HomeMy WebLinkAboutCC 1999-07-27 MinutesCITY OF MIAMI
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Ib 96
COMMISSION
MINUTES
OF MEETING HELD ON JULY 27, 1999 ( Regular Commission Meeting)
(Continued August 2, 1999)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foenran/City Clerk
ITEM NO.
1.
INDEX
MINUTES OF REGULAR COMMISSION MEETING
July 27,1999
(Continued August 2, 1999)
�i11: i [KI_I
LEGISLATION
ANNOUNCEMENTS RELATED TO ORDER OF THE DAY 7/27/99
— COMMENTS RELATED TO PRESENTATION OF DISCUSSION
PARKING SURCHARGE. 1 2
2. PRESENTATIONS & PRESENTATIONS
(A) PALM GROVE NEIGHBORHOOD ASSOCIATION -
UPPER EASTSIDE CITIZENS FOR YOUTH.
(B) ORANGE BOWL PANTHERS, CHAMPIONSHIP
WINNERS
(C) OUTSTANDING EMPLOYEES OF CITY: ROBERT
WEBB AND LT. WILLIAM NICHOLS
COMMENDATIONS.
3. CONSENT AGENDA
(A) LOCAL VENDORS SHOULD HAVE PREFERENCE
(B) INCLUDE HOPE CENTER IN LIST OF PROSPECTIVE
VENDORS FOR JANITORIAL AND MAINTENANCE
SERVICES
(C) DISCUSSION RE: SHRINKERS PARADE & DOLPHINS
USE OF ORANGE BOWL (See section # 50)
3.1 ACCEPT BID OF COASTAL MARINE
INTERNATIONAL, INC., ,FOR REMOVAL AND
REPLACEMENT OF 4 VESSEL DRY STORAGE RACK
SYSTEMS AT MARINE STADIUM MARINA, FOR THE
DEPARTMENT OF CONFERENCES, CONVENTIONS &
PUBLIC FACILITIES, ($118,000); ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENTS
PROGRAM
7/27/99
DISCUSSION
2
7/27/99
DISCUSSION
2-12
7/27/99
R 99-516
13
3.2
ACCEPT BID OF TITAN CONSTRUCTION GROUP,
7/27/99
INC., FOR FURNISHING AND INSTALLATION OF A
R 99-517
SHELTER AT LINCOLN PARK, FOR THE
13
DEPARTMENT OF PARKS AND RECREATION, ($8,500);
ALLOCATING FUNDS FROM SAFE NEIGHBORHOOD
PARK BOND PROGRAM FUNDS APPROPRIATED IN
SECTION VI OF APPROPRIATIONS AND CAPITAL
IMPROVEMENTS ORDINANCE NO. 11705.
3.3
ACCEPT BID OF AUTO EQUIPMENT CO., INC., FOR
7/27/99
PROCUREMENT AND INSTALLATION OF IN-
R 99-518
GROUND VEHICLE LIFT AT FIRE GARAGE, FOR THE
14
DEPARTMENT OF FIRE -RESCUE, ($68,750).
3.4
ACCEPT BID OF F&L CONSTRUCTION, INC., FOR
7/27/99
"CITYWIDE SIDEWALK REPLACEMENT PROJECT
R 99-519
PHASE XV, B-4616" ($312,108); ALLOCATING FUNDS
14
FROM CAPITAL IMPROVEMENT AND
APPROPRIATIONS ORDINANCE NO. 11705, ($312,108
THE CONTRACT COST, $28,892 EXPENSES, TOTAL
ESTIMATED COST OF $341,000).
3.5
ACCEPT BID OF METRO EQUIPMENT SERVICE,
7/27/99
INC., FOR "KINLOCH PARK WATER MAIN
R 99-520
EXTENSION (SECOND BIDDING), B-4613" ($48,539);
15
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
AND APPROPRIATIONS ORDINANCE 11705, ($48,539
THE CONTRACT COST AND $8,861 EXPENSES, TOTAL
ESTIMATED COST OF $57,400).
3.6
ACCEPT BID OF PRIME ELECTRICAL
7/27/99
CONTRACTORS, INC. FOR PROVISION OF
R 99-521
ELECTRICAL MAINTENANCE SERVICES AT MIAMI
15
RIVERSIDE CENTER (MRC), ($5,000 FOR INITIAL
PERIOD AND IN AN ANNUAL AMOUNT NOT TO
EXCEED $15,000 FOR EACH ADDITIONAL ONE-YEAR
PERIOD); ALLOCATING FUNDS THEREFOR FROM THE
MRC BUDGET.
3.7
APPROVE RENTAL OF OFFICE TRAILERS, FROM
7/27/99
WILLIAM SCOTSMAN, AND TRANSPORT
R 99-522
INTERNATIONAL POOL, INC., D/B/A G.E. CAPITAL
16
MODULAR SPACE, FOR OPERATIONS OF USER
DEPARTMENTS, ON AN AS -NEEDED BASIS AWARDED
PURSUANT TO EXISTING MIAMI-DADE COUNTY
CONTRACT, SUBJECT TO FURTHER EXTENSIONS BY
MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM
VARIOUS USER DEPARTMENTS SUBJECT TO BUDGET
APPROVAL AT TIME OF NEED.
3.8 ACCEPT BIDS OF COMMUNICATIONS SYSTEMS
ENGINEERING, EXPRESS RADIO INC., BEARCOM,
FIRST COMMUNICATIONS, SUPERIOR
COMMUNICATIONS, INC., MULTIPLIER
INDUSTRIES CORP., AND MOTOROLA, INC., FOR
PURCHASE OF PORTABLE RADIO PARTS AND
ACCESSORIES, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, ($85,000); ALLOCATING
FUNDS FROM GENERAL SERVICES ADMINISTRATION,
COMMUNICATIONS DIVISION.
3.9 APPROVE PURCHASE OF TWO -HORSE TRAILER
FROM C & S TRAILER SALES, INC., FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO BE USED BY THE DEPARTMENT
OF POLICE MOUNTED PATROL UNIT, ($12,466.12);
FUNDS ALLOCATED FROM LAW ENFORCEMENT
BLOCK GRANT.
3.10 APPROVE CITYWIDE PROCUREMENT OF PAPER,
FROM UNISOURCE, PAPER HOUSE, MAC PAPER,
INC., AND XPEDX, AWARDED PURSUANT TO
EXISTING MIAMI-DADE COUNTY CONTRACT FOR THE
DEPARTMENT OF PURCHASING, ON A SPOT MARKET
BASIS UNTIL JUNE 30, 2000, SUBJECT TO FURTHER
EXTENSION BY MIAMI-DADE COUNTY; ALLOCATING
FUNDS FROM VARIOUS USER DEPARTMENTS AND
REQUIRING BUDGETARY APPROVAL PRIOR TO
USAGE.
3.11 APPROVE PROCUREMENT OF FURNITURE FROM
VARIOUS VENDORS, AWARDED PURSUANT TO
EXISTING MIAMI-DADE COUNTY CONTRACT AND
STATE OF FLORIDA CONTRACT FOR VARIOUS CITY
DEPARTMENTS ON AN AS -NEEDED CONTRACT BASIS,
SUBJECT TO FURTHER EXTENSIONS BY MIAMI-DADE
COUNTY AND THE STATE OF FLORIDA; ALLOCATING
FUNDS FROM VARIOUS USER DEPARTMENTS AND
REQUIRING BUDGETARY APPROVAL PRIOR TO
USAGE.
7/27/99
R 99-523
16
7/27/99
R 99-524
17
7/27/99
R 99-525
17
7/27/99
R 99-526
18
3.12 APPROVE CONTRACT FROM WAREFORCE, INC.,
FOR CITYWIDE ACQUISITION OF MICROSOFT
LICENSES AND MAINTENANCE, FOR THE
DEPARTMENT OF PURCHASING, AWARDED
PURSUANT TO EXISTING STATE OF FLORIDA
CONTRACT, SUBJECT TO FURTHER EXTENSION BY
THE STATE OF FLORIDA; ALLOCATING FUNDS FROM
VARIOUS USER DEPARTMENTS AND REQUIRING
BUDGETARY APPROVAL PRIOR TO USAGE.
3.13 AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENT, WITH 215t
CENTURY SOLUTIONS, ($29,930), FOR COLLECTION
OF BASELINE DATA AND' ESTABLISHMENT OF
EVALUATION COMPONENT, COMPLIANCE WITH
THE GUIDELINES ESTABLISHED BY THE COMMUNITY
ORIENTED POLICING OFFICER GRANT PROGRAM, FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS
FROM THE SCHOOL BASED PARTNERSHIP GRANT.
3.14 AUTHORIZE MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENT(S) WITH
INDIVIDUALS TO SERVE AS SPECIAL MASTERS TO
PRESIDE OVER VEHICLE IMPOUNDMENT
PROCEEDINGS, RENDER WRITTEN FINDINGS AND
RULINGS, ($69,000), FOR THE DEPARTMENT OF
POLICE.
7/27/99
R 99-527
18
7/27/99
R 99-528
19
7/27/99
R 99-529
19
3.15 AUTHORIZE CAP ON USER FEE ($5,000) FOR MIAMI 7/27/99
DOLPHINS SCRIMMAGE TO BE HELD AUGUST 7, R 99-530
1999 AT THE ORANGE BOWL STADIUM. 20
3.16 CLASSIFY SURPLUS PREFABRICATED FINGER PIER 7/27/99
DECK SECTIONS AS SURPLUS --- DONATE TO R 99-531
COCONUT GROVE SAILING CLUB -- AUTHORIZE 20
MANAGER TO EXECUTE RELEASE DOCUMENTS
STIPULATING COST OF REMOVAL OF THE PIER
SECTIONS WILL BE THE RESPONSIBILITY OF THE
COCONUT GROVE SAILING CLUB, INC.
3.17 AUTHORIZE FUNDING OF POLICE ATHLETIC 7/27/99
LEAGUE ("PAL") PROGRAM, AND ALLOCATE R 99-532
FUNDS ($155,625), FROM LAW ENFORCEMENT TRUST 21
FUND.
3.18
AUTHORIZE MANAGER TO EXECUTE MUTUAL AID
7/27/99
AGREEMENT WITH THE SCHOOL BOARD FOR
R 99-533
RENDERING MUTUAL LAW ENFORCEMENT
21
ASSISTANCE.
3.19
AUTHORIZE MANAGER TO EXECUTE
7/27/99
PROFESSIONAL SERVICES AGREEMENT WITH
R 99-534
FLORIDA INSTITUTE OF GOVERNMENT AT
22
FLORIDA ATLANTIC UNIVERSITY, TO PROVIDE
TECHNICAL SUPPORT TO OFFICE OF THE CLERK
FOR RECORD SERVICES ($7,000); ALLOCATING
FUNDS THEREFOR FROM THE SPECIAL REVENUE
FUND ENTITLED MIAMI MUNICIPAL ARCHIVES AND
RECORDS MANAGEMENT PROGRAM.
3.20
AUTHORIZE MANAGER TO EXECUTE
7/27/99
INTERAGENCY AGREEMENT, WITH MIAMI-DADE
R 99-535
COUNTY PUBLIC SCHOOLS, LOCAL POLICE
22
AGENCIES, CLERK OF COURT, MIAMI-DADE
COUNTY CIRCUIT COURT JUVENILE DIVISION,
STATE ATTORNEY OF THE ELEVENTH JUDICIAL
CIRCUIT, AND DEPARTMENT OF JUVENILE
JUSTICE, DISTRICT 11, FOR COORDINATING
EFFORTS AMONG AGENCIES TO ACHIEVE
MAXIMUM PUBLIC SAFETY WITH THE GOAL OF
REDUCING JUVENILE CRIME.
3.21
AUTHORIZE FUNDING OF LAW ENFORCEMENT
7/27/99
OFFICER'S CHARITABLE FOUNDATION (LEO), AND
R 99-536
ALLOCATE FUNDS ($100,000), FROM LAW
23
ENFORCEMENT TRUST FUND.
4
DISCUSS AND TABLE CONSIDERATION OF
7/27/99
PROPOSED ASSIGNMENT OF VINCAM
DISCUSSION
OCCUPATIONAL HEALTH SERVICES (VOHS)
23-27
AGREEMENT, FOR THE PROVISION OF MANAGED
CARE SERVICES FOR WORKERS' COMPENSATION
TO OCCUPATIONAL HEALTH SERVICES INC. (See
section # 87)
5
DISCUSS PROPOSED CHARTER AMENDMENTS -
7/27/99
SCHEDULE CONSIDERATION OF SAME FOR 2 P.M.
R 99-537
THIS AFTERNOON. (see sections # 9, 64, 71, 72, 73, 74,
27 32
95, 96, 99, 100, 101,102)
6 RATIFY, APPROVE, CONFIRM MANAGER'S
7/27/99
FINDING OF SOLE SOURCE; AND WAIVE
R 99-538
REQUIREMENTS FOR COMPETITIVE SEALED BIDS;
32-34
APPROVE PROVISION OF E-911 MAINTENANCE
SERVICES, FROM LUCENT TECHNOLOGIES, INC.,
THROUGH ITS PUBLIC SAFETY SYSTEMS AND
BUSINESS COMMUNICATIONS SYSTEMS, FOR THE
DEPARTMENT OF POLICE ($129,624); ALLOCATING
FUNDS FROM THE E-911 SPECIAL REVENUE
OPERATING BUDGET.
7 (A) DISCUSS AND TABLE CONSIDERATION OF
7/27/99
PROPOSED SECOND READING ORDINANCE re
DISCUSSION
SPECIAL REVENUE FUNDS FOR COMMUNITY
34-57
DEVELOPMENT BLOCK GRANT (TWENTY-FIFTH
YEAR) - (CDBG) PROGRAM INCOME AS APPROVED
BY DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD); HOME INVESTMENT
PARTNERSHIP (HOME) - EMERGENCY SHELTER
GRANT (ESG) - AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) — 5 YEAR
CONSOLIDATED PLAN. (See section 12, 54, 94)
(13) DISCUSS RESOLUTION CONCERNING 5-YEAR
CONSOLIDATED PLAN OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(C) CONTINUE DULY 27, 1999 MEETING TO AUGUST 2,
1999, AT 10:00 AM — SCHEDULE PUBLIC HEARING re
SOCIAL SERVICE AGENCIES.
(D) WITHDRAWAL OF REGULAR ITEM 12 BY
APPLICANT.
8 PRESENTATION ON PARKING FACILITIES
7/27/99
SURCHARGE PROGRAM.
DISCUSSION
57-64
9 DISCUSSION re CHARTER AMENDMENTS:
7/27/99
PROPOSALS DISCUSSED BUT NOT ADOPTED:
M 99-539
• PROCUREMENT CHANGES;
M 99-540M
99-541
PUBLIC INFRASTRUCTURE/LOCAL
M 99-542
IMPROVEMENTS
M 99-542.1
7 MEMBER COMMISSION DISTRICT
R 99-543
DIRECT CITY ATTORNEY TO DRAFT BALLOT
R 99-544
LANGUAGE FOR NOVEMBER 1999 CHARTER
R 99-545
69-129
AMENDMENTS:
• DISPOSITION OF CITY -OWNED PROPERTY
• STRONG MAYOR FORM OF GOVERNMENT
• AUDITOR GENERAL
[See sections Nos. 5, 64, 71, 72, 73, 74, 95, 96, 99, 100, 101,
1021
10
DEFER CONSIDERATION OF PROPOSED MAJOR
7/27/99
USE SPECIAL PERMIT FOR BRICKELL BAY
M 99-546
VILLAGE APARTMENTS PROJECT AT 2101-2105
129-130
BRICKELL AVENUE TO ALLOW MULTIFAMILY
HIGH RISE.
11
(A) DISCUSSION re OVERTOWN NET SERVICE
7/27/99
CENTER
DISCUSSION
(13) DECAL PARKING SYSTEM IN SPRING GARDEN
130-144
(C) PHONES TO BE MANNED 7 DAYS A WEEK FOR
NET SERVICE CENTERS.
12
(A) APPROVE 5 YEAR CONSOLIDATED PLAN.
7/27/99
(13) SECOND READING ORDINANCE: ESTABLISH
M 99-547
NEW SPECIAL REVENUE FUNDS AND APPROPRIATE
ORDINANCE 11817
144-153
FUNDS: COMMUNITY DEVELOPMENT BLOCK
GRANT (TWENTY-FIFTH YEAR) - $12,731,000 AND
$3,500,000 OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM INCOME AS APPROVED
BY THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR A TOTAL
APPROPRIATION OF $16,231,000 CDBG FUNDS;
HOME INVESTMENT PARTNERSHIP (HOME) -
$4,881,000; EMERGENCY SHELTER GRANT (ESG) -
$452,000; AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) $8,418,000. (See
sections # 7, 54, 94).
13
ALLOCATE $2,278,555 OF 25TH YEAR COMMUNITY
7/27/99
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO
R 99-548
AGENCIES CURRENTLY FUNDED UNDER THE
153-177
PUBLIC SERVICES CATEGORY THAT HAVE MET
PROGRAMMATIC REQUIREMENTS OF THE 24TH
YEAR CDBG CONTRACT; AND FURTHER
DIRECTING THE CITY MANAGER TO SOLICIT
REQUESTS FOR PROPOSALS TO ALLOCATE $986,926
OF CDBG FUNDS TO PROVIDE PUBLIC SERVICE
PROJECTS IN THE EDISON LITTLE RIVER,
FLAGAMI, LITTLE HAVANA, MODEL CITY AND
OVERTOWN AREAS OF THE CITY OF MIAMI FOR
THE PERIOD JANUARY 1, 2000 - SEPTEMBER 30, 2000 —
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD TO REVIEW AND RECOMMEND —
ACCOUNTING FIRM TO AUDIT AGENCIES'
PERFORMANCE — 5 YEAR PLAN TO INCLUDE
COMMITTEE MEMBERS' NAMES.
14 EMERGENCY ORDINANCE: AMEND ORDINANCE
NO. 11463, WHICH ESTABLISHED A SPECIAL
REVENUE FUND ENTITLED "LOCAL LAW
ENFORCEMENT BLOCK GRANT PROGRAM";
PROVIDE FOR INCREASE ($47,732.04) -- PROVIDE
FOR APPROPRIATIONS; CORRECT SCRIVENER'S
ERRORS IN ORDINANCE NOS. 11463, 11547, 11680, 11686
AND 11783 TO ACCURATELY REFLECT THE AMOUNTS
APPROPRIATED TO SAID FUND BY EACH ORDINANCE
AND TO SPECIFY THE AMOUNTS OF EACH GRANT.
15 SECOND READING ORDINANCE: ESTABLISH NEW
SPECIAL REVENUE FUND "COPS 3-1-1"; TO
ESTABLISH INITIAL RESOURCES AND
APPROPRIATIONS, AND AUTHORIZE
EXPENDITURES, ($423,737), CONSISTING OF GRANT
FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES, COPS
TECHNOLOGY GRANT AWARD; AUTHORIZE
MANAGER TO ACCEPT GRANT AND EXECUTE THE
NECESSARY DOCUMENT(S).
16 AUTHORIZE MANAGER TO ISSUE REQUEST FOR
PROPOSALS (RFP) TO PROVIDE PROFESSIONAL
TECHNICAL CONSULTING SERVICES TO
DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION, POLICE AND FIRE -RESCUE,
PURSUANT TO ISSUANCE OF REPORT OF
CITYWIDE 800 MHZ TRUNKED RADIO SYSTEM
WITH RECOMMENDATIONS FOR REPAIRS,
MODIFICATION, OR OTHER UPGRADES;
AUTHORIZE MANAGER TO SUBMIT HIS
RECOMMENDATIONS TO COMMISSION.
17 PROPOSED MILLAGE RATE FOR CITY OF MIAMI,
FOR FISCAL YEAR OCTOBER 1, 1999 TO
SEPTEMBER 30, 2000; MANAGER TO SUBMIT TO
MIAMI-DADE COUNTY PROPERTY APPRAISER AND
TAX COLLECTOR TOGETHER WITH THE DATE, TIME
AND PLACE OF THE PUBLIC HEARING AT WHICH THE
CITY COMMISSION WILL CONSIDER THE PROPOSED
MILLAGE RATE AND THE CITY' S TENTATIVE BUDGET
FOR SAID FISCAL YEAR.
7/27/99
ORDINANCE 11818
177-179
7/27/99
ORDINANCE 11819
179-180
7/27/99
R 99-549
180-181
7/27/99
R 99-550
181-183
18 AUTHORIZE DOWNTOWN DEVELOPMENT ("DDA") 7/27/99
AUTHORITY TO ESTABLISH PROPOSED MILLAGE R 99-551
RATE OF ONE-HALF (1/2) MILL, FOR FISCAL YEAR 183-184
OCTOBER 1, 1999 TO SEPTEMBER 30, 2000;
COMMUNICATION OF SAID PROPOSED MILLAGE
RATE TO THE MIAMI DADE COUNTY TAX
COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF PUBLIC HEARINGS AT WHICH THE MIAMI
CITY COMMISSION WILL CONSIDER THE PROPOSED
MILLAGE RATE AND THE DDA TENTATWE BUDGET.
19 METHOD TO ASSESS SOLID WASTE COSTS 7/27/99
AGAINST ASSESSED PROPERTY (TAX NOTICE); R 99-552
PREPARATION OF ASSESSMENT ROLL. 185-186
20 REQUEST FOR QUALIFICATIONS FOR THE 7/27/99
PROVISION OF SOLID WASTE HAULING OF R 99-553
COMMERCIAL, BIOMEDICAL RECYCLABLE, 186-191
AND/OR HAZARDOUS MATERIALS. (See section # 22)
21 AUTHORIZE ENGAGEMENT OF LOCKE LIDDELL & 7/27/99
SAPP, LLP, LAW FIRM BANKRUPTCY MATTER OF R 99-554
FLYING BOAT, INC. d/b/a PANAM AIRBRIDGE, (AKA 191-192
CHALK'S), U.S. BANKRUPTCY COURT FOR THE
NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION;
ALLOCATE FUNDS ($32,000), PLUS COSTS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
22 DISCUSS ADVISORY COMMITTEE RELATED TO 7/27/99
SOLID WASTE HAULING OF COMMERCIAL, DISCUSSION
BIOMEDICAL RECYCABLE AND/OR HAZARDOUS 193
MATERIALS. (See section # 20)
23 RECONSIDER PRIOR DEFERRAL -- ACCEPT BID OF 7/27/99
BEST'S MAINTENANCE & JANITORIAL SERVICES, 55 R 99-
INC., FOR CUSTODIAL SERVICES FOR POLICE 194-197
($269,220) — WILL HIRE CITY RESIDENTS AND
DEVELOPMENTALLY DISABLED PERSONS FROM
HOPE CENTER — EEO PROFILE REQUESTED.
24 APPOINTMENT OF CHARLIE COX (AFSCME), 7/27/99
LAURENCE WRIGHT AND JAMES TURNER (CIGU) AS R 99-557
MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY 197-198
OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST.
25
AUTHORIZE INCREASE IN CONTRACT ($200,000),
7/27/99
WITH MIAMI BUSINESS TELEPHONE, QUALITY
R 99-558
WIRING, INC., AND FLORIDA INTRANET GROUP,
198-199
FROM $200,000 TO A TOTAL ANNUAL AMOUNT OF
$400,000, FOR TELECOMMUNICATIONS WIRING, FOR
DEPARTMENT OF INFORMATION TECHNOLOGY AS -
NEEDED CONTRACT BASIS FOR VARIOUS
DEPARTMENTS; ALLOCATING FUNDS FROM
OPERATING BUDGETS OF USER DEPARTMENTS.
26
EMERGENCY ORDINANCE: AMEND CODE SECTION
7/27/99
38-9 "PARK FEES FOR THE USE OF VIRGINIA KEY
ORDINANCE 11820
PARK" TO SPECIFY THAT PARK FEES AT VIRGINIA
200-202
KEY PARK SHALL BE FOR THE USE OF BEACH
FACILITIES — JIMBO'S FISH MARKET.
27
EMERGENCY ORDINANCE: AMEND 11655 WHICH
7/27/99
ESTABLISHED SPECIAL REVENUE FUND "1997
ORDINANCE 11821
SUPER NOFA'S SHP (SUPPORTING HOUSING
202-204
PROGRAM) GRANT FOR OUTREACH SERVICES TO
THE HOMELESS," TO INCREASE APPROPRIATIONS
TO SAID FUND, (S449,622), CONSISTING OF FUNDS
FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("US HUD"),
ADMINISTERED THROUGH THE MIAMI-DADE
COUNTY HOMELESS, FOR THE PROVISION OF
OUTREACH, INFORMATION, REFERRAL, ASSESSMENT
AND PLACEMENT SERVICES TO HOMELESS
INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANTS.
28
DISCUSS AND TABLE: PROPOSED AMENDMENT OF
7/27/99
CODE RELATED TO IMMOBILIZATION OF MOTOR
DISCUSSION
VEHICLES (BOOT CARS) PARKED ON PRIVATE
204-205
PROPERTY WITHOUT PERMISSION OR AUTHORITY
— CONSIDER PASSING AS EMERGENCY. [See section #
571
29
DISCUSS AND TABLE: PROPOSED SUNSETTING THE
7/27/99
INDEPENDENT COMMUNITY REDEVELOPMENT
DISCUSSION
AGENCY AND U.S. HOUSING AND URBAN
205-206
DEVELOPMENT FUNDING POLICY, PROGRAM AND
PROCEDURES REVIEW COMMITTEE. [See section #
561
30 SECOND READING ORDINANCE: AMEND CODE
SECTION 40-97 (a) (1) "PERSONNEL/CIVIL SERVICE
RULES AND REGULATIONS," TO EXTEND THE
PROBATIONARY PERIOD FOR CLASSIFICATION OF
POLICE OFFICER FROM CURRENT LIMIT OF 18
MONTHS TO A FLEXIBLE PERIOD OF NOT LESS
THAN 18 MONTHS AND NO MORE THAN 24
MONTHS.
31 SECOND 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, 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.
32 RESCIND 98-1211, WHICH ALLOCATED $320,000 IN
HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS (HOPWA) PROGRAM FUNDING TO THE
PROPOSED EVERGLADES CENTER APARTMENTS
PROJECT; AUTHORIZE / DIRECT MANAGER TO
ALLOCATE $320,000 IN FY 1998-99 HOME
INVESTMENT PARTNERSHIP (HOME) PROGRAM
FUNDS TO THE EVERGLADES CENTER
APARTMENTS PROJECT, CONSISTING OF 42 UNITS,
TO BE LOCATED IN THE DOWNTOWN TARGET AREA
AT 282 NORTHEAST 2ND STREET; AUTHORIZE
MANAGER TO SUBMIT AMENDMENT TO THE CITY OF
MIAMI'S 1998 ANNUAL ACTION PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR ALLOCATION OF SAID FUNDS.
33 SECOND READING ORDINANCE: AMEND 11638,
WHICH ESTABLISHED INITIAL RESOURCES AND
APPROPRIATIONS FOR SPECIAL REVENUE FUND:
"WEED AND SEED ASSET FORFEITURE," TO
INCREASE SAID APPROPRIATIONS ($50,000), GRANT
FROM U.S. DEPARTMENT OF JUSTICE, FEDERAL
BUREAU OF INVESTIGATION ("FBI").
7/27/99
ORDINANCE 11822
206-208
7/27/99
ORDINANCE 11823
208-209
7/27/99
R 99-559
209-216
7/27/99
ORDINANCE 11824
216-217
34 SECOND READING ORDINANCE: AMEND CODE
SECTION 31-50 "LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS/OCCUPATIONAL
LICENSES," BY AMENDING THE 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.
7/27/99
ORDINANCE 11825
217-219
35 DESIGNATE OMNI AREA AS THE CITY'S ARTS, 7/27/99
ENTERTAINMENT AND MEDIA DISTRICT. R 99-560
219-221
36
FIRST READING ORDINANCE: AMEND CODE
7/27/99
SECTIONS 2-887 AND 2-892
FIRST READING ORD.
"ADMINISTRATION/BOARDS, COMMITTEES,
221-222
COMMISSIONS," TO ESTABLISH THE PARKS
ADVISORY BOARD.
37
PROPOSED FIRST READING ORDINANCE: AMEND
7/27/99
CHAPTER 53/ARTICLE IV, OF THE CODE.
FIRST READING ORD.
"CONVENTION CENTER OF THE CITY OF
222-223
MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT,"
CHANGING RATE SCHEDULE- FOR USE AND
OCCUPANCY AND FOR SERVICES IN CONNECTION
WITH MIAMI CONVENTION CENTER.
38
EMERGENCY, WAIVER OF REQUIREMENTS FOR
7/27/99
COMPETITIVE SEALED BIDS, AUTHORIZE
M 99-561
MANAGER TO SOLICIT INFORMAL BIDS FOR
224-225
THREE (3) SAFE NEIGHBORHOOD PARK BOND
PROGRAM (SNPBP) PROJECTS: MOORE PARK
($1,070,000), VIRRICK PARK ($1,500,000), AND
SHENANDOAH PARK ($900,000). [See lable # 41]
39
PROHIBIT VEHICULAR ACCESS, SUBJECT TO THE
7/27/99
APPROVAL OF MIAMI-DADE COUNTY TRAFFIC
R 99-562
DIRECTOR, TO SOUTHWEST 15TH AVENUE BETWEEN
225-226
ITS INTERSECTION WITH SOUTHWEST 8TH STREET
AND THE SOUTHERLY PROPERTY LINE OF
DOMINO PARK, TO PERMIT DEVELOPMENT OF A
PUBLIC PEDESTRIAN PLAZA.
40
EMERGENCY WAIVER OF REQUIREMENTS FOR
7/27/99
COMPETITIVE SEALED BIDS FOR THE AUDIO,
R 99-563
VISUAL AND CONCESSION EQUIPMENT FOR THE
227-228
CITY -OWNED TOWER THEATER; AND
AUTHORIZING THE CITY MANAGER TO SOLICIT
INFORMAL BIDS AND EXECUTE A CONTRACT, WITH
THE LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER(S); ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. 322061, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT
ORDINANCE NO. 11705.
41
EMERGENCY WAIVER OF REQUIREMENTS FOR
7/27/99
COMPETITIVE SEALED BIDS, AUTHORIZE
R 99-564
MANAGER TO SOLICIT INFORMAL BIDS FOR
228 229
THREE (3) SAFE NEIGHBORHOOD PARK BOND
PROGRAM (SNPBP) PROJECTS: MOORE PARK
($1,070,000), VIRRICK PARK ($1,500,000), AND
SHENANDOAH PARK ($900,000), AUTHORIZE
MANAGER TO ENTER INTO AGREEMENT(S), WITH
LOWEST RESPONSIBLE AND RESPONSIVE BIDDER(S) -
- ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT. (See label # 38)
42
DEFER CONSIDERATION OF PROPOSED FIRST
7/27/99
READING ORDINANCE TO AMEND CODE SECTION
M 99-565
50-310 "SHIPS, VESSELS AND WATERWAYS/CITY
230-233
MARINAS/COMMERCIAL VESSELS"; TO ALLOW
CURRENT SIGHTSEEING BOAT DOCKAGE
AGREEMENT HOLDERS OPERATING WITHIN THE
INSIDE BASIN OF MIAMARINA TO OPERATE A
SECOND SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS.
43
ACCEPT BID OF D.E. GIDI & ASSOCIATES
7/27/99
CORPORATION ($59,108) FOR ORANGE BOWL
R 99-566
SOFTBALL FIELD FENCING B-6286 — ALLOCATE
233-235
FUNDS FROM CAPITAL IMPROVEMENT
ORDINANCE 11705.
44
CLASS II SPECIAL PERMIT -- 219 EAST FLAGLER
7/27/99
STREET MURAL
R 99-567
235-238
45
MIAMI HEAT PLAN FOR TRAFFIC CONTROL DURING
7/27/99
ARENA EVENTS - AMERICAN AIRLINES ARENA
R 99-568
TRAFFIC MANAGEMENT PLAN - 601 BISCAYNE
239-249
BOULEVARD - ZONING DEVELOPMENT ORDER
[Applicant: Basketball Properties / Judith Burke].
0 .0
46
DISCUSS CENTENNIAL COMMITTEE LETTER
7/27/99
REGARDING FUNDS.
DISCUSSION
249
47
ACCEPT PLAT: PERFORMING ARTS CENTER OF
7/27/99
MIAMI.
R 99-569
249-250
48
AUTHORIZE PURCHASE OF PAINT - DONATE SAME TO
7/27/99
UNITED WAY FOR RESTORATION OF TOWN PARK
R 99-570
NORTH, A PRIVATELY OWNED COOPERATIVE
251-252
COMPLEX LOCATED IN OVERTOWN - ALLOCATE
$25,000.
49
URGE MANAGER TO MEET WITH BEACON COUNCIL,
7/27/99
MIAMI-DADE COUNTY AND EMPOWERMENT ZONE
R 99-571
TO ASSIST IN RETENTION OF POMPEII FURNITURE
252-253
INDUSTRIES (PFI) IN CITY LOCATION, 255 N.W. 25
STREET.
50
DISCUSS SHRINER'S PARADE (See labels #3-D and #92).
7/27/99
DISCUSSION
254
51
AUTHORIZE MANAGER TO INCREASE
7/27/99
COMMUNITY DEVELOPMENT BLOCK GRANT
R 99-572
(CDBG) ALLOCATION FOR THE EXTENDED PERIOD
255-257
OF JULY 1 - SEPTEMBER 30, 1999 CDBG CONTRACT
PERIOD BY $28,002 FOR PREVIOUSLY APPROVED
ECONOMIC DEVELOPMENT AGENCIES THAT HAVE
SURPASSED PROGRAMMATIC REQUIREMENTS
UNDER THE TERMS OF THE CURRENT CDBG
CONTRACT THROUGH DUNE 30, 1999 FOR THE
PURPOSE OF CONTINUING THE COMMERCIAL
FACADE PROGRAM. BY COMMISSIONER SANCHEZ
REQUEST FOR REPORT ON FACADE PROGRAM.
52
AMEND NO. 99-427 TO INCREASE ALLOCATIONS
7/27/99
APPROVED FOR COMMUNITY DEVELOPMENT
R 99-573
BLOCK GRANT ACTIVITIES FROM OCTOBER 1, 1998
257-259
TO SEPTEMBER 30, 1999, IN ORDER TO INCLUDE
ALLOCATIONS FOR THE COMMUNITY BASED
ORGANIZATIONS KNOWN AS JEWISH FAMILY
SERVICES AND THE CITY OF MIAMI OFFICE OF
HOMELESS PROGRAMS.
53 GRANT EXTENSION TO EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION FOR
(90) DAYS AFTER EXECUTION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT AND SHIP
PROGRAM FUNDING AGREEMENTS IN WHICH TO
COMMENCE CONSTRUCTION OF THE PROPOSED
LATIN QUARTER SPECIALTY CENTER PROJECT TO
BE LOCATED AT 1435, 1453 AND 1461 SOUTHWEST 8Tx
STREET.
54 DISCUSS CONCERNS RELATED TO ESTABLISHING
FOUR (4) NEW SPECIAL REVENUE FUNDS AND
APPROPRIATING COMMUNITY DEVELOPMENT
BLOCK GRANT (TWENTY-FIFTH YEAR) - $12,731,000
AND $3,500,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS
APPROVED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) FOR A TOTAL
APPROPRIATION OF $16,231,000 CDBG FUNDS;
HOME INVESTMENT PARTNERSHIP (HOME) -
$4,881,000; EMERGENCY SHELTER GRANT (ESG) -
$452,000; AND HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) $8,418,000.[See
sections # 7, # 12, #54, and # 94].
55 DISCUSS: MR. THELBERT JOHNAKIN, FROM MODEL
CITY CRIME PREVENTION -- FUND RAISING
ACTIVITIES IN AN EFFORT TO PROVIDE BETTER
SECURITY FOR 1) THE REAR ELECTRIC GATE AND
ELECTRIC DOOR AND 2) THE REAR SECURITY
SURVEILLANCE CAMERA AT THE MODEL CITY
NORTH SUBSTATION, ALSO, REQUEST FOR REPAIR TO
RUG.
56 DEFER CONSIDERATION OF PROPOSED
EMERGENCY ORDINANCE TO SUNSET THE
INDEPENDENT COMMUNITY REDEVELOPMENT
AGENCY AND U.S. HOUSING AND URBAN
DEVELOPMENT FUNDING POLICY, PROGRAM AND
PROCEDURES REVIEW COMMITTEE AND
REVOKING ALL OF SAID COMMITTEE'S POWERS,
DUTIES, PRIVILEGES AND FUNCTIONS. [See section
291
7/27/99
R-99-574
259-260
7/27/99
DISCUSSION
260-261
7/27/99
DISCUSSION
262
7/27/99
M 99-575
262-263
57
DEFER CONSIDERATION OF PROPOSED FIRST
7/27/99
READING ORDINANCE TO AMEND THE CODE
M 99-576
"TOWING OF MOTOR VEHICLES;" TO RENAME
263-265
SAID ARTICLE AS "TOWING AND
IMMOBILIZATION OF MOTOR VEHICLES;"
RELATING TO THE IMMOBILIZATION OF
VEHICLES PARKED ON PRIVATE PROPERTY
WITHOUT PERMISSION OR AUTHORITY;
REQUIRING IMMOBILIZATION CONTRACTORS TO
OBTAIN OCCUPATIONAL LICENSES (BOOT CARS).
[See section 281.
58
(A) CONSIDER (MOTION FAILED) PROPOSED
7/27/99
REVOCABLE LICENSE AGREEMENT WITH
DISCUSSION
DISCSC
TIMELESS ENTERPRISE, INC., FOR USE OF
265-29
APPROXIMATELY 4,088 SQUARE FEET OF SPACE IN
THE OVERTOWN SHOPPING CENTER LOCATED AT
1490 NW 3RD AVENUE, SPACES 105 AND 106;
(B) REQUEST LEGISLATION REQUIRING MANAGER TO
BRIEF EACH COMMISSIONER ON MATTERS
AFFECTING THEIR RESPECTIVE DISTRICTS
(C) MAKE BUSINESS DEVELOPMENT A PRIORITY OF
THE OVERTOWN SHOPPING CENTER - PROMOTE JOBS
IN AREA.
59
ACCEPT RECOMMENDATION OF MANAGER TO
7/27/99
APPROVE FINDINGS OF EVALUATION COMMITTEE
M 99-577
TO ACCEPT PROPOSAL OF MERCY MEDICAL
269-270
DEVELOPMENT DB/A MERCY OUTPATIENT
CENTER TO PROVIDE EMPLOYMENT AND ANNUAL
PHYSICAL EXAMINATIONS AND HEPATITIS B
IMMUNIZATION FOR DESIGNATED PERSONNEL.
[See section 61 ]
60
ACCEPT BID OF A-1 DURAN ROOFING, INC., FOR
7/27/99
"RECREATION BUILDING ROOF REPLACEMENT,
R 992778
B-3266 A, B & C" ($99,000); ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT ORDINANCE NO. 11705.
61 ACCEPT RECOMMENDATION OF MANAGER TO 7/27/99
APPROVE FINDINGS OF THE EVALUATION M 99-579
COMMITTEE TO ACCEPT THE PROPOSAL OF R 99-580
272-275
MERCY MEDICAL DEVELOPMENT DB/A MERCY
OUTPATIENT CENTER TO PROVIDE EMPLOYMENT
AND ANNUAL PHYSICAL EXAMINATIONS AND
HEPATITIS B IMMUNIZATION FOR DESIGNATED
PERSONNEL, ($744,923 PER YEAR) -- ALLOCATE
FUNDS FROM DEPARTMENT OF HUMAN RESOURCES,
DEPARTMENT OF FIRE -RESCUE, AND DEPARTMENT
OF POLICE. [See section 59]
62 ACCEPT BID OF MARIN & MARIN CONSTRUCTION, 7/27/99
INC., FOR "WATSON ISLAND BOAT RAMP & DOCKS R 99-581
REPLACEMENT PROJECT, B-6314" ($239,556.22); 276-277
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
AND APPROPRIATION ORDINANCE NO. 11705.
63 AUTHORIZE MANAGER TO NEGOTIATE AND 7/27/99
EXECUTE A CONTRACT WITH VALUATION R 99-582
RESOURCE MANAGEMENT, INC. (VRM), AS THE 278-279
MOST QUALIFIED FIRM, UNDER THE EXISTING
SEMINOLE COUNTY CONTRACT TO CONDUCT AN
INVENTORY, VALUATION AND BAR-CODING OF
ALL TANGIBLE PROPERTY OF THE CITY OF
MIAMI, FOR THE DEPARTMENT OF FINANCE,
($50,000); ALLOCATE FUNDS FROM THE FINANCE
DEPARTMENT.
64 (A) DISCUSS PROPOSED CHARTER AMENDMENT
RELATED TO STRONG MAYOR FORM OF
GOVERNMENT
(B) PROVIDE TEN-DAY PERIOD FROM DAY
COMMISSION PASSES LEGISLATION WITHIN
WHICH STRONG MAYOR COULD VETO SAME
(C) PROVIDE TERM LIMITS FOR STRONG MAYOR
AND COMMISSIONERS
(D) STRONG MAYOR TO APPOINT / FIRE
DEPARTMENT HEADS - COMMISSION CANNOT
OVERRULE FIRING OF SAME
(E) ELECTION FOR STRONG MAYOR ON MARCH 14,
2000 TO REQUIRE MAJORITY VOTE FOR WINNER
OR SCHEDULE RUNOFF ON MARCH 28, 2000
(F) CHAIRPERSON OF COMMISSION TO PREPARE
COMMISSION MEETING AGENDAS - STRONG
MAYOR TO SUBMIT ITEMS
(G) NO OFFICES OR POSITIONS SHALL BE
CREATED, FILLED OR APPOINTED BY STRONG
MAYOR WITHOUT SPECIFIC BUDGETARY
APPROVAL OF CITY COMMISSION
(H) STRONG MAYOR CANNOT RECOMMEND TO
COMMISSION PAY SCALES FOR CITY OFFICIALS
AND EMPLOYEES NOR FIX SALARIES AND WAGES.
[See sections Nos. 5, 9, 71, 72, 73, 74, 95, 96, 99, 100, 101,
102]
65 VOUCHER SYSTEM TO ASSIST FAMILIES LIVING IN
MODEL CITY (N.W. 15 AVENUE FROM 59 THROUGH
62 STREETS) — WORK WITH CONGRESSIONAL
DELEGATION AND US HUD IN DEVELOPMENT AND
IMPLEMENTATION OF PLAN — COMMUNITY
DEVELOPMENT TO MAINTAIN LIST OF CURRENT
AND FORMER RESIDENTS.
66 (A) COMMENTS RELATED TO LT. WATKINS AND
WEST COCONUT GROVE.
(B) REQUEST STUDY AND POSSIBLE COPY OF
GOVERNMENT ACCESS CABLE PROGRAMS USED
BY SOUTH MIAMI
(C) COMMENTS RELATED TO VEHICLE
IMPOUNDMENT PROGRAM FINES
7/27/99
M 99-583
M 99-584
M 99-585
M 99-586
M 99-587
M 99-588
M 99-589
280-318
7/27/99
R 99-590
318-322
7/27/99
DISCUSSION
322-323
67 DISCUSS: WORKERS' COMPENSATION — ALLEGED 7/27/99
ABUSES. DISCUSSION
324-325
68
CAPITAL IMPROVEMENT PROJECTS - IMPROVE
7/27/99
DRAINAGE SYSTEMS TO PREVENT FLOODS -
DISCUSSION
COMFORT CANAL PROBLEMS - CONTACT
325-328
DIRECTOR OF DEPARTMENT OF
TRANSPORTATION RELATED TO S.W. 8 STREET
AND 44 AVENUE ISSUE.
69
(A) DISCUSS PUBLIC SERVICE PROGRAMS ON NET 9
7/27/99
CABLE TELEVISION
DISCUSSION
(B) DEFER CONSIDERATION OF . PROPOSED
329
AFFORDABLE HOUSING MULTI -FAMILY BUILDING
ON CIVIC CENTER SITE (1700 N.W. 14 AVENUE).
70
DISCUSS: CARNIVAL FOR INDEPENDENCE OF
7/27/99
CENTRAL AMERICA AND MEXICO PROPOSED TO
DISCUSSION
BE HELD IN N.W. 7 STREET BETWEEN 18 AND 22
329-330
AVENUES - MANAGER TO ASSIST WITH
ATTEMPTING TO LOWER COSTS OF BARRICADES
AND CITY SERVICES.
71
DISCUSSION RE: CHARTER AMENDMENT - STRONG
7/27/99
MAYOR FORM OF GOVERNMENT - CHAIRPERSON /
M 99-591
VICE CHAIRPERSONS OF STANDING COMMITTEES _
330-349
CHAIRMAN / VICE CHAIRMAN OF CITY COMMISSION -
NO CHANGE ON APPOINTMENT OF MEMBERS TO
BOARDS.
72
DISCUSSION RE: CHARTER AMENDMENT -
7/27/99
INDEPENDENT AUDITOR GENERAL - SEND TO
M 99-592
OVERSIGHT BOARD AND STATE COMPTROLLER
349-360
GENERAL.
73 DISCUSSION: CHARTER AMENDMENTS - CITY -OWNED 7/27/99
PROPERTIES - NON -WATERFRONT VALUE $500,000 OR LESS M 99-593
- 7,500 SQUARE FEET OR LESS - UNIFIED DEVELOPMENT M 99-594
PROJECTS - COUNTY DELINQUENT TAX LAND PROPERTY. 361-377
74 DIRECT ATTORNEY TO DRAFT CHARTER AMENDMENT 7/27/99
TO LIMIT TERMS OF STRONG MAYOR AND R 99-595
COMMISSIONERS. 378-380
75 CONSIDER OPERATING AGREEMENT WITH MIAMI- 7/27/99
DADE CULTURAL AFFAIRS COUNCIL TO ENSURE R 99-596
VITALITY OF GUSMAN CENTER OF PERFORMING 380-389
ARTS (HALL).
9
76
SECOND READING ORDINANCE: ZONING CHANGE AT
7/27/99
1975 N.W. 12 AVENUE TO ADD SD-10 JACKSON
ORDINANCE 11826
MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY
389-390
DISTRICT FOR UNIFIED HOSPITAL' DEVELOPMENT
[applicant: Public Health Trust].
77
SECOND READING ORDINANCE: COMPREHENSIVE
7/27/99
NEIGHBORHOOD PLAN ZONING CHANGE (AMEND
ORDINANCE 11827
10544) AT 38880 N.W. 7 STREET FROM MULTIFAMILY
390-392
MEDIUM DENSITY RESIDENTIAL TO RESTRICTED
COMMERCIAL TO ALLOW UNIFIED COMMERCIAL
DEVELOPMENT ON BLOCK. [applicant: Hasred, Inc./Ben
Fernandez].
78
SECOND READING ORDINANCE: ZONING CHANGE
7/27/99
(AMEND 11000) - 3880 N.W. 7 STREET FROM R-3
ORDINANCE 11828
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-
392-393
1 RESTRICTED COMMERCIAL TO ALLOW UNIFIED
COMMERCIAL DEVELOPMENT ON BLOCK. [Applicant:
Hasred, Inc.Ben Fernandez]
79
SECOND READING ORDINANCE: COMPREHENSIVE
7/27/99
NEIGHBORHOOD PLAN CHANGE (AMEND 10544) - 16,
ORDINANCE 11829
20, 24 AND 28 N.W. 36 COURT FROM DUPLEX
393-396
RESIDENTIAL TO RESTRICTED COMMERCIAL TO
ALLOW UNIFIED COMMERCIAL DEVELOPMENT OF
BLOCK. [Applicant Eduardo, Inc./Jerry Proctor] REQUEST
OF COMMISSIONER REGALADO FOR APPLICANT TO
WORK WITH SURROUNDING BUSINESSES.
80 SECOND READING ORDINANCE: ZONING CHANGE
7/27/99
(AMEND 11000) - 16, 20, 24 AND N.W. 36 COURT FROM
ORDINANCE 11830
R-2 TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER
397
OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL TO ALLOW UNIFIED COMMERCIAL
DEVELOPMENT ON BLOCK. [Applicant: Educardo,
Inc./Jerry Proctor]
81 SECOND READING ORDINANCE: AMEND ZONING
7/27/99
ORDINANCE 11000 TO ALLOW FOR PRIVATE
ORDINANCE 11831
FUNCTIONS AT CLUBS OR LODGES BY MEMBERS OF
398
THE GENERAL PUBLIC. [Applicant: Planning Department.]
82 SECOND READING ORDINANCE: AMEND ZONING
7/27/99
ORDINANCE 11000 TO ALLOW SINGLE FAMILY AND
ORDINANCE 11832
DUPLEX DEVELOPMENT IN THE R-3 AND R-4 ZONING
399-400
DISTRICTS TO UTILIZE SAME BUILDING CRITERIA AS
THE R-1 AND R-2 ZONING DISTRICTS. [Applicant:
Planning Department].
83
COMMENTS REGARDING COMPLIANCE OF
7/27/99
COVENANT FOR LANDSCAPING AT 1900 BRICKELL
DISCUSSION
AVENUE.
401
84
COMMENTS REGARDING DOWN ZONING IN AREA OF
7/27/99
N.W. 17 AVENUE FROM 56 THROUGH 61 STREETS.
DISCUSSION
401-403
85
AUTHORIZE MANAGER TO EXTEND
7/27/99
PROFESSIONAL SERVICES AGREEMENT
R 99-597
AUTHORIZED PURSUANT TO RESOLUTION 96-805
403-406
WITH KPMG, LLP, FOR THE PROVISION OF
EXTERNAL AUDITING SERVICES FOR THE CITY OF
MIAMI FOR THE FISCAL YEAR 1999; ALLOCATE
FUNDS ($350,000)
86
AUTHORIZE INCREASE IN CONTRACT WITH ZIP
7/27/99
MAILER, INC., ($5,000), FROM $7,364.50 TO $12,364.50,
R 99-598
FOR MAILING SERVICES, FOR THE DEPARTMENT OF
407-409
FINANCE; REQUEST BY CHAIRMAN PLUMMER TO
LOOK INTO PROVIDING SELF-ADDRESSED RETURN
ENVELOPE.
87
ACKNOWLEDGE AND APPROVE ASSIGNMENT OF
7/27/99
VINCAM OCCUPATIONAL HEALTH SERVICES
R 99-599
(VOHS) AGREEMENT, FOR THE PROVISION OF
409-419
MANAGED CARE SERVICES FOR WORKERS'
COMPENSATION TO OCCUPATIONAL HEALTH
SERVICES INC. - (CHECK FOR POSSIBLE
INTERLOCAL AGREEMENT DRAWING OFF SCHOOL
BOARD OR COUNTY.)
88
AUTHORIZE CONTINUING ENGAGEMENT OF LAW
7/27/99
FIRM OF DAVIS WEBER & EDWARDS FOR LEGAL
R 99-600
SERVICES IN CONNECTION WITH BEDMINSTER
419-421
SEACOR SERVICES V. THE CITY OF MIAMI,
ALLOCATE FUNDS ($125,500), PLUS COSTS AS
APPROVED BY THE CITY ATTORNEY, FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND.
89 SUPPORT OF PARROT JUNGLE & GARDENS OF 7/27/99
WATSON ISLAND PROJECT - DELAYS ARE NOT M 99-601
RESULT OF PARROT JUNGLE. 421-424
90 APPOINT DANIEL RICKER, BRUNO CARNESELLA, 7/27/99
HENRY GIVENS, ELENA CARPENTER, ROBERT R 99-602
MASRIEH, FRANK BALZABRE, LEE MARKS, MARK 424-426
SARDEGNA, SUSAN BILLIG AS MEMBERS OF THE
COCONUT GROVE PARKING ADVISORY
COMMITTEE.
0
91 APPOINT ROBERT FRAZIER AS MEMBER OF CIVIL 7127199
SERVICE BOARD. R 99-603
426-427
92 (A) SPRING GARDEN MANAGEMENT AGREEMENT 7/27/99
CLEARED INSURANCE; R 99-604
(B) MANAGER TO ASSIST ORGANIZERS OF 427-429
SHRINER'S PARADE TO BE HELD IN DOWNTOWN
MIAMI - $5,000 IN SERVICES.
93 OPERATION GREEN LEAVES "FET CHAMPET" 7/27/99
HAITIAN FESTIVAL -- $3,500 IN KIND FOR SOUND R 99-605
EQUIPMENT AND STAGING. 429-430
94 AMEND R-99-429 - GRANT APPLICATION - 5 YEAR 7/27/99
(1999-2004) CONSOLIDATED PLAN - RECOMMENDED R 99-606
FUNDING PROJECTIONS FOR COMMUNITY 431-432
DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIPS, EMERGENCY
SHELTER GRANT (ESG), HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) TO USHUD [See
sections Nos. 7, 12, 541.
95 DISCUSSION - CHARTER AMENDMENTS — CITY 7/27/99
ATTORNEY REQUEST RECESS TO ALLOW HIM TIME TO DISCUSSION
REVIEW DOCUMENTS. 432-434
96 SCHEDULE MEETING AUGUST 16'rH IN THE EVENT 7/27/99
MAYOR VETOES CHARTER AMENDMENT(S). M 99-607
434-437
97 CONDOLENCE WISHES TO COMMISSIONER TEELE 7/27/99
FOR FATHER'S PASSING AWAY TODAY - DISCUSSION
CONTRIBUTIONS TO OVERTOWN OPTIMIST CLUB 437
INSTEAD OF FLOWERS.
98 COMMENDATION TO MARIA "JOSIE" ARGUDIN, 7/27/99
ASSISTANT CITY CLERK, FOR GOOD WORK DISCUSSION
PERFORMANCE. 437-438
99 PROPOSED CHARTER AMENDMENT NO. 3: ESTABLISH 7/27/99
POSITION OF INDEPENDENT AUDITOR GENERAL AND R 99-608
THE OFFICE FOR SAME 438-440
100(A) NO. 4: TO ELIMINATE REQUIREMENT OF REFERENDUM 7/27/99
FOR SALE OR LEASE OF NON -WATERFRONT, CITY- R 99-609
OWNED PROPERTY WHEN VALUE OF SAME IS $500,000 440-443
OR LESS.
100(B) NO. 5: TO EXEMPT FROM PROVISIONS OF SEC. 29-B THE 7/27/99
CONVEYANCE OF CITY -OWNED NON -WATERFRONT R 99-610
PROPERTY TO ADJACENT PROPERTY OWNER WHEN 443-445
SUBJECT PROPERTY IS 7,500 SQUARE FEET OR LESS OR
WHEN SAME IS NOT BUILDABLE.
100(C) NO. 6: TO REQUIRE THE INVOLVEMENT OF PUBLIC 7/27/99
HAVING EXPERTISE IN FIELD OF REAL ESTATE R 99-611
DEVELOPMENT OR RELATED TECHNICAL AREAS 445-447
AND/OR WHO RESIDE WITHIN VICINITY OF PROPOSED
UNIFIED DEVELOPMENT PROJECT (UDP) SITE - ALLOW
COMPETITIVE PROCESS FOR UDP TO BE CONDUCTED A
SINGLE REQUEST FOR PROPOSALS (RFP).
100(D) NO. 7: TO EXEMPT FROM 29-B AND COMPETITIVE BID 7/27/99
REQUIREMENTS THE SALE OR LEASE OF COUNTY R 99-612
DELINQUENT TAX LAND PROPERTY ACQUIRED By 447-448
COUNTY WHICH HAS BEEN CONVEYED TO CITY.
101 PROPOSED CHARTER AMENDMENT NO. 2: PROVIDE 7/27/99
FOR TERM LIMITS FOR MAYOR AND COMMISSIONERS R 99-613
COMMENCING WITH NOVEMBER 2001. 449-451
102 PROPOSED CHARTER AMENDMENT NO. l: PROVIDE 7/27/99
FOR STRONG MAYOR -COMMISSION FORM OF R 99-614
GOVERNMENT. 452-454
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th 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 9:55 a.m. by Chairman 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)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
1. ANNOUNCEMENTS RELATED TO ORDER OF THE .DAY — COMMENTS RELATED TO
PRESENTATION OF PARKING SURCHARGE.
Chairman Plummer: If you're hereon any of the following items, you can go home: Item 26 --let's see what
they are, by the way. [Item 6 is a first reading on alcoholic beverages, relating to full course meals. Item 42
is legal services in reference to Chalk Air -- I'm sorry. Forty-two, discussion of a management contract for
Off -Street Parking. Item 51 is in reference to Edgewater Neighborhood Jubilee Community Development,
and PZ-10, I don't have with me now. But PZ-10 has also been pulled. The reference to the NET
(Neighborhood Enhancement Team) Office Presentation, what item is that? What number is that? Item 44
is the NET Service Center, that presentation will be done after 3 p.m. And Jubilee has been pulled, so that's
not necessarily after six. Again, the Mayor has called and asked that the ceremonial items be held until his
arrival at 9:40. No, we will wait for all ceremonial items at one time. Is anybody here from Off -Street
Parking? Also, Item 44, which is the NET Office, will be heard after 3 p.m. Also, there will be a special
presentation, for people that are involved, of the Parking Surcharge, which will be from 1:30 until 2 o'clock
this afternoon. Ladies and gentlemen, for the last time I'll make this announcement. If any of you are here
on Items 26, 42, 51 or PZ-10, those items have been pulled by the Manager.
Vice Chairman Gort: Which ones?
Chairman Plummer: Items -- again, Items 26, 42, 51 and PZ-10. The item of the NET Office
July 27, 1999
Administration Presentation will be after 3 p.m. The Parking Surcharge Presentation, put on by the
Administration, for purposes of people who will be involved in that area, will be from 1:30 until 2. Further
announcement is, if we do not complete today's agenda, the remaining portions will be continued until
Thursday. We're hopeful that we will get the agenda finished today but, if not, because we take vacation the
month of August, that, in fact, we will continue to Thursday. The Mayor has asked that we wait until his
arrival for the purpose of ceremonial, and that's why we're in abeyance at the present time. We now have a
full Commission.
2. PRESENTATIONS
A) PALM GROVE NEIGHBORHOOD ASSOCIATION -UPPER-EASTSIDE CITIZENS FOR
YOUTH
B) ORANGE BOWL PANTHERS, CHAMPIONSHIP WINNERS
C) OUTSTANDING EMPLOYEES OF CITY: ROBERT WEBB AND LT. WILLIAM NICHOLS
COMMENDATIONS
Mayor Carollo: Good morning. Thank you all for being here today. Since we're all standing up and it is
past 10, if I could ask everyone else in the audience to please stand up so that we could begin by saying a
prayer and, then, go on to the pledge of allegiance.
An invocation was delivered by Mayor Carollo, who then led those present in a pledge of allegiance to the
flag.
3. (A) CONSENT AGENDA
(B) LOCAL VENDORS SHOULD HAVE PREFERENCE .
(C) INCLUDE HOPE CENTER IN LIST OF PROSPECTIVE VENDORS FOR JANITORIAL AND
MAINTENANCE SERVICES
(D) DISCUSSION RE: SHRINKERS PARADE, & DOLPHINS USE OF ORANGE BOWL (See
section # 5,0)
Chairman Plummer: We are now into the regular agenda and I will once, for the last time, repeat the
following items have been pulled from today's agenda: Item 26, Item 42, Item 51, and PZ-10. The NET
Office presentation will be after 3 o'clock this afternoon. The Parking Surcharge presentation by the
...administration, for people affected, will be at 1:30 to two. For the record, there is no veto legislation by
the Mayor. We are now in the Regular Commission Meeting.
Commissioner Sanchez: Mr. Chairman, on the Consent Agenda, I have a question on...
Chairman Plummer: All right. Hold on. We're now in the Regular Agenda of July the 27th and, for
edification, we have scheduled a meeting on Thursday, if we do not finish the agenda today. Mr. Gort is
indicating that he will have to make it another day, but we will continue if we don't. It is our hope and
desire that we finish today. Mr. Sanchez. We are now into the Consent Agenda.
Commissioner Sanchez: Mr. Chairman, I have some questions on Consent Agenda Number 3. Why aren't
we using local vendors? And I know you will be supporting me on that. We are going with...
Chairman Plummer: Do you wish to pull these items?
Commissioner Sanchez: No, sir, I do not wish to pull them. I wish to ask why -- and just get an
explanation, why we're not using local vendors.
2 July 27, 1999
Chairman Plummer: All right.
Commissioner Sanchez: On this certain issue, we're using somebody from Longs Island, South Carolina. If
they can explain to me that they're the only company that provides that service and we're not using anybody
locally, whether in our City or in Dade County or in Broward or in West Palm Beach or in the State of
Florida, then, I will not dispute the item.
Chairman Plummer: Mr. Manager, the question is why an out-of-town vendor? Item CA-3.
Ms. Effie McCartney: Effie McCartney, Purchasing Department. This was a rebid and it's a specialized
item. They were the only company that could perform this service for us.
Commissioner Sanchez: Thank you very much. On CA-6, I would like to just throw a recommendation out
for these services of cleaning, of maintenance. I would suggest that the City Administration look into the
Hope Center. They have a developmentally disabled center. They do provide this service. And I think it
would be in the best interest of the City to assist those that are less fortunate than we are, to provide them an
opportunity of employment and, also, allow them the opportunity to be a part of this society. So, I would
ask the City Administration next time, if something of this nature comes up, maintenance and janitorial
services, it would consider the Hope Center.
Chairman Plummer: May I inquire. Also, Mr. Manager, this is two hundred and seventy thousand dollars
($270,000) of sanitation and custodial services, and we're not -- you're indicating, sir, that there is not a
company in the City of Miami who provides this service, that didn't bid?
Mr. Donald Warshaw (City Manager): We'll tell you who bid on it.
Ms. Pamela Burns: Good morning, Commissioners. My name is Pamela Burns from the Department of
Purchasing. We had six bids that came in. The lowest bid was deemed non -responsible. We accepted the
second lowest bidder.
Chairman Plummer: And you're saying -- how many bids did you have from companies in the City of
Miami? Item CA-6.
Ms. Burns: None.
Chairman Plummer: None at all?
Ms. Burns: We had no bids. We did send out bids to 11 local vendors, though, and they did not...
Chairman Plummer: Local means City?
Ms. Burns: Local means City of Miami, but they did not bid.
Chairman Plummer: And none of them bid?
Ms. Burns: That's correct.
Chairman Plummer: I would ask that you write a letter to all 11, asking them why -- if they would respond,
why they did not bid and supply that to us at the Commission level.
3 July 27, 1999
Ms. Burns: OK. Commissioner, we do have a memo. We contacted each of those 11 vendors and they did
indicate to us, and its part of this package, as to their reasoning for not bidding. We do that every time.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Mr. Warshaw: Get them a copy.
Vice Chairman Gort: My understanding, ui the past we've had that information within our package and this
one you don't have it. In my package, at least, I don't have it.
Chairman Plummer: You know...
Vice Chairman Gort: Are we discussing...
Chairman Plummer: ...it just seems crazy to me...
Vice Chairman Gort: Are we discussing CA-6?
Chairman Plummer: Six, yeah.
Ms. Burns: We'll get that for you.
Vice Chairman Gort: I know you've had it in the past and it's very important because we can see and you
give the reasons why they didn't respond and so on. And, so, that information should be in there. Well,
maybe they missed it in my office, but I don't have it in my package.
Ms. Burns: It should be.
Chairman Plummer: Mr. Manager, there's million of dollars being spent in this agenda. Item CA-3, CA-5,
CA-6, CA-7, CA-8, CA-9, CA-10, CA-11, CA-12, CA-13. None of those bids are going to local people.
Mr. Manager, you know, one or two I might agree with, but when you have that many items of millions of
dollars of money and they're -- we're just not helping our local people. Now, there's got to be something --
reason that people -- three hundred thousand dollars ($300,000) worth of janitorial and we can't find
anybody? That doesn't make sense to me. Now, I'm not saying that you didn't do your job, but I'm saying
maybe you need to go a little deeper and a little heavier to try to get local people, the people who pay your
salary, not mine. Because that's ridiculous. Five thousand a year. But I'm just -- you know...
Vice Chairman Gort: That's too much.
Chairman Plummer: If any -- you know, some people find fault with me for protecting local people, but, by
God, they're the ones that are paying the taxes in this town. All right. I'm sorry for interrupting. Mr.
Sanchez, you had others?
Commissioner Teele: Commissioner Plummer?
Chairman Plummer: Mr. Teele.
4 July 27, 1999
9
Commissioner Teele: On the point that you just raised. I think the management should provide us with an
explanation on the items that you've read into the record. Each one of the items that the Chairman just read
into the record, I would like an explanation. And I can tell you that I am totally opposed to the concept that
business must be local, if the taxpayers are going to have to pay more. I have a philosophical difference
with anyone who purports that a City like Miami, which is an international city, which our stock and trade is
free trade, commerce and doing business all over the world, that we should ask our citizens to pay one dollar
more, and I wouldn't care if it came from Rio de Janeiro. If it were cheaper, then that's what I'm here to
protect, the taxpayers' dollars. I do think there is a balancing issue and, that is, jobs that are created at the
local level.
Chainnan Plummer: Absolutely.
Commissioner Teele: And I support the Chairman in trying to ensure that jobs go locally, but the fact of the
matter is, 90 percent of the items that we purchase are neither manufactured in Miami or manufactured
where the bidder's coming from, OK. So, it's really a lot to do about nothing. But what the Chairman has
just said, I will not support. I will support the Chairman and will not support the management, although, I
generally support the management on the bid issues. I think whoever's the tow bid, if they can get it here
from China, if they can get it here from Rio de Janeiro or Port-e-Prince Haiti, and if they win the bid, they
ought to be entitled to it. We shouldn't ask the taxpayers to pay one dollar more for someone that lives in
Miami, if they can't get the product. But in those services areas -- services is a lot different from a product --
I fully support the Chairman. And I will not support any bid for a janitorial contract that is not a City
vendor. I will not support it. I mean, you cannot tell me that they're not enough people in the City of Miami
and not enough vendors in the City of Miami, given our unemployment and given the unemployed in the
districts that we all represent, the highest in the state, that a janitorial contract -- it ought to be a set aside,
quite frankly, Mr. Manager. It really should be a set aside.
Chairman Plummer: Is that a motion to defer?
Commissioner Teele: It would be a motion to defer the item relating to janitorial services.
Chairman Plummer: CA-6 is a motion to defer. Well, you don't need a motion anyhow. You can --
Commission can pull items...
Commissioner Teele: I have -- any Commissioner has a right.
Chairman Plummer: That's correct.
Commissioner Teele: Before I do, I would like to give the management just an opportunity to amplify or
clarify anything on that item before I assert the rule.
Chairman Plummer: Mr. Manager.
Mr. Warshaw: Couple questions first. Do you want us to rebid this? Because, in effect, there were
numerous City of Miami vendors, who we sought out, encouraged, as a part of an outreach program. We
have to encourage City vendors to participate. Unfortunately, none of them, you know, chose to bid. You
want to add?
Major Joseph Longueira: Commissioners, there may be businesses in the City that do this type of service.
They may not be the scope or size that we require. This is all of our facilities. It's 24-hour a day facilities
that require extensive service. They may not be able to handle it. The other part of the issue is...
July 27, 1999
Chairman Plummer: (Unintelligible)
Major Longueira: And I know that we're concerned about residents, but the City of Miami reaches beyond
the address limits of the city of Miami.
Commissioner Teele: Nobody pays property taxes outside of the city limits of the City of Miami, to my
knowledge.
Major Longueira: No, sir, but a great number of our residents also work in those industrial areas, outside of
the City that border the City. So, to say alone that just because the business isn't in the City, that we don't
affect the City, is not a good argument.
Commissioner Teele: No one is saying that we don't affect them. I'm talking about property tax. The
heartbeat of this City is ad valorem taxes.
Major Longueira: Yes.
Commissioner Teele: And I think we have an obligation to the ad -valorem property owners, first and
foremost, in providing these types of services. Now, if this is a car dealer -- I mean, I've heard this
discussion about, I wouldn't pay a penny more for a Mercury or a Ford in the City of Miami if it could come
out of Unincorporated Dade County or Hialeah or Coral Gables. I mean, I think that's ridiculous. I know
there are other Commissioners who feel totally different. But, you know, nobody's getting a job -- all those
jobs, the last time I checked, were in Detroit, OK? So, let's be very clear what we're talking about. If the
policy issue is to protect jobs, then, I'm all in favor of it. If the policy issue is to protect a local business,
then I've got some concerns. Did anyone scrutinize the EEO (Equal Employment Opportunity) profile of the
businesses that we're talking about? For the recommended vendor, for the recommended vendor, do we
have the EEO profile?
Ms. Burns: The recommended vendor is a female -owned firm.
Commissioner Teele: No, that's not my question. That relates to designation of the corporate status of the
firm, DBE, MBE, WBE. My question is, has anybody looked at the employee mix, the EEO profile of the
firm?
Mr. Warshaw: Commissioner, I don't we have. And my guess is that, because oftentimes these firms have
rapid turnover. I don't we've looked at that as part of the due diligence. And I want to say again on the
record, I agree with you. We've gone out of our way to ensure -- we want -- I want City vendors to get this.
Unfortunately, there was not one business, located in the City of Miami, that bid on this contract.
Chairman Plummer: How about where you've lumped them all together and there's what, five facilities
involved in this? Split them up and make it five individual contracts and maybe, then, the smaller vendors
could handle an individual contract; whereas, if they can't handle the entirety of all. Mr. Gort.
Vice Chairman Gort: Mr. Chairman?
Vice Chairman Gort: And, Commissioner Teele, this is one that I've looked at quite a bit. The biggest
problem you have with the small vendors and small business is the cash flow. And, remember, if you recall,
I brought this -- about a year ago we talked to CDBG (Community Development Block Grant) and my
understanding is, we cannot use CDBG funds in order to advance payment to these individuals and, then,
July 27, 1999
repay the fund when the City gets ready to pay. Because I've talked to a couple of people and they told me,
"I cannot afford to do business with the City." I have to pay my employees. I've got to pay my bills." And
the City takes one, two month...
Chairman Plummer: To pay.
Vice Chairman Gort: I don't what the procedure is ... to pay me. So, that's another problem that we have and
that's -- my understanding, one of the reasons, the people that I've talked to -- so, somehow -- and I requested
Administration to look at it, if there's a way that we can -- if we have a contract and we know that the City's
going to pay, there should be a way where the City could advance the funds. In this way, you can help these
individuals, because the cash flow is very important.
Chairman Plummer: All right. Item CA-6 has been pulled, and I think you can follow up from there.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: To follow up with what Commissioner Gort is saying, because I think that's really the
most -- the most important issue is not everybody given what they think the issue is. You know, if people
aren't bidding on a contract, there is a reason. And it may be they don't know about it and if we made a
concerted effort, they know. And there is a whole range of issues that could be. I suspect that
Commissioner Gort is one hundred percent correct, and I've raised this issue repeatedly. I've asked the City
Attorney to work with the management. I think, as a statement regarding the withdrawal of this item, which
I'm asserting on Item 6, I would ask the management to look at making this a pilot project, in which we
would go out to bid again, and we could change the bid by assuring the people that they will be on a net
five-day basis, that we will provide a progress payment up front, with a retainage on each contract, Mr.
Manager, with a retainage on each contract. So, on one hand we give them a progress payment. On the
other hand, we withhold something at the end. And that we, basically, would guarantee them a net five
payment in terms -- a payment cycle or whatever the Finance office determines to be appropriate. I note that
thanks to our elected officer, the Miami Herald did a story about one of my businesses, and I learned a lot
from the business. In fact, I like to tell people, I got a ten million dollar ($10,000,000) education. That's
about the amount of money that the company lost over a six year period of time in New York. But, Madam
Finance Director, that company that the Miami Herald has gratuitously continued to elevate, was on a net
three days. General Electric paid my company within 72 hours from the time we delivered product. We
would deliver product on a Friday and on a Monday, they would cut a check. So, I know it can be done.
Net five, net 10, net 7, net 20, net 30. The problem that, I think, that Commissioner Gort is raising, which is
a very fair problem -- be I've talked to some of the vendors in response to what Commissioner Sanchez
raised, regarding the issues of office products, etcetera. We're paying vendors, small vendors, on a net -- we
have been paying vendors, in the past, as much as net 60, and you can't do business on that basis. I know at
the CRA (Community Redevelopment Agency) for example, you know, we have the same basic problem.
We were talking about last week with Mr. Judy. We've got to pay our -- and I would like, Madam Finance
Director, for you to consider, as a part of a pilot program, paying the vendors on a net five basis, or a net
seven, giving them a progress payment, doing it withholding, and let's see if we can entice some people from
the City of Miami to bid.
Ms. Julie Weatherholtz: Julie Weatherholtz, Finance Director. And, certainly, we can work with that and
begin a pilot project. Just to bring you up -to -speed. What we have been doing in the Finance Department,
three months ago we did implement, and we automated it through the computer system, to pay net discounts.
So, we are paying at the 15 and 30-day now, provided that the invoices are remitted to the Finance
July 27, 1999
Department. We do put out the information. It is listed on the purchase order that all invoices should be
mailed to the Finance Department with our address. Unfortunately, some invoices still go to departments or
to other entities and, then, they have to be inter -office to us and, therefore, it can delay it. But, certainly, if
we wanted to put in some kind of pilot project for a particular project, we could work with those vendors.
We can make it very clear to them, where they need to mail it. We can stamp purchase orders to expedite
payments. We certainly can do that. And our system does have the capability, through the computer, to
process those on nets. If we do receive the invoice early and the invoice states on it that it should be paid at
net 15-days, with one percent discount, we are taking advantage of those discounts. We key it into the
computer. The computer automatically holds it to that payment date, takes the discount, and then it's paid.
Commissioner Teele: Ms. Weatherholtz, it's always refreshing when you inform us and present information
to us and I must tell you that that's very helpful and very enlightening. But just answer one question. What
is the City's policy on the payment of vendors, without a discount, without it being delinquent? What is the
-- what can any vendor that's bidding expect the City to pay?
Ms. Weatherholtz: Once an invoice reaches the Finance Department, it's paid the next week.
Commissioner Teele: OK.
Ms. Weatherholtz: So, therefore, if a vendor mails it in...
Commissioner Teele: OK. Please, don't be the Finance Director now. Well, let me ask the question of the
Manager then. Because, see, now we're sounding like a bureaucrat, OK? Now, you're going to talk about
your department. The vendor doesn't care about my department, your department, his or her. All they care
about is getting their check. What is the City's policy on paying vendors when they submit their invoice? Is
the policy, Mr. Manager, that the vendor can reasonably expect to be paid in 30 days, in 45 days, or is it 30
days from -- or is it 30 days? No discount, just straight up payment?
Ms. Weatherholtz: Thirty days upon receipt.
Commissioner Teele: OK. Mr. Attorney, I would like you to prepare a resolution for me that requires or
incorporates in all bid documents going out now, whatever the City policy is regarding the payment of what
they can expect. In other words, it is a City policy that the successful vendor will be paid on a net,
whatever, basis. And, then, they can add anything they want. Discounts of two percent, one percent,
whatever. But on the pilot program, I want no discount, OK. I want a net five, net seven, whatever you all
think is reasonable with the Police Department. Because I think that will encourage people to bid.
Chairman Plummer: All right. Is there any...
Major Longueira: Commissioner, I'm sorry. But, at this point, we're at an issue. We need some resolution
because we don't have a cleaning service. Our service expired 10 days ago.
Chairman Plummer: Would you get the Major a broom?
Major Longueira: I've already done that at the North Station, sir. I have done that on occasion.
Commissioner Teele: Is the existing contractor a problem, if we extend that for 45 days?
Major Longueira: Yes. The existing one that we -- in our remote facilities that we want, would want to
extend. That's the contractor that was excluded. You know, that was the low bidder, but we denied it. We
July 27, 1999
0
really don't want his services, but that's the only one we could extend, OK, at this point. Our other problem
is...
Commissioner Teele: I'm sure even...
Major Longueira: ...our main building ended 10 days ago.
Commissioner Teele: ...he or she isn't garbage.
Major Longueira: So, we need some kind of a service at the...
Chairman Plummer: So, the Manager will figure out some kind of service. The matter is pulled from the
agenda. Any other items to be pulled by -- no, you wait a minute. There any other items to be pulled by
Commissioners?
Commissioner Regalado: Not from the Consent Agenda, no.
Chairman Plummer: From the consent agenda.
Commissioner Regalado: No.
Chairman Plummer: All right. I'm pulling CA-16 and it's got to be for discussion because it can't be
delayed further. Mr. Manager, I want to know why we're doing the Miami Dolphins a favor? They pulled
out of our Orange Bowl; left us high and dry, and now, for what reason, we are giving them a special break?
Where, if it's rains on that night, our field gets torn up, and I just don't understand.
Mr. Warshaw: Commissioner, we retained the right for the money from revenues from food. There's also a
ticket surcharge, so we would earn about thirty-five thousand dollars ($35,000).
Chairman Pluminer: Mr. Manager, if they were getting the regular fees, it would not be here before us. If
they were paying the regular rental fees, am I correct, in the surcharge?
Ms. Christina Abrams: You're correct. This is a first...
Chairman Plummer: Christina Abrams from the department of?
Ms. Abrams: Public Facilities. Thank you.
Chairman Plummer: Now, again, why are we doing them any favors? I don't understand. You know, they
pulled out of our Orange Bowl. They left us high and dry. They took away that yearly source of income.
And I guess my main concern is, if it's a rainy night and that grass gets torn up for our prime tenant, who is
now the University of Miami, where are we?
Ms. Abrams: This is a scrimmage and it's the first time that they have a scrimmage at the Orange Bowl
between two teams. It will be between Tampa Bay and the Dolphins.
Chairman Plummer: My question was simple. If they tear up the Orange Bowl -- and I'm not saying they're
doing it intentionally. But we know what happens to the turf when it has a good rain, OK. Now, it's had all
year for our prime tenant, who is the University of Miami. What happens if it rains that night and the turf
gets torn up?
9 July 27, 1999
Ms. Abrams: We would have to...
Chairman Plummer: Are they responsible?
Ms. Abrams: We could have to fix it. But this is a scrimmage. It's not a full game. So, they're not expected
to be on the field for more than 45 minutes.
Chairman Plummer: Five minutes will tear it up.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: I'm just saying, you know, I wanted it on the record. You know, we help those who
help us and when they pulled out and wanted to do their own thing, God bless them. You know, they did
their thing. But here, they're turning around now and asking me to do them a favor?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, would you yield?
Chairman Plummer: Yes, sir.
Commissioner Sanchez: Mr. Chairman, that is my district and I speak for one thing. The Orange Bowl, if it
lacks one thing, it's lack of activity in the Orange Bowl. And this is a perfect opportunity to provide the
Orange Bowl with the ability to bring more activities into the Orange Bowl, promote the Orange Bowl, have
the businesses surrounding the Orange Bowl benefit from this, have the people living around the Orange
Bowl benefit from this. So, when I look at this, I look at it from a economical and financial point, not only
to the City, but also to my constituents. So, stay out of the Orange Bowl.
Chairman Plummer: You read very well.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, when I saw this item, I had the same initial thought that Commissioner
Sanchez has expressed and, that is, this is good for the businesses there. But let me tell you the policy issue
that I come full circle and agree with you on, not the fact that we ought to punish the Dolphins or we ought
-- you know, we're in a business to do business and, you know, it shouldn't matter to us who uses the Orange
Bowl, as long as they pay. What's missing from this is how much money are we saving the Dolphins? The
memo is very carefully crafted and it gets to a basic issue. And, Mr. Attorney, you know, I lay this at your
doorstep. I want you to understand this. You see, this is well done, craftily done, OK. This is a fee waiver
by another name. Now, I want you to draft me a resolution today for a pocket item capping the fees for a
parade for the Shriners. The Shriners are going to come to town.
Chairman Plummer: Who, the Shriners?
Commissioner Teele: The Shriner's. The largest group of Shriner's in the United States. And we're hitting
10 July 27, 1999
them and socking them with fees. They can't have the parade downtown. We talk to them, urge them to
have the parade downtown so that we can have businesses involved with the Shrine. You know, the
motorcycles and all of that. But, you see, this is a problem. There are two standards of justice in this City.
The Dolphins get one standard. They get a cap on their fees. The Martin Luther King Parade has to go out
with a cup begging. We don't cap their fees. And, see, this capping of fees is a new way to, basically,
provide for a waiver. It's the same thing stated a different way. This is a waiver. Let's be real clear about
this. This is a waiver, and I don't object to it, as long as we call it what it is. All I'm saying is this, if we can
do this for the Dolphins, for that little area over there that Commissioner Sanchez represents, then we can do
it for downtown Miami, where we have a national organization coming here. But we're socking them left
and right with fees and clean-ups and this and that and the other. And, so, the only thing I'm saying is, I'll
support it. Because I think it's good government and I think it's good business for this district. But I think
the real issue here is that we've got to have one fair standard. And if we can provide a fee waiver by another
name to the Dolphins, then we can cap the fees for the Shriners, as they come to town this August. And, so,
that's all I want you to understand, Mr. Attorney. I don't think that this is the way we ought to be doing
business, but I also think that the Manager is exercising his rights.
Chairman Plummer: Mr. Manager or Christina, let's find out how much we are giving a fee. waiver? What
would be the normal cost if there was no reduction?
Ms. Abrams: Can I clarify? The City Code requires a rent of five thousand dollars ($5,000) or 10 percent
of gross, whichever is higher. What we're doing is saying that we'll just charge the five thousand rent. So,
they are paying a rent and they'll also be paying all costs. They'll be paying for off -duty police; they'll be
paying for clean-up, for fire, for all the fees?
Chairman Plummer: Are they paying a surcharge?
Ms. Abrams: And they're paying a ticket surcharge. And the five dollar ($5) ticket price that they're
charging is going to be for a non-profit organization, a youth organization.
Chairman Plummer: All right. I'm not pulling it. I just wanted it on the record.
Ms. Abrams: Thank you.
Chairman Plummer: Any other Commissioner wish to make any comments on any others? Mariano Cruz,
you wish to speak on an issue on the Consent Agenda?
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street.
Chairman Plummer: What item, sir?
Mr. Cruz: On the same, 16. I was here...
Chairman Plummer: Oh.
Mr. Cruz: Right. Because the only thing I see here, are we subsidizing this millionaire's game? Maybe
some of the players could put some of the moneys. They all the City subsidize. And one thing, I would like
to see a precedent too that whenever now we have a (inaudible) festival in Juan Pablo Duarte Park, maybe
we can get the same treatment, in the same proportion. Five thousand on forty thousand. What will be one
eighth or will be pay one eighth of the regular fee. Our cap too, not just a cap for the Dolphins or Marlin's,
but for everybody that use City facility. Because, you know, we're subsidizing (inaudible) already. Look at
11 July 27, 1999
the Knight Center. We are subsidizing that too.
Chairman Plummer: Thank you.
Mr. Cruz: Thank you.
Chairman Plummer: Before the vote is on adopting items included in the Consent Agenda is taken, is there
anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda?
Hearing none, the floor is open for a motion, excluding Item CA-6. Is there a motion?
Commissioner Regalado: Move it.
Chairman Plummer: Moved by Regalado. Seconded by...
Commissioner Sanchez: Second.
Chairman Plummer: ...Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it 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
REGALADO AND SECONDED BY COMMISSIONER SANCHEZ,
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
12 July 27, 1999
3.1 ACCEPT BID OF COASTAL MARINE INTERNATIONAL, INC., FOR REMOVAL
AND REPLACEMENT OF 4 VESSEL, DRY STORAGE. RACK SYSTEMS AT MARINE
STADIUM MARINA, FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS &
PUBLIC FACILITIES, (S118,000); ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENTS PROGRAM.
RESOLUTION NO. 99-516
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF COASTAL MARINE
INTERNATIONAL, INC., (NON-MINORITY/NON-LOCAL, P.O.
BOX 2009, HUNTERSVILLE, NORTH CAROLINA), FOR THE
REMOVAL AND REPLACEMENT OF FOUR (4) VESSEL DRY
STORAGE RACK SYSTEMS AT MARINE STADIUM MARINA,
FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS &
PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED
$118,000; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENTS PROGRAM PROJECT NO. 326008, ACCOUNT
CODE NOS. 359301.6.287, 359301.6.830 AND 359301.6.840.
3:2 ACCEPT BID OF TITAN CONSTRUCTION GROUP, INC., FOR FURNISHING AND
INSTALLATION OF A SHELTER AT LINCOLN PARK, FOR THE DEPARTMENT OF
PARKS AND RECREATION,.-($8,500);''ALLOCATINGi FUNDS FROM SAFE
NEIGHBORHOOD PARK BOND PROGRAM FUNDS APPROPRIATED IN SECTION VI OF
APPROPRIATIONS AND CAPITAL IMPROVEMENTS:ORDINANCE NO. 11705.
RESOLUTION NO.99-517
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF TITAN CONSTRUCTION GROUP,
INC., (BLACK/LOCAL VENDOR, 1401 SW 1ST STREET, SUITE 212,
MIAMI, FLORIDA), FOR THE FURNISHING AND
INSTALLATION OF A SHELTER AT LINCOLN PARK, FOR
THE DEPARTMENT OF PARKS AND RECREATION, AT A
TOTAL AMOUNT NOT TO EXCEED $8,500; ALLOCATING
FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARK BOND
PROGRAM FUNDS APPROPRIATED IN SECTION VI OF
APPROPRIATIONS AND CAPITAL IMPROVEMENTS
ORDINANCE NO. 11705, AS AMENDED.
13 July 27, 1999
3.3 ACCEPT BIDOF AUTO EQUIPMENT .CO,, INC.,, FOR, PROCUREMENT AND
INSTALLATION OF IN -GROUND VEHICLE LIFT AT FIRE GARAGE, FOR THE
DEPARTMENT OF FIRE -RESCUE, ($68,750):
RESOLUTION NO. 99-518
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF AUTO EQUIPMENT CO., INC., FOR
THE PROCUREMENT AND INSTALLATION OF AN IN -
GROUND VEHICLE LIFT AT THE FIRE GARAGE, FOR THE
DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO
EXCEED $68,750; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT NO. 313018.289401.6.840
3.4 ACCEPT BID OF F&L CONSTRUCTION, INC., FOR. "CITYWIDE .SIDEWALK
REPLACEMENT PROJECT PHASE XV, B-4616" ($312,108); ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT AND APPROPRIATIONS ORDINANCE NO. 11705,
($3I2,108 THE CONTRACT COST, $28,892 EXPENSES, TOTAL ESTIMATED COST
OF $341,000).
RESOLUTION NO. 99-519
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF F&L CONSTRUCTION, INC., FOR
THE PROJECT ENTITLED "CITYWIDE SIDEWALK
REPLACEMENT PROJECT PHASE XV, B-4616" IN THE
AMOUNT OF $312,108; ALLOCATING FUNDS THEREFOR
FROM PROJECT NO. 341170, AS APPROPRIATED BY FISCAL
YEAR 1998-99 CAPITAL IMPROVEMENT AND APPROPRIATIONS
ORDINANCE NO. 11705, AS AMENDED, IN THE AMOUNT OF
$312,108 THE CONTRACT COST, $28,892 EXPENSES, TOTAL
ESTIMATED COST OF $341,000; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
14 July 27, 1999
•
•
3.5 ACCEPT BID OF METRO EQUIPMENT SERVICE, INC., FOR "KINLOCH PARK
WATER MAIN EXTENSION (SECOND BIDDING), B-4613" ($48,539_); ALLOCATING
FUNDS FROM CAPITAL IMPROVEMENT AND APPROPRIATIONS ORDINANCE 11705,
($48,539 THE CONTRACT COST AND $8;861� EXPENSES, TOTAL ESTIMATED COST OF
$57,,400).
RESOLUTION NO.99-520
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF METRO EQUIPMENT SERVICE,
INC., FOR THE PROJECT ENTITLED "KINLOCH PARK
WATER MAIN EXTENSION (SECOND BIDDING), B-4613" IN
THE AMOUNT OF $48,539; ALLOCATING FUNDS THEREFOR
FROM PROJECT NO. 332174, AS APPROPRIATED BY FISCAL
YEAR 1998-99 CAPITAL IMPROVEMENT AND APPROPRIATIONS
ORDINANCE 11705, AS AMENDED, IN THE AMOUNT OF
$48,539 THE CONTRACT COST AND $8,861 EXPENSES, TOTAL
ESTIMATED COST OF $57,400; ACCOUNT PROJECT NO.
332174; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
3.6 ACCEPT BID OF� PRIME ELECTRICAL CONTRACTORS, INC. FOR PROVISION
OF ELECTRICAL MAINTENANCE :SERVICES AT MIAMI RIVERSIDE CENTER
(MRC), ($5,000 FOR INITIAL PERIOD AND IN AN ANNUAL AMOUNT NOT TO
EXCEED $15,000 FOR EACH ADDITIONAL. ONE-YEAR PERIOD); ALLOCATING
FUNDS THEREFOR FROM -THE MRC BUDGET.
RESOLUTION NO. 99-521
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF PRIME ELECTRICAL
CONTRACTORS, INC., FOR THE PROVISION OF
ELECTRICAL MAINTENANCE SERVICES AT MIAMI
RIVERSIDE CENTER (MRC), ON AN AS -NEEDED CONTRACT
BASIS THROUGH SEPTEMBER 30, 1999, WITH THE OPTION TO
RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, IN
AN AMOUNT NOT TO EXCEED $5,000 FOR THE INITIAL
PERIOD AND IN AN ANNUAL AMOUNT NOT TO EXCEED
$15,000 FOR EACH ADDITIONAL ONE-YEAR PERIOD;
ALLOCATING FUNDS THEREFOR FROM THE MRC BUDGET,
ACCOUNT CODE NO. 504000.421901.6.340.
15 July 27, 1999
3.7 APPROVE RENTAL OF OFFICE TRAILERS, FROM WILLIAM SCOTSMAN, AND
TRANSPORT INTERNATIONAL. POOL, INC., D/B/A G.E. CAPITAL MODULAR
SPACE, FOR OPERATIONS OF USER DEPARTMENTS, ON AN, AS -NEEDED BASIS
AWARDED PURSUANT TO EXISTING MIAMI-DADE COUNTY CONTRACT, SUBJECT
TO FURTHER EXTENSIONS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM.
VARIOUS USER DEPARTMENTS SUBJECT TO BUDGET APPROVAL . AT TIME OF
NEED.. .
RESOLUTION NO.99-522
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE RENTAL OF OFFICE TRAILERS, FROM
WILLIAM SCOTSMAN, AND TRANSPORT INTERNATIONAL
POOL, INC., DB/A G.E. CAPITAL MODULAR SPACE, (NON-
MINORITY/MIAMI-DADE COUNTY VENDOR, 5000 NW 72ND
AVENUE, MIAMI, FLORIDA), FOR THE OPERATIONS OF USER
DEPARTMENTS, ON AN AS -NEEDED BASIS AWARDED
PURSUANT TO EXISTING MIAMI-DADE COUNTY CONTRACT
NO. 3123-3/00-OTR, UNTIL APRIL 30, 2000, SUBJECT TO
FURTHER EXTENSIONS BY MIAMI-DADE COUNTY;
ALLOCATING FUNDS THEREFOR FROM VARIOUS USER
DEPARTMENTS SUBJECT TO BUDGET APPROVAL AT TIME OF
NEED.
3.8 ACCEPT BIDS OF .COMMUNICATIONS, SYSTEMS ENGINEERING,. EXPRESS
RADIO INC., BEARCOM, FIRST COMMUNICATIONS,, SUPERIOR
COMMUNICATIONS,.:INC., MULTIPLIER' INDUSTRIES CORP., AND MOTOROLA,
INC., FOR PURCHASE OF PORTABLE, RADIO PARTS AND .ACCESSORIES, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ($85,000);
ALLOCATING FUNDS FROM GENERAL SERVICES ADMINISTRATION,
COMMUNICATIONS DIVISION.
RESOLUTION NO. 99-523
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BIDS OF COMMUNICATIONS SYSTEMS
ENGINEERING, EXPRESS RADIO INC., BEARCOM, FIRST
COMMUNICATIONS, SUPERIOR COMMUNICATIONS, INC.,
MULTIPLIER INDUSTRIES CORP., AND MOTOROLA, INC.,
FOR THE PURCHASE OF PORTABLE RADIO PARTS AND
ACCESSORIES, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, AT AN ANNUAL AMOUNT NOT
TO EXCEED $85,000, ON AN AS -NEEDED CONTRACT BASIS
FOR ONE YEAR WITH THE OPTION TO RENEW FOR TWO
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM GENERAL SERVICES ADMINISTRATION,
COMMUNICATIONS DIVISION, ACCOUNT CODE NO.
506000.420601.6.718.
16 July 27, 1999
3.9 APPROVE PURCHASE OF TWO -HORSE TRAILER FROM C & S. TRAILER
SALES, INC., FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION TO BE
USED BY THE DEPARTMENT OF POLICE MOUNTED PATROL UNIT, ($12,466.12);
FUNDS ALLOCATED FROM LAW ENFORCEMENT BLOCK GRANT.
RESOLUTION NO.99-524
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PURCHASE OF A TWO -HORSE TRAILER
FROM C & S TRAILER SALES, INC., FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION TO BE USED BY
THE DEPARTMENT OF POLICE MOUNTED PATROL UNIT,
PURSUANT TO INVITATION FOR BID NO. 97-98-200, IN AN
AMOUNT NOT TO EXCEED $12,466.12; WITH FUNDS
THEREFOR HEREBY ALLOCATED FROM LAW ENFORCEMENT
BLOCK GRANT H, ACCOUNT CODE NO. 00 1000.2903 07.6.840.
3.10 APPROVE CITYWIDE PROCUREMENT OF PAPER, FROM UNISOURCE,
PAPER . HOUSE, MAC PAPER, INC., AND XPEDX, AWARDED: PURSUANT TO
EXISTING MIAMI-DADE COUNTY CONTRACT FOR THE DEPARTMENT OF
PURCHASING, ON A SPOT MARKET BASIS UNTIL JUNE 30, 2000, SUBJECT TO
FURTHER EXTENSION BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM
VARIOUS USER DEPARTMENTS AND REQUIRING BUDGETARY APPROVAL PRIOR
TO USAGE.
RESOLUTION NO. 99-525
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE CITYWIDE PROCUREMENT OF PAPER,
FROM UNISOURCE, PAPER HOUSEMAC PAPER, INC., AND
XPEDX, AWARDED PURSUANT TO EXISTING MIAMI-DADE
COUNTY CONTRACT NO. RP7053-00, FOR THE DEPARTMENT
OF PURCHASING, ON A SPOT MARKET BASIS UNTIL JUNE 30,
2000, SUBJECT TO FURTHER EXTENSION BY MIAMI-DADE
COUNTY; ALLOCATING FUNDS THEREFOR FROM VARIOUS
USER DEPARTMENTS AND REQUIRING BUDGETARY
APPROVAL PRIOR TO USAGE.
17 July 27, 1999
3.11 APPROVE PROCUREMENT OF FURNITURE FROM. VARIOUS VENDORS,
AWARDED PURSUANT TO EXISTING MIAMI-DADE COUNTY CONTRACT AND
STATE OF FLORIDA CONTRACT FOR VARIOUS, CITY. DEPARTMENTS ON AN AS -
NEEDED CONTRACT BASIS, SUBJECT TO FURTHER EXTENSIONS BY MIAMI-DADE
COUNTY'AND THE STATE- OF FLORIDA; ALLOCATING FUNDS FROM: VARIOUS
USER DEPARTMENTS AND REQUIRING BUDGETARY APPROVAL PRIOR TO USAGE. -
RESOLUTION NO.99-526
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PROCUREMENT OF FURNITURE FROM
VARIOUS VENDORS, AWARDED PURSUANT TO EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 1072-1/00, AND STATE
OF FLORIDA CONTRACT NOS. 420-660-96-1, 425-001-97-1, 425-
050-97-1, 425-030-97-P, AND 425-020-95-P, FOR VARIOUS CITY
DEPARTMENTS ON AN AS -NEEDED CONTRACT BASIS,
SUBJECT TO FURTHER EXTENSIONS BY MIAMI-DADE
COUNTY AND THE STATE OF FLORIDA; ALLOCATING FUNDS
THEREFOR FROM VARIOUS USER DEPARTMENTS AND
REQUIRING BUDGETARY APPROVAL PRIOR TO USAGE.
3.12 APPROVE CONTRACT FROM WAREFORCE, INC., FOR' CITYWIDE
ACQUISITION OF MICROSOFT LICENSES AND MAINTENANCE, FOR THE
DEPARTMENT OF PURCHASING, AWARDED PURSUANT TO EXISTING STATE OF
FLORIDA CONTRACT, SUBJECT TO FURTHER EXTENSION BY THE STATE OF
FLORIDA; ALLOCATING FUNDS FROM VARIOUS ' USER DEPARTMENTS AND
REQUIRING BUDGETARY APPROVAL PRIOR TO USAGE.
RESOLUTION NO. 99-527
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE CONTRACT FROM WAREFORCE, INC.,
FOR THE CITYWIDE ACQUISITION OF MICROSOFT
LICENSES AND MAINTENANCE, FOR THE DEPARTMENT OF
PURCHASING, AWARDED PURSUANT TO EXISTING STATE OF
FLORIDA CONTRACT NO. 252-001-97-1, THROUGH MARCH 31,
2000, ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO
FURTHER EXTENSION BY THE STATE OF FLORIDA;
ALLOCATING FUNDS THEREFOR FROM VARIOUS USER
DEPARTMENTS AND REQUIRING BUDGETARY APPROVAL
PRIOR TO USAGE.
18 July 27, 1999
3.13 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICE
AGREEMENT, WITH 21s` CENTURY SOLUTIONS, ($29,930), FOR COLLECTION OF
BASELINE DATA AND ESTABLISHMENT OF EVALUATION COMPONENT,'.
COMPLIANCE WITH THE GUIDELINES ESTABLISHED BY THE COMMUNITY
ORIENTED POLICING OFFICER GRANT PROGRAM, FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS FROM THE SCHOOL BASED PARTNERSHIP GRANT.
RESOLUTION NO. 99-528
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH 21"
CENTURY SOLUTIONS, IN AN AMOUNT NOT TO EXCEED
$29,930, FOR THE COLLECTION OF BASELINE DATA AND
THE ESTABLISHMENT OF AN EVALUATION COMPONENT,
COMPLIANCE WITH THE GUIDELINES ESTABLISHED BY THE
COMMUNITY ORIENTED POLICING OFFICER GRANT
PROGRAM, FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE SCHOOL BASED PARTNERSHIP
GRANT, ACCOUNT CODE NO. 142026.290514.6.270.
3.14 AUTHORIZE MANAGER TO . EXECUTE PROFESSIONAL SERVICES
AGREEMENT(S) WITH INDIVIDUALS TO SERVE AS SPECIAL MASTERS TO
PRESIDE OVER VEHICLE IMPOUNDMENT PROCEEDINGS, RENDER WRITTEN
FINDINGS AND RULINGS, ($69,000), FOR THE DEPARTMENT OF POLICE.
RESOLUTION NO.99-529
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING .THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH INDIVIDUALS
TO SERVE AS SPECIAL MASTERS TO PRESIDE OVER
VEHICLE IMPOUNDMENT PROCEEDINGS, RENDER
WRITTEN FINDINGS AND RULINGS, IN AN AMOUNT NOT TO
EXCEED $69,000, FOR A PERIOD OF TWO (2) YEARS, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 001000.290201.6.270.
19 July 27, 1999
•
3.15 AUTHORIZE CAP ON USER.FEE ($5,000). FOR MIAMI DOLPHINS SCRIMMAGE
TO BEHELD AUGUST 7, 1999 AT THE ORANGE BOWL STADIUM.
RESOLUTION NO. 99-530
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RELATING TO THE MIAMI DOLPHINS
SCRIMMAGE TO BE HELD AUGUST 7, 1999 AT THE ORANGE
BOWL STADIUM PRESENTED BY THE MIAMI DOLPHINS,
LTD.; AUTHORIZING A CAP ON THE USER FEE OF $5,000
FOR THE EVENT, FURTHER CONDITIONING SAID
AUTHORIZATION HEREIN UPON THE ORGANIZERS PAYING
FOR ALL NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT,
OBTAINING INSURANCE TO PROTECT THE CITY AND
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE;
AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE.
3.16 CLASSIFY SURPLUS PREFABRICATED FINGER PIER DECK SECTIONS AS
SURPLUS. --- DONATE TO COCONUT` `GROVE SAILING CLUB -= AUTHORIZE
MANAGER TO EXECUTE RELEASE DOCUMENTS STIPULATING COST OF.REMOVAL
OF THE PIER SECTIONS WILL BE THE RESPONSIBILITY OF THE COCONUT GROVE
SAILING CLUB, INC.
RESOLUTION NO.99-531
A RESOLUTION OF THE MIAMI CITY COMMISSION
CLASSIFYING SURPLUS PREFABRICATED FINGER PIER
DECK SECTIONS AS CATEGORY "A" SURPLUS STOCK;
FURTHER DONATING SAME TO THE COCONUT GROVE
SAILING CLUB, INC.; AUTHORIZING THE CITY MANAGER TO
EXECUTE RELEASE DOCUMENTS STIPULATING THE COST OF
REMOVAL OF THE PIER SECTIONS WILL BE THE SOLE
RESPONSIBILITY OF THE COCONUT GROVE SAILING CLUB,
INC.
20 July 27, 1999
•
11
3.17 AUTHORIZE FUNDING OF POLICE ATHLETIC LEAGUE ("PAL") PROGRAM,
AND ALLOCATE FUNDS ($155,625), FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO.99-532
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC
LEAGUE (`OPAL") PROGRAM, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $155,625,
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS.
690001, 690002, AND 690003, SUCH EXPENDITURES HAVING
BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING
WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
3.18 AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT WITH THE
SCHOOL BOARD FOR RENDERING MUTUAL LAW. ENFORCEMENT ASSISTANCE.
RESOLUTION NO.99-533
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
FOR THE PURPOSE OF RENDERING MUTUAL LAW
ENFORCEMENT ASSISTANCE.
21 July 27, 1999
3.19 AUTHORIZE MANAGER TO "EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA
ATLANTIC UNIVERSITY, TO PROVIDE TECHNICAL SUPPORT TO OFFICE OF
THE CLERK FOR RECORD SERVICES ' ($7,000); ALLOCATING FUNDS THEREFOR
FROM THE SPECIAL REVENUE: FUND ENTITLED MIAMI MUNICIPAL ARCHIVES AND
RECORDS MANAGEMENT PROGRAM.
RESOLUTION NO.99-534
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA
INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC
UNIVERSITY, TO PROVIDE TECHNICAL SUPPORT TO THE
OFFICE OF THE CLERK FOR RECORD SERVICES ON A
CONTRACTUAL BASIS FOR A PERIOD OF FIVE WORKING
DAYS, AT AN ESTIMATED COST NOT TO EXCEED $7,000;
ALLOCATING FUNDS THEREFOR FROM THE SPECIAL
REVENUE FUND ENTITLED MIAMI MUNICIPAL ARCHIVES
AND RECORDS MANAGEMENT PROGRAM, ACCOUNT NO.
110064-220104-270; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID SERVICES.
3.20 AUTHORIZE MANAGER TO EXECUTE, INTERAGENCY AGREEMENT,, WITTH
MIAMI-DADE COUNTY PUBLIC SCHOOLS; "LOCAL' POLICE AGENCIES, CLERK
OF COURT, MIAMI-DADE ' COUNTY CIRCUIT COURT JUVENILE DIVISION,
STATE ATTORNEY OF THE ELEVENTH JUDICIAL`CIRCUIT, AND DEPARTMENT
OF JUVENILE JUSTICE, DISTRICT 11, FOR COORDINATING EFFORTS AMONG
AGENCIES TO ACHIEVE MAXIMUM PUBLIC SAFETY WITH THE GOAL OF
REDUCING JUVENILE CRIME.
RESOLUTION NO. 99-535
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERAGENCY AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN MIAMI-
DADE COUNTY PUBLIC SCHOOLS, LOCAL POLICE
AGENCIES, CLERK OF COURT, THE MIAMI-DADE COUNTY
CIRCUIT COURT JUVENILE DIVISION, THE STATE
ATTORNEY OF THE ELEVENTH JUDICIAL CIRCUIT, AND
THE DEPARTMENT OF JUVENILE JUSTICE, DISTRICT 11,
FOR THE PURPOSE OF COORDINATING EFFORTS AMONG
AGENCIES TO ACHIEVE MAXIMUM PUBLIC SAFETY WITH
THE GOAL OF REDUCING JUVENILE CRIME.
22 July 27, 1999
•
•
3.21 AUTHORIZE _ FUNDING OF LAW ENFORCEMENT OFFICER'S CHARITABLE
FOUNDATION '(LEO), AND ,_ ALLOCATE FUNDS ($100,000), FROM - LAW.
ENFORCEMENT TRUST FUND.
RESOLUTION NO.99-536
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING OF THE LAW ENFORCEMENT
OFFICER'S CHARITABLE FOUNDATION (LEO), AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $100,000, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
4.. DISCUSS AND TABLE CONSIDERATION :OF PROPOSED ASSIGNMENT OF VINCAM
OCCUPATIONAL .HEALTH SERVICES (VOHS) AGREEMENT, FOR THE PROVISION OF
MANAGED CARE SERVICES FOR WORKERS' COMPENSATION TO OCCUPATIONAL
HEALTH SERVICES INC. (See section # 87)
Chairman Plummer: We're now on the regular agenda, Item Number 2. Item...
Commissioner Regalado: Mr. Chairman, Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I'd like to approve Item 38. It's something that I have not been briefed on it, and I
had some memos from the Manager that contradict what we're doing. So, I'd like to pull it.
Chairman Plummer: There is a motion to pull Item 38, relating to Vincam Occupational Health Services. Is
there a second for the deferment? Seconded by...
Commissioner Teele: For the discussion, Teele.
Chairman Plurmner: Commissioner Teele.
Commissioner Teele: Does this, in any way, affect the Worker's Comp activities? Does Vincam have
anything to do with Worker's Comp?
Chairman Plummer: Which Joe is working on.
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner Teele: Does it?
Mr. Warshaw: Yes, it does.
23 July 27, 1999
•
Chairman Plummer: All right. All in favor of the deferment..
Commissioner Teele: Hold it.
Chairman Plummer: I'm sorry.
Mr. Mario Soldevilla: Yes, sir. This is for the company that provides...
Vice Chairman Gort: Name.
Mr. Soldevilla: ...managed care for Worker's Comp. I'm sorry. Mario Soldevilla, Director...
Mr. Warshaw: Commissioner, just for the record, this is a change of ownership, where one company has
acquired another one and, basically, we're required to bring this before you. But I'll let Mario explain it.
Chairman Plummer: Have you done a background check on the company who's to acquire?
Mr. Soldevilla: Yes, sir. They met all the minimum requirements of the RFP (Request for Proposal).
Chairman Plummer: That's not my question. My question is, did you do a background check, in depth, on
the company that's going to acquire?
Mr. Soldevilla: Not in depth. We did a require — a check on the minimum requirements.
Chairman Plummer: You know, the way that Sanchez has been up here on this item -- and I commend him
for it -- it would seem like to me, he has made it very clear that he is deeply involved in Workman's Comp
and that you would do a tremendous background check on any company related to the subject of which he's
involved.
Mr. Soldevilla: Commissioner, if we don't...
Chairman Plummer: It's being deferred, so you can do it while it's being deferred.
Mr. Soldevilla: What happens is that, these are the companies that direct the medical care for all of the, for
our injured employees, and we need to have a provider to do that. The statute requires that we have
managed care.
Mr. Warshaw: What we're saying is, if you don't approve this, we basically have lost our current vendor.
Chairman Plummer: Well, why did you wait until the last minute to bring it here?
Mr. Warshaw: Because this transaction took place where one company acquired the other. We're required
to bring before you the fact that there's been a transaction, a corporate transaction, where one company has
assumed control of another. In effect, we're probably -- and correct me if I'm wrong -- doing business with
the same people -- probably the same people who handle our account. They're just functioning under a
different corporate umbrella.
Mr. Soldevilla: Exactly. The...
24 July 27, 1999
Mr. Warshaw: Nothing has changed, other than that.
Commissioner Regalado: But the reason I requested this is because, when Commissioner Sanchez began all
this process, I also got interested. And I have memos from the Manager saying that the City will open bids
for companies to come up and, then, now you're saying here that you just signed an agreement, dated June
30, 1999. So, the agreement was signed before the Commission approved it, right? Is that correct?
Mr. Soldevilla: No. The agreement is between Vincam and OHS, who is acquiring the Vincam.
Commissioner Regalado: Which is what I'm saying. The agreement between -- to change ownership was
done before the Commission even approved it. 1, for one, have not been briefed. I don't understand why we
were told that this will be a bid situation for whatever...
Mr. Soldevilla: This is not a bid situation. We have -- this is...
Commissioner Regalado: I understand. But what are you doing here?
Mr. Warshaw: Commissioner, I think you're referring to health insurance.
Commissioner Regalado: No, no, no, I'm not referring to health insurance.
Mr. Warshaw: Well, then -- this contract goes back to March of 1998, that the Commission approved back
then.
Commissioner Regalado: I know.
Mr. Warshaw: What's happened since then, is this acquisition of one company by another.
Commissioner Regalado: I know.
Chairman Plummer: But when is that lease -- what is that bid up? When is it due?
Mr. Soldevilla: Is it a -- it was a two-year bid with three one-year extensions. So, we're entering now the
second year.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: This is the managed care provider for our Worker's Compensation. It statutorily required -- it
was statutorily required as of, I believe, January of 1997. The contract was awarded, I believe, pursuant to a
request for proposals.
Mr. Soldevilla: Yes, it was.
Mr. Vilarello: Last March. And this is simply a transfer of ownership from Vincam that sold to the new
provider. So, I believe, the RFP that was being discussed before was with regard to healthcare provider.
Commissioner Regalado: Yeah, but my question...
25 July 27, 1999
Mr. Vilarello: This is managed care, which we're obligated, by statute, to have a managed care provider.
Commissioner Regalado: I understand that. But my question is, if they sold, why, then, we believe that
they can give us the same service? Why -- I mean, why are we just accepting the fact that they sold -- it's
like we were saying to a guy here, who sold the towing company, do not believe that you're getting a zone
just because you bought a towing company. And now you tell us that it's OK, that you buy a company and
you buy the contract too, which, by the way, it's a good deal, I guess. I don't understand -- you say that this
is -- are the same people, basically, but why did they change their name? What is going on?
Mr. Soldevilla: Well, what's happening is, is that Vincam...
Commissioner Teele: Mr. Chairman? Mr. Chairman?
Chairman Plummer: Yes, sir. Mr. Teele.
Commissioner Teele: Look, I think what we have is a failure to communicate. I think -- I don't mean to
speak ever against my colleague's efforts to defer something, and I will move -- I will support the motion to
defer once it comes up, if he's not satisfied. But I think, if this is strictly an ownership change, then what
needs to happen is that the management and the attorney need to meet with my colleague. But the concern
that I have, Commissioner Regalado, is the worker's comp area is moving and I don't want us to be in the
position of having delayed an action that basically delays the tightening of the screws on Worker's Comp.
So, if you would just withdraw your motion, please...
Commissioner Regalado: I will...
Commissioner Teele: ...to defer it, and when it comes up, if they've not given you an explanation on this,
then, if you're ready to defer, I'll support it.
Commissioner Regalado: No. Commissioner, I will withdraw the motion. I just think that, when you do
this and you don't advise people -- at least -- I mean, it would seem that we're applying one set of standards
for one area of the City, towing business for one thing, and another for this. Because we don't know who
are these people from the new company. At least, I don't know. So...
Chairman Plummer: That's why I asked the question I asked.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Regalado: So, I withdraw my motion. That's OK.
Commissioner Sanchez: I understand that it's just a change of ownership. Did you -- did the City do a due
diligence check on the company?
Mr. Soldevilla: Yes, we did. We make -- they meet all...
Commissioner Sanchez: So, I don't have a problem with it.
Mr. Soldevilla: All the minimum requirements that they did of the RFP. These individuals have been in
business for, you know, in excess of five years. They have -- and they're -- as a matter of fact, the network
26 July 27, 1999
that they have is the same that we currently have, so our employees are not going to suffer as to their
medical care that's being provided right now.
Chairman Plummer: When was the first time...
Commissioner Sanchez: I don't have a problem with it. I know that we've made significant progress in the
workman's comp. We've closed a significant amount of cases. I don't have a problem with it, Commissioner
Regalado.
Chairman Plummer: When was the first time you were notified of this change?
Mr. Soldevilla: Vincam notified that they were working on their sale on June -- the middle of June.
Chairman Plummer: Of this year?
Mr. Soldevilla: Yes, sir. And they just completed that transaction in July.
Chairman Plummer: All right. So, now we have no motion in front of us to defer?
Vice Chairman Gort: No.
Commissioner Regalado: Nothing.
Chairman Plummer: Tony, you want to speak to no motion?
Mr. Tony Rodriguez: I want to say something just -- Tony Rodriguez, President, Miami FOP (Fraternal
Order of Police). I want to clarify something that was made. There has been problems in terms of the
employees, insofar as Vincam is concerned. We've contacted Risk Management on several occasions. And
I want to point out, as Commissioner Regalado stated, at least this Union wasn't notified of any change until
late yesterday, when I was told that I was supposed to be in a meeting at the time of the meeting, with a new
company. And, at least, this Union, once again, was not notified of any change. So, Commissioner, you're
not the only one that's being kept in the blind on this. I just wanted to say that for the record.
Chairman Plummer: Well, you know, that always creates the illusion, is there a reason you were kept in the
blind? I'm not saying it is, but...
5. DISCUSS PROPOSED CHARTER AMENDMENTS — SCHEDULE CONSIDERATION OF
SAME FOR 2 P.M. THIS AFTERNOON. (see sections # 9, 64, 71, 72, 73, 74, 95, 96, 99, 100, 101,
102)
Chairman Plummer: OK. Item 2. Item 2 is a...
Commissioner Sanchez: Wait a minute. Mr. Chairman?
Chairman Plummer: ...sole source, four/fifths vote.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
27 July 27, 1999
Commissioner Sanchez: On a point of personal privilege, I think -- and I will make a motion to bring Item
46 to be heard, first item or second item on this agenda.
Chairman Plummer: Item 46.
Commissioner Sanchez: That is the proposal for Charter amendments.
Chairman Plummer: Proposed Charter amendment.
Commissioner Sanchez: Yes, sir.
Commissioner Regalado: I will second the motion.
Chairman Plummer: Motion is made and duly seconded. Under discussion. Mr. Sanchez, I merely want to
go on the record that a number of the television and media asked me earlier and I told them it was Item 46
and it definitely would not be coming up until the afternoon. So, I simply want to go on the record that, at
the time I made that announcement, if this motion passes that, in fact, my word was my bond at the time I
gave it and it's been changed. There is...
Commissioner Sanchez: Mr. Chairman, it is the will of this Commission, not you as the Chairman, to
decide when an item is heard.
Chairman Plummer: I understand that, sir.
Commissioner Sanchez: With all due respect, I think that the quicker we get over this item, the quicker we
could get on with the agenda or the items that are to be heard on the agenda. So, I -- the motion is made and
there's a second. If you would, call the question.
Chairman Plummer: Absolutely. No problem.
Vice Chairman Gort: Under discussion.
Chairman Plummer: Under discussion. Mr. Gort.
Vice Chairman Gort: Mr. Sanchez, I respect the wishes of my comrade but, at the same time, I have a lot of
individuals that call me and asked me when its heard. Since it was Item 46, I said it was heard in the
afternoon.
Commissioner Sanchez: Well, we could vote on it. You could vote against it. I think everybody's entitled
to vote -- that's the beauty of democracy. There is a motion. There's a second. So, Mr. Chairman, would
you call the question?
Chairman Plummer: The motion is called. Vote by roll call.
Commissioner Teele: Commissioner Gort, did you tell people that it would be held after the afternoon?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I vote no.
28 July 27, 1999
Chairman Plummer: Motion dies.
The previous motion to hear proposed Charter amendments at this point, which was introduced
by Commissioner Sanchez and seconded by Commissioner Regalado, failed by the following:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
ABSENT: None.
Chairman Plummer: We're now on Item 2.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Sir. Mr. Teele.
Commissioner Teele: I move that the item be scheduled for a time certain today at whatever time
Commissioner Sanchez and Commissioner Regalado would want.
Commissioner Sanchez: Would you yield?
Commissioner Teele: Yes, sir.
Commissioner Sanchez: The reason why I brought that forward, it's the last item on the agenda, therefore,
by the time we get to it, if it's not heard, I'd rather -- it's one of the most important items on this agenda, you
know. Like you say, Mr. Chairman, it's time to fish or cut bait. I think that, at the end of the day, we're all
tired from being up here long hours. Our minds are drained.
Chairman Plummer: Give me a time. What time do you want to schedule it for?
Commissioner Regalado: Three o'clock.
Chairman Plummer: Three o'clock.
Commissioner Regalado: Two o'clock, two o'clock.
Chairman Plummer: No. Excuse me. I've got the NET (Neighborhood Enhancement Team) Office at three.
I made a promise to them.
Commissioner Teele: No. Well, see...
Chairman Plummer: You want to do it 2 o'clock, that's fine.
Commissioner Sanchez: My motion was to hear it now. Everybody wants to hear it at a different time.
29 July 27, 1999
•
Chairman Plummer: Well, Teele asked that it be given a time definite. Mr. Teele, from one to...
Commissioner Teele: I want a time that's convenient for Commissioner Sanchez and Commissioner
Regalado because I agree with Commissioner Sanchez and Commissioner Regalado's motion. The point is,
if Commissioner Gort...
Chairman Plummer: Four o'clock?
Commissioner Teele: ...no, no, no. I want to be -- put on the record. I don't think -- and l think what we
need to be careful about is playing games here, OK? I don't think that anyone should have told the media or
the press what time an item like this is going to come up because everybody knows -- everybody reads the
Herald, everybody reads the Herald editorial. It is coloring the tone and the tenure of this meeting, OK.
And I think Commissioner Sanchez is one hundred percent right to dispose of it, get it out of the way...
Commissioner Sanchez: Get it out of the way.
Commissioner Teele: ...and everybody can go back to business so that we can focus on the business.
However, I'm only supporting what Commissioner Gort did, not -- that's my issue. Because I think, if
Commissioner Gort, as Chairman of the committee, whose report we're hearing, has told people -- and he's
not ready to bring it up. I know that he's not playing games, and that's what I'm saying here. So, my
question is, to the maker of the motion, Commissioner Sanchez, what is the convenient time, this afternoon
or today, that we can hear this? Because I think it's better to hear it right now than later on. But I'm
deference -- giving my deference to Commissioner Gort, who chairs this committee and whose leadership
on this is important, in terms of explaining what they're doing.
Commissioner Sanchez: Art, I don't have a problem hearing it any time today. My recommendation was
simple. This is the tone of the day. All the cameras are here. This is the item of the day. And the quicker
that we get it out of this agenda, we could get back to City business because, right now, the hype is the
Charter amendments.
Commissioner Teele: That's why the media's here?
Commissioner Sanchez: Or the proposed Charter amendments.
Commissioner Teele: That's why they're here?
Chairman Plummer: The Chair asked that you give a time. Let's move on.
Commissioner Sanchez: Time? Anytime. Two, 3 o'clock.
Vice Chairman Gort: Mr. Chairman?
Commissioner Sanchez: After lunch.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Mr. Chairman, we have another very important item, which we could have a lot of
people here that want to listen to, which is the CDBG (Community Development Block Grant) Five -Year
Plan, that they've been here and they got to get back to other things. I think -- I agree with Mr. Sanchez. I
think that's got to be heard, but I have told the -- some of the medias -- and I apologize if I did the wrong
30 July 27, 1999
thing -- that this will be heard after 2 o'clock. And I agree with you, we need a lot of time to discuss all the
items, for me to give the report. I have three booklets. They're in my office. And I would say, let's come
back at 2 o'clock, I o'clock, or we'll stay here. Whatever. But I want to dedicate a lot of time to it, so 2
o'clock will be fine. But I think we've got a lot of people CDBG funds in here. They got to get back to their
agencies and they're waiting to get back for us to make a decision, and I think that's a very important. I'm
talking about the allocation of twenty-six million dollars ($26,000,000). That's why I'd like to do this for the
afternoon, Commissioner Sanchez.
Chairman Plummer: Mr. Sanchez, give me a time.
Commissioner Sanchez: Three o'clock.
Chairman Plummer: Three o'clock. Well...
Vice Chairman Gort: Make it two.
Commissioner Teele: No, no, two.
Commissioner Sanchez: Two o'clock.
Chairman Plummer: Two o'clock is fine.
Commissioner Teele: I would move -- I would so move that the time certain for the items relating to Charter
reform be heard at 2 p.m. today.
Chairman Plummer: There is a motion made.
Commissioner Regalado: Second.
Commissioner Sanchez: Second.
Chairman Plummer: And seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-537
A MOTION SCHEDULING CONSIDERATION BY THE CITY
COMMISSION OF AGENDA ITEM 46 (PROPOSED CHARTER
AMENDMENTS) FOR 2 PM THIS AFTERNOON.
31 July 27, 1999
r1
U
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
6. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF SOLE SOURCE; AND WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS; APPROVE PROVISION OF E-911
MAINTENANCE SERVICES, ..FROM . LUCENT. TECHNOLOGIES, INC., "THROUGH ITS
PUBLIC SAFETY SYSTEMS. AND .BUSINESS _COMMUNICATIONS SYSTEMS, FOR THE
DEPARTMENT OF POLICE ($129;624);, ALLOCATING' FUNDS, FROM THE E-911 SPECIAL
REVENUE OPERATING BUDGET.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: We're now back to Item 2. Item 2 is a E-9...
Commissioner Teele: Mr. Chairman, for the record.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I just wanted to say to Michael Putney and the media, they're certainly welcomed to
stay here through the rest of the day. We'd be delighted if you'd stay with us.
Chairman Plummer: According to Mr. Teele -- Mr. Sanchez, you can't make that motion or that comment.
Item two is a sole source four -fifths vote for the provisions E-911 for a hundred and twenty-nine thousand
six hundred and twenty-four dollars ($129,624) to a company in Illinois. Is there a motion? Is there a
motion?
Vice Chairman Gort: If there is no other, we have to keep the 911. Let's face it. We get how many calls —
7,8 how many thousand calls a years?
Major Joseph Longueira: Conunissioner, We get three hundred and some thousand dispatch calls. We get
many more 911 calls.
Chairman Plummer: All right. Is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Is there...
32 July 27, 1999
Commissioner Sanchez: Second.
Chairman Plummer: ...a second? Seconded by Sanchez. It is a resolution...
Vice Chairman Gort: Excuse me.
Chairman Plummer: ...requiring a four -fifths vote. Mr. Gort.
Vice Chairman Gort: Once again, I want to put on the record, because I want people to understand, a lot of
times, when they call the police for minor cases, they get a little upset because we don't respond soon
enough. I would like to know the exact amount of calls that we get a year.
Major Longueira: For 911 phone calls, we get eight hundred thousand 911 phone calls over the 911 lines.
Vice Chairman Gort: Thank you.
Chairman Plummer: We're also going to the 311. Three eleven is now a number that's going to be
established for non -emergency calls to the Police Department. Call the roll, Mr. Clerk, since it requires a
four/fifths.
Mr. Walter Foeman (City Clerk): Roll call.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-538
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A
4/5THS AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF SOLE
SOURCE; AND WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS; APPROVING THE PROVISION
OF E-911 MAINTENANCE SERVICES, FOR ONE (1) YEAR,
WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE (1)
YEAR PERIODS, FROM LUCENT TECHNOLOGIES, INC., THE
SOLE SOURCE PROVIDER, THROUGH ITS PUBLIC SAFETY
SYSTEMS AND BUSINESS COMMUNICATIONS SYSTEMS,
FOR THE DEPARTMENT OF POLICE, IN AN INITIAL ANNUAL
AMOUNT NOT TO EXCEED $129,624; AUTHORIZING AN
INCREASE IN AN ANNUAL AMOUNT NOT TO EXCEED 5%
FOLLOWING THE INITIAL YEAR, SUBJECT TO NEGOTIATIONS;
FURTHER AUTHORIZING THE PAYMENT OF ACCRUED
CHARGES FOR THE PROVISION OF THESE SERVICES FOR THE
PERIOD OF APRIL 1, 1999 THROUGH JULY 31, 1999 IN THE
AMOUNT OF $43,208; ALLOCATING FUNDS THEREFOR FROM
THE E-911 SPECIAL REVENUE OPERATING BUDGET, ACCOUNT
CODE NO. 196002.290461.6.670.
33 July 27, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
7 (A) DISCUSS AND TABLE CONSIDERATION OF PROPOSED, SECOND ' READING
ORDINANCE re SPECIAL REVENUE FUNDS FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (TWENTY-FIFTH YEAR) - (CDBG-) PROGRAM INCOME AS APPROVED BY
DEPARTMENT OF HOUSING AND URBAN ;DEVELOPMENT (HUD); HOME INVESTMENT
PARTNERSHIP (HOME) - EMERGENCY' SHELTER GRANT .(ESG) - AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) = 5 YEAR "CONSOLIDATED PLAN.
(See section 12, 54, 94)
(B) DISCUSS RESOLUTION CONCERNING ; 5-YEAR CONSOLIDATED PLAN OF
COMMUNITY DEVELOPMENT BLOCK. GRANT_FUNDS. -
(C) CONTINUE DULY 27, 1999 MEETING TO AUGUST 2,J999., AT 10:00 AM — SCHEDULE
PUBLIC HEARING re SOCIAL SERVICE AGENCIES.
(D)'WITHDRAWAL OF REGULAR ITEM 12 BY APPLICANT.
Chairman Plummer: Item 3 is a second reading of four new special revenue funds for many of the things of
the Emergency Shelter Grants, Housing Opportunity for People with AIDS, Community Development
Block Grants Income by the Department of Housing. It comes out to a total of -- I don't know what the total
is. I don't have it.
Mr. Alejandro Vilarello (City Attorney): Sixteen million.
Chairman Plummer: Where do you see -- oh, yeah. Sixteen million two thirty-one.
Commissioner Regalado: No, it's more than that.
Chairman Plummer: I'm sorry?
Commissioner Regalado: It's more than that. Mr. Chairman, if I may?
Chairman Plummer: Yes, sir.
Ms. Gwendolyn Warren (Director, Community Development)
eighty-two.
It's a total of twenty-nine million nine
34 July 27, 1999
Chairman Plummer: How much?
Ms. Warren: Twenty-nine million nine hundred and eighty-two thousand.
Commissioner Regalado: I would support this ordinance. However, I feel, by reading the background
information, that we missed the funds for rental housing. So, I believe that will go -- we are in the process
of trying to make Home Ownership more easy for the workers. But, still, we have a segment, although we
hope minimal, and it will be the ideal scenario, not to have poor people that cannot afford and will not
afford to buy in the next few years. So, I would ask the Commission to consider to amend this ordinance to
use some of the sixteen million dollars ($16,000,000) in HUD (Department of Housing and Urban
Development) Housing money for rental. That is, maybe a 60/40, maybe a 70/30 ratio in terms of
ownership...
Ms. Warren: Mr. Chairperson?
Commissioner Regalado: ...and rental.
Chairman Plummer: Let him finish, please. All right. Mr. Gort.
Vice Chairman Gort: Commissioner, I brought out the same point to the Director. My understanding is that
they could look at the...
Chairman Plummer: OK.
Vice Chairman Gort: ...75/25, which 25 could be for rentals, 75 could be for (inaudible) and if there's an
(inaudible) obligation for the rental, we can move -- shift that money over to Home Ownership.
Chairman Plummer: All right. Let me inform both of you and all of you. This is a public hearing and we
must hear from the public as to their input. Gwendolyn, this is your bailey wick and we'll give you a few
moments to make your comments.
Commissioner Regalado: Yeah, but...
Ms. Warren: Yes, sir.
Commissioner Regalado: ...before Gwen explains, what I read was that the Administration wanted to use
the whole sixteen thousand in Home Ownership and...
Commissioner Teele: Sixteen million.
Commissioner Regalado: Sixteen million. I'm sorry.
Vice Chairman Gort: A hundred percent of it.
Commissioner Regalado: A hundred percent of it. So, I figure that the 70/30, the 75/25, it's OK, as long as
we have something for rental because there are still poor people in the City. So, that's my...
Chairman Plummer: Well, let me also remind you, if I may, because I was involved with Commissioner
Gort in St. Hugh Oaks, OK, and that was supposedly of the moderate income and the amount of money that
was involved, and the major problem there was, we had, I bet, a hundred people who put in an application
35 July 27, 1999
but could not get qualified. And where we thought they were going to totally go overnight, took us almost
two years to get rid _of the last of those units. So, let me tell you. It's nice to think that we would have all
Home Ownership, but there's a lot of people in this town who don't qualify. They want a home but they
can't qualify and, so, what you're doing then is reducing them, in my opinion, to a substandard kind of an
apartment living that only because they could not qualify for Home Ownership. Gwen, you wish to make a
comment?
Ms. Warren: Yes, sir. Again, this is the second -- it's a public hearing regarding the Consolidated Five -Year
Plan. As a part of the new administrative requirements, the City is to submit a Five -Year Plan that
incorporates its Community Development Block Grant funds, its Emergency Shelter funds, its HOME
funds, and its HOPWA (Housing Opportunities for Persons with AIDS) funds into one five-year
consolidated plan with annual year elements. What we're requesting today is that -- this is the second
reading of the Five -Year Plan, as well as the end of the 30-day comment period. The Commission, during
the first reading, directed staff to do several things. One was to ensure that the community, all the
subcontractors, the NET (Neighborhood Enhancement Team) offices, and NET 9, that there were copies of
the Five -Year Plan available for the public. Also, you instructed staff to meet with all our subcontractors to
review and hold a workshop, which we did. Additionally, the Commission directed staff to do an in depth
analysis of our Economic Development, our Facade Program, and come back with some recommendations,
which we have for you today. And, also, during that comment period, we took both verbal and written
comments from the public, after review of the Plan. Staff has provided you a copy of 11 written comments
that we received on the Plan. And if I could take the first and probably the most significant issue, which is
what Commissioner Regalado has raised. One of the things that...
Commissioner Teele: Ms. Warren, let me just understand. Mr. Chairman, what is the order of the day?
What is the public hearing on? I mean, what are we having the public hearing on?
Chairman Plummer: It's a public hearing, as my understanding, sir...
Commissioner Teele: On which item?
Chairman Plummer: On Item 3
Vice Chairman Gort: We're on Item 4.
Chairman Plummer: Well, we're on Item 3 right now.
Commissioner Teele: But, see, that's what I'm trying to say. I think, I think we ought to dispose of this. I
don't mean, at all, Mr. Chairman to impose, but I think we need to be clear on what we're doing and we need
dispose of this in a uniform fashion. There have been a number of letters written by the public at large,
people that I respect, complaining about the City process and there is some merit in what they're saying.
And, so, I would just ask that we have some strict conformity. These are not necessarily subject to City
Commission rules, but the Federal rules. Let's have a public hearing on Item Number 3. Let's discuss it.
Let the public hear on it and, then, let's take up Item Number 4. But let's don't co -mingle the items.
Chairman Plummer: Mr. Teele, we are on Item 3. The department head...
Commissioner Teele: Well, we're we discussing Item...
Commissioner Sanchez: Four.
36 July 27, 1999
•
•
Commissioner Teele: ...4...
Chairman Plummer: Well, sir...
Commissioner Teele: ...and that's what I'm trying to get you back to.
Chairman Plummer: All right. I'm saying to you...
Ms. Warren: I'm only discussing Item 3.
Chairman Plummer: ...we're asking the comments of the department head, which is normal prior to asking
the public to speak. You wish to deviate from that, sir, we can but, at this particular time, I'm asking the
department head to finish her presentation....
Commissioner Teele: On Item 3.
Chairman Plummer: On Item 3. And, then, we'll ask the public and then, we'll vote, sir.
Ms. Warren: Again, the item that I'm addressing is Item 3, which is a continuation of Item 8 and 8A from
your previous meeting from the first reading. Item 3 is the appropriations ordinance for the three funding
sources, as well as the consideration of the Five -Year Plan. They are now Item 3 on your agenda. The issue
is that the City Commission, through the public hearing process, is being recommended to adopt a Five -Year
Plan. As a part of that Five -Year Plan, adoption is the first -year element, which would incorporate the
resolution to accept the twenty-nine million dollars ($29,000,000). At the last Commission meeting, the
first reading, there were a series of issues that the Commission had directed staff to accomplish. One was,
again, to make sure that the Five -Year Plan was available to the public; to -- and there were four areas that
the Commission wanted additional information on. The area of the serious significance, which earned most
of the public comment, was the issue regarding rental versus home ownership. The Five -Year Plan, as
presented by staff, by far favored, almost unanimously, a hundred percent of the housing dollars were
recommended for seven Home Ownership zones in the City of Miami. We received significant comment
from the public, both in writing, and there are individuals here today, I'm sure, who are going to speak
during the public process, who have some concern. Staff has provided you copies of their written
correspondence, as well as the last two years of funding the City has provided in the area of rental
assistance. If you'll note, the first packet that you received regarding housing, we're currently in the process,
over the last two years, have committed to seventeen hundred rental units, and with a cash or impact fee
waiver of about -- approximately nine million dollars ($9,000,000). If you -- the second package that's
presented to you for informational purposes is a review, by district, of the housing/rental versus home
ownership and, again, that information is provided to you so you can get an overview of what we have been
doing in the community. In summary, about 75 to 80 percent of the housing monies have gone into the
rental area. We currently have approximately seventeen hundred units that are up for commitment and,
again, there's significant comment that that ratio or something like it be maintained for future funding. The
other area that the Commission wanted additional, technical input was in the area of facades or economic
development. Staffs instructions were to provide an in depth analysis of the Facade Program. We provided
that to you under separate cover but, in summary, over the past several years, the City's Economic
Development process has primarily consisted of a commercial facade program. We were asked to do an in
depth review of what the issues were, the benefit. We went back for the past five program years, back to
year twenty, to get a total overview for the City. We've completed sixteen hundred facades citywide in the
eight CDBG (Community Development Block Grant) target areas. By far, there are three areas in the City
where the current facade program works and works well. That is the Allapattah community, downtown, and
Little Havana. Those areas, the current facade program, where we provide a match of 70 percent up to two
37 July 27, 1999
thousand dollars ($2,000) to assist owners of businesses in their facade treatment program has been
successful. In the other areas of the City, Coconut Grove, in the same time period, has only accomplished
two percent of the total facades or 29 in total, compared -- and let me go down the line. Allapattah has
completed 512; Coconut Grove, 29; downtown, 378; Edison Little River, 112; Little Havana, 444; Model
Cities, 24; Overtown, 35, and Wynwood, 74. Staff has basically -- in our analysis, we basically determined
that the facade program works in those areas, where you have a high concentration in business growth. In
the other areas of the community, that being our only economic development element, the programs are not
successful. We are recommending that, in those areas where the programs are successful, that we enhance
them and we continue them. And that, in those areas where we're getting less than one to two percent of the
job activities or business assistance, that we redesign the program. And, again, we made some
recommendations to the Commission, and I'm sure that there will be people here today to speak to it. The
overall recommendation in the Five -Year Plan is that the business community -- and, again, from the public
hearings and input from your staffs -- have basically recommended that we waive the match requirement;
we extend the -- and we increase the economic development activities to include issues of parking, signage,
facade, marketing assistance, technical assistance and loan assistance, and that, again, that the areas where
it's currently not successful, that we revisit them. The other area that the Commission commented on is the
public hearing, the Community Advisory Board process. During the last Commission meeting there was
some concern as to whether or not the Community Advisory Board had actually taken a vote in adopting the
plan. In reviewing the records, although, it was discussed very intensely, there was not a vote taken at that
meeting. The Commission further directed that that Plan go back to the subcommittee, which it was taken
back. The Advisory Board met again. They reviewed the plan and they, unanimously, adopted the Plan.
Also, a part of your instructions, is that the City Clerk and the City Attorney attend those meetings, which
they did, and they provided you additional follow-up from that meeting.
Chairman Plummer: Mr. City Attorney, you wish to comment?
Mr. Vilarello: I just to clarify something procedurally. Item 3 on your agenda actually calls for the
adoption of two items. One is a resolution approving the Five -Year Plan. That resolution apparently,
inadvertently, was left out of your package. It was read at the last Commission meeting. After you take
public input, after you make whatever changes that you feel are appropriate for the Five -Year Plan, you
should adopt that resolution approving the Five -Year Plan. The second item is an ordinance, which creates
an -- it's an appropriations ordinance, which creates the funds which -- and that is included within your
package.
Commissioner Regalado: If I may?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: OK. I remember that -- this clearly, that the City Commission voted in favor of
directing the Administration to work with the CBOs (Community Based Organizations) on the facade
program for the Five -Year Plan. So, I don't see any problem in that. I guess that you already have been
talking to the CBOs because there are some CBOs that not only do the facades but they create jobs. They
do technical assistance, like the one in Little Havana and Allapattah. They do all that kind of work. So, I
just want to make sure that the CBOs program is still part of the Five -Year Plan. Is that correct?
Ms. Warren: The recommendation -- again, what you directed is that we review the whole program and...
Commissioner Regalado: No, no. We recommended that you work with the CBOs to work on the
Five -Year Plan for the facade program. We did not recommend that you review the program. We
recommended that you work with them.
38 July 27, 1999
Ms. Warren: OK.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Gwendolyn, you and I have discussed, on several occasions, where we have come
to an agreement where we should reward those who are providing excellent service and punish those that
are not providing the adequate service. On several occasions we've talked about the facade program
throughout the City, where we have seen that there are those who are above the numbers that they are
required and some facade programs that have done none. And my question to you is, those that have done
none, what is being done...
Commissioner Teele: Just pass that out.
Commissioner Sanchez: Yeah. ...like...
Vice Chairman Gort: I think that's Item 4
Commissioner Sanchez: No, it's not. It's Item 3. Is it? Item 3 -- if I'm out of order, I will stop. Is it Item 3
or Item 4? Mr. Chairman?
Ms. Warren: It is -- the issue, it's a part of the Five -Year Plan in terms of how we're going to proceed with
economic development, which includes the facade program. There is an item here for -- which actually
talks about specific economic development agencies, but what you directed was that we do an analysis to
determine why some areas were successful and others weren't. Our study basically revealed, they're not
successful because the agencies are not productive or good. They're not successful because some of the
businesses are different than they are in other areas of the City.
Commissioner Sanchez: Fine. Then, we, as a good government, should take the money from that area,
which I think some of the Commissioners may not approve it, but I'll tell you. When you look at this, you
have Allapattah, who has done a total of -- through the years -- and this is just totals -- 500 -- well, let's get
24 year. Where you look at Allapattah doing 113, Coconut Grove has done zero; downtown, 108; Edison
Little River, 12; Little Havana 136 facades; Model City, Overtown, 3; Wynwood, 20. You know, we cannot
continue to take money away from organizations that are doing an excellent job in providing social care and
providing money for those that aren't doing adequate work, and that is one of the things that I think that,
through the process here, along with the City Administration and yourself, we should target at. Hey, it
doesn't really matter because we can't continue to have these boundary wars, these race wars, which we're
coming up. "Well, my district isn't getting any money because of this." You know, the bottom line is,
you're holding people accountable, making sure that the programs are productive. You know, and once you
tell somebody, "Hey, listen, you didn't do your job. We're going to take the money away you." You know, I
believe in people given an opportunity, but if they're not going to provide -- you know, the ones that have
zero, what are they doing, just showing up and picking up their check?
Ms. Warren: Commissioner, the issue, as staff has -- and, again, this is up -- the Commission is the one who
makes the policy. But the issue that you directed us to review is why were some areas so successful and
others weren't. What we have basically provided you is a historical perspective that suggests that it may not
have all that to do with the organization. It has to do with the design of the program. If what you're doing is
designing a program that rewards an agency -- and this is not to say that some of our agencies are not good,
39 July 27, 1999
but what the program is designed to do is to provide financial assistance and, then, bonuses to businesses
who participate in the program. If you have a business area like at Allapattah or downtown or East Little
Havana, who is experiencing significant business growth, then what you're going to have is a lot of facade
programs. Conversely, if you look at a community like Overtown, where you literally only have 50
businesses, not 1,500, you're only going to be able to do a proportionate share of facades. So, inherent in the
design that you receive a bonus because of a business and not because of the uniqueness to that business
community, I'm suggesting that the City is a very unique place that requires different, economic
development strategies in different communities. You can't compare -- we're comparing apples to oranges.
Commissioner Sanchez: And, Gwendolyn, I agree with you on some points and some I disagree. I have
personally visited Overtown, and you mean to tell me that those businesses -- and I think there's more than
50 businesses in Overtown, trust me. There are more than 50 businesses. Some of them, their paints, they
look -- they haven't been painted in years. That facade program is to provide that assistance and why isn't it
being done? There are more than 50 businesses out there. And you know what, to do -- to have three bid --
three facade programs in one year, that's -- it's shameful. That's exactly what it is. It's very shameful.
There's a lot of businesses out there that could be painted. It's 70 -- they pay 70 percent -- I mean, the City
pays 70 percent and the owner pays 30 percent. There's a lot of businesses that need to take advantage of
this. They need to be basically educated, talked to, convinced, to take advantage of these programs. There's
no excuse.
Ms. Warren: Well, I'm not suggesting that this is the only reason.
Commissioner Teele: Mr. Chairman, Mr. Chairman, Mr. Chairman?
Chairman Plummer: Mr. Teele
Commissioner Teele: With all due respect, I think we need to establish an order of the day. We need to
have a public hearing. We need to let the public -- I mean, we're going to run out of time. It's 12 o'clock. I
need to put on the record that there is -- that there are documents available to the public of everything that
you all have passed out to us, the plans are available for the public to hear, and I really think that we should
have a public hearing and, then, the Commission the -- I agree with a lot of the points Commissioner
Sanchez is making. Some of them I'd like to better understand. But I really think it's important that we have
a public hearing on this Five -Year Plan.
Chairman Plummer: I have no problem with that. It is Item Number 3 and we would ask any of the public
who wish to speak on Item 3 to come forward, starting by giving your name, your mailing address and,
hopefully, we will hold you to two minutes per speaker. Start the clock. OK. We'll start with you, ma'am.
Ms. Janitza Kaplan: OK. Good morning. My name is Janitza Kaplan. I'm with Rafael Hernandez Housing
in Wynwood. The address 2902 Northwest 2nd Avenue. I'm here to -- first of all, I'd like to thank the
Commission for the concern that they're showing for us as taxpayers and different non profits that are
servicing the areas. However, with a lot of the discussion I've been hearing today, specifically with the
facade program, with how the funds are going to be dispersed throughout the community to assist the City to
continue to provide the kind of living qualities that we all deserve, I have one concern. Specifically, in my
area. Wynwood is a very poor area, and I think any one of you -- I invite any of you, who haven't been
there, to take a drive through any of the streets and talk to the citizens of the area and see how depressed that
area is and how desperately it needs the City to assist it. Our organization, unfortunately, was under
different management over the last six years and, I would be the first to say, they weren't as effective as they
should be. However, as the newcomer on the block, I'm very concerned in how the word of punishment and
if you haven't met the criteria, you're going to take away the funds, et cetera. That scares me as a newcomer
40 July 27, 1999
because I'm here to provide a service. I was hired by the Board of Directors of the Rafael Hernandez to
provide a service, and I'm concerned that the way that the Commission is discussing today how they're going
to disperse the dollars in the area and how they're going to quote unquote punish those that weren't
providing as they should, that they're not going to give people, like myself, the opportunity to give the
service that we can and that have the experience to work with community and provide the outreach that's
needed. I request that, if there is going to be any redistribution of funds or how you're going to decide to
distribute the funds, that there is a concern and an awareness for different organizations that are going under
restructuring and are really trying to make an effort to change policy within themselves so that they can
provide and meet the criteria the City has. In the last two and a half months that I've been heading the
organization, I think there are some city officials that I've been working very closely with that can certainly
attest to the change in Rafael Hernandez and the whole attitude and...
Chairman Plummer: All right.
Ms. Kaplan: ...aggressive attitude in servicing the area. So, I ask that you keep in mind that there are people
out there, there are changes going on, and that before you just take the red pen and start scratching people
out, you work with the different organizations and see if there is a change within the administration and
management so that they could provide the services.
Chairman Plummer: Thank you, ma'am.
Ms. Kaplan: If they're not doing anything, then I agree.
Commissioner Teele: Mr. Chairman, may I just inquire?
Chairman Plummer: Mr. Teele.
Commissioner Teele: What is the your specific recommendation to us relating to the area that you
represent, which is -- where you're -- target area, which is Wynwood, as I understand. What's your specific
recommendation?
Ms. Kaplan: My specific recommendation is A, we need to have the City be more involved in our area. We
-- our streets are filthy...
Commissioner Teele: OK.
Ms. Kaplan: Our crime is terrible.
Commissioner Teele: Stipulated. And what's the other recommendation? I agree with you on that.
Ms. Kaplan: OK.
Commissioner Teele: What's the specific...
Ms. Kaplan: When it comes to...
Commissioner Teele: ...Five -Year Community Development Plan that you would like for us...
Ms. Kaplan: We need more dollars to build in the area.
41 July 27, 1999
Commissioner Teele: To build what?
Ms. Kaplan: Not just -- build homes and rental properties. That people...
Commissioner Teele: Homes and rental property?
Ms. Kaplan: And we need to develop some kind of a, I would say, an economic situation where a chamber
or something can come in and educate our business owners in the area, so that they know what's available,
so that they know how they can go out...
Commissioner Teele: So, what you would like to see in your area -- and I just want to make this so that it
fits within -- you would like to see technical assistance in building business capacity, such as chamber of
commerce activities and those kinds of things?
Ms. Kaplan: That's correct.
Commissioner Teele: Is that -- OK. Thank you.
Chairman Plummer: All right.
Commissioner Regalado: But the problem is, what you're saying is that -- Commissioner, is that we are
somehow establishing a policy of punishing organizations that have not complied and that organization, in
particular, had some problems in the past and my question is, are we going to judge them for the problems
that they had in the past? Are we going to put them to task? What is the policy of the Administration?
Chairman Plummer: What do you need, Commissioner?
Ms. Dena Bianchino (Assistant City Manager): All agencies are eligible to apply during the RFP (request
for proposal) process, which will be held in August and September, and this agency is not prohibited from
applying there. They can apply, just like everybody else. So, they're not being red -lined or -- it would be
contingent upon what come forward with the proposal.
Ms. Kaplan: Yeah, but how would we be evaluated, based on previous performance or based on what we're
doing to perform the...?
Ms. Bianchino: I think the staff would evaluate you based on who you are at the current time.
Ms. Kaplan: At the current time.
Chairman Plummer: And what about need?
Ms. Bianchino: Well, obviously, it would fit into a continuum of everyone else is applying and what
neighborhood.
Chairman Plummer: OK. Well, in the next item, we're going to get to that because, in my district, we come
out extremely short. Ladies and gentlemen, let me make an announcement, if I may, please. Anything
beyond Item 3, 4, 6, and 7, if we're lucky, we're going to get finished before lunch. I doubt that we will. But
any other item beyond Item 7, we'll see you back here this afternoon after 4 o'clock. I will not guarantee -- I
will not guarantee that you'll even be heard this afternoon, but I'm saying, so that if you're waiting around to
go to lunch and you're beyond Item 7, at the best, you're going to get is 4 p.m. I can also tell you that the
42 July 27, 1999
previous announcement about continuing items over to Thursday will not be now taking place on Thursday.
To my colleagues on the Commission, Mr. Gort has a problem. I would ask you to check with your offices
to see if you're available on Monday, which would be August the 1 st. I'm sorry. August the 2nd.
Commissioner Regalado: What time?
Chairman Plummer: It's whatever my colleagues want. I would assume the regular time of 9 o'clock.
Commissioner Regalado: Nine o'clock, 10 o'clock? Ten o'clock.
Chairman Plummer: Nile thirty?
Commissioner Regalado: Ten o'clock.
Chairman Plummer: Ten o'clock -- whatever you all want is fine with me.
Commissioner Regalado: Ten o'clock is fine with me. I don't have any problem.
Chairman Plummer: OK. So, Mr. Manager, if you'll check around to make sure that Monday at 10 a.m.,
because there's no question in mind now, we're going to continue some items and, so, that takes care of that.
OK. Thank you, Ma'am. Mary.
Ms. Mary Hill: Hello. How are you all doing?
Chairman Plummer: Your name and your mailing address, please.
Ms. Mary Hill: My name is Mary Hill and my address is 146 Northwest 67 Street.
Chairman Plummer: Mary Hill, like others, you have two minutes to proceed.
Ms. Hill: Why you put a limit of two minutes on me, and I heard that before? Give me three or four. This
is very important. This is it, OK? Now, as founder -- and I want this documented with your Manager, your
Attorney, and the Clerk.
Chairman Plummer: So be it.
Ms. Hill: OK. I want this documented, so later on you can't say that you didn't hear this. Now, I am the
founder, the first of its kind, Anti -Poverty Program. The first concept, helping the poor, regardless to race,
creed or color. And there is supposed to be an extension of this EOP I (Economic Opportunity Protection),
which I find it was here in -- from here in Dade County and been well -documented on the White House
books as the Economic Opportunity Acts and Amendments, two-part program. One is for an office to be
established here in Dade County after my effort of bringing it here. Never happened. This is an approach
and this plan by Ms. Warren, I'm totally object, because it is not according.to statutory laws and guidelines
of October 1, OK, which is the guidelines for the laws and the set up, which I founded, that's supposed to
establish a poor people office here to help the poor in all poor areas, regardless to race, creed or color.
That's -- what we have here, under Ms. Warren's plan, is not part of statutory laws and guidelines. Now,
economic development, there is no more economic development. Statutory laws, United States Code book,
community economic development has been amended to read as follows...
Chairman Plummer: Your two minutes are up, Mary.
43 July 27, 1999
C]
Ms. Hill: Authorization of Appropriations. OK. Extend me just one more minute. Because October 1...
Chairman Plummer: I'll give you one more minute.
Ms. Hill: OK. This body is not able to carry out our national responsibilities in these areas because of
interference, other policies, other plans, and not the right policies and plans. This is the right policy and
plan and you all supposed to recognize me to work with you all to carry this out and give me my transfer
sheet of packages that came in to Dade County. I do have my numbers to the package and I want you all to
take this under deep consideration because the only thing I hear here is politics, diverting, circumventing,
preaching, plagiarizing, whatever you call it, until you go by statutory laws earmarked funds, which is not
CDBG at this time.
Chairman Plummer: Thank you, ma'am. Yes, sir.
Mr. Leroy Jones: Leroy Jones, 180 Northwest 62nd Street, Neighbors and Neighbors Association.
Commissioner Joe, I want you to, please, reconsider your comments, what you made about taking the
monies from the agencies in Overtown and Little Haiti and Wynwood. The reason why is because if you
take these monies from the agencies that control the facade program, then not only do you hurt the agencies,
but you hurt the businesses that's supposed to qualify and be able to take advantage of this program. If you
take the monies out the area, then it won't be no place for these businesses to go to qualify for the program.
I tell you what's so easy to understand about this. If you look at areas like Allapattah and downtown, where
you've got 10, 15, 20 businesses on one corridor, it's easier for those businesses to take advantage of this
program and each business put a percentage. In that way, they revitalize the whole block. Then, when, if
you take a business in Overtown, where it's just one business on that whole particular block and the business
is 4500 square feet, and to ask a contractor to paint a 4500 square feet building for 1,400, which the facade
program only gives you is ridiculous. That's one of the reasons why businesses in Overtown and Model
City and Little Haiti and Wynwood don't take advantage of this program, because they can't afford the extra
cost that they would endure to have they businesses restructured. And, particular, Model City's don't have
this program, which I think is an insult. Mr. Mason, used to be in control of the facade program in Model
City, did an excellent job. I recommend this board that Mr. Mason be given an opportunity to do the facade
program again in Model City because his excellent track work he had when he done the facade program in
Model City. Explain to you again, Model City do not have facade program. I recently gave a report to the
Commissioners. Recently, my organization help 16 businesses apply for the County Commercial
Revitalization Program. The County gives the businesses up to a hundred thousand dollars ($100,000) if
you're in the County. You only have to put up 10 percent. The City only give the business fourteen hundred
dollars ($1,400) and you have to put up six percent. These businesses -- out of the 16, 13 of them are in the
City of Miami -- won't get qualified for the County dollars. You know why? Because they are in the City,
they only receive 25 percent from the County because they located in the City, and the City would have to
put up the rest. But because the City only gives 1,400, it's not feasible and if -- for the businesses to apply
for this program, although 16 of them apply and 13 of them is in the City, through the City and the County.
If you look at the next page, we just helped nine of the businesses, out of these 13 in the City, apply and was
approved for the City facade program. But is they actually going to be able to take advantage of the funding
from the County and the City? No, because the Cityy, only gives fourteen hundred dollars ($1400). Please,
Mr. Joe, reconsider your evaluation because, if you take these monies from Model City, Little Haiti,
Wynwood, and Overtown, not only will you hurt the production of that organization, but you would
specifically hurt that business that can qualify if those organizations was doing these programs. I gave you
all a copy of all the ones that was approved, and this was only in one month. So, we helped nine businesses
through the facade -- through Over -- through St. John CDC and through Pierre Toussaint in Little Haiti,
helped these businesses qualify through you all program. It's just not enough money in here.
44 July 27, 1999
Chairman Plummer: All right.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I like to address the concern that Mr. Jones has. Mr. Jones, if I had an
organization...
Mr. Jones: Yes, sir.
Commissioner Sanchez: If I was in charge of an organization that provides social service or whatever
service it may be to this City we live in, and I have rules set forth and regulations by the City of Miami, in
whatever order it may be, whatever I may be doing, whether it be planting trees, cutting grass or changing
light bulbs, and I am required to change 50 light bulbs in one year or 30 light bulbs in one year and I change
no light bulbs in one year, my friend, I wouldn't have a job.
Mr. Jones: Commissioner Sanchez, let me explain to you. It's not necessarily the organization's fault, and
I'll tell you why. The Overtown -- the downtown businesses -- Allapattah businesses take advantage of this
program because they have so many businesses on the same corridor until it ain't funny, so they can take
advantage of these programs. To hold that agency responsible because only 20 people applied, which is not
the agency's fault because only -- maybe the 20 people can afford to put up the rest of the money, other than
the fourteen hundred dollars ($1,400) -- little fourteen hundred dollars ($1,400) that the City gives -- I think
is an insult. It's ridiculous -- can put up the rest of the money there to bear the rest of the expense. Let me
close with this, Mr. Joe. If there was more money in the facade program, if it was a reduction in how much
the business had to put up, believe me, way more businesses in Overtown and Liberty City and Model City
will apply for this program. So, please, don't hold the agencies responsible because the businesses don't go
in. The businesses don't go in because it's not feasible enough for them. I can take somebody on the corner
and paint my store for six hundred dollars ($600) and wouldn't have to go through the rhetoric with the City
to receive fourteen hundred dollars ($1,400), which a contractor, I got to pay him a certain wage, the
contractor to do it. So, it's cheaper for me to go on the corner to get a brother to paint my store for three
hundred dollars ($300) than to put six hundred dollars ($600) up to receive fourteen hundred dollars
($1,400), which is going to do the same work and going to look the same way as that brother that stood on
the corner. And, you know, I'm not -- what I want you to do, Mr. Joe, is just think about it because the
businesses -- and I understand. In Allapattah they do more. In downtown they do more because there's way
more businesses. But look into it to see why less businesses are qualified for these funds, because of that
reason. Because it's not enough money.
Commissioner Sanchez: If the money that's allocated to the facade program -- and all I'm saying is, I don't
want to take the money away from your community...
Mr. Jones: Right.
Commissioner Sanchez: But if it's allocated to the facade program -- and I was just informed by my
colleague that there are more items pertaining just than facade, other activities than facade. But if it's being
allocated for facade and there's no facades being done, then, what we should do is take that money and put it
into another organization in your district or in your community that is a productive organization.
Mr. Jones: But they're going to be doing the facade program, right?
45 July 27, 1999
Commissioner Sanchez: You're not doing any facades.
Vice Chairman Gort: Do something else.
Commissioner Sanchez: Do something else.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I think we need to hear from the public. I think Mr. Jones makes a
valid point, but I think we need to focus...
Commissioner Sanchez: Yeah.
Commissioner Teele: ...on what the Administration has before us. What the Administration has before us
now is saying, "Look, we recognize" and, by the way, I want to know why Little Haiti isn't incorporated in
this analysis, but it's not included. But what the administration...
Chairman Plummer: How about West Grove?
Commissioner Teele: The Grove is in it.
Chairman Plummer: It is? West Grove?
Commissioner Teele: Well, the target area is West Grove. I would hope -- well, the way things work in the
City, you can't tell. I don't know. I would hope that the target area is West Grove, but -- I mean, the
downtown is a target area so, I mean -- you know, Brickell may even...
Ms. Warren: It's called Edison Little River.
Commissioner Teele: Brickell may even be a target area when we finish.
Chairman Plummer: All right. Look...
Commissioner Teele: But the point is this, Mr. Chairman, what the Administration is recommending -- and,
Ms. Warren, you need to -- because I think Commissioner Sanchez and Mr. Jones may even be in agreement
on the basic issue. What the Administration is saying is, "Look, in the area where the facade program hasn't
worked, and in those areas, target areas, where it hasn't worked, we're going to give those target areas, the
target areas, the opportunity to stay into the facade program or to do some other eligible activities of
economic development."
Ms. Warren: Correct.
Commissioner Teele: So, facade program -- and the problem with what the City has done, I think -- and I
compliment what the management is doing now is that they've taken a "one -size fits all." In other words, it's
nothing wrong with saying "This works in Allapattah and this works in downtown and it doesn't work in
Overtown and Liberty City." There's nothing wrong with saying that. What's wrong is, for the last eight
years, the City has continued to fund those programs and, as a result, and what Commissioner Sanchez is
46 July 27, 1999
saying, in giving money to CDC's or community development corporations to run those programs and
you're not turning out anything, OK -- if you give an organization forty thousand dollars ($40,000) to do
facade and one organization does one and another organization does sixty with the same forty thousand
dollars ($40,000), OK -- I'm talking about administrative cost and how that's been done -- then, the issue
becomes, not taking the money away, but reprogramming the money to more eligible uses. And I think that
is what is contained in the recommendations that we ought to be looking at. For myself, in Overtown, I can
tell you, having looked at it -- and Liberty City, by the way, is 10 times the population in size of Overtown
for a target area. I mean, the target area of Overtown is about 8,000. The target area in Liberty City, Model
City's is about 30,000 -- 35,000, OK. And both of them have only one or two in the total area. But for both
of those areas, for my money, I would much rather see infrastructure support around those businesses that is
one hundred percent paid by the City. And if you go -- for example, if you want to take some of the
businesses you've listed -- if you go to those businesses that you've listed right now for facade and ask them,
would they rather have sixteen hundred dollars ($1,600) -- double it, thirty-two hundred dollars ($3,200) --
for facade or would they rather have a parking lot for 12 cars or 15 cars, which cost an average of two
thousand dollars ($2,000) a park -- a space, they'd rather have the parking. So, I think, the point that we
need to understand -- and this is, particularly, true in Wynwood as well -- is that what the administration is
saying is, we're not canceling the facade program, but we're going to expend the eligibility of these funds for
other activities, other than facade. That's all that they're saying right now. If somebody wants to do facade,
they can continue to do facade. But in certain target areas they're saying they want to expend eligibility.
My concern is that I think they've expanded it too much. I don't think we ought to start talking about giving
loans as a point, but I do agree with Ms. Kaplan's point, that we ought to provide technical assistance, for
example, for organizations, such as the Chamber of Commerce, which is what Ms. Kaplan mentioned, or for
the Neighbors and Neighborhood Association, such as -- because I think capacity building is where we need
to be in some of these areas. So, I think you all may be saying more of the same thing than you appear to be.
But I welcome your input and I think it's very helpful.
Mr. Jones: Look, Commissioner, I just don't want the businesses that will be able to take advantage -- the
ones that do want to take advantage, you know, to have to bear the burden because of that, you know. And
that's my particular goal, is because now I've got 16 businesses that, although been approved through the
City, won't be able to take advantage of it if this reconstruction or if -- the time frame because the County
actually waiting to see what I can actually do with the City, to get from the City to help these businesses.
Commissioner Teele: Why don't you meet me in my office at 1:30, if it's all right with you, today.
Chairman Plummer: All right. Item 12 has been requested. Mr. Clerk, Item 12 of the regular agenda, has
been withdrawn by the applicant. OK. Folks, we have 18 minutes before lunch. I would ask you to govern
yourself accordingly and, please, remember, we're talking now to Item 3, not necessarily the Commercial
Facade Program. We're on Item 3, is the order of the day. Ma'am, you're next.
Ms. Anne Manning: Thank you. My name is Anne Manning. I reside at 2641 Southwest 30th Court. I am
the Executive Director of Habitat for Humanity of Greater Miami. And we are here, Commissioner Teele,
Commissioner Sanchez and Commissioner Plummer, to request your support of this Consolidated Plan, get
it to HUD, get the money on the street. If there are changes that must be made to satisfy rental providers,
then do so, but let's not dally about it and let's get it approved. We would like to say that Habitat does build
in the City. We're working on our 33rd -- 23rd house in the City of 300 countywide. And, Commissioner
Plummer, those are affordable at about three hundred and fifty dollars ($350) a month. People can buy their
own homes, and it is an affordable way because of low -- no interest mortgage financing. So, we wish your
support on this Consolidated Plan. Thank you.
Chairman Plummer: Thank you, ma'am.
47 July 27, 1999
Commissioner Teele: What's the most numbers of homes -- ma'am, what's the most number of homes that
Habitat could build over the next five years if you had the full support?
Ms. Manning: The support we ask from the City is land and infrastructure. We do not accept government
funds for the construction. We're building at about 60 houses a year now.
Commissioner Teele: Sixteen?
Ms. Manning: Sixty. Most of those are in the County. We want to be in the City full-time.
Commissioner Teele: That's -- you're not hearing my question. If a part of this plan -- if the City
Commission were to say we're going to prioritize right now our housing dollars to support Habitat for
Humanities, not change what you're doing in terms of your philosophy or what, you need land, what is the
most number of houses or would you consider giving us the most number of houses you all could build a
year? Because for my money, Habitat for Humanity is doing the best job in the entire state of Florida in
providing housing for the eligible people. And, so, our plan is overly skewed, overly skewed, toward home
ownership, OK, and a lot of people have concerns about that.
Ms. Manning: I understand.
Commissioner Teele: You are our best hope in making this plan work on the front end, on the front end.
And, so, I would only ask you to come back to us later on -- the management -- and tell them whatever you
need because, as far as I'm concerned, I would support an amendment to this plan to prioritize Habitat for
Humanity dollars or activities that you all need in home ownership.
Ms. Manning: We thank you. We will come back.
Chairman Plummer: All right.
Commissioner Teele: Sixty homes a year would be great.
Chairman Plummer: Mariano.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami. First, I am not a service provider. I
don't work for a service provider. I don't have a CBO. Only thing, I live down there to make sure, as a
taxpayer -- I'm here to make sure my Federal dollars goes to the right place. I work for the Post Office and
when I go there every morning and look at United States Postal Service, it doesn't say United States Postal
Service. The postal service belongs to everybody. But it looks like, in the City of Miami, is getting all the
zoning department belongs to the employees. It's still being there to serve the people. For them to serve
themselves. There's a lot of rhetoric going on. They don't follow this. I haven't been in Allapattah target
meeting in two years. Why? I'm also -- this is still in place, right. Also, another thing, they mention things
like -- I am a Civil Service employee. I am protected under Civil Service. Why Civil Service? Because that
gives me the right to be (unintelligible) way and be protected. With the City of Miami now, in Community
Development, there is no type of protection. It is a lot now be unclassified. Then, that put fear in the people
not to say anything. Because you are unclassified, you don't have Civil Service to fall back to and that's
happening there. Because people call me at home and tell me. The same thing now going to housing
because that's the thing that I like to say now, since you have (unintelligible) to fuss (phonetic). The County
is trying to put public housing in Allapattah, and you know how I knew it? Because somebody from the
County call me. In the Metro -Rail Station they want to put 120 units for large families rental, so where is all
48 July 27, 1999
this housing -- Home Ownership going? When they got there — and, then, the City say they can't do
anything because the Planning Department -- OK. The Planning Board say, OK, and everything OK. And
they get so -- we'll be subsidizing again the County? How come? Whenever they don't want some project,
they put it inside the City limits? Is that...
Chairman Plummer: Mr. Cruz, your time is up, sir.
Mr. Cruz: OK. Thank you. Well, I be back on other item, probably.
Chairman Plummer: Thank you, sir.
Vice Chairman Gort: Mr. Chairman, I have a question...
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: ...of staff. My understanding is the stations that are owned by the County, we don't
have any jurisdiction on it?
Chairman Plummer: That's correct.
Ms. Bianchino: No, sir, we do not. We have no zoning jurisdiction, and they have only recently agreed to
put a City staff member on their Selection Committee.
Chairman Plummer: OK. Ma'am?
Ms. Nilsa Velazquez: Good morning. My name is Nilsa Velazquez. I'm the Executive Director of Kidco
Child Care. I'm here in support of the Consolidated Plan and, also, here in support of Wynwood
Community. I agree with Janitza Kaplan on the needs for facade programs, as well as the De Ostos Senior
Center and senior center. As well as ASPIRA of Florida and the need for the youth drug prevention
program. But, mainly, I'm here to support Kidco Child Care and the needs of the child care services in the
conununity.
Chairman Plummer: That's not on these items.
Commissioner Teele: That's the next item.
Chairman Plummer: That's in the text item. That's Item 4
Ms. Velazquez: OK. Well, I'm here to support the Kidco Program. Thank you. And ask for your support.
Chairman Plummer: Thank you, ma'am. Sam.
Mr. Sam Mason: Mr. Chairman, members of the Board. I'm here to make a comment in terms of the Model
City's areas, and be very specific as it relates to the facade program. For the last two years I've been
speaking about facade program in the Model City's area. Commissioner Sanchez spoke about businesses.
We have lots of businesses in the Model City's area that need painting and everything. But what has been
happening, they have brought people into Model Cities who couldn't deal with the situation and, therefore,
they was ineffective. And this went on for the last three or four years. And we've got the name that Model
City is not effective. If you check your historical records on Model City, we were one of the most
productive groups in the facade program. We started at the beginning of it and we produced as many
49 July 27, 1999
facades as anyone in the City. What we're saying, we want to get back in the program or we can produce.
The market is there. And we said we want the effort and we're here to do it. We support the Five -Year
Plan. All we're saying to the Commission, to be fair and that's in terms of Model Cities. I've worked when
Dena was out here. I've worked with everyone out here (inaudible) of this. Our Commissioner Teele told us
in his last public hearing that he wanted the place cleaned up. I've been making -- walking the streets of
Model Cities and the reports I'm getting about how bad the buildings look, etcetera, etcetera, etcetera, taking
names and members. I've spoke to the NET office. We have to do something about this. As I said before,
we are on the move; we're willing to do it; we are ready, and all you have to do is give us marching orders.
Chairman Plummer: Thank you, Mr. Mason. Yes, ma'am. Your name and mailing address, please?
Ms. Juanda Ferguson: Yes. My name is Juanda Ferguson and my address 1115 Northwest 50th Street,
Miami, Florida 33127. My comment is this, I'd like to see the Commission or the City issue a request for
proposal for design services for the corridors, the commercial corridors, that aren't doing well with the
facade program. Thank you.
Chairman Plummer: Thank you, ma'am. I see one, two, three -- who's going to be first over there? You are.
All right. How come I get two?
Ms. Hattie Willis: Give one to...
Chairman Pluminer: All right: For the record, if you will, give us your name and mailing address.
Ms. Hattie Willis: Yes. Good morning. My name is Hattie Willis. I reside at 5510 Northwest 1st Avenue,
Miami, Florida. Good morning to the Commission. First of all I want to say that, I'm hereto say to the
Commission, thank you very much, and to Ms. Warren for coming up with this magnificent plan to help my
community. And the overall objective of Communities United is to bring revitalization of economic and
community development to our community. Commissioner Teele, what I would like to ask of you is, the
first thing that we would like to do is like to include a few things into this, and one of the overall things that
we would like is to ensure, out of the seven thousand homes that's going to be built in the next five years,
that at least a thousand of them come to the Little Haiti area, which is known as the Little River
Edison/Lemon City area. And we also would like to work closely with Ms. Warren to ensure that these
things take place. And, also, we would like to be a part of -- if we can see that one hundred of those homes
are built in our community within the next year of the homes that's going to be built, a thousand overall. We
need, we would like to have some of the boundaries changed. I just passed out some pictures, and those
pictures, Commissioners, they -- all of those pictures come from one area, the area of North Miami Avenue
to Northwest 6th Avenue, which is adjacent to I-95, from 54th Street to 36th Street. There is over 50 vacant
and abandoned and boarded up and dilapidated homes in that area, and that particular area was excluded
from the Plan, and we would like for you to, please, adapt that into the Plan.
Chairman Plummer: Well, we'll ask the question...
Commissioner Teele: Ms. Willie...
Ms. Willis: Yes.
Commissioner Teele: I'm sorry.
Chairman Plummer: We'll ask the question eventually, why, but Commissioner Teele.
50 July 27, 1999
•
•
Ms. Willis: Go ahead, sir.
Commissioner Teele: Are you saying they're excluded from the target area or they're excluded from the
Plan?
Ms. Willis: They were excluded from the zone, the district. When they did the Plan and mapped out...
Commissioner Teele: You're talking about the home...
Ms. Willis: Homeowner -- right, the home -- go ahead.
Ms. Leonie Hermantin: This is the Community Revitalization District.
Ms. Willis: Right.
Commissioner Teele: The Community Revitalization District. All right.
Ms. Willis: OK. So, we would just like for you to look at what we put together, and we're going to explain
to you the boundaries of what we would like put in. And like I want to say overall is, the Plan is a good
plan. We like the Plan, but we just want some amendments done to it. Go ahead.
Chairman Plummer: Thank you, ma'am. The next speaker is over here. And your name?
Ms. Hermantin: No. I'm going to add to the...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: I'm sorry.
Ms. Hermantin: I'm sorry. I'm adding to the Plan.
Commissioner Teele: Would you allow -- because this is a continue -- different speaker on the same
subject?
Chairman Plummer: I'm sorry. I was not aware of that.
Ms. Hermantin: I'm sorry.
Chairman Plummer: For the record, your name and mailing address, please.
Ms. Hermantin: Yes. I'm Leonie Hermantin and I'm at 6660 Biscayne Boulevard. I would also like to
commend the Office of Community Development for an outstanding Plan and for their commitment to
communities and to make sure that services are actually going to the communities. So, this is my personal
applaud for the staff at the Community Development. I would also like to -- I'm continuing now to talk
about what we would like to have added to the Plan in terms of the boundaries. With regards to the
Community Revitalization District, we are proposing that the boundaries be redrawn to include -- and you
have the boundaries -- to include Northwest 79th to the north; 45th Street to the south -- Northwest 45th
Street to the south; Biscayne Boulevard to the east, and 1-95 to the west. In terms of the Home Ownership
Zone -- and we also, wholeheartedly, support the promotion of Home Ownership because we understand
that it is a major, major strength in that -- in the community's attempt to become economically independent.
51 July 27, 1999
So, we -- in terms of the Home Ownership zones, we're proposing, again, the areas be expanded from
Northwest -- Northeast 36 to the south, meaning, the west -- west Buena Vista; Buena Vista west to the
south, Northeast 36th Street, Northwest 79th to the north; North Miami Avenue to the east, and I-95 to the
west.
Commissioner Teele: Ma'am?
Ms. Hermantin: So, we're excluding Buena Vista east and we're including Buena Vista west.
Commissioner Teele: OK. We've got this well -documented. And what I don't want you to do is lose any of
your time. I've just conferred with the staff and they believe that your boundary does, more appropriately,
reflect -- they're going to have to check with census data -- but the amendment will be to include this area, if
it is eligible under the Federal standard.
Ms. Hermantin: Right. You know, again, we're concerned again that the area by Morningside has been
excluded. While we understand that there are incredible transformations occurring in this neighborhood, we
are serving communities that are still very much in need of the social services that you offer. So, we're
asking...
Commissioner Teele: You said Morningside what?
Ms. Hermantin: The Morningside area, and that's -- we're asking that, in terms of social service, whereas we
don't need, you know, the housing part...
Chairman Plummer: Excuse me. Could somebody ask that meeting outside that's making all the noise to
move it outside? Courtesy to the speaker. Thank you.
Ms. Hermantin: We want to make sure that people residing, especially those who are renting, are residing
in certain areas or still have access to some of the services that would be made available under this proposed
Plan, and that's why we have included the Morningside area in terms of the quality of life enhancement
programs. In terms of the commercial, and we would like to stress, again, that the Plan has stressed the
industrial zone and we have corridors, which have, you know, potential businesses that need this support.
As Commissioner Teele, who's very familiar with the area, would recognize that Northeast 2nd Avenue
should be recognized as a corridor, as well as 79th Street and 54th Street. And this is why we have asked
that these corridors be added to the Plan. And we thank you again for listening to us. Thank you.
Chairman Plummer: All right. As that part of the...
Commissioner Teele: I just have one question of the Little Haiti delegation of this area, and I know there
are other people. The issue of Habitat for the Humanities, I am very strong in support of what they're doing.
You have no objection to us -- I know you're talking about more housing. The best way to clean up these
vacant lots is to put a house on them. I think we agreed with that, right? Would you support me if I asked
that Habitat for Humanity prioritize Little Haiti as well for more housing?
Ms. Hermantin: Yes. But we would also like to ask, since Little Haiti Housing has been in the community,
we would also like to ask that Little Haiti Housing and Habitat for Humanities work together...
Commissioner Teele: Yeah.
Ms. Hermantin: And we would like to have a role...
52 July 27, 1999
Chairman Plummer: Excuse me.
Ms. Hermantin: Yes.
Chairman Plummer: Mr. Manager, do we have an officer that can go out and speak to those people who,
obviously, don't understand me? I mean, it's just common courtesy to the speaker.
Commissioner Teele: Thank you very much.
Chairman Plummer: All right. Now, the policy of this Commission is, the last speaker at noon is the last
speaker. I will stretch, with the permission of my colleagues, if you all can be very quick, to try to get this
item finished, but, if not, I'm not going to let it run on to 12:30 or 1 o'clock. Because I'll announce again,
that, in fact, at 1:30, for anybody watching television, there will be a presentation on the Parking Surcharge
for people who are in the parking business or could be affected by the parking surcharge. The
Administration will put on a 30-minute presentation, hopefully, to explain the particulars. Now, how many
more speakers do we have over here?
Ms. Willis: Mr. Chairman, I just need to...
Chairman Plummer: One, two -- well, wait a minute. Hold on.
Ms. Willis: Oh, sorry. OK.
Chairman Plummer: One, two, three, five. We have over here three. That's eight. Ma'am, you are going to
be the last speaker. I'm sorry. No, I can't do it. I mean, I've got eight speakers. If I do that and give each
one of them two minutes, they're not going to hold to it.
Ms. Willis: I just have a request for Commissioner Teele. Commissioner Teele, you know that we have put
together the revitalization task force for Little Haiti and we asked you to sit on that board. We have made a
committee that is strictly dealing with the housing problem that we have in our community, and I would like
to ask you, if it's possible, that we could sit down with Ms. Gwendolyn Warren and have that -- so we can
work closely with Habitat for Humanities, and sit down with them to ensure that we get our fair share.
Commissioner Teele: Please do.
Chairman Plummer: Thank you, ma'am.
Ms. Willis: Would you please do that?
Cormmissioner Teele: Yes. Yes, ma'am.
Ms. Willis: Thank you, sir.
Chairman Plummer: OK. Let's try to wrap it up very quickly, OK?
Ms. Sue Loyzelle: OK, very quickly. My name is Sue Loyzelle and my address is 175 Southwest 15th
Road, Miami, 33129. And I'm here to speak in favor of the proposed Five -Year Plan. I do ask that you pay
attention to Page 99, where it talks about the park bond and that there is a consolidated effort between the
Parks and Recreation Department with the park bond money, as far as building the facilities, that they are in
53 July 27, 1999
9
cooperation with what your needs are, i.e., child care and elder care. And I think that we can make a very
huge mistake if we don't design those facilities to enhance your needs that you have in the community.
What I see is, I see one group doing one thing and one group doing another and there's no consolidated
effort, and I would hate to build these beautiful facilities and not be able to accommodate your needs. The
other thing is that there are many social service agencies out there that can bring extra money, other money,
outside funding sources, that you can use to leverage monies...
Chairman Plurmner: OK.
Ms. Loyzelle: ...if we provide proposals and be able to provide programs in those parks. As you are labor --
facility rich with this park bond money, but you are labor poor, and the social service agencies can come in
and help you and it would be a great partnership. So, I ask that you try to get those departments, if they're
not already, working together to help that. Thank you.
Chairman Plummer: Thank you. Yvonne.
Ms. Yvonne McDonald: Yvonne McDonald, 3672 Grand Avenue. And I, too, want to echo the comments
on many of the previous speakers about the Consolidated Plan. Overall, I agree with the Plan.and I think
Ms. Warren and her staff has done an admirable job. Coconut Grove is a community that appears to be
overlooked in a lot of areas. One of the comments that I want to make is, Liberty City has 60,000 residents;
Overtown has 8,000, and Coconut Grove in the target area has 4,000. And my concern -- and some of the
comments that were made this morning about communities that are not producing. It appears that we're not
looking at what the problem is. And Ms. Warren's suggestion that it is not the CBC's -- CDC's but the
process, I think, is really the case. In Coconut Grove, for example, we have a facade program. We receive
funding to produce facades. We have, in the past several years, produced facades, but we have also worked
with many, many organizations to do facades outside of our CDBG funding. We have also produced many,
many technical assistants to businesses under economic development. And I welcome Commissioner
Sanchez to visit Coconut Grove and to see some of the work that our agency is doing in the area of technical
assistance to businesses in the community. The facade has been an ongoing concern for our area, and we
are working right now with the businesses to really produce facades. But one of the major concerns that I
have is the support for the businesses, and I really think that what we need, particularly, in our community is
to build merchant associations to help those businesses to be able to work together, to come up with a
Consolidated Plan, which is missing, I think, in particular, in the communities like Coconut Grove and
Overtown and the Model City area and Wynwood. Those businesses that are struggling to survive need
technical assistance, and our agency is working very, very hard to establish a merchants association that will
build the kind of support within the community to help them work together...
Chairman Plummer: All right.
Ms. McDonald: ...so that they can pool their funds. The other concern that I have about the Plan is under
social services. One of the areas that we're really working with...
Chairman Plummer: We're not talking social services now. We're talking...
Ms. McDonald: We're talking about the total Plan and that...
Chairman Plummer: We're talking about the Five -Year Plan.
Ms. McDonald: The Five -Year Plan includes the public service aspect. And I want to emphasize the point
that a lot of the social service agencies in our community have a consolidated -- have consolidated their
54 July 27, 1999
agencies, and we serve as an umbrella organization for many groups who do not apply for CDBG funding
on their own. We would like to urge the Commission to really consider a collaborative concept, where we
have one or two agencies providing a proposal for CDBG funding that will represent several organizations
under one umbrella.
Chairman Plummer: Thank you, ma'am. Eleanor.
Ms. Eleanor Kluger: Yes. Eleanor Kluger, 1000 Venetian Way. I am a member of the Citizens Advisory
Board, of which this Plan is part of. I think we are here, as we listen to our City Attorney, we are here to
approve this Five -Year Plan, and your citizens group has recommended that you, the Commissioners,
approve the Plan. Also tacked onto this is Part H of this, which says about appropriating the funds into
different categories. That really should have gone -- not been part of this. That's the reason you have the
outcry from all the people here. All of us, we're considering this an overall view, a working plan, something
that we, as the citizens board, would be listening to everybody on, and we have been excluded from this, and
everyone has been brought here before you now to hear what normally goes on for, at least, five or ten
meetings that we would be listening to and trying to make decisions, along with staff. I really think that
you, as Commissioners, could vote for the Five -Year Plan, like we were supposed to do this Commission
meeting, but to maybe hold off on some of the appropriation finding and do that at a later date, after we've
had some meetings on this. I'm sure many of you have heard that the Citizen's Advisory Board has not had
the opportunity to see any of the paperwork that you received today, nor have we been involved in any of
the other future things that are on here, except for the fact that we were to approve the Plan and we were to
extend funding to the people that are getting funding now for three more months. All of the other things on
here, we have no knowledge, except what we read in the newspaper about. Thank you.
Chairman Plummer: Thank you, ma'am.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: See -- Ms. Kluger, I have a great respect and admiration for what you've been doing
over the last year, and I want to be very clear about that. I'm concerned about the statements that you just
put in the record relating to Item Number 3. I think your statements really relate, not to Item Number 3 but
to Item Number 4...
Chairman Plummer: Yeah.
Commissioner Teele: ...and I want to clarify that, and I would hope that you would clarify that on the
record. Because what we're charged with doing is considering the Five -Year Plan. That's a resolution that
incorporates that, and I would like to paraphrase. We're not here to approve it. We're here to deliberate
over it and then approve it. I mean, I don't want you to feel that just because it comes here, we're going to
approve it. But there's an ordinance that is also with this, and what does that ordinance do, Mr. Manager --
Mr. Chairman -- Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): It's an -- it appropriates four new special revenue funds for
Community Development Block Grant Funds, the 25th Year.
Commissioner Teele: But that is to receive all of the money?
Mr. Vilarello: Correct.
55 July 27, 1999
Commissioner Teele: That's all it does. So, your comments about us dividing money or appropriating
money don't relate to this item at all.
Chairman Plummer: Excuse me.
Commissioner Teele: They relate to Item Number 4
Chairman Plummer: Excuse me. I don't mean to interrupt, but reading the agenda, it's very clear.
"Establishing the four new revenue accounts and appropriating funds as herein specified."
Commissioner Teele: Well...
Chairman Plummer: That's very clear.
Commissioner Teele: All right. So, Mr. Attorney, what are we appropriating?
Mr. V ilarello: You're appropriating a certain amount of funds to the different revenue accounts.
Commissioner Teele: In Item Number 4?
Mr. Vilarello: In Item Number 3. So, you -- certain funds are appropriated to each of the four new special
revenue funds. It is...
Chairman Plummer: That's as far as it goes.
Commissioner Teele: But hold it now. We're not appropriating money to any community -based
organization. We're only setting up -- and, Mr. Judy, I hope you're listening to this. We're only setting up
the accounts now.
Chairman Plummer: That's correct.
Commissioner Teele: The account codes. We're not appropriating money in the sense of expending money,
but we're merely authorizing...
Chairman Plummer: Appropriating into that fund.
Commissioner Teele: And I don't think the word should be appropriating. I think it really should be...
Chairman Plummer: Transferred.
Commissioner Teele: ...authorizing the account codes or whatever that is. But the only point that I want to
be very clear on, I agree with what Ms. Kruger is saying as it relates to Item Number 4, about what she's
read, and there are appropriations on Item Number 4. But in our deliberations of Item Number 3, the
Five -Year Plan, we're really not appropriating any monies, and I want to be clear with that, Madam
Manager, is that correct?
Ms. Bianchino: I would suggest that we are accepting the money. That's a little clearer than saying...
Chairman Plummer: You're transferring the money.
56 July 27, 1999
C]
r 1
U
Ms. Bianchino: ...we're appropriating the money.
Commissioner Teele: OK.
Chairman Plummer: OK. Pedrito.
Ms. Kluger: All right. It says appropriating.
Commissioner Teele: OK. So, you do withdraw you objections to that portion of your testimony on Item 3,
and you reserve them to go forward on Item Number 4?
Chairman Plummer: All right, all right. Excuse me.
Ms. Kluger: Yes. I was just reading, at verbatim, what it says here and that's what I understood from the
attorney.
Chairman Plummer: All right.
Ms. Kluger: I accept your...
Chairman Plummer: I am now going to adjourn this Commission meeting. We now have one, two, three,
four new speakers over there who want to be heard. That will be, at least, 20 minutes and, in deference to
that, I will ask all of you to, please, be back here at 4 o'clock this afternoon. Let me give you the time frame.
At 1:30 will be the Parking Surcharge; at 2 o'clock we will start deliberations on Charter changes, and
immediately following that will, in fact, be the NET office presentation of which office? I don't remember.
Overtown. Let me remind you all again that Items 26, 42, 51, and now Item 12 and PZ-10, if you're here for
any of those items, you can go home because they have been withdrawn. This Commission stands in
adjournment until 2 o'clock for specified items as this continuation of Item 3 and/or will be after 4 o'clock
this afternoon.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:11 P.M. AND
RECONVENED AT 1:30 P.M. WITHALL MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, EXCEPT COMMISSIONERS REGALADO, TEELE, SANCHEZ, AND VICE CHAIRMAN
GORTT,
8. PRESENTATION ON PARKING FACILITIES SURCHARGE PROGRAM.
Chairman Plummer: All right. This presentation is going to be made by the Administration in relation to
the Parking Surcharge. Basically, and I hope, that they will be addressing the issues of who is covered, how
they're covered, how they're charges, how they will be paid, and all of the information so that if you're in the
parking business and you do make a charge for the parking which you provide, that you will have sufficient
information from this presentation to know how you can be in compliance with the new ordinance relating
to parking surcharge. Mr. Manager, the floor is yours.
Mr. Donald Warshaw (City Manager): OK. I was going to say for all of your colleagues, copies of the --
there's a copy of the presentation, a hard copy. Everyone should have one. Do they?
Chairman Plummer: They do? OK. Go ahead and proceed. I'll find mine somewhere. OK. Go ahead and
57 July 27, 1999
proceed. I'm sitting on it Mr. Manager. OK. Go ahead and proceed. And I assume that this same would be
available to the public, if they wanted copies? Including the ordinance, I'm sure. For the record, if you will,
identify yourself and proceed.
Ms. Bertha Henry: Good afternoon. My name is Bertha Henry, Assistant City Manager for
Finance and Administration. I'd also like to introduce Julie Wheatherholtz. Julie is the Finance
Director for the City of Miami, and Julie is the official administrator of the program. This is
Julie to my left. Today, we'd like to give a brief overview of the Parking Facilities Surcharge
Program. We certainly want to pause, whenever appropriate, to respond to any questions that
you have and, with that, we'll just move along. To start with a little background. I think it's
important to talk about why we're here, why there is a parking surcharge. The City of Miami
provides services, not only to its four hundred and some odd thousand residents, but it also
provide a myriad of services for all of the people who work and visit in the City of Miami. As
you all know, the City of Miami experienced a fiscal crisis, and it was important that we began to
identify a new revenue source to help us continue deliver those services, effectively, as well as
efficiently. And, so, basically, first and foremost, we're here with a parking surcharge because
the City is in need of recurring revenue to support basic services, and those services are provided
to any and everyone who lives or visits or work in the City of Miami. It was also important, as
we identified a recurring revenue source, that we identify one that would have those people who
do not live in the City or own a business in the City to assist us in providing those services. So,
the parking surcharge, because 82 percent of those impacted are non -City residents, we felt is a
park -- a source that would be equitable and it allows us to provide those services that we need.
Unidentified Speaker: (inaudible)
Chairman Plummer: Can I stop you?
Ms. Henry: I can't hear. I'm having...
Chairman Plummer: Let's go ahead and do the presentation and, then, because it's being taped for further
use, I would have ask you to come to the microphone with your questions, so that the people, when they see
this video tomorrow, will be able to hear what your question was.
Unidentified Speaker: She said...
Chairman Plummer: No problem. OK. Let's go ahead with your presentation.
Ms. Henry: The legislation that we -- that the City passed on July 13th has its basis in state law. There are,
basically, four requirements, with respect to the parking surcharge, that are founded or grounded in State
legislation. First and foremost, the State law provides that the maximum amount of the surcharge is 20
percent. Second, it requires that a minimum of 60 percent, but no more than 80 percent, be used for tax and
fee reductions. One of the important ingredients for fiscal stability in a community is that it has the
capacity, in the future, to meet its obligations and, as you may or may not be aware, the City of Miami
currently is at its cap with respect to ad -valorem millage. The State legislature recognized that. They
understood that, given the demographics of our City and our residents that we needed to dedicate a portion
of those resources to help alleviate some of the financial burdens on our residents and businesses. It also
requires that a portion of those fees be dedicated to build reserves. It's important that a City of our size be
able to provide for emergencies. For quite some time, the City has not been in a position to build its
reserves to prepare for unforeseen events in the future, recognizing that that's an important ingredient in
terms of your fiscal stability. The State legislature also required that a portion of those fees go towards
58 July 27, 1999
building those reserves. And, then, finally, the legislature suggested that, after a 15 percent reserve level is
met, that the City should begin to reduce its non-advalorem debt reduction. Once again, as you look at all of
the elements that determine a City's fiscal health, having adequate reserves, having low debt are important
ingredients, and the legislature... recognize that. Accordingly, the City passed an ordinance on July 13th
and, basically, there are a couple of provisions that's important for us to point out. First and foremost, the
parking surcharge is effective September l; that it implements the 20 percent surcharge, and it applies to all
parking facilities, whether it's garages, lots or what have you, where there is a fee for parking. So, whether
it's privately owned or it's government -owned, the surcharge applies. At this point, I'm going to turn it over
to Julie. Julie and I are going to share in the presentation, and she'll follow the next few slides.
Ms. Julie Weatherholtz: Julie Weatherholtz, the Finance Director for the City of Miami. As Bertha
mentioned, the Finance Department will be responsible for the implementation and monitoring of this
program. First thing I want to cover is, how does the program work? Patrons using parking facilities within
the limits of the City of Miami will pay an additional 20 percent for the cost of parking. The parking facility
owners and operators will collect the surcharge on behalf of the City. The remittance of this surcharge is
due to the City by the 20th of the following month. Who is affected by the parking surcharge? The
surcharge applies to any patron who pays for parking at a parking facility within the limits of the City of
Miami, including, but not limited to, the daily, weekly, monthly, and annual payments to a parking operator.
It also applies to valet, event parking, and parking validations. Who's not affected by the surcharge? The
surcharge does not affect patrons who are using parking meters that are located on the street. It does not
affect residential tenants of apartments, condominiums, or co-ops. And it does not affect parking where no
payment transaction is involved. But I do want to note that non-residential parking provided, as part of a
lease, is subject to the surcharge. The proceeds will be used in accordance to the State law, as Bertha
discussed. Discussions to -date include ad valorem millage reductions and a freeze or a reduction on the fire
fee, and the final determination will be made in September at the budget hearings, as part of the fiscal year
2000 annual budget. Based on the current discussions, examples include: For every one thousand dollars
($1,000) in assessed evaluation of a property, the following savings and revenue impact will apply. We just
picked some examples here, where we show, if millage is reduced by a half a mil, the savings to a property
owner would by five dollars ($5) for every thousand dollars ($1,000) of assessed value. The total revenue
reduction impact to the City would be six point two million dollars ($6,200,000). Likewise, if the reduction
was a quarter mil, it would be two dollars and fifty cents ($2.50) savings per one thousand dollars ($1,000)
of assessed value of the property, and that would have a three point one million dollar ($3,100,000) revenue
lost impact to the City. A freeze in the fire fee hold the rate for residential to sixty-one dollars ($61) versus
the proposed increase to eighty-three dollars ($83). That would translate to a revenue loss of the City of
four point one million. How much will the surcharge generate? Currently, staff is pursuing two approaches
to refine the estimate for parking surcharge proceeds. The first approach was to use a formula that was used
during the pursuit of the legislation, which applies a projected use to a total number of parking spaces. The
second approach for a calculation was based off of the state impact analysis, prepared by the State when the
legislature went forward. The first approach, which was the part using the parking spaces and estimating the
use of those parking spaces, had to make several assumptions. Those assumptions were that, within the
City, there are roughly 60,000 parking spaces. It was also assumed that each space would generate five
dollars ($5) a day, each day of the workweek. Five days. And we realize that several spaces are filled
multiple times during a day but, then, we also had to assume that several spaces were not filled several times
during a day. So, to simply it, we just gave each space a value. We assume there's fifty active workweeks
per year and that the weekend generates five percent of the weekday revenues. If these assumptions were to
hold true, the surcharge would gross roughly fifteen point seven million. Then, we had to also apply some
type of uncollectible factor. What are the shortcomings to using this assumption in this approach? One of
the shortcomings is that we have no historical basis on which to rely on the results using this methodology.
Again, we would not know what our collection rate would be, so we did some assumptions and"said, if we
collect 90 percent, then our total revenue would roughly be fourteen point two million. According to the
59 July 27, 1999
State legislature, only 80 percent could be used for tax relief, thereby, availing eleven point four million.
Again, we went down to the 80 percent and 75 percent collection rates and came up with a corresponding 80
percent availability. Under the second approach, which was, again, devised by the Florida Department of
Revenue, they came up with a medium, high and low. Their medium said, what did we receive in sales tax
and what were the gross revenues in 1997? Let's take that dollar amount and apply to it an inflation factor.
Their high was to use the medium base and factors in businesses that were not coded for parking facilities.
And what we mean by this, they took their database and they said, well, we could be estimating this high
because it very well could be that the parking facilities' remitting dollars may have an address of the City
but, yet, their parking facilities may be all throughout that county. The state cannot differentiate, off of the
database that they were using, if these entities were in the City limits or not. So, then, they said, well, what
would my low end be? And they said, well, my low end could possibly exist because, if a business remitted
their sales tax and, yet, maybe they remitted it under the business use of a hotel, they didn't differentiate
parking revenues from hotel revenues so, therefore, they may not be included in their database. So, that's
how they came up with their low factors. And this here is a summary of their high, medium and low, which
basically says that, on their high end, what would be available. Based on the 80 percent limitation, would
be parking surcharge receipts of eight point four eight million. If you estimated on their low end, it would
be six point nine six million.
Ms. Henry: Basically, the program will be administered, once again, by the City's Finance Department.
The City will be -- in fact, is in the process of soliciting requests for letters of interest to assist us in
administering the program. The specific responsibilities of that provider will be enumerated at the time a
selection is made. But this program involves a combination or a variety of City departments. For example,
Internal Audits will, as it normally does, will provide internal audit function for the program. Neighborhood
Enhancement Teams, the NET offices, will participate by providing information. They will also be
available to respond to any questions that you, as a parking operator or owner, may have. Our Planning and
Zoning Department is really involved, in that, I think it's important to point out that, as we were developing
the provisions of the ordinance and the subsequent regulations, we sought input from some of the providers
in the business. And one of their key issues was that, if the City were to implement this program, it was
important that they enforce their zoning with respect to illegal parking operations, and they really stressed to
us how important it was that this be an equitable program; that if you -- if they have met all of the City
requirements and are paying this surcharge -- and many of them felt that it wasn't a guarantee that they
would pass through a hundred percent of it so, therefore, it was even more critical that the City enforces
zoning and require that, if you are a providing parking, that you have your appropriate licenses so that you
can be -- collect a surcharge and remit to the City as well. The Police Department, obviously, when issues
come up with parking that's not licensed, obviously, they will be involved. Additionally, the ordinance
provides for penalties for non-compliance. It provides for an appeals committee to address any issues that
arise from the implementation of the program. It's important that, as much as we tried to anticipate many of
the questions and the issues that arise, it will -- it's just not feasible to do that, and we recognize that. So, we
are putting in place an appeals committee that will hear those issues and concerns and address them as they
come along. And, then, finally, as I reiterate the former statement, that it's important that those providers
out there who are operating parking activities without a license, our NET offices have been placed on notice
that those entities have to come into compliance and be responsible for collecting and remitting the
surcharge. Finally, we've been providing information from a variety of different sources. We have -- the
media's been very helpful and we appreciate that, in getting the word out. We have notices that are going
out as we speak. The registration and related forms will be distributed the first week of August. Once
again, we have sought to provide -- to ascertain input from the industry to assist us, so that the regulations
are not onerous; that they are easy to comply with and, hopefully, that will be the case. We are providing
two specific additional workshops. One at 3:30 on August the 1 lth. Another at 8:30 on August the 13th.
They will all be in our personal training room at the Riverside Center. Also, we invite you and the public to
visit our web site. There is a parking surcharge page included there. We will continually update that site so
60 July 27, 1999
that, as additional information is provided, we're able to keep you as informed. We will provide this packet,
as well as part of the web site so, in the event that you want to get a copy later, it will be available on the
web site. And, finally, we established a parking surcharge information line. That telephone number is
305-416-1008. That is currently operating and we're -- hopefully, we're able to provide as much information
there as we possibly can and, certainly, Julie and I, and all of the other City staff who are involved in this
process will be available to answer any questions. And that, Mr. Chairman, concludes the formal
presentation.
Chairman Plummer: Excellent presentation. I'll ask if the Commission, first, has any questions? And if
they don't, we'll ask if any of the public? This gentleman wish to be heard. Come up to the microphone, I
think would be the best way to handle it.
Mr. Jay Windsor: Just one question. You talk about -- I'm sorry. Jay Windsor, 2911 Grand Avenue. The
20 percent surcharge, is that going to be calculated? Because most of us state our parking rates, right now,
include sales tax. Is it going to be -- do we net out the sales tax and then add on the surcharge or before?
Ms. Henry: Yes. The surcharge does not apply to sales tax, so you would subtract your sales tax remitted.
Mr. Windsor: All right. Thank you.
Chairman Plummer: Are there any other questions?
Commissioner Regalado: Question for the Manager.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Don, what do we hear from the Oversight Board in terms of the three figures that
were offered by the staff?
Mr. Donald Warshaw (City Manager): Well, at the last Oversight Board meeting, the issue of the surcharge
came up. At that meeting, we didn't have a complete handle on what we have now. At the direction of the
Commission for me to negotiate or work with the Oversight Board, we are still going to do that, independent
of us having any meetings. If you look at these numbers -- and we're going to come visit you, individually,
and talk a little bit about the numbers -- where we think the Oversight Board will have a comfort level, as it
relates to a revenue stream, that they would be supportive of us having some kind of an offset in the way of
taxes and fees. I think you can see, from the numbers, where they're at. They're in that six to eight million
dollar area. That's my best estimate guess at this time. I can't speak for them. But I think that's what we
would have of good feeling about going to them with and making an argument on behalf of the City, that
there is a sufficient enough revenue stream history, based on our projections. Won't be a history. It's a good
projection that we could get them to buy into a six to eight million dollar. That's, I think, is the area we're
looking at.
Commissioner Regalado: Let me ask, maybe the City Attorney or you, if the Commission were to
incorporate the revenues from the valet parking into the fund that this surcharge offers the City to reduce
taxes, would that be possible in terms of -- is it legally possible to do that? This is a revenue that never
existed, nor it was budgeted in your last budget, right? The valet parking revenues. So, since this related to
parking, can we, Ms. City Attorney, incorporate this in this revenue?
Ms. Maria Chiaro (Assistant City Attorney): The ordinance applies to revenues received by valet parking
services, so there is the surcharge imposed on the valet parking revenues. If you mean the permit fee for
61 July 27, 1999
•
•
valet parking, this surcharge does not apply to the permit fee for a valet parking.
Commissioner Regalado: Can that be done? Can it be applied as a part of the revenues?
Ms. Chiaro: Not the way the ordinance is drafted currently. And, in fact, probably not under the state
legislation since this surcharge applies to the amount paid by the user of the parking space, not to anything
paid for a permit or license by the operator.
Ms. Henry: Commissioner, if I might add. We were required to work with the Revenue Estimating
Conference, as well as the Oversight Board, to provide a five-year forecast. So, in addition to the 19 -- the
FY 2000, we had to forecast through 2004, and we had a difficult time balancing the budget, and we took
into account everything that we could possibly think about or know that would be in effect to forecast out to
assist us in balancing the budget out in those years.
Mr. Warshaw: If I can just add. Part of the process, going into the out years, of course, is next year we're
looking at the very real possibility of the additional Homestead Exemption, which has a three million dollars
($3,000,000) plus impact on the budget. So, these are issues that, when we have to present a forecasted
balanced Five -Year Plan, that we're looking at already, even though they're not coming before the
Commission yet. Now, hypothetically, let's just say we accepted six to seven million dollars ($7,000,000)
on the parking surcharge and we brought in ten million, and that look like a good number, then, going into
the year 2001's budget, we now have built in an additional three million dollar ($3,000,000), over what we
estimated, revenue stream to begin to start to at least offset that Homestead Exemption increase. I mean,
there's a lot of factors that come in. There are some other things coming before the Commission that could
reduce some fees, and all these things, you know, link up together to make one, you know, big picture.
Chairman Plummer: Anyone else of the public wishing -- yes. Mr. Ricker, you have a question?
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingraham Highway. Two weeks ago at the Public Trust Board
meeting, the City of Miami was discussed for about a half hour, and I was curious if there's been any contact
with the Public Health? Because their issue was, "what, the City of Miami is going to charge us for all these
spots that we have that are indigent, cancer patients, etcetera, etcetera." Don't they know who we're dealing
with it, etcetera?" Do you know what I mean? And my question is, out of the Public Health Trust, do we
have any idea what that represents within the total of spots? And, if, in fact, for some reason, they decided
to sue us or do something from a -- some other action, is there any way to kind of mitigate that loss in
revenue?
Chairman Plummer: Mr. Manager?
Mr. Warshaw: As far as I know -- and, Dan, we had spoken about that about a week ago -- they have not
contacted us, yet. They are not exempt from the surcharge. However, you know, if they think they're
exempt and they think there's a mechanism by which they can become exempt, they have not made that...
Mr. Ricker: Well, I think -- there's two things. One, their board is going on holiday but the other issue is, I
think, it was passed to the County Attorney to figure out a way to come up with this, but the intent of the
board was very clear, and that's why I kind of mentioned it to you. The last thing we need to do is get into
some (inaudible) or into some struggle with public trust.
Mr. Warshaw: And I guess the other way to answer that is -- putting that issue aside for a minute -- just the
fact, in the uncollectible area, and the potential for, whether it be lawsuits or challenges or reviews of
individual cases, that's part of the revenue projection going on the mid -level area rather than going on the
62 July 27, 1999
high side. Because I don't want to tell the Commission that we're going to accept -- expect ten million
dollars ($10,000,000), then wind up with seven. So, we're going to factor all of those things in, and I'll make
sure we take a look at it and reach out to the Health Trust.
Mr. Ricker: Thank you very much.
Chairman Plummer: Mr. Manager, if I may, tell me if a statement, such as this, is right or wrong. It is my
understanding that anywhere within the City limits of the City of Miami, where parking is made a charge,
with the exception of meters on the street, this surtax applies?
Ms. Henry: Absolutely.
Mr. Warshaw: Yes.
Chairman Plummer: Is that correct?
Ms. Henry: That's correct.
Chairman Plummer: So, I mean -- you know, they are people sitting out there, "well, does or does not
apply?" You know, I've had questions, such as the restaurant in Coconut Grove. We don't charge for
parking. We turn our parking over to a young man who does his bit out there and he keeps the money from
the parking to do the valet parking. Now, you know, how, in God's name, are you going to be able to
determine how much that man collected?
Mr. Warshaw: I think the first question you asked is, first, how are we going to determine whether or not all
these people have to pay in some of these, you know, odd ball situations? That's why we've set up these
meetings, these hearings, these internal meetings, the web site, the hot line. And it's going to be a process
that will probably take us through the year, until we've been able to, you know, decipher exactly where it is.
You're right, we have some of these -- I don't want to call them vendors, but you're right. You know, you've
got people doing parking, who aren't properly legitimate parking operators, who are working at restaurants
and -- probably, we don't have control over a lot of those. Those are things we're going to have to really,
you know, take a good, hard look at.
Chairman Plummer: This gentleman had a question.
Ms. Albert Manduca: Hi. My name is Albert Manduca. I'm with Miami Parking System. We, typically,
bill out about five thousand customers for monthly parking passes. We typically send our bills the second
week in August and they, typically, have to pay before the end of the month. Some of our customers have
asked us whether this particular month, where they get a bill in August for September parking, will be
subject to the surcharge?
Ms. Chiaro: The ordinance applies to receipts of monies, so that anything that is paid before the effective
date of the ordinance is not subject to the surcharge.
Chairman Plummer: What was that date?
Ms. Henry: September 1st.
Chairman Plummer: OK.
63 July 27, 1999
Mr. Manduca: Thank you.
Chairman Plummer: Are there any other questions from members of the public? Mr. Manager, I'd like to
thank you for having this presentation. I think it was first class. I would hope that that presentation will be
shown any number of times on Cable 9, to give everybody the opportunity to at least say that they've been so
notified. Thank you very much.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If I may, I would like to commend Donald Warshaw, his Administration, for the
implementation of this program. It was a long and winding road through Tallahassee to get it passed.
Provisions were met, through the art of compromising. Now, we're about to implement it in the City, and
this is something that's very well -needed. And let's not forget what the purpose of this legislation provision
was, that is, to reduce the taxes. Also, to bring much, much improvement to the City. So, along the same
lines, I just want to elaborate on thanking the Administration and Donald Warshaw. Thank you.
Chairman Plummer: Thank you, sir. Commissioner Teele is out of the building, I believe. I tell you what,
we're going to go into a recess until 2:15. We'll reconvene at 2:15.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 2: 02 P.M. AND RECONVENED
AT 2:15 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
9. DISCUSSION re CHARTER AMENDMENTS:
PROPOSALS DISCUSSED BUT NOT ADOPTED:
PROCUREMENT CHANGES,-
PUBLIC INFRASTRUCTURE/LOCAL IMPROVEMENTS;
.. 7 MEMBER COMMISSION DISTRICT;
DIRECT CITY ATTORNEY TO DRAFT BALLOT LANGUAGE FOR NOVEMBER 1999
CHARTER AMENDMENTS:
DISPOSITION OF CITY -OWNED PROPERTY;
STRONG MAYOR FORM OF GOVERNMENT;
AUDITOR GENERAL;
sections Nos 5 .64 71 72 -73 74 95 96 99 100 01,1
Chairman Plummer: Ladies and gentlemen, again, I'd ask everybody to come in and be seated. As
previously announced, at 2 o'clock, or there around, we would go and take up Item 46, which, on the agenda,
shows as a discussion item for possible Charter changes. Mr. Gort, you are the Chairman of that committee.
I ask the City Attorney as to whether or not the public would have the opportunity to comment, and since it
was not as a public discussion or public hearing, it is the option of the Commission as to whether they wish
to hear anyone or not to hear anyone. So, I would -- Mr. Chairman -- Mr. Gort, you were the Chairman of
that committee. I'd ask you for your comments and your recommendation.
Vice Chairman Gort: Mr. Chairman, all the presentations that we've had and all the meetings that we've had
through the different neighborhoods right here, I've always stated that at the last -- the final decision is going
to made by the Commissioners, and the public will be welcome to give their opinion and -- because some of
those might not have been able to attend some of those meetings.
64 July 27, 1999
Chairman Plummer: Then, that's the way it will be.
Vice Chairman Gort: First of all, I'd like to thank the members of board that worked with us and I'd like to
mention them. There's a couple of things I'd like to clarify. Number one, I did not appoint myself to this
committee. My understanding is, I was appointed by the Commission. Number two, at no time the -- does
this committee, on the contrary, we believe that the City Manager and the administration have done an
excellent job in bringing the City to where it is today and we don't have any complaint, and this is, in no
way, any detriment to the City Manager or his administration on the contract. I'd like to take this
opportunity to thank all those people. Marva Wiley had done an excellent job in bringing all the documents
and bringing the -- in such a short time that she had to bring all the documents and minutes up-to-date and
make sure we get the distribution and we set up all the meetings. At the same time, to explain a little bit of
the process, what we did is, we requested of every one of us or anyone that had any recommendations to
please send it to us. We asked the City Manager to please ask the different directors what they believe
could be the Charter changes to help the department to become more efficient. For that reason, I'd like to
thank Angela Bellamy, Rene Jones, Jim Kay, David Hernandez, and Andre Bryan, Judy Carter, Effie
McCartney, Laura Billberry, Erdal Donmez, Arlene Weintraub, Sue Weller, and Michael Eddy. All those
individuals worked very hard within the departments to bring me to this conclusion. In the different public
hearings that we had, there's different topics. Unfortunately, all the concentration is being on one topic
only, but we talked and discussed different changes that needed to be done, and what I'd like to do, if it's all
right with this Commission, is follow the same procedure that we followed during all the hearings that we've
had at the different hearings, and we went department by department that requested the different changes.
Chairman Plummer: Hearing no objections, that's...
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: The one thing that I do ask, being that it's not a public meeting or -- but the mikes
will be opened, if we could somehow ask the people that do come and speak on behalf what they support,
they don't turn this into a personality issue or personal issue, where things are going to get out of hand and,
once again, we are perceived as one of Miami's finest moments, so we are open to anyone's views and ideas
but we do ask -- and I will ask you, as a Chairman, to do everything within your powers to make sure that it
doesn't turn into an argument or have somebody come up here and criticize an elected official or a city
employee. Thank you. Or their lives or turn this into a dog and pony show.
Chairman Plummer: It's not a popularity contest. I would ask that everybody govern themselves
accordingly, in good decorum, and that way we'll be able to come up with, hopefully, some rational answers.
Mr. Gort.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: At this time...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: No. Just a question. Is this a public hearing?
Chairman Plummer: It is not a public hearing. It is on the agenda as discussion and, as such, the City
Attorney said we could or could not on the public being heard. The Chairman of that committee, Mr. Gort,
65 July 27, 1999
has said that the public should be heard and, as such, that is the ruling of the Chair, that people wish to
speak on the issue will be afforded that opportunity, and I would hope that we could impose the same that
we normally do and, that is, a two minute time limit on anyone that wishes to be heard.
Vice Chairman Gort: At the same time, I would like to have -- before Marva begins -- there was one item
with the -- lot of discussion took place within the City employees ourselves and the Unions, and I think it's
very important, there was certain interpretations, certain documents that were interpreted differently by
different individuals and board members but we, as a committee, recommended certain language and I think
that has been incorporated. But I think Unions will be able to come up and speak if that's taken care or not.
At the same time, I'd like to recognize the individuals that worked on this committee because they put a lot
of time into it. The Co -Chair person, elected by you all, Victor DeYurre. The regular members, Herschel
Haynes, Lyra Logan, Steven Kneapler, Mario Marti, Theodore Klein, Maria -Teresa Zorrilla, Lucia
Dougherty, Lynn Lewis, Maria Medel, Miguel DeGrandy, Tucker Gibbs, and Mikki Canton. All of those
individuals did an excellent job in being a member of this committee. Thank you. Marva.
Ms. Marva Wiley: Marva Wiley, City Manager's Office and, as Commissioner Gort mentioned, Liaison to
the Charter Review Committee. What you have enclosed in your packets as supporting documentation for
Number 46 constitutes the recommendations of the Charter Review and Reform Committee.
Chairman Plummer: Can I stop you? Are copies of this available to the public?
Ms. Wiley: Yes.
Chairman Plummer: OK. And where are they if they want them?
Ms. Wiley: The City Clerk's Office has them. We can also make some additional copies.
Chairman Plummer: OK. Thank you.
Ms. Wiley: The proposals are separated, generally, in eight different categories, mirroring, for the most
part, the committees that existed within the Charter Review and Reform Committee. The first is
Procurement. I'll deal more with the intent of the resolution, rather than reading the specific language. The
intent of the change is to raise the bid limit to twenty thousand dollars ($20,000). It is currently forty-five
hundred dollars ($4500). The twenty thousand dollar ($20,000) limit would make the City of Miami much
more comparable to other cities in the South Florida area, generally. The lowest limit in nearby
municipalities is ten thousand dollars ($10,000). So, the Committee recommended that twenty thousand be
the limit for the City of Miami for goals and services, and a fifty thousand dollar ($50,000) bid limit for the
construction -related projects.
Vice Chairman Gort: That recommendation mainly came out from Public Works.
Chairman Plummer: And -- do we ask questions now or do we wait?
Vice Chairman Gort: However you like to do it, Mr. Chairman.
Chairman Plummer: Well, my question is, if the administration were to purchase something for twenty
thousand dollars ($20,000), are we, the Commission, so informed within a reasonable period of time?
Ms. Wiley: Above twenty thousand dollars ($20,000) or below?
66 July 27, 1999
Chairman Plummer: No. Up to twenty.
Ms. Wiley: Up to twenty? That would be within our purview...
Chairman Plummer: If the Administration purchased something for nineteen thousand nine hundred and
ninety-nine dollars ($19,999), as they have been known to do around here on three different occasions to get
to 60, is this Commission informed as such of the expenditure?
Ms. Wiley: It would depend on what the Commission would like to see. That is not addressed in the
Charter Amendment as it is currently proposed.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Vice Chairman Gort: The reason you having those workshops is, we go into the procedure and the
presentations are made to us, and the idea is, any suggestions, any additions or deletions, should be made
right here by the Commissioners. I think -- you have to have the check and balance on this and somehow --
it's important to understand that this would not be done without three bids. I mean, they would have to go
through the normal procedure, procurement, to go into the three bids and so on.
Chairman Plummer: No.
Ms. Wiley: Well, currently, there is a very competitive process, even below forty-five hundred dollars
($4500). The same rules would apply as we raise the limit to twenty thousand. The only change would be
the formality of the process. It wouldn't have to be advertised and it wouldn't have to come before the
Commission, but the competition would remain part of the process.
Mr. Vilarello: Commissioner, this issue addresses the authority of the Manager to spend up to that limit.
You can, by ordinance, separately, put into place any conditions or requirements that you need -- you want
the Manager to follow, even on those amounts less than twenty thousand dollars ($20,000)
Chairman Plummer: Forty-five hundred today doesn't have to be bid? He can go out and make purchases
for forty-five hundred dollars ($4500)?
Mr. Vilarello: Unless the City Commission wish to impose certain restrictions by ordinance.
Chairman Plummer: Now, as the same conditions, it would be twenty thousand dollars ($20,000)?
Mr. Vilarello: That's correct.
Chairman Plummer: Then, I think this Commission should be aware of that. That's all I'm saying.
Mr. Vilarello: You can implement, by ordinance, any kind of conditions on the Manager in that
expenditure.
Chairman Plummer: All right. What would be reasonable, in your estimation? Notification every five
days? What would be...
Vice Chairman Gort: Suggestion, they would have to go through the regular procurement, that they would
have to receive three bids...
67 July 27, 1999
Chairman Plummer: Well, now, if they do that, I have no problem.
Vice Chairman Gort: That we receive -- they receive three bids and that we send copies of the bids that
have been received.
Chairman Plummer: But that's not the procedure that was previous.
Vice Chairman Gort: Well, that's why we're here today, to change some of the procedure and make it better,
make an improvement.
Chairman Plummer: OK. All right. So, any expenditure...
Vice Chairman Gort: My understanding from the administration, is the reason they need this, one of the
biggest complaint that we have given them, and we establish is, how long it takes for the City to do
anything? And the problem is, the City coming back to us and going through the whole procedure. That's
why sometimes we'll make a decision and the implementation gap was two or three months because of the
procedure that we presently have.
Chairman Plummer: Mr. Gort, I have no problem, as long as the City Commission is made aware of those
expenditures, and that's the only thing that I'm saying.
Vice Chairman Gort: So, this is the time...
Commissioner Sanchez: Mr. Chairman, how are we going to do this? Are we going to go through each
item and vote on it, to be put on as referendum?
Chairman Plummer: It's up to Mr. Gort.
Vice Chairman Gort: I think you have to -- my suggestion is, you look at it, you make any deletions,
additions that you recommend, that we, as Commissioner, to make sure that the safeguards are here. At the
same time, after you decide -- the one thing that one of the members requested, which I think it makes a lot
of sense is, you should not have all the changes within one election because the problem is, it would be very
difficult for the people to understand it. This, if you all recall, Charter changes are very difficult, they're not
easy to do, and you have to make sure that people understand it. If people do not understand it,
automatically they're going to vote against it. So, the fault behind has got to be -- we also have to make sure
that whatever we do, we have enough safeguards to have the trust of the individual residents.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Vice Chairman Gort: What I'd like to - excuse me. I'm sorry. To answer your question, specific, I think we
should go through each one of the corrunittees that was created and, then, make any additions or deletions or
any changes that we would like to see and recommend it.
Commissioner Sanchez: Exactly. That's what I wanted to elaborate. Wait, wait, wait.
Chairman Plummer: OK. That's fine. You want to go ahead and finish Procurement, and then...?
Vice Chairman Gort: No, wait a minute.
68 July 27, 1999
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Just a minute. I'll abide with your recommendations to go one by one, select which
one we think should go out to the voters and, then, prioritize them. Maybe put three -- select three or five of
the ones that we approve here today to put out in referendum in November. But I think that if we put all of
them out, we might be confusing the voters because I believe there's too many of them. But a
recommendation, probably put in a motion, would be that we take three at a time and put it out in this
November and, then, each election period, we will put three out.
Vice Chairman Gort: My suggestion is, let's go through the whole procedure and make whatever changes
we need to make and, at the end, we'll make a resolution.
Chairman Plummer: Was that the recommendation of the Committee...
Ms. Wiley: The committee...
Chairman Plurmner: ...that only three at a time be put out?
Ms. Wiley: The committee recommended that the Commission look at Charter Review over five-year tern
and make decisions about what should come back. That wasn't a formal recommendation of the committee,
but one member of the committee wanted that to be expressed.
Chairman Plummer: OK. Let's do this - if I understand what the Commission wants to do - go ahead. You
have any other comments on Procurement? And, if you do, go ahead and make those. Then we'll have
questions. Then we'll have changes, if such, and will either adopt or deny.
Ms. Wiley: Just one additional...
Chairman Plummer: Is that all right with you?
Vice Chairman Gort: Fine.
Ms. Wiley: One additional point I wanted to make. In your document it isn't specific as to which
department of labor is setting the Consumer Price Index, so that should be the U.S. Department of Labor.
Chairman Plummer: Anything else?
Ms. Wiley: That's Procurement.
Chairman Plummer: OK. My question is, what was the last Consumer Price Index last year? What was the
percentage?
Mr. Vilarello: Increase?
Chairman Plummer: Yeah, increase.
Ms. Wiley: We -- what would it have been if we had...
69 July 27, 1999
Chairman Plummer: The question I'm really asking is, where this has an automatic escalator on an annual
basis, was that five percent last year, was it 10 percent? I don't know. What was it last year and I'll use that
as a basis?
Commissioner Teele: Couldn't have been more than three percent.
Chairman Plummer: Is it three?
Commissioner Teele: I mean, you know, Greenspan is happy as...
Vice Chairman Gort: Two or three percent.
Commissioner Teele: ...a pig in pork right now, so...
Chairman Plummer: Was three percent?
Vice Chairman Gort: She'll answer it.
Ms. Julie Weatherholtz: Julie Weatherholtz, Finance Director. Each month the Consumer Price Index
changes. I did not check a particular month, but I do know off of memory that last March of a year ago, it
was one point one percent.
Chairman Plummer: But on an annual basis?
Ms. Weatherholtz: It can fluctuate. It could be two or three. I don't know what it was.
Chairman Plummer: OK. Thank you. Any other questions?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Judy, let me ask you a question. Has it ever gone beyond five percent.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Wait a minute. Mr. Gort's on the floor.
Vice Chairman Gort: Has it ever gone beyond five percent?
Chairman Plummer: Not to exceed.
Ms. Weatherholtz: I don't know the full history of the years back. I'm sure that there's been years, 10 years
ago, that it probably was five percent.
Chairman Plummer: You're too young for that. OK. Mr. Teele, you have the floor.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, I think it would be helpful if we allowed
Commissioner Gort and the staff, or however he wants to do it, to just give us an overview of these changes.
I can tell you that I think we're going to wind up wasting a lot of time. I have no problem going through and
getting the back and forth, like you've just done for five minutes on the twenty thousand dollars ($20,000)
70 July 27, 1999
i
and how that rolls into 60 and all of that. But I really think we ought to get focused here on what the
changes are. Commissioner Sanchez has raised a point that was brought up by the committee. And I make
no shame -- make no bones about the fact that I'm very frustrated with the fact that I proposed two items
from the beginning of this. And so that that the record is straight, I authored the resolution that created the
committee. The Commission named Commissioner Gort as Chairman. He did not name himself as
Chairman. And I really think what we need to try to understand is where we are as we look at how we got
here. Now, I have said repeatedly -- and, you know, the procurement stuff, I mean, I'll spend all day with
you on it, but there's no way I'm going to support twenty thousand dollars ($20,000). There's no way I'm
going support any cost of living. I mean, that's good staff work and all of that. Dade County has got twenty
thousand dollars ($20,000)?
Ms. Wiley: Actually, I believe they have fifty thousand dollars ($50,000).
Commissioner Teele: Fifty thousand. We have fifty thousand here for...
Ms. Wiley: Five hundred thousand.
Commissioner Teele: ...major contracts, but you're saying they have fifty thousand dollars ($50,000) for...
Ms. Wiley: Actually, I've just been corrected. It's five hundred thousand dollars ($500,000).
Commissioner Teele: Five hundred thousand. And I think you have to understand the comparison between
a four billion dollars ($4,000,000,000) budget with -- how much is our budget?
Ms. Wiley: Four hundred million...
Commissioner Teele: three hundred million, four hundred million?
Ms. Wiley: ... ifyou include all revenues.
Commissioner Sanchez: Three hundred and five million.
Mr. Warshaw: General fund is about three zero five. Total, over four hundred million?
Commissioner Teele: So, a four hundred million dollar ($400,000,000) budget as compared -- if you want
to add it into Dade County's eight billion dollar ($8,000,000,000) budget, if you add in Public Health Trust
and all of that. Those, I think, are very important kinds of considerations as we weigh all of this. But I have
tried to get some discussion about a form of government that is balanced, that is, whether we have an
Executive Mayor or Strong Mayor. What's wrong now is, we don't have an independent budget process to
give the Commission, the people who have to approve a budget, a second opinion or a budget process. The
same as the Congressional Budget Office provides for the Congress. The President has a budget and he
presents his budget and he has a budget director and he's got all of the staffing and I think, unless and until
we can clear the air -- because, for some reason, the media has only reported one issue, and the that's
Executive Mayor, the Strong Mayor. The Executive Mayor. The Strong Mayor. My issues are the Auditor
General and the Seven -Member Commission. And, so, I'm just going to go on record right here and right
now. Either we take up the Seven -Member Commission, Auditor General concept, and try to begin to scale
down the items. Because I think where Commissioner Gort's Commission has made a lot of sense is that we
should not try to take on Charter reform in one meeting or in one ballot issue, and I'm in agreement with that
process. I just wish we could figure out which issues we're going to focus in on and have a full discussion
on those because I can tell you right now, on the procurement issue, on the issues relating to the union, as it
relates to the Civil Service Board, I'm going to be moving to defer those items, as soon as we can get to
71 July 27, 1999
them. And I don't want to, you know -- I mean, they're five people here and I'm going to respect all of my
colleagues' views, but I think the real issue is going to be where a four -- three people or four people --
because we're not going to have unanimity. Let's all understand that. Where can three or four people agree
that these are the issues we ought to focus on and these are the issues we ought to put on.the ballot? I am
not going to put the Seven -Member Commission on the ballot with the Strong Mayor, so, you take your
choice, as far as I'm concerned. Because...
Chairman Plummer: Say that again.
Commissioner Teele: I will not put the Seven -Member Commission on the ballot with the
change in the form of government on a Mayor -- on the executive. Because those two things will
get played off against each other, and it will be -- nobody will focus. You've seen what the media
has done on my issue of the Seven -Member Commission. I mean, not nah (phonetic) story.
Nobody even knows that -- I ran for office 18 months ago on one issue. I said, if you elect me as
a City Commissioner, I will do the same thing I did in Dade County. And what I did in Dade
County, along with my colleagues, Commissioner Hawkins at the time and others, is that we did
what people say legislators won't do. We deluded our own power. We reduced our own power.
I mean, if you read the editorial today, you think we're trying to increase power. I'm running for
office. I've run for office saying that I will create more a representative City of Miami
Commission. I fundamentally believe that, by going from five Commissioners to seven, you can
provide two important things. You can provide Haitian Americans with the opportunity -- there's
no way to create a Haitian district, but you can create a district that will give Haitians the
opportunity to elect a person of their choice. And if you create a second, which would be sixth
district -- the seventh district, you have a large non -Cuban Hispanic population here. You have
the potential of creating a district -- a seventh district that will have a greater Hispanic
representation, and I think we all recognize that we need more representation up here, not less. If
we have a Strong Mayor, I think it's mandatory that we have more representation. If we keep the
form of government that we have now, I don't think it's as mandatory. I mean, those two things
don't necessarily collide but, clearly, you have a Strong Mayor form of government as opposed to
the Executive Mayor that we have now, you need more representation in the district level, in my
judgment, and that's what I'm here purporting and supporting, that we need to decide whether or
not we're going forward the Seven -Member Commission or we're going forward with the
Executive or Strong Mayor. Because the two things on the same ballot, I can assure you, will
create nothing but chaos. And, so, the point that I want to say is this, I believe that we need to
get down to business as soon as we can and focus in on one, two or three, four issues or five
issues, whatever the Commission agreed on to put on the ballot, but I don't think it is time for us
to have a long discussion on technical issues that we may or may not agree to put on the ballot.
What I would like to do is recommend to Commissioner Gort and the staff, is they give us a brief
overview of all of the issues and then allow us to determine what it is that we'd like to examine in
detail. But if we examine everything in detail the way we're going about the procurement
process, we're going to be here all night. We may not even put that on the ballot this time, that's
my only point. So, Commissioner Gort, I think it's up to you and I'll follow your judgment. But
I think it's important that we get a brief overview of all of these issues and then we try to decide
which are the issues we really going to try to deal with for November ballot that will help us with
public discussion, if we have any -- so people aren't because I can tell you, the union are here and
in mass about a complicated issue that I don't fully understand. I don't fully understand the
gravity of the issue, but I do understand that there is a lot of room to discuss this and try to figure
out where common ground, rather than having a 45 minute discussion. Charlie Cox has alerted
me, he's sitting there like a -- sitting there all excited about coming forth and I really want to say
to you, Mr. Cox, I respect this issue. But there's no way will I vote to put this issue on the ballot
72 July 27, 1999
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17J
this November, until we have full discussion and full opportunity to meet with you on it. So,
that's my point. Commissioner Gort, it's not to cut the process short but I don't think ought to
have full discussion like we're having on Procurement issues and Civil Service unless we're going
to put those issues on the ballot. So, I would strongly urge that we take these issues up, all of
them that are here, then we let City Commissioners bring up an issue, whatever issue he would
like to put on the November ballot, because the reason for the time necessity here is, if we don't
act today, we could very well miss the November election cycle. I mean, it's just that close in
terms of various processes that have to take forth. So, I yield to you, Commissioner Gort, and I
will follow your lead.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Commissioner Teele, let me just add that the beauty of democracy is that we're not
all going to agree on what items to be put forward. We do have and did have the opportunity, for quite
some time now, to have the recommendations presented to us by the Committee. We should have been
here. We should have been prepared. We - and I believe we are and we are going to make the right
decisions to go forward. But I may agree on some issues that you may not. I'm not going to support the
Seven -Member District, but that's the beauty of democracy. Now, my recommendation, just like everybody
else is making a recommendation here, is that we go down the line, not have to discuss because we,
basically, have been offered the opportunity to review it, and I'm willing now to accept some of these
recommendations, not all of the recommendations. But you're right, we shouldn't spend hours here debating
or going over the cost of living and other administrative issues and I -- to me, are not of some concern. It
may be different to my colleagues. But what I think that we should do is to go down the line and basically
just vote on the issues that we think are acceptable to put on the ballot.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Thank you. I think we should let staff continue to make the presentation. At the end,
we'll decide which one we want to do and ask questions later. That way we'll expedite it.
Chairman Plummer: I don't disagree with that, but where are you going to interject and allow the public to
speak, after the staff, after the Commission? If we're going to give them the opportunity to speak, tell me
where you feel that should be?
Vice Chairman Gort: I think, at the end of the presentation, you should allow any public opinion that wants
to be...
Commissioner Teele: With all due respect, Commissioner Gort...
Vice Chairman Gort: Yes.
Commissioner Teele: ...I think the staff should speak once the Commission has agreed to take a matter up
for the November ballot. It does not make -- I can tell you -- and the reason I'm saying this is, the Union has
got some serious issues.
Vice Chairman Gort: No, L.
Commissioner Teele: I'm not prepared to move that issue to the November ballot and, so, why should have
73 July 27, 1999
•
a long discussion on it if there are two other people that feel the way I do on it? So, all...
Chainnan Plummer: Well, I'll tell you how to handle that, Mr. Teele. Make a motion now to delete it and
that will get a second and we'll vote on it.
Commissioner Teele: What I'd like to do is follow Commissioner Gort's lead. The only thing that I'm
suggesting is that, we should -- after the staff, we should decide essentially on the items that we want to
discuss in detail and hear from the public on for the November ballot.
Chairman Plummer: OK. All right. So, then, if I understand the order of the day, staff will make a full
presentation on all items. As such time, as that is concluded, the Commission will make a choice on those
items, which they wish to try and put on the November ballot. They will then have questions on those items
and then the public will have the right to speak. Now, is that a concurrence with everybody here?
Commissioner Teele: Yes.
Chairman Plummer: Anybody got objection to that? No objection?
Commissioner Teele: No objection.
Commissioner Sanchez: No, no objection.
Chairman Plummer: Staff, you're on until you finish.
Ms. Wiley: The next committee is the Disposition of City -owned Property. The Committees' report does
three things. One creates a two-step process, allowing RFQ (Request for Qualifications) and RFP (Request
for Proposal), whereas, currently, RFPs are only allowed raises or creates a limit of five hundred thousand
dollars ($500,000) and below, where there would no longer be the requirement that three bids be received
before a property could be sold or leased. Includes, management agreements in the language and it allows a
fair market value to be established by a general fair market -- certified general appraiser in lieu of three bids.
That's a summary of the Disposition of City -owned Property. Next one is Public Infrastructure. It
essentially cleans up language that allows for highway improvements to be made with a larger portion of
public or residential contributions. Right now the language says, three/fourths shall be paid by the City and
one/fourth shall be paid by the residents. This allows up to three/fourths, so if residents want to make a
larger contribution, they can, and, thereby, expedite their highway improvements. The next item, under
Public Infrastructure, changes the language from "The Commission may" to "The Commission shall," with
regard to hooking up to sewers. That's the entirety of Public Infrastructure. Civil Service Provisions. That's
a lot more complicated. It requires that Commission appointees not be City employees. Whereas, the
balance was three and two -- three Commissioner appointees to City -- two board members elected by the
employees.
Vice Chairman Gort: This is the Civil Service Board.
Chairman Plurmner: Right.
Ms. Wiley: Right. It updates the titles for unclassified service. It removes wages, hours, and terms and
conditions of employment from the purview of the Civil Service Rules because they're in collective
bargaining. Clarifies the role of the Chief Examiner. Allows for those acting in the absence of the City
Manager or a department head to discipline an employee. Changes the minimum standard of conduct and
efficiency, removing it from the Civil Service Board, since it is included in collective bargaining.
74 July 27, 1999
Eliminates the certificate of board on payroll account necessary before payment of classified service
member section as it is no longer relevant to the way business is done in the City. And creates a statute of
limitation, if you will, for an employee filing a complaint with the Civil Service Board. The Executive
Mayor Subcommittee made no changes, recommending instead that -- well, the committee report should
have been attached in your packet. Strong Mayor Form of Government speaks for itself. Creating two
consecutive terms, limiting the Mayor's term to two consecutive terms or limiting his eligibility to two
consecutive terms. It addresses the qualifying period. This is a combination of both the Strong Mayor's
report, as well as the Streamlining Committee, because there were several issues that related to state law that
had to be cleaned up, and that's what you'll note with "any incumbent Commissioner desiring to run for the
office of Mayor, shall present an irrevocable resignation of office of City Cormmission as provided by state
law." It outlines a list of duties of the Mayor, which you can review, as it is quite lengthy. Auditor General,
as Commissioner Teele suggested, is one of the new positions that would be created and appointed by the
Commission, giving such party several responsibilities and allowing that individual to act under the
direction of the Commission. Finally, Seven -Member districts. We have maps that walk you through that
one. There are the initial resolution as for three proposals to be submitted. The Committee under -- as
through -- Commissioner Gort requested that that proposal be amended, as there are two proposals that had
been worked on previously. They, too, were included in your packet. And we have larger maps of those.
The -- I'm torn as to how deep to go into this, based upon the decision of the Commission, because I can go
into the process of how the lines are drawn but just to summarize. Each of the districts has to be of similar
population. The five percent differential that is allowed. It was drawn on the basis of the demographics of
those current -- of those districts based on the 1990 census. The original outcome of the committee was to
recommend a wait until the 2000 census, but the language of the resolution required that the committee
come forth with two recommendations, and they are contained in your packet. That concludes the report.
Vice Chairman Gort: Thank you, Marva. I want to thank you very much for the presentation that you have
made.
Chairman Plummer: Explain to me, if you would, on Item 5, Executive Mayor Form of Government, no
changes suggested. Does that mean the recommendation is, leave it as it is?
Ms. Wiley: The...
Chairman Plummer: What does that mean?
Ms. Wiley: ...Executive Mayor Subcommittee concluded that there was insufficient time to make any
reasonable recommendations as to how to correct the form of government we currently have, and request
that additional time. Since that time was not granted by the Commission, the report was left with no
changes suggested.
Chairman Plummer: So, in other words, what happened was, they ran out of time?
Ms. Wiley: Pretty much.
Vice Chairman Gort: Question. My understanding is, we did make some changes with -- if you all recall,
one of the problems that we have here, if an incumbent loses an election, he has to leave that same night by
12 o'clock. We made recommendation there should be a week before they can be sworn in again. In other
words, for the transitional time to take place.
Chairman Plummer: Is that in here?
75 July 27, 1999
Ms. Wiley: That would be applicable to Mayor and Commissioners,
yes.
Vice Chairman Gort: That has got to be part -- that was approved but it's not in this report here, but that's
part of the recommendation that we've had, to amend the -- a lot of the recommendations were given to the
attorneys so he can incorporate it in the right language. The other was, the problem that we've had -- and it
was at your request, Commissioner Plummer -- that the elections -- the qualifying deadline is on Saturday at
12 o'clock, six o'clock in the afternoon, and the reason is, the Charter recalls, that we have to have an
election within 45 days. Rather than 45 days, we're now recommending it be 44 days, so it would be on that
Friday. And that should also be incorporated into it.
Ms. Wiley: Page seven does reflect the transition.
Chairman Plummer: All right. Members of the Commission, questions, solutions.
Commissioner Teele: I have a question.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I have a question of the City Attorney.
Chairman Plummer: Mr. City Attorney.
Commissioner Teele: Where are the omnibus, technical changes? There -- over my very brief period here,
we have outlined at least 15 or 20 omnibus changes that are technical in nature. Things such as complying
with state law, gender neutral language. What would be truly technical, non -substantive amendments. I
realize that Commissioner Gort just went into something that I would consider to be technical, moving 45
days to 44. But I thought that was supposed to be an omnibus...
Chairman Plummer: I thought 44 would put it on Sunday.
Commissioner Teele: Is there an omnibus provision here and where is that and who's going to brief us on
those?
Mr. Vilarello: Commissioner, I believe the committee did not forward those - that omnibus type of
modification, is that correct? I understand two meetings ago, the committee indicated that there was
insufficient time to address each of the issues.
Vice Chairman Gort: The Technical Committee made a suggestion: to delete a lot of the uses that were in
the Charter, like the airport and the port and so on. The recommendation - the final recommendation was
made that a sub chapter should be made, where all that could be placed within the Charter, am I correct?
Remember?
Mr. Vilarello: I don't understand. A sub -- another committee to review...
Vice Chairman Gort: No, not another committee. My understanding is, rather than delete all of the
recommendations that were recommended by the Technical Committee, like the airport, transportation,
social service, rather than delete that in the Charter, maybe later on you might need it and incorporate it back
on, to put it in a subsection of the Charter to be included in there, not to delete it.
76 July 27, 1999
Mr. Vilarello: Many of those issues that authorized certain items to be in place, I did recommend those not
be deleted because you just never know what change in state law might be appropriate in the future, so it
allows those powers to stay in place. However, Commissioner Teele is talking about technical issues, such
as state law allows appropriations to be made by resolutions. Our City Charter requires an appropriations
ordinance. Now, I know that that was a part of the Technical Review Committee, but I believe that that
committee did not make the final recommendation.
Commissioner Teele: Well, I think...
Mr. Vilarello: Is that correct?
Commissioner Teele: Mr. Attorney, I think -- you know, it's fine to have a committee but, you know, this
Commissioner and the majority of the Commission, over the 18 months that I've been here, have looked to
you and said, put that in your list of changes that we need to deal with. Now, where are those?
Mr. Vilarello: Commissioner, in January of this year, as a result of your request and this Commission's
request, we identified some 40 changes in the Charter and forwarded it to the committee in January. And if
you wish to give me that direction to draft a question to that effect dealing...
Commissioner Teele: But we're talking now about non substantive changes, not changing a comma and
putting a period that changes the total meaning, but just basically non substantive scrivener's errors,
technical amendments, and gender neutral language. Language that basically will clarify certain issues,
such as -- I think the biggest one is the one you've used, where we're going through the process of creating
an ordinance to do appropriations when, in fact, most governments, the county, the state law, provide that
these expenditures be done by resolutions.
Mr. Vilarello: Commissioner, if this Commission gives me the direction, I can prepare language to that
effect and incorporate all of the technical, non substantive changes into the question -- in one question, one
valid question, to be considered by the voters. That is a little bit more of a -- it does require a little bit more
time to go through the entire Code. The Technical Committee, I can take some of their notes and I've
certainly addressed many of the issues. But I'd be more than happy to do that.
Commissioner Teele: But in all candor then, with all due respect to the Committee's report, with all -- in all
candor, what you're suggesting is, we don't have sufficient time for you to have a high level of comfort to
put that on the November ballot at this time, given the very real time constraints that we're dealing with or
do we?
Mr. Vilarello: If we're talking about the entire City Charter and getting it ready within the next week or so,
that's correct, I don't have enough time to put that together.
Commissioner Teele: OK. There's two other technical issues, Mr. Chairman, and while we have the City
Attorney here. I note the presence of a very distinguished gentleman who has been on the other side of the
single -member districting lawsuits. I served as a County Commissioner when he sued us. I participated in a
lawsuit. I agreed with his position and, fmally, was able to, after two years, convinced my colleagues, on
the single -member district, but I know that Mr. Cody has also done a tremendous job in bringing about
single -member districting with the school board, and I just wanted the Commission to know, Mr. Cody, that
you're here and I really think it's -- you've been a real asset to our community. You certainly have changed
the way minorities and this community's representation, both at the County and at the School Board, have
proceeded and we're grateful to have any input you can give the Commission or to me. Personally, I would
be very grateful in this deliberative process. I was noting, with some concern - I thought maybe you were a
blessing -- after reading in today's newspaper that the attorney has expressed some concern about the
77 July 27, 1999
timeline between the action today and coming back with a ballot language, and I just think that your
presence really helps us in that regard and in other efforts. And speaking of that, Mr. Attorney, I also
noticed in the editorial today, that the Commission -- the language that is contained before us, does that
language contain provisions that would allow the City Commission to hire and fire department heads?
Mr. Vilarello: No, sir.
Commissioner Teele: So, that's incorrect?
Mr. Vilarello: That is incorrect.
Commissioner Teele: All rigbt. I just wanted to clarify that.
Mr. Vilarello: The language that the committee brought forward was that, the Mayor shall have the right to
appoint and remove department directors with the consent and approval of the City Commission, so the
Commission wouldn't, independently, have that right.
Chairman Plummer: Any further discussion by the Commission?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: So, City Attorney, in other words, we -- if we were to implement all these changes,
we would not have the sufficient time to put this in November ballot, correct?
Mr. Vilarello: Now, we're mixing a couple of issues. One, with regard to the technical gender issues,
correcting minor, non -substantive issues, or are we talking about form of government?
Commissioner Sanchez: Form of government. If we were to take these 10 changes here one by one and we
were to vote on it today, myself and the other Commissioners -- first of all, I want this on the record that, if
we do pass it today, it does not become a law. It takes the will of the people to turn this into a change for a
form of government. So, it's five words, "The will of the people," to change it, not us. The only thing that
we will be doing is giving the people an opportunity to select which form of government they want to be
governed under, is that correct?
Mr. Vilarello: That's correct. Let me explain the procedure that has to take place today. The City
Commission has to direct me to prepare a resolution, which calls for the question on any one of these
particular issues. I will then come back with a resolution, with the specific language. To the extent that the
Committee has done the work that it has, its already outlined the changes that they've outlined and
recormnended and brought forth to the City Commission. To the extent that this City Commission wants to
make changes to that, it can give me that direction. I can incorporate it in the resolution that I'll be preparing
for you. To the extent that we're talking about these seven or eight items, much of the work has been done
through the committee's process. The reason I hesitated with regard to the technical changes, which go
through the entire Charter, is that the committee actually did not specifically address those changes through
the committee process and, therefore, I would have to take on that obligation now. And to make sure that
we're not making any material or substantive changes, does take a little bit more time. These questions,
which have been identified here, should be addressed in each and individual questions presented to the
electorate in November or -- in November.
78 July 27, 1999
Commissioner Sanchez: OK. Thank you.
Chairman Plummer: Just for the record, if I may. The end of qualifying is not on the 44th day. That would
be Sunday. It would be the 46th day. That would be Friday at five o'clock.
Mr. Vilarello: Currently, it's 45 days.
Chairman Plummer: It's 45. So, we move it back a day to 46 at five p.m. because nobody can really qualify
on Saturday anyhow, and it doesn't affect me. I've already qualified. That they have to have a check by a
checking account from a bank to open an account. They can't do it on Saturdays.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I think that the Commission is clear on one issue, that we don't want to deal with
all of the changes that have been proposed. I think the Commission also has expressed the will to set or
place on the ballot in November some of these issues. So, I don't know if we're ready now, Commissioner
Gort, to say which items are we going to discuss in case the Commission would like to vote to place it on
the ballot and direct the City Attorney to write the language. And I do also want to thank Mr. Cody for
being here because, as a journalist, I did follow very closely the Counties and the School Board lawsuits,
and it was really a very tenacious work that he did with several of the people and resulted in major changes
in local government. So, I think that the City Attorney, I'm sure, that will have some input from Mr. Cody,
if the Commission wishes to ask him to do that, in any capacity. But, Commissioner Gort, if my -- my
feeling is to take up three of the items, which will be Item Number 2, the Development of City Owned
Property, which, by the way, it was on the ballot in November, last November. And Number 6, the Strong
Mayor Form of Government. And Number 7, the Auditor General because I think that number 6 and
number 7 are somehow related. That is my thinking. I just leave that thought with the Commission to see
what you all want to do.
Commissioner Teele: Mr. Chairman?
Commissioner Plummer: Mr. Teele.
Commissioner Teele: I have no objection to what Commissioner Regalado has said regarding the auditor. I
think we all have seen how this needs to be developed. I do strongly dissent from our colleague,
Commissioner Regalado, regarding the property issue. I think the property issue is one that needs to be
thoroughly understood. I am not opposed to it. I would specifically note that, editorially, it was
misunderstood. It was editorialized against in the last time it was there. And that's no reason not to put it on
the ballot. That's not at all -- but what I am suggesting is that, I think, on those things that are -- that we need
to have some explanation, we need to go very, very slowly on it. Personally, I would appeal to you, to
Commissioner Sanchez, maybe it's an appeal that falls on deaf ears, but I would prefer to take up Item
Number 8 than the Strong Mayor. That is Item Number 5. What's the Strong Mayor?
Chairman Plummer: Item 8 instead of 6.
Commissioner Teele: Item 6. I would ask that we not take up the Strong Mayor in November, but take up
the Seven -Member Commission in November. I would, however, quickly state for the record that I don't
think the two items should be on the ballot at the same time because I think one should draw from the other.
And to be very honest with you, if the Strong Mayor form of government were to go first and pass, I think
79 July 27, 1999
the public would see immediately a greater need for the Seven -Member Commission. I see the need now --
and I would only ask that you give us -- give the community an opportunity to have that but, again, you
know, as Commissioner Sanchez has said, "The beautiful thing about democracy is, we can all discuss it and
see it differently." So, as relates to the Auditor, I would support you. As it relates to either the Strong
Mayor or the Seven -Member Commission, I would support you. My preference is the Seven -Member
Commission, as I've said repeatedly, although nobody writes about it. But the fact of the matter is, that's the
issue that I'm here on. As it relates to the Executive Mayor, I think there's an interesting question, Mr. Cody
and Mr. Attorney, and that is, you may actually have two ballot issues. You may. I don't know. I'm not a
lawyer for this purpose. But I would like your opinion regarding whether or not a provision that would
purport to limit the Mayor's term to two consecutive elected terms as is the case now, for example, with the
County. The County Charter provides that. Or, for that matter, the U.S. Constitution prevents our great
President from succeeding himself again. Certainly be a lot more interesting if he were there, I guess,
another term. But, in any event, that provision, I don't have any problem with it. I mean, I support it, but I
do think it could be construed as a separate ballot question, and I don't know. Mr. Attorney, have you
looked at that issue?
Mr. Vilarello: With whether or not that could be included...
Commissioner Teele: As to whether or not it is...
Mr. Vilarello: ...as part of the form of government?
Commissioner Teele: As part of the form of government. Or whether or not, in your opinion, it could be
considered a separate ballot question?
Mr. Vilarello: The City Commission could certainly direct separate ballot questions on that issue. One as
to the form of government, Strong Mayor, and a separate one as to a term limit on the Mayor. However,
you can -- I am of the opinion that you can include both within the same question.
Commissioner Teele: Would it be wrong to have separate questions?
Mr. Vilarello: No, it would not. It would be within your discretion.
Chairman Plummer: But would it be confusing?
Commissioner Sanchez: Absolutely, it would be confusing. Mr. Chairman?
Vice Chairman Gort: No, I'm not in favor of that.
Chairman Plummer: See, that's what -- you know, I opposed the thing to go to the ballot in November
simply because there's just not been the time. But I think the more you stretch this thing out, the more
confusing it's going to be. And I think, rightfully so, the people of this City, when they don't understand,
have voted against. That's traditional. Now, if I understand you, Mr. Teele, what you're suggesting, am I
understanding correctly...
Commissioner Teele: I'm asking a question.
Chairman Plummer: Well, then I...
Commissioner Teele: I can tell you this.
80 July 27, 1999
Chairman Plummer: Yes.
Commissioner Teele: You know. If this Commission -- if four members of this Commission placed
something on the ballot...
Chairman Plummer: Yes, sir.
Commissioner Teele: ...it's going to be vetoed. After it's vetoed, I can assure you that there will be some
lawyer, who has a Bar license, will file a lawsuit, to attempt, as the transient people just did, to having the
election. And, so, the fact of the matter is, if you're going to put something on the ballot and you know that,
then, I think you should air on the side of caution as relates to any legal issue. Personally, I don't think
there's any problem with mixing the -- putting -- placing the term limit as a part of the form of government,
but I think you also have the potential of raising a legal question. That's all that I'm saying.
Chairman Plummer: Well, the point I was trying to make, that I heard you, if I heard you correctly, that
what you wanted to go with on this November ballot was number eight and number seven. Now, that's what
I was trying to clarify.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Let me ask that of -- go ahead. I'll ask him when he gets off the phone.
Commissioner Sanchez: Mr. Chairman, these are the recommendations put forward by a committee that we
selected, the Mayor selected, and I think it had equal representation from all sides. These are
recommendations set forward. We should just go down the line with one, two, three, four, and vote on them
and let the people decide. Why are we selecting this one or that one or this one or the other? We should
just go down the line. Let the people decide. The bottom line is that, we, as elected officials, when it comes
to changing our form of government, we're not the ones that have the right to do that. The voters do.
Chairman Plummer: Am I understanding you correctly, put all seven on the ballot?
Commissioner Sanchez: We could go down the line, one, two...
Chairman Plummer: Because -- I mean, actually, there's not seven. Because six is no changes. So, there's
only actually six items or seven items.
Commissioner Sanchez: My opinion...
Chairman Plummer: I mean, why would you put item here...
Commissioner Sanchez: My opinion -- and it's just my opinion and it's just twenty percent of this legislative
body -- that I'm willing to let the voters decide on every issue.
Chairman Plummer: Well, the one issue is no issue and that's...
Commissioner Sanchez: Six issues.
Chairman Plummer: Yeah. Well, there's seven actually because...
81 July 27, 1999
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I think that Commissioner Sanchez is right in saying what he says in terms of
placing the issues on the ballot, but we have already heard that there are some items in this information that
we have here, provided by the committee, that needs to be addressed in more detail. Now, the City Attorney
has to come back somehow to bring us the language that would be placed on the November ballot, if the
Commission decides that. I mean -- and Commissioner Teele has also expressed his concern in terms of the
time frame. I would -- first to start with the timetable, I would ask again the City Attorney what I asked
several months ago, I think, when we started talking about this. Is it September the 1 Oth, Mr. City Attorney,
the last date that this Commission can decide on anything to be placed on the ballot in November?
Mr. Vilarello: In order to be placed on the November 9th general election, this City Commission...
Commissioner Regalado: I'm sorry. It's November 2nd.
Mr. Vilarello: That's the general election.
Chairman Plummer: The other is -- the run-off is a week later.
Mr. Vilarello: If you're talking -- I could give you that. On the primary election of November 2nd, the last
day for -- that the City Commission must take official action is before September 3rd.
Commissioner Sanchez: Mr. Chairman?
Mr. Vilarello: If you are looking at the November 9th general election, the last adoption of whatever item
you want to consider would have to be passed on or before September l Oth.
Chairman Plummer: About a week later. Mr. Sanchez.
Cormmissioner Sanchez: Mr. Chairman, I'm willing to make a motion on item number one, Procurement. It
be moved...
Commissioner Plummer: Mr. Sanchez, I though we had agreed that the Commission would ask their
questions, then we would hear from the public, and then the Commission would start making motions.
Now, let's...
Commissioner Sanchez: Well, we're just going to beat around the bush.
Chairman Plummer: Now, unless you want to change that...
Commissioner Sanchez: No, no, no.
Chairman Plummer: ...we've not heard anything from the public at all.
Commissioner Teele: No. What we agreed on is that the Commission would agree on what items...
Commissioner Regalado: Right.
82 July 27, 1999
Commissioner Teele: ...we're going to put on the ballot.
Chairman Plummer: Oh, OK. All right.
Commissioner Sanchez: I'm willing to make a motion to -- I'll go down the line, all six, seven items...
Commissioner Teele: No, no, no.
Commissioner Sanchez: ...and then we could vote on it. I make a motion that issue one, Procurement, be
placed on the ballot. So moved.
Vice Chairman Gort: Second.
Chairman Plummer: All right. There's a motion. Excuse me. Any outcry will be asked to leave the room.
Let me just make sure I understand. With the exception of item number six, all other items to be placed on
the ballot? Is that what your motion...
Commissioner Sanchez: Yes, sir. I'm going to go down the line...
Chairman Plummer: Call the roll.
Commissioner Teele: What's the motion?
Commissioner Sanchez: Motion to move item number one, Procurement. There's a motion to move.
Chairman Plummer: Oh, you're doing them one at a time?
Commissioner Sanchez: One at a time. I'm going to do all seven of them.
Chairman Plummer: Oh, I thought -- I'm sorry. I misunderstood. OK. Motion on number one.
Commissioner Sanchez: Call the roll.
Chairman Plummer: All right. Seconded by Gort.
Mr. Vilarello: The motion is directing the City Attorney to prepare the ballot language on Procurement
issue, item number one.
Chairman Plummer: Correct.
Commissioner Teele: No discussion, no debate. Just vote. Is that the answer?
Chairman Plummer: Vote.
Commissioner Sanchez: Yeah. Hey, it's time to fish or cut bait, buddy.
Chairman Plummer: Call the roll.
[COMMENTS MADE DURING ROLL CALL]
83 July 27, 1999
Commissioner Teele: These issue needs further discussion. I vote no.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION FAILED
Upon being seconded by Vice Chairman Gort, the motion failed:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
ABSENT: None.
Commissioner Sanchez: Motion on number two, Development of City Property. So moved.
Vice Chairman Gort: Second.
Chairman Plummer: Motion made and second. Call the roll on item number two.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-539
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
BALLOT LANGUAGE CALLING FOR A SPECIAL CHARTER
AMENDMENT ISSUE IN CONNECTION WITH DISPOSITION OF
CITY -OWNED PROPERTY.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Commissioner Sanchez: Three.
Chairman Plummer: Item number three.
Commissioner Sanchez: Motion to move item number three.
84 July 27, 1999
Chairman Plummer: Hold on. Let me catch up here. Item number three.
Vice Chairman Gort: That goes along with number -- number three goes along with one.
Chairman Plummer: Public Infrastructure.
Vice Chairman Gort: They're inter -related.
Commissioner Teele: Three is tied to one, right?
Vice Chairman Gort: It's inter -related to one.
Mr. Vilarello: It's related, but it is a technical change in section -- in a different section of the City Charter.
Commissioner Teele: But we voted no on number one?
Chairman Plummer: So, then, item three is dead?
Commissioner Teele: I would hope so.
Chairman Plummer: Well, let's make sure that it is. A motion on item three by Sanchez. Seconded by Gort.
Call the roll.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION FAILED
Upon being seconded by Vice Chairman Gort, the motion failed:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
ABSENT: None.
Commissioner Sanchez: Motion to move item number four, Civil Service Provisions.
Chairman Plummer: Moved by Sanchez. Second by...
Vice Chairman Gort: No.
Commissioner Teele: The motion is that the item be...
Chairman Plummer: Wait, wait, wait, wait. You're out of order. Is there a second to the motion?
Commissioner Teele: Motion that the...
85 July 27, 1999
E
•
Chairman Plummer: First time. Is there a second to the motion? Second time. Is there a second to the
motion? Third and final and no action is taken on item relating to Civil Service. Item Number five.
Commissioner Sanchez: Motion to move item number five?
Chairman Plummer: I don't how you can move item five. There's nothing to move.
Commissioner Sanchez: All right. Sorry. Motion to move item number six.
Chairman Plummer: Moved by Sanchez. Seconded by...
Commissioner Regalado: Second.
Chairman Plummer: By Regalado. All right. Call the roll.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-540
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
BALLOT LANGUAGE FOR PROPOSED CHARTER AMENDMENT
ISSUE IN CONNECTION WITH THE STRONG MAYOR FORM OF
GOVERNMENT.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Chairman Plummer: Item number seven.
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Plummer: Item seven relates to the auditor.
Vice Chairman Gort: Second.
Chairman Plummer: Moved by Sanchez. Seconded by Gort.
Commissioner Teele: Moved by Teele, Mr. Chairman.
Chairman Plummer: I'm sorry. I'm sorry. I stand corrected. Call the roll.
86 July 27, 1999
•
•
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-541
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
BALLOT LANGUAGE IN CONNECTION WITH A PROPOSED
CHARTER AMENDMENT ISSUE ESTABLISHING THE AUDITOR
GENERAL CLASSIFICATION.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item eight relating to Seven -Member Districts?
Commissioner Teele: So moved.
Chairman Plummer: Moved by Teele. Seconded by...
Vice Chairman Gort: Second.
Chairman Plummer: ...Gort.
Commissioner Sanchez: You second it?
Vice Chairman Gort: Yes.
Chairman Plummer: Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Chairman Plummer: Well, let me put it to you this way. I will not support the issue, but to put it on the
ballot, I will vote yes. OK. I think, let the people have the right to speak and I have no problem with that, as
I did with the others. Mr. Sanchez.
Commissioner Sanchez: And that's the bottom line. Let the...
Chairman Plummer: No, it's no bottom line.
Commissioner Sanchez: Sure, it is. You know, we could get up here and could sing and dance and all you
87 July 27, 1999
•
•
want.
Chairman Plummer: All right. Now...
Commissioner Sanchez: Let the people decide how they're going to vote.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-542
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
BALLOT LANGUAGE IN CONNECTION WITH A PROPOSED
CHARTER AMENDMENT ISSUE TO PLACE BEFORE THE
VOTERS A PROPOSAL CALLING FOR A SEVEN MEMBER
COMMISSION DISTRICT IN THE CITY OF MIAMI
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Joe Sanchez
ABSENT: None.
Chairman Plummer: Now, let's go back and argue about -- which item passed? Item one and three failed,
am I correct?
Vice Chairman Gort: Yes.
Commissioner Teele: One, three failed. Number five, no action taken.
Chairman Plummer: One, three and five are not for any further discussion. So, we're now talking about
two...
Vice Chairman Gort: And number four.
Chairman Plummer: Four is out also?
Mr. Vilarello: Motion failed.
Chairman Plummer: Oh, four is out also. One, three, four and five. So, that leaves two, six, seven and
eight. Four issues left. I'm sorry. What do you mean, I didn't vote? I said yes.
Mr. Walter Foeman (City Clerk): You didn't record your vote.
Chairman Plummer: I'm sorry. OK. All right. Now, let's go back to item two. Are there any substantive
88 July 27, 1999
changes in item two?
Vice Chairman Gort: Mr. Chairman?
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: My understanding is, we've talked about home ownership. We've talked
about economic development, and we've had some charts that was presented to us, which shows
the differences between -- we have the restrictions that we have with today's property compared
to before. The RFP (request for proposal) -- we had ten RFP through the year. Eight were
answered. After that was done, we had ten RFP. Maybe two were answered. And the problem
that you have, you have certain property within the City of Miami that, if they don't receive three
bids, they would have to go to an election. Now, you have to realize, we have a lot of single lots,
residential lots throughout our neighborhoods, but if an individual does not get three bids for that
lot, what would take place is, it would have to go to elections. And it would be ridiculous for
twenty-five thousand dollars ($25,000) or fifteen thousand dollars ($15,000) lot to go ahead and
take it to an election. It would not make it feasible. And this is a problem that staff has been
having with a lot of the -- that's what -- this has been on the ballot before. It almost passed the
last time it was in. I think it's important that the City could start doing something with their
properties. And mainly what it is, we put a cap of any property. We had an analysis of property
under five hundred thousand dollars ($500,000) and property over a hundred -- five hundred
thousand dollars ($500,000). We had property under one hundred thousand dollars ($100,000)
and you have a lot of those lots that qualify under one hundred thousand dollars ($100,000) lots.
My understanding, at the same time, we were told by staff that Dade County has a lot of
property, single, residential lots, that they had taken over because individuals have not paid their
taxes on it and there was a need. And those properties could be sent over or be passed over to
the ownership to the City of Miami, but the County would not do it because we cannot dispose of
those properties with the existing system that we have today. So, that's why I think it's important
that we put this on the ballot.
Chairman Plummer: OK. The next item is item number six in reference to the Strong Mayor. Anybody got
any ideas on that item?
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado?
Commissioner Regalado: Mr. City Attorney?
Mr. Vilarello: Yes, sir.
Commissioner Regalado: How long would you need to come back to this Commission with the language in
terms of all the changes have been -- that have been proposed here? And the question also is, do we need to
set now a meeting to discuss and approve this language?
Mr. Vilarello: If the City Commission limits it to these four issues, I do have some additional questions
with regard to item eight, the Seven -Member District, which I need some answers from the City
Commission and direction. The Disposition of City Property was on the last ballot. That language is
essentially prepared. Commissioner Plummer had, some time ago at the Commission meeting, talked about
the Auditor General. That language is somewhat prepared. The Strong Mayor, the Committee has done a
89 July 27, 1999
0 0
good work with regard to identifying the issues within that. I should be able to put that together relatively
quickly. So, with the exception of the Seven -Member District, I don't see necessarily a very difficult task at
hand.
Chairman Plummer: Well, my question in the Seven -Member District is very simply. Are we going to be
bound by these maps or are we, the Commission, going to draw the maps? What do you mean, no?
Mr. Vilarello: Pardon?
Commissioner Regalado: In the past, the Commission did...
Chairman Plummer: Absolutely.
Commissioner Regalado: ...draw the maps.
Chairman Plummer: Absolutely. And that's the question I'm asking now. All of these points -- as i
remember, for a ballot question, it was 75 words?
Mr. Vilarello: Yes.
Chairman Plummer: OK. Now, how are you going -- let me go back to the Strong Mayor. How are you
going to put all of these provisions that are outlined here in 20 -- what is it, 20 some items? -- 24 items in 75
words?
Mr. Vilarello: You mean separate -- with regard to form of government?
Chairman Plummer: Are each one of these going to be a separate item?
Mr. Vilarello: No. I simply need to identify the change in the form of government. That's what it -- don't
ask me to do it as I sit here today. That's not the appropriate way to do it. In fact, the City Code allows me
120 days. I believe I can get that done for you relatively quickly, but...
Chairman Plummer: My question is, look, for the people of this City to be able to understand what they're
voting on, how are you going to incorporate 24 different items relating to the so-called Strong Mayor so that
the people have the knowledge of what they're voting on?
Mr. Vilarello: The substantive change...
Chairman Plummer: Because if you don't, then I'm going to change my vote.
Mr. Vilarello: Well, that's why you have an opportunity to see the question in a resolution, which I'll
prepare for you, and you'll have an opportunity to question the question as I phrased it.
Commissioner Sanchez: As my grandmother would say, "keep it short, stupid."
Commissioner Regalado: No. Question.
Chairman Plummer: Yeah, but you didn't learn from your grandmother.
Vice Chairman Gort: J.L., I have a question. I have a question.
90 July 27, 1999
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding -- and I've not seen it -- there's a petition going around. My
understanding also is, if that petition receives, I think it's 18,000 signatures, registered voters, it does -- if
that petition passes, the 18,000 signatures, what is the duty of this Commission then?
Mr. Vilarello: If a petition is appropriately before the City Commission, the City Commission must place
the question on the ballot.
Vice Chairman Gort: The question that you put on the ballot, can we change that or that has to be the
question that has been put by the petitioners?
Mr. Vilarello: You can't change the question. It has to carry forward the intent within the petition.
Vice Chairman Gort: Thank you.
Commissioner Regalado: Again...
Chairman Plummer: I would still like an answer to my question, because I haven't got an answer yet. My
question is very simple. In 75 words, you're telling me that you can incorporate all 24 of these items relating
to the duties and responsibilities of the Mayor?
Mr. Vilarello: The ballot question need only be a summary of the changes that are being identified. It does
not need to be a verbatim -- certainly, you could not include a verbatim modification of each of them. The
question itself is limited to 75 words or less. However, it's simply a summary of the issues. Now, the way
that this City did it in 1997, it attached a copy of the particular sections of the City Charter, with
strikethroughs and underlines, identifying exactly what the changes were, specifically. The question,
however, is limited to 75 words.
Chairman Plummer: OK. Let me, if I may, because I...
Commissioner Regalado: If I...
Chairman Plummer: If I may, Mr. Regalado?
Commissioner Regalado: Sure.
Chairman Plummer: There's a letter here that the Mayor has asked that I read into the record. Wonders
never cease. "From the Office of the Mayor of Miami -Dade County. Dear Honorable Carollo and members
of the Board of City Commissioners. I write to express some of my views and concerns with your
deliberations today regarding the City Charter Review process. While I usually do not become involved on
issues that are strictly within the City purview, as the Mayor of Miami -Dade County, I am concerned with
the potential implications that your decisions could have on the entirety of our County and our region
generally. I am particularly concerned with the impact that your decisions today may have on the issue of
the stability and financial standing of the City. Admittedly, I am not fully aware of the issues and nuances
that are before you today. However, I write you based on my concerns for the entire County. I commend
you and your administration on the progress you have made in the areas of financial and administrative
stability. I urge you not to take any action today that may set back the progress that you have made in
strengthening and solidifying the City's financial and administrative condition. While you have received
91 July 27, 1999
recent votes of confidence from your Financial Oversight Board and Moody's Investors Services, Moody's
has most recently expressed concern with your deliberations on the Charter Reform issue. The City's
financial and administrative stability and bond rating status are intricately linked with the ability of all of
Miami -Dade County to market itself as a destination for business, conferences, et cetera. Additionally, it is
very important for all of Miami -Dade Countians to have faith and confidence in the administrative of its
largest and signature City. I firmly believe that the voters should have ultimate say over the form of
government that they prefer. However, please be cautious that, in the process, that you do not steer the ship
off course. The City of Miami is at a very' pivotal point in its rise from earlier woes. Accordingly, if you
decide the voters should decide now on the future of government, it may be wise to implement that form of
government at a time when the City is on more solid ground to embark on the new day. Sincerely, Alex
Penelas." (Applause) Sir, I'm going to give you another warning. I said that any outbursts would be asked
to leave from the room. That's the last warning. Next time, those three big policemen back there are going
to get nasty. OK? All right. Well, we've got another one. Four. All right.
Commissioner Regalado: Question.
Commissioner Plummer: Mr. Regalado.
Commissioner Regalado: The City Attorney is right. I remember that the question for the Executive Form
of Government was presented to the voters. And, mind you, I have to say and I remember and we all do,
that it was the second question on the ballot because the first question was the abolition of the City of
Miami, whether the voters wanted to abolish the City or not. And the second question was the Executive
form of government and, of course, the campaign that we all did was "Vote Yes" for Miami. But it was --
the ballot was clear at that time in terms of the Executive form, although, in the campaign it was already
called a Strong Mayor form of government, and I think that that made a lot of people believe that we were
voting for a form of government similar to other municipalities. Having said that, my question to the City
Attorney is, does the power of the Commission has to go in the same question that the Mayor's powers will
be? I mean, you would do that in a separate way or that would be just one question? Mayor will have this
power, Commission will have this power, all in 75 words, which, I think, it can be done. I really think that it
can be easily understood, if you just take the main powers of both entities. But my question is, does it have
to be separate or together?
Mr. Vilarello: The City Charter covers the form of government in Section IV of the Charter. My
recommendation to you is that you incorporate it within one question. You can separate the questions with
regard to Commission powers and the Strong Mayor. However, then we have to be careful to be consistent.
And, furthermore, you have to be careful that one of the items might pass and the other one would not.
Therefore, my recommendation is that you include it as a change in your form of government with the
inherent changes in the authority of the Commission and the Mayor within the same question.
Commissioner Regalado: OK. Just wanted to know that. So that would be one question. Again, Mr. City
Attorney, I'm -- I ask you, how long do you think you need to come back with -- or are you going to provide,
before this Commission calls a special meeting, with some draft document to study before the special
session of the committee, like we did in '97?
Mr. Vilarello: Commissioner, earlier in the day this City Commission indicated that it would continue the
balance of items not discussed today perhaps to next Monday. I will use my best efforts to have those
questions ready by next Monday and, therefore, try to avoid the calling of a special meeting. I can only
promise you to use my best efforts.
Chairman Plummer: OK. I want to go back to Item 8, OK? Are you telling me that my vote on the
92 July 27, 1999
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Seven -Member District is, in fact, locks me into the maps that have been proffered?
Mr. Vilarello: Actually, you need -- we need to...
Chairman Plummer: Because if it is, then I'm changing my vote.
Mr. Vilarello: We need to revisit each of these because you need to identify for me which map and
redistricting plan you're going to consider.
Chairman Plummer: What is the understanding of the Commission?
Commissioner Teele: Look, you only have two maps, so you are locked in. And, according to the way the
City Attorney has opined in the past, you know, I'm really getting concerned about -- this is no time to get
weak kneed (sic), gentlemen. Now, you are locked into a map. Now, whether the City Attorney will tell
you that or not, you're locked into a map because there's two maps and you're locked into one of those two.
Chairman Plummer: In other words, I'm to be locked into something when I don't know the demographics, I
don't know the breakdown, I don't know anything about, other than a map which I was first handed here
today?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Is that what you're telling me?
Commissioner Sanchez: Yes, sir.
Commissioner Teele: Yes, sir.
Commissioner Plummer: Mr. City Attorney?
Mr. Vilarello: Yes.
Vice Chairman Gort: No. No.
Chairman Plummer: Then...
Mr. Vilarello: We need to -- see, there's several issues that you need to revisit on each of these questions.
One will be the effective date, whether you'll call for a special election, whether you finish the term of an
existing...?
Commissioner Teele: Yeah, but I understand all of that. But let's don't confuse the issue. The issue here is,
you all have opined and, quite frankly, the County Attorney opined in a separate setting, that you cannot
have a district without having a map. Is that your opinion?
Mr. Vilarello: The question will require a district plan. A district...
Chairman Plummer: Not a map?
Mr. Vilarello: Well, it would have -- it's a map of the redistricting. You have to identify the redistricting.
93 July 27, 1999
Chairman Plummer: Yeah, but here again -- excuse me.
Commissioner Teele: Whether you call it a plan or a map, we're talking about the same thing. It's a map.
Chairman Plummer: No, that's not what I'm talking about.
Vice Chairman Gort: Mr. Chairman?
Commissioner Plummer: Wait a minute, Mr. Gort. If I may finish, please.
Vice Chairman Gort: I was going to answer your question.
Chairman Plummer: All right. Go ahead and answer my question.
Vice Chairman Gort: In you recall, the reason I came back to this Commission and asking, instead of
having three, I wanted to have two because we already went through the procedure about a year and a half
ago, when we put the districts together. You have a map. You also have the information in your package,
am I correct, Marva? They all got the information of the demographics of each of the districts?
Ms. Marva Wiley (Special Assistant to City Manager): Demographics aren't in the packet, but I do have
that map here. We could also -- can make copies of it, yes.
Vice Chairman Gort: You didn't put the demographics in the...
Ms. Wiley: The demographics are not in the package, no.
Chairman Plummer: Well, the question I guess I really have - whether I change my vote today or at a later
time -- is, in fact...
Commissioner Teele: J.L., let's don't -- if you're not for something, let's don't confuse -- because, you know,
the word's going to go out. The last thing we need to start doing is switching back and forth. Now, I mean, I
want you to be for this but if you're going to change it, based upon the fact that you don't have enough
information -- and that was one of the questions I asked the Clerk's Office in the past. I'm concerned that
enough information has not gotten out to the Commission regarding what the districts really look like and
what the demographics are.
Chairman Plummer: And as such?
Commissioner Teele: And as such, you know, if we vote on it -- we voted on it once today and there will be
another vote on Monday.
Commissioner Plummer: Mr. Teele, if, in fact, I have the opportunity, Mr. City Attorney, to vote yes, as I
did on Item 8, to create seven districts, which I indicated I was not in favor of but I would vote to put it on
the ballot -- if I have the right, when it comes back to make changes on that map, I will not change my vote
today. If I do not have that opportunity, I will change my vote now and let the matter fail. So, you tell me,
Mr. City Attorney, what my options are?
Mr. Vilarello: Commissioner...
Commissioner Teele: Will he have the right to change the map boundaries on Monday?
94 July 27, 1999
Chairman Plummer: That's exactly what I'm saying.
Mr. Vilarello: Commissioner, I don't even have the demographics of each of the redistrict...
Chairman Plummer: Neither do I.
Mr. Vilarello: All we have is these two maps, 71B and 7...
Chairman Plummer: And I had no input, nor did I see those maps until today. She brought them to me this
afternoon because she admitted that my back-up material did not have the two maps, OK? So, you tell me.
If I've got the opportunity on Monday to change the structure of the map, then I will let me my vote ride.
You see...
Mr. Vilarello: Commissioner, my concern is, what's the basis of your change of the boundaries of the map?
Chairman Plummer: Because when I find the demographics, I might want to change them, all right.
Mr. Vilarello: I don't know whether there's going to be anybody ready to present evidence to you of the
demographics of the districts.
Chairman Plummer: OK. All right. Thank you. Mr. City Clerk...
Vice Chairman Gort: Excuse me.
Chairman Plummer: ...what do I need to do to change my vote?
Vice Chairman Gort: Excuse me. Excuse me. Point of clarification.
Chairman Plummer: Sure, go ahead.
Vice Chairman Gort: For your information.
Commissioner Teele: Move to reconsider.
Chairman Plummer: OK.
Vice Chairman Gort: My understanding, there is enough data in there that can give you all the information
in there about the districts, the demographics of each districts, and that has been recorded and has been
presented to this Commission. So...
Chairman Plummer: I have not seen it.
Vice Chairman Gort: ...the information is there and I can give you a copy here, the staff, I'm sure the Clerk
has done it. You cannot change the map that easily. It takes -- if you recall, we had some individuals that
worked for many years. They're experts. And in order to change the line, you have to make sure you have
the same population, the same individuals, and so on.
Chairman Plummer: I understand that, Mr. Gort. But I, who am voting on this issue, have not had the
opportunity to study it or to look at it, all right. Look, I told you guys before and I'm going to tell you again,
95 July 27, 1999
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I prefer that none of this matter comes up in November: We've got three persons who are up here for
election.
Commissioner Teele: J.L., let's don't beat it. Because let me tell you this...
Chairman Plummer: OK.
Commissioner Teele: Move to reconsider...
Chairman Plummer: All right.
Commissioner Teele: ...if that's what you want to do because the worst thing that can happen is for us to put
something on the ballot and to have the kind of dictum and dialogue that you're getting ready to have about,
I'm not -- you know, and that's just going to read very poorly to the public. It's going to make it look like it's
something we -- if we're not comfortable -- if four people aren't comfortable with this, it should not go
forward and that's been my position all along.
Chairman Plummer: OK. I move to reconsider. Can I make such a motion? I don't know if I can or not.
Commissioner Sanchez: Yes.
Commissioner Teele: Yield to the Vice Chairman.
Chairman Plummer: OK. I yield to the Vice Chairman and I move to reconsider.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Anybody can second.
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Any discussion? Being none, call the question.
Mr. Vilarello: With regard to Item 8.
Chairman Plummer: On item 8, who made the motion?
Commissioner Sanchez: I made the motion. I moved the Seven -Member District.
Chairman Plummer: Yeah.
Commissioner Sanchez: So moved again.
Chairman Plummer: And it was seconded -- no, it was moved by Teele. Seconded by you.
Commissioner Teele: I moved the Seven -Member District.
Chairman Plummer: Right.
Commissioner Teele: So, I would move it again...
96 July 27, 1999
Chairman Plummer: OK.
Commissioner Teele: ...for purpose of allowing Commissioner Plummer...
Commissioner Sanchez: To change his vote.
Chairman Plummer: And I thank you.
Vice Chairman Gort: Is there a second?
Commissioner Teele: ...to do whatever he's going to do.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. It's been moved and seconded. Discussion? Being none, OK.
Chairman Plummer: Call the roll.
Vice Chairman Gort: Call the roll.
Chairman Plummer: OK. Now, where are we back to now? The public -- wait a minute. Mr. Teele, we're
now going to have the input of the public, correct? Anybody in the public that wants to speak, I would ask...
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: How many people would like to speak on -- all right. I don't think we need to take a
tally.
Commissioner Teele: Mr. Chairman, would you allow the City Attorney to read into the record essentially
what are the items that we have approved today for further discussion and input?
Mr. Vilarello: The City Clerk just informs me that the vote that was just taken was on the motion for
reconsideration. Apparently, there was no vote on the motion for reconsideration.
Commissioner Teele: So, we're still alive?
Mr. Vilarello: So, appropriately, it's a motion for reconsideration again.
Chairman Plummer: OK. Now, what do you need?
Mr. Vilarello: It's a motion...
Vice Chairman Gort: So, wait a minute. What happened then is, we're not going to reconsider?
Mr. Foeman: You just voted not to reconsider it.
Vice Chairman Gort: Because we voted no...
97 July 27, 1999
Chairman Plummer: "Oye."
Commissioner Teele: The problem with that, Mr. Clerk...
Mr. Vilarello: A little misunderstanding.
Commissioner Teele: ...is, you had two separate motion makers. So, I mean, you can....
Mr. Vilarello: The motion for reconsideration was made by Commissioner Plummer. Subsequently, you
entertained a motion by Commissioner Teele on the item.
Commissioner Teele: Right.
Mr. Vilarello: There was no vote taken on Commissioner Plummer's motion for reconsideration, when he
passed the gavel to the Vice Chair. So, appropriately, we need to get back and...
Commissioner Sanchez: Take a vote on it.
Mr. Vilarello: ...consider the motion for reconsideration or there's a motion on the floor.
Commissioner Teele: On the motion to reconsider?
Vice Chairman Gort: No, reconsideration.
Commissioner Teele: Call the question on motion to reconsideration.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Regalado: So, we're voting to reconsider. That would be a yes.
Commissioner Teele: Certainly, I would always extend the right of my colleagues to vote yes.
Commissioner Sanchez: I stipulate that.
Chairman Plummer: I want to know why Teele's got his fingers crossed. OK.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO. 99-542.1
A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 99-542,
WHICH HAD DIRECTED THE CITY ATTORNEY TO DRAFT
BALLOT LANGUAGE IN CONNECTION WITH CHARTER
AMENDMENT ISSUE TO CHANGE THE FORM OF
GOVERNMENT OF THE CITY OF MIAMI TO A SEVEN MEMBER
DISTRICT COMMISSION.
98 July 27, 1999
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Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: I now make a motion -- no, you make your motion, Mr. Teele.
Commissioner Teele: I move that the Seven -Member Commission go forward in the November ballot, and
that the attorney be instructed to prepare the appropriate ballot language.
Chairman Plummer: Who seconded it?
Vice Chairman Gort: I do.
Chairman Plummer: Seconded by Gort. You are the Chair.
Vice Chairman Gort: No, I'm not the Chair.
Chairman Plummer: You are the Chair. I made the motion.
Vice Chairman Gort: Not on this one. This is a different one.
Mr. Vilarello: We're now on Commissioner Teele's motion.
Chairman Plummer: All right, all right, all right. No, Teele made the motion. I'm the Chair. OK. Call the
roll.
99 July 27, 1999
•
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION FAILED
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
ABSENT: None.
Chairman Plummer: All right. Now, Dan.
Commissioner Teele: All right. So, would you now ask the City Attorney to review, very briefly, the items
that are for discussion as it relates to the motions? These motions were all motions to instruct the City
Attorney to prepare the appropriate ballot language.
Mr. Vilarello: I will request that we revisit each of them because I need to identify certain issues in
connection with those questions. But you've asked for three items. One is with regard to Disposition of
City Property. The other one was with regard to Strong Mayor form of government. And the final one is
with regard to the Auditor General.
Commissioner Teele: Mr. Attorney, Mr. Clerk, I would ask, in deference to the Office of the Mayor, that all
three of these items be prepared as separate resolutions for presentation to the Mayor.
Mr. Vilarello: They have to be.
Commissioner Teele: All right.
Commissioner Plummer: All right. We now have the understanding that before us is items two, seven --
two, six and seven, am I correct? Is everybody on the same page?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: OK. It's almost crazy now that we hear from the public, which I think this is bad
(unintelligible) After we have voted and set it in concrete, we're going to hear from the public.
Mr. Daniel Ricker: I just...
Chairman Plummer: I think it's crazy, but that's...
Commissioner Teele: Mr. Chairman, with all due respect, we have not voted on the substantive -- Mr.
Attorney, we have not voted on the substantive language that will be contained in these three items and I can
assure you that I have a series of requests and changes as it relates to at least two of them. So, we have not
100 July 27, 1999
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foreclosed to public's input.
Chairman Plummer: Well, excuse me.
Mr. Vilarello: At this time, you haven't even directed me on which ballot -- whether the November 2nd,
November 9th. Whether there's a -- finish the Mayor's term, whether there's a new election. All those issues
need to be identified.
Chairman Plummer: Let me also clarify one other point. What we're doing today doesn't mean that on next
Monday, if that's when you come back, that we can't vote differently.
Mr. Vilarello: That's correct.
Chairman Plummer: The only thing that -- I'm sorry, Mr. Teele, that I have to do that -- is that I would have
liked to have put the Seven -Member on the thing, but when you precluded my ability to take and to study
the issue without making an intelligent ballot, I'm not going to do it. So, that's how it will not be under
consideration.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Before you go on, I'd like to recognize Representative Barreiro, who's here visiting us.
Commissioner Sanchez: Yes.
Vice Chairman Gort: Welcome.
Chairman Plummer: Oh, hey, nice to have you here.
Commissioner Sanchez: Representative Barreiro, I was about to do that. Also, Mr. Chairman, I would
like...
Commissioner Plummer: Mr. Sanchez.
Commissioner Sanchez: Like I stated before, if we could limit this input to, whether it's good or bad
changes to the future of this City, so we don't get into a situation where we're going to be either speaking
good or bad about a City employee or a City elected official. So, I would like for you to monitor this closely
and make sure that everything's done properly.
Chairman Plummer: I hope everybody has heard your admonition, and we'll go from there. Mr. Ricker.
Mr. Daniel Ricker: And we're actually off.
Chairman Plummer: Yes.
Mr. Ricker: Daniel Ricker, 4302 Ingraham Highway, Coconut Grove, Florida. I actually come before you
with a question — and with more of a concern of civility and clarify of government. I take the go-slow
position. I'm one of the few people that actually attended all of the Charter Review Commissions and this is
the file. I mean, I have photos as well. I come to you though in clusion. I don't know what's going on as far
as different forces, the dark forces, whatever. That's irrelevant. We live in one town. In this particular
document, there are a number of issues that are technical issues that we need to address based on our
101 July 27, 1999
significantly older Charter, but we have to remember that we had an election overturned, a correct, normal
election that later was via judiciary overturned. In American, this is a big, big deal. We have preempted a
normal election cycle. I would strongly suggest that we just allow the present situation, after judicial
intervention, go through its normal term. And we should also remember that our own political governing
ability has been very much affected by the fact that we have an outside oversight -- strike that -- an
Oversight Board, which has done an incredibly A -political job in turning our City around. Further, if you
want to do anything in the way of land and park and that -- land owned by the City, it would be incredibly
helpful, if you want this to be passed by the environmental community, that we put a definition of what
exactly is the park land that we have in the City inventory. Right now, all City land could be -- potentially
be a park or just dormant. Could be made into a development or something regardless. And that based on
that, if you think that we'll -- again, the enviromnental community -- will somehow go away as far as the
three bid alternative or somehow agreeing with the referendum without some definition like that, I think
you're incorrect. Finally, on a final note, I want to make a note for the record that this is actually the first
broadcast public meeting on the Charter Review. All the previous ones were not open to the public. The
last three were publicized but the public was not allowed to speak. Therefore, in reality, this meeting,
myself, and the first one that actually broadcast was NET 9 on the subject. Thank you very much.
Chairman Plummer: Thank you, sir. The next gentleman. Your name and address, please.
Mr. Juan Carlos Freyre: J.C. Freyre, 305 Southwest 24th Road. I want to start with the fact that I disagree
with Mr. Sanchez. It's my duty and responsibility to criticize and question any Commissioner, elected
official of the City. That's beside the point. How many people of this urgency we have to go on the
November ballot, to get on the ballot to change the Charter? How many citizens attended these meetings?
Not City employees, not people with contracts with the City. How many citizens attended Mr. Gort's -- the
meetings that he chaired? How many were there and how many people actually went and said something
that even care?
Chairman Plummer: Mr. Gort, can you give him an average?
Vice Chairman Gort: The average was very poorly attended
Chairman Plummer: Very poor attendance is the answer.
Mr. Freyre: So, there's public fervor to move forward to rush to November, to hurry November, is made by
you guys? Not by anybody else, not by the City, Right? I'm just asking. I'm just asking. I mean, I don't see
any public outcry here to run to November with a -- when you guys saw this paper today, half of you hadn't
even seen you but -- what was the first thing on this item here? Procurement. Half of you guys hadn't even
seen it. It caught you by surprise. You're changing the City Charter and you haven't even sat down to read
what your committee had proposed.
Chairman Plummer: Well, that's why it was turned down, sir.
Mr. Freyre: Well, I agree with that one. Yeah, but the other ones. I mean, the rest of it is the same. City
property. You understand that one? You do? You do? Everybody -- I don't think Mr. Sanchez did. I saw
him. He's not here right now. I'm saying, you guys are all running to -- you know, for November. Take
your time and do it right or just say what it is you really want to do and stop wasting everybody's time.
Thank you.
Chairman Plummer: Thank you, sir. Mariano Cruz.
102 July 27, 1999
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am opposite to the gentleman just say. I
am in favor of solving this as fast as possible. I don't say that people didn't go. I went to many -- to the
meeting, the one in Allapattah and I went to the one in Flagami that was canceled because there was nobody
there. But one thing I see, the people participate regardless, because that's why we got Commissioners
there. Nowadays, a lot of participation by checkbook. I am a member in NRA, ACLU, AARP, I don't have
to go to any of those meetings but send my check yearly, so I participate. The people there do the decision.
Willie Gort is my Commissioner and he does decision for me. That's why I vote for him. And another
thing, we have to -- because, you know what, the main thing that get me all these things? I didn't vote for
three judges to decide who is the Mayor of the City. I vote for Mayor. Why did they validate that election
and, then, they didn't it -- they have another new election. I think we need a new election as fast as possible
and let the democratic process continue and, then -- otherwise, democracy. The government of the people,
by the people, and for the people. No, of the judges, by the judges, and for the judges. And one thing I say
now, going to different thing, on the land. The land that we got, that we had given land and giving rights to
use to the County and what happened? The County comes and do whatever they want there, without even
consulting us. Why is that? Why the City have to give land to other government entities, being federal or
being county or being state? We should at least remain with the power or say-so in whatever is going to be
happening in those lands because nowadays something is going to happen in my neighborhood that City
have no say-so in whatever is going to happen there. But remember that fast election, as soon as possible.
Don't tell me that we don't need that. We need that. Otherwise, will be chaos around here. And a lot of
intimidation.
Chairman Plummer: Mr. Cox.
Mr. Charlie Cox: Charlie Cox, President of local 1907, 4011 West Flagler. I have to stand before all of you
today and let you know that the General Employees Union is going to oppose this. We're going to oppose it
hard. I could tell you that I definitely don't agree with everything that our City Manager does, but we are
heading in the right direction. We've headed in the right direction. I also did not endorse our Mayor that we
now have, but this City is turning around and you know what, what everybody keeps for getting is, the
public's the one that's suffered through this. The employees, that have been here a long time, keep suffering.
Our bond ratings are going to suffer. Everything else that we're going through right now is going to be what
happened two years ago or three years ago or four years ago. And you know what, people are getting tired
of it. We're going to be the circus on the media again and it's going to be an every day occurrence again.
And, at some point and time, you know what, we're going to have to make a decision and I thought that
decision was made not long ago when they decided to make the district changes and to make the form of
government we have now. And you know what, maybe the public will change it. Maybe they won't. But
we don't have a right to stay here and I don't believe a Strong Mayor will be a good form of government.
Chairman Plummer: Charlie, I don't necessarily agree with you. One of the reasons I voted yes today was
simply to put it on a ballot. Because I want tell you something. If it wasn't decided here or in November,
this matter was going to continue to fester and keep this City disruptive, and the only way I know to bring it
to a halt is to put it on the November ballot, let the people speak to it. They either up it or they down it and
it's over. As far as I'm concerned, that's the way to travel, and that's the only way that I know that we can
eliminate this thing from continuing beyond November. Because if we didn't do something here today, it's
going to come back in October. It's going to come back in November. It's going to continue to come back
and keep this City disruptive. So, I voted to put it on, let the people speak in November, and it's going to be
over one way or the other, and that's the only reason I voted as I did. Just want you to know that. Yes, sir.
Mr. Ed Pidermann: Ed Pidermann, Miami Association of Firefighters, Local 587, 2980 Northwest South
River Drive. Tom Gabriel, the President, couldn't be here. He came very close to canceling a long planned
vacation to go back home for a reunion, but because he thought this issue was so important, I convinced him
103 July 27, 1999
otherwise and I told him I'd try and express our views for us. He wanted us -- he wanted you to be aware that
the firefighters adamantly oppose these Charter changes. You know, many people in our community,
including my parents, fled from Cuba over nearly 40 years ago because of escaping the dictatorial control,
you know, and that iron grip that they have over us. This structure will present similar problems, OK. The
voters of this community, two years ago or two and a half, three years ago, voted on a system of
government. Why not allow that to stand? In fact, why don't you just put on every ballot, every general
election a multiple choice, a series of choices for people to make a decision. Change it on every -- at every
election, but a Strong Major, a City Manager, an Executive Mayor, just put it and change it at every
election. This system has not been allowed the opportunity to be tested. It's less than two years. Less than
two years old. And the people voted for it, for an executive form of government, and we should allow it to
take its turn in our City here. The last thing I want to leave you with is, we want this not to become a
political issue. Obviously, it's definitely a political issue. We want you to please consider that this not be
done on political terms, to consider what the best way for this City to go. Already, in the letter from Mayor
Pinelas, comments have been made about the concerns of the investment community up in New York and
those are true concerns, where this ship's on the correct path -- on the right path and it should be allowed to
continue to steer that way. Thank you.
Chairman Plummer: All right, sir. I don't necessarily agree with you and I don't necessarily disagree with
you, but many, many cities, sir, have Strong Mayors and I don't think that, in any way, shape or form -- if the
people of this community so chose to have a Strong Mayor, that it necessarily will be a dictator or Fidel
Castro. I don't necessarily agree with that, all right? Let me also say to you, sir, that if the people of this
community are very much satisfied that what is presently the administration and the form of government we
have, they will have that opportunity to say "no" and that will mean that the form of government that we
have today remains, and that gives them the opportunity to speak to the issue, sir.
Mr. Pidermann: But -- I mean, how often are we going to ask that question, at every election? It's less than
two years old, this process has...
Chairman Plummer: Sir, I can't remember...
Mr. Pidermann: This system has been in placed and it should be allowed to have some type of historical
anecdotal evidence of whether it's positive or negative.
Chairman Plummer: One other time in my history here in this City, there was a Strong Mayor issue ballot
and it failed at that particular time. Will it fail this time? That remains to be seen. And if the people of this
community, as I say again, are happy with what they have, they'll turn this issue down. Just that simple.
Now, the thing that I have the biggest problem with -- and I'll continue -- I don't think the City Attorney is
going to be able to come up with rationale legislation terminology that people are going to understand.
That's what I keep asking him, how he's going to do it? I guess I'll find out on Monday. And if I'm not
convinced on Monday, that it's something that the people of this community can understand, I'll change my
vote.
Mr. Pidermann: Well, I just want to let you know that the firefighters are definitely opposed to this type of
form of government and we're going to be at the forefront of the educational campaign to make sure that the
citizens know exactly what they're voting on.
Chairman Plummer: So be it, sir, and you should be. Mr. Tucker Gibbs.
Mr. Tucker Gibbs: Hi. My name is Tucker Gibbs. I live at 3835 Utopia Court in Miami. I was the Mayor's
appointment to the Charter Review Committee and I have the -- I guess -- I'm the one person who voted
104 July 27, 1999
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against all of this. I work very hard on all of this and I took it very seriously because I think there are
serious problems that affect this City that are rooted in the Charter. The Charter of the City of Miami is a
disaster a from legal perspective, from a policy perspective, from an implementation perspective. And my
understanding, when I was appointed to this committee, was this committee was supposed to create new
language in the Charter to make the City work better, and every member of that committee took that charge
very seriously. And the problem was, we wanted to bring it into the 21st Century. Now, I don't know where
a Strong Mayor fits in to bringing it into the 21 st Century because I think Strong Mayor is something of a
19th Century concept. But beside that, there were other issues -- and Commissioner Teele, several months
ago, said, that were far more important than a Strong Mayor. Issues dealing with Procurement, with the idea
that anything that the City buys over forty-five hundred dollars ($4500) has to come to the Commission for
its approval or the Disposition of City Property, which you all are putting on the ballot, where you have an
antiquated, Unified Development Process, that discourages developers from coming in and giving legitimate
development bids on the projects in the City. You have Civil Service issues, and I'm not going to get into a
debate with my friends in the Unions, but those are serious issues of Civil Service reform, change, however
you want to put it. Those are issue this committee tackled. Those are issues that are important to this City.
Those are the issues that are going to make this City make money, lower taxes, run more efficiently. The
issue of the Strong Mayor, where's the clamor for that? You go to any public administrator, I think, in this
City, this County, this State, and this Nation, you ask them to review how the City of Miami operates? And
they will sit there and they will look at the Charter and they'll talk about Procurement. They'll talk about the
UDP (unified development process) process. They'll talk about Disposition of Property. They'll talk about
all that first. The issue of a Strong Mayor, the issue of all of that, I don't think they're going to put that high
on the list. So, when you all, as a City Commission, look at what we did, as a committee -- and I believe our
work was incomplete, that we didn't have enough time; that, I think, that when you deal with such
substantial changes to the City Charter, you need time and you need a plan. None of that has come up
today. What is the plan? You're throwing these issues on the ballot. Do you all have a plan to have a
committee put together, to go out there and bring the business community of this town, the civic activist
community, the people who live here, and get them behind this? Is there such a plan? Is there time to put
such a plan together? What this is is a recipe for disaster. What you all are doing, by putting all of these
questions, these three questions on the ballot, is you're poisoning the well. If these fail, if all of these fail --
and I suspect they might, given the fact that the Disposition of City Property question is virtually the same,
as the one that went down in flames last year, last year -- you've got a problem because, then, when serious
issues of the Charter come before you to put on the ballot and you put them on the ballot, the people of the
City of Miami are going to say, "You know, these guys, they just throw stuff on the ballot." I said in a
memo, it was like throwing spaghetti on a refrigerator to see if it sticks. The people of the City of Miami
are going to be sick of it. They're going to be sick and tired of having to come out to the polls and deal with
these issues. Plus, where's the education? How are you going to explain the procurement process any better
than you did last time to the people? Think about that. That issue -- I'm sorry. Disposition of City Property.
That issue is an issue that has been subject of several Charter changes that came from the people; that said,
we don't trust the City to dispose the City property, so what we're going to do is, we're going to make it so
difficult that it has -- if you don't get three bids, you've got to go out to the public and you've got to put it on
the ballot. That's one of those issues you want to take off. If it's less than five hundred thousand dollars
($500,000), guess what guys? One bid and it doesn't go on the ballot and the City can dispose of it, and that
was on the ballot last time. What you all are doing is taking a very politically charged issue, just that issue.
You're tying it with the Strong mayor. You're tying it with these other ones. And you know what's going to
happen? And I think Commissioner Plummer probably thinks this. I'm not going to try to put words in his
mouth, but he's been around a long time. If it's something that's negative on the ballot, chances are,
everybody's going to vote no on everything. Think about it. I want you guys to think about it, how you
want to reform this City. Create a plan. Do it thoughtfully over a period of years. Create a political action
committee or a group of citizens and get the Beacon Council in there, get the Chamber of Commerce, and
do it right. This isn't right. What you all are doing is for -- I don't know what the reason. I'm not going to
105 July 27, 1999
even suggest what the reason is. You're going to ruin it. This City is going to be ruined because of this. I'm
sorry. This is my opinion and I feel very strongly about it.
Commissioner Regalado: If I could just make a comment.
Commissioner Plummer: Mr. Regalado.
Commissioner Regalado: Tucker, very briefly. I had the opportunity, if you remember, to introduce a
motion to put that on the ballot last year and it was defeated, but it didn't came down in flames. It was 49 to
51. And the reason is, I think, first of all, "The Herald" and several editorials asked the readers to vote no
because of the situation of the City and the fact that the City Commission may have the say-so in selling
those properties, and the administration and the -- I think the elected officials did not campaign for it. That
was something that was on the ballot and it was explained briefly by NET 9, 1 think. So, I think that the
people would understand and that would not be something that the people would run away from and vote no
in every issue. I think that the people that I have heard here are underestimating the information that the
people -- the voters of Miami have. The voters of Miami are very, very well-informed. I think it's a
community that has a lot of information. It's a community where the elected officials interact directly with
the people of Miami through the media, and I mean all elected officials of the City, from the Mayor to the
Manager, which is not elected. But I think that the people will have information and that the Unions will, of
course, do their part to do whatever they think that they want to do. So, I just wanted to say that issue was
almost approved by the voters and it did not have any advertising or information from this government at
that time. There were other issues, very political, that probably took the time of the elected officials, but I
just want to say that.
Mr. Gibbs: Commissioner, just to respond to that. I wanted to remind you all, we're talking about the
context. The context here was bringing this Charter into the 21st Century, and the context was making the
city work better. I firmly believe -- and I think you all ought to look at this -- if this is part of a plan, let's
make the plan. Thank you.
Commissioner Sanchez: J.L.? Mr. Gibbs.
Commissioner Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Gibbs, I have the utmost respect for you. You're very involved in the
community. You're always an activist for a good cause. But let tell you, the only thing that we've done here
-- and you're entitled to your opinion and I respect it, and I'm entitled to my opinion and I know you respect
my opinion. It's just basically that we are the elected people, us, are giving the voters the opportunity to
decide which type of government they want, and that's all that we're basically doing. You know, whatever
style of government -- it may be Strong Mayor. I think that, in the long run, accountability -wise, will be able
to hold one elected official, one -- whoever it may be. It may be our current Mayor now. It could be a
he/she. Whoever it may be -- would have the person -- professional staff, such as Mr. Warshaw and the
administration, they have done an excellent job. But the deal is that we must hold accountability, which is
something very benefit to government. In doing that, holding one elected official -- because, in the past -- I
don't want to go into the history trail here not long ago -- when we were sixty-eight million dollars
($68,000,000) in the hole, and who were we able to point the finger at? We weren't able to point the finger
at anybody. But once you put an elected official who's responsible, that's you're going to point the finger at
and say, "Look, it is your fault. We elected you to represent us. We elected you and you're held
accountable." That's what I consider accountability and government is all about.
Mr. Gibbs: My response, very quickly, J.L.
106 July 27, 1999
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Chairman Plummer: Please.
Mr. Gibbs: My response to that is, I understand that and I think that's why we had the Executive Mayor
form of government, where the Mayor appoints the City Manager. And the Mayor, as you all know, is the
only elected official in the City of Miami, who is elected citywide. The buck stops with the Mayor.
Because everyone in the City of Miami has to voted for him, not just from a district. So, there is that
accountability for the Mayor. He's the guy. He's the guy who appoints the City Manager. He's the guy who
makes the decision. You all act as a legislative body too. But what I'm trying to say, if you all want to put
this out on the ballot, put it on the ballot in a planned, measured way, where you have it in the context of
truly reforming City government and putting it -- make a five-year, a three-year plan where you put
questions on the ballot every year that relate to each other; you have a standing committee that deals with
this; you put together business community; you put together the entire community to support it. What you're
doing now is, you're throwing something on the ballot. And you all may speak on it, but where's the
business community in all of this? Where are the people who want -- we want people to move into the City
of Miami and pay taxes. The business community, we want the business community to stay here. How is
this affecting the business community? Where is the business community calling for these changes? Where
is their dissatisfaction with what's happening right now in 1999 with the City of Miami? I don't see it. We
didn't have anybody show up at those public hearings. Very few people showed up. So, what I'm saying, as
everyone has said here -- I hate to repeat it -- where -- what's the rush? What's is rush? Thank you.
Chairman Plummer: Tony.
Mr. Tony Rodriguez: Thank you, Commissioner. Tony Rodriguez, President, Miami FOP (Fraternal Order
of Police). For the sake of brevity and not being repetitive or redundant, let me just say that the Miami
Fraternal Order of Police supports and join in with the comments of my colleagues from the Fire and
AFSCME (American Federation of State, County and Municipal Employees) Union. However, I'd like to,
very briefly, focus my comments on another issue and of one that I have heard very little spoken about and,
of course, you, J.L., and, of course, Commissioner Sanchez and others have mentioned, "Well, we're going
to give this to the people and the voters and them decide," and that's a very noble response, I think.
Chairman Plummer: Of course, it is.
Mr. Rodriguez: But the fact is, gentlemen, let's talk a little bit about this.
Commissioner Teele: Mr. Rodriguez, let me say this. Mr. Chairman, we need to get a Sergeant at Arms.
Now, is that too big a task to do?
Chairman Plummer: Officer.
Commissioner Teele: No, no, no. Mr. Chairman, you know, this is the only legislative body that I've ever
been in that doesn't have a standing Sergeant at Arms and we -- you know, we've got all these police around
here, and that's not their job. We should have a Sergeant at Arms to deal with maintaining some degree of
decorum and appropriateness of the City. A Sergeant at Arms -- and this is typical Miami. Sergeant at
Arms is a legislative officer. It's not an executive officer, OK? The President doesn't have a Sergeant at
Arms. The House has a Sergeant at Arms. The Senate has a Sergeant at Arms. This Commission needs a
Sergeant at Arms. And I would also only say this...
Chairman Plummer: Is that a Charter change?
107 July 27, 1999
Commissioner Teele: ...we've got a very distinguished speaker here who's representing the Police, and I just
wanted to say, if nobody can hear what you're saying -- I mean,you know, that's a part of our problem, in
terms of how we're conducting ourselves. And, so, Mr. Chairman, I would only ask that you ask everybody
to have seat that's in here. Those that are not in here, ask them to leave. Those persons that are out in the
halls that are talking, ask them to find build -- offices. They can go to my office, your office. You've got the
biggest office in the building. Invite them to your office, but let's have some decorum in here.
Chairman Plummer: I, personally, invite all of the children who are out there from Overtown to come into
my office. I'll be glad to have them. Now, for the rest of you, either sit down or Teele's going to get a whip.
Tony, I think we've got it now where you can speak.
Mr. Rodriguez: Thank you. I'd like to very briefly address the issue that I haven't heard a lot spoken about,
and that's about our citizenry and our employees. And let's talk about the stability of this City. Gentlemen, I
need not tell any of you. Not too long ago, the condition of this City, financially and otherwise,
infrastructure, was in disarray. All of us, our citizenry and our employees, sacrificed a great deal so that,
today, we are experiencing growth. Today, our citizenry still suffer. They pay higher taxes than most any
other. We have fees and extra assessments. And, quite frankly, as you like to point out, to send this and just
let the voters decide, that, in and of itself, will cause more instability and it will cause more hardship on our
citizenry and clearly on our employees. I would submit to you that, if asked, our citizenry would say "We've
answered that question quite a bit. We have answered it enough. Let's move on." This form of
government, whether you want a change or not, quite frankly, it hasn't been given the opportunity to even
show if it's going to succeed. What we need to do right now is continue in the path of prosperity. Let's
continue to move this City forward. Let's continue to bring in recurring revenues. Let's reduce the taxes on
our citizens. Let's let our employees take a breath and rest and say, "OK, at least for a little while, I know
what's in the future" and, indeed, our future now is looking bright. Gentlemen, let's stop the chaos. Let's not
bring instability, financial instability, to this City and to our employees. Let's show some leadership. If you
want to change the government, fine. If you want to change it, fine. But don't change it now. All that's
going to do now is bring more instability to our citizenry and to our employees. So, I ask you to reconsider.
Thank you.
Chairman Plummer: Thank you, sir. Mary Hill.
Ms. Mary Hill: Hello. How you all doing again? I am Mary Hill. I live at 146 Northwest 67th Street, in
Miami, Florida. And I" want to bring to this Commission that I am not speaking for myself as founder, CEO
(Chief Executive Officer), and director -- national director of the Economic Opportunity Acts and
Amendments in the White House. I'm not speaking for myself when I come before this mike. I represent all
poor. My program the, program that we have on the books, represent all poor, regardless to race, creed or
color. Now, I think -- my belief, I believe, is that we do not need another form of government. What I do
know, we need an effective community action program put in place that's supposed to be here to work with
the City, the County and, the first of its kind, grassroots foundation and movement, which supposed to be
here by law; that's supposed to carry out the national responsibilities and directives to help, not only the
poor people, but the City, the County and the State, and back to the Federal level where I work from. OK.
So, I don't believe that putting it on the ballot with people who do not -- they lack of knowledge of small
prints of what's really supposed to be. They lack of knowledge to small print. And it's more like to me, it's
like controlling power that's taken out the poor people hand. By law, this is supposed to be here, your
Commissioners.
Chairman Plummer: Your time is up, Mary.
Ms. Hill: Thank you. And just remember the transfer sheet from the package for us to carry out our
108 July 27, 1999
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national responsibilities.
Chairman Plummer: Thank you.
Ms. Hill: Please, consider Founder...
Chairman Plummer: Sir...
Ms. Hill: ...and National Director, Mary Hill, to do this with the poor people.
Chairman Plummer: ...you're next.
Mr. Juan Vasquez: My name is Juan Vasquez. Juan "Nanito" Vasquez. I live in Miami. OK. You know,
the problem in Miami, the people — majority of the people of Miami one elect you. And all Commission
know that's in his district the majority want to change the Charter of the City of Miami for a Strong Mayor.
Mr. Warshaw, you are my friend. You was good Chief of Police Department, but these people want a new
election for Strong Mayor. Mr. Sanchez, I was living in your district. Now, I'm living in Regalado's district.
I know everybody in your district and you know that your people want election. Mr. Gort -- Commissioner
Gort, you know that your people want election. Teele, your people want election. Regalado, your people
want election. The majority of your district and you, too, my friend, you know, that's all that I want you...
Chairman Plummer: Sir, I don't know but we're going to find out.
Mr. Vasquez: Let me tell a thing, please. You receive a letter that my friend, personal friend, Mayor Alex
Pinelas, (unintelligible) that the old Commissioner is for my friend, is my district want a Strong Mayor for
City of Miami. Thank you very much.
Chairman Plummer: Sir, you're entitled to your opinion and you'll have that opportunity to speak loudly at
the vote. Your name and mailing address, sir.
Mr. Josh Morales: Josh Morales, 3165 Southwest 16th Terrace, Miami, Florida. It's this simple. Thank
God, I get along with all of you. I'm not here -- you know, I could -- right now it doesn't matter to me who's
Mayor, who's not Mayor. All I want is something to be straight. I want someone to be responsible. Why
are we in this position? The City had this problem. The City had this problem. And the buck goes from
one to the other and to the other and to the other and who's responsible? Everyone blames one another. It's
simple. We want to know who's responsible? We want to put one person in charge who will say, "this is
the person who's going to do it," whether or not I like that person or I don't like that person. That has
nothing to do with it. It's so much to be responsible. And the fact that several people stand up today and say
the citizens might not understand or they do not know, we're tired of this. That's why we want one person to
be in charge. We're not dumb. We know what we want for this City and we care for this City. Stop
insulting our intelligence. There's nothing wrong with taking a new vote and going to one person who's in
charge, no matter who that may be.
Chairman Plummer: We can never do better than Don Warshaw. You better believe that one.
Mr. Morales: I like Donald Warshaw. I think he's a great man.
Chairman Plummer: Yes, ma'am.
Ms. Elena Carpenter: Elena Carpenter, 3838 Irvington Avenue in Coconut Grove. I wanted to give you my
109 July 27, 1999
opinion and it's -- although it has to do with the Charter Review, it has to do with many other things in this
City. Commissioner Teele just brought up, basically, the need to listen to the speakers that come before you
when the President of FOP was standing before us. I'd like to know how many Commissioners listen to the
Fire Fighters Union, Mr. Pidermann? Three. Now, one thing that has always disturbed me is that, when it
comes time for the public to speak -- and I understand you all have your needs -- Commissioners get up and
they timely come back towards the end. Every voice of the public should be heard. We want you to listen.
And more often than not, here -- and I observe a lot of these meetings, as you all well know -- there's people
on the phone, there's people gone, and the people that are trying to speak to you feel that it's very important
that you vote your conscious, but the least you know what their conscious is. And I think, somehow, this
Commission should have some rules of order, whereas, if all of you have to go to the bathroom, perhaps you
take a break. Or, if all of you need to drink water or Cuban coffee, please go do it. But don't subject
members of the public that have taken hours to come here and talk to you, to stand here and watch one on
the phone, two gone. It's very disrespectful. So, yes, this is one of the most important issues before the City
in the last several years, and when the public spoke, thank God for that, most of the time, three of you were.
here. That's not enough. Thank you very much, gentlemen.
Chairman Plummer: Thank you. Yes, ma'am. Eleanor.
Ms. Eleanor Kluger: Eleanor Kluger, City of Miami. I wasn't going to speak today because I'm not really
versed on the Charter Amendments and I haven't read through it all, but I do know, as working through the
City now for the last three years, that we have chaos and we have a constant, constant struggle for power.
This should end and we thought we had it ended when we had a vote for Executive Mayor. Now, things are
beginning to turn around. And I listened to Mr. Gibbs here, who came and who had been at all of the
meetings, and he started out trying to do something good for the City, something that all of us really want
for the City, including the Commissioners, and what has turned into, what I consider, a soap opera. Never
seems to work or function. Somehow, we mess everything up. And the idea of changing things little by
little is what I have been talking about with the Community Development, with everything, so that it works
nicely, it works together. And I think that we were beginning to get on the road. We have a very good City
Manager and things are improving. And this is what I would like to see. I really think a vote right now is
going to do just like Alex Pinelas writing in his letter, cause us more trouble and more chaos. And I really
wish this Commission would not do this at this time. Let it play through the way it is and, then, let us come
to a final decision. And that's all I wanted to say.
Chairman Plummer: Thank you, ma'am. Anybody else? OK. Then, where are we, Mr. City Attorney?
Mr. Vilarello: I need the City Commission to consider three resolutions, directing the to provide these
questions -- in each of those resolutions, I need you to address several questions. The first one is, which
election date are you -- do you want these prepared for, the November 2nd or November 9th? The primary
or the general election?
Chairman Plummer: The 9th, that's what I just heard. The 9th.
Commissioner Sanchez: The 9th.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, one of the concerns that a lot of people have with the County transient tax
is, when you run from the voters, and people aren't foolish. Now, we have three districts elections that are
110 July 27, 1999
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up on the ninth -- on the...
Commissioner Regalado: On the second.
Chairman Plummer: Two.
Commissioner Teele: On the second.
Commissioner Sanchez: Second.
Commissioner Teele: Three. We have the obligation of paying for a ballot. It is more likely than not that,
on the ninth, you will have a turn out -- I mean, everyone knows that the turn out in run-offs is generally half
of that in primaries. And why create an issue -- I mean, you know, I'm not questioning anyone's motive
here, but why start to create issues? I think every time you start taking acute political step, you're dodging
into the basic resentment, the basic cynicalism -- cynicism that the public has. Now, I don't have any
difference from the second or the ninth, as it relates to those dates, other than the fact that the turn out on the
second would be twice that of the ninth, and if you want the people to speak, then, let the people speak. The
other issue, which I don't even want to get into, is the financial issue. I don't think that finance should be the
benchmark to guide a democratic process. It cost a dictatorship -- a totalitarian government is far less
extensive. You don't have to have the problem of elections, and campaigns are so much more efficient, and
you get to do it once in a lifetime in some countries. So, I really don't want to start to equate cost to
democracy because a democracy is inherently a more expensive but a much better form of government than
anything else. But the cost of running an election on the ninth is going to be twice that of running an
election on the second because we've already got to provide for those costs, as it relates to the various
primary elections that will be held. I -- if three members want to have it on the ninth, so be it, but will tell
you, I think you're basically dodging now into the kinds of things that -- the public is going to say, it cost
money. You don't want the vote. If you want the people to decide, then let the people decide. And why
schedule this on a -- in a run-off election when we all know, statistically, that the run-off turn out is 50
percent that or 50 percent less than the primary election. So, you know, I think you all ought to think this
through very carefully. Let's don't get too crafty. Let's don't get too cute on this. Let's let the voters decide.
They're going to be more voters deciding during a primary election than during a run-off election and,
therefore, I come down in favor of whatever we put on the ballot, we should put it on in the primary.
Commissioner Sanchez: Which is the cost factor? Mr. Manager, City Attorney, what's the cost factor?
Commissioner Teele: The Clerk would be...
Mr. Vilarello: The Clerk would be...
Mr. Walter Foeman (City Clerk): The cost factor normally to run three districts is roughly about
seventy-one thousand dollars ($71,000). And November 9th would depend on how many -- if, in fact, there
is a run-off and -- well, if there is a run-off, then it would be the extra districts that we would add on for the
Citywide or Special Charter Amendment issue, so...
Commissioner Teele: If I may respond. The cost, according to you, Mr. Clerk, is seventy thousand dollars
($70,000) for three districts?
Mr. Foeman: Seventy-one thousand roughly for three...
Commissioner Teele: For three districts?
111 July 27, 1999
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Mr. Foeman: That's right.
Commissioner Teele: This election will be for five districts, OK? Five, not three.
Mr. Foeman: Yeah. But what I'm saying...
Commissioner Teele: So, the incremental costs in the second -- from the second to the ninth is going to be
at least, at least the difference between -- I'm not that good at math, but if three into 70 is what?
Mr. Foeman: Well, we're looking at -- the extra two districts would be an additional fifty thousand dollars
($50,000).
Commissioner Teele: An additional fifty thousand dollars ($50,000)?
Mr. Foeman: Right.
Chairman Plummer: What is the problem with having it on the second?
Commissioner Teele: Nothing.
Commissioner Sanchez: Nothing.
Commissioner Regalado: No problem.
Commissioner Teele: But you don't want to have -- if you don't want the voters to vote on it, you go to the
ninth. And if you really want to be cute, go to the 11th. Do like the County's doing on the transit tax. You
know, nobody's just voting on a Thursday. How many people run and vote on Thursdays? You know. We
vote on Tuesdays all over American. But people want to play these kind of cynical games, and they're
ducking the voters. And we don't need to do that stuff.
Chairman Plummer: Do we agree on September the 2nd?
Commissioner Sanchez: So moved.
Commissioner Regalado: November the 2nd.
Commissioner Sanchez: November the 2nd.
Chairman Plummer: Excuse me. November the 2nd. OK. Next question.
Mr. Vilarello: With regard to Disposition of Property, unless the Commission tells me otherwise, it will
have an effective date 30 days after approval of the electorate. With regard to Strong Mayor, I need you to
address the following issues: If approved, will there bean election for Strong Mayor or will the powers just
inherit to the City Mayor?
Chairman Plummer: Huh?
Mr. Vilarello: In other words, if..
112 July 27, 1999
Vice Chairman Gort: No. Let's go back to dispose of the property. I want to make sure -- my
understanding is, in order to avoid the -- and to consider the trust of the electorates, my understanding is,
that we have to put in there the three -- not surveys. What do you call them? Three --there will be...
Mr. Vilarello: The three proposals?
Chairman Plummer: Three bids?
Vice Chairman Gort: No, no, no, no, not three bids. There would be three appraisals.
Chairman Plummer: No, two. Two appraisals.
Vice Chairman Gort: Two appraisals. And the highest appraisal would determine the minimum
requirement for the bid.
Mr. Vilarello: The specifics have changed...
Vice Chairman Gort: Am I correct? I think that -- I think we need to go into that.
Ms. Dena Bianchino (Assistant City Manager): Commissioner Gort, the way the system works right now,
which I think works well, is we're required to get two certified MAI (Members of Appraisers Institute)
appraisals, and we have the flexibility between the appraisals to put the property out at the lower amount, if
we think that the higher appraisal was somehow not done appropriately or we think the property isn't very
marketable. So, it does give us flexibility.
Chairman Plummer: Officer? Excuse me. Ask them to please be quiet outside and everybody inside to
please come in and have a seat. Thank you.
Ms. Bianchino: Sometimes we just know that, from phone calls and interests, that certain property isn't as
marketable as another one, and we use the lower bid, but that doesn't mean people can't bid higher, which
they do.
Vice Chairman Gort: No. I understand. But I want to make sure that it leaves the minimum standard,
what's set up by the appraisals, that they'll be done by independent...
Ms. Bianchino: Absolutely.
Vice Chairman Gort: OK. I want to make sure that goes in there, too.
Ms. Bianchino: Absolutely.
Chairman Plummer: OK. Next item.
Mr. Vilarello: With regard to Strong Mayor, my question is to the Commission, would you have that be
effective on a particular date? Would it be effective in the year 2000 -- November 2001? Would you call for
a special election between now and the year 2001, if approved by the voters? And if you call for an election
sooner than the election of November 2001, would this election be for the balance of the term through 2001
or would that be a four-year term through November of 2003?
Commissioner Teele: Well, let me -- I'm not comfortable at all with the discussion being to serve out a
113 July 27, 1999
remainder of a term. If you change the form of government, there is no term. Now, the question is the
effective date.
Mr. Vilarello: Yes.
Commissioner Teele: If the effective date is upon the ratification by the voters or some period...
Chairman Plummer: That's interesting.
Commissioner Teele: ...some period that provides for an election, then there is no term to fill out. In other
words, the effective date is what you're talking about. The effective date could be upon the date that the
voters vote or it could be some date in the future. For example, it could be at the end of the current Mayor's
tern or it could be a 180 days from the date of the election or any date that the framers of this have in mind.
I think, you know, the basic issue here -- and this is what we've talked about. And, J.L., you've lead this
discussion, something that I've not necessarily been support of. But the rationale that everyone has talked
about, when we talk about the Manager taking office or being fired or those kind of things and, that is, you
pointed out very accurately that when a corporate CEO (Chief Executive Officer) is changed, you don't
leave him in office for another year.
Chairman Plummer: That's absolutely correct.
Commissioner Teele: I mean, that's been your argument, consistently. And I think, you know, there is a lot
merit to that. I mean, the fact of the matter is, if you want to talk about an instability government, if, in fact,
the voters were to approve a Strong Mayor, the worst thing you could do, could be to leave the process in
place for some indefinite period of time. I would ask the Clerk, when is the next general election in the City
of Miami or when will there be an election mandated by law.
Mr. Foeman: Well, March 14th is the presidential preference primary of 2000.
Commissioner Teele: The presidential preference primary?
Mr. Foeman: Yes.
Commissioner Teele: On what date?
Mr. Foeman: March 14th.
Commissioner Teele: Well, I mean, I -- if the voters approve it in November -- I mean, I'll -- I'm willing to
gamble with the current Mayor or any other Mayor for six months. So, I mean, I don't have any problem. I
assume that nothing will come up missing if the voters were to approve that. So. I have no problem
supporting -- I don't think it should be effective immediately because I think it creates a legislative
quagmire. I would move that the effective date be...
Chairman Plummer: If that's a...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: No. I'm just trying to figure out, if what you're saying becomes effective immediately,
then the person in power sitting in the chair just assumes a different title.
114 July 27, 1999
Commissioner Teele: That is a very good interpretation, and I think that would be certainly an
interpretation that three members of this Commission could yield. I don't think there's anything -- I mean,
clearly, no one was voted into office that way. But the fact of the matter is -- and I'm reminded of my dear
colleague, Commissioner Mary Collins, who served with me on the County Commission very, very well, I
might add. But her concern was the change in the County Charter cut short her term of office and she felt
very strongly that she was elected for that term and she should have that right. The Attorney General's
opinions are very clear that there is no right. It's -- the ultimate right in the United States is the people, and
the people determine, not only the term of office, but the powers that go with that office. So, in essence,
Commissioner Plummer, I believe that we could, in fact, make the effective date on the date of the election.
I don't think that would be prudent, but I think it would be something that we could do.
Chairman Plummer: Effective date of..
Commissioner Teele: I would urge that you consider what the date that the Clerk has read into the record,
which is the date of the Presidential Primary, which means that there will be an election citywide, which
will cost the City how much?
Mr. Foeman: For the March Presidential Preference Primary?
Commissioner Teele: Yeah.
Mr. Foeman: Roughly, about thirty-five hundred. Five thousand dollars ($5,000) for the administrative
aspects and plus advertising.
Commissioner Teele: How much?
Mr. Foeman: Sixteen thousand dollars ($16,000), roughly.
Commissioner Teele: So, in effect -- but we don't pay any costs at the election?
Mr. Foeman: Well, we're piggybacking on an existing countywide issue, so we're paying the minimal costs.
Commissioner Teele: A minimal costs?
Mr. Foeman: Yes.
Commissioner Teele: But, otherwise, it would cost us a hundred thousand?
Mr. Foeman: As a stand alone, it would be roughly about a hundred thirty-three thousand?
Commissioner Teele: A hundred and thirty thousand?
Chairman Plummer: Can I say -- can I snake a suggestion?
Mr. Foeman: Roughly, a hundred and thirty-three plus.
Chairman Plummer: All we're talking about is a date. Leave it blank until Monday and we'll fill in the date
on Monday.
Commissioner Teele: That's fair.
115 July 27, 1999
Commissioner Sanchez: That's fine.
Chairman Plummer: Is that agreeable?
Commissioner Teele: But I think you're going to back into some other problems now.
Mr. Vilarello: I'm sorry. I didn't hear the last question.
Chairman Plummer: To leave -- the only thing we're talking about is a date.
Commissioner Teele: The effective date.
Chairman Plummer: To leave the date open until Monday.
Mr. Vilarello: No.
Chairman Plummer: And you can just fill in the date.
Mr. Vilarello: Well, I need you to give me direction today so I can prepare the question for you on Monday.
Commissioner Sanchez: It seems responsible to me that March 14th would be a good date because of the
money that the City is going to be saving and there's going to be an election and, on that date is when...
Chairman Plummer: All right. Explain to me, then. Are you talking about that, on March the 14th, there
will be an election?
Commissioner Sanchez: There is an election.
Chairman Plummer: But, I mean, that's what it would be -- then, when you do that...
Commissioner Sanchez: An election for Strong Mayor in the City of Miami if it is approved by the voters.
Commissioner Teele: Well, the answer to your question is, there's going to be an election on March 14th if
we do nothing or if we put it on the ballot.
Chairman Plummer: Regardless, there's going to be an election. I understand that.
Commissioner Teele: There's going to be a Presidential.
Chairman Plummer: I understand that.
Commissioner Sanchez: Yes.
Commissioner Teele: George W. Y'all get used to that. George W.
Chairman Plummer: Spoken by a true Republican.
Commissioner Teele: Well, Bill Bradley, Al Gore. A lot of options. But the fact of the matter is, there's
going to be an election.
116 July 27, 1999
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Chairman Plummer: Yeah.
Mr. Vilarello: That's fine with regard to March 14th. An additional question is, in the event that the
question is answered in the positive for Strong Mayor form of government and approved by the voters in
November, and an election is called for March of 2000, the person elected in that election, would they serve
through November of 2001 or would they serve through November of 2003. You currently have...
Commissioner Teele: Two thousand and one.
Mr. Vilarello: ...the Mayor serving staggered terms. So, there's three Commissioners running alone and the
Mayor and two Cormnissioners.
Commissioner Teele: I would move 2001.
Chairman Plummer: So, the term would be -- you're talking about the term being 18 months then?
Commissioner Teele: Whatever it is.
Mr. Vilarello: The initial term would be 18 months.
Commissioner Sanchez: I don't agree with you on that.
Mr. Vilarello: That's what Commissioner Teele just mentioned.
Commissioner Sanchez: I think, if he's elected in year 2000, you should have four years.
Chairman Plummer: How do you stagger the terms then?
Commissioner Teele: But now you -- and see, this is the point that the gentleman was making. What's the
gentleman from the Grove?
Chairman Plummer: Tucker Gibbs.
Commissioner Teele: Mr. Gibbs. This has to be considered not abstracted but in totality with the Charter.
The Charter right now has the three and three, OK. And there was a reason for that. By going to 2001, you
keep the three and three, OK?
Chairman Plummer: You go to 2000.
Commissioner Teele: Then you go -- if you go to 2000, then you go to four and two. So, why don't we just
keep the three and three?
Chairman Plummer: OK. What else do you need, Mr. City Attorney?
Mr. Vilarello: The effective date of the Auditor General. Currently, the budget does not include that office.
It won't -- the question won't even be considered until November. I assume, an effective date of October 1 st
of 2000 would allow for planning and budgeting of that office.
Chairman Plummer: Would that be made retroactive?
117 July 27, 1999
Mr. Vilarello: ...unless the Commission has something different in mind, I would provide an effective date
of October 1 st through the year 2000.
Chairman Plummer: Yeah, because you've got to budget the money for it.
Mr. Vilarello: That's right.
Commissioner Teele: Mr. Attorney, the same could be said true for anything, if it's going to be based on
physical dates. I mean, you could make the same argument now for the Mayor.
Mr. Vilarello: That's why I'm asking your direction.
Commissioner Teele: Yeah. Because I think it should be effective when it goes into power, when it is
approved or acted upon by the voters. The whole concept is under section -- under Division 13 of the
Internal Auditor. This position, as it is being described, in effect, is the current Internal Auditor position in
that department. So, in effect, the intent would be to have the legislation to move the budget and the staffing
for Internal Auditor into this position. OK. This is not to create a new level of government, but to change
the accountability of government. And I would be very disappointed if we're going to start talking about
budgeting new money for this position, other than the fact that it may require 20 or 30 or 40 thousand
dollars to have a person that is now on a equal status with the Manager, with the Attorney, with the Clerk,
and now and Independent Auditor General. But the whole concept is to take the function that is currently
provided by the Internal Auditor and that budget and make that the Independent Auditor, of course, with the
appointment of that person being subject to a different provision. I would like very much, Mr. Attorney, to
understand why do you say that the Commission -- I don't want the Commission to have the right to remove
the Independent, Internal Auditor except for cause, but I would like for the person to have an appointment of
four years or five years or three years or whatever this Commission would agree on. In other words, we
should try to create a position that is not subject to the whims of the Commission, but a Commission
appointment that has the power to be a truly independent auditor. The FBI (Federal Bureau of Investigation)
Director, for example, is appointed for a statutory terms. I don't remember what it is. Do you remember,
Chief Warshaw? Is it 10 years or eight years?
Mr. Donald H. Warshaw (City Manager): Ten years.
Commissioner Teele: Eight years?
Mr. Warshaw: Ten.
Commissioner Teele: Ten. See, most people don't realize that the FBI Director, while he reports to the
Attorney General, the Attorney General can't fire that person, except for cause. And that gives the FBI
Director or this particular position the ability to be able to say yes or no to the boss, as he recently did. And,
so, what I would ask, Mr. Attorney, if there be and opportunity for five Commissioners to consider this,
would be for the internal auditor or the auditor general be designated as and Independent Auditor General
with a fixed term of office of four years or five years or three years, but the Commission may remove him
for cause, and to provide the similar type of language that is currently in place for the fire chief and the
police chief as it relates to the Internal Auditor. So, what you have now is the Commission doesn't get to
play politics with the internal auditor. You're either going to have to give it some thought -- once that person
is appointed, that person, while it reports to the Commission, it is not subject to the fact that three of us don't
like the news that he gives us, so he's fired or she's fired.
118 July 27, 1999
Chairman Plummer: Well, why wouldn't you have the same terminology of the 18 months for the auditor to
take it to the year 201, and then let him go on a four-year term at the same time?
Commissioner Teele: I would agree.
Chairman Plummer: Makes sense.
Commissioner Teele: So, the term of office would be, initially, for 18 months, followed by four-year term
of office.
Chairman Plummer: Now, my next question, Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Pluminer: There is no provision for and internal audit or and Office of Internal Auditor. We go
to budget and approve a budget October the I st. How are we going to find the money for the provision of
that auditor general?
Commissioner Teele: Mr. Chairman, if you would?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Currently, under Division 13 of the City Code, Section 2-527 and 526, it's created
essentially the position that we're talking about, and the position that we're talking about is, in effect, an
Independent Auditor that will perform independent audit functions and, quite frankly, budget functions.
And, in effect, what you're talking about now is the same thing that you have with the GAO (Government
Accounting Office), the Government Accounting Office, is and independent office that is providing audits,
you know, this checking on the Strong Mayor or the Executive Mayor. Even if it doesn't pass, these two
things need to be in place now. That's what's missing now. But in addition to the function that is related
here, will provide independent budget, Mr. Attorney, will provide independent budget analysis, input,
advice, and consultation, along with the ability to analyze legislation and those other functions that are
associated with an accounting office function. This is very much akin to what is called in the United States
Government, the Comptroller General, which reports to the Congress. You refer to constantly as the GAO.
And most of the abuses of the two thousand dollar ($2,000) coffee cup come not from the Air Force. It
comes from the congressional GAO, Government Accounting Office, and that's the function that this
parallel.
Chairman Plummer: I'm asking the question now, which we had spoken about before. In this position,
would be that the person would be of budget and audit. Now, Mr. Gort tells me that they did not speak to a
person of budget, but only to audit, that would be answerable to the City Commission.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: And I'm asking the question. Did it come up and it was turned down or it did not come
up?
Vice Chairman Gort: That didn't come up, but there was no specific criteria to it, and that was the reason
why we had the workshop in here, because we can add whatever we want and delete whatever we want to it
or give it more duty or take off more duties.
119 July 27, 1999
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Chairman Plummer: OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I have said repeatedly. I'll continue to say it. The main function of a legislative body
is to provide a budget an appropriation. The weakness of this government, as it is right now, has less to do
with the audit function because, quite frankly, I think the City does and acceptable job in audit but the
problem is, there's no check and balance. The weakness is in budget -- and, so, the Independent Auditor
General function includes budget responsibility, as well as budget analysis, as well as legislative analysis, as
we have constantly proposed this. Now, the committee may not have wanted -- may not have thought about
giving it that, but I would amend it to include budget audit as well as a legislative analysis function. This
function should be charged with independently reviewing waste, fraud, and abuse in the City from any
source.
Chairman Plummer: All right. Now, if that is to be the case, then let's go back, if I may, just for one minute,
to the Strong Mayor. One of the provisions in the Charter Review Committee recommendation was that the
Mayor, the Strong Mayor, would prepare the budget for the City Commission. I thought that I had heard
from this Commission, time and time again, that the agenda for the Commission should be set by the
Commission.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes, sir.
Commissioner Teele: Respectfully, the Mayor should prepare the budget. He is the chief...
Chairman Plummer: No, sir. The agenda.
Commissioner Teele: The budget should be prepared by the Mayor.
Chairman Plummer: All right.
Commissioner Teele: The President on the third week of January will send a budget forward. The
Governor of Florida on the third or fourth week of January, the first week of February, will send a budget
forward. The Mayor of Dade County, as well as the Mayor for the City, should be doing the same thing.
The problem that we have, Mr. Manager -- Mr. Chairman, is, once the budget gets here, who's analyzing it
for us? Who's the budget -- who is the budget -- the Congressional Budget Officer is the equivalent. Who's
the person who's looking at the budget from a legislative point of view? And that's the function that this
office will do. It will provide us with an independent check and balance. In the Florida House and in the
Florida Senate, the budget officers review those budgets. There's a budget committee that reviews those
things and gets deeply involved in that. You know, all we can do, very candidly, is approve whatever is
given to us, other than, you know, what we work around the edges on.
Chairman Plummer: OK. Mr. City Attorney, what else do you have?
Mr. Vilarello: I need you to consider the next three -- the following three resolutions. We'll take them in
order. With regard to Disposition of City Property, I need you to consider a resolution directing the City
Attorney to prepare an amendment to the City Charter for a special municipality election to be held
120 July 27, 1999
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Tuesday, November 2, 1999, to consider the ballot question of the Disposition of City Property as described
by Commissioner Gort's committee.
Vice Chairman Gort: We can do that on Monday.
Chairman Plummer: Do that on Monday, according to Mr. Gort.
Mr. Vilarello: No. I need that...
Vice Chairman Gort: OK.
Mr. Vilarello: I need that resolution now.
Vice Chairman Gort: Move it.
Chairman Plummer: All right. Moved by Mr. Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Mr. Sanchez. Any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Mr. Teele, you...
Commissioner Teele: Mr. Chairman, I will vote yes for unity -- for the sake of unity. I'm very concerned --
I'll vote yes for the sake of unity.
Chairman Plummer: Well, repeat exactly what you're saying, so if there's any clarification. You're asking
this Commission presently...
Mr. Vilarello: To direct me to prepare the ballot question.
Commissioner Sanchez: As so long as it is simple as possible. Simple
Vice Chairman Gort: My understanding -- Mr. Chairman?
Commissioner Plummer: Mr. Gort.
Vice Chairman Gort: My understanding is, when this question comes in front of us and we look at it, we
have the right again to approve or disprove, am I correct?
Mr. Vilarello: That's correct.
Vice Chairman Gort: OK.
Chairman Plummer: In other words, you have a second bite at the apple is what you're saying. Of course.
All right. Mr. Regalado, do you wish to be registered to vote on that issue, the issue of instructing the City
Attorney to prepare the legal ballot for Monday?
121 July 27, 1999
Mr. Vilarello: For the Disposition of City Property.
Commissioner Regalado: Yes.
Chairman Plummer: OK. You're so registered. Next item.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask that that be the third item on the ballot. When you present it, make that
the third item.
Commissioner Regalado: I agree with that. That will be the third page.
Chairman Plummer: Well, then, it prompts the next question, what is one and two?
Commissioner Teele: Well, we'll get to them right now.
Chairman Plummer: Oh, we're going to get to them right now, All right.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-543
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO BE KNOWN AS CHARTER AMENDMENT NO. 3, FOR
CONSIDERATION AT A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, THEREBY PROPOSING
AMENDMENTS TO CHARTER SECTION 29-A(C), TO CHANGE
PROCEDURES PERTAINING TO PUBLIC PARTICIPATION AND
COMPETITIVE BIDDING DURING THE UNIFIED DEVELOPMENT
PROJECT ("UDP") PROCESS; AND SECTION 29-13, TO INCLUDE
COMMERCIAL MANAGEMENT AGREEMENTS WITHIN THE
AMBIT OF SAID SECTION AND AMEND PROVISIONS
CONTAINED THEREIN PERTAINING TO THE DISPOSITION OF
CITY -OWNED REAL PROPERTY.
122 July 27, 1999
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(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: The second resolution I'd like you to consider is a resolution directing the City Attorney to
prepare an amendment to the City Charter, the City of Miami, for an election to held in September -- I'm
sorry, in November 2nd of 1999; calling the question a Strong Mayor as identified in the Charter Review
Committee recommendation and as amended and modified by the discussions of the City Commission
today.
Chairman Plummer: All right. Is there a motion?
Commissioner Regalado: Move it.
Commissioner Plummer: Moved by Regalado. Is there a second? Is there a second?
Mr. Vilarello: Strong Mayor.
Chairman Plummer: Is there a second? The motion dies for the lack of a second. Next issue.
Commissioner Sanchez: What are you talking about?
Mr. Vilarello: Strong Mayor.
Chairman Plummer: I've asked three times. If you guys ain't listening, you know, talk what you want but...
Commissioner Sanchez: I was busy writing something.
Mr. Vilarello: This would be a resolution directing me to prepare the ballot question.
Commissioner Sanchez: It's a resolution.
Chairman Plummer: ...I asked three times for a second to the motion.
Commissioner Sanchez: You need to speak up a little bit.
123 July 27, 1999
Chairman Plummer: Excuse me? Well, why are you asleep?
Commissioner Sanchez: Because it's 4:30. No, 4:54.
Chairman Plummer: All right.
Commissioner Regalado: I moved it.
Chairman Plummer: You moved it, but I asked three times for somebody to second it. I haven't heard it yet.
Commissioner Sanchez: Second.
Chairman Plummer: Thank you. Do you understand what we're doing?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: OK. Now, Mr. City Attorney, you want us to call the roll on that?
Mr. Vilarello: Please.
Chairman Plummer: Call the roll.
Mr. Foeman: Roll call.
Commissioner Teele: What are the elements of this item?
Mr. Vilarello: Includes the elements identified by the Charter Review Committee's recommendations, as
well as an election to be called for if the ballot question is answered in the affirmative in November for
March 14th, the year 2000. The initial term shall be through November of 2001 and after that, shall serve
four-year terms with the limitations contained within the Charter Review Committee's recommendations.
Chairman Plummer: Call the roll.
124 July 27, 1999
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The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-544
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO BE KNOWN AS CHARTER AMENDMENT NO. 1, FOR
CONSIDERATION AT A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, THEREBY PROPOSING
AMENDMENTS TO ALL RELEVANT SECTIONS OF THE CITY
CHARTER, AS NECESSARY, TO EFFECTUATE THE
ESTABLISHMENT OF A STRONG MAYOR -COMMISSION FORM
OF GOVERNMENT, WHEREBY SAID MAYOR, UPON AND
SUBSEQUENT TO AN ELECTION TO BE HELD MARCH 14, 2000,
SHALL: BE VESTED WITH ALL THE POWERS,
RESPONSIBILITIES AND DUTIES PREVIOUSLY VESTED IN THE
OFFICE OF THE CITY MANAGER; SERVE AS THE CHIEF
EXECUTIVE OFFICER AND ADMINISTRATIVE HEAD OF THE
CITY OF MIAMI; BE RESPONSIBLE FOR THE PROPER
ADMINISTRATION AND CONDUCT OF THE EXECUTIVE WORK
AND AFFAIRS OF THE CITY; AND SHALL NOT SERVE MORE
THAN TWO (2) CONSECUTIVE FULL TERMS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Next issue.
Mr. Vilarello: Request you consider a resolution directing the City Attorney to prepare an amendment to
the City Charter for a special municipal election be held in November 2, 1999; to provide for an
Independent Auditor General; to include the recommendations of the Charter Review Committee, as well as
to provide for budget analysis responsibilities, to provide for initial term of 18 months, followed by
four-year terins, removal only by cause.
Commissioner Teele: So moved.
125 July 27, 1999
Chairman Plummer: Is there a -- moved by Teele. Seconded by...
Mr. Vilarello: And, of course...
Vice Chairman Gort: Second.
Chairman Plummer: Gort.
Mr. Vilarello: Of course, an Independent Auditor responding to the Commission.
Chairman Plummer: Now, is that it? Mr. Teele, you understood that?
Commissioner Teele: Yes, sir.
Commissioner Plummer: OK. Seconder understood it? Call the roll.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-545
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TO BE KNOWN AS CHARTER AMENDMENT NO. 2, FOR
CONSIDERATION AT A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, TO PROVIDE FOR THE
ESTABLISHMENT OF AN INDEPENDENT AUDITOR GENERAL
WHO SHALL REPORT DIRECTLY TO THE CITY COMMISSION
AND PROVIDE: INDEPENDENT OVERSIGHT OF AUDIT
FUNCTIONS, ACCOUNTING SYSTEMS, BUDGET AND
LEGISLATIVE ANALYSIS; FINANCIAL, EFFICIENCY AND
PERFORMANCE AUDITS OF CITY GOVERNMENT, OFFICIALS
AND INDEPENDENT AGENCIES; AND PERFORM SUCH OTHER
RELATED DUTIES AS MAY BE ASSIGNED BY THE CITY
COMMISSION OR ANY COMMISSIONER; FURTHER, PROVIDING
FOR REMOVAL FROM OFFICE, FOR CAUSE; AND PROVIDING
FOR TERM OF OFFICE.
126 July 27, 1999
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(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Now, Mr. City Attorney, I would strongly suggest, sir, that this item, which will be
taken up on Monday, be the first item on the agenda at 10 o'clock. Now, if you...
Mr. Vilarello: This is a continuation of the meeting so...
Chairman Plummer: I understand that.
Mr. Vilarello: It will be ready, if possible, by 10 o'clock Monday morning.
Chairman Plummer: Well, do you need more time?
Mr. Vilarello: I will let you know if I do.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Well, I'm trying to just make it where -- let's make it 11 o'clock, give you an extra
couple of hours. No. The reason I'm asking, that there are people that's going to be -- want to be here that
want to talk on the issue.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: It's 5 o'clock. We're not going to get anywhere near this agenda. We're going to a full
agenda on Monday because there's no way we can finish this agenda, the zoning and all that, so all of that's
going to go over to Monday.
Chairman Plummer: I understand, sir, but I'm only trying...
Commissioner Teele: So, I would recommend that we stay at 10 o'clock.
Chairman Plummer: I -- to start the meeting?
127 July 27, 1999
Commissioner Teele: To start the meeting.
Chairman Plummer: But I was asking for people who might want to speak to the issue a time certain.
Commissioner Teele: Ten thirty.
Chairman Plummer: Ten thirty? Ten Thirty agreed? Ten thirty it is. OK.
Commissioner Teele: Mr. Chairman, I would also ask that the City Attorney ensure that the ballot language
states, as it relate to the Independent Auditor General, that the -- provided also that the cost shall not -- that
the cost of the office shall not be in addition to the current budgeted for the Office of Internal Audit, OK?
Chairman Plummer: That would be included.
Commissioner Teele: I don't want somebody making a big issue. You know, they're going to add another
level of bureaucracy and all of that.
Chairman Plummer: OK. Does that take care of everything that we need to do on the Charter
Amendments? Are there any? Mr. Gort, as the Chairman of that committee, is there anything else that you
can think of that we need to address?
Vice Chairman Gort: I would like to follow the suggestions of some of the board members, that you
continue to have a committee continue to work on this and continue to (inaudible) different proposals come
up to the different years, because there's a lot of changes that need to be done. At the same time, I request of
the Commission, if there is -- there is another Commission and maybe they should all work as a team.
Chairman Plummer: All right. No one else has anything on Charter Review? We're now back to the
Regular Agenda, and we left off on Item Number 3.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: You said that the NET (Neighborhood Enhancement Team) Office would come in at
3 o'clock today.
Chairman Plummer: Wait a minute. I'm sorry. What?
Mr. Alejandro Vilarello (City Attorney): NET Presentation.
Chairman Plummer: All right. Mr. Teele, I didn't hear your request.
Commissioner Teele: No. I only reminded you that you set the order of the day at 2 o'clock being this item.
At 3 o'clock being the NET office.
Chairman Plummer: All right, sir. So, that, then, we'll do.
Commissioner Teele: The NET Office.
128 July 27, 1999
Chairman Plummer: Or do you want -- wish to take a break?
Commissioner Teele: I think we should take a three -minute break.
Chairman Plummer: A three -minute break?
Commissioner Teele: Five-minute break him.
Chairman Plummer: A five-minute break. All right, we'll take a five-minute break.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:59 P.M. AND
RECONVENED AT 5:05 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN GORT.
10. DEFER CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR
BRICKELL BAY VILLAGE APARTMENTS PROJECTAT 2101-2105 BRICKELL AVENUE'
TO ALLOW MULTIFAMILY HIGH RISE.
Chairman Plummer: Ladies and gentlemen, the recess is over. Let me ask my colleagues -- all right. Ladies
and gentlemen, what are we doing here? Is this the NET (Neighborhood Enhancement Team) Office? All
right. I've got to get a little assemblance of order here somewhere, all right. All right. Mr. Teele, Mr.
Regalado, the City Attorney has asked a basic question. Mr. Regalado -- the City Attorney is thinking, do
we want to take and eliminate...
Mr. Vilarello: You shouldn't be talking to him.
Chairman Plummer: I'm asking him on the record. What do you mean, I can't talk to him? Do you want or
continue over to Monday, the Planning and Zoning, is that the question?
Commissioner Teele: Mr. Chairman, I would urge that we take up the P and Z items -- the Planning and
Zoning items and defer administrative matters over. I think the Planning and Zoning necessarily involves a
large number of citizens.
Chairman Plummer: All right.
Commissioner Teele: And I would give them the preference.
Chairman Plummer: All right. This Commission is now back in session, and the first item to be taken up by
this Commission will be, in fact, the request of PZ-10, at both the applicant and the objector's request that
that matter be postponed indefinitely?
Ms. Dena Bianchino (Assistant City Manager): Yes, yes.
Chairman Plummer: Indefinitely. A motion by Teele. Seconded by Sanchez. We don't have a Clerk.
Josephine?
Commissioner Teele: We have a Clerk.
Chairman Plummer: All if favor say "aye."
129 July 27, 1999
The Commission (Collectively): Aye.
Chairman Plummer: All opposition? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-546
A MOTION TO POSTPONE INDEFINITELY CONSIDERATION OF
AGENDA PZ-10 (PROPOSED MAJOR USE SPECIAL PERMIT FOR
THE BRICKELL BAY VILLAGE APARTMENTS PROJECT AT
2101-2105 BRICKELL AVENUE TO ALLOW A MULTIFAMILY
HIGH RISE).
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
11. (A) DISCUSSION re,OVERTOWN'NET ,SERVICE CENTER;
(B) DECAL PARKING SYSTEM IN SPRING GARDEN;.".
(C) PHONES TO BE MANNED IDAYS=A WEEK FOR NET .SERVICE CENTERS.
Chairman Plummer: Ladies and gentlemen -- Chief of Police, sir, you are now responsible to make sure that
the rules of this Chamber are in order, that people are in their seats, they're quiet, and they govern
themselves in a courteous manner. Captain Longueira doesn't know how to do that, so I'm requesting the
Chief of Police to step in and take over. You're not to have any beepers and no cell phones in these
chambers. And if Bobby Mumford, who is the greatest PR in the world, would sit down with the gentleman
next to her, world famous -- all right, NET (Neighborhood Enhancement Team) Office, you're on.
Ms. Miranda Alburry: Good afternoon to the Mayor, honorable Commissioners, the honorable Arthur E.
Teele, the Commissioner for the district of Overtown. Who would have thought that Dana Albert Dorsy, a
black man who came to Miami in 1896, with the railroad, would become the community's first millionaire.
Who would have thought that the Lyric Theater, which opened in 1919, the town -- the Colored town's only
legitimate theater, built by Geeder Walker, would still stand today on Northwest 8th Street and 2nd Avenue.
Who would have thought that Greater Bethel AME Church, the Mount Zion Baptist Church, the St. Agnes
Episcopal Church would still be standing and have a stake in Overtown for one hundred plus years? Who
would have thought that a community like Overtown would produce individuals of this community, who's
character, commitment, fortitude, tenacity and humbleness is felt across the width and breadth of this city?
Overtown residents, past and present, who are the doers, the movers and shakers. Overtown residents, who
reached back and lift up their brothers and sisters. Who would have thought that Overtown would produce
130 July 27, 1999
individuals committed to the development of a community and the empowering of its citizens? Who?
Individuals, such as, the honorable Arthur E. Teele, Jr., Dr. Ralph Ross, Reverend John White, Father
Richard L. Berry, Father Leroy Lloyd, Dorothy Jenkins -Fields, Herbert Bigs, Lilian Slater, Clyde Killians,
Marjorie Carrie, Dana Dorsey Chapman, Rosie Greene, Berniece Sawyer, Lucielle Redding, Regina
Jackson, and Irby McKnight, only to name a small few. Overtown has gone through many changes over the
past century. It is the objective of the Overtown Neighborhood Enhancement Team, in partnership with the
community it serves, to provide efficient end effective government services, identify and develop programs
and projects that will enhance and strengthen the social and economic infrastructure of a community, able to
survive, despite the many changes it has seen over the past one hundred years. Who would have thought
that, in 1999, that only 15 black -owned businesses would be in Overtown; that the median income is nine
thousand nine hundred and fifty? Absentee ownership is at an all-time high and 74 percent of the children
in Overtown live with a single parent. The Overtown Neighborhood Enhancement Team has developed an
objective to implement programs that will certainly enhance city government and services. My partner,
Lieutenant Bobbie Meeks, will speak briefly about the crime and, then, our kids will have a short
presentation for you.
Lieutenant Bobbie Meeks: Good evening, distinguished Commissioners. I am Lieutenant Bobbie J. Meeks,
a 29-year veteran of the City of Miami Police Department. My tenor of service has been widespread
through several units, which was inclusive of Patrol, K-9, Narcotics and, most recently, Homicide. Before
becoming the NET Commander of the Overtown NET Service Center, where I have served for
approximately two and a half years. With the community -policing concept, we strive to develop a closer
relationship with the citizens of the community. This important task has been achieved with the assistance
of my Neighborhood Resource Officers, as they serve as the linkage between the Police Department and the
community. Officer Anthony Ford has been with the Community Policing Team and its concepts, since its
inception, in the Overtown area. Information is the life line of police work, and Officer Allen Davis possess
an uncanny ability to acquire, process, and interpret that much needed information from the citizens. Their
interaction with the neighborhood citizens transforms officers into proactive agents of social control. There
are many programs that they have developed, in which they will expound on to you. In community policing
and the NET concept, we work very closely and in partnership with community organizations. In efforts to
achieve the needed closeness, I have attended several meetings and have had speaking engagements related
to crime control, and have tried to be instrumental in assisting in neighborhood programs that are found to
beneficial to the youth. We, as officers, find many rewarding aspects of Community Policing. It is our aim
to purge the communities of all illegal activities, even though the neighborhoods are plagued with drug
activity and burglaries. It is most pleasing when we can see reduction in those areas, as well as in the areas
of prostitution, robberies, larcenists and, overall, cleanliness of the neighborhoods. It is challenging, such as
great as the rewards, for we still face the adversities and dangers that have always existed with being a
police officer. But, here again, we are using the community policing concept and its intent to bring the
community closer to the department to minimize the adversities and dangers. The overall results of the
enhanced intimacy with the Overtown neighborhood is that we are better able to diagnose, define, and
respond to the multiple needs of the community. This type of innovative program needs the support of the
community decision -makers that, with their support, the success operation of the community policing
concept shall survive. At this time, we will hear from Officer Ford and Officer Davis.
Officer Allen Davis: I'm Officer Davis. I'm the neighborhood Resource Officer. The kids that we brought
here today, they're an example of the policing -- the community policing that we're doing in Overtown.
They're a part of our youth program. Right now they're participating in our summer bowling league. We
also have a basketball team that we sponsor. The boxing gym is going to be opening up in Overtown. We
have a mentor program that goes on through the school year. And the whole concept about mentoring
program is that we're raising expectation in all of the kids in the area, not only do we expect them to do well,
the kids expect to do well. Overtown kids are not the Overtown that you've known in the past in the 80's.
131 July 27, 1999
Things are being done a different way. Kids are reacting in a different way. The partnership that City
Manager Warshaw started, you know, these are -- this is the fruits of it, and it will continue because of the
programs and because of the interaction that we have. You know, we eat lunch together. I'm invited to
homes. We can truly call a lot of people in the community friends. And, so, we're targeting our kids so,
their expectation will be higher. This was a good opportunity for them to come down here and see how the
process works. This is another -- this is a continuation of, you know, their learning experience. Well, we're
trying to expose them to a lot of things because they're going to be the voters. They're going to be -- I don't
know if you all will be around still, but they are -- these are going to be future voters and their expectations
-- they're going to expect a lot and they're going to expect a lot from you. I'll let Ford tell you about some of
the other programs that we have.
Officer Anthony Ford: Good afternoon. Good afternoon, distinguished members of the Commission,
residents of the Greater City of Miami. I'm Officer Anthony Ford. I'm the Neighborhood Resource Officer
for Overtown and Spring Gardens. You can say that I'm one of the grandfathers of the concept. As I stated
earlier, we not only serve Overtown, we serve Spring Gardens. Both areas are very diverse. So, our NET
team, in itself, have to wear two hats. Some of the things that we have implemented, aside from putting on
positive programs for our youth to continue the partnership with the residents, we've implemented programs
for the elderly. One of the programs are the grandparents raising grandchildren. We have a lot of
grandparents in our area that are raising a great number of their grandchildren. We decided to bring them
together once a month to establish a focus group and to exchange information. And we also bring in
positive speakers, as well as service providers, to provide resources to them and let them know what's
available to them. And this concept builds up their self-esteem. It relaxes them and make them feel that
they're greatly loved. Another program that we have in Overtown -- so, we can stay in touch with everyone
-- we have the Overtown Outreach Task Force. This task force consists of all the service providers. At one
time, some time ago, it was at a point where no one -- everyone was going in different directions, so we
decided to implement this concept so all the service providers can be on one accord and, as that has
happened, twice in the month, we go out and we provide outreach to the residents of the Overtown area, as
well as the Spring Gardens areas. We knock on the doors and we introduce ourselves and we let them know
who we are and, also, to let them know what are the services that are provided to them. Another reason why
we implemented this concept. Many times we find residents a little apprehensive as far as walking into
different agencies. They don't feel comfortable. So, we decided to take the outreach to them and we have
had great success. As a matter of fact, along the lines of catching criminals, we've -- through our outreach,
we've came upon a couple drug operations occurring in our presence and we've taken appropriate action.
So, outreach has been very effective, as far as embracing the residents a little closer and letting them know
that we care about them and we're one successful team. And, then, we have the Overtown Apartment
Association. In Overtown we have a great number of rental properties. And I know, when I first got on
board, I have taken a tour around the Overtown area and seen where a lot of the buildings was unsafe. A lot
of the rental properties was unsafe. Criminal activities was occurring. Badly conditions all the way around.
So, what we've done, we've put together organization entitled, Overtown Apartment Association and that
consists of the caring owners -- the caring rental owners, as well as their managers, and we decided that if
we collaborate and be on one accord, we can form one great big army to combat against a lot of the
crime -related problems that's going on in Overtown. And I'm here to tell you that we've had great success
with that concept. We still making baby -- taking baby steps, but, as we progress, things are happening, as
far as the Overtown Apartment Association. And those are just one, out of many, things that we have in
Overtown that's bringing, not only good partnership, but a successful marriage with all the residents in
Overtown. And we're living out that dream. I came on some time ago and it was just a theory about the
NET concept of bringing faster services to the residents, and I'm here to tell you that that is happening in
Overtown. We're bringing services to the residents. Now, I yield to the NET Administrator.
Ms. Miranda Alburry: City Commissioners and the community, as you hear from our residents that have
132 July 27, 1999
come here today, I'd just like to also say -- and I know we are pushed for time -- the Overtown NET staff is
certainly committed; they're dedicated, and I'd like for the Overtown staff, at least, to just kind of raise your
hands so the Commissioners can see you, who you are, our trainees, the inspector...
Commissioner Teele: Madam Administrator?
Ms. Alburry: Yes, Commissioner.
Commissioner Teele: Would you allow each one just to come up and give their name and what they do,
please?
Ms. Alburry: Sure. Yes, Commissioner Teele.
Commissioner Teele: Just, very quickly, your name and what your position is.
Ms. Gloria Dawson: My name is Gloria J. Dawson. I'm the Service Center Representative for the
Overtown NET Office.
Ms. Tina Pratt Frasier: Hello. My name is Tina Pratt Frazier. I'm temporarily loaned to Overtown NET
and I've been really enjoying Overtown NET. Thank you.
Ms. Tiffany Dellamae: Hello. My name is Tiffany Dellamae. I am currently a Code Enforcement Trainee
for the Overtown NET Center.
Ms. Carrie Grant: Hi. My name is Carrie Grant and I'm Code Enforcement Trainee and we get excellent
training in the Overtown area. Thank you.
Chairman Plummer: Where are we? We got one more.
Ms. Voncarol Kinchen: Good afternoon. My name is Voncarol Kinchen. I'm the Overtown Service Center,
Equipment Operator.
Ms. Alburry: And Vacente Rodriguez is the Code Enforcement Inspector had to leave. He had surgery two
weeks ago and he had to go to therapy. Carmelia Jones, one of our speakers.
Ms. Carmelia Jones: Right here.
Ms. Alburry: Oh, Carmelia.
Chairman Plummer: You have some people over on the other side, too.
Ms. Alburry: Yes.
Ms. Carmelia Jones: My name is Carmelia Jones. I'm a resident of Overtown and I work for Miami -Dade
Housing Agency Resident Development, in Region H. I have the opportunity of working with you.
Residing in Overtown since September of last year. The youth program began as a result of several things
occurring in September, after speaking with surrounding schools in the area, and spending time with the
children living in housing. It was determined that there were a need to provide some type of youth
initiative. Miami -Dade Housing Agency Development has the opportunity to join partnership with
non-violent projects, the City of Miami NET and Overtown Enrichment Center, and FIU (Florida
133 July 27, 1999
International University), beginning to identify solution to the problem. One of the major issues facing our
youth were that they did not have a save place to go. We started meeting with Rainbow Youth in September
of 1998. Today, we have approximately 75 youths participating throughout the school year. This is a
drastic improvement in attitudes, grades, and behavior. Our youths look forward to being part of the youth
program. We realize that providing a safe place for the youth, you are dealing with a problem and
beginning to resolve an issue in Overtown area, continuing to use the band -aid effect. The partners in the
Overtown pulled together and brought in various service to the youth. This is a great need for youth support
in service we have in the stretch in the surface. We are continuing to keeping in our youth out of jail and in
school. As a parent and an employee, I realize that it can be done through patience, love and teaching youth
never to give up. The incredible thing is that all our partners share the same passion toward the youth in
Overtown.
Ms. Quanika Whack: Good afternoon. My name is Quanika Whack. I am 12 years old and I attend the
Rainbow Youth Program since starting the youth group. I have had the opportunity to be involved with the
Nike's Girls basketball team to fellowship with other young ladies my age. The Nike basketball league was
a great experience for me because it taught our team the meaning of sportsmanship, commitment and
determination. At the end of the league, our team was undefeated. Ms. Lisa, Mr. Christopher, Ms.
Carmelia and Mr. Thaedius were there for us and made us become one. I love the youth group because it is
always something new to do and it also taught us how to look out for each other, even when we are at school
and other places. We are like one big family.
Ms. Ayesha Reed: Good evening. My name is Ayesha Reed. I am eight years old, and I attend the
Rainbow Youth Program. I enjoy coming to the program and being involved with other children my age
and older. Mr. Christopher Smith, Ms. Erica, Officer Davis, and Ms. Carmelia really care about us, and
they show us that we can accomplish anything we set our minds to do. Before the youth program, there was
really no place to go but now we have our own group and we watch out for each other. Plus, we go on field
trips, special events and have many activities. I love being part of the Rainbow Youth Group.
Mr. Francisco Gray: My name is Francisco Gray. I'm 11 years old. Good evening. I started attending the
Rainbow Youth Group September of last year. Since my enrollment in the youth group, I have had the
opportunity to work with other children, as well as caring adults, who really have made a difference in the
Overtown area. I enjoy attending the summer and after school program located in my community center.
This year, for the first time, I have had the opportunity to be part of our youth club. The process of our club
is to raise money for ourselves though (sic) various foundations, so that we can go on special trips, such as
Disney World, camping and other places. By being part of the youth group program, I have also had the
opportunity to be part of the bowling legal (sic) and go on fishing trips with the Overtown City of Miami
NET office. This has really made a difference in my life because, for the first time, I feel as though I belong
to something and I really can make a change and difference in my community. I want to thank the Violence
Project, Miami -Dade Police Department, NET, Miami -Dade Housing Agency Resident Development, and
Rainbow Resident Council has really worked hard with the children at Rainbow, and the kids really enjoy
coming to the program.
Ms. Helen Whack: Good afternoon, Mr. Commissioners. My name is Ms. Whack. I am president of the
Overtown Alternative Council. Also, I'm president of Rainbow Village Resident Association here. The
children that you see today here are housed at Rainbow Village. By working with the Miami City Police
Department NET Office, other interaction agency, we have done a great job working together with the youth
in Rainbow Village and the residents. They are really -- the Miami Police Department really has made a
difference in the Overtown. When you're in that area, we're asking you to drive through 20th Street, 3rd
Avenue. There really has been a change. Thank you very much.
134 July 27, 1999
Ms. Alburry: Ms. Rosa Green.
Ms. Rosa Green: I yield for Ms. Higgs to go first.
Ms. Andrea Higgs: Good afternoon. My name is Andrea Higgs. I'm Community Relations Coordinator for
the Miami Heat. I was invited here to speak by Miranda Alburry on behalf of the relationship that the
Miami Heat has with the Overtown NET. The relationship has proven to be very rewarding for, not only the
Miami Heat, but also the kids that are involved. Since the inception of the relationship, the Miami Heat has
donated well over 10,000 tickets to the kids of the Overtown and the inner areas. We've adopted Booker T.
Washington as a school. Basically, we have also committed books allocations and money to the library in
the Overtown area. Through the Overtown NET and the Miami Heat and various corporate sponsors, we
were able to have our Thanksgiving turkey give -a -way, which has, basically, every year we've allowed
ourselves to give well over five to six hundred families turkeys, with all the trimmings. And not only that,
we also have the Miami Heat there with Coach Riley and the families. Also, the Miami Heat has also -- has
been able to donate sneakers from our players to kids that are at risk and maybe kids that -- parents were not
able to buy them sneakers. We have police officers coming saying that there's a need. And, also, we have
also been able to donate toys to the Overtown community. The Miami Heat now is in a partnership with of
OWD to be sure and to make sure that there's jobs available for the Overtown community with the
American Airlines Arena. We've also come into a partnership with People's Barbecue. Basically, the
owners have catered food to our players throughout -- within the last two years. Now, we have come into a
partnership with People's Barbecue to also bring that entity into the American Airlines Arena. We've
worked well with the Overtown NET, the Culmer Center, and it's just been a great marriage and we look
forward to many more years as far as the relationship, and God bless you. Thank you.
Ms. Rosa Green: Good evening. My name is Rosa Green, 415 Northwest 6th Street, resident of Overtown.
I am very ecstatic to hear all the good things that are happening with some of the children of Overtown.
However, after sunshine comes the rain, and I have to be realistic. I have to tell you some of the things that
most of those people that you heard may be too modest to tell you. Something in Overtown is broken. It
needs fixing. and I'm not -- I'm glad that the NET staff is here. However, I've spoken to Chief Martinez. I've
spoken to Ms. Alburry. Because one thing I know, when things aren't going right, there is a "why." Why
aren't they going right? And I think I have some of the answers. I must say, I could never criticize -- I am
not bashing because when police get up in the morning and put on their uniform, I have nothing but
accolades for them because they're going to serve and protect you and I. However, I went down several
times to the NET office and I was kind of upset with them. I didn't want to come down and talk to the
Commissioners until I spoke with the Administrator. She said, Ms. Green -- and I hope this doesn't get her
in trouble, because kept asking her why? Why is this and why is that? We're short of help here. Why are
the streets so dirty? Why are the lots so overgrown? Why all these homes -- houses with no windows, crack
heads, prostitutes are going in? All in Overtown. Why does it take so long for something to be effective in
Overtown? Why? Why has it taken so long. Why has it taken so long for the Lyric Theater to be open?
And it's still not really open. I'm sure there are thousands of dollars that still needed to complete it. One
restroom. They tell me it houses three hundred people or six hundred people. One men -- one stall for men,
one for women. That's not efficient. Why does it take so long for you to clean our lots? Why does it take
so long to clean the streets? Why, when you come off the 8th Street exit to go to multi -million dollar arena,
nothing but a forest there? Why don't we have some beautiful palm trees? Why do 14th Street and 3rd
Avenue look like a cemetery? Those annuals are not the things to be on that street. Why, under 395 on the
central, mid -work district in Miami, looks like a dungeon? Why? Million of dollars are coming in here to
Miami for the poor people. I'd like to get up here and have something good to say. I must say, some of the
lots are being cleaned, but before you know it, they're grown again. You just can't do it one time. And,
Commissioners, we have a building on 8th Street and 4th Avenue, that I have repeatedly spoken to Ms.
Alburry, and she told me that she wrote the owner of the building, the People's Barbecue, the old building.
135 July 27, 1999
They painted it blood red with a sign that says "drugs," and several men, who I'm sure who has retired from
working, sit there all day long. Now, that...
Chairman Plummer: Mrs. Green?
Ms. Green: Yes, sir.
Chairman Plummer: How much time are you going to need?
Ms. Green: About two or three more minutes, sir.
Chairman Plummer: Thank you.
Ms. Green: Because I want some answers, and I hope you, especially all of you as Commissioners, all due
respect to all of you, but I feel that you run the City and we elect you, and if you all don't do something, I'm
sure those people down there can't do anything. Now, I don't know the situation. I don't know who's
accountable, and I love what that young man said when he got up and said we need to know who's
accountable. When I go to the NET office and says, "it ain't my fault. It's not my fault." When I come here,
"it's not my fault." Whose fault is it? We pay -- we have to pay taxes and I plan to live in Overtown. So,
somebody has to tell you guys -- have to tell you, what's going on? Now, if you rode out there and saw that
building, I can't see why y'all can't change the color. The last thing we need in Overtown is a red building
with drugs on the top of it. So, I'm not -- I mean, I get really emotional to know 25 years of CDBG funds
and anybody in here, I would challenge you, to just ride over there and then you'll know what I'm talking
about. Children playing in the street. I've spoken to Mr. Ruder. I've spoken to Terry about that old tore up
pavilion on Reeves Park. They keep telling me that "we're going to do it. We're trying to get somebody to
do it." But they don't do it. And I don't know how much longer God going to let me live, but I'm speaking
because I have great grandchildren and grandchildren and children in that area and for these children, and
we need leaders and we need leaders that's going to be efficient, that's going to be literate, and know how to
read, and before these kids can get 10 years old, they want to stand on the corner and sell drugs. Why?
Because that's what we call survival. That's how they survive. So, please, Commissioners, please,
Overtown NET, don't think that I'm bashing anybody because they are very nice, respectful people. They do
know how to meet the public, if nothing else, but they can't do -- and, then, she also told me -- let me just
say this and I'm gone, Mr. Plummer. I know you're tired of me. Most people are. Somebody have to tell it.
Chairman Plummer: Ma'am, it's just been a long day.
Ms. Green: Let me just tell you this right here. She told me that she had -- she said, "Ms. Green, our
computer system is so slow that I have to leave here to go somewhere else to produce the copies." Now, we
know technology don't move back. It moves forward. And if you're expecting her or whomever is
expecting her to produce, then, you have to give them the equipment to work with. I went in there the other
day. The chair was falling apart. And I really, you know, jokingly said, y'all need to have a fund raiser to
get some chairs in here. So, please, Commissioners, just take a little look. Just take a little ride and say, we
will -- instead of overcome, we will do something for Overtown residents. And let me say, in closing, the
real measure of a man is not where he stands, in comfort and convenience, but where he stands in challenge
and controversy. The words of Dr. Martin Luther King. I thank you.
Chairman Plummer: Thank you, ma'am. (applause). All right, sir.
Mr. Ernie Martin: I'm Ernie Martin, President of the Spring Gardens Civic Association, which is that
western portion of the Overtown NET Service area that's west of 7th Avenue and below 836. Our
136 July 27, 1999
neighborhoods grew up together. We have a historic Overtown community and a historic Spring Gardens
neighborhood, which has now been designated by the City. And for the 80 years that we've lived side by
side, we've had difficult times because of our pattern of segregation in Miami in dealing with each other,
and the NET office, in the last five years, has brought us together in ways that the previous 75 had not
permitted. Our NET office is regularly with us. They joined us in getting organized with our
neighborhoods in Overtown. First, against things. Against the Metro -Rail that was proposed to go through
our living rooms and against the jail that the county was proposing in our neighborhood. And we have since
joined together on areas of commonality, which emphasize what we have in common, rather than our
differences, to do --to plan for projects. We've worked with the Overtown Advisory Board now. We're
working with the Community Redevelopment Agency, and we have a Crime Watch program that Lieutenant
Meek and Officer Ford and Officer Davis helped us organize, that has us now with the lowest crime rate in
the City of Miami. So, we're pleased to be part of Overtown. And I do want to mention one issue, and I'm
not asking for your action today, but I want your assistance as we resolve this problem. We've been
disenfranchised from Overtown and, as you can tell, we don't want to be thrown out of Overtown. The
County has determined that, through its Empowerment Zone, assembly areas, that we're no longer part of
Overtown, and they've asked us to exclude ourselves. We want to be part of that Overtown neighborhood
assembly, participating with our neighbors, as we have been for the last five years, and not be put into
another neighborhood assembly as it has been, not only proposed, but our candidates have been rejected for
office in that area. So, we would like your help on that in the next week. Thank you.
Chairman Plummer: Thank you, sir. Irby, you have a brief..
Commissioner Teele: Mr. Chairman, before you leave.
Chairman Plummer: Mr. Teele.
Commissioner Teele: And I want to compliment, again, Mr. Martin, Ernie Martin, who's no stranger, has
personally served for many years as the director of Dade County's Community Development. He oversaw
all of the Community Development funds. It's been a tremendous resource working with the Dade
Foundation and other things. But I think, you know, what you're saying and what Mrs. Green are saying are
part of what it is we've tried to do with these NET meetings. One of the things that the Commission needs
to hear, in addition to the good things -- and we never hear enough good things because all we hear are the
bad things. But what we need are also the action items that are important, and you've just touched upon an
issue, which, quite frankly, I was not that aware of. I knew that there was an issue where someone was
running for the Overtown Empowerment Zone and they told him he couldn't run or whatever, and that's
something Community Development. Would you touch upon the issue that a number of the members of
your association have talked to me about, about creating a parking zone or something? Because this is the
time to put that on the table. Because what is happening is that everybody from the Jackson Hospital now is
moving -- are driving their cars three and four blocks north because they're -- see, they're collecting their
money over there. You know, if you park there at Jackson, you have to pay. So, what they're doing is,
they're coming and now parking on the city streets of Miami, free of charge, and that's sort of all right, I
guess. But it's not all right for people to have 40 cars parked up in front of their houses. So, everybody
who's living in Spring Gardens now is getting all of the people who want to avoid paying the parking fees
over at Jackson. They're doing that. Isn't there something that you all wanted us to do, to see if we could
with Public Works and the NET Office to deal with that issue?
Mr. Martin: Exactly. And thank you for bringing that up, Commissioner. It's absolutely right, that the
people trying to avoid parking fees at Jackson Hospital, employees of the State Attorney's Office, the Metro
Justice Building, park in Spring Garden. And Officer Ford and I have actually interviewed them, sometimes
without their will, as to where they work. We're finding people are walking as far as four or five blocks to
137 July 27, 1999
avoid parking at an expense, and what they do is clog historic neighborhood street, so it no longer looks like
it's a quiet, small town, which is something that Spring Gardens has always prided itself on. We tried
working through the system to get "no parking" signs at certain times, but that caused problems because
some residents do not have driveways or an access to a garage. They want to park their own cars on the
street, and their immediate guests. So, that didn't turn out to be the solution. We've done some research and
we found that the City of Miami Beach -- City of South Miami have resident decals that the City charges
for, pays -- the program pays its on way, so that parking is limited to residents and their guests and people
providing services. We've got their information on other cities that have solved this problem this way and
we're anxious to ask you to take an action on it in September.
Commissioner Teele: Mr. Director -- Mr. Attorney, Mr. Director, Mr. Manager, I would be pleased if the
Manager would prepare the appropriate legislation to create a decal area in the Spring Garden area, but I
also think there's a lesson here. We need to think more entrepreneurial. We've got a lot of vacant lots in this
area. And I think we ought to go out for a bid and license somebody to set up some parking lots, if the
zoning permits it, not in Spring Garden, but there are a lot of areas there where there's just overgrown lots
and that the City owns. And what we ought to be thinking about, if there is this tremendous market for
parking, then we ought to go ahead and accommodate them and, at least, try to figure out how to make the
money. But that's just food for thought. The important thing is that they need a decal system and we need
to go ahead and do it. It's my understanding right now that we don't have decal systems in the City of
Miami, but we do have them in Coral Gables and Miami Beach. J.L., do you all have any decals in the
Grove?
Chairman Plummer: No, sir.
Commissioner Teele: Well, it's something that I think we ought to look at, see...
Chairman Plummer: Excuse me. We have decals issued by Off -Street Parking on Dixie Highway, on the
north side of the highway, between 22nd Avenue and 27th Avenue. They do have a decal and it is a decal
parking area. And if you're there without a decal, welcome to some additional taxation.
Commissioner Teele: And I also think the same thing...
Chairman Plummer: Somewhere else?
Commissioner Teele: ...is going to wind up happening in Commissioner Gorfs district on the north side of
the river because these people are looking for free parking all over the place.
Chairman Plummer: No free lunches.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: One of the things that's recommended by the CDBG is to talk to the Off -Street
Parking, to make sure that we could provide parking facilities in those neighborhoods. So, I think that's
something that we can sort of try to address immediately.
Chairman Plummer: OK. Mr. Irby McKnight.
Mr. Irby McKnight: Irby McKnight.
138 July 27, 1999
Chairman Plummer: With a very brief statement.
Mr. McKnight: Thank you. Sixteen hundred Northwest 3rd Avenue. Our NET Office is locally referred to
as the police station. It doesn't matter that NET is an acronym meaning Neighbor Enhancement Team. It is
referred to -- recognized as the police station. And that is because it's located in a little hole in a wall inside
the shopping center that ought to be used for something commercial to attract business to the area. At the
last week charade in Overtown, neighborhood residents and planners came together and thought that the
NET Office should be relocated to 14th Street and P Avenue, where it's visible. It should be in a building
that could accommodate what it needs and, above all, it needs a staff. If you call the NET office now, they
all are here. I guess the phone is on automatic. So, the residents behind, they don't have anybody to get
service from. And if Ms. Alburry is not there, they still don't get any service. So, we need a staff. A staff
that, number one, understands the condition of the neighborhood. Number two, know the people of the
neighborhood. When I say know the people of the neighborhood, that is, if you are afraid of blood, then you
should not become a lab technician. It's just that simple. If you don't like height, don't be a pilot. So, if you
don't want to work with people who have a large need for social service, don't be a social worker. So, don't
hire people in Overtown who look down their noises at us. Because I read just as well as they can.
Probably better. And I'll memorize it a lot faster. So, I will resent that. But Ms. Alburry is just one person
and, without a staff, we who are volunteering in the community to do things, it really doesn't matter how
well we can perform the job. If we have to have back-up from our NET office to do that, Ms. Alburry does
not have the staff to do that with. They have the desire and the ability. It's just not enough of them. Thank
you.
Chairman Plummer: Thank you. Manny, do we have any, at all, NET offices open on Saturday or Sunday?
Mr. Diaz: Presently, no, sir.
Chairman Plummer: None whatsoever.
Mr. Diaz: No, sir.
Chairman Plummer: So, crime stops and problems stop and -- you know, I think, as I've suggested here once
before and I'm going to suggest again, there ought to be a diversion of phones to one place where, if people
call the NET office -- like the other day, the tree limb out in the middle of the street. They couldn't find
anybody. And the Police Department says, "not my job," OK. Call a wrecker service. You know, I think
that there ought to be some way that the community, for 48 hours, has the ability to call their NET office,
that phone on diversion over to one individual who can handle the problems. Because right now, I want to
tell you, crime does not stop on Saturday and Sunday. Problems don't stop on Saturday and Sunday. And I
think that what Irby was saying, he was speaking to five days of the week. It's worse on the weekend.
Mr. Raul Martinez (Assistant City Manager): Mr. Chairman, if I may.
Chairman Plummer: Yes, sir.
Mr. Martinez: Police officers do use the NET offices quite a bit on the weekends, even if..
Chairman Plummer: They don't answer the phone normally.
Mr. Martinez: You're right. We are hiring 26 customer service aids through the grant that the Police
Department got, and part of the rationale, once those employees come on board, is to either open the offices
139 July 27, 1999
later hours or to open them one -- during the weekends, once we get the two code enforcement agents --
customer service aides.
Chairman Plummer: Raul, I don't have to draw you any pictures. It's amazing what some things that can
happen in this community from Friday afternoon at 5 o'clock until Monday morning at seven. I have seen...
Vice Chairman Gort: They can build an apartment building.
Chairman Plummer: ...building erected over night. It is amazing what they can build, when those trucks
pull in on a Friday afternoon at five and, you know what? No inspectors, nobody's out there.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to -- I mean, I respect what you're saying. I would like to stay with this
item because, see, in a minute, you're going to say we've got to move on. And, see, we spend a lot...
Chairman Plummer: No, I'm going to say it now, not in a minute.
Commissioner Teele: Well, the item of the day is the Overtown NET Office, and I think it's really
important, as I give respect to the Coconut Grove NET office when they're here and we focus on their
issues, that we focus on the Overtown issues, just for a few minutes. This process is helpful in a way and
I'm not, at all, offended by what Ms. Green or Mr. McKnight have said or what Lieutenant Meeks or what
the NET Administrator is saying, but I think what's very helpful is that we begin -- we spend just a few
minutes every year on where the rubber really meets the road. There are 13 NET offices and each NET
office is different and each one has its unique problems. Mr. Chairman, I want to just make two or three
basic comments about the Overtown problem that Ms. Green has so eloquently discussed, and it's not
something that this NET office or this NET director is directly responsible for. It took 40 years for
Overtown to get where it is and I think we're making process. I want to be positive in that regard. But to the
point that Commissioner Plummer is making, to the point that Mr. McKnight made, I must say that I'm very
disappointed, Chief Martinez, with you and the management as it relates to the Overtown NET and the
Little Haiti NET, in this regard. Nobody should have to beg for basic equipment. I'm a soldier. I came out
of the military. A Private coming in, he gets a pillow, he gets two sheets, you know, he gets a helmet. I
mean, you know, whether you're rich, whether your dad is a U.S. Senator or whether your dad was an
ambassador or whether your daddy was a street sweeper, everybody gets the same thing. Every NET office
ought to get a basic supply of equipment from computers to chairs. Little Haiti NET office got donations
from a corporate citizen for their office equipment. I mean, it was a big joke. We all laughed about it, but I
was really hurt and embarrassed. Now, the Overtown NET office needs chairs and equipment and that kind
of stuff. Nobody in the Metro -Dade -- in the Metro -- City of Miami headquarters building or, for that
matter, in these offices should get equipment ahead of the NET offices. Somewhere along the line, we've
got to say, "these are the people where the rubber meets the road." They're out there on the front line. And I
don't know if the head of ITD (Information Technology Department) has a new computer. Then, take his
computer and give it to the NET office. I guarantee you, he'll get a new one because he's responsible for
computers. The point is this, I think we need to have, at the budget hearing process, a total report on the
NET office. J.L's. always talking about it. He's talked about it two times, about what the NET office ought
to do. We need some rationalization of manpower and strength, not based upon who's politically connected
or who's the favorite Commissioner or the favorite aide of what Commissioner or Mayor or whatever. We
need to have something as it relates to the taxpayers and citizens of this community, as it relates to staffing.
In other words, I've seen NET offices come here with three Building and Zoning inspectors and three Solid
140 July 27, 1999
Waste inspectors. How many Building and Zoning inspectors do you all have in Overtown?
Mr. Diaz: There's two inspectors.
Commissioner Teele: How many Building and Zoning inspectors do you have in Overtown?
Mr. Diaz: There's none. It's two Code Enforcement inspectors, sir,
Commissioner Teele: Two code enforcement. How many Solid Waste?
Mr. Diaz: There's none, sir.
Commissioner Teele: And everybody talks about it. J.L. gives speech after speech about how he's rode by
and saw some building with garbage all over it. I mean, we keep talking about it. Ms. Green is right. But
where are the resources to solve the problem? And I don't think the public should have to beg for this. And
I'm going to, respectfully, ask that we look at a population -- statistical population of the 13 NET offices and
look at resource allocation based upon population of those offices, OK.
Mr. Martinez: Commissioner...
Commissioner Teele: I'm not saying that population should be the only criteria, but I think that should be a
starting criteria. In other words, if Model Cities has forty thousand people and Overtown has eleven
thousand people, I don't expect the Overtown office and the Model City offices to have the same level of
resources. I mean, I'm not being unreasonable. But I don't think that they shouldn't have a basic code
enforcement person or whatever the issue is that we're dealing with. The second issue Commissioner
Plummer raised, that I fully agree with, the biggest problem that we have in government, all government, is
what the taxpayers call the mindset of the bureaucrat. Life does not begin, ladies and gentlemen, at 9
o'clock or 8 o'clock on Monday morning, and end at 5 o'clock on Friday afternoon. That's not the life in the
real world. We need our NET offices to be -- you know, as far as I'm concerned, you could open the NET
offices at noon or 10 o'clock, 11 o'clock. But people work every day. The taxpayers work every day,
especially in a community like Overtown. Those offices have to be open until 7 o'clock, 8 o'clock, to be able
to allow people to come in and, certainly, a half a day on Saturday. So, I think all you've got to do is -- you
don't have to have more people. Let's just change the office hours. Do some stacking shifts. I mean, this
isn't about adding more people. This is about better managing the people. And, finally, I've got to tell you
this. The City of Miami, Metro -Dade County and the Florida Department of Transportation are the largest
perpetrators of the tremendous dereliction of property in Overtown. Government, not landowners. You all
are out there giving people citations because buildings need to be painted and boarded up. I'm going to give
you something that maybe, under the Charter, I shouldn't, but I'm going to do it anyway. On 3rd Avenue,
between 20th Street and 17th Street, is a small complex. Go out there and arrest whoever owns that
complex and hall them in until they clean that thing up. It looks like a migrant camp before the CBS
(Columbia Broadcasting System) special Harvest of Shame. It looks like a migrant camp of the 60's, and
nobody has given anybody a ticket, nobody has talked to anybody, OK? You've got over 50 buildings up
there that need painted, need boarding up, and everybody's running around jumping on somebody over here
or somebody over there that has a small building. Have you all given any citations over there?
Ms. Alburry: Commissioner, I believe that we have. And, at that particular building that is set up for code
enforcement, I will follow up tomorrow and let you...
Commissioner Teele: No, no, no, no. Do you know what building I'm talking about?
141 July 27, 1999
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Ms. Alburry: On 3rd Avenue and 20th Street, the...
Commissioner Teele: Between 20th and 17th?
Ms. Alburry: Yes, I know the buildings you're talking about.
Commissioner Teele: Who owns them?
Mr. Alburry: They're owned by Mr. -- one of them by Mr. Ukin...
Commissioner Teele: No, ma'am. Everything over there is owned by Metro -Dade County.
Ms. Alburry: The County building.
Commissioner Teele: Metro -Dade County.
Ms. Alburry: I stand...
Commissioner Teele: And what I want to do, I want you to get some -- a photographer to go out there
tomorrow and make pictures of that mess so that the Commissioners can see what we're talking about. It is
a harvest of shame. It's a disgrace. And the things that are under 95 that they are complaining about, this is
the State of Florida. This is a Florida DOT (Department of Transportation). Has anybody said, we ought to
arrest the Governor or his Secretary of Transportation? If it were me, if it were somebody out here, you'd be
out there trying to haul them into court. We have to have one standard of government. And Metro -Dade
County, which thank -- I appreciate the advice they're giving us today. But the fact of the matter is, they are
the single biggest slumlord right now in Overtown and nobody's doing a thing about it. And the State of
Florida has the largest strip of dereliction and disavowed property in Overtown. That's the areas underneath
the underpasses. And, so, what I'm saying here, Mr. Manager, is, I don't expect the NET Administrator to
do that. I don't expect her to go out and arrest Alex Pinellas on her own. Give her some support to be able
to solve that problem at a higher level. Obviously, that's something that's going to have to go up to Chief
Warshaw. But I think, you know, you all are always talking about doing these walk-throughs. Go walk
through. And you know what's really embarrassing? What's really embarrassing is the fact, Chief -- Chief
Warshaw, in a couple of weeks, the United Way has designated Overtown -- and this is the good kind of
stuff that needs to come out here, Miranda -- that the United Way has selected Overtown for its project, and
there's going to be a thousand people over there helping to clean up.
Ms. Alburry: Two thousand five hundred, Commissioner.
Commissioner Teele: Two thousand five hundred people. It will look like a beehive of people doing good
work. But right next door to where they're going to be working is the biggest slum, abandoned, dilapidated,
unsealed, un -- none of these buildings have been sealed up. They were sealed up. People went into them.
Not painted, between 20th Street and 17th, three blocks, and I just don't get it. So, all that I'm saying is that I
think Ms. Green is right, you're right, J.L. Plummer's, right. Overtown has some serious problems and we
need support, not only from the NET office, but we really need support, Mr. Manager, from you and the
City Manager, himself, in helping to solve some of these problems and, other than that, I really think you're
doing a great job with the...
Mr. Martinez: Commissioner?
Chairman Plummer: Right. And if you arrest Alex Penelas, we'll bail him out for a penny.
142 July 27, 1999
Mr. Warshaw: I just want to say something on the record, and I think it's very important what you just said.
We've sent a series of very aggressive letters to the State, the Federal government, to the County, and I don't
mean to embarrass the County but I'm going to tell you, that one of the responses we got in response to the
fact that they cannot clean up the messes that they have in the City, the answer was that, "if the penny sales
tax passes, they'll be able to do it."
Chairman Plummer: Yeah, right. Right, right
Mr. Warshaw: And that was in writing to us.
Chairman Plummer: Right.
Mr. Warshaw: So, we're putting a lot of pressure on the fact that the County, the State and the Federal
government own property, are responsible for properties, for landscaping, for entrances and exits off of
expressways, and we're starting to put the pressure on them and the responses are coming back that we're far
down...
Chairman Plummer: And tell them who...
Mr. Warshaw: ...the priority list and...
Commissioner Teele: But, Don, do you know what I'm talking about?
Mr. Warshaw: Yes, one hundred percent.
Commissioner Teele: I mean, you do know that that thing looks...
Mr. Warshaw: Yes.
Commissioner Teele: It's totally embarrassing. You know what really hurts? When people call me and say,
"I got this citation from the NET office." You all gave a bunch of citations out in the last month?
Chairman Plummer: Yes.
Commissioner Teele: I mean, why would you give business owners citations -- and I think you should if
they're out of compliance -- but, then, you've got this huge slum and just look the other way?
Chairman Plummer: Mr. Warshaw, it's nice for you to take credit. Who got on your case about the Metro --
the Rapid Transit.
Ms. Warren: I agree.
Chairman Plummer: That was something that we started in on three months ago. Let me tell you. The one
that has really done nice, and that's the FEC (Florida East Coast). FEC has really trimmed their area right
there alongside. They've put in the white rock. They've done a nice job, and I complement Florida East
Coast Railways. All you had to do was call them, they said, and they'd do it. Well, I called them and they
did it and thanked them for it.
Mr. Martinez: Mr. Chairman, if I may.
143 July 27, 1999
Chairman Plummer: Mr. Martinez.
Mr. Martinez: I just want to make a quick, brief statement. I just want to make sure, Commissioner Teele,
just to give you the assurances that all offices are treated equally, that the staffing has to do with workload.
The main difference between Office "A" and Office "B" is whether they have two inspectors or three
inspectors. We're going to increase that next year. The issue of furniture was an issue this year, because
when they created Little Haiti NET office, there was no funding for equipment. There was funding for
anything. We have scrapped and begged and borrowed for the equipment for next year. We'll have
equipment for every office. The computers was approved by this Commission a couple weeks ago and,
hopefully, it will be there within the next month. But decisions on staffing have nothing to do with politics.
It has all to do with the workload.
Chairman Plummer: All right. Ladies and gentlemen, is there anything else that you folks need to put on
the record?
Ms. Alburry: No, sir.
Chairman Plummer: OK.
Ms. Alburry: Commissioner, no, there's nothing else. But I just want to thank you. Thank the entire
Commission.
Chairman Plummer: Thank you. It was an excellent presentation. Little long, but a good presentation.
Commissioner Sanchez: What item are we on?
Chairman Plummer: Well -- all right. As -- you want to mark down -- to my colleagues, you got a pencil
handy? The Administration has asked me to do the following? To take up and finish Item 3, 4, 14, 20, 31,
39, 40, 41 and 45. These are the items that the City Administration must have today. So, if we can do those
in a hurry, fine. And, then, we'll go back to the regular agenda. Again, Item 3, 4, 14, 20, 31, 39, 40, 41 and
45. And I can assure you, to my colleagues, those are things that we will get done before we leave here
today.
12.(A) APPROVE 5 YEAR CONSOLIDATED, PLAN.
(B) SECOND READING ORDIN, 1NCE: - ESTABLISH NEW SPECIAL REVENUE FUNDS
AND APPROPRIATE FUNDS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY-
FIFTH YEAR) - $12,731,000 AND, $3,500,000 OF COMMUNITY DEVELOPMENT "BLOCK
GRANT (CDBG) PROGRAM INCOME AS .APPROVED BY THE 'DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR A TOTAL APPROPRIATION OF
$16,231,000 CDBG FUNDS; HOME INVESTMENT PARTNERSHIP (HOME) - $4,881,000;
EMERGENCY SHELTER GRANT (ESG) - $452,000;'AND HOUSING OPPORTUNITIES FOR
PERSONS -WITH AIDS (HOPWA) $8,418,000: (See sections # 7,,54, 94).
Chairman Pluimrner: We left off on Item 3, and I think there was some other speakers. Irby, you wanted to
speak on Item 3. Pablito, you wanted to speak on Item 3. Ladies and gentlemen, that's Item 3 on the regular
agenda. Item 3 is in reference to the multi -million dollar accounts for the CDBG (Community Development
Block Grant). Irby.
144 July 27, 1999
Mr. Irby McKnight: Irby McKnight. Chairman of the Community Development Block Grant Board, 1600
Northwest 3rd Avenue. I'm here to offer support for Item Number 3 as it is in this packet. I understand that
this is the second reading for this item.
Chairman Plummer: That is correct, sir.
Mr. McKnight: And it approves the Five -Year Plan for Community Development Block Grants.
Chairman Plummer: Well, you know, that's one thing I think needs to be put on the record. It is a Five -Year
Plan with annual review.
Mr. McKnight: With annual review.
Chairman Plummer: So, I don't want anybody to think that when it's locked in for a total of five years and
no changes can be made, it is a plan which is that --just what it is, is a plan and it will be reviewed on every
year over the five-year period.
Mr. McKnight: OK. Thank you.
Chairman Plummer: All right, sir.
Mr. McKnight: With this approval comes the social program that was not a part of what the Board went
through. However, I'm still offering my support for Item Number 3.
Chairman Plummer: Thank you, sir. Mr. Cisneros.
Mr. Pablo Perez -Cisneros: Yes, Commissioners. The only question I have at this time regarding Item 3 --
and, again I want to emphasize a little bit what Irving McKnight said. We, as the members of the
Community Development Advisory Board receive CDBG plan, and we're supposed to abide by this.
Unfortunately, the Department of Community Development figures that we don't need to do that much. So,
I'd like to know if we should abide by this or we just should kind of say yes to everything you guys say?
Chairman Plummer: Mrs. Manager? Gwen?
Ms. Gwendolyn Warren (Director, Community Development): Yes, sir. As you stated before...
Chairman Plummer: Gwen Warren, the Director of Community Development.
Ms. Warren: Gwendolyn Warren, Director of Department of Community Development. This is, in fact, a
plan of activities or an approach to do community. revitalization. The Commission, as the policy makers,
annually can modify the plan, make revisions to it, you could also do it any time you choose to, by directing
staff to hold a public hearing.
Chairman Plummer: Thank you, ma'am.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Gwendolyn, there was some concern brought forward by a couple of the members
145 July 27, 1999
of the advisory -- CDBG, referencing allegations that probably some of the requirements were not met or
there was some type of violation on the matter. I'm sure you know about it. There was some concern
brought forward. You know, we need to clarify that, for the record, to make sure that some things were said
that were not on the record; some things were said that were voted on and they did not pass. So, I just want
to make sure that you -- you know, being that you represent the City and you're part of the administration of
the City in some way -- bring out that language to clarify that.
Ms. Warren: Yes, sir.
Chairman Plummer: You wish to speak?
Ms. Warren: The first issue -- again, the City Attorney's Office has reviewed the advertising, the posting,
and the public notice process. We have been advised that we are in compliance and do meet the regulatory
requirements. Probably, the most important issue is that one of the Advisory Board members had raised an
issue that, although the Advisory Board had an opportunity to. review -- and we did for quite an extensive
time -- the Plan, that there was -- and even though there was encouraging statements, there was never an
official vote taken. The Commission did direct staff to review that issue. And the City Clerk, as well as
City Attorney, attended a meeting. We revisited the issue. There was unanimous vote. The motion was
made by the gentleman who raised the concern. He was the one who made the motion that the group
adopted, and it has been forwarded to you as a part of the public record.
Chairman Plummer: Thank you.
Commissioner Sanchez: Being that we're under HUD (Department of Housing and Urban Development)
and we are, you know, basically, an oversight of HUD on the issue, I don't want this to come back and bind
us in the near future.
Ms. Warren: It will not. And we are in full compliance, and it has been reviewed by legal.
Commissioner Sanchez: Thank you
Chairman Plummer: All right. Ma'am.
Ms. Alicia Abreu: Good afternoon. My name is Alicia Abreu, and I represent and the Ladies of Centro
Hispano Catolico Child Care, that offer the services to children in the Wynwood area. I have a request
related to the City Consolidated Plan. It identifies that the City's department utilize the one hundred percent
of the total saved amount for capital improvements by the City departments itself. My report is that a
consideration be given to give opportunity to community -based organizations to apply for some of those
funds, to be able to use it to enhance and create necessary buildings that offer services to the community. In
other words, to be able to have -- to continue to have a partnership of utilizing license improvement CDBG
dollars, together equipment with private dollars to make it faster, an issue to complete projects that are very
needed in the building. So, just consideration to look at that issue. It's very important.
OK.
Chairman Plummer: Dena.
Ms. Abreu: Thank you.
Chairman Plummer: You want to address the issue?
146 July 27, 1999
Ms. Abreu: Is that an issue? It is...
Ms. Bianchino: It's certainly something we can look at, Commissioner.
Chairman Plummer: OK.
Ms. Abreu: Can we look at it? Thank you.
Chairman Plummer: Any other people wishing to -- yes, ma'am. Pull the microphone down, please, and
give me your name and mailing address.
Ms. Sara Walker: My name is Sara Walker. I live at 12285 Northeast 6th Avenue, in North Miami. I work
here in the Coconut Grove area, at the Human Resources Service Center for the Miami Behavioral HUD
Center. This morning Mr. Sanchez had mentioned that he thought those agencies in the Coconut Grove
area, that's not doing that well, should be considered first financial cuts because we weren't up to par, and
my statement to him is to, please, consider coming out to the agency some time. That we...
Commissioner Sanchez: I will.
Ms. Walker: What we do there is, we work with the very indigent population. Some of them don't have the
ability to pay. We have to make a decision who gets the services or not based on incomes and mental health
needs. We're getting a very small amount of monies here in the Coconut Grove area. Their staffs, they're
working overtime to meet indigent population. Come out to visit us and please consider the amount of
money that you're giving us.
Chairman Plummer: I got a suggestion for you. If you move to Coconut Grove, you wouldn't have that long
drive every day.
Ms. Walker: I know.
Chairman Plummer: Anybody else on Item 3? Is there a motion?
Commissioner Sanchez: Move.
Chairman Plummer: Moved by Sanchez. Seconded by Teele.
Commissioner Teele: On discussion.
Chairman Plummer: Under discussion.
Commissioner Teele: We're talking now about your moving the resolution?
Chainnan Plummer: I'm moving Item 3. It's an ordinance.
Commissioner Teele: Item 3 is an ordinance and it's a resolution.
Mr. Alejandro Vilarello (City Attorney): As I mentioned earlier today, Commissioner, inadvertently, the
resolution was omitted from the package. It would be a resolution approving the Five -Year Consolidated
plan.
147 July 27, 1999
Commissioner Teele: All right.
Chairman Plummer: Is that a separate vote or is it included in?
Mr. Vilarello: A separate vote.
Chairman Plummer: OK. So, what we're voting on now is the ordinance, number three, and I have a motion
and second and I ask the City Attorney to read the ordinance.
Commissioner Regalado: Mr. Chairman?
Mr. Vilarello: Perhaps, you should consider the resolution first.
Chairman Plummer: Excuse me. Mr. Regalado.
Commissioner Regalado: Just very briefly. Do we understand that we're saying here that part of the
housing money is going to be used for rental?
Ms. Warren: Yes, sir.
Commissioner Regalado: We do.
Chairman Plummer: No, not in Item 3 you're not.
Commissioner Teele: No, no, no. No, I don't know. Hold it, hold it. That's not...
Chairman Plummer: No, no, not in Item 3
Ms. Warren: I was answering his question.
Commissioner Teele: That plan that I read does not say that. Now, I want you to show -- my understanding
of the Plan, it provides, over the next five years, one hundred percent of the Community Development funds
for Home Ownership. Now, have we changed that in the Plan?
Ms. Warren: No. Well, but just like -- well, let me...
Commissioner Teele: OK. Then, I want to be very clear. I don't -- I have been a strong proponent of Home
Ownership and I continue to be, but I think there are a number of policy reasons that we need to just sort of
slow down and deal with this Five -Year Plan, Commissioner Plummer.
Ms. Warren: OK.
Chairman Plummer: My understanding is that I thought this morning we deviated. And what was the
percentage, as I recall?
Vice Chairman Gort: Twenty-five/seventy-five.
Commissioner Sanchez: Twenty-five/seventy-five.
Ms. Warren: My understanding, there was a 25/75 recommendation by...
148 July 27, 1999
Chairman Plummer: Right.
Ms. Warren: ...Commissioner Regalado.
Chairman Plummer: OK.
Ms. Warren: As well as a modification to the boundaries, from what I understand from direction from
Commissioner Teele, for (unintelligible)
Chairman Plummer: Any of that could change during the year, if we saw the need.
Ms. Warren: It's up to this body.
Chairman Plummer: That's correct. Three votes make it. Three votes can change it. All right. Read the
ordinance.
Commissioner Teele: In addition, in addition.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: No, I'm done. Just wanted to...
Chairman Plummer: You're finished?
Commissioner Regalado: Yes.
Chairman Plummer: Mr. Teele.
Commissioner Teele: In addition, the Plan should include, I believe, a strong standard, and I would ask the
staff to develop that standard, as it relates to rental. In other words, we're moving in the right direction. I
don't want you to take my comments at all that we're moving -- but what we need to have is a leverage
factor, 10 to 1, three to -- but a leverage factor, which you all need to provide us, for rental housing. In other
words, no more of this one for one, but we need a leverage factor which any investment by the City for
rental housing should be leveraged on a 10 to 1, which is what, you know, some of the industries has said. I
think -- you know, right now we need to understand that we're messing around with two to one and one to
one. And what this does is, this really gives us greater leverage to be able to get tax credits in Tallahassee
because it's going to mean that we're going to have fewer applications going up that are going to be higher
quality.
Ms. Warren: Commissioner, what I -- to make that modification at your May 26th meeting of '98, you
established a five to one leverage policy under ordinance, and we would have to change that. Just wanted to
say that...
Commissioner Teele: All right. Well, let's start with five to one...
Ms. Warren: OK.
Commissioner Teele: ...but I think that's the direction that we should be moving.
149 July 27, 1999
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Ms. Warren: OK.
Chairman Plummer: Read the ordinance.
Commissioner Teele: Secondly, as it relates to the previous commitments of the City by ordinance and
otherwise, I would want this Five -Year Plan to be modified to include a reference to the ordinances and
resolutions that have contained previous commitments relating to Connuunity Development funds that have
been passed. Because what we don't want is, we don't want anyone to suggest that we passed something
that's inconsistent with what we've already done. And I would ask that this Plan be amended to include
specifically and specific references to ordinances that relate to commitments for Community Development
funds, particularly, from carryover funds as it relates to this. This Plan is well -written. There's been a lot of
support on it, and it only really addresses funds coming in. In that the carryover funds have generally been
committed -- and I would like for this Plan to, specifically, reference the ordinances and resolutions in the
carryovers and where those funds will be used.
Ms. Warren: Yes, sir.
Commissioner Teele: All right.
Chairman Plummer: All right. The City Attorney has advised that we should do the resolution first and
then the ordinance, so read the resolution since nobody has it.
Mr. Vilarello: For the record, the resolution is essentially the same as the one that -- which was Item 8A at
the last Commission meeting on the 7th -- on the 13th of July.
Chairman Plummer: Moved by Teele. Seconded by Sanchez.
Commissioner Teele: As further amended by the discussions that we've already talked about, such as the
one by Commissioner Regalado, and the others that we've discussed here today. You got that, Mr.
Attorney?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Please.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous, without an objection.
150 July 27, 1999
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The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-547
A MOTION AMENDING RESOLUTION NO. 99-429 WHICH
AUTHORIZED (1) THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION AND THE CITY OF MIAMI'S FISCAL YEARS 1999-
2004 PROPOSED CONSOLIDATED PLAN, WHICH
RECOMMENDED FUNDING PROJECTIONS FOR THE CITY' S
COMMUNITY DEVELOPMENT BLOCK GRANT, HOME
INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT,
AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAMS TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, (2) FUNDING
CATEGORIES IN ACCORDANCE WITH SAID PLAN, AND (3) THE
CITY MANAGER, UPON APPROVAL OF SAID PLAN AND
GRANTS BY USHUD, TO ACCEPT THE SAME AND EXECUTE
THE NECESSARY IMPLEMENTING AGREEMENTS WITH
USHUD, THEREBY MODIFYING SAID CONSOLIDATED PLAN
AND SAID RESOLUTION TO INCLUDE DIRECTIVES AND
REVISIONS AS MORE FULLY DISCUSSED DURING TODAY'S
MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. City Attorney, read Item 3, the ordinance on second reading. It was moved by
Teele and seconded by Sanchez, Mr. Clerk.
Commissioner Teele: As amended.
Chairman Plummer: As amended.
Commissioner Teele: As amended by the...
Chairman Plummer: Call the roll.
[COMMENTS MADE DURING ROLL CALL]
151 July 27, 1999
Vice Chairman Gort: We're voting on the ordinance, right?
Chairman Plummer: This is the ordinance.
Mr. Walter Foeman (City Clerk): This is the ordinance now.
Chairman Plummer: We did the resolution.
Commissioner Teele: This first reading or second reading?
Chairman Plummer: This is -- on the ordinance, second reading.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS AND
APPROPRIATING FUNDS AS HEREIN SPECIFIED: COMMUNITY
DEVELOPMENT BLOCK GRANT (TWENTY-FIFTH YEAR) -
$12,731,000 AND $3,500,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INCOME AS APPROVED BY
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR A TOTAL APPROPRIATION OF $16,231,000 CDBG
FUNDS; HOME INVESTMENT PARTNERSHIP (HOME) -
$4,881,000; EMERGENCY SHELTER GRANT (ESG) - $452,000;
AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) - $8,418,000; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
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 Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11817
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Item Number 4 is a resolution.
152 July 27, 1999
Commissioner Teele: Mr. Chairman?
Commissioner Plummer: Mr. Teele.
Cormnissioner Teele: I would ask that the management give us information on -- item on this on Monday
when we meet again...
Ms. Warren: Absolutely.
Commissioner Teele: ...just to make sure that we're all in the sink.
Chairman Plurnmer: On Item 3 or 4?
Commissioner Teele: On Item 3, what we just did. So, that we can read that to make sure it's what we said.
13: ALLOCATE $2,278,555 OF 25T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO AGENCIES. CURRENTLY FUNDED UNDER THE PUBLIC SERVICES
CATEGORY THAT HAVE MET PROGRAMMATIC REQUIREMENTS OF THE 24T" YEAR
CDBG CONTRACT; AND. FURTHER DIRECTING THE CITY MANAGER TO SOLICIT
REQUESTS FOR PROPOSALS TO ALLOCATE $986,926.OF CDBG FUNDS TO PROVIDE
PUBLIC SERVICE PROJECTS IN, THE EDISON LITTLE RIVER, FLAGAMI, LITTLE
HAVANA, MODEL CITY AND OVERTOWN AREAS OF° THE CITY OF MIAMI FOR THE
PERIOD JANUARY 1, 2000 - SEPTEMBER 30, 2000.— CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD TO REVIEW AND RECOMMEND, — ACCOUNTING FIRM TO AUDIT
AGENCIES' PERFORMANCE - 5 YEAR PLAN TO'INCLUDE COMMITTEE MEMBERS' NAMES.
Chairman Plummer: All right. Item 3 is a resolution for nine hundred eighty-six thousand nine hundred and
twenty-six dollars ($986,926) for CDBG funds; to provide public service programs in the Edison, Little
River, Flagami, Little Havana, Model Cities and Overtown, areas of the City of Miami.
Vice Chairman Gort: Which item is this?
Chairman Plummer: Item 4, a resolution.
Ms. Gwendolyn Warren (Director, Community Development): Commissioner? This is...
Chairman Plummer: No, I'm sorry. It's allocating two million two hundred seventy-eight thousand five
hundred and fifty-five dollars ($2,278,555). Let's go play the Lotto.
Ms. Warren: Commissioners, at your last meeting the staff was directed to review our recommendation
regarding the extension of social service programs. Staff had recommended that we receive a -- do a 90-day
extension. One, to adjust our CDBG (Community Development Block Grant) fiscal year, and, also, to
ensure that there was no break in service with our social service agencies. The Commission raised a very
important point, which is that, if we were to complete the extension and, then, put the RFP's (request for
proposals) out to bid, the funding recommendations and considerations for Community Development social
programs would occur simultaneous with the budget hearing process. So, staff was instructed to, one, look
at -- and bring back information regarding an additional extension. And the third issue was the issue of the
waiver of the social service cap. We had received some additional monies, and the Commission wanted
information on that. And the third issue was that, with the extension of the current operators and,
153 July 27, 1999
ultimately, a second extension that was being considered, those communities that had been traditionally
underserved over the years would still, if we were to go ahead and extend you six months of the money, we
would still not have programs in that area. So, what staff did is consistent with your concerns about, one,
holding RFP's during public hearings, and, also, to enable us to provide resources to areas of the community
that have been underserved. And I should put a proviso, in anticipation that the possibility that the CDBG
target areas would be deleted, the other community that has traditionally not been served is Flagami. To
accommodate those issues, staffs recommendations are have that, one, the current social service providers
who are performing well and who are passing their evaluations be extended for the full 12 month time
period, instead of two, three month increments. And that a...
Commissioner Teele: Hold it. Are you saying 12 months or 15 months?
Vice Chairman Gort: Fifteen months.
Ms. Warren: It would be three months to do the adjustment but, then, for the new program year, which
would commence October 1, that, instead of doing an additional three month extension, that, based on
performance, they be extended for the full time period.
Commissioner Teele: So, that would be a total of 15 months?
Ms. Warren: Correct, if you account the three month adjustment. The second issue is -- the social service
waiver provided approximately a million additional dollars to the City for social service programs. What
staff is recommending, in reviewing historically where the social service programs have been funded -- what
we've done is, basically, done a comparison and identified those communities that have been traditionally
underserved and, in order to, one, facilitate new agencies, we're recommending that that million dollars
($1,000,000) be targeted to those communities that have been underserved. I would have to put a point of
information here, that the social service waiver, by legislation in Congress, contemplates that the priority
group that would receive benefit from those additional funds would be individuals impacted by welfare
reform and Section 8 Housing residents. The two populations that fit that waiver definition is our elderly
population and the City Section 8 Housing residents, who would be considered priority, is what the
recommendation. So, for the...
Commissioner Teele: Now, are you saying that there are priorities? It was my understanding that the law
was written in such a way that it's really not priorities, but that is the eligible pool that you can use the
money over the 20 percent for?
Ms. Warren: Again, the...
Commissioner Teele: Fifteen percent.
Ms. Warren: It's 10 percent. The rule is that it's, those individuals, one, who are most severely impacted be
by welfare reform.
Commissioner Teele: Right.
Ms. Warren: By definition, if we look at the data in the City, that is our Section 8 Housing residents and our
seniors population, those are the two most impacted individuals by welfare reform in the City of Miami.
Commissioner Teele: The point, Ms. Warren.
154 July 27, 1999
Ms. Warren: But there's other people.
Commissioner Teele: Ms. Warren, the point, though, is that when Congress gave the proviso to exceed the
15 percent by an additional 10 percent, it's not a free ride across-the-board.
Ms. Warren: No, it is not.
Commissioner Teele: It's very limited to those categories.
Ms. Warren: Absolutely.
Commissioner Teele: All right.
Ms. Warren: But, again, the issue of impacted by welfare reform, there is others than wages and seniors.
But those are the most impacted populations. So, consistent with the Plan, we're recommending that they be
the priority group, consistent with the modification and the legislation.
Vice Chairman Gort: (inaudible)
Ms. Warren: So, that, again, provides the additional million. If you were to accept this recommendation to
the -- I'm trying to find my target areas here.
Vice Chairman Gort: Originally, it was nine hundred and ninety-five thousand, plus an additional hundred
thousand dollars ($100,000)?
Ms. Warren: I beg...
Vice Chairman Gort: Originally, I think the -- and I don't have -- what you were targeting for new -- was
nine hundred and ninety-five thousand?
Ms. Warren: Yes.
Vice Chairman Gort: Plus, the hundred thousand dollars ($100,000) that was allocated for the Homeless, I
think? That's the total one million?
Ms. Warren: The Homeless is not in this population. It's nine hundred and eighty-six thousand...
Vice Chairman Gort: OK.
Ms. Warren: ... is the total number. And the communities that met the threshold of significantly underserved
is Model Cities, Edison Little River, Little Havana, Overtown and Allapattah. And if you'll look at your
memo, proportionately, we're saying that, if we look at the weighted formula, Allapattah has been
underserved by approximately one percent; that Edison Little River has been underserved by 9 percent;
Little Havana, 15 percent; Model Cities, 10; Overtown, two, and Wynwood, four. And our
recommendations is that, when you do the distributions, you consider the areas that are significantly
underserved, and staff has decided -- recommended that's by two percent or more.
Chairman Plummer: And what about downtown?
Ms. Warren: Downtown, by -- basically re -- generates about one percent of the resources. They receive
155 July 27, 1999
about one percent of the money, and the social service need is in heavier populated areas where you have
both kids and seniors.
Chairman Plummer: Are you aware that at Jesus Church (phonetic), where they were feeding between 100
and 125 seniors, they had to close the doors for the lack of funds?
Ms. Warren: I read something about that, yes, sir. Again, this is a policy call. This is a recommendation
that those communities who have been severely underserved be the priority.
Chairman Plummer: And this is not a religious program. It is feeding seniors in the basement of a facility
that is available, and when Sister Marro (phonetic) retired, which, after her many long years of doing work,
great work for the community, they no longer have food for those 125 people -- seniors, and sometimes
more. They had to cut down a couple of times because of lack of money. All the equipment is there.
Everything is there. And these people no longer have any program for feeding in that particular locale. Tell
me where in the downtown area is there a feeding program that we sponsor.
Ms. Warren: First United Methodist Church, my right ear just told me.
Chairman Plummer: Yeah. OK. Fifth Street and the Boulevard. OK. Well, that's --you know, it's --Jesus
Church just couldn't afford to subsidize them anymore, and their make-up of their church has changed, and I
would hope that this City would find it within its heart to see if there is, in some way, that those people
could be taken care of.
Commissioner Sanchez: Mr. Chairman?
Chairman Plurmner: Mr. Sanchez.
Commissioner Sanchez: We all would wish that we would have so much money that we could take care of
everybody, but that's impossible. That's really the bottom line to it. I mean, my thing and that I've always
promoted is, the organizations that have been there throughout the years providing social services, that are
well -respected, that through the rules and regulations have always complied with everything, those are the
ones that continue to be funded and rewarded. And really look at every other organization to make sure that
they are up -to -standard under our rules, HUD, whichever rule they may be, and if they follow the rules, they
will continue to be funded. And that, I'm sure, that is one of your best interests.
Commissioner Plummer: Mr. Sanchez, I have no disagreement with you, sir.
Ms. Warren: That's what we...
Chairman Plummer: In this particular year, is the first time we've had additional funds. They've gone from
15 to 10 percent, you know. And realize there's additional hungry people and I'm not trying to say that any
of the money from programs that are successful and doing well should be short-changed, but I'm just saying
here is one program that is in trouble -- well, it's more than in trouble. It's out, and these are the people who
are not being fed that, in my opinion, could be getting some benefit from the additional 10 percent for social
services this year.
Commissioner Sanchez: J.L., I have nothing against that. But what I'm trying to get the message across is,
there has to be some type of guidelines for distribution of this money. And if that -- your organization falls
within that guidelines for distribution...
156 July 27, 1999
Chairman Plummer: Absolutely. Without question.
Commissioner Sanchez: Then, I have no -- you know, I don't oppose it. But what I'm trying to say is, the
time has come in this City where we must change our ways, and we cannot continue to do things the way we
did in the past. We can run -- when it comes to CDBG money, we can run things as usual. There has to be
change. Where the administration, which, I think, has done an excellent job, in some way or other, must be
flexible too. Because, you know, there are organizations out there that you can give them as much as you
want and, of course, they would want it, but you've got to take the time to go and visit these organizations...
Chairman Plummer: OK.
Commissioner Sanchez: J.L., don't interrupt me, please, sir.
Chairman Plummer: Go ahead.
Commissioner Sanchez: You should be afforded the opportunity to go to their activities or their center and
really look at them and evaluate them and find out if we can assist them more. That's just what I'm trying to
say. The message that I want to send to you is, reward those that are going by the rules and provide good
service, and those that don't, take the money away from them.
Commissioner Regalado: Question.
Chairman Plummer: I'm sorry. Mr. Regalado.
Commissioner Regalado: Who's going to decide how this nine hundred and eighty-six thousand dollars
($986,000) are going to be...
Ms. Warren: I'm sorry, sir?
Commissioner Regalado: Who's going to decide how the nine hundred and eighty-six thousand dollars
($986,000) will be spent?
Ms. Warren: We will follow the -- the process would be, is that we would do an RFP. We would, then, go
to Advisory Board and, then, this Commission -- the ultimate decision will be made by the Commission.
Commissioner Regalado: But you're -- what you're doing here...
Ms. Warren: And I'm -- the next...
Commissioner Regalado: ...you are extending as -is for 15 months, is that correct?
Ms. Warren: What I'm recommending is that, consistent with what Commissioner Sanchez has indicated,
those agencies that are performing be extended, but that the additional moneys be, again, based on the
Commission directed, be allocated to those areas that have not been funded before. And it is your call as to
whether or not -- your policy as to how you would want us to do the distribution, and I'll stand -- wait for
instruction on that.
Commissioner Teele: Mr. Chairman?
Commissioner Plummer: Yes. Mr. Teele.
157 July 27, 1999
Commissioner Regalado: On...
Commissioner Teele: I'm sorry. I thought...
Commissioner Regalado: Just another brief question. Why not extend or use the same criteria to extend
this to September of 2000 for the Housing and CBO's? I mean, why...
Ms. Warren: Why the difference?
Commissioner Regalado: ...the social services is not the whole pack?
Ms. Warren: The question -- first, economic or the facade program, which is a part of Economic
Development, the Commission instructed us to bring back an assessment of that program. We did that
earlier, and I would wait instruction from you as to how you would want me to proceed. What we basically
indicated that there are some of the programs that are really working well. Staff believes that the Economic
Development or the Facade Program is not working well in some areas, because you've got one program that
fits all. So, what you wanted was an in-depth analysis of what worked and what didn't. What we're
suggesting is that, in three areas, the current facade program works. It should probably be enhanced. In the
other areas, it's very marginal or does not work at all, and we would, respectfully, request some additional
direction from you prior to us making a recommendation. So, we're -- one, we're sent away to do -- give you
some additional information before we made a recommendation. So, we're here today for that. The housing
group is a whole 'pother matter. Now that we've established some of the policies, the housing administrative
dollars, traditionally, have been awarded to those organizations that have been awarded housing contracts.
It is very difficult to make a recommendation on the administration in next year for housing programs before
there's a housing contract or program developed. So, again, out of today, we will be able to bring you
additional information and seek additional direction. So, they're different in the social programs.
Commissioner Regalado: Then, let me just ask you this because, then, you know, you got a ton of work to
do and, then, we have to go to you and try to resolve, one by one, some of the issues. I just want to make
sure that you tell us, on the record, that the social programs will not have problems getting their money from
tomorrow, next month? I mean, these are programs that are performing.
Ms. Warren: Correct.
Commissioner Regalado: Is that correct? So, what we had had in the past are problems. And, you know,
when they don't have the money, they can't hire the drivers to bring the people to have the lunch and, for us,
you know, we can defer an item but nobody can defer a lunch.
Ms. Warren: Correct.
Commissioner Regalado: So, what I'm saying is, can you assure us that there's not going to be any
problems?
Ms. Warren: What I can...
Commissioner Regalado: I mean, there's going to be problems, but the problems...
Chairman Plummer: Well, I'm going to create some problems.
158 July 27, 1999
Ms. Warren: What I can assure you of, Commissioner, is that those organizations that are being
recommended are your best. I can assure you that the three month extension, like I indicated at the meeting,
was handled through a letter contract and there has been no break in finances. What I will also assure you is
that, immediately, we will get the information out to the organizations on what documentation, insurance
and other things, that they need to provide so that I could expedite the contracts. Unlike before, I think we
do have a system. These are good, solid organizations. I can assure that, once they get us the information,
we have a streamline process to avoid a break in service. If they don't get it to me, I can't commit to
anything.
Commissioner Plummer: Gwen?
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: If I may.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: You're last. You're the Chainnan.
Chairman Plummer: Oh, I'm last. All right, I'm the Chairman. Mr. Gort, then Mr. Teele.
Vice Chairman Gort: My understanding, from the statement you made here today, that all those agencies
that are performing will continue to get funding from us?
Ms. Warren: If this body...
Vice Chairman Gort: Based on their performance?
Ms. Warren: Yes, sir.
Vice Chairman Gort: That's -- I want to make sure that's what everybody understand.
Chairman Plummer: Mr. Teele.
Ms. Warren: Performance only.
Vice Chairman Gort: At the same -- I haven't finished, sir.
Chairman Plummer: Well, I'm sorry. Don't be so slow.
Vice Chairman Gort: My understanding also -- what can I tell you. I've been slow all my life. My
understanding also, it's stated that the -- and you're going to have some changes that are going to take place,
and let's face it. Every time you have change, you're going to have problems. So, let's make sure that all the
agencies are involved in the changes that you're going to make and all the criteria or guidelines you're going
to be changing, and reporting on whatever changes you make in your administration. Make sure you let
them know, with plenty of time, and if you can put together, like I've asked all the Building Department, all
of their needs in writing, it would be perfect for them to have a better understanding.
Ms. Warren: Our goal this year is to spend more time working with and assisting our agencies, and not all
the time on paper, and I think we've got a good head start on this one.
159 July 27, 1999
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I, too, want to commend the management, Ms. Warren, on bringing
the process forward. Having said that, I'm concerned, based upon some of the public hearing testimony that
we heard this morning, particularly, Mrs. Kluger, who indicated, as a member of the Advisory Board, that
they have not been privy to this process, nor have they been able to review this.
Ms. Warren: This is correct.
Commissioner Teele: This is correct?
Ms. Warren: Absolutely.
Commissioner Teele: Well, you see, I think it really doesn't serve -- I'm assuming that the City Attorney is
aware that this has not gone before the Community Development Advisory Board, is that correct, Mr.
Attorney? You're aware that these funding recommendations have not gone before the Community --
exceed the Advisory Board?
Mr. Vilarello: This is the initial process for the extension. It will go before the Advisory Board.
Ms. Warren: The initial process that went before the Advisory Board was the recommendation for the
three-month extension. When we came to you, you indicated a concern that the RFP would, then, overlap
with the budget, you directed us to come back with something different and bring it back for the second
reading. Given the timing, we're offering this as an option. We also, because the funding extensions and
recommendations were -- we did advertise them so that, if you chose this opportunity, you could or you
could defer it back. But, again, based on Commission instruction, we gave you options that -- and we're
legally within our requirements, but...
Commissioner Teele: Ms. Warren?
Ms. Warren: Yes, sir.
Commissioner Teele: I've learned, it's never what you say. What you say is right. It's the things that you
don't say.
Ms. Warren: I'm not sure what you mean.
Commissioner Teele: Well, you're giving us options and you brought it back to us, but the question is, is the
failure to take it back through the process that has been established, which is the Community Development
Advisory Board, which is established by Federal Procedures, is that a -- is that -- first of all, does that have
any legal significance?
Mr. Vilarello: It is not a condition precedent to your approval.
Ms. Warren: I would not have done it if it...
Commissioner Teele: OK. So, it is not a condition that we must take this before the Community
Development under Federal law -- under Federal Procedures.
160 July 27, 1999
Mr. Vilarello: Under Federal law, correct.
Commissioner Teele: So, now it comes up to a question of our policy, OK. And one of the things that I
have to say, we should not ask people to serve on committees if we're not going to empower them to give us
their advice. See, when advisory -- she's applauding, and she's not going to like what I'm going to say now.
Chairman Plummer: No. That was Cisneros, not she.
Commissioner Teele: When Advisory Board members start talking about our decisions, I get nervous,
because advisory board people don't make any decisions. They give advice. And I want to know what their
advice is if we're going to appoint them. And, so, my concern is this. It's not so much -- I'm in support of
what you're doing, but I think it's really important, as we begin this process of electing advisory boards, of
getting people really involved, that we defer to them. I don't know what recommendations they can make,
quite candidly, but why have a board -- why elect a board if we're not going to seek their advice. And, so, I
would like to approve this, in principle, but send to the Advisory Board for their advice. I would like to
approve, in fact, the 90-day extension and the -- approve, in principle, the additional 12 months. And I
appreciate the fact that you've given the notice, that it's here in the papers, and we're doing things a lot better
than we have done it. I think they may solve, at least, to keep the board engaged in being -- or firmly
engaged, et cetera. But I have the same concerns that Commissioner Regalado has had, that Commissioner
Sanchez and others have expressed and, that is, that we don't give the Community Development
Organizations the sense that we're jerking them around for whatever reason. I commend you for having
standards. For example, you all are insisting on insurance and the kind of things that are required by law,
which, quite frankly, in the past, no one's ever really checked on. So, let's put it on the table. So, there's
going to be a few hiccups and hardships, but I think you're moving -- I think that the Department -- I think
you're moving in the right direction. What I don't like about all of this -- and I want Commissioner Sanchez
to hear this because this is very important. I would appreciate, if somewhere in the budget hearing process,
if you all would just give a very brief review of how the funds for Community Development are -- I don't --
I'm not concerned about HOPWA (Housing Opportunities for Persons with AIDS) and all the -- CDBG
funds, how they are generated.
Ms. Warren: OK.
Commissioner Teele: Because I keep hearing people saying, we need to just look at who's performing and
who's not. That's one element. The most important element of this is, we need to ensure that funds are
flowing into the target areas, each target areas, separately, based upon the need, and the need is a calculation
that the federal government makes in determining how much money they give us. I am not suggesting -- and
I want to be on the record. I don't think it ought to be one for one. It can't be one or one when you take 20
percent for administration off the top, you know, you're going to have -- but there should be some
correlation between where funds are coming from and where they're going. Let me give you one example.
Liberty City, Model Cities, which is bigger than Little Haiti and Overtown combined, in this area, in this
category, is getting less than one third of the money going into Little Haiti.
Ms. Warren: Absolutely.
Commissioner Teele: OK. And just slightly more than going in Overtown. Nine thousand people -- 11,000
people as compared to 40,000 people. Something's wrong with this formula. And I have to tell you this. I
think, Mr. Attorney, the so-called multi -target area.
Ms. Warren: There's no such animal anymore.
161 July 27, 1999
Commissioner Teele: There's no such animal, and we need to eliminate that because that has been a dodge
for years to be able to get more money, you know. If we're going to have equality in these funds, we need to
educate us because I don't know where the moneys are coming from. But each area, downtown Miami,
which Commissioner Plummer just discussed, it would be very helpful to determine how much money
downtown Miami formula represents of the total twenty-two million dollar ($22,000,000) pot. What's our
pot? Fifteen million dollar ($15,000,000) pot?
Ms. Warren: It's actually closer to thirty-nine million, when you think of..
Commissioner Teele: No, no, no. CDBG.
Ms. Warren: Twelve million seven hundred and forty-two thousand.
Commissioner Teele: The twelve million dollar ($12,000,000) pot. There's a direct correlation. And they
can tell you how much money comes from downtown. And what has happened in the past is, all the
Commissioners have been overreaching to try to take care of their area, which is fine. I don't have a
problem with that. But before we start reaching, we need to know how much money is being generated by
each of the target areas and, then, I think we can also all sort of keep our efforts to represent our districts and
to represent this community in a proper perspective. It has not gone right in the past. What we're doing
today -- and I'm going support it -- continues to lock out those who have been locked out before, to some
extent, based upon what we're approving. Now, it remains to be seen. And the challenge, I think, Madam
Manager -- Ms. Warren, is to ensure that those other eight hundred thousand dollars ($800,000) of funds go
into those target areas that are being underserved, OK. And I can tell you what's going to happen. Four
months from now, when the RFP's go out, people are going to come here from the various areas that are
getting more money than -- that are getting the money today and say, "But we're not getting any." Well, if
you look at this now, you see who's getting the money. I'm telling you, for the record, Model Cities is
getting less than one/fourth or one/fifth of what they should be getting, OK. So, when you all come back
with a recommendation, based upon that other money, please make sure that the areas are probably -- don't
do me any favor. Don't do my district any favor. Just do what's right for the entire Community
Development target areas, because they have not been treated fairly. I support what you're doing and I
understand it, but I want to put it on the record that...
Ms. Warren: Yes, sir. I just wanted to make one comment regarding the Advisory Board. For the last six
months staff has worked very diligently with the Advisory Board. Not only do we think that they're
important in the process, I can assure you, there would not have been a Five -Year Plan if it wasn't for them.
And not only the support that they've shown staff, but also setting direction for staff in terms of how we set
our priorities. The issue of whether or not this should have gone back before them, I think and I know that it
should have. If time would have permitted -- staffs concern was this, consistent with things that are in the
Five -Year Plan and the direction of this body, a six month extension into our social services moneys would
not have allowed us an opportunity to fund underserved areas and/or to get new agencies. Given the time
frame that was available, what staff was attempting to do was to give the Commission an option of not
spending 40 percent of the moneys without going through a process, but to set some moneys aside so that
the policies that our advisory body had espoused in our -- their plan could be implemented. I think that,
again, time being what it is, we should have figured out some way to get our board back together, but our
true intent was to make sure that the communities that you're talking about, that traditionally have received
no moneys, or none to speak of, and that the new priority of working with seniors and with Section 8
Housing residents, that we actually be able to accomplish that. And staffs concern was, is the money would
be gone by the time we got back, and none of the policies in the Five -Year Plan could be implemented. And
in trying to ensure that it happened, we missed our Advisory Board and I apologize to them and I would,
wholeheartedly, want to take it back. But the Five -Year Plan is theirs and not only do I respect theirs, but I'm
162 July 27, 1999
sorry we did miss them.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Ms. Warren, there is a guideline. We base CDBG money on population, need and
housing, correct?
Ms. Warren: Yes, sir.
Commissioner Sanchez: And we go by population, and my district and your district are very close, but mine
is the most poorest when it comes to population.
Ms. Warren: And the recommendations reflect that.
Commissioner Sanchez: I don't have any problem with directing money to an organization that helps the
people, but there needs to be -- and that's when we came back -- and that's one of the -- when we went to the
five -member district, that I wasn't here, what we create is -- you know, I want to take care of my district, just
like, Mr. Teele, you want to take care of your district, and if we don't do what's good for our district, well,
then, we're not representing the people that elected us. But the bottom line is -- and I've said it since day one
-- I don't mind organizations getting assistance from CDBG money, as long as these organizations can be
held accountable for their money, and if they are -- and the ones that I see here, I am very pleased to say
that, I am content with the distribution. I would like to give them more, but we don't have the resources to
provide more at this time.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: There's a couple of things you addressed in the past. I would like to address it again
to make sure we don't have any problems in going forward. Number one, it was not in the resolution, but
one of the neighborhoods that was being underserved by one percent is Allapattah. So, I want to make sure
that goes in the resolution. Number two, one of the biggest problems that we've had is the advance that we
used to have in the past. If you recall, a lot of those agencies that live day to day, and if they didn't have the
advantage and the ability to pay, some of them might not be able to pay the bills, like the insurance and so
on. I want to make sure that we incorporate that back and we look for a way to do that.
Ms. Warren: We're definitely looking for a way to do it. The way we used to do it, we cannot do it
anymore.
Vice Chairman Gort: I understand.
Ms. Warren: OK. But we're doing...
Vice Chairman Gort: We need to find a way to do it because most of these...
Ms. Warren: The maximum flexibility we're doing.
Vice Chairman Gort: ...they're one to one. I went through that problem myself in one of the organizations
and we had to create a reserve and we had to go through a lot of problems to do so.
163 July 27, 1999
Ms. Warren: We're hoping.
Chairman Plummer: Well, I guess now I can ask a question. Gwen, what do I tell Yvonne McDonald from
Westgrove? What do I tell Armando Rodriguez from Edge Water? What do I tell the people from
Wynwood, who are in my district? What do I tell the people from downtown? Well, I'm sorry. The
cupboard is bear. Yet, other people are getting allocations and, yet, when you start in the south end of my
district and you go north -- I mean, we've got all kinds of poverty. How much you want? I'll get it for you --
right up to Wynwood. I assume, the Edison Little Center will address some of the Haitian problems that are
up there in that particular district. I'm not sure that it is because I don't know the boundary line. But what
do I tell these people when they say to me, Omni? Omni's not getting any money. Wynwood's not getting
any money.
Ms. Warren: Yes, they are.
Commissioner Sanchez: Yes, they are.
Chairman Plummer: Well, it's not listed here in my estimate -- in my book. So, tell me, what are they
getting?
Ms. Warren: The first thing is that, what you would tell your two Economic Development agencies, which
is the Coconut Grove and Edge Water, is that staff intends to, based on your instruction, come back in
September with some recommendations for Economic Development. You should also tell them that staff
will recommend, in a positive way, any organization that has been participating in any corrective action
programs that we have in place. Both of the agencies that you have named are organizations that have been
working closely with us to fix all their deficiencies. As we stated earlier, the positive thing is that it's
working. So, we intend to make positive recommendations as soon as you guys tell us what kind of
Economic Development Program you want.
Chairman Plummer: What are we going to tell West Grove?
Ms. Warren: We're not going to tell them anything, until you tell me.
Chairman Plummer: We're on bended and begging knee asking for money for Virrick Park. We got turned
down by the State.
Commissioner Teele: But this is not...
Ms. Warren: This is...
Commissioner Teele: Hold it, J.L. Let's don't mix apples and oranges. This is social service dollars.
Chairman Plummer: I understand that.
Commissioner Teele: We're not on physical -- we're not on capital improvement.
Chairman Plummer: Mr. Teele, I understand that. I'm speaking to the overall. What, in social -- all right.
Let's go right to the jugular vein.
Commissioner Teele: All right.
164 July 27, 1999
Chairman Plummer: What does West Grove get in social service moneys?
Commissioner Teele: Boys and Girls Club of Coconut...
Chairman Plummer: No, no, sir. No, sir
Commissioner Sanchez: Your favorite.
Chairman Plummer: Tell me what the West Grove gets. Hello.
Ms. Warren: I do not have the list in front of me. But what you would tell them is that, once you instruct
us, there will be an RFP process that they can participate in...
Chairman Plummer: You know what's embarrassing? Let me tell you, Gwen. Almost -- the greatest
Commissioner in that County is Jimmy Morales. He attends every meeting in his district whenever he's
invited. And do you know how I feel when I sit there and he has brought from the County for West Grove,
in my district, six hundred and seventy-five thousand dollars ($675,000) and I walk in the door with peanuts,
OK. What do I say to those people? What do I, legitimately, say to those people? That's the problem.
Now, you know, I've got to tell you something. You know, I don't want to declare war because that --
everybody loses. But let me tell you something. Every district has its needs, whether it's in the social
programs, economic development, housing, whatever it is. And I'm asking that consideration, before these
final things are drawn completely, that you look in District 2, they have needs, and I'm hoping that we're
going to hear that you've addressed those needs and some consideration is going to be given to them when
your pot, as Commissioner Teele said, is 39 or fifty million dollars ($50,000,000).
Commissioner Sanchez: J.L.?
Chairman Plummer: OK. So, all I'm saying that, you know, we're going to say -- we're going to play this
game fair and we're going to be equal and across-the-board in fairness to everybody. I'm listening.
Commissioner Teele: Mr. Commissioner?
Chairman Plurmner: Mr. Teele.
Commissioner Teele: I want to tell you, I fully will support you and agree with you but, you see, there is
one issue here and that is this, we all are talking about a pot and no one knows exactly what is generated by
the population of West Grove for the pot. I'm willing to stipulate right here and now. I believe that, in the
area of social service, everybody should get back one for one, based upon the target area, and I think the
only way to do that now -- listen to me. That means you take -- we know what the pot is. It's 15 percent,
OK?
Mr. Mariano Cruz: Twenty-five.
Chairman Plummer: Twenty-five now.
Commissioner Regalado: No.
Commissioner Teele: No, no. But, see, the other 10 percent is not real. That's not across the board money.
That's restricted in very, very real language, OK, based upon the Congress. We know, absolutely, to a
dollar, what 15 percent represents and we know what each area represents: Now, where the fly in the
165 July 27, 1999
ointment is, J.L. -- and I'll tell you where the fly in the ointment is, and we can clear that up right now if
everybody will agree to it. There's no more multi -district categories, because that's where everything gets
messed up. Everybody who applies at serving multi -district must allocate their service within the areas that
they're providing it, which means they've got to do their homework. So, it only mean this. If JESCA, OK --
if JESCA (James E. Scott Community Association) is providing services in Overtown and in Liberty City
and in Little Haiti, they've got to allocate, based upon their grant requests, how much of it is going into
Overtown, how much of it is going into Little Haiti -- I mean, Little Havana -- Little Haiti, and how much is
going into Liberty City? The only problem with doing what Commissioner Plummer wants to do, which I
support, is to eliminate the multi category and allow people to submit their grants from as many different
categories as they would like. In other words, if JESCA wants to submit for a hundred thousand dollars
($100,000) and say fifty thousand is Model Cities and twenty thousand is Little Haiti and thirty thousand is
Overtown, that's fine, but they've got to allocate it. Because as long as you have this so-called multi target
area, nobody knows what's going on, and the truth of the matter is, the way it's being done now, it means
that JESCA is presiding -- I'm using JESCA as an example -- but JESCA is providing services in Wynwood,
which they're not, to any great extent, or in Allapattah, which they're not to any great extent, and Little
Havana, which they're not to any great extent. Just like the Little Havana Activity Centers is not providing
service in Overtown. And the way this formula is being used, it implies that they're providing services in
these areas where they're not. You can solve that problem -- and, Mr. Attorney, I want you to understand. I
want a resolution that eliminates multi target areas as a category, but allow for any grant recipient to
allocate, in their grant submission, who they are providing the services for and the methodology that they
use. And we can get this thing resolved real fast.
Ms. Warren: Commissioner...
Chairman Plummer: Let me ask a question.
Ms. Warren: ...I would suggest that you've already done that. We eliminated the target areas.
Commissioner Teele: No. Your notice in the newspaper -- and, see, that's where the thing is all blown out
of proportion, and I'm not going to call the names of any organizations. But you say Allapattah, Coconut
Grove, downtown. You've got these specific target areas and, then, you say multi target. And the problem
with the multi target is two hundred and ninety-two thousand dollars ($292,000), a hundred and twenty-five
thousand dollars ($125,000), forty thousand dollars ($40,000). But -- so, the big dollars are up in there. But
when you talk about, for example, Overtown, it's twenty-eight thousand dollars ($28,000), twenty-two
thousand dollars ($22,000). Model Cities. A hole in Model Cities. Fifty -- forty thousand people.
Forty-four thousand dollars ($44,000). The whole pot.
Chairman Plummer: Well, what's the difference in Coconut Grove? They're a target area?
Commissioner Teele: They're a target area if..
Chairman Plummer: They're for -- they're getting...
Commissioner Teele: Their target area is twenty-four thousand dollars ($24,000) and nineteen thousand
dollars ($19,000).
Chairman Plummer: Yeah, forty-three thousand dollars ($43,000) total.
Commissioner Teele: J.L., how many people live in West Grove, in the target area?
166 July 27, 1999
Chairman Plummer: Approximately, four thousand.
Commissioner Teele: That's -- you're getting forty thousand dollars ($40,000) for four thousand people and
I'm getting forty-four thousand dollars for forty thousand people.
Chairman Plummer: I'm not saying that this is all right and all wrong, but let me look at some of the others.
Look at -- go downtown Miami. They got a total of fifteen thousand dollars ($15,000). Look at Omni.
They get nothing.
Commissioner Teele: How many people -- how many CD (Community Development) eligible people live
in downtown -- Overtown or Downtown Miami? How many people -- this is not about areas. This is about
people.
Chairman Plummer: I've not taken a census, so I don't know the answer.
Commissioner Teele: How many people live in downtown Miami? And I guarantee you, every one of them
you all will find, you're spending time -- you and Jay and these guys sitting out here are spending time trying
to get them out of downtown and off the boulevards, so...
Chairman Plummer: Well, you know, it's all well and good, but you look at six hundred thousand dollars
($600,000) allocations, you look five hundred thousand dollars ($500,000) allocations. You look at all of
those different allocations, all right, and let me tell you, people are going to be asking questions and they
should be asking questions. Because I will tell you that I don't feel that they're getting their proportionate
share. Now -- and I'm not speaking to just social service moneys, OK, and I'm not talking to just feeding.
What I'm talking to is overall. And you're talking about public service, is that just the feeding programs?
Ms. Warren: This is just -- yes, sir.
Chairman Plummer: Just the feeding?
Ms. Warren: This is all we're talking about.
Chairman Plummer: Well, let me tell you something. Omni is looking for big things, OK?
Ms. Warren: You recommended them in your Five -Year Plan.
Chairman Plummer: I hear you, but I haven't seen any dollar signs with numbers after them.
Ms. Warren: We'll be back.
Commissioner Teele: Mr. Chairman, I would move Item Number 4, with the proviso that the matter be also
referred to the Community Development Advisory Committee, and if they have recommendations for those
changes and those changes...
Chairman Plummer: There's a motion on the floor.
Commissioner Teele: ...must come back to us.
Commissioner Sanchez: Second.
167 July 27, 1999
Chairman Plummer: Seconded by Sanchez.
Commissioner Sanchez: Second.
Chairman Plummer: Mr. Mariano Cruz, you wish to speak to the issue?
Mr. Cruz: Yes.
Chairman Plummer: I just want to remind everybody, we've been sitting here now for nine hours and we're
on Item Number 4. If you're number six or seven, good luck. Go ahead. Mariano.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I speaking on this item of public service. I
got some background on this. I've been a member of the Community Development Board since Dr.
Sandoval was there, when Dena Spellman was the director by the City. Also, I was a social worker for the
Little Havana Activity Center. After all, I'm from Allapattah Community Action, which I was a founding
member. Allapattah Community Action and Allapattah Community Development Authority. Here, what I
see -- many of the things here -- I don't know, but I agree with the things, as long as they follow the federal
guidelines and laws of the land. I don't think they probably see that the board is working for the staff,
instead of staff working for the board. The other way around. Because many of these meetings or
something here, they're not being advertising. I don't know any of these meetings about the 10-day rule, the
30-day rule, and all that because you are reallocate money or something. You have to have a notice in the
paper about what's going on with the money, how you're going to use the money. That's federal law. It's not
being followed. One other thing that they got here. Some of the meetings, the whole thing's wrong. I don't
know who does the -- copyright this thing because here they say, Allapattah Communication and they say
transportation for the elderly. Allapattah Community doesn't do transportation for the elderly. And that
came in the paper that way. It's not -- Action Community Center is not transportation for the elderly, and
that's me. I didn't know -- I don't have a degree from Harvard or a seat. And another thing, I saw a
translation in Spanish. That was the best one. What they translate block grants as "cuadras," like "cuadras"
for a street. Who seen that? You read that? There is no meaning to what you read in the advertising. I don't
know who is doing the copyrighting, but it's bad. Get somebody there because it's plenty of money in that
20 percent administration fee to get somebody that know English and Spanish. You don't translate literally,
word by word. One thing that I see here, if I participate -- I participate on this -- I don't know they elected
anymore. I was -- and I was here. Where is the Allapattah elected representative? How come he's not here?
He's supposed to be here to represent us, the Allapattah members. That's what we're supposed to be.
Because I was on disability and whatever happens there in my neighborhood affects me one way or the
other. Bad or good, but affects me. If it is at the Allapattah Community Action. And I see here, too,
duplicity of service because I see...
Chairman Plummer: Mr. Cruz?
Mr. Cruz: ...placement, employment. How many people are doing employment (unintelligible) is spending
so many computers and so many things on 1313 36th Street and we doing...
Chairman Plummer: Mr. Cruz?
Mr. Cruz: I know.
Commissioner Sanchez: Mr. Chairman?
Mr. Cruz: Next time. Next item.
168 July 27, 1999
Chairman Plummer: Thank you. Mr. Sanchez.
Vice Chairman Gort: Mr. Sanchez, if you'll yield a minute?
Commissioner Sanchez: Yes, sir. I will yield to Commissioner Gort.
Vice Chairman Gort: Mr. Cruz, for your information, my understanding is Allapattah has been underserved
only by one percent, and that one percent, my understanding is, we're going to get back now.
Commissioner Sanchez: J.L., I will personally...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I would stand up for my social services in my district. I visit...
Chairman Plummer: You should.
Commissioner Sanchez: ...each and every one of them. And let me just tell you something. I will fight
each and every one of these Commissioners for a penny in my district. If anybody tries to take any money
from my social services, I will fight you to the end.
Chairman Plummer: That's no problem. You'll go to sleep. We'll sneak in at night.
Commissioner Regalado: We'll do that, but the problem...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: No. The point I'm trying to make is that Gwen has been in every meeting of the
different districts, and she understands that the need has grown in the last year or two years, especially in the
Flagami area, which it's an elderly population that -- it needs more help sometimes. So, I would ask -- I
mean, I don't want to be repetitious all the time, but I have a problem with the problems that may arise frorn
here to whenever this is organized, that these programs will get the funding and that we will be able to --
soon to determine what money, if any, we can, additional, give to these programs. That's all I want to say.
Ms. Warren: That's what we're trying to do.
Chairman Plummer: Eleanor, please.
Ms. Eleanor Kluger: Listen up, Commissioners, just one moment. Let me speak.
Chairman Plummer: You've got -- I'm sure not going to cut you off. Everybody else has had their piece.
Ms. Kluger: OK. You appoint nine members and we pick another nine members to the Citizen's Advisory
Board or the board that we have, all right. They try very hard to do what you say. Why isn't it fair? All
right. We have had a series of around six to eight meetings. We have had the Commissioners come down
and listen in each target area. All right. We have come up with this plan. This is a working plan. Your
staff is doing a good job. The only thing I have trouble with, right now, is that the people that you have
asked to come down there and make things fair get no respect, no respect, and it comes because of you, the
Commissioners. If you would direct staff to put us into this process, then you would have some
169 July 27, 1999
representation. There are eight of us that come to every meeting, that talk about our area, and we have zip,
no power whatsoever. Now, if you want to change things, you put us in with this. You elect who you want.
You get these citizens to come and work with staff. We are willing. We are able. We have spent one
hundred hours, approximately, on this plan here and, yet, we don't even have the courtesy of our names
listed on here. People that have come and talked for 15 minutes have their name here, but those people on
our board, that have been dedicated, don't even get their name here. This is the consideration? We are a
bunch of potted plants, like I've been talking about. We have no power, whatsoever. We have no chance to
advise you on anything, and it's ridiculous. If you want us to continue as a board, then give us a little bit of
power. Do something that we can represent you, then you know that you're being represented. I have been
on this board now -- this is my third year and I have complained constantly that it is not a fair board. It is
not a fair process. We want to change it. The staff wants to change it. Many people want to change it. We
want to address all your problems and all the inadequacies of it. Give us the chance.
Chairman Plummer: I think it goes without saying, if you're not going to use this board and respect this
board, get rid of them. Now, you know, I understand what they're saying. They go and spend a hundred
hours in doing their job, what we ask them to do. You know, I'm not so worried about their name being on a
piece of paper or on a book, but I am -- we're asking them to do recommendations, then I think they should
have the opportunity to stand up here, as their Chairman has the opportunity, and address this Commission
and say, "hey, we, the advisory board, who you asked us to serve, recommend the following." And we used
to do that. We used to do that. Because I can remember some hellish battles between Frank Castaneda and
the advisory board. I mean, knock down, drag out fights, because the advisory board would get up here and
they would fight like hell for the things that they were talking, and the administration would do the same.
Now, I think it is absolutely wrong, Gwen. If you don't want that board, you don't want their advice -- I
think we do -- then, tell them so, but don't let them spin their wheels. I think that's absolutely -- I think
Commissioner Teele is the one who's has been adequate about that on almost every board. If they're not
used, they're not worldwide, they're not beneficial, and they're not being adhered to, let's get rid of them.
Well, I think the Commission would like this board, but let me tell you something. In the future, this board's
Chairman or designated representative should have as much stand at that podium as you do at this one here
and let us know what their thoughts are...
Commissioner Sanchez: Absolutely.
Chairman Plummer: Because they truly represent the community.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: I'm not finding fault, Gwen. Don't get me wrong.
Ms. Warren: No. I'm...
Chairman Plummer: What I'm saying is...
Ms. Warren: ...deeply apologetic.
Chairman Plummer: ...use them or lose them.
Ms. Warren: Yes, sir.
Commissioner Sanchez: Mr. Chairman, so moved, with the friendly amendment placed by Commissioner
Teele.
170 July 27, 1999
•
Chairman Plummer: Excuse me. We still have people who wish to speak.
Ms. Mary Hill: That's right.
Commissioner Sanchez: Oh, I'm sorry.
Ms. Hill: Please.
Chairman Plummer: Mary, for the third time today.
Ms. Hill: Well, I can't talk enough because I see a lot of things going on here need to be talked about all day
long, maybe a week and it still won't be through talking. Now, I want to make it clear to you, don't
underestimate my capacity.
Chairman Plummer: Who is?
Ms. Hill: And my ability.
Commissioner Sanchez: No one.
Ms. Hill: No one. I don't mean you, per se. I mean everyone who is interfering and involved. My name,
first, is Mary Hill. I know a lot of you know me. And I live at 146 Northwest 67 Street. I am the founder,
again, of the Economic Opportunity Acts and Amendment, public laws on the White House books. I
created, from my efforts, Title XX, Revenue Sharing, what you all are calling Matching Funds, that's
coming through HUD. And I want you to know, I am not pleased with what I hear. Social services. If we
keep up with the laws from the White House, social services is not the ones that's supposed to take care of
the needs of these people. RFP's (request for proposals) were created -- my document here -- May 1979,
RFP's was created, when the laws was on the books from my effort in 1967. Sixty-two from my home. This
is another back door scheme to admit -- to not recognize the director, national director, to put an
administrative body in place to work with the City, the County, the State legally. This is -- I am the one,
from my effort, that was approved, from my effort, in the White House, brought into the State of Florida.
We are being derided, the poor people. And they're set up as being derided. We're coming in the back door
with your RFP's, your social services Ms. Warren is talking about. That's dead. That came under Johnson's
War on Poverty. Economic Development, that is not the moneys that you're using down here. Somehow,
we're getting wrong information through Ms. Warren and a set up, which she is a part of the City, and I
respect her because she -- I guess she is part of you all administrative body. And I'm not ridiculing anyone.
I don't want any hard feelings. Even when Cedar came here, that's when they made the RFP's. The law was
already here way back, and from my home. Nineteen sixty-four, I expanded from my home Johnson's War
on Poverty. Nineteen sixty-seven is on the White House books. Now, what I'm asking for today -- if you
don't -- I'm not going to keep talking because I hear somebody say, "we heard you many times." It is getting
to the point now, it is ripe and it's ready to move to another level, which I will be filing if you don't adhere
and if you don't call me in to finish what I started from the White House for the needs in these poor areas.
Chairman Plummer: Thank you, ma'am.
Ms. Hill: Because this law represent the poor people and these neighborhoods, which I started, and took off
of Culmer Center, EOPI, put over on 16th Street and 3rd Avenue, under common name. This not it. EOPI
is continuation of its programs that's supposed to be here. These moneys is not in a BDG, B -- or whatever
you call it. It is a Community Economic Development, United States Code Book, 42USC2981(b) Section
171 July 27, 1999
•
•
14(a).
Chairman Plummer: Ma'am? Mary?
Ms. Hill: Amended.
Chairman Plummer: Mrs. Hill?
Ms. Hill: Authorization of a...
Chairman Plummer: I would ask you...
Ms. Hill: ...by this administrative...
Chairman Plummer: ...please, to speak to the issue.
Ms. Hill: The issue is. You had over there Ms. Warren speaking about her Economic Development. You
had her speaking about RFP funds. You had her speaking about her Plan...
Chairman Plummer: OK.
Ms. Hill: ...and her five-year extension.
Chairman Plummer: All right.
Ms. Hill: And when it's EOPI extension by law.
Chairman Plummer: OK.
Ms. Hill: And which supposed to be recognized. And, please, call me in because I will file a Supreme
Court order after this point.
Chairman Plummer: Thank you.
Unidentified Speaker: Are we going to get to the PZ (Planning and Zoning) matters today?
Chairman Plummer: Sir, I can't answer that. Three times today I've tried to tell people yes or no on a given
item and, sir, three times I've been wrong, and I don't want to be number four -- you to be number four, OK?
All I can tell you is, sir, we're going to go through the agenda. These are the items we're going to do, that
the administration, the Manager, has told me have got to be done, and I don't think there's any PZ on these,
OK?
Vice Chairman Gort: All right. That's fine. Let move...
Chairman Plummer: We're going to move along. What? The gentleman is asking, are we going to do PZ
items? And I said, I don't know.
Vice Chairman Gort: We have a motion...
Chairman Plummer: When I tried to tell you that the other item was going to be put off until the end, you all
172 July 27, 1999
jumped my case. Mr. Cisneros.
Mr. Pablo Cisneros: Yes. Pablo Cisneros, 1420 Brickell Bay Drive, Miami. I'm a member of the
Community Development Advisory Board. And I'm glad that Commissioner Plummer mentioned the fact
that the Citizen Preservation Plan was approved years ago. We're supposed to abide by it, I think. I'm
supposed to answer to you guys, same as the members of the board that are here, and I've been told by our
Chairman that that's the way it's supposed to be done. The complaint is that I don't think this Commission
has told the Department of Community Development that this is the Plan and we should abide by it, nor we
have, as a board, looked at any of the applications, nor we know of any of the meeting of the Community
Development Advisory Board because we have not been told when is the next meeting. So, I'm just warning
you again.
Chairman Plummer: All right, sir.
Mr. Perez -Cisneros: I've been...
Chairman Plummer: Well, you heard Mr. Teele.
Ms. Perez -Cisneros: ...called a liar before. I don't think I am. I don't lie to you, guys.
Chairman Plummer: You heard Mr. Teele say there's got to be another meeting of the advisory board, and if
you're not notified, then you come back here and we'll jump somebody's case. Yvonne McDonald, please.
Ms. Yvonne McDonald: Yvonne McDonald, 3631 Franklyn Avenue, Coconut Grove. I'm the Director of
the Coconut Grove Local Development Corporation, which also has a social service component, the
Coconut Grove Family and Youth Intervention Center. And I am very concerned about the fact that
Coconut Grove is an area that will not be considered as one of the areas that is underserved, and I would like
to find out exactly how much money, as Commissioner Teele has stated, that the community is generating?
I think that that's a part of the concerns that we have in our community, is that, for far too long, we know
that CDBG funding has definitely been lagging in our community, and we have four agencies that,
traditionally, have received CDBG funding, and very few of the applications that come out of our
community are awarded. I'd like to know about new agencies that would like to apply. The Coconut Grove
Family Youth Intervention Center, for example, is an agency that has a history, of five years now, servicing
in Coconut Grove. We have not received any funding through the CDBG process, but we have applied
consistently over the past five years. One of the concerns that I also have is the fact that, what
Commissioner Plummer has said and Commissioner Teele has said. It appears that District 2, for example,
seems to be the district where moneys are being not recommended for funding. And we need to look at
what is CDBG supposed to be doing in the targeted areas. In those communities where social services are
exceptional and services are being provided and agencies are performing, those communities should be
commended. Those agencies should be recognized. In communities where agencies are not performing,
they should be monitored, evaluated and eliminated, if they're not being -- providing the services. However,
what we are concerned about are the people that we're serving. And in those communities, the services still
need to be provided. We need to look at those agencies that are providing the services and insisting that
they provide the services or that they work with agencies or other organizations in those communities to
provide the service. The service is needed. The citizens in those communities still need to receive funding
and, therefore, the agencies that are not providing the services in the targeted areas needs to be held
accountable, but the people who live in those communities still need the programs. And, so, if there are
agencies in the City of Miami that need to come into those communities, then, I say we need to be looking at
that, not looking at the fact that those communities should not receive their fair share of funding to do what
the communities need. I am very concerned with the fact that, for example, Coconut Grove have other
173 July 27, 1999
social service issues that are not being served at all. In particular, we have a concern about substance abuse.
We have a concern about our youth and after school activities, where we don't have providers who are really
able to work with certain youth in the community because we just haven't been able to get funding for some
agencies to do that particular service. Substance abuse is a very, very serious concern in our community.
We currently have no agency really funded to provide that service through our CDBG process, and we have
applied consistently. And, so, my concern, again, is that, as Commissioner Plummer has stated, that what do
you say to the community? And believe it -- that the community is going to be very, very interested in
meeting with our representatives to find out what we can do, as a community, to get our fair share. And the
provider is not the issue. If we need to have a different provider, then that's fine. But what we are talking
about is a service that is needed and, therefore, the service should be the concern. And, if we don't have that
particular service in our community and moneys are not coming to our community because we don't have
that service, then we need to look at getting the agencies in the neighborhood, finding the resources from the
various neighborhoods that can provide the resources or agencies that serve the City at large to come into
the communities and provide the needed service. That's my concern, as a director of an agency in Coconut
Grove. I'm not concerned about whether or not the LDC or St. Auburns or the Coconut Grove Boys and
Girls Club is receiving their funds. I am really concerned about the fact that we do not have some areas in
our community served at all, because we don't have a provider there and, so, that money is not coming to
Coconut Grove. And, so, how do we work that problem out? Is, again, look at what Commissioner Teele is
saying. Look at the need in the community, look at the population, and look at what services need to be
there, and where do we get the moneys or the provider to do that.
Chairman Plummer: Thank you, ma'am. Well, I think we have our last speaker.
Ms. Helena Del Monte: Helena Delmonte, representing Association for the Development of the
Exceptional. I almost didn't come to the podium to speak because I think the message is loud and clear, that
there is no dollars and that there will be no RFP for the existing dollars that we share, but I have to speak
because I am the voice of the forgotten of our society, adults with disabilities, and I speak for one hundred
adults with disabilities in Wynwood. And, gentlemen, I really respect their dignity and I have never paraded
them here. I am their voice. But you have to realize that, first of all, we are not a national organization. All
of them come from extremely impoverished homes. Sometimes they come without lunch and we even have
to provide lunch for them, even though we do not qualify for a lunch program. Our main funding sources,
the Department of Children and Families, and I don't have to tell you that each year we're cut instead of
increased. I have 98 percent participants in a waiting list, not being able to access services. Again, they're
all adults. I don't have a cute little Down Syndrome child in a wheelchair that I can parade with pity. And I
am here to cry for help. I am only receiving thirteen thousand three hundred dollars ($13,300) from the City
annually, and I cannot continue to survive. I realize that you all have almost a miracle job in your hands,
and I am asking for a miracle. I thank you for your time.
Chairman Plummer: The needs are great and I think that every year that we look, there's like six to eight
million dollars ($8,000,000) worth of requests for two million dollars ($2,000,000) worth of money, And I
guess it has to go back and be said that, we, the City, can't be all things to all people. All we can hopefully
do is be fair in the way we divide it. Item 4 is a resolution. Is there a motion?
Commissioner Teele: I moved it already.
Chairman Plummer: Moved Teele and seconded...
Commissioner Teele: Subject to it going back to the Community Development Board advice, and if there
are any changes, it must come back to us for their -- to consider their recommendations, their comments.
174 July 27, 1999
Commissioner Sanchez: I second the amendment.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-548
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ALLOCATING $2,278,555 OF 25' YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FOR THE PERIOD OCTOBER 1, 1999 - SEPTEMBER 30, 2000 TO
AGENCIES CURRENTLY FUNDED UNDER THE PUBLIC
SERVICES CATEGORY THAT HAVE MET PROGRAMMATIC
REQUIREMENTS OF THE 24TH YEAR CDBG CONTRACT AND
ALSO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE AGENCIES LISTED ON THE
AFOREMENTIONED ATTACHMENT IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY; AND FURTHER DIRECTING THE
CITY MANAGER TO SOLICIT REQUESTS FOR PROPOSALS TO
ALLOCATE A TOTAL OF $986,926 OF CDBG FUNDS TO
PROVIDE PUBLIC SERVICE PROJECTS IN THE EDISON LITTLE
RIVER, FLAGAMI, LITTLE HAVANA, MODEL CITY AND
OVERTOWN AREAS OF THE CITY OF MIAMI FOR THE PERIOD
JANUARY 1, 2000 - SEPTEMBER 30, 2000.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: We really -- and let me commend you, Mr. Chairman, because this day has really
175 July 27, 1999
•
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gone slowly.
Chairman Plummer: No kidding.
Commissioner Teele: And, yet, one of the things that I tried to do -- and I appreciate what Chief Warshaw --
Manager Warshaw and Ms. Warren have done -- is, by moving this item out of the appropriations process
when we're having budget hearings, it's made our budget hearing night a lot shorter, so -- I mean, we don't
appreciate it today but we'll appreciate it during the budget hearing. One of the concerns, Gwen, that I have
in this area is, we need to get on the ground now and start to document and quantify what the last speaker
just talked about. Now, I made this observation two years ago -- 18 months ago when we talked about
housing and the support that we're giving, particularly, historic preservation kinds of projects, et cetera. It
took us almost 18 months before we hired a structural architect and inspectors to do that. I would like to
recommend to you all, that you go out and select, as a part of your administrative budget, go out and select
an accounting firm that can begin to do some auditing, performance auditing, as it relates to areas, especially
where be need to provide more services and more support. And I'm, particularly, moved by the concern in
Wynwood about that unique kind of problem. I believe everything that the speaker is saying, but it would
be very helpful if we could document who those one hundred people are and how all of that's working. And
I really do think that under the technical assistance or program compliant areas, we should have -- you
should have on staff an outside accounting kind of firm that can really go in and work to ensure that we're
getting the right information, and that we can then move to get more dollars available to those organizations.
Because I can tell you now. If we had the money, I would be trying to help, but we don't have that
information base and we need to have an information base if we're going to take those actions. But I
commend you. The one point that I would also make, that Commissioner Plummer, I think, lightheartedly
said something that he really didn't mean. We don't have money to pay these board members. We're not
going to give them stipends. We're not going to start doing that. The only thing we can give them is respect
and recognition. That Five -Year Plan should be amended to include, not only who's the Board of City
Commission and the Manager and all of that, but it also should include the -- prominent, not in the back and
who participated, but it's presented jointly by them, by you all, and by us. And I think that the Community
Development Advisory Board, those members that have participated in the meetings, should be properly and
fully recognized in the document itself, and I would hope that, administratively, you all can handle that once
because, you know, you're going to have to redo it anyway to do some amendments, that we'll amend that to
do that. Because recognition and respect is all we can give these people.
Ms. Warren: You know, at the last advisory board meeting...
Vice Chairman Gort: Thank you.
Ms. Warren: ...they agreed -- we agreed that they will be featured in the introduction.
Commissioner Teele: Well, I would hope that they would be in this one, before it goes forward.
Ms. Warren: That's what we mean...
Commissioner Teele: Yeah, OK.
Ms. Warren: ...the final version. This is the first and now we've got to rewrite it...
Commissioner Teele: Right.
Ms. Warren: So, they'll be there, believe me.
176 July 27, 1999
0 0
Commissioner Teele: Thank you.
14. EMERGENCY ORDINANCE: AMENOORDINANCE NO. 11463, WHICH. ESTABLISHED A
SPECIAL REVENUE FUND ENTITLED `.`LOCAL LAW ENFORCEMENT BLOCK GRANT
PROGRAM' PROVIDE FOR INCREASE .($47,732.04) -= PROVIDE FOR APPROPRIATIONS;
CORRECT SCRIVENER'S ERRORS IN ORDINANCE NOS. 11463, 11547, 11680, 11686 AND 11783
TO ACCURATELY REFLECT .THE AMOUNTS APPROPRIATED TO SAID FUND BY EACH
ORDINANCE AND TO SPECIFY THE AMOUNTS OF EACH GRANT.
Vice Chairman Gort: Thank you very much. And now, gentlemen, we've had a lot of people been waiting
here for a long time. My understanding is, next item we go to is Item 14. The Administration has 14, 20,
31, 39, 41, 45. Item 14.
Mr. Alejandro Vilarello (City Attorney): Item 14...
Vice Chairman Gort: Item 14.
Mr. Vilarello: ...is an Emergency Ordinance
Vice Chairman Gort: Proposed Emergency Ordinance.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second the motion.
Vice Chairman Gort: Is there any discussion?
Commissioner Regalado: No.
Vice Chairman Gort: It's an ordinance. Will you read it? Roll call. Next item is Item 20.
Mr. Walter Foeman (City Clerk): Second roll call.
Mr. Vilarello: Second roll call.
Chairman Plummer: Item 20.
Mr. Foeman: Second roll call. Excuse me.
Commissioner Sanchez: Second roll call.
Mr. Foeman: Second roll call.
177 July 27, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11463, AS
AMENDED, WHICH ESTABLISHED A SPECIAL REVENUE
FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK
GRANT PROGRAM"; THEREBY PROVIDING FOR AN
INCREASE TO SAID FUND, IN THE AMOUNT OF S47,732.04
FOR THE MONTH OF MAY, REPRESENTING INTEREST
EARNED FROM SECOND YEAR GRANT FUNDING MONIES;
PROVIDING FOR THE APPROPRIATIONS TO SAID FUND OF
ANY INTEREST EARNED FOR FISCAL YEAR 1998-1999,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR APPROPRIATION OF SAID INTEREST;
FURTHER CORRECTING SCRIVENER'S ERRORS IN ORDINANCE
NOS. 11463, 11547, 11680, 11686 AND 11783 TO ACCURATELY
REFLECT THE AMOUNTS APPROPRIATED TO SAID FUND BY
EACH ORDINANCE AND TO SPECIFY THE AMOUNTS OF EACH
GRANT; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez and seconded by Commissioner Teele, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded by
Commissioner Teele, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
178 July 27, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11818
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public
15. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND "COPS
3-1-1", TO ESTABLI.S'H INITIAL RESOURCES AND APPROPRIATIONS, AND AUTHORIZE
EXPENDITURES, ($423,737),-CONSISTING OF GRANT" FROM THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, COPS TECHNOLOGY
GRANT AWARD; AUTHORIZE MANAGER TO ,ACCEPT GRANT AND EXECUTE THE
NECESSARY DOCUMENTS ,
Chairman Plummer: Item 20. We're jumping around at the request of the Manager. Item 20 is a grant of
four hundred and twenty-three thousand seven thirty-seven for the...
Commissioner Teele: So move the item, Mr. Chairman.
Chairman Plummer: Moved by...
Vice Chairman Gort: Second.
Chairman Plummer: ... Teele. Seconded by Gort. Read the ordinance.
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.
179 July 27, 1999
•
•
Passed on its first reading, by title, at the meeting of July 13, 1999, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Vice
Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was
passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11819
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
16. AUTHORIZE MANAGER TO ISSUE REQUEST FOR PROPOSALS (REP) TO PROVIDE
PROFESSIONAL TECHNICAL CONSULTING SERVICES TO, DEPARTMENTS OF
GENERAL SERVICES ADMINISTRATION, POLICE AND FIRE -RESCUE, PURSUANT TO
ISSUANCE OF REPORT OF CITYWIDE 800 MHZ TRUNKED RADIO SYSTEM WITH
RECOMMENDATIONS FOR REPAIRS, MODIFICATION, OR OTHER UPGRADES;
AUTHORIZE MANAGER TO SUBMIT HIS RECOMMENDATIONS TO COMMISSION.
Chairman Plummer: Item 31. To go out with an RFP (Request for Proposal) for the Citywide, eight
hundred...
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Moved by Teele. Seconded by Gort. It's a resolution. Anyone wishing to
discuss Item 31? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous, without dissent
180 July 27, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-549
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS (RFP) TO PROVIDE PROFESSIONAL TECHNICAL
CONSULTING SERVICES TO THE DEPARTMENTS OF GENERAL
SERVICES ADMINISTRATION, POLICE AND FIRE -RESCUE,
PURSUANT TO THE ISSUANCE OF A REPORT OF THE
CITYWIDE 800 MHZ TRUNKED RADIO SYSTEM WITH
RECOMMENDATIONS FOR REPAIRS, MODIFICATION, OR
OTHER UPGRADES; FURTHER AUTHORIZING THE CITY
MANAGER TO SUBMIT HIS RECOMMENDATIONS TO THE CITY
COMMISSION, FOR ITS REVIEW AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
17. PROPOSED MILLAGE RATE FOR CITY OF MIAMI, FOR FISCAL', YEAR OCTOBER 1,
1999 TO SEPTEMBER 30, 2000; MANAGER TO SUBMIT TO MIAMI-DADS COUNTY
PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE
PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCALI
YEAR.
Chairman Plummer: Item 39. Item 39 is the setting of the millage rate for September -- starting October 1,
1999. Mr. Manager? Mr. Manager, any comment on Item 39?
Mr. Luie Brennan: If I may...
Mr. Donald Warshaw (City Manager): Before the Budget Director. Other than the fact that this is
something that we need to do to...
Vice Chairman Gort: We could always call it back.
181 July 27, 1999
Mr. Warshaw: Right, exactly.
Chairman Plummer: All right. You can always do less, but you can't do more. Is that what it is?
Mr. Brennan: That's correct.
Chairman Plummer: All right. Now, my real question. This is showing a half a mills decrease?
Mr. Warshaw: This is showing a full 10 mills.
Mr. Brennan: A full ten mills, and the debt service is one point four mill.
Chairman Plummer: But we understand that the debt -- that the millage -- we fully intend to drop a half a
mill?
Mr. Brennan: That is correct.
Chairman Plummer: OK.
Mr. Warshaw: We understand your intent to do that in September.
Chairman Plummer: No, more than intent.
Commissioner Sanchez: As of now, it's just an intent.
Chairman Plummer: OK. Item 39 is moved by...
Commissioner Sanchez: I'll move it.
Vice Chairman Gort: Move it.
Chairman Plummer: By Sanchez. Seconded by Teele. It's a resolution. Understand, it's for the full 10
mills, which cannot -- well, it really can't go up so, it can only go down. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
182 July 27, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-550
A RESOLUTION OF THE MIAMI CITY COMMISSION
COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF
MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1,
1999 AND ENDING SEPTEMBER 30, 2000; DIRECTING THE CITY
MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO
THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE
TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF THE PUBLIC HEARING AT WHICH THE CITY
COMMISSION WILL CONSIDER THE PROPOSED MILLAGE
RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL
YEAR.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
18. AUTHORIZE DOWNTOWN DEVELOPMENT ("DDA") AUTHORITY TO ESTABLISH
PROPOSED MILLAGE. RATE OF ON&HALF (1/2) MILL, FOR FISCAL YEAR OCTOBER 1,
1999 TO SEPTEM13ER 30, 2000; COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO
THE MIAMI DADE COUNTY TAX ; COLLECTOR TOGETHER WITH THE DATE, TIME AND
PLACE OF PUBLIC HEARINGS AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER
THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE:BUDGET.
Chairman Plummer: Next item is 40.
Vice Chairman Gort: Do we need to show the DDA (Downtown Development Authority) it is not on the
agenda? DDA...
Chairman Plummer: It's on here.
Mr. Alejandro Vilarello (City Attorney): It is on the agenda.
Mr. Donald Warshaw (City Manager): It's the next item.
183 July 27, 1999
Mr. Vilarello: That's Item 40.
Chairman Plummer: That's Item 40 and that we're that. It's a resolution authorizing...
Commissioner Teele: Second the motion by Commissioner Gort.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Teele. All in favor of the DDA millage of a half a mill
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous by dissent. No dissent.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-551
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY
("DDA") TO ESTABLISH A PROPOSED MIL LAGE RATE OF ONE-
HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER
30, 2000; AND AUTHORIZING AND DIRECTING
COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO
THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER
WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARINGS
AT WHICH THE MIAMI CITY COMMISSION WILL CONSIDER
THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE
BUDGET FOR SAID FISCAL YEAR.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
184 July 27, 1999
1.11 � . ,;.
19. METHOD TO ASSESS SOL. I -,� I H) WASTE COSTS AGAINST ASSESSED., PROPERTY (TAX
NOTICE); PREPARATION OF ASSESSMENT ROIL.
Vice Chairman Gort: We need Item 15, which is...
Chairman Plummer: Item 41. I'm going to cover the Manager's requests first, all right? Solid Waste
assessed costs. Mr...
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Mr. Patterson, you got any questions?
Mr. Clarence Patterson: I prefer that we...
Chairman Plummer: All right. Do you have any comments you wish to make?
Ms. Bertha Henry (Assistant City Manager): No, I don't.
Chairman Plummer: All right.
Vice Chairman Gort: No. It's authorizing a public hearing.
Chairman Plununer: This is a public hearing? No, it's not.
Commissioner Sanchez: No, no. It's authorizing a public hearing.
Chairman Plummer: All right. This is not -- no.
Mr. Warshaw: The public hearing will be in September.
Ms. Henry: It's part of the budget. This is the TRIM Notice for Solid Waste.
Chairman Plummer: Yeah, OK. All right. All in -- anybody wishing to address Item 41? Let
the record reflect no one came forth. A motion made by Teele. Seconded by Sanchez. All in
favor of 41 say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
185 July 27, 1999
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The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-552
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID
WASTE SERVICES, FACILITIES AND PROGRAMS IN THE
CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF
ASSESSING SOLID WASTE ASSESSED COSTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF
MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
20. REQUEST FOR QUALIFICATIONS FOR THE PROVISION OF SOLID WASTE HAULING
OF COMMERCIAL, BIOMEDICAL RECYCLABLE, AND/OR HAZARDOUS MATERIALS.
(See section- # 22)
Chairman Plummer: Item 45. Item 45 is a discussion concerning the Request for Qualifications for the
provision...
Commissioner Teele: Before you take that item up.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would move Item 41A.
Chairman Plummer: Sir, I would rather stick with the Manager's requests. We can come back to that, sir.
Let me get the Manager's priorities first. I'll comeback to that immediately after we do 45. Let's do 45. -
Commissioner Sanchez: Mr. Chairman, as the Chairman for the Commercial Solid Waste Management
Advisory Committee, I would like to elaborate a little bit on what agreements we've come forward with the
186 July 27, 1999
Request for Qualification and also on the agreement, and also on similar requests that were made by this
Commission. So, if you would allow me to.
Chairman Plummer: Mr. -- you're the Chairman of that committee, sir?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Take over.
Commissioner Sanchez: Thank you. April 27, '99 resolution 99-297, which allowed the implementation
and establishes a Commercial Solid Waste Management Advisory Committee to the City of Miami for the
purpose of advising on issues related to Solid Waste Management within the City. After several meetings
with the advisory committee and also with the Assistant City Manager, Raul Martinez, and Mr. Patterson,
along with the members of this advisory committee, negotiations were made and, through the art of
compromising, were able to come together with an agreement on a Request for Qualifications that was
agreed upon and also a non-exclusive franchise agreement between the City of Miami and the haulers.
Also, one important key factor in the negotiations was, language established -- set forth by this Commission,
which stated a language of price controlling, of somehow putting in some type of language that would
protect the taxpayers of the City of Miami from picking up the additional charges that might have been put
out by the haulers. At this time, I would like to have Raul Martinez elaborate a little bit on this negotiations
and also Mr. Patterson.
Mr. Raul Martinez: I thank you, Commissioner Sanchez. Raul Martinez, Assistant City Manager. Like the
Commissioner said, back on June 8th, this Commission gave the Administration the approval to go forward
and bring back to this Commission today an RFQ (Request for Qualifications) and a franchise agreement.
You have both those documents in front of you. The RFQ, basically, it speaks for itself. It's asking for
those that have interest to participate and that will be going out, if you approve it, as quickly as possible.
We have also attached to the RFQ is a draft franchise agreement, which is the meat of what the industry will
be signing with us. Like Commissioner Sanchez said, we have discussed all of the items in this franchise
agreement with the advisory committee and they all have been approved by the advisory committee. It
includes all of the items that this Commission requested, such as in -kind services, neighborhood clean-ups,
so on and so forth. If you want me to, Commissioner, I could go through some of the other issues.
Commissioner Sanchez: Well, let me just...
Chairman Plummer: Well, let's try to do it -- you want to do it by questions or do you want to do it by
issues?
Commissioner Sanchez: Well, let me just elaborate on what the concerns were in this Commission. It
will on take a minute. One was the in -kind donation, which we managed to come to an agreement with
the haulers, through a percentage of what they pick up? How they're going to hold the responsibility of
in -kind donations that's going to save the City a lot of money. Then, you'll get into the part of how much
money will be generated and how much money we were able to save on this negotiation. But one key
factor is -- and I'm there to represent my colleagues -- was that my colleagues, basically, had a concern
with price controls. So, there is language in the agreement, which states, "The contractor acknowledges
that, under this agreement, price control will be primarily extracted through competition amongst the
permitted companies for existing and future accounts. Contractors further acknowledge that any increase
in pricing by the contractor can result in the customer seeking better pricing from other permitted
contractors. Therefore, contractors agree that none of the requirements under any of these articles of this
agreement shall result in an increase of pricing to the customer. The contractor may, however, increase
187 July 27, 1999
services, charges as a result of increasing operating costs, such as, tipping fee, labor, and other related
operating costs." That was a very important factor to put in there because it was directed by this
Commission to have that language set forth in this agreement.
Mr. Martinez: Commissioner Sanchez also, if I may add. We also have the option -- the industry also has
the option to provide any innovative ideas, you know, during the response of this RFQ. So, if they give us
something as a response to the RFQ that we haven't thought about, that hasn't come out through the many
workshops that we have held, we'll consider it. If it makes sense for the City -- if it's in the best interest of
the City, we will add it to the final draft of the agreement. We feel confident we have basically received all
the input with all the meetings, but we want to keep that window open in the event that somebody forgot to
mention something that makes a lot of sense to us. The financial agreements that we will be sending forth
will be, basically, that every company that wants to be in the Solid Waste business will have to pay a yearly
fee of five thousand dollars ($5,000) to be able to pick up solid waste in the City of Miami. For those that
want to pick up specialized waste handling services -- and this is basically recyclables, basically biohazard,
biomedical, construction debris, will pay a lesser fee. Will pay a thousand dollar ($1,000) permit fee per
year to the City. There's also going to be a fifty dollar ($50) per account fee for every account that they
have in the City, and with that account fee, there's going to be a lot of accountability of, you know, what
type of cans, what type of service, level of service, location of bins, so on and so forth, into -- that's coming
into the City. Those are basically the big financial factors that will be coming into the City.
Chairman Plummer: Did I remember, somewhere along the line, that we were talking about a total of
twenty companies?
Mr. Martinez: Commissioner, we -- this will be open to as many companies that want to -- that qualify, first
of all. Because they have to meet the qualification of the RFQ, and they're willing to pay the amounts. We
project maybe around that, but since we have opened up other areas, such as biomedical, biohazard and
recyclable, there may be other companies like construction debris that were not part of the commercial Solid
Waste, but under our new interpretation, our new language, will be covered under this agreement. And we'll
make sure -- we will mail everybody -- all those companies -- a copy of this RFQ and franchise agreement.
Because if they don't sign within the 30-day period that they have to respond, they basically will be
forbidden from doing those type of services in the City of Miami.
Chairman Plummer: I had asked on a number of occasions about the thing that they do on Miami Beach or
did do on Miami Beach, about all companies having to provide three or four times a year. Tell me how that
is provided in this document.
Mr. Martinez: Commissioner, it's provided in two different places. First, it was in -kind services. The
industry agrees they will pick up every City facility. And we're working through the advisory committee,
how the formula's going to work. If you have 25 percent of the accounts, you'll get 25 percent of the City
buildings, whether it be the administration building or a city park or NET office, so on and so forth.
Vice Chairman Gort: What about percentage basis?
Mr. Martinez: Likewise, the same percentage is going to be used for community clean-ups. If we say that
each of 13 NET areas are going to have three clean-ups a year or four clean-ups a year, so on and so forth,
they'll get a percentage. The volume -- the proportionate of the accounts that they hold will be the
percentage of the clean-ups that they have to participate in. The industries have agreed to do that.
Chairman Plummer: All right. Do we have, at least, three bulk times a year?
188 July 27, 1999
Mr. Martinez: I'm not sure, Commissioner, what you mean by bulk time.
Chairman Plummer: Well, what I outlined that they did on Miami Beach, three times a year -- I think it was
-- they would bring the 40 yard container -- I think is the largest one -- and people in the neighborhoods
could bring bulk items and throw them into the canister and not have to throw their into the yards and throw
them into vacant lots, and that program worked very successful on Miami Beach. And I think this is golden
opportunity to get that same system here. The only problem that you would have to worry about, now that
the County charges people to go and dump, that people aren't going to take advantage of it and come into the
City and dump their bulk from the County to save money. But I think it's a very important factor. Mr.
Teele. Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, if I may add. That was not one of the things that we negotiated or
we talked about. However, we did talk about in kind donations on the big projects that.go on in the City.
Now, this advisory committee will meet on a monthly basis, and it's set forth to create recommendations, put
forward ideas that will benefit the City. Also, benefit the services and also, in the long run, the clients.
That's something that we could, in the near future, discuss with the haulers. But, at this time, just to sit on
the records, we have not discussed such an item.
Mr. Martinez: But let me clarify, Commissioner Sanchez. Under neighborhood clean-ups, that is exactly
what we were looking for. The industry will go out on a Saturday. You know, two or three Saturdays a year
in Allapattah. Two or three Saturdays in Model City. Two or three Saturdays or Sundays, whatever, they
will set up a roll -off -- it will be manned -- to make sure that, you know, construction companies don't go
there and dump it. You know from eight to five or nine to five, whatever the hours, you know, and we'll tell
-- we advertise it. Next Saturday, in Little Haiti, Northeast 2nd Avenue, 62nd Street, we're going to have a
roll -off for any of the discardables.
Chairman Plummer: That's what I'm talking about.
Mr. Martinez: That's correct. And that's part of the neighborhood clean-up.
Chairman Plummer: All I'm trying to do is avoid the dumping in vacant lots.
Mr. Martinez: Correct.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: No. I was just going to share that, through that program, we could do the dumping
that you were talking about.
Mr. Martinez: Yes, sir.
Commissioner Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: I would just, Mr. Chairman, like to thank the people that participated in this
negotiating progress. I think that both sides, including the City and the private haulers, acted in good faith.
There was some topics that we did not come to a full agreement on but, in the long run, we both gave up a
little bit and we met at the 50 yard line. So, I'd just like to thank everybody who participated in this.
Chairman Plummer: All right. What action is needed by this Commission?
189 July 27, 1999
Commissioner Sanchez: To move.
Chairman Plummer: Hello? ,
Commissioner Sanchez: To accept the...
Vice Chairman Gort: Make a motion.
Chairman Plummer: Well, it's here for discussion. I mean, you want a motion to send it out? What do you
want?
Mr. George Wysong (Assistant City Attorney): Actually, we have a resolution prepared, authorizing the
Manager to send out the RFQ. So, we need a motion on the resolution.
Chairman Plummer: RFP and the RFQ?
Commissioner Sanchez: So moved.
Mr. Wysong: RFQ. RFQ only.
Mr. Martinez: RFQ and the draft agreement. It's an attachment to the RFQ.
Commissioner Sanchez: So moved to send out the request for qualification.
Chairman Plummer: All right. By Sanchez. Seconded by Gort. Anybody wishing to discuss the item? All
in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition. Show unanimous.
190 July 27, 1999
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The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-553
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS
("RFQ"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE
PROVISION OF SOLID WASTE HAULING SERVICES; DIRECTING
THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE
DEPARTMENT OF SOLID WASTE TO EVALUATE SAID
RESPONSES AND DETERMINE THE QUALIFIED PROVIDERS;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
COMMERCIAL SOLID WASTE NONEXCLUSIVE FRANCHISE
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE QUALIFIED PROVIDERS, AND TO PRESENT SAID
AGREEMENT TO THE CITY COMMISSION FOR ITS REVIEW
AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
21. AUTHORIZE ENGAGEMENT OF ' .LOCKE LIDDELL & SAPP, LLP, LAW FIRM
BANKRUPTCY MATTER OF FLYING BOAT, INC. d/b/a PANAM AMBRIDGE, (AKA
CHALK'S), U.S. BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS
DIVISION; ALLOCATE FUNDS ($32,000), PLUS COSTS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
Chairman Plummer: Commissioner Teele, wanted Item 41A.
Commissioner Teele: I voted yes on that item.
Chairman Plummer: I'm sorry?
Commissioner Teele: Yes. I just wanted to bring up Item 41A.
191 July 27, 1999
Chairman Plummer: Well, it's up now.
Commissioner Teele: So moved.
Chairman Plummer: Item 41A is in reference to Chalk Airline. The engagement of an attorney for
thirty-two thousand dollars ($32,000) in Dallas. Moved by Teele. Seconded by...
Commissioner Regalado: I'll second.
Chairman Plummer: By Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Any opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-554
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
LOCKE LIDDELL & SAPP, LLP, FOR LEGAL SERVICES
PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH
THE BANKRUPTCY MATTER OF FLYING BOAT, INC. d/b/a
PANAM AIRBRIDGE, (AKA CHALK'S), U.S. BANKRUPTCY
COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS
DIVISION, CASE NO. 399-30339-RCM-11; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $32,000, PLUS
COSTS AS APPROVED BY THE CITY ATTORNEY, FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 515001.624401.6.661 FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
192 July 27, 1999
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22. DISCUSS ADVISORY COMMITTEE RELATED, .TO SOLID WASTE HAULING OF
COMMERCIAL, BIOMEDICAL RECYCABLE AND/OR� HAZARDOUS MATERIALS. (See
section # 20)
Commissioner Teele: Mr. Chairman, for the record, I don't know who the lawyer is or the firm is. I'm
advised by the City Attorney that this is an important matter in terms of protecting the City's interest relating
to the Chalks matter and, so, I just wanted to move it forward.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Wait a minute.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Excuse me. For the record, this advisory committee meets quarterly and must
report to the Commission. I would like to stipulate on the record that this will be a meeting and also a...
Chairman Plummer: All right. The Manager now -- Mr. Manager, I need to go back to CA-6, which is a
janitor -- what? Did we vote on Chalks?
Vice Chairman Gort: Yes.
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Teele: No, we didn't.
Commissioner Regalado: No, we didn't.
Chairman Plummer: Well, now, somebody tell me yes or no.
Mr. Foeman: Yes.
Vice Chairman Gort: Yes, we did.
Chairman Plummer: Somebody that knows what the hell they're doing.
Vice Chairman Gort: We did.
Chairman Plummer: Did we vote or we did not?
Mr. Foeman: Yes, we did. Forty-one "A."
Chairman Plummer: We did. All right.
Commissioner Regalado: Mr. Chairman?
193 July 27, 1999
23. RECONSIDER PRIOR DEFERRAL -- ACCEPT BID OF BEST'S MAINTENANCE &
JANITORIAL SERVICES, INC., FOR CUSTODIAL SERVICES FOR POLICE ($269,220) -
WILL HIRE CITY RESIDENTS AND DEVELOPMENTALLY DISABLED PERSONS FROM
HOPE CENTER - EEO PROFILE REQUESTED.
Chairman Plummer: The next item is CA-6.
Commissioner Regalado: Mr. Chairman, before you take that...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: ...can we take 29, because...
Chairman Plummer: Sir, as soon as I get finished the Manager's priority items, I will come back to the
Commissioners first.
Commissioner Regalado: Which are?
Commissioner Sanchez: CA-6.
Chairman Plummer: CA-6, the Janitorial for the Police Department. I have an agreement that the company,
who will receive the award, who have 60 employees, will hire 80 percent of their employees from within the
City of Miami. Commissioner Teele?
Commissioner Teele: Yes, sir.
Chairman Plummer: I think that you were also involved in this, that you should hear what I'm saying. In
reference to the janitorial contract, the awardee, who is to be awarded, has 60 employees and have agreed
that 80 percent of their employees will come from within the City of Miami.
Commissioner Teele: Yeah, I got a ticket on my car today, too, after that discussion, so I'm...
Chairman Plummer: A ticket for what?
Commissioner Teele: Because they're all excited about getting this thing done. Usually they get...
Chairman Plummer: Well, before we vote, let me go check my car. All right. A motion made by...
Commissioner Teele: Teele.
Ms. Maria Chiaro (Assistant City Attorney): Mr. Chairman, you must reconsider. This item was deferred.
Commissioner Teele: Motion to reconsider -- well, actually, we never voted on it.
Chairman Plummer: We did not vote on it.
Mr. Walter Foeman (City Clerk): Yeah, but it was deferred over to the next agenda.
194 July 27, 1999
C.
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Chairman Plummer: Huh?
Mr. Foeman: It was deferred in the morning over to the next Commission agenda.
Chairman Plummer: We voted on the Consent Agenda, excluding Item CA-6. We didn't vote on
it.
Mr. Foeman: That item was deferred and, automatically, you didn't vote on it
Chairman Plummer: I said excluding CA -- what do I have to do? Come on. Let don't play games.
Vice Chairman Gort: Reconsider CA...
Commissioner Teele: Move to reconsider the...
Chairman Plummer: Move to reconsider 6A. All in favor...
Commissioner Teele: Deferral of Item CA....
Chairman Plummer: ...of the reconsideration...
Mr. Foeman: Yeah.
Chairman Plummer: ...say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-555
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA
ITEM CA-6 (PROPOSED JANITORIAL/CUSTODIAL SERVICES
FOR THE POLICE DEPARTMENT).
[Note for the Record: said item was immediately thereafter passed with
the proviso that Best's Maintenance & Janitorial Services, Inc. will hire
City of Miami residents to compose at least 80 percent of its employee
workforce and to further hire two developmentally disabled persons
from the Hope Center.]
195 July 27, 1999
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Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Moved by Commissioner Teele. Seconded by Sanchez to approve, under the
stipulation so provided by the awardee. All in favor say "aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-556
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF BEST'S MAINTENANCE & JANITORIAL SERVICES,
INC., FOR THE PROVISION OF CUSTODIAL SERVICES, FOR THE
POLICE DEPARTMENT AT AN ANNUAL AMOUNT NOT TO
EXCEED $269,220, FOR THE POLICE HEADQUARTERS
BUILDING, NORTH AND SOUTH SUBSTATIONS, SATELLITE
OFFICES (MARINE PATROL, MOUNTED UNIT, & DAVIE
HERRING CENTER), MINI -STATIONS (OMNI, OVERTOWN,
EDGEWATER, & NORTHEAST) AND THE AUTO POUND, FOR A
PERIOD OF ONE YEAR (1) WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT
ACCOUNT CODE NO. 00 1000.290201.6.3 40.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
196 July 27, 1999
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Commissioner Sanchez: Wait, wait, wait. And the agreement that they will hire two developmentally
disabled citizens from the Hope Center.
Chairman Plummer: That's fine. I didn't hear that, but I guess that's agreeable...
Mr. Donald Warshaw (City Manager): Yes.
Unidentified Speaker: Yes, they have agreed to that.
Commissioner Plummer: OK. Now, Mr. Teele.
Commissioner Teele: Mr. Chairman, I would like to see an EEO (Equal Employment Opportunity) -- I
would like for you all to do an EEO profile of this company. And, also, I'd like to see just a list of the
residents in the City of Miami versus the non-residents. Whatever is convenient.
Mr. Warshaw: OK.
Commissioner Teele: It's not a condition.
24. APPOINTMENT OF CHARLIE"COX (AFSCME), LAURENCE WRIGHT AND DAMES TURNER
(CIGU) AS MEMBERS OF THE, BOARD OF TRUSTEES 'OF THE CITY OF .MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST:.
Chairman Plummer: All right. There's a request on Item 49, which is important because of the Pension
Board. The three names that are proffered are Mr. Cox, Mr. Lawrence Wright, and Mr. James Turner.
Commissioner Teele: So moved.
Chairman Plummer: So moved by Teele.
Vice Chairman Gort: No, wait a minute. Wait. Hold it, hold it, hold it.
Chairman Plummer: Hold it, hold it. You don't want Cox?
Vice Chairman Gort: No, I don't want Cox.
Chairman Plummer: All right. Well, who else can we get?
Vice Chairman Gort: Second.
Commissioner Teele: I'll accept the motion to delete Cox.
Vice Chairman Gort: Second.
Chairman Plummer: You guys are really in rare form.
Commissioner Teele: Mr. Chairman, I would move the three proffered names.
Chairman Plummer: All right. Item 49, it's a resolution. The threes name for the Miami General
197 July 27, 1999
Employees...
Commissioner Sanchez: So moved.
Chairman Plummer: ...and Sanitation Employees Retirement Trust Fund. Moved by Teele. Seconded by
Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-557
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS
AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
25. AUTHORIZE INCREASE IN CONTRACT ($200,000),.. WITH MIAMI BUSINESS
TELEPHONE, QUALITY WIRING, INC., AND FLORIDA ' INTRANET GROUP, FROM
$200,000 TO A TOTAL ANNUAL AMOUNT OF $400,000, FOR TELECOMMUNICATIONS
WIRING, FOR DEPARTMENT OF INFORMATION TECHNOLOGY AS -NEEDED CONTRACT
BASIS FOR VARIOUS DEPARTMENTS;, ALLOCATING FUNDS FROM OPERATING BUDGETS
OF USER -DEPARTMENTS. .
Chairman Plummer: Item 32 by the Manager.
Vice Chairman Gort: Mr. Manager?
Chairman Plummer: Item 32.
198 July 27, 1999
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Major Joseph Longueira: Commissioners, this is to increase the contract on the wiring. And the reason we
want it, we're doing the NET (Neighborhood Enhancement Team) offices and it impacts on wiring the
NET's.
Chairman Plummer: Moved by Sanchez. Seconded by Teele on Item 32. Anybody wishing to
discuss Item 32? Seeing none, all in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-558
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT IN AN
AMOUNT NOT TO EXCEED $200,000, WITH MIAMI BUSINESS
TELEPHONE, QUALITY WIRING, INC., AND FLORIDA
INTRANET GROUP, FROM $200,000 TO A TOTAL ANNUAL
AMOUNT OF $400,000, FOR TELECOMMUNICATIONS WIRING,
UNDER BID NO. 96-97-109, FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY ON AN AS -NEEDED CONTRACT
BASIS FOR VARIOUS USER DEPARTMENTS; ALLOCATING
FUNDS THEREFOR FROM THE OPERATING BUDGETS OF USER
DEPARTMENTS AND REQUIRED BUDGETARY APPROVAL
PRIOR TO USAGE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
199 July 27, 1999
26.. EMERGENCY ORDINANCE: AMEND CODE SECTION 38.-9 "PARK FEES. FOR THE USE
OF VIRGINIA KEY PARK" TO SPECIFY THAT 'PARK FEES AT -VIRGINIA KEY PARK
SHALL BEYORTHE. USE OF BEACH FACILITIES—~JIMBO'S FISH MARKET.
Chairman Plummer: Now, I'm going to take a privilege. I want one item. I've done everybody else's. I
want one. Item 16. Mr. City Attorney, explain 16 on Jimbo's? Come on. Make it quick.
Mr. Alejandro Vilarello(City Attorney): The proposed amendment to the ordinance simply requires that the
fee be paid by any individuals who are using the beach area. The beach area, we have to staff with
lifeguards. That's the reason we charge the fee. Anybody who does -- other than those people using the
beach, does not have to pay a fee.
Chairman Plummer: So, it's a voluntary, honesty board?
Mr. Vilarello: Yes.
Chairman Plummer: OK. Is there a motion? By Sanchez. Seconded by Regalado. All in favor of Jimbo's,
say -- what do you want?
Mr. Raul Martinez (Assistant City Manager): May I say something?
Chairman Plummer: No. Go ahead.
Mr. Martinez: Raul Martinez, Assistant City Manager. I just want to make sure that this word
change is going to make it operationally very difficult, when somebody gets to that toll booth.
All this says is, I'm going to -- I'm not going to the beach and we have no way of checking.
Chairman Plummer: Sure, you do. You put a tag on the dashboard -- a dated tag on the dashboard and if
they're at the beach and they don't have that dated tag, call the patty wagon.
Mr. Martinez: What I'm saying, Commissioner, it would require, then, a second person. One person at the
toll booth. Another person checking cars.
Chairman Plummer: No. The lifeguard can check it.
Vice Chairman Gort: You know how many cars...
Commissioner Regalado: This is the same that we had in Watson Island when they rent...
Chairman Plummer: Absolutely.
Commissioner Regalado: ...the area for parking. And people that were going to the fish markets were asked
to pay. So, what you have to do, Raul, is, I guess, have them bring -- do you have both ways? Just one way.
Mr. Martinez: One way, one way.
Commissioner Regalado: One way.
200 July 27, 1999
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Mr. Martinez: But, Commissioner, we'll find our way to make -- I just didn't want to make sure that it
becomes operational more difficult to collect at the toll booth.
Chairman Plummer: All right. So, what I understand is, then -- let me understand. This is an honesty
system. Those going to Jim Bo's will not be charged. The people going to the beach...
Mr. Vilarello: Commissioner, the ordinance allows -- charges a fee for those individuals using the beach.
Chairman Plummer: Right.
Mr. Vilarello: Anybody else who has access to the park does not have to pay the fee.
Chairman Plummer: OK.
Mr. Vilarello: It's not Jim Bo's. It's anybody else...
Mr. Martinez: It's not Jim Bo's.
Chairman Plummer: All right. Anybody else in the park. That's fine.
Mr. Vilarello: ...with access to the park.
Chairman Pluminer: So, when I go buy my salmon... All right. Find a way to do it. Did we vote on Jim
Bo's?
Mr. Vilarello: It's an ordinance.
Chairman Plummer: Read the ordinance.
Mr. Vilarello: This is an emergency ordinance.
Chairman Plummer: Call the roll. First reading. Second reading.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "PARKS AND RECREATION/IN GENERAL," TO
PROVIDE THAT THE ADMISSION FEES AT VIRGINIA KEY PARK
BE PAID ONLY BY THOSE PERSONS USING BEACH FACILITIES;
MORE PARTICULARLY BY AMENDING SECTION 38-9 OF SAID
CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
201 July 27, 1999
C.
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was introduced by Commissioner Sanchez and seconded by Commissioner Regalado, for
adoption as an emergency measure, and dispensing with the requirement of reading same on two
separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded by
Commissioner Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11820
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public
27. EMERGENCY ORDINANCE: AMEND 11655 � WHICH ESTABLISHED SPECIAL
REVENUE FUND 111997' SUPER NOFA'S SUP (SUPPORTING HOUSING, PROGRAM) GRANT
FOR OUTREACH SERVICES TO THE HOMELESS," TO INCREASE APPROPRIATIONS TO
SAID FUND, ($449,622), .CONSISTING OF FUNDS FROM THE UNITED .STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("US HUD"), ADMINISTERED THROUGH THE
MIAMI-DADE COUNTY HOMELESS, FOR THE PROVISION OF OUTREACH, INFORMATION,'
REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID .GRANTS.
Chairman Plummer: Bless you sons, yes. Item 15 by Gort. This is an ordinance. It's an emergency. It's for
the 1997 Super Nofa's SUP (Supporting Housing Program) -- 1997?
Ms. Lyvia Garcia: Yes, sir. These are second and third year grant awards.
Vice Chairman Gort: Name and address.
202 July 27, 1999
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Ms. Garcia: My name is Lyvia Garcia for the Office of Homeless Programs. And this is to accept the
second and third year grant aw irds.
Chairman Plummer: OK.
Commissioner Sanchez: Second.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance. Motion understood?
Call the roll. This is on -- this is an emergency ordinance. Two readings. Second reading.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11655 WHICH
ESTABLISHES THE SPECIAL REVENUE FUND ENTITLED "1997
SUPER NOFA' S SHP (SUPPORTING HOUSING PROGRAM)
GRANT FOR OUTREACH SERVICES TO THE HOMELESS," TO
INCREASE APPROPRIATIONS TO SAID FUND, IN THE AMOUNT
OF $449,622.00, CONSISTING OF FUNDS .RECEIVED FOR THE
SECOND AND THIRD YEAR GRANT AWARDS FROM THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ("US HUD"), ADMINISTERED THROUGH THE
MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), AN
AGENCY OF MIAMI-DADE COUNTY, FOR THE PROVISION OF
OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND
PLACEMENT SERVICES TO HOMELESS INDIVIDUALS BY THE
CITY OF MIAMI FOR A PERIOD OF THREE YEARS;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTS
AND EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
203 July 27, 1999
Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner
Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11821
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public
28. DISCUSS AND TABLE: PROPOSED AMENDMENT OF CODE RELATED TO
IMMOBILIZATION OF MOTOR VEHICLES (BOOT 'CARS) PARKED, ON PRIVATE
PROPERTY WITHOUT PERMISSION OR AUTHORITY CONSIDER PASSING AS
EMERGENCY. ,[See section # 571
Chairman Plummer: Mr. City Attorney, on Item 25, I asked that to be an emergency, predicated on us not
losing our ability, through a County mandating us to turn around.
Mr. Alejandro Vilarello (City Attorney): This item can be considered Monday, without an impact.
Chairman Plummer: All right. So, in other words, a second reading, you mean?
Mr. Vilarello: No, this would be -- it just needs to be adopted before October 1st.
Chairman Plummer: All right. Now, the price of this in twenty-five dollars ($25)?
Mr. Vilarello: We have received -- in fact, the Manager received a request for additional information with
regard to the analysis placed on the pricing of this and, perhaps, we can address that between now and
Monday's meeting.
Chairman Plummer: Just for your information, the police have come to my knocking door and they're
worried about an administrative fee because this is going to fall in the laps of them when people come there
and the car is booted.
Mr. Donald Warshaw (City Manager): Why don't we take a look at it between now and Monday and we'll
meet with you, J.L...
Chairman Plummer: Mr. Manager, that's fine. But, remember, if the County invokes their rules, they can
placate us and lock us out of the boot, all right. And you're talking about 85 to a hundred and fifty dollars
($115) that the County fee is going to set. That's why I am such a rush to get the City fee done. Can I do it
204 July 27, 1999
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on first reading today?
Mr. Vilarello: If we can -- since this is -- Monday will be a continuation of this meeting, I'd rather...
Chairman Plummer: All right.
Mr. Vilarello: ...look at this on Monday.
Chairman Plummer: All right. On an emergency basis?
Mr. Vilarello: The emergency nature of it doesn't change from today until Monday. As long as it's adopted
by October 1 st, we don't have a problem.
Chairman Plummer: All right, sir. Don't lose it.
29. DISCUSS AND TABLE: PROPOSED SUNSETTING:THE INDEPENDENT COMMUNITY
REDEVELOPMENT AGENCY AND U.S. HOUSINGAND URBAN DEVELOPMENT, FUNDING
POLICY, PROGRAM AND PROCEDURES REVIEW. COMMITTEE. [See section # 561
Chairman Plummer: All right Item 16.
Vice Chairman Gort: You already took it.
Chairman Plummer: Virginia Key? All right. Item 17. Item 17 is -- excuse me -- is a funding policy. It is
four/fifths vote. US Housing and Urban Development Funding Policy. Have we done that, Mr. Clerk?
Mr. Walter Foeman (City Clerk): I'm sorry?
Chairman Plummer: Item 17.
Mr. Foeman: No.
Chairman Plummer: All right. Mr. -- moved by Regalado. Seconded by.Gort. Read the ordinance.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to move this, but I want to make sure, Mr. Attorney, when you said repealing
Division 4?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: We're not repealing Division 4 entirely. We're repealing Section 14-311, the
Evaluation and Review of the Redevelopment Agency. The 14-310 is not being repealed.
Vice Chairman Gort: It's Chapter 4, Article V, is what I read here.
Commissioner Teele: Article V, Division 4
205 July 27, 1999
Vice Chairman Gort: Chapter 14, Article V.
Mr. Vilarello: It's repealing Division 3 and Division 5
Chairman Plummer: Yes, but it says, it's repealing entirely Division 3 and Division 4
Commissioner Teele: No.
Chairman Plummer: It's right here. That's what it says.
Commissioner Teele: This is the only thing we're repealing. You're not repealing the entire Division 4, are
you?
Chairman Plummer:. That's what it says here.
Mr. Vilarello: I'll need to get back to you on that.
Chainnan Plummer: All right. Item 17 will be carried over until Monday.
30. SECOND . READING ORDINANCE: AMEND CODE SECTION 40-97 (a) (1)
"PERSONNEL/CIVIL SERVICE, RULES " AND . REGULATIONS," TO EXTEND THE
PROBATIONARY PERIOD FOR CLASSIFICATION OF � POLICE . OFFICER FROM
CURRENT LIMIT OF 18 MONTHS TO A FLEXIBLE PERIOD OF NOT LESS THAN 18
MONTHS AND NO MORE THAN 24 MONTHS.
Chairman Plummer: All right. Item 18. Eighteen is a Civil Service rule change in reference to pro...
Ms. Priscilla Thompson: Commissioners, this -- Priscilla Thompson (Civil Service Board). This is second
reading on the rule change that was adopted at the last meeting.
Chairman Plummer: Right. This is probationary from 18 months to no more than 24?
Vice Chairman Gort: No less than 18. No more than 24.
Ms. Thompson: That's correct.
Chairman Plummer: Moved by Sanchez.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. Read the ordinance. Stop. Shall I get a third member on the dais?
I am informed that we do not have a quorum.
Vice Chairman Gort: Yes, we do.
Chairman Plummer: Excuse me. Did you see Mr. Teele over here?
Mr. Walter Foeman (City Clerk): No, we didn't.
206 July 27, 1999
Chairman Plummer: You did not see him.
Mr. Foeman: That's right.
Chairman Plummer: That's why you stopped me.
Mr. Foeman: Commissioner Sanchez is out of the office. We need a -- out of the -- from the dais. We need
a mover.
Chairman Plummer: All right. Let's start over, please.
Mr. Vilarello: An ordinance of the Miami...
Chairman Plummer: It's getting -- whoa. It's getting late. Item 18 is now being moved by.
Vice Chairman Gort: I moved it. Teele second.
Chairman Plummer: Moved by Gort. Seconded by Teele. Now, read the ordinance.
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.
Passed on its first reading, by title, at the meeting of July 13, 1999, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
207 July 27, 1999
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11822
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227. I just want to know when is the effective date of the ordinance?
When will it be effective?
Chairman Plummer: Thirty days after second reading. This is second reading today. It becomes effective
30 days from now. And that's a vested interest because, with a very great smile, his daughter just became a
City of Miami Policewoman. God help her. God help her. All right. Call the roll.
31. SECOND 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, 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.
Chairman Plummer: Item 19, moving the office of Professional Compliance from the office of the Police
Chief to the City Manager.
Vice Chairman Gort: Second reading. Move it.
Chairman Plummer: Second reading. Gort -- moved by Gort. Seconded by Regalado. Read the ordinance.
Motion understood? Call the roll.
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
INVESTIGATIONS; MORE PARTICULARLY BY AMENDING
SECTIONS 42-67 THROUGH 42-70; AND CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
208 July 27, 1999
Passed on its first reading, by title, at the meeting of July 13, 1999, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11823
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
32. RESCIND 98-1211, WHICH ALLOCATED $320,000 IN HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM "FUNDING TO THE PROPOSED
EVERGLADES CENTER APARTMENTS PROJECT; AUTHORIZE/ DIRECT MANAGER TO
ALLOCATE $320,000 IN ' FY 1998-99 HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM FUNDS TO THE EVERGLADES _ CENTER" . APARTMENTS PROJECT,
CONSISTING OF 42 UNITS," TO BE LOCATED IN THE DOWNTOWN TARGET AREA AT .282
NORTHEAST 2' STREET; AUTHORIZE MANAGER TO SUBMIT AMENDMENT TO THE CITY
OF MIAMI'S 1998 ANNUAL ACTION PLAN TO ' THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR ALLOCATION OF SAID.FUNDS.
Chairman Plummer: Didn't we do 20?
Vice Chairman Gort: Yes. Twenty-one.
Commissioner Regalado: Twenty-nine, Mr. Chairman.
Chairman Plummer: You wish to have Item 29?
Commissioner Regalado: Yes, sir.
Chairman Plummer: Item 29 brought up by Mr. Regalado. It's a resolution in reference to the Everglades
Center Apartments. Seconded by Mr. Gort. I only have one provision on this. Where is Dena? The
transferability of this. This is a loan or a grant?
Mr. Jeff Hepburn (Assistant Director, Housing): It's a grant.
Chairman Plummer: It is a grant.
Vice Chairman Gort: State your name.
209 July 27, 1999
Mr. Hepburn: Jeff Hepburn, Assistant Director for Housing.
Chairman Plummer: All right.
Mr. Hepburn: It's a grant.
Chairman Plummer: And I've discussed this with -- through the applicants. There was a phone call to my
office that this is being done strictly for profit. What guarantee do we have or written into this document
that these matters, where the City money is being granted, cannot be sold without City approval?
Mr. Hepburn: Well, Commissioner, there's going to be a covenant executed. They're required to provide
housing for low income families for 10 years. Once that happens, basically, they're out of that requirement.
Chairman Plummer: But can the applicants, who are the recipients today, sell or transfer their interest
without Commission approval?
Mr. Hepburn: Yes.
Chairman Plummer: And, in other words, we have no way of enforcing who it's transferred to or who is any
of that?
Mr. Hepburn: Whoever purchase that property or the property's transferred to, would have to live by that
10-year requirement or...
Chairman Plummer: Well, what about...
Mr. Hepburn: That's left.
Chairman Plummer: Excuse me. And, please, I don't want to reflect on the people that are in this
application. What happens if they send it to somebody that's not of high ideals as they are? I'm concerned.
Mr. Hepburn: We're require to go out each year and do an annual inspection to make sure their lease is
up -to -code, to address that particular issue.
Chairman Plummer: If they've got to do a covenant, I would like to see in the covenant that, any transfer of
interest or sale has to be approved by the City Commission, OK? I think it's only fair. All right. With that
proviso, then, Item 29 is a resolution.
Commissioner Teele: Mr. Chairman?
Commissioner Plummer: Mr. Teele.
Commissioner Teele: What is the total amount of federal government funds in this project?
Commissioner Plummer: This project, three hundred twenty thousand is what I'm reading.
Commissioner Teele: That's not correct.
Chairman Pluminer: All right.
210 July 27, 1999
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Mr. Hepburn: Approximately one point one.
Commissioner Teele: OK. And I just want to be on the record now. This is one point one million dollars
($1,100,000). It's going into what target area?
Mr. Hepburn: Downtown.
Chairman Plummer: Everglades.
Commissioner Teele: Downtown. You know -- and, you know, we sat up here for two months and argued
over the Basic Training, which provides housing, free of charge, to people. Nobody could come up with the
money. We argued over it. They needed another four hundred thousand dollars ($400,000.00). And all that
I keep saying, Commissioners, is that there are two levels of government here. There's two systems of
justice in this town, and we...
Chairman Plummer: Mr. Teele, I dis...
Commissioner Teele: J.L., I am not against this.
Chairman Plummer: I understand.
Corrunissioner Teele: But all that I'm telling you is, this is one million dollars ($1,000,000). How much is
it? One...
Mr. Hepburn: One point one.
Commissioner Teele: One point one million dollars ($1,100,000) for 42 units, is that right?
Mr. Hepburn: That's correct.
Chairman Plummer: Mr. Teele?
Commissioner Teele: In the target area of downtown.
Chairman Plummer: Mr. Teele, may I beg of you, sir.
Commissioner Teele: I'm going to vote for it.
Chairman Plummer: I understand you're going to vote for it, and I hear you...
Commissioner Teele: J.L., all I'm saying is that...
Chairman Plummer: ...loud and clear.
Commissioner Teele: ...you're the...
Chairman Plummer: But what I'm going to say to you, sir, is thank God the people in Basic Training, to the
best of my knowledge, are not infected with AIDS (Acquired Immune Deficiency Syndrome), and only
these monies here available, that you're allocating today, are people who are affected by AIDS and 20
211 July 27, 1999
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percent of the rentals have to be...
Commissioner Teele: That is not absolutely correct, Commissioner.
Chairman Plummer: Well, then, tell me what is correct.
Commissioner Teele: Let the staff tell you what's correct.
Chairman Plummer: Tell me.
Mr. Hepburn: Commissioner, we're resending a previous resolution that awarded HOPWA (Housing
Opportunities for Persons with AIDS) dollars. What we're doing today is switching those dollars to HOME
dollars, so the family does not have to be infected with HIV/AIDS.
Commissioner Teele: There you go. And it's a million one dollars ($1,000,001) for 42 units in Downtown
Miami, as compared to -- we just listened to the Overtown people talking about the problem they have, and
that's why there's such a disparity, is that the money goes to whoever is connected, whoever can put the
proposals together, and God bless them. I'm not against it. All that I'm saying is, we've got to be able to
bring into focus the Community Development target areas, OK? Whether it's homelessness, whether it's
poverty, whether it's unemployment. The unemployment rate in downtown is zero percent. The
unemployment rate in Overtown is 50 percent.
Chairman Plummer: All right. My question, then, now has to change. Is a million one the total grant for
the project from the City?
Mr. Hepburn: There's approximately a two hundred thousand dollar ($200,000) CDBG (Community
Development Block Grant) loan as part of that one point one.
Chairman Plummer: OK. So, nine hundred thousand...
Mr. Hepburn: Is grant money.
Chairman Plummer: ...is a grant?
Mr. Hepburn: That's correct.
Chairman Plummer: All right. Then, the covenant would cover all of the grant money allocated by the
City?
Mr. Hepburn: Yes. We're...
Commissioner Teele: But you can't covenant grant money. You've got to covenant the project.
Mr. Hepburn: Whole project.
Commissioner Teele: I mean, you...
Mr. Hepburn: We would covenant the whole project; that they're required to come and get Commission
approval before they transfer...
212 July 27, 1999
Chairman Plummer: Either transfer or sell in the first 10 years?
Mr. Hepburn: That's correct.
Chairman Plummer: OK. I have no problem with that then. That's expensive, though.
Commissioner Teele: May I inquire?
Chairman Plummer: Is this...
Commissioner Teele: What is the total project cost?
Mr. Hepburn: One point five.
Commissioner Teele: No. What is the total -- that's what we're putting in. How much...
Mr. Hepburn: No. We're putting in one point one, but the total project cost, from what I understand, is one
point five.
Chairman Plummer: So, they have...
Commissioner Teele: In other words, the entire project is one point five million dollars ($1,500,000) and of
the one point five, we're putting in one point one?
Mr. Hepburn: That's correct.
Commissioner Teele: You know, guys...
Chairman Plummer: But wait a minute. The applicant is shaking his head no.
Commissioner Teele: We just talked about leveraging five to one and ten to one and those kind of numbers.
You know, guys, I'm telling you. This project has been around for a long time.
Ms. Gwendolyn Warren (Director, Community Development): A long time.
Commissioner Teele: It's been around for a long time. This is the way the City of Miami used to do
business. And, you know, J.L., I don't have any problems with the participants, but all of the people that are
-- whose names are here are distinguished, outstanding citizens.
Chairman Plummer: Absolutely.
Commissioner Teele: They are people of the highest quality. They are multi -millionaires, and I don't have a
problem -- no, no, no, no, J.L. Let's be honest. But when you start talking about a project that's a million
and a half dollars ($1,500,000) and the government is putting one point one of a million and a half, you
know, something's wrong with that equation. We just said we want five to one ratio, if there is going to be a
Home Ownership or rent -- I mean, on rental, OK. I wanted to make it 10 to one. This project is one to one.
And that's what we've got to stop. Because we're not leveraging our dollars.
Chairman Plummer: All right. Mr. Kapustin, you were shaking your head no at the comment of staff.
Would you come up to the microphone and tell me what the "no" was? You have to come to the
213 July 27, 1999
microphone, sir, either you or Mr. Rock. Either one.
Mr. Rafael Kapustin: Rafael Kapustin, 25 Southeast 2nd Avenue, Miami, Florida. In addition to what staff
has said, which is correct, there's a two million dollar ($2,000,000) equity in the property because it's that
existing property owned by the developer. Normally, you would have to go out and acquire the property.
So, in fact, to do your averaging properly, you would have to say, "the developer is coming up with two and
a half million dollars ($2,500,000) and the City is coming up with nine hundred thousand dollars ($900,000)
in grant. So, your ratio is a little bit more conservative, Mr. Teele.
Chairman Plummer: Well, no. Actually, the City's coming up with a million and one, total.
Mr. Kapustin: No. There is...
Commissioner Teele: The City's coming up with a million one. The fact that we're giving...
Mr. Kapustin: That's correct.
Chairman Plummer: Hey, part of it's a loan, doesn't mean any difference.
Mr. Kapustin: That's correct.
Commissioner Teele: ... you a two hundred thousand dollar ($200,000) grant is still our dollars.
Mr. Kapustin: Correct.
Commissioner Teele: But just note -- and, as I've said, I didn't want to put you on the stand because,
obviously, as I've said, you're an outstanding citizen. You've done a lot for this community. You're very
wealthy. You've very distinguished. I support the project because of the history that has been around for a
longtime. But just so that you know, this not directed at you or your organization at all. We're trying to
establish a standard, which we've already said, that we're looking for one to five ratio, minimal, for rental
units or for non ownership units, and under the new standard, this would not meet the standard. At best, it's
one to three.
Vice Chairman Gort: The equation that you have to look at is that, what's left out was the equity by the
property owner, which is two point five million dollars ($2,500,000).
Commissioner Teele: OK, so you put the two million in. The two million is still rounded out to three
million dollars ($3,000,000). I mean, you know, best case scenario. That's still a one to three ratio.
Mr. Kapustin: Well, there's one more point that I'd like to bring up, if I may? I don't think that the
developer should be penalized for being efficient. Let me explain. The units that this developer is putting
up is costing approximately thirty-five thousand dollars ($35,000), which is, we will respectfully say, one
half of what it cost to do the Olympia Building and one third of what it cost to do the Congress Building.
So, sometimes you can play with numbers and ratios, but the fact the developer is doing this, very
economically, should not hurt the ratio and the developer.
Commissioner Teele: Let me tell you. I think that's an excellent point. That's why you're rich and I'm
broke.
Chairman Plummer: Oh, boy. Give me a clientele.
214 July 27, 1999
Vice Chairman Gort: By the way, the Congress does not have any City funding.
Mr. Kapustin: No, I'm just -- right. I'm just saying...
Chairman Plummer: OK. Let's not beat it to death. We've got 40 minutes left. Item 29.
Commissioner Teele: Did we move the item?
Mr. Walter Foeman (City Clerk): Yes.
Chairman Plummer: It's a resolution.
Commissioner Teele: Moved by Commissioner...
Chairman Plummer: It was moved and seconded.
Commissioner Teele: All those in...
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-559
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING RESOLUTION NO. 98-1211, ADOPTED
DECEMBER 8, 1998, WHICH ALLOCATED $320,000 IN
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM FUNDING TO THE PROPOSED
EVERGLADES CENTER APARTMENTS PROJECT;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE $320,000 IN FY 1998-99 HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM FUNDS TO THE
EVERGLADES CENTER APARTMENTS PROJECT,
CONSISTING OF 42 UNITS, TO BE LOCATED IN THE
DOWNTOWN TARGET AREA AT 282 NORTHEAST 2ND STREET,
MIAMI, FLORIDA, BY EVERGLADES CENTER APARTMENTS
PARTNERSHIP; AUTHORIZING THE CITY MANAGER TO
SUBMIT AN AMENDMENT TO THE CITY OF MIAMI' S 1998
ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE ALLOCATION
OF SAID FUNDS, AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
215 July 27, 1999
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•
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
33. SECOND READING ORDINANCE AMEND 11638, ._WHICH ESTABLISHED INITIAL
RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND: "WEED AND
SEED ASSET FORFEITURE," TO INCREASE SAID APPROPRIATIONS ($50,000), GRANT
FROM U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ("FBI").
Chairman Plummer: We're now back to Item 22.
Vice Chairman Gort: Twenty-one.
Chairman Plununer: I'm sorry, 21. Weed and Seed.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Read the ordinance.
Commissioner Sanchez: No, no, no, no. Last time I voted against it. What is it, 22nd?
Chairman Plummer: It's on Weed and Seed.
Vice Chairman Gort: Twenty-one, Weed and Seed.
Commissioner Sanchez: Oh, OK. Move. Second the item.
Chairman Plummer: Come on. Wake up.
Commissioner Sanchez: Hey.
Chairman Plummer: Your snoring is embarrassing me. Read the ordinance. Motion understood?
Commissioner Teele: So moved.
Chairman Plummer: Call the roll.
216 July 27, 1999
0
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.
Passed on its first reading, by title, at the meeting of July 13, 1999, was taken up for its second
and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11824
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
34. SECOND READING ORDINANCE: AMEND CODE SECTION 31-50 "LICENSES AND
MISCELLANEOUS BUSINESS.. REGULATIONS/OCCUPATIONAL LICENSES," BY
AMENDING THE 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.
Chairman Plummer: The next item is 22. Reference to Occupational Licenses. What? That was a subject
of..
Commissioner Sanchez: That was deferred by me.
Chairman Plummer: All right.
217 July 27, 1999
Commissioner Regalado: And it's amended. So, the way that you wanted and all wanted it, is that it does
not have the raises, is that correct, Mr. City Attorney?
Chairman Plummer: Well, as I recall, there were some inequities that were very blatant.
Commissioner Regalado: Right.
Chairman Plummer: And, as such, they were to take it back and not worry about a blanket raise in its
entirety, but address the issues of the discrepancies in the different items there.
Mr. Donald Warshaw (City Manager): It was amended at the last meeting, to eliminate the five percent
increase. So, basically, the overall revenue now is one and a half percent.
Commissioner Sanchez: OK.
Chairman Plummer: All right. Now...
Commissioner Sanchez: So, on the record, it's been amended with -- it's only one percent.
Mr. Warshaw: One and a half percent, correct.
Commissioner Sanchez: One and a half percent, OK.
Chairman Plummer: OK. It's on a second reading. Who moves it?
Commissioner Regalado: I'll move it.
Chairman Plummer: Moved by Regalado.
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Gort. Read the ordinance. This is Item 22.
Mr. Alejandro Vilarello (City Attorney): Commissioner, on the attachment to the ordinance, page 6, Code
Number 0595, entitled Auto Mobilization, that was added there. It was not advertised and, therefore, should
not be there. We need to remove that. It wasn't properly advertised.
Chairman Plummer: Motion understood. Call the roll.
218 July 27, 1999
•
•
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS/OCCUPATIONAL LICENSES," BY
AMENDING THE 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; MORE
PARTICULARLY BY AMENDING SECTION 31-50 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 July 13, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11825
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
35, DESIGNATE OMNI AREA AS THE CITY'S ARTS, ENTERTAINMENT AND MEDIA
DISTRICT.
Chairman Plummer: Can I take privilege? This lady has been here all day and I know she's waiting for this
one item, which will take 22 seconds or less. A resolution of the Miami City Commission declaring the
Omni area as an arts, media and entertainment district.
Vice Chairman Gort: Move it.
Commissioner Sanchez: Second.
Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor say "aye."
219 July 27, 1999
•
11
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-560
A RESOLUTION OF THE MIAMI CITY COMMISSION
DECLARING THE OMNI AREA AS AN ARTS, MEDIA AND
ENTERTAINMENT DISTRICT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Eleanor, now you can go home.
Commissioner Regalado: No. But, J.L...
Chairman Plummer: It's a pocket.
Commissioner Teele: What number was that item?
Chairman Plummer: That was Item Number 2,864.
Mr. Alejandro Vilarello (City Attorney): Under Commissioner Plummer on the discussion item.
Chairman Plummer: Yes.
Commissioner Teele: But what item was...
Chairman Plummer: It was not an item. I took it as a personal privilege to let Eleanor go home.
Commissioner Teele: So, that's a pocket item?
Mr. Vilarello: It is on Commission...
Mr. Donald Warshaw (City Manager): It's one of the discussion items.
Chairman Plummer: One of the discussion items, I'm sorry.
220 July 27, 1999
.7
•
Mr. Vilarello: District 2...
Chairman Plummer: What item is that?
Mr. Vilarello: District 2, Item B.
Chairman Plummer: Did you hear that, Mr. Teele?
Commissioner Teele: Yes, sir.
Chairman Plummer: District 2, item whatever. All right. Item 20...
Commissioner Regalado: Ten, ten.
36. FIRST READING ORDINANCE: AMEND CODE = SECTIONS- 2-88.7 AND 2-892
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," TO ESTABLISH THE
PARKS ADVISORY BOARD.
Chairman Plummer: All right. Item 23. Item 23 is the creation on first reading of a Parks Advisory Board.
Vice Chairman Gort: First reading, I'll move it.
Chairman Plummer: Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez.
Mr. Albert Ruder (Director, Parks and Recreation): Commissioner.
Chairman Plummer: Mr. Ruder.
Mr. Ruder: There's just two small modifications.
Chairman Plummer: All right, sir.
Mr. Ruder: If you agree with them on first reading. Section 2(a)(1). Number five should say, instead of the
"City's Historic Preservation Officer," it should say, "The citizen with professional knowledge of local
history to be chosen by the City Commission from recommendations by local non-profit historical
organizations and institutions of higher education." And, also, under number two, the ex-officio members,
instead of being chosen by the Park's director, they should be chosen by the board because there's six
ex-officio members.
Chairman Plummer: All right. Where's my gentleman?
Mr. Ruder: Greg Bush. I think he was here earlier, but I'm not sure if he was able to come back.
Chairman Plummer: All right. Are you in accord with this, Mr. Ruder?
221 July 27, 1999
•
Mr. Ruder: I am, yes.
Chairman Plummer: OK. All right. So, it's -- then it's been moved and seconded. Now, Mr. City Attorney,
read Item 23. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS," TO ESTABLISH THE PARKS ADVISORY
BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POWERS,
AND DUTIES; TO PROVIDE FOR MEMBERSHIP,
QUALIFICATIONS, TERMS OF OFFICE, FILLING OF VACANCIES,
OFFICERS, MEETINGS, QUORUM AND ATTENDANCE
REQUIREMENTS, AND ASSIGNMENT OF STAFF, AND TO
PROVIDE FOR THE "SUNSET" REVIEW OF SAID BOARD EVERY
FOUR YEARS; MORE PARTICULARLY BY ADDING TO
ARTICLE XI NEW DIVISION 11, AND BY AMENDING SECTION 2-
887 AND 2-892 OF SAID CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
37. PROPOSED FIRST READING ORDINANCE: AMEND CHAPTER '53/ARTICLE IV, OF
THE CODE: "CONVENTION CENTER OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI,
JAMES L. KNIGHT," CHANGING RATE SCHEDULE FOR USE AND OCCUPANCY AND
FOR SERVICES IN CONNECTION WITH MIAMI CONVENTION CENTER.
Chairman Plummer: Item 24 is the rate schedule for the University of Miami, James L. Knight pink
elephant. Moved by...
Commissioner Sanchez: Which number is that?
222 July 27, 1999
Chairman Plummer: Twenty-four.
Commissioner Sanchez: Twenty-four.
Chairman Plummer: Moved by Gort. Seconded by? Moved by Gort. Seconded by?
Commissioner Sanchez: Second.
Chairman Plummer: Sanchez. Anybody wish to discuss Item 24? Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 53/ARTICLE IV, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"CONVENTION CENTER OF THE CITY OF
MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT," BY
CHANGING THE RATE SCHEDULE FOR THE USE AND
OCCUPANCY OF AND THE SERVICES FURNISHED OR TO BE
FURNISHED IN CONNECTION WITH THE MIAMI
CONVENTION CENTER; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Item 26 is in reference to alcoholic beverages.
Mr. Alejandro Vilarello (City Attorney): That was pulled.
Mr. Donald Warshaw (City Manager): That was pulled
Chairman Plummer: That was pulled. I'm sorry.
223 July 27, 1999
38. EMERGENCY;. WAIVER OF'REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AUTHORIZE MANAGER, TO SOLICIT INFORMAL BIDS FOR THREE (3) SAFE
NEIGHBORHOOD PARK BOND PROGRAM (SNPBP) PROJECTS: MOORE PARK
($1,070,000), VIRRICK PARK ($1,500,000), AND SHENANDOAH PARK .($90'0,000)...[See ]able #
41,]
Commissioner Sanchez: Mr. Chairman, can we hear nine, 10 and 11?
Chairman Plummer: I'll do anything you want. Nine, 10 and 11.
Commissioner Sanchez: Yes, sir.
Chairman Plummer: First item is nine, Neighborhood Park Bond Program.
Commissioner Sanchez: Three parks --big projects on those big parks. That's Moore Park, Virrick Park
and Shenandoah Park.
Chairman Plummer: How much am I getting for Virrick?
Mr. Jim Kay (Director, Public Works): Virrick Park right now, what's available is one point five million for
construction. Virrick Park.
Commissioner Sanchez: So moved.
Chairman Plummer: OK.
Commissioner Regalado: I will second that.
Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Anybody wishing to discuss Item 9?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
224 July 27, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-561
A MOTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
AUTHORIZING THE CITY MANAGER TO SOLICIT INFORMAL
BIDS FOR THREE SAFE NEIGHBORHOOD PARK BOND
PROGRAM PROJECTS: MOORE PARK IN AN AMOUNT NOT TO
EXCEED $1,070,000; VIRRICK PARK IN AN AMOUNT NOT TO
EXCEED $1,500,000; AND SHENANDOAH PARK IN AN AMOUNT
NOT TO EXCEED $900,000, AND FURTHER AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER FOR SAID PROJECTS.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mr. Alejandro Vilarello (City Attorney): This requires a four/fifths vote.
39. PROHIBIT VEHICULAR ACCESS; SUBJECT TO THE APPROVAL OF MIAMI-DADE
COUNTY TRAFFIC DIRECTOR TO � SOUTHWEST 15TH AVENUE BETWEEN ITS
INTERSECTION WITH SOUTHWEST 8Tn STREET AND THE SOUTHERLY PROPERTY
LINE OF DOMINO PARK, TO PERMIT DEVELOPMENT�OF A PUBLIC PEDESTRIAN PLAZA.
Chairman Plummer: Item Number 8.
Commissioner Sanchez: Ten, ten.
Commissioner Regalado: Ten, 10, 10.
Chairman Plummer: What about 8?
Commissioner Regalado: No, 10, the Tower Theater.
Chairman Plummer: All right. We've done nine. We're now up to 10.
225 July 27, 1999
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Chairman Plummer: This is blocking out the street for the Domino Park. Moved by Sanchez. Seconded by
Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-562
A RESOLUTION OF THE MIAMI CITY COMMISSION TO
PROHIBIT VEHICULAR ACCESS, SUBJECT TO THE
APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC
DIRECTOR, TO SOUTHWEST 15TH AVENUE BETWEEN ITS
INTERSECTION WITH SOUTHWEST 8TH STREET AND THE
SOUTHERLY PROPERTY LINE OF DOMINO PARK IN THE
CITY OF MIAMI, FLORIDA, TO PERMIT DEVELOPMENT OF A
PUBLIC PEDESTRIAN PLAZA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
226 July 27, 1999
•
•
40. EMERGENCY WAIVER OF REQUIREMENTS FOR COMPETITIVE 'SEALED BIDS FOR
THE AUDIO,. VISUAL AND CONCESSION EQUIPMENT FOR THE CITY -OWNED TOWER
THEATER; AND , AUTHORIZING ,THE CITY MANAGER TO SOLICIT INFORMAL BIDS AND
EXECUTE A CONTRACT, .WITH THE LOWEST. RESPONSIVE, AND RESPONSIBLE BIDDER(S);
ALLOCATING FUNDS FROM CAPITAL'IMPROVEMENT PROJECT NO: 322061, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCE NO. 11705.
Chairman Plummer: Item 11 is the Audio Visual and Concession Equipment for the City -owned Tower
Theater.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Chairman Plummer: It is a resolution on a four/fifths vote. Moved by Sanchez. Seconded by Regalado.
Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Chairman Plummer: This is in reference to the Tower Theater, Mr. Teele.
Commissioner Teele: Oh, yes.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-563
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, FOR THE AUDIO, VISUAL AND
CONCESSION EQUIPMENT FOR THE CITY -OWNED TOWER
THEATER; AND AUTHORIZING THE CITY MANAGER TO
SOLICIT INFORMAL BIDS AND EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER(S);
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 322061, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCE
NO. 11705, AS AMENDED.
227 July 27, 1999
•
•
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item 13. Is Mr. Johnakin still here?
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Chairman Plummer: He left, so we'll defer that over until Monday.
41. EMERGENCY WAIVER OF REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AUTHORIZE MANAGER TO SOLICIT INFORMAL BIDS FOR THREE (3) SAFE
NEIGHBORHOOD PARK BOND PROGRAM (SNPBP) PROJECTS: MOORE PARK
($1,070,000), VIRRICK PARK ($1,500,000),. AND SHENANDOAH PARK ($900,000),
AUTHORIZE MANAGER .TO ENTER INTO AGREEMENT(S), WITH LOWEST RESPONSIBLE
AND RESPONSIVE BIDDER(S) -- ALLOCATE FUNDS FROM ' CAPITAL IMPROVEMENT
PROJECT. See label # 3.8.
Mr. Alejandro Vilarello (City Attorney): Item 9 required a four/fifths vote and, I think, there was not a roll
call.
Chairman Plummer: Item 9 needs a second roll call.
Mr. Vilarello: Needs a roll call.
Chairman Plummer: We did a roll call, didn't we?
Mr. Donald Warshaw (City Manager): You just did it unanimously.
Chairman Plummer: Did we do it unanimous? All right, then, make us legal. Call the roll on Item 9.
Mr. Walter Foeman (City Clerk): It was moved -- for the record, it was moved by Commissioner Sanchez.
Seconded by Commissioner Regalado.
Chairman Plummer: All right, sir.
228 July 27, 1999
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-564
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 AUTHORIZING THE CITY
MANAGER TO SOLICIT INFORMAL BIDS FOR THREE (3) SAFE
NEIGHBORHOOD PARK BOND PROGRAM (SNPBP) PROJECTS:
MOORE PARK IN AN AMOUNT NOT TO EXCEED $1,070,000,
VIRRICK PARK IN AN AMOUNT NOT TO EXCEED $1,500,000,
AND SHENANDOAH PARK IN AN AMOUNT NOT TO EXCEED
$900,000, AND FURTHER AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT(S), WITH THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER(S) FOR SAID SNPBP
PROJECTS AS DESCRIBED IN ATTACHMENT "A"; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NOS. 331380, 331316 AND 331360, AS APPROPRIATED BY THE
ANNUAL APPROPRIATIONS ORDINANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
229 July 27, 1999
42. DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND
CODE SECTION 50-310 "SHIPS, VESSELS AND WATERWAYS/CITY
MARINAS/COMMERCIAL VESSELS"; TO ALLOW CURRENT SIGHTSEEING BOAT
DOCKAGE AGREEMENT HOLDERS OPERATING WITHIN THE 'INSIDE BASIN OF
MIAMARINA TO OPERATE A SECOND, SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS.
Chairman Plummer: Now, I'm completely lost. Item 27, according to the Manager, is the next item on the...
Commissioner Teele: Mr. Chairman...
Chairman Plummer: No. We're skipping around so damn much, I can't keep up with it.
Commissioner Teele: Mr. Chairman, what time are we going to stop?
Chairman Plummer: We're stopping at 9 o'clock sir.
Commissioner Teele: I think we should do the Planning and Zoning items.
Vice Chairman Gort: Little bit more now.
Commissioner Teele: I mean, we...
Chairman Plummer: No, sir. Nine o'clock. That's it.
Commissioner Teele: Yeah. But, see, that's what I'm saying. It's not fair to have people to come here --
these are all constituents. These are...
Chairman Plummer: Sir, I am at the pleasure of the Commission. Do you wish to stop and do Planning and
Zoning?
Commissioner Teele: Mr. Chairman, I would urge that we do the Planning and Zoning items.
Chairman Plummer: We are now on the Planning and Zoning items, which is another agenda,
which I don't have. Does anybody got...
Ms. Lucia Dougherty: Mr. Chairman? Mr. Chairman, could I ask...
Chairman Plummer: Just wait a minute.
Ms. Dougherty: Sure.
Chairman Plummer: I don't have an agenda. Somebody give me... We are on PZ -- OK. Just for the
record, all other items, besides PZ, are continued until Monday morning.
Ms. Dougherty: Mr. Chairman, on Item Number 27, I can't -- I am out of town all next week, starting
Monday.
230 July 27, 1999
Chairman Plummer: Which is Item 27?
Ms. Dougherty: This is the two sightseeing tour boats out of one slip at Bayside. So, I would ask that you
continue this until September or hear it today, please?
Commissioner Sanchez: That's going to be a heated debate.
Chairman Plummer: I'm understanding from one of my colleagues, that's going to be a heated debate.
Commissioner Regalado: Why is that?
Chairman Plummer: Ask the one that said it.
Commissioner Regalado: Just vote on it.
Chairman Plummer: Well, hey, I'm telling you -- you know, the problem is, we've deferred it twice.
Commissioner Sanchez: I have concerns with it.
Mr. Donald Warshaw (City Manager): It's going to be lengthy.
Chairman Plummer: It's going to be lengthy, according to the Manager. OK, guys. What do you want to
do?
Commissioner Sanchez: Move to defer.
Chairman Plummer: Move to defer. Is there a second?
Ms. Dougherty: Until September? Thank you.
Chairman Plummer: Who second it?
Commissioner Regalado: I'll second it.
Chairman Plummer: All right, to September.
Mr. Alejandro Vilarello (City Attorney): Which meeting?
Chairman Plummer: Item 27, to September, is what they're requesting.
Vice Chairman Gort: Which meeting?
Mr. Vilarello: Which meeting?
Vice Chairman Gort: First meeting in September?
Chairman Plummer: First meeting in September.
Ms. Dougherty: Thank you very much.
231 July 27, 1999
C]
Mr. Mike Dudik: If I may?
Chairman Plummer: Wait, wait, wait, please. Let me get my ducks in a row here. You moved it? You
second it?
Commissioner Regalado: Yeah.
Chairman Plummer: And it will be continued to the first meeting in September, which is September...
Commissioner Sanchez: The 14th.
Chairman Plummer: ...the 14th. OK. Now, Mr. Dudik, you wish to speak to the issue, your issue?
Mr. Dudik: This has been deferred, delayed, going on now for about three and a half months, I think. And
it's very critical for us because we've got boats sitting up in Milwaukee that, if we have any intention of
bringing them down here to the City to work in the City here, we have to get out of there. September,
October, we're out of time. This has been going on for over a year now and it's just one delay after another.
It was delayed the last Commission meeting. It was delayed the last Commission meeting, and the one
before that. And it -- I really -- we need to get this up and on and move forward.
Chairman Plummer: Well, I let you speak because, really, the only thing you can speak to is the deferment,
but I understand your frustrations but the motion is to defer until September the 14th. Mr. Gort, are you
aware? OK. Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Sanchez: To defer, correct?
Chairman Plummer: The motion is to defer.
Commissioner Sanchez: Yes, sir.
Chairman Plummer: I'll support my colleagues, yes.
Ms. Doughtery: Thank you very much.
232 July 27, 1999
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The following motion was introduced by Commissioner Sanchez, who moved its adoption:
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 27
(PROPOSED FIRST READING ORDINANCE TO AMEND SECTION
50-310 OF THE CODE RELATED TO SHIPS, VESSELS AND
WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS TO
ALLOW CURRENT SIGHTSEEING BOAT DOCKAGE
AGREEMENT HOLDERS OPERATING WITHIN BASIN OF
MIAMARINA TO OPERATE A SECOND SIGHTSEEING BOAT
UNDER CERTAIN CONDITIONS) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 14, 1999.
[Note: Chairman Plummer requested that said item be scheduled as the
first item of the September 14`h agenda.]
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
43. ACCEPT. BID OF D.E. GIDI, & ASSOCIATES CORPORATION, ($59,108) FOR ORANGE
BOWL SOFTBALL FIELD. FENCING B-6286 = ;ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT ORDINANCE 1f705.
Chairman Plummer: All right. Item PZ-1. Well, look, look. Mr. Dudik, first item on the agenda of
September the 14d', and, as far as I'm concerned, no more delays. It's fish or cut bait.
Commissioner Sanchez: Mr. Chairman, I have a pocket item.
Chairman Plummer: Well, we're not on pocket items. The request of Commissioner Teele is to go to
Zoning.
Commissioner Sanchez: That needs...
Chairman Plummer: I can't accommodate everybody at the same time.
Commissioner Sanchez: I understand. I understand. But will it be able to be heard after the PZ items?
Chairman Plummer: I doubt seriously that it will.
233 July 27, 1999
Commissioner Sanchez: Well, then, this item needs to be heard now.
Chairman Plummer: Then, proceed. Wait a minute.
Commissioner Sanchez: It's a resolution accepting the bid of D.E. GIDI and Associates Corporation in the
proposed amount of fifty-nine thousand one hundred and eight dollars ($59,108). Total bid of the proposal
for the project entitled "Orange Bowl Softball Field Fencing B-6286; allocating funds therefore from project
number 324004, as appropriated by the fiscal year 1998 to 1999 Capital Improvement Ordinance Number
11705, as amended, in the amount of fifty-nine thousand one hundred eight dollars ($59,108), to cover the
contract costs and...
Chairman Plummer: All right. Mr. Manager? Mr. Manager?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Speak to the issue of the pocket item.
Mr. Warshaw: The Administration supports this. I've got a copy of it right in front of me.
Chairman Plummer: All right. Anybody have any questions?
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Commissioner Gort. All in favor say "aye." Hello? Is there anybody
else down there? I assume it is without negative votes? It passes.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-566
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID BY D.E. GIDI & ASSOCIATES CORPORATION, FOR THE
PROJECT ENTITLED, "ORANGE BOWL SOFTBALL FIELD
FENCING, B-6286" IN THE PROPOSED AMOUNT OF $59,108.00;
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 324004,
AS APPROPRIATED BY FISCAL YEAR 1998-1999
APPROPRIATIONS AND CAPITAL IMPROVEMENT ORDINANCE
NO. 11705, AS AMENDED, IN THE AMOUNT OF $59,108.00
CONTRACT COST AND $892.00 ESTIMATED EXPENSES, FOR A
TOTAL ESTIMATED COST OF $60,000.00; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
234 July 27, 1999
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(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Everyone has a copy of the pocket item and it's also recommended by the City
Manager.
Chairman Plummer: Oh, that's just what I need. Mr. Teele.
Commissioner Teele: Is this a pocket item?
Chairman Plummer: Sir, you were the one who wanted to go to Zoning. I've been trying to get to Zoning.
Everybody keeps pulling me away from it.
Commissioner Teele: Well, go to Zoning. I mean, you know, you do your pocket items. Joe did his, but I'll
go to Zoning.
Chairman Plummer: No, sir, mine was not a pocket item. Mine was on the agenda.
Commissioner Teele: Let's do Zoning, please. I think it's fair to the people that are here on that.
[NOTE: AT THIS POINT, 8:37 P.M., THE CITY COMMISSION CLOSES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND
ZONING PORTION OF THE AGENDA WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.]
4 4 . CLASS II SPECIAL PERMIT -- 219 EAST FLAGLER STREET MURAL.
Chairman Plummer: We are on PZ-1, a Class II Special Permit at 219 East Flagler Street, approval with
conditions by Planning and Zoning.
Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): Basically, the conditions that the
department would like to see with this mural was that it be redesigned as a composition. The way the
mural ordinance is written, we were looking for signs of artistic and graphic value with a limited
commercial message, and the way this one is designed, the commercial message appears to be tacked on,
it doesn't appear to have been designed and integrated into a composition.
235 July 27, 1999
Chairman Plummer: Mr. Clerk, any and all people who wish to testify, please stand up on any item of
Planning and Zoning, raise your right hand and be sworn in, including legal counsel. If you are not
sworn in, you cannot testify. Mr. Clerk, swear them in.
Chairman Plummer: Now, do it in Spanish.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH (IN ENGLISH AND
SPANISH) UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON
ZONING ISSUES.
Chairman Plummer: So help you, God. Are you a lawyer, sir?
Mr. Richard Brenner: Yes.
Chairman Plummer: Are you a qualified lobbyist.
Mr. Brenner: Yes.
Chairman Plummer: Thank you, sir. You are representing item PZ-1. Proceed.
Mr. Brenner: Yes. Richard Brenner, 21 Southeast 15` Avenue, Miami, Florida. I heard the comment
from staff. However, the ordinance prohibits the commercial message anywhere but in the margin, and
that's the reason it's been designed that way. We prefer to have the message throughout, however, the
ordinance specifically says, and Mr. Gonzalez can probably comment on that, it says it has to be in the
margin, no more than ten percent, and that's what it's been designed. It was approved by the UDRB
(Urban Development Review Board), and the only change, as I understood, was the deletion or the
reference to Sunset Place, which we are prepared to do.
Chairman Plummer: Is this an advertising thing? I mean, is that what it is? Is this really a billboard
ordinance?
Ms. Slazyk: No, it... In this particular case, it's what it appears to be, but that wasn't the intent of the
ordinance. We were trying to get murals of graphic or artistic value, and that's why, you know, this
particular one...
Chairman Plummer: I am told it's the shops of Sunset Drive.
Mr. Brenner: That's going to be...
Ms. Slazyk: That's what they...
Chairman Plummer: And, I want to have people driving downtown to leave and go out to Sunset Drive.
Mr. Brenner: That's going to be deleted. The UDRB has approved that.
Mr. Joel E. Maxwell (Asst. City Attorney): No, no, no, no.
Chairman Plummer: You bet your bippy it's going to be deleted.
Mr. Brenner: Yeah, we understood that...
236 July 27, 1999
Mr. Maxwell: Commissioner, Commissioner. Excuse me, Commissioner.
Chairman Plummer: Sir.
Mr. Maxwell: Could we, on the record? He's indicated that they are voluntary, that particular
communication. I would suggest that we not discuss, that you not discuss that any further.
Chairman Plummer: OK, look, I think that the City has to have some kind of control of what goes up on
these buildings, OK. Because, if we don't have some kind of control, God only knows what they will
come up with and put on a building, and I think that, not the Commission, I don't want to put it in the
hands of the Commission, but I think that we need to make sure, especially... You know what's going to
happen, these big buildings across the street from Miami Arena are going to sell premium space, and
premium space is going to get racy because that's what they are paying for. And, I think we need to have
some kind, it's not censorship, but I think control. I think we have to have an approval, and I think you
can go overboard.
Mr. Brenner: We do have that, sir. The UDRB has the first review of it, and this was held back in June.
They have approved it, and, then, it came to the second level which is this Commission, and the only
change that I have been told is delete the Sunset Place reference. The purpose of the ordinance is to
provide design on buildings, but the cost of putting a design on a building is fifty thousand dollars
($50,000), I am told. So, the purpose of the commercial message is two -fold. The City gets a fee of five
thousand dollars ($5,000) a year in order to have it there and to pay for that cost, plus the cost of putting
it up and maintaining it is paid for by the commercial message which is only, no more than ten percent.
And, that's what the ordinance was passed to do.
Chairman Plummer: As long as the City retains some approval over what goes there, then I have no
problem. I am just concerned...
Mr. Brenner: The Planning Department does.
Chairman Plummer: I am just concerned that it could be something that we would not be proud of, and
that we should...
Ms. Slazyk: Right. That's why when this ordinance was adopted, the Commission wanted to retain the
final approval rights, and that's what here before you today.
Chairman Plummer: All right, then... Do we need? Anybody else wish to speak to PZ-I? Is there a
motion? Is there a motion?
Commissioner Sanchez: So moved.
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Moved by Sanchez, seconded by Teele. All in favor of the resolution?
Vice Chairman Gort: As amended.
Chairman Plummer: As amended.
237 July 27, 1999
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Ms. Slazyk: Voluntarily removing the text.
Vice Chairman Gort: Voluntary removal, OK.
Commissioner Sanchez: Voluntary amendment made by...
Chairman Plummer: Right. All right, all in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
Mr. Brenner: Thank you.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-567
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE RECOMMENDATION FOR THE DIRECTOR OF
THE PLANNING DEPARTMENT FOR ISSUANCE OF CLASS H
SPECIAL PERMIT APPLICATION NO. 99-0074, WITH THE
CONDITION THAT NO WRITING IS PERMITTED WITH THE
MURAL AND OTHER CONDITIONS RECOMMENDED BY THE
DEPARTMENT, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 219 EAST FLAGLER STREET, MIAMI,
FLORIDA, PURSUANT TO SECTION 401 OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
238 July 27, 1999
4 5 . MIAMI HEAT PLAN FOR TRAFFIC CONTROL DURING ARENA EVENTS - AMERICAN
AIRLINES ARENA TRAFFIC MANAGEMENT PLAN - 601 BISCAYNE BOULEVARD - ZONING
DEVELOPMENT ORDER [Applicant: Basketball Properties / Judith Burke].
Chairman Plummer: PZ-2. Pan American... I am sorry, American Airlines, Mister... Is this in reference
to the parking?
Vice Chairman Gort: Traffic Management Plan, yes.
Mr. Tim Plummer: The Transportation Management Plan and the parking inventory.
Chairman Plummer: Well, now... OK.
Ms. Dena Bianchino (Asst. City Manager/Planning & Development): Commissioner, can I give you
some background on this?
Chairman Plummer: Huh?
Ms. Bianchino: Can I give you some background?
Chairman Plummer: Sure, give me some background, because, you know, they have got a long way to go
yet on parking, so...
Ms. Bianchino: When the City Commission adopted the development order for this project in January of
1998, a Traffic Control Management plan was required to be submitted, and approved by the City
Commission prior to the issuance of a Certificate of Occupancy. This has been done. Staff has reviewed
the Traffic Management Plan, and we find it to be in compliance. I want to draw your attention to the
Development of Regional Impact requirement and tell you what they've provided. It says "the City shall
require that the operator submit a parking inventory as part of the Traffic Control Management Plan
required to be submitted under the Mayor Use Special Permit for the arena. The parking inventory will
identify the location of not less than 7,500 parking spaces guaranteed to be available for parking for
events at the arena. The operator shall be permitted to submit a modification to the parking inventory on
an annual basis, which must be approved by the City Commission. They have the right to give us, one-
year firm agreements, and, then, they would have to come back and show us every year that they continue
to have the agreements. We received from them on July, I don't have the exact date, recently, firm
evidence of commitments for 7,962 spaces, either through property directly controlled by Basketball
Properties. Miami -Dade County will be providing 2,000 spaces at the Port of Miami with a shuttle
service, and they do have one-year agreements with parking operators for 3,614 spaces.
Chairman Plummer: And, the property, the on -site parking is part of their calculation?
Mr. Tim Plummer: That is correct.
Chairman Plummer: Is that within the minutes of the master plan?
Ms. Bianchino: Yeah, they can certainly count on -site parking as part of their parking.
Chairman Plummer: OK, all right, now, the traffic study.
239 July 27, 1999
•
Mr. Tim Plummer: Yes.
Chairman Plummer: You are going to make the presentation on the traffic study.
Mr. Tim Plummer: I am going to. Tim Plummer with David Plummer and Associates, 1750 Ponce de
Leon...
Chairman Plummer: No relation.
Vice Chairman Gort: Cousin.
Mr. Tim Plummer: No, relation at all.
Chairman Plummer: I wish it was.
Mr. Tim Plummer: Ha, ha, ha. Traffic engineer for the project. We have been working with a multitude
of agencies to develop the transportation management plan. We set -out many objectives, I am just going
to read a few of them for you. To provide Arena guests with a safe, positive transportation experience.
Show adequate traffic operations, parking availability, transit service and pedestrian facilities for guests
traveling to the arena. To develop an effective TMP, a Transportation Management Plan, that can be
improved upon when problems arise and opportunities occur. This is going to be a living document, it
will change. Ensure that the TMP will be monitored with assistance from local transportation agencies
and to fully utilize the City of Miami Police to implement the TMP, and they were a very critical
component in development this TMP. And, also, to ensure that a public information program is
developed that informs Arena guests of access routes to the arena and parking facilities that are available.
The main components of this study include site access and circulation; roadway improvements, City of
Miami Police assistance; temporary intersection control; temporary street modifications; pedestrian
management; public transit, parking obligations, and a public information program. As has already been
mentioned, we have completed the TMP and the parking inventory, and it's been reviewed and approved
by City staff, specifically, the TMP has been reviewed and approved by City Planning, City Public
Works, City of Miami Police, City Fire Rescue, Florida Department of Transportation, Miami -Dade
County and DDA (Downtown Development Authority). As you know, you have seen our TMP, it's a
very comprehensive document, and I am here today to make a presentation to you, or open it up for
questions. At any time, if you have specific questions about different components...
Chairman Plummer: My question has to be, did you take into consideration, the Port of Miami? In other
words, you know, I am feared of the day that occurs, a big festival at Bayfront Park, which we have, have
been had 100,000 people. The Casino boat, which has 600. We have Bayside, which are doing
according to their numbers, 11,000,000 a year. You have got the arena with 20,000; you have got the
Performing Arts with, I don't know how many. You have got The New World Symphony with, I don't
know how many; you have got the new Omni District with, I don't know how many. Now, let's talk to
the big offender, the Port of Miami when those ships come in or those ships leave. And, I'm asking you,
sir, did your study only address the Arena, or did you address the problem overall?
Mr. Tim Plummer: That is correct.
Chairman Plummer: Because you are the ones that's going to hang in the future when gridlock comes
down there.
240 July 27, 1999
Mr. Tim Plummer: Our study addresses the Arena's impacts.
Chairman Plummer: Only.
Mr. Tim Plummer: Only. DDA is putting with Patty Allen, is putting together an events coordination
committee that is going to comprise all of those groups, and the Arena, the Heat has designated John
Gordon as a representative from The Heat to continue to address those issues, and our document will
change to incorporate whatever comes out of those meetings to make, to ensure that the Transportation
Management Plan is a workable plan.
Chairman Plummer: All right, the question then is, what clout does the DDA's Committee have of
approval or disapproval of events? Because, you know, we know the story is very true. Television
governs most of this stuff, and it's a major problem. I am telling you that I envision the day when you
have those boats coming in and out. You, right now, the amount of 18-wheelers that go across that
boulevard and 6`" Street is phenomenal. You can't go that street to go to 1-95. You can't do it. I mean,
those 18-wheelers are all over you, and they go like they are on fire. Mr. Plummer, are you a registered
lobbyist, sir?
Mr. Tim Plummer: Yes, I am.
Chairman Plummer: Thank you. OK, look, I am asking the question again, Dena, what clout, what
authority does the DDA, what do you call that committee?
Mr. Tim Plummer: The Events Coordination Committee.
Chairman Plummer: The Events Coordinating Committee. What clout do they have to approve or
disapprove? I mean, I don't them just to sit there and say, oh, isn't this nice.
Ms. Bianchino: I think, Commissioner, the answer to your question is, that they have no authority to
approve or disapprove events.
Chairman Plummer: So, why put them through the?
Ms. Bianchino: Well, their job is to coordinate with all parties, and I think Patty Allen could probably
speak to this better, to make sure that the type of situation that you described doesn't happen.
Chairman Plummer: But, if they don't have a clout to approve or disapprove when there are five events
going on at the same time...
Vice Chairman Gort: Mr. Chairman.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding is, any event that would take place within the City of Miami,
they will have to come to the police and ask for a Special Event permit, and I think the... Although, the
DDA doesn't have any authority or this committee, does not have any authority. This committee can
sure coordinate the different events to make sure that what you are talking about does not take place.
Now, my understanding from experience, and I had to go pick-up some passengers the other day. The
passengers, the arrivals and the departure of the ships, I don't think will be in conflict with some of the
events that will take place. Number one, number two, once again, I think the idea of creating this
241 July 27, 1999
committee is so we can sit down and see the events that are going to take place in the future, and make
sure that we can coordinate those events, and those events have to be coordinated with the City of Miami
Police Department because they are the one who have to issue the special permit, it is my understanding,
and they are the ones that have to put the police, the off -duty police to make sure they control the traffic
or whatever event takes place.
Commissioner Regalado: Question.
Chairman Plummer: Excuse me. Mr. Plummer, I am being told, sir, that you are not a registered
lobbyist.
Mr. Tim Plummer: I believe, I am.
Chairman Plummer: Did you surrender a check for six hundred dollars ($600).
Mr. Tim Plummer: Excuse me.
Chairman Plummer: Hello?
Mr. Joel E. Maxwell (Asst. City Attorney): In order to be a registered lobbyist, you pay five hundred
dollars ($500) with the City Clerk. You fill out forms to indicate who your clients are.
Mr. Tim Plummer: OK, I believe I have. It may have expired.
Mr. Maxwell: Have you? You indicated a moment ago that you were a registered lobbyist.
Commissioner Teele: Right.
Mr. Tim Plummer: I was of the understanding I was.
Mr. Walter J. Foeman (City Clerk): No.
Vice Chairman Gort: Mr. Chair.
Chairman Plummer: Mr. Clerk.
Mr. Foeman: No, we don't have any record of Mr. Plummer registering as effective January of this year.
Chairman Plummer: All right. Look, they are honorable people. I am sure that he will, without
question, as soon as completed...
Commissioner Sanchez: There you go, unbelievable.
Chairman Plummer: What do you mean, no.
Mr. Maxwell: I would recommend, sir, that you treat this gentleman the same as you have other people
in the same circumstance. He can't... He's not a registered lobbyist. He should not...
Chairman Plummer: You got a check with you?
242 July 27, 1999
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Mr. Plummer: No, I don't.
Chairman Plummer: You want to borrow mine?
Mr. Maxwell: What he can do, anyone can respond to questions if they are not registered lobbyists, but
they should not be allowed to testify.
Chairman Plummer: OK, all right. But, that's not the proper way. That's not the way to do business.
Commissioner Teele: Mr. Chairman, Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, I don't take any pride in saying this. I authored the first registration,
and you know, you came over and talked to me about it, the County lobbying registration... The intent
has never been to keep anyone from speaking. That, I think, you know, this is an example of a runaway
rule now. I completely agree that we ought to have one standard, but I think that if anybody says that
they will bring themselves into compliance. I mean, this, you know... I see now why we have so many
problems. I mean, we have groups, and somebody tells them if you don't pay the police fee, we are going
to shut you down and pull the mike, and all. You know, we, this is a respected firm. I believe we should
establish a policy that says anyone who gives their assurance that they will come, they will give them 24
hours to come into compliance. You know, and we can bar him if he doesn't comply. There is a way to
do it, but this, this is a...
Chairman Plummer: Just make the approval of the application subject to compliance within 24 hours,
that's all.
Commissioner Teele: Within 24 hours. And, I think the Chairman should have that right to waive it. I
mean, if the guy flew in on a Learjet on his way to Rio, it would be a different story. But this -- and we
have never seen him before. We may not see him again. But, the fact of the matter is, I don't think we
should put him before his clients in the position that he could only answer questions. We need to hear
what he is going to say. This is a very important decision, and let's don't let our own rules tangle us up
from what we are trying to do here.
Chairman Plummer: All right. My question now, to the Administration. I can envision where our entire
Police Department is not going to be adequate to control, at some times, the traffic that comes in and out
of that, that area now. I am not talking about just American Airlines. Who is going to pay for that police
presence? And, you know, I am speaking for example, the Causeway. If the Causeway is generating "X"
number of cars, the Arena is "X" number, Bayside is "X number, that can be almost any day. And,
Bayfront Park, the Gaming boat, that can be any day. Now, who is going to be paying? Policemen don't
work for free. Now, who is going to pay for the traffic enforcement that is going to be required and
demanding at that area?
Commissioner Regalado: Mr. Chairman.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Who paid for the police that was onsite on Biscayne Boulevard on July the 4"'?
Because I had a difficult time parking, getting in, getting out, and because of the fireworks in Bayfront
Park.
243 July 27, 1999
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Chairman Plummer: Mr. Regalado, that's nothing compared to what you are going to have when this...
Commissioner Regalado: Well, what I am trying to say is, that, you know, I didn't complain. I just
parked wherever I could, because I wanted to go. And people wanted -- will want to go to the Arena and
if there is something going on in the park, people will go and people will find parking. People will take...
Chairman Plummer: You are missing my, you are missing my point, sir.
Commissioner Regalado: No, I am not.
Chairman Plummer: No, no. Let me make my point.
Commissioner Teele: I am missing it and I really would like to understand the point.
Chairman Plummer: All right. My point is that the -- Mr. Plummer, one of his arguments -- one of his
presentations is that the matter can be addressed by the Police Department, that they have worked in
conjunction. I am asking again, who is going to pay for the policemen?
Ms. Bianchino: If I can clarify.
Chairman Plummer: It's an expensive item. Let me tell you something.
Commissioner Teele: Let me ask this question, J.L.?
Chairman Plummer: Sure.
Commissioner Teele: Who pays?
Ms. Judith Burke: We pay.
Chairman Plummer: Huh?
Ms. Burke: We pay.
Commissioner Teele: Who pays?
Chairman Plummer: We, who is?
Ms. Burke: ... The Heat will pay for their off -duty police...
Chairman Plummer: That's just for your event.
Ms. Burke: For our events, we will pay for all off -duty policemen required for that event.
Chairman Plummer: Name and address.
Ms. Burke: My name is Judy Burke with the law firm of Schutts and Bowen, 201 South Biscayne
Boulevard, and I am a registered lobbyist.
244 July 27, 1999
Chairman Plummer: Oh, great. Congratulations.
Commissioner Teele: Ma'am, Ma'am, Ma'am. Let's don't get confused about The Heat versus The
Heat basketball team, OK. Forget The Heat basketball team for a minute. We are talking about the
Arena. OK, you're repre... Are you representing the management team of the Arena?
Ms. Burke: I am representing Basketball Properties, Limited, who are the operators of the American
Airlines Arena, and I misspoke, for all events.
Commissioner Teele: OK. So -- OK. That's, I think...
Ms. Burke: At the Arena, they will pay for the off -duty policemen.
Commissioner Teele: That's the answer to Commissioner Plummer's question. Is it your organization
that's going on record saying, you'll be responsible, whether it's the circus or the pigmies or the, you
know, the whatever. It's all right. You all are going to be responsible for paying all of those fees.
Ms. Burke: Yes, sir.
Chairman Plummer: OK, I hope you got a big checkbook. All right, any other questions
Commissioner Teele: Well, Commissioner...
Commissioner Sanchez: Commissioner.
Commissioner Teele: ...I have a series of questions. I want to just...
Chairman Plummer: All right. Mister... Well, excuse me. This is the last item of the night.
Commissioner Teele: OK, but Commissioner, let me just say this.
Chairman Plummer: OK, I am just saying, everybody else can go home, unless we want to do a few
pocket items. I have nothing really, but the rest of the agenda is...
Commissioner Teele: Commissioner.
Commissioner Sanchez: It's been a long day. It's been a long, long...
Commissioner Teele: Commissioner, I want to be on record as saying three things to you.
Chairman Plummer: Sure.
Commissioner Teele: First, I believe that the Arena is a positive, a positive occurrence for this City, and
I don't want you to be frustrated. I am very mindful now of the fact that sometimes, we in government,
send the wrong signals. After talking to a man who just built a restaurant up there on Biscayne and 54"',
55`", there is a lot of things we, unintentionally, do in government to send the wrong signal. I think this
Commission, all five of us, agree that this is a very positive event. Commissioner Plummer's concerns
are the same concerns that we all have which is the traffic and the traffic patterns and all of that,
particularly, on Biscayne Boulevard. And, I just want to understand that you all have coordinated this
with the DDA, is that correct?
245 July 27, 1999
0
Ms. Burke: Yes. They have reviewed the Traffic Management Plan, given us input and approved it.
Commissioner Teele: OK, and, and from that point of view, have you all met the minimum number of
parking spaces that Commissioner Plummer led and the Commission approved?
Ms. Burke: Yes, we far exceeded the number of parking spaces required.
Commissioner Teele: So, in relationship to the current Arena that we have right now, we have about how
many parking spaces, over at there at the old Arena? About?
Mr. Tim Plummer: I believe there is about Forty-six hundred.
Ms. Burke: About 4,600.
Commissioner Teele: And, now, for the new Arena, we are going to have about how many parking
spaces?
Ms. Burke: We have identified 7,500 parking spaces guaranteed to be available for all events.
Commissioner Teele: OK. Are there some issues relating to some City -owned land, as it relates to the
parking? Now, I... I have seen looking over there that you all have been parking in the Bicentennial Park
for the construction, is that right?
Mr. Tim Plummer: Right.
Ms. Burke: Correct.
Commissioner Teele: Who are you all paying to use that? Are you all paying our Parks?
Chairman Plummer: Bayfront Park, one thousand dollars ($1,000) a month for 12 months.
Commissioner Teele: When did that come before the Commission?
Chairman Plummer: It didn't. It didn't have to.
Commissioner Teele: So, I just want to get this straight. Now, when Overtown...
Chairman Plummer: And, by the way, that was less money than what it cost us to maintain that you
charged us to do of cutting the grass and maintaining the property.
Commissioner Sanchez: Call the...
Commissioner Teele: I want you all to look closely, and work with Bayfront Park and with the Parks
Department, because I think it doesn't make sense for you all to build this three hundred million dollar
(300,000,000), two hundred million dollar ($200,000,000) on paper, but it's a three hundred million
dollar ($300,000,000) complex right now. And, then, right next to you, to us, to you, to have our
Bicentennial Park. And, I would hope that as you all are moving forward you can look at some ways to
adopt "adopt a park" maybe, some activities. There is no reason, you know, for us not to work with you
in trying to improve, you know, the landscaping and the aesthetics of that. To that extent, you know, that
246 July 27, 1999
you all would be willing to do that, I think it would be helpful, both to your project and to making the
park available to the public. That needs to be coordinated with not only the Parks Department, but with
Bayfront Trust. But, I have a real concern about the City line versus the Miami Heat line, and I think
there is contiguous areas. The water, the seawall there where we used to have that boat that was there.
J.L., you remember we had a boat there for...
Chairman Plummer: Yeap.
Ms. Burke: As a matter of fact, we have provided...
Chairman Plummer: And, we are still suing the guy to try to collect the money, and he's run in
Venezuela.
Ms. Burke: We have provided all the landscaping along that prior seawall area, and are working with
staff on ideas very similar to the ones that you just expressed.
Commissioner Teele: One of the things that some boating enthusiasts have also talked about is, the
potential of being able to come, you know, Huizenga came to me and talked about building a heliport
there, at the Arena, the old Arena, because he wanted to get in and out. One of the things people are
talking about now is coming to The Heat game by boat. Have you all looked at maybe something that
would be like a floating? I don't want to get into another yacht issue, another slip.
Ms. Burke: No, we have a plan coming forward that will address the issue of having a pick-up and
delivery area for people arriving by boats.
Commissioner Teele: OK, well, I just think that we should really work with you, and I want to encourage
the City staff that this is a very positive occurrence, and I think we should be positive about that, and
whatever help we can give. I know that Commissioner Plummer and the Bayfront Trust, but I think the
Commission is in support of you also.
Ms. Burke: Thank you.
Chairman Plummer: Mr. Teele, it is very much important that you know that of the 70,000 square feet of
retail they are providing, as Code calls for, the amount of parking for the retail area. Mr. Gort.
Vice Chairman Gort: Mr. Chairman, one of the means of transportation that has been going around for a
while, and I don't that we really fully utilize, is the water taxis.
Commissioner Teele: Right.
Vice Chairman Gort: I think this is something that we really should give consideration, not only it could
be a transportation anode, but it would also be a tourist attraction.
Commissioner Teele: Most of the...
Vice Chairman Gort: The other... The other thing I want to clarify is, by creating this event...
Commissioner Teele: Commissioner, is that in the Thursday bond issue? Is that in the one penny tax? Is
this...
247 July 27, 1999
Vice Chairman Gort: No, no.
Commissioner Teele: ... another transportation gimmick that you all?
Vice Chairman Gort: This is completely different. The other thing that we wanted to create, the events,
and have the events because we have been having meetings with the downtown hotels and they would
like to start the, doing advertising and promotions on the different events we have here to create an
additional amenity for people to come to downtown Miami.
Chairman Plummer: All right.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: All right, Mr. Sanchez.
Commissioner Sanchez: I would like to throw my two words in, so moved.
Commissioner Teele: Second.
Chairman Plummer: All right. Motion is made, duly seconded. It's a resolution, on an annual basis we
will review. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-568
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE COMPLETE TRAFFIC
CONTROL MANAGEMENT PLAN REVISED JUNE 1999,
ENTITLED "AMERICAN AIRLINES ARENA TRANSPORTATION
MANAGEMENT PLAN: FOR THE AMERICAN AIRLINES ARENA
PROJECT, TO BE LOCATED AT APPROXIMATELY 601
BISCAYNE BOULEVARD, MIAMI, FLORIDA, IN ACCORDANCE
WITH THE PROVISIONS SET FORTH IN RESOLUTION NO. 98-89,
ADOPTED JANUARY 27, 1998, WHICH GRANTED THE
DEVELOPMENT ORDER FOR SAID PROJECT; AND PROVIDING
FOR AN EFFECTIVE DATE.
248 July 27, 1999
7
(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.
46. DISCUSS CENTENNIAL COMMITTEE LETTER REGARDING FUNDS.
Chairman Plummer: Does anybody have any burning pocket items?
Commissioner Sanchez: We'll walk man, we are sorry. I apologize. [phonetic]
Chairman Plummer: No, excuse me, if the Administration has something. Mr. Warshaw.
Commissioner Teele: Mister...
Chairman Plummer: Mr. City Attorney or Mr. Warshaw, a letter came from the House of
Representatives from the Centennial Committee for two thousand dollars ($2,000) that if you apply, they
will pay the money, I don't know how it happened. But, there it is.
47. ACCEPT PLAT: PERFORMING ARTS CENTER OF MIAMI
Chairman Plummer: What is your problem, Mr. Warshaw?
Mr. Donald H. Warshaw (City Manager): It is a resolution accepting a plat for The Performing Arts
Center.
Chairman Plummer: A plaque?
Mr. Warshaw: Right.
Chairman Plummer: Read it. A plat.
Mr. Warshaw: A plat.
Chairman Plummer: A plat. P-L-A-T. Has it gone?
Commissioner Teele: What is it relating to?
249 July 27, 1999
•
Chairman Plummer: This is a plat. Anybody want to move it?
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez, seconded by...
Commissioner Teele: Teele.
Chairman Plummer: Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-569
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED
PERFORMING ARTS CENTER OF MIAMI, A SUBDIVISION IN
THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS
OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
(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.
250 July 27, 1999
4 8 . AUTHORIZE PURCHASE OF PAINT - DONATE SAME TO UNITED WAY FOR
RESTORATION OF TOWN PARK NORTH, A PRIVATELY OWNED COOPERATIVE COMPLEX
LOCATED IN OVERTOWN - ALLOCATE $25,000.
Commissioner Teele: Mr. Chairman, I have one pocket item at the...
Chairman Plummer: All right, go ahead. Everything else is deferred until Monday. Vicky you work by
the hour.
Commissioner Teele: Mr. Chairman.
Ms. Vicky Garcia -Toledo: Yes, but this is Jackson Memorial Hospital, so it's taxpayers money.
Chairman Plummer: They got plenty of money.
Commissioner Teele: This is a resolution of the City Commission authorizing the City Manager to
purchase paint and paint supplies, and donate the same to the United Way as a the City's contribution to
the annual community service kick-off project. Said purchase to be specifically designated for the
restoration of Town Park North, a privately owned cooperative complex located in Overtown;
authorizing the City Manager to executive all necessary documents in a form acceptable to the City
Attorney for the said purpose; allocating the funds thereof not to exceed twenty-five thousand dollars
($25,000) from special account, number 921002-722 for the said purchase. And, this is in coordination
with the Manager's office.
Chairman Plummer: The City Manager recommends. All in favor say "aye."
Mr. Foeman: I need a seconder.
Commissioner Teele: I moved.
Commissioner Regalado: I move. Second.
Chairman Plummer: Wait a minute. Who moved it? You did, Teele, seconded by Regalado. All in favor
say "aye."
The Commission (Collectively): Aye.
251 July 27, 1999
•
•
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-570
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO PURCHASE PAINT
AND PAINT SUPPLIES AND DONATE SAME TO THE UNITED
WAY AS THE CITY'S CONTRIBUTION TO THE ANNUAL
COMMUNITY SERVICE KICKOFF PROJECT, SAID PURCHASE
TO BE SPECIFICALLY DESIGNATED FOR THE RESTORATION
OF TOWN PARK PLAZA NORTH, A PRIVATELY -OWNED
COOPERATIVE APARTMENT COMPLEX LOCATED IN THE
OVERTOWN AREA; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $25,000, FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO. 921002-722 FOR SAID PURCHASE.
(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.
ABSENT: None.
49. URGE MANAGER TO MEET WITH BEACON COUNCIL, MIAMI-DADE COUNTY AND
EMPOWERMENT ZONE TO ASSIST IN RETENTION OF POMPEII FURNITURE INDUSTRIES
(PFI) IN CITY LOCATION, 255 N.W. 25 STREET.
Chairman Plummer: Mr. Teele, I have this one here that came up, and it's something, I think the
Administration wanted. And, understanding the current owners of a business, not the landlords, of a
company in downtown Miami, for the City of Miami, which employs 243 people, is Pompeii Furniture
Industries located at 255 Northwest 25th Street. They have been there since 1955, and they want to fix
their place up and they asked a resolution urging the City Manager to meet with the Beacon Council of
Miami -Dade County and the Empowerment Zone to do everything possible to retain PFI at its current
location, in addition in meeting with these agencies, we hope to keep this agency and these jobs within
the City of Miami, I so move.
Commissioner Teele: Second the motion. Motherhood and apple pie.
252 July 27, 1999
Chairman Plummer: Absodamtively. All in favor say "aye"?
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 99-571
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
THE CITY MANAGER TO MEET WITH THE BEACON COUNCIL,
MIAMI-DADE COUNTY AND THE EMPOWERMENT ZONE TO
ASSIST IN THE RETENTION OF POMPEII FURNITURE
INDUSTRIES (PFI) AT ITS CURRENT LOCATION AT 255
NORTHWEST 25TH STREET, MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Teele, the resolution 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: None.
ABSENT: Commissioner Joe Sanchez
NOTE FOR THE. RECORD: Continuation of July 27, 1999 meeting scheduled for August 2, 1999.
Chairman Plummer: We will see you all...
Commissioner Teele: Mr. Chairman. Mr. Chairman, we are going to continue this meeting until...
Chairman Plummer: This meeting is continued until ten o'clock on Monday morning.
Mr. Joel E. Maxwell (Asst. City Attorney): You are in recess. You are in recess.
Ms. Vicky Garcia -Toledo: For all items, or PZ (Planning and Zoning)?
Chairman Plummer: I am sorry. I am told we are in recess.
Commissioner Teele: In recess, all right. For all items including the Planning and Zoning items.
Chairman Plummer: Anything not addressed today will be done on Monday.
253 July 27, 1999
5 0 . DISCUSS SHRINER'S PARADE See labels #3-D and #92 .
Commissioner Teele: Mr. Manager, could I ask that you work with the Shriner's to see if we can come
up with an acceptable resolution at the next, at this Monday meeting regarding that parade?
Mr. Donald H. Warshaw (City Manager): Yes, sir.
Commissioner Teele: Thank you.
Chairman Plummer: This meeting is in recess. Thank God.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:08 P.M. AND
RECONVENED AT 10: 05 A.M. ONAUGUST 2, 1999.
Note for the Record: On the 2nd day of August 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 to continue the July 27, 1999 Commission Meeting.
The meeting was called to order at 10:05 a.m. by Chairman J.L. Plummer, Jr., with the following
members of the Commission found to be present:
Vice Chairman Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Maria J. Argudin, Assistant City Clerk
Chairman Plummer: Ladies and gentlemen, we're awaiting Commissioner Gort and Commissioner Teele.
As a matter of fact, I'm awaiting everybody. And, Madam Clerk, for the record, Commissioner Teele -- I'm
sorry -- Commissioner Regalado has indicated to me that he has to leave a few minutes before noon and he
would be tied up until 1 o'clock. So, if we don't finish by noon, we'll be coming back after one. Just for the
record, it is the full intention of this Chairman that, whatever has been left over will be completed today and
that is because of the fact that we do not meet normally during the month of August and would want to
clean the slate of all outstanding or existing items. I understand Commissioner Sanchez is in the building.
We will proceed. OK. I now have a quorum. I will ask Commissioner Gort to give the prayer and
Commissioner Regalado to give the pledge of allegiance. If everybody would please stand.
254 July 27, 1999