate parking, and
I really am encouraged. That only other thing, Madam Attorney, that I would is that you work
with the Planning Department and prepare a resolution for me or the appropriate building and
planning document to zone the 58th, 59th, 60th, 61st Street corridors which is the same area
where Ms. Warren was talking about where all of these Section 8's are to downzone that back to
where it was which is R-1, R-2 single family, or R-2 dual family residence. Somewhere along
the line somebody got smart and made this multifamily. It is -- it never should have been
multifamily. It has caused all sorts of problems, the problems that Ms. Warren just finished
talking about, and I would hope that that would be something that can come out of this. So, Mr.
Chairman, my request is that the Manager take this initial study, but fast track it and merge it and
catch it up to the five year plan before it comes up next week, so that we can provide more
support particularly on the 17th Avenue Corridor for parking through the— what do you call it,
SD-12?
Ms. Gelabert-Sanchez: The SD-12.
Commissioner Teele: The SD-12 with Community Development funds to implement the SD-12
so that the areas directly adjacent to the commercial areas which are otherwise residential, would
be reserved as buffer areas so that we can create more parking for this business corridor as well
as the other things. And, I really appreciate the professional attention that the Planning and
Development Offices have given this, and I would urge you to work closely with Community
Development.
Ms. Gelabert-Sanchez: Thank you very much.
Vice Chairman Gort: Thank you, Commissioner Teele.
63.-AUTHORIZE'INCREASE IN CONTRACT WITH ROYAL RENT A CAR, ($7$ 000), FOR?
AUTOMOBILE ,RENTAL SERVICE;: FOR' THE' DEPARTMENT 1 OF{ CO,IVIMUNITY;
Vice Chairman Gort: I think that takes care of the agenda items. Are there any pocket items?
174 July 13, 1999
Ms. Dena Bianchino (Asst. Director -Asset Management): Excuse me, Commissioner.
Vice Chairman Gort: Yes.
Ms, Bianchino: You need to go back to items nineteen and twenty which were tabled.
Commissioner Teele: Twenty-two?
Vice Chairman Gort: Just nineteen.
Mr. Walter J. Foemen (City Clerk): Yeah, 22.
Ms. Warren: Nineteen, twenty and twenty-two.
Commissioner Teele: Who held them up?
Mr. Donald H. Warshaw (City Manager): Me.
Ms. Bianchino: Plummer.
Ms. Warren: I know what his issues were.
Mr. Warshaw: We met with him during the break.
Vice Chairman Gort: What's nineteen?
Ms. Warren: It's the automobiles for Workforce Development and Community Development,
and one of the issues that the Commissioner had raised is whether or not the Community
Advisory Board had an opportunity, and had recommended this and as I informed him, the City
administrative budgets are set by the Commission. These are monies that were allocated, and
what we are trying to do is increase the purchase order and that's as a result of the summer
program which we are running, and also, the increase in our contracts and inspection staff. You
originally had allocated monies and that was prior to the summer program and prior to our
housing inspection unit and contracts unit. So, we are asking that that amount be increased, that's
what occurring in nineteen. Additionally, in item number twenty --
Vice Chairman Gort: OK, let's take nineteen first. Do I have a motion?
Commissioner Sanchez: Yeah. No, how many cars on nineteen?
Ms. Warren: Our department in total, I think we have twenty-one, and that would be for— we
have a staff of 145. The summer staff cars, there's eight. The housing inspection — we have
fourteen inspectors plus contracts, so about twenty-one automobiles. The City has not for the last
five years or so provided automobiles to our department, they are all funded through our grants.
Commissioner Teele: Is this grant money?
Vice Chairman Gort: Right. It's not in general funds.
175
July 13, 1999
Ms. Warren: Every dime of it.
Commissioner Teele: So moved.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved, and seconded. Is there any discussion? Hearing none.
This is a resolution. All in favor state so by saying "aye."
The Commission Collectively: "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-512
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
WITH ROYAL RENT -A -CAR, (HISPANIC/LOCAL VENDOR, 1406 N.W.
42ND AVENUE, MIAMI, FLORIDA). IN AN AMOUNT NOT TO EXCEED
$75,000, FOR AUTOMOBILE RENTAL SERVICE, UNDER BID NO. 95-96-
100, FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT;
ALLOCATING FUNDS THEREFOR FROM THE. DEPARTMENT OF
COMMUNITY DEVELOPMENT ACCOUNT CODES NOS.
184090.454007.610,184095.454011.610,184096.454012610,113010.590324,610
198007.630104.610,799601.459090.610 AND 703605.459007.610.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None.
ABSENT: Chairman J. L. Plummer, Jr.
176 July 13, 1999
Vice Chairman Gort: Item twenty.
Ms. Gwendolyn Warren (Director, Community Development): This issue with -- the current
contract under the first one for Royal Rent-A-Car, they had a three-year agreement with the City.
It ends at the end of August.
Commissioner Teele: Has this been coordinated with the Purchasing Department?
Ms. Warren: Yes, they sign off on all our agreements.
Commissioner Teele: So moved.
Vice Chairman Gort: It's been moved, is there a second?
Commissioner Sanchez: Second for discussion. CDBG (Community Development Block Grant)
funds, did Community Development Advisory Board, did they approve this?
Ms. Warren: They do not approve the City's administrative budget, the Commission does during
your budget hearings every year.
Vice Chairman Gort: Questions? OK, is there any further discussion?
Ms. Warren: The City's administrative budget is in there.
Vice Chairman Gort: Being none, all in favor state it by saying "aye."
The Commission Collectively: "Aye."
Vice Chairman Gort: OK, thank you.
Commissioner Teele: Now, I want to make a point. This is CD(Community Development)
funds, right?
Ms. Warren: Correct.
Commissioner Teele: Administrative --
Ms. Warren: And, Workforce Development, both. There is a combination. We have eight other
federal grants.
177 July 13, 1999
Commissioner Teele: I understand.
Ms. Warren: OK.
Commissioner Teele: But, you have got Community Development administrative funds, right?
Ms. Warren: This is what those are, these are. These are administrative budget, not program
funds.
Commissioner Teele: You see why they don't want the CRA (Community Redevelopment
Agency) using administrative --
Ms. Warren: Well, we have to do the inspections.
Vice Chairman Gort: All right.
Commissioner Teele: Just make sure you have got one car in there for the CRA.
Vice Chairman Gort: Do you have the? All in favor state it by saying "aye.:
The Commission Collectively: "Aye."
Vice Chairman Gort: No "nays." Thank you.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-513
A RESOLUTION APPROVING THE BID OF INTERAMERICAN CAR
RENTAL, INC., UTILIZING EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 5961-4/03, FOR THE PROVISION OF AUTOMOBILE
RENTAL SERVICE FOR THE DEPARTMENT OF COMMUNITY
DEVELOPMENT EFFECTIVE SEPTEMBER 1, 1999, AT AN ANNUAL
AMOUNT NOT TO EXCEED $125,000, ON AN AS -NEEDED CONTRACT
BASIS, THROUGH MAY 31, 2000,WITH THE OPTION TO EXTEND FOR
FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS AND WORKFORCE DEVELOPMENT GRANT FUNDS
ACCOUNT CODE NOS. 799302.452523.610,184096.454012.610 AND
184095.45401 l .610.
178
July 13, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None.
ABSENT: Chairman J. L. Plummer, Jr.
65 AUTHORIZE MANAGER----., TO 'REALLOCATE MONIES", APPROVED FOR THE
PIZOVISIOM OF AUTO :RENTAL: SEItVICfiS BY ROYAL RENT A'CAR,� NC ,'' ($306,240)
TO INTERAMERICAN CAR REIvTTAI;; BY INCREASING ITS CONTRACT,FROM�$545;2'0
TO, $ 12,480, FOR THE':POLICE` DEPARTMENT, ALLOCATING FUNDS ��TIREROR
FROM:THE LAW-;ENEC)RCEMENTTIZLTSfFUNll ; [Seeseciion #20] f ':{
Vice Chairman Gort: Is there any other pocket items.
Mr. Donald H. Warshaw (City Manager): We have one more item Commissioner, item twenty-
two.
Vice Chairman Gort: Twenty-two.
Commissioner Sanchez: That's a lot of money.
Mr. Warshaw: This is -- No, this item, Commissioner has no fiscal impact. Royal Rent-A-Car
has determined that they don't want to do business with the City anymore. We have a contract
with both Royal and Interamerican. This is shifting those same dollars that were previously
approved from Royal to Interamerican. However, Major Longueira wants to add, one -four
thousand dollar ($4,000) addition, which is from the Stop Violence Against Women grants —
Commissioner Teele: Mr. Chairman, I so move with the amendment of the four thousand dollars
($4,000). This is not a --
Police Major Longueira: Four thousand seven hundred and sixty.
Commissioner Teele: Four thousand seven -- This is not new money. This is money where a
contractor basically said "I don't want to do business with the City" for whatever reason, you
take too long to pay —
Vice Chairman Gort: You transfer it over.
179 July 13, 1999
Commissioner Teele: -- or whatever the issue is. And, this is merely just, I mean, this is the kind
of thing that really shouldn't have to come to us, to be honest with you. We have already done it.
I mean --
Commissioner Sanchez: Second.
Commissioner Teele: Its vendors with vendors that we selected.
Vice Chairman Gort: It's been moved and seconded. Is there any discussion?
Commissioner Teele: As amended.
Police Major Longueira: Just to be clear.
Vice Chairman Gort: As amended.
Police Captain Longueira: Commissioner, just to be clear, it's six hundred and seventeen
thousand two hundred and forty dollars ($617,240). That's the total amount now.
Vice Chairman Gort: OK. Right. All right.
Commissioner Teele: One question. Why did the vendor decide they don't want to do business
wit us, honestly? If you don't want to say —
Vice Chairman Gort: We take too long in paying.
Police Major Longueira: No, it's not a problem. The City was in a lawsuit. Based on the City's
position in the lawsuit, the vendor became unhappy with the City's position.
Commissioner Teele: Lawsuit with who?
Police Major Longueira: Referencing — regarding an accident, and based on our defense of the
lawsuit, the vendor became unhappy and doesn't want to do business.
Commissioner Sanchez: Second.
Vice Chairman Gort: OK, any further discussion? Being none, all in favor state it by saying
"aye."
The Commission Collectively: "Aye."
Vice Chairman Gort: No "nays."
Commissioner Teele: Mr. Chairman, may I inquire?
Vice Chairman Gort: Yes.
Commissioner Teele: When does the contract with the remaining vendor expire?
180
July 13, 1999
Police Major Longueira: No, it's a new -- Yeah, it's one-year renewal now, and then there is a
second one-year renewal - -
Commissioner Teele: OK, so, can we expect you all to come out with another bid for the second,
to replace the ones that's dropped out?
Ms. Judy Carter (Director, Purchasing Department): We have Inter American.
Police Major Longueira: No, in other words, last year when we bid it out —
Commissioner Teele: You had two bidders.
Police Major Longueira: Yeah, and -- but, we were going to award to one.
Vice Chairman Gort: To one, but —
Police Major Longueira: You asked us to split it to the two, and we did that. Now, he's dropped
out, everything is going to the one.
Ms. Carter: To the remaining one.
Commissioner Teele: All right.
Commissioner Sanchez: Thank you.
Commissioner Teele: Thank you.
66�DISCUSSION AFSMEUNION SETTLEMENT = $I 8 MILLION`SECTION [See Sectxon'r
Vice Chairman Gort: OK, Mr. Manager.
Mr. Donald H. Warshaw (City Manager): We have one more item, this is really for discussion
and information. I would like Sue Weller to just briefly give you an update regarding the
settlement of the agreements with AFSME (American Federation of State, County, and Municipal
Employees).
Ms. R. Sue Weller (Office of Labor Relations): Sue Weller, Labor Relations Officer. In 1996 as
a result of the City's fiscal crisis, AFSME entered into a concession agreement with the City to
either defer or to give up certain benefits that had been previously provided in their labor
agreements. And then in early 1998, AFSME filed a grievance stating that the City had violated
that concession agreement. I think yesterday, you received a memo from the City Manager
indicating that the grievance that had been filed by AFSME had been settled. The settlement
involves a one-time payment of four percent on wages earned for 33 pay periods which is the
period of time of June 8, 1997 through September 13, 1998 and will be paid to AFSME members
and retired AFSME members, individuals that were members during that period of time. The
total amount that will be paid out is one point eight million dollars ($1,800,000), and the payment
will come from regular departmental line item or salary line items. The employees receive this
181 July 13, 1999
payment in the next paycheck which I think is July 23rd, and it is anticipated that seven
departments will, as a result of this settlement, run short of funds at the end of the year and will
require an appropriations ordinance in the approximately four hundred thousand dollars
($400,000) range. The seven departments that will run short --
Commissioner Teele: Say that again.
Ms. Weller: As a result of this settlement, and this money being paid out, seven departments will
-- We are anticipating seven departments will run short of funds in their salary line items to a
dollar amount of approximately four hundred thousand dollars ($400,000) —
Vice Chairman Gort: Over budget, four hundred thousand dollars ($400,000).
Ms. Weller: -- which will require an appropriations ordinance prior to the end of the year.
Mr. Warshaw: Let me try to say that in reverse, that of the one point eight million, one point four
of it is available in the salary line items of the departments. So, there is four hundred thousand,
approximately, that will not be, will require in accordance with the anti -deficiency ordinance and
other appropriation issues that we bring it back in September.
Ms. Weller: And, the seven departments that we believe will be affected is the City Clerk's
Office; Public Facilities; GSA (General Services Administration); Building and Zoning;
Community Information; Purchasing and Professional Compliance. Any questions?
Vice Chairman Gort: OK. Thank you. Any questions? OK.
Commissioner Sanchez: It's a discussion?
APPOINT=MARIA IyIEDIE TO CHARTER REVIEW AND REFORM COMMT EE �,
Vice Chairman Gort: Any pocket items?
Commissioner Sanchez: I have a pocket item, if I may, Mr. Vice Chair?
Vice Chairman Gort: Go ahead, sir.
Commissioner Sanchez: Concerning the Charter Review Committee, due to the resignation of
Vicky Garcia -Toledo from the Charter Review Committee, I respectfully request that misses, Ms.
Maria Medel replace misses, Ms. Garcia -Toledo as soon as possible.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved, and seconded. Is there any discussion? Being none, all
in favor state it by saying "aye"
The Commission Collectively: "Aye."
182 July 13, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-515
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM
COMMITTEE.
(Note for the Record: Commissioner Sanchez nominated Maria Medel.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
NAYS: None.
ABSENT: Chairman J. L. Plummer, Jr.
Commissioner Teele: There is a meeting tomorrow, right?
Vice Chairman Gort: Any other pocket items?
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Chairman, you know, let me tell you something. Now, I don'tknow
what all this was about tliat just happened.
Vice Chairman Gort: I can tell you.
Commissioner Teele: But, but, I want to be very, very, clear. I support the collective bargaining
process. There is no way I would ever vote against a settlement of a grievance that the
management and the union have agreed on. And, Charlie Cox is looking too anxious to let this
thing just go without me saying to you -- Charlie, I support it. I am going to say that on the
record. But, again, as it relates to the whole issue of the anti -deficiency, and the bigger issue that
if there is dollars there, there is a rule. If there is dollars there, the staff will figure out a way to
183 July 13, 1999
spend it, OK. This one point eight million dollars ($1,800,000), 1 assume with us taking no
action means that no action has been taken. Is that right, Madam Attorney?
Ms. Maria Chiaro (Assistant City Attorney): That's correct.
Commissioner Teele: And, I am assuming that we are not going to take an action until there is a
comprehensive budget document that comes forward-- huh?
Commissioner Sanchez: He will take action; tie just doesn't need to say additional action --
toward an agreement settlement.
Commissioner Teele: No, but this is the point. An agreement settlement that costs money has got
to come here first under the anti -deficiency.
Commissioner Sanchez: No, no.
Mr. Donald H. Warshaw (City Attorney): It doesn't. And, the reason this was brought to you is
because the settlement calls for the employees to be paid in the next pay period. And, what we
are saying is, to put you on notice and make you aware, we are going to have to come back --
Commissioenr Sanchez: Yeah,
Mr. Warshaw: -- with an appropriations —
Commissioner Teele: That's one of those exceptions where you get to do the union stuff, the
union language in the anti -deficiency, it gives the Manager that authority. But, I just want to say
this, this is a classic example of spending money before the end of the year to make sure that the
numbers come out right. In a real, in a perfect world, this would not come forward this way; it
would not be done this way. I am not objecting to it, but what I am saying is, that if you didn't
have one million eight dollars ($1,800,000), you wouldn't be spending it right now, and you
would be -- The management would be trying to get a phase over period, paying it over two or
three years, the same way we did last year on the matters relating to the Law Department where
we had these settlements and we moved them from the July -August meeting to the October
meeting. And, the point is, there is money there, now you see it, now you don't, one point eight
million just left.
Vice Chainnan Gort: Mr. Manager.
Mr. Warshaw: Commissioner, and you are right about that, the money is there; we are able to
spend it. But, the flip side of that is, we are projecting to come in this year with a surplus,
probably in the area of four to five million dollars ($5,000,000), So, it's because of the things we
are able to do this year, that we have got that money there, and we don't have to go elsewhere to
find the dollars to, you know, meet the terms of the settlement.
Vice Chairman Gort: My understanding is, even if we would have a deficit, we would have to
make this payment.
Commissioner Teele: If he had had a deficit lie wouldn't have agreed to it. He would have
stretched it out.
184 July 13, 1999
Commissioner Teele: The issues that are underlying here are not one-year issues. How long did
— Mr. Cox how long has this issue been going on — the issues that?
Vice Chairman Gort: Two years.
Mr. Charlie Cox (President, General Employees, AFSCME (American Federation of State,
County and Municipal Employees): Twenty-one months.
Commissioner Teele: Huh?
Mr. Cox: Twenty-one months.
Vice Chairman Gort: Two years.
Commissioner Teele: Twenty-one months. And, that's my only point, is that the timing is being
driven because what you are going to see now is that if there is money there it's going to get
spent. And, the point is, and the only point that I am making, Lion, I am not opposing this.
Mr. Warshaw: I know.
Commissioner Teele: I am merely saying that I believe that these are the kinds of agreements
that if the union would work with us in terms of really trying to get tax relief to the citizens --
You know, if this were being moved from July to October -- If this were a eight -week
movement that would be half of, that would be at least one-third of the tax relief we are
promising the citizens.
Vice Chairman Gort: I understand.
Commissioner Teele: And, the tax relief is always going to be the last thing that happens,
because that's the way it works in local government.
Mr. Warshaw: Commissioner, if I can just add? And, I know what you are saying about the
timing, but it's somewhat of a coincidence. There was an arbitration scheduled on this grievance
for this summer, and what we looked at is that the absolute bare exposure we had was almost
three and half million dollars ($3,500,000) plus a contract re -opener with AFSME. So, we felt it
was in our best interest, and the union agreed to settle this now, and not expose ourselves to three
point five plus that re -opener, but I understand your point, sir.
Commissioner Teele: Mr. Manager, I am not at all taking a shot or quarreling with you on it.
Mr. Warshaw: I understand.
Commissioner Teele: I am really trying to suggest to Mr. Cox, Mr. Charlie Cox, really, you
know, the guy is sitting back there grinning like a Cheesy [phonetic] cat, you know, he's happy
as a jackass in a briar patch, you know. He's just, he can't contain himself. But, the fact of the —
but, the fact of the matter is, is that the unions have done so much to keep this City alive, and I
can't ask the union, nor can anyone else up here, I think, ask the unions to do more. But, the fact
of the matter is, if this could have been rolled for nine weeks, it would have a one point eight
185 July 13, 1999
million dollar ($1,800,000) impact on our budget situation that we are trying to provide the five
million, the five tenths of a mil, or roughly, what is it? Six million. What's five tenths of a mil?
Seven million --
Commissioner Sanchez: Six million.
Mr. Warshaw: Six million.
Commissioner Teele: Six million dollar ($6,000,000) relief. But again, I am not objecting. The
only thing that I would ask the other City Attorney, Madam Attorney, but Mr. Attorney is, can we
get a solution and a settlement with the police union before we break next week, the summer, on
those police, those lawsuits?
Vice Chairman Gort: Pending case now.
Commissioner Teele: Huh? Because, you know, again, life is going on. And, the lieutenants'
list is going to come out soon. I mean, you are going to have a lot of problems. And, I would
really want to take this opportunity to, Mr. Manager and Mr. Attorney to encourage you all, to
make a settlement with the police union on those, and those interested parties on that sergeants'
issue and those other issues relating to that case which was brought here about a month ago when
we sort of blew it apart, and now we are back out of the box. I would hope that you all would
consider getting here next — at the next Commission meeting. Thank you, Mister
Vice Chairman Gort: Thank you. Is there any other business? Can I have a motion to adjourn?
Commissioner Teele: So moved.
Vice Chairman Gort: Moved.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:12 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
COMMISSIONER J. L. PLUMMER, JR.
CHAIRMAN
(SEAL)
186 July 13, 1999