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HomeMy WebLinkAboutCC 1999-08-02 Minutes5 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 0 i Vice Chairman Gort delivered an invocation, immediately thereafter Commissioner Regalado led those present in a pledge of allegiance to the flag. Chairman Plummer: For the record, this is a continuation of last Tuesday's meeting and, also for the record, Commissioner Regalado, once again, has indicated that he has to leave a few minutes before 12 until 1 o'clock. If we don't get finished this morning, it will be, then, in the afternoon, starting promptly at two. And it is intent of the Chair that we will finish all outstanding items today. 5 L AUTHORIZE .MANAGER TO .INCREASE , COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION FOR THE EXTENDED PERIOD'OF JULY 1 - SEPTEMBER 30, 1999 CDBG. CONTRACT PERIOD BY, $28,002 FOR PREVIOUSLY APPROVED ECONOMIC DEVELOPMENT AGENCIES THAT..HAVE SURPASSED PROGRAMMATIC REOUIREMENTS_ 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. Chairman Plummer: The first item is Item 6. Commissioner Regalado: Mr. Chairman, I'll move it. Chairman Plummer: Mr. Regalado has moved Item 6 of the regular agenda, is that correct? Commissioner Sanchez: Second. I second, Mr. Chairman. Chairman Plummer: Hold on. Let me catch up here. Item 6 is twenty-eight thousand dollars ($28,000), to increase the Community Development Grant for the Commercial Facade Program. Moved by Regalado. Seconded by Sanchez. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. 255 July 27, 1999 0 LJ The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 99-572 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO INCREASE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION FOR THE EXTENDED PERIOD 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 JUNE 30, 1999 FOR THE PURPOSE OF CONTINUING THE COMMERCIAL FACADE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S) WITH THE HEREIN LISTED AGENCIES IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: If I may, Mr. Chairman. If I could have Ms. Gwendolyn Warren provide me, in three months, a report on all the facades programs in the City of Miami, where I would like to basically look at them and see the programs that are not being -- that are not producing any facades. I would like to sit down with you at a later date and discuss what we could do to either, one, transfer the money to other programs in the community because, I stated before, there are several programs, facade programs that, throughout the year, have not done no facade and it concerns me, when we're giving money to these programs that are allocated to do facade, and they don't do any facade. I don't have any problem with taking that money and transferring over to another assistance program in that community. But if a program is not adequately working, then, I don't think money should be allocated from this City. Chairman Plummer: All right, sir. You heard the request. All right. We're now on Item 7. Commissioner Regalado: Mr. Chairman? 256 July 27, 1999 Chairman Plummer: Mr. Regalado. Commissioner Regalado: Gwen, I'm told that these people from the CBO's (Community Based Organization) have not yet get their money. Does this mean -- they don't get paid since June. So, does this mean that, by approving this, they will get paid, they will get the money? Ms. Gwendolyn Warren (Director, Community Development): Yes. Commissioner Regalado: When? Ms. Warren: As soon as we can expedite their contracts. Commissioner Regalado: Which you think... Ms. Warren: Reasonably, 10, seven days. Commissioner Regalado: OK. 52. AMEND NO. 99427 TO INCREASE, ALLOCATIONS APPROVED; FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES FROM OCTOBER 1, 1998 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: Chairman Plummer: Item Number 7 is an allocation of block grant activities to the Jewish Family Services. Moved by? Commissioner Sanchez: Moved. Chairman Plummer: Sanchez. Seconded by? Commissioner Regalado: Second. Chairman Plummer: Regalado. It is a resolution. All in favor say... Vice Chairman Gort: Question. Chairman Plummer: Mr. Gort. Vice Chairman Gort: My question is, is this in addition to the already existing contract that we had approved before? Ms. Gwendolyn Warren (Director, Community Development): These two agencies were inadvertently left off of the long list and we're adding them to it. Vice Chairman Gort: To the long list. This is just adding this to --the list to it? Ms. Warren: Yes, sir. 257 July 27, 1999 • 0 Vice Chairman Gort: At the same time, I also would like to discuss with you the -- I was looking through the records here, where some agents had perfonned very well, yet, the funding is not at the same level as other agencies that performed less and they received more funding. Ms. Warren: This is only three months, but, yes, sir. Vice Chairman Gort: OK. Thank you. Chairman Plummer: All right. Item Number 8 is a 90-day... Vice Chainnan Gort: You have to vote. Chairman Plummer: I'm sorry. All in favor of Item 7 say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-573 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 99-427 TO INCREASE ALLOCATIONS APPROVED FOR COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES FROM OCTOBER 1, 1998 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; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH JEWISH FAMILY SERVICES AND THE CITY OF MIAMI OFFICE OF HOMELESS PROGRAMS FOR THE CONTINUATION OF SOCIAL SERVICES PROGRAMS RENDERED BY SAID ORGANIZATIONS. 258 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. 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 14.61 SOUTHWEST 8TH STREET. Chairman Plummer: Item 8 is an extension of the East Little Havana Community Development Corporation, to commence construction of the proposed Latin Quarter Specialty Center Project. Moved by... Commissioner Sanchez: So moved. Chairman Plummer: By Sanchez. Seconded by... Commissioner Regalado: Second. Chairman Plummer: By Regalado. It is a resolution. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. 259 July 27, 1999 • • The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-574 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION TO THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION (ELHCDC), 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 8TH STREET, MIAMI, FLORIDA. (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. 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, # 12,454, and # 941 Chairman Plummer: The next item -- please keep that clear, if you would, because I'm having to go by that board. Commissioner Teele: Mr. Chairman? Chairman Plummer: The next item is 13. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. 260 July 27, 1999 • • Commissioner Teele: Item Number 3 was supposed to come back before us. I haven't gotten that, so I'm going to need some time to review it. Is it back? Do we have it? Chairman Plummer: Item Number 3, according to the board, has passed. Ms. Gwendolyn Warren (Director, Community Development): It came... Commissioner Teele: But Item Number 3 was remanded back to us today. Ms. Warren: Yes, we did do a written summary to you of all the changes and I'll make sure you get copies. But, yes, we did do it. Commissioner Teele: The instructions were that, Item Number 3 would come back for a final review, based upon the changes that were directed at the last meeting, is that right, Mr. Attorney? Mr. Alejandro Vilarello (City Attorney): The Manager noted that and you're correct. Ms. Warren: You have... Mr. Donald Warshaw (City Manager): Yes, I made a note of that. That's correct. Today is? Commissioner Teele: OK. All right. Mr. Vilarello: Commissioner, what... Ms. Warren: Commissioner, we have that information and all of the changes were corrected. Commissioner Teele: If I could just get it. I mean, I don't need to discuss it. I need to review it and, then, I'll be fine. Mr. Vilarello: It was our intention to incorporate those issues within the resolution as a specific mandate. Commissioner Teele: I understand, but we said we would review it here today. That's right. Mr. Vilarello: You need to see the resolution. Yes, sir. Chairman Plummer: All right. Item 12 was deferred at the last meeting, according to me. Is the gentleman here? Mr. Alejandro Vilarello (City Attorney): Commissioner, I believe he... Chairman Plummer: Mr. Craig Sharer. Mr. Vilarello: It was announced at the last meeting that he withdrew his request to appear before the Commission. Chairman Plummer: This matter is -- Item 12 is withdrawn by the City Attorney's announcement. Mr. Vilarello: By the individual. Yes, sir. 261 July 27, 1999 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. Chairman Plummer: All right. Item 13. I saw Mr. Johnakin. Mr. Johnakin, you have the microphone, sir. Mr. Thelbert Johnakin: Good morning. My name is Thelbert Johnakin, 5821 Northwest 7th Avenue. I'm pleased to say that the gate's all fixed. The doors are fixed. And I want to thank each of you for your support. But there are -- if I can just have two minutes of your time? There is something else that I think that this Commission or board should know. On the 23rd, I received a call from north station, reference to a secretary was walking and her feet got caught in the rug and, as she was falling, she was trying to hold on to a desk and her muscles in her stomach was strained. Now, this secretary is in and out the doctor's office. I have taken my time and I've taken pictures of this -- of these rugs on the floor so that this board of Commissioners can see that how unsafe that there is. I don't know whether you have the time for me to show these pictures to you, but I would leave them with you. I think... Chairman Plummer: Mr. Johnakin, I think you can give those to the Manager. That's the quickest way. Cut us out as middlemen to get it repaired. Mr. Johnakin: OK. Thank you. Chairman Plummer: Thank you, sir. 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 Chairman Plummer: The next item, if the TV camera will move a little bit, is 17. Item 17 is the Redevelopment Agency for US Housing and Urban Development, the funding policy. It is an emergency ordinance. It will require a four/fifths vote. Is it moved by anyone? Commissioner Teele: May I get some clarification? Chairman Plummer: Surely. Mr. Teele. Commissioner Teele: Mr. Attorney, is the glitch... Mr. Alejandro Vilarello (City Attorney): I'm sorry, Commissioner. I would request -- this is just the rescinding of a prior ordinance. I would request a deferral, so that I could properly examine the item that's before you. I think there's an error within the document. Commissioner Teele: Well, that was why I pulled it from the agenda last time. There's a big error in it because it does a lot more than it says here. 262 July 27, 1999 Mr. Vilarello: Yes, sir. And I'd like to -- if the Commission would... Commissioner Teele: I would ask that the item be deferred. Mr. Vilarello: Thank you, sir. Chairman Plummer: Motion by Commissioner Teele to defer. Seconded by Sanchez. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Show it unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-575 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED EMERGENCY ORDINANCE TO SUNSET THE INDEPENDENT COMMUNITY REDEVELOPMENT AGENCY AND U.S. HOUSING AND URBAN DEVELOPMENT FUNDING POLICY, PROGRAM AND PROCEDURES REVIEW COMMITTEE). 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. 57. DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO AMEND THE. CODE "TOWING OF MOTOR -VEHICLES;"' TO RENAME_ '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 Chairman Plummer: The next item is 25. Item 25 is the towing of motor vehicles, and that is the booting ordinance. Mr. Manager, Mr. Attorney, I ask that it be drafted after the ordinance of Miami Beach, which, I thought was... Mr. Alejandro Vilarello (City Attorney): As it appears in the agenda, it is so drafted. 263 July 27, 1999 Chairman Plummer: All right. Vice Chairman Gort: My understanding is -- and I just got some information, that... Chairman Plummer: Mr. Gort. Vice Chairman Gort: ...the one in Miami Beach has got problems. My understanding is, some information about (inaudible) was dropped in my office on Friday. I've not had the time to look it. I really would like to defer it. This is a very important item. Chairman Plummer: I agree with that, Mr. Gort. The only problem that I have is not losing our option of having the County tell us what to do. Mr. City Attorney. Mr. Vilarello: In order to have -- the City to have regulations with regards to these items, it must have an adopted ordinance prior to October 1, 1999. Vice Chairman Gort: Prior to October 1st. Chairman Plummer: So, we've got two meetings in September? Mr. Vilarello: Yes, sir. Chairman Plurmner: So, we can do it then. I have... Mr. Vilarello: However, Commissioner, when you pass an item on the first reading in September, it's very difficult to meet the advertising requirements to bring it back to you in the second meeting in September. Vice Chairman Gort: You can always do it as an emergency hearing. Mr. Vilarello: That, you could. Chairman Plummer: OK. So, at the request... Vice Chairman Gort: Move for defer. Chairman Plummer: ...of our colleague to defer? Vice Chairman Gort: Yes. Chairman Plummer: Is there a second? Vice Chairman Gort: The first meeting of September. Chairman Plummer: All right. Seconded by Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Commissioner Sanchez: Aye. 264 July 27, 1999 Chairman Plummer: Show Mr. Sanchez in opposition. The following motion was introduced by Vice Chairman Gort, who moved its adoption: MOTION NO. 99-576 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 25 (PROPOSED FIRST READING ORDINANCE TO AMEND THE CODE RELATED TO THE IMMOBILIZATION OF VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION OR AUTHORITY) FOR ADDITIONAL INFORMATION; FURTHER DIRECTING THE MANAGER TO SCHEDULE THIS ISSUE AS AN EMERGENCY ORDINANCE ON THE MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 14, 1999. 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 Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: Commissioner Joe Sanchez ABSENT: None. 58. (A) CONSIDER (MOTION FAILED) PROPOSED REVOCABLE LICENSE AGREEMENT WITH TIMELESS ENTERPRISE, INC., FOR USE OF 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. Chairman Plummer: The next item is... Vice Chairman Gort: Twenty-eight. Chairman Plummer: Boy, my eyes are deceiving me. Vice Chairman Gort: Twenty-eight. Chairman Plummer: Twenty-eight. Item 28 is rental of property in the Overtown Shopping Center of 4,088 feet, for a monthly fee of two thousand two hundred dollars and thirty-three cents ($2,200.33), and that is to Timeless Enterprise. It is a resolution. Is there a motion? Commissioner Teele: So moved, Mr. Chairman. 265 July 27, 1999 Chairman Plummer: Moved by Teele. Second by? Vice Chairman Gort: Second. Under discussion. Chairman Plummer: Gort. Vice Chairman Gort: what kind of business... Chairman Plummer: Under discussion. Mr. Gort. Vice Chairman Gort: What kind of business is that? What kind of operation that's going to be? Ms. Laura Billberry: This will be -- Laura Billberry, Asset Management. This will be train people -- to train people to before Home Health Aides and Certified Nurse Assistants. Vice Chairman Gort: OK. So, it will be sort of a school? Ms. Billberry: Right. Chairman Plummer: All in favor say "aye." Commissioner Teele: Mr. Chairman? Chairman Plummer: I'm sorry. Mr. Teele. Commissioner Teele: I moved it for discussion. Chairman Plummer: Oh, I'm sorry. I didn't hear that. Commissioner Teele: Mr. Chairman, this, I think, is something that I intend to vote no against and I'm not, at all, upset that it's here. I think this is a carry-over of very, very bad policies that the City has been embarked upon. The Overtown Shopping Center -- first of all, I've never been briefed on this matter, although I've made sure that I've familiarized myself with the item. But, Mr. Manager, in the future, I would expect that the staff would brief me, as a district Commissioner or any of my colleagues as district Commissioners, on any matter that relates to City or municipally -owned properties in a particular district or a use -- and we've asked the City Attorney, several times, to draw up an ordinance to codify this, and I would renew that request, Mr. Attorney; that we codify the requirement, that matters relating to municipal properties, in a particular district, or particular uses, I think, that Commissioner Sanchez and others talked about before; that Commissioners should be afforded, at least, the courtesy of being briefed on this. If I had been briefed on it, I would have said, privately, what I'm going to say now. The Overtown Shopping Center is a mess. It is a disaster. It is a Model Cities -- I mean, a Lyndon Johnson era -Model Cities, not in the sense of the city of Model Cities, mess. It was never thought out. It has not worked. It still doesn't work. I would like a list of all of the tenants there and the amount, per square foot, they are paying. It's my understanding they pay fifty cent ($0.50) a square foot up to. The problem with this action -- and I don't have a solution, and I hope it passes. I'm voting against it -- is that the Model City Shopping Center was never set up to be a shopping center, and it's never worked as a shopping center. It is an economic disaster. It costs the citizens of this community, from our general fund money, to keep it up. We've got people in there that have huge tracts of the footage, paying literally a gift rate. It doesn't pay enough to pick up the garbage. But the worst thing about this -- and I think, Dena, you need to know -- you need to talk to 266 July 27, 1999 Republic Bank and those people. They have repeatedly asked that the City remove the NET (Neighborhood Enhancement Team) office from the shopping center, and these other administrative buildings from the shopping center. At some point, Mr. Manager, I would hope that the Planning Department and the development department and the Community Development Department could look at this. As a CRA (Community Redevelopment Agency) Chairperson, it's three blocks outside of our boundary and I've stayed away from it, out of respect for the City. But the fact of the matter is, putting this use in that shopping center is the continuation of 30 years or 20 some years of bad policy in the African American community in Overtown. That shopping center should either be a shopping center with commercial and retail establishments or we should make it an administrative business. Nobody -- Dena, if you're driving to the Shops at Sunset or to Sawgrass Mill, if you or any other citizen sees eight police cars in the front of the shopping center, what are you going to do? Ms. Dean Bianchino (Assistant City Manager): I'm not going to go there. Commissioner Teele: You're going to drive on by and say "something's going on. I'll come back later." OK. And I don't quarrel with the Police Department and the NET office for being there, but the bank has said repeatedly, by having all of the police cars right there at the entrance of the shopping center -- there are some people, believe it or not, in the community who, when they see police, tend to go the other way. That discourages shopping. And what I'm saying is, we've got these series of decisions that this Commission has made. I don't want to join in on the bad decisions, OK? And, that is, I don't think that we should have administrative offices. I don't think we should have law enforcement offices. The State of Florida has, I think, the Office of Family Services there. They've moved out? When did they move out? They were the one -- the second largest tenant there for years. And what we have is, we have a handful of commercial people there trying to -- a beauty shop, a barber shop, trying to bring people there and I just don't think we thought it through. Now, Mr. Manager, in this regard, I commend you because the problem is the shopping center is a cash draw on the general fund to maintain it, because we don't collect enough rent to cover the costs of running the shopping center, and I don't have a solution. The point that I'm making is this. The number one priority that I have established as the Commissioner that represents Overtown is to create jobs and the only way to create jobs is through business ownership and business activity. This takes us further away from that, in my judgment, as it relates to that. And I, respectfully, vote against it. I hope it passes, but I don't want to join in on what this Commission has done for 25 years in that community. Chairman Plummer: Since Commissioner... Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Commissioner Gort. Vice Chairman Gort: I have a little experience in the retail, being involved with the different Chamber of Commerce and so on. And the most important thing in the shopping center is your retail mix. This is one of the problems that we have in a lot of places. If you don't have the right retail mix, people -- and I commend the Administration because I know that shopping center have had a lot of problems and you were told, "get somebody to rent it." Now, my question is, the supermarket is being very successful? Ms. Billberry: To the best of my knowledge, that is correct. Vice Chairman Gort: To the best of my knowledge, the time that I've been there, it seems like it's working and it's working -- and they're making the payments and so on. Ms. Billberry: Correct. 267 July 27, 1999 • 0- Vice Chairman Gort: We also had beauty parlor go in there. Did that go in already? Ms. Billberry: Yes, it did. Vice Chairman Gort: We approved that? Is that established and it's an ongoing business? Ms. Billberry: It's ongoing, yes. Vice Chairman Gort: OK. We have the bank. The bank is doing well staying there so far? I mean, that was a big commitment the bank made about two years ago. Commissioner Teele: Great commitment. Vice Chairman Gort: And they're still there. So, how many more spaces you have open? Mr. Donald Warshaw (City Manager): Right. There's the Laundromat, as well. Ms. Billberry: Right, there's a laundra... Vice Chairman Gort: The Laundromat, that's a good one. Ms. Billberry: The original NET office is there at this time. Shanda's Hair and Nail Studio, the Overtown Advisory Board, Viko Drug Store, the grocery store, and Naunchi Enterprises is the Laundromat. In answer to Commissioner Teele's previous question, Dade County Youth and Family moved out July of last year. Vice Chairman Gorr: And that is an empty space now? Ms. Billberry: This is -- that's the space proposed for Timeless Enterprises today. Vice Chairman Gort: Thank you. Chairman Plummer: All right. Since Commissioner Teele wishes to vote against the issue, call the roll. [COMMENTS MADE DURING ROLL CALL] Vice Chairman Gort: Being that it's within his district, I'll have to respect him. And I would like to see -- and I understand the Administration has done a great job in trying to bring people in there, but I think something like that we have a government center and community center that's about two blocks away. So, maybe some of those uses could be moved to that and bring more commercial into the area, which, I think would be very important. For those reasons, I'll vote no. 268 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: Commissioner Joe Sanchez NAYS: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. ABSENT: None. 59. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE TO ACCEPT PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PROVIDE EMPLOYMENT AND ANNUAL PHYSICAL EXAMINATIONS AND HEPATITIS B IMMUNIZATION FOR DESIGNATED PERSONNEL. [See section 61] Chairman Plummer: The next item on the agenda is Item 30. Item 30 is the resolution in reference to Mercy Medical Development, having the physical examinations and giving the Hepatitis B immunization. Mr. City Attorney, for the record, I used to be a member of a board that hasn't met there in two years, and I think that, in fact, it's dissolved. What should I do, sir? Mr. Alejandro Vilarello (City Attorney): You should ask me prior to the meeting, so that I could fully advise you. However, you indicated you're no longer a member of that board. Chairman Plummer: As far as I know, the board does no longer exist. They've not had a meeting in over two years. Mr. Vilarello: At the time that you served on the board, did you receive any remunerations? Chairman Plummer: Nothing whatsoever. Mr. Vilarello: With the information I have right now, I don't believe you have a conflict and you must vote on this item. Chairman Plummer: Thank you, sir. Is there a motion? Commissioner Teele: Is it in your district? Chairman Plummer: Yes. Mercy Hospital is, but it's for overall. It's the Police Department. Commissioner Teele: I so move. 269 July 27, 1999 Chairman Plummer: Police and Fire. Commissioner Sanchez: Second. Chairman Plummer: Moved by Teele. Seconded by Sanchez. It is a resolution. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: 016=60ME630=0 A MOTION TO ACCEPT RECOMMENDATION OF THE CITY MANAGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PROVIDE EMPLOYMENT AND ANNUAL PHYSICAL EXAMINATIONS AND HEPATITIS B IMMUNIZATION FOR DESIGNATED CITY PERSONNEL. 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. 60. ACCEPT BID OF A -I DURAN ROOFING, 'INC:, FOR "RECREATION BUILDING ROOF REPLACEMENT, B-3266 A, B && C" ,($99,000);ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT ORDINANCE NO. 11705. Chairman Plummer: The next item is Item 33, am I correct on that? Item 33 is a resolution accepting the bid of Duran Roofing of a hundred and eight thousand nine hundred and thirty dollars ($108,930); a recreation building roof replacement. Where? Mr. Jim Kay (Director, Public Works): At three parks. Chairman Plummer: At which park? Mr. Kay: Three different parks. 270 July 27, 1999 Chairman Plummer: Three different parks. Mr. Kay: Athalie Range, African Square and Robert King High. Chairman Plummer: OK. Is there a... Commissioner Teele: So moved, Mr. Chairman. Chairman Plummer: Moved by Commissioner Teele. Commissioner Sanchez: Second. Chairman Plummer: Seconded by Regalado. Mr... Mr. Donald Warshaw (City Manager): Go back to 30. Got to add something. Chairman Plummer: All right, sir. Had to go to Hialeah to get a roofer, huh? Mr. Kay: Sir, we received seven bids. That was the low bid. Chairman Plummer: Yeah. Don't have a roofer in the City. OK. All in favor -- I'm sorry. Mr. Cruz. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. No. I want to find out, in that -- because I didn't see any backup material. Anything for the roof of a building in Moore Park... Chairman Plummer: Anything at Moore Park? Mr. Cruz: Because people were complaining to me about the roof there. Chairman Plummer: All right. Well, let's ask the question. Does it relate to Moore Park. Mr. Kay: No, this one does not. Chairman Plummer: It does not, sir. Mr. Cruz: OK. But now have that in mind, that Moore Park, people complain about. Mr. Kay: Yes, sir. Chairman Plummer: OK. All right. All in favor of Item 33 say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 271 July 27, 1999 • • The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-578 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF A-1 DURAN ROOFING, INC. FOR THE PROJECT ENTITLED "RECREATION BUILDING ROOF REPLACEMENT, B-3266 A, B & C" IN THE AMOUNT OF $99,000; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331070, 331053, 333108 AS APPROPRIATED BY THE FISCAL YEAR 1998-1999 CAPITAL IMPROVEMENT ORDINANCE NO. 11705 AS AMENDED, IN THE AMOUNT OF $99,000 THE CONTRACT COST, $9,930 ESTIMATED EXPENSES, TOTAL ESTIMATED PROJECT COST $108,930; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. 61. ACCEPT RECOMMENDATION OF MANAGER TO "APPROVE FINDINGS OF THE EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF 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 Chairman Plummer: Mr. Manager ask that we go back to Item 30. Mr. Donald Warshaw (City Manager): For the record, we need to add... Chairman Plummer: For the record, Item 30. Ms. Renee Jones: Good morning. Renee Jones, Department of Human Resources. For the record, this 272 July 27, 1999 resolution has been amended to include an additional funding source, which is Special Programs and Accounts, Account Code Number 001000.921202.6.260. Thank you. Chairman Plummer: Is that for an additional amount of money? Ms. Jones: No. Chairman Plummer: It is not. Do we need to vote on that, Madam Clerk? Do not. Ms. Maria J. Argudin (Assistant City Clerk): It's a point of clarification. Chairman Plummer: All Commissioners understand? Commissioner Regalado: Yes. Chairman Plummer: Then, we'll not vote on it again. Mr. Alejandro Vilarello (City Attorney): Commissioner, I really prefer that you reconsider the item and include the additional funding source. Commissioner Teele: Motion to reconsider. Chairman Plummer: Motion to reconsider by Teele. Seconded by Gort. All in favor of reconsideration say "aye " The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-579 A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION NO. 99-577, WHICH HAD ACCEPTED RECOMMENDATION OF THE CITY MANGER TO APPROVE FINDINGS OF EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PROVIDE EMPLOYMENT AND ANNUAL PHYSICAL EXAMINATIONS AND HEPATITIS B IMMUNIZATION FOR DESIGNATED CITY PERSONNEL. [Note for the Record: Said item was immediately thereafter passed and adopted as modified.] 273 July 27, 1999 • • 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. Chairman Plummer: Now, a vote on Item 30. By Teele. Seconded by Gort. Commissioner Teele: As amended and explained. Chairman Plummer: As amended and explained. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 274 July 27, 1999 • 0 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-580 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT DB/A MERCY OUTPATIENT CENTER TO PROVIDE EMPLOYMENT AND ANNUAL PHYSICAL EXAMINATIONS AND HEPATITIS B IMMUNIZATION (PART I AND PART II SERVICES) FOR DESIGNATED PERSONNEL, AT A PROPOSED ANNUAL COST OF $744,923 PER YEAR FOR THE INITIAL TWO YEAR PERIOD, FOR THE DEPARTMENT OF HUMAN RESOURCES, - AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR AN INITIAL TWO (2) YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME TERMS AND CONDITIONS; AUTHORIZING AN INCREASE NOT TO EXCEED 5% IN THE AMOUNT OF COMPENSATION WHICH SHALL BE EFFECTIVE ON THE FIRST DAY OF THE FIRST OPTION PERIOD AND REMAIN IN EFFECT THROUGH THE REMAINING TERM OF THE CONTRACT; ALLOCATING FUNDS THEREFOR, FROM THE GENERAL OPERATING BUDGETS OF THE DEPARTMENT OF HUMAN RESOURCES, ACCOUNT CODE NO. 001000.270101.6.260; DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280401.6.260, AND DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.260; FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS (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. 275 July 27, 1999 • • 52. ACCEPT BID OF MARIN & MARIN CONSTRUCTION;: INC.; FOR "WATSON ISLAND BOAT RAMP & DOCKS REPLACEMENT PROJECT, B-6314" ($239,556.22); ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT AND APPROPRIATION ORDINANCE NO. 11705. Chairman Plummer: The next item is Item 33 or did we do that one? No, that's the roof. Did we vote on the roof? Mr. Kay: Yes, sir, we did. Mr. Donald Warshaw (City Manager): Yes. Chairman Plummer: All right. So, now we're on 34. Thirty-four is Watson Island, the boat ramps and dock replacements. Vice Chairman Gort: That was referring to the September. Chairman Plummer: I'm sorry? Thirty-four? I have 34 as not done. Mr. Jim Kay (Director, Public Works): It's not. It wasn't done last time. Chairman Plummer: All right. Vice Chairman Gort: Well, my understanding, it was deferred until September. Mr. Donald Warshaw: I think you're referring to the other item on Bayside ramp. Vice Chairman Gort: OK, OK. Chairman Plummer: All right. Is there a motion? Commissioner Regalado: I'll move it. Chairman Plummer: Moved by Regalado. Commissioner Sanchez: Second for the purpose of discussion. Chairman Plummer: Seconded by Sanchez. Commissioner Sanchez: Second for the purpose of discussion. Chairman Plummer: Discussion. Mr. Sanchez. Commissioner Sanchez: How many bidders came back with a bid? Mr. Kay: We had five bidders, I believe, on this project. I'll check for sure. Chairman Plummer: This is a local bidder? 276 July 27, 1999 Commissioner Sanchez: Yes. Mr. Kay: Yes, it is. Commissioner Sanchez: Is this the lowest bidder? Mr. Kay: Yes, sir. Chairman Plummer: No further discussion. All in favor of Item 34 say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 99-581 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MARIN & MARIN CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "WATSON ISLAND BOAT RAMP & DOCKS REPLACEMENT PROJECT, B-6314" IN THE TOTAL BID PROPOSAL AMOUNT OF $239,556.22; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 333126, AS APPROPRIATED BY THE FISCAL YEAR 1998 - 1999 CAPITAL IMPROVEMENT AND APPROPRIATION ORDINANCE NO. 11705, AS AMENDED, IN THE AMOUNT OF $239,556.22 THE CONTRACT COST AND $39,932.78 ESTIMATED EXPENSES, TOTAL ESTIMATED COST OF $279,489, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. 277 July 27, 1999 63. AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE A : CONTRACT WITH VALUATION RESOURCE MANAGEMENT, INC. (VRM), AS THE MOST QUALIFIED FIRM, UNDER THE EXISTING-SEMINOLE COUNTY CONTRACT TO CONDUCT AN INVENTORY, VALUATION' AND BAR-CODING OY ALL TANGIBLE PROPERTY OF THE CITY OF MIAMI, FOR THE DEPARTMENT OF FINANCE, 65000); ALLOCATE FUNDS FROM THE FINANCE DEPARTMENT. Chairman Plummer: Thirty-five is a contract for the City Manager to negotiate a contract for fifty thousand dollars ($50,000) for the most qualified firm; the Valuation Resource Management, Inc.; to conduct an inventory valuation and bar-coding of all tangible property in the City of Miami. Mr. Donald Warshaw (City Manager): I think we need to explain to you why... Commissioner Sanchez: Yes. Mr. Warshaw: What this is all about. Ms. Julie Weatherholtz: Julie Weatherholtz, Finance Director. The reason we're using this firm is, they're going to come in and they're going to do a physical inventory of all of our fixed assets; they're going to create a database and, then, that database will be uploaded into our newly implemented fixed assets system. Our prior fixed asset system, when we moved to the new main frame, could not be placed on that main frame. It is not Y2K compliant. Two years ago the City purchased a fixed asset system that is Y2K compliant and this process will allow us to bring that up on line. In addition to that, GASB (Government Accounting Standard Board) has come down with a new reporting model so that, in fiscal year 2001, our financial statements will have to be reported in a different format, and that format includes fixed assets being reported in your general fund, along with depreciation. So, therefore, it's imperative to have a fixed assets system in place that's recording depreciation. And, lastly, this is an audit comment that the City has carried on its financial statements for several years and this will clear that audit comment. Chairman Plummer: Thank you, ma'am. Is there a motion? Commissioner Teele: So moved, Mr. Chairman. Chairman Plummer: By Teele. Seconded by. Commissioner Sanchez: Second. Chairman Plummer: Sanchez. It is a resolution. Understood? All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 278 July 27, 1999 • • The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-582 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VALUATION RESOURCE MANAGEMENT, INC. (VRM), AS THE MOST QUALIFIED FIRM, UNDER THE EXISTING SEMINOLE COUNTY CONTRACT PURSUANT TO RFP NO. 457-98/JVP, TO CONDUCT AN INVENTORY, VALUATION AND BAR-CODING OF ALL TANGIBLE PROPERTY OF THE CITY OF MIAMI, FLORIDA, FOR THE DEPARTMENT OF FINANCE, IN AN AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS THEREFOR FROM THE FINANCE DEPARTMENT, ACCOUNTING DIVISION, ACCOUNT CODE NO. 001000.260201.6.270. (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. 279 July 27, 1999 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 REOUIRE 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; 7-3, 74, 95, 96, 99, 100,101,:1021 Chairman Plummer: Item 36. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I call for the order of the day. Chairman Plummer: Order of the day. Commissioner Teele: We set, at time certain, 10:30 to take up the legislative matters relating to the Charter. Chairman Plummer: It is 10:30. Commissioner Teele: And, Mr. Chairman, I note, just for the record, although a number of district items were taken up in the last meeting, I did not take up, and I note the presence of a number of distinguished citizens or citizens that are here that have a legitimate concern. That item is on District Item Number A, and I would ask that we take up the order of the day, which is the 10:30 time certain item, followed by this item, if the Chair would allow it. Chairman Plummer: I have no problem. Commissioner Teele: Recognizing, I think, that one of our colleagues has to leave at 11:45. Chairman Plummer: More or less. OK. Mr. City Attorney, on the item relating to the Charter changes. Mr. Alejandro Vilarello (City Attorney): Yes, sir. Chairman Plummer: Just for the record, I don't know why but I wanted, for the record, that I received the basic this morning. I am told it was delivered to my house over the weekend, that nobody was home and 280 July 27, 1999 because of that, delivery was not made but, in fact, I got it this morning. I don't when the rest of you got it. Mr. Vilarello: After the City Commission gave me direction on Tuesday to prepare three questions, myself and my staff worked for the next three days trying to put together a series of questions, as directed by the City Commission. Late Friday evening we attempted to provide copies of the resolutions, which had -- which we had put together. We were successful, in some regards. Some were delivered Saturday and I believe two were not delivered until this morning. However, it does contain, as requested, one question with regard to Strong Mayor; one with regard to an Independent Auditor General and, unfortunately, the Disposition of City Property, in order to properly phrase the questions in a way that would be understandable and also meet with the requirements of the law, it was necessary to break those down into four separate questions. So, I present it to you... Commissioner Teele: Excuse me? Would you state what you just said again? Mr. Vilarello: With -- the last item? Commissioner Teele: Yes. Mr. Vilarello: The items with regard to Disposition of City Property, the City Commission asked me to come back with a single question on that issue. However, in order to summarize clearly what was being undertaken, it was necessary to break that down into four separate questions. So, instead of bringing back three questions, I brought you back one on the Strong Mayor, one on the Independent Auditor General, and four with regard to Disposition of City Property. Chairman Plummer: What about the amount of money to be spent by a Manager or Strong Mayor, whichever, was to be increased from the 45 to 20? Mr. Vilarello: My understanding is, the City Commission did not give me a direction with regard to that. Chairman Plummer: I thought we did. It was only the -- the purview that, in fact, it would be reported to the City Commission. Mr. Vilarello: The. Charter Review Committee did report on that. Chairman Plummer: Well, wait a minute. The Commission sent you -- I do recall three items, OK. So, I stand corrected. All right. Questions by the Commission. Discussion by the Commission. Commissioner Sanchez: On which item? Chairman Plummer: Any of them. Commissioner Regalado: Are we going to take Item 1, the Form of Government, first? Chairman Plummer: If that's what you want. Commissioner Regalado: OK. Chairman Plummer: However you want to do it. Commissioner Regalado: I will ask the Commission to do that, if possible. 281 July 27, 1999 Chairman Plummer: Is that a motion? Commissioner Regalado: Does it need a motion or just a -- I mean... Chairman Plummer: Mr. City Attorney. Mr. Vilarello: It is a resolution, which this City Commission must adopt. Commissioner Regalado: No, no. What I'm saying is that, if we can discuss first the Form of Government and, then, move to another... Chairman Plummer: You want to discuss it, then move it? Discuss it, then move it? Is that how you want to handle it? Commissioner Regalado: Yeah. Chairman Plummer: That's fine with me, sir. OK. The first one is on the Strong Major concept, and it's open for discussion. Commissioner Teele: Mr. Chairman, I would ask... Chairman Plummer: Mr. Teele? Commissioner Teele: ...that the City Attorney -- if the City Attorney would give us -- walk us through it and make sure that we're all on the same page, please. Mr. Vilarello: The proposed language in this resolution essentially will give the Mayor the powers, duties and responsibilities currently held by the City Manager, including the supervision of all City departments, the ability to appoint and remove department directors, with the City Commission -- with City Commission approval; the power to initiate investigations, to prepare the budget and to recommend salary scales and setting salaries of City employees. The Mayor would appoint members of City boards and committees, except as otherwise provided by the Charter or State Statute. The time period of the Mayor's veto would change now to approximately two business days, following the adjournment of City Commission meeting. Under the proposed amendment, the election for Mayor under the Strong Mayor Commission form of government would be held on March 14th. That is, if this resolution, which is going to be on the ballot, if this Commission approves it in November, that item is approved, there would be an election for Mayor on March 14, year 2000. That term would only be through November of 2001. At that point, there will be a four-year term for the Mayor and that would -- the term would be limited --the Mayor's term would be limited to two full consecutive terms. Commissioner Sanchez: Alex? Mr. Vilarello: Yes. Commissioner Sanchez: If I could just interrupt you. And that would not be considered a term, correct? Mr. Vilarello: The way I've written the language, that would not be considered a term. And, finally, the absence, it does provide for a succession of Mayor -- a succession of the Mayor in the Mayor's absence, and it also provides for the Commission's ability to choose its own Chair and Vice Chair. One additional issue. 282 July 27, 1999 Because the March 14th election is one that doesn't have a follow-up, the election on March 14 would be for Mayor and the winner would be by plurality. Chairman Plummer: That's different. I have two questions and I guess I have to ask of Mr. Gort. Mr. Gort, what was the reason for the 48 hours? I mean, I don't understand the rush of the veto of a Mayor. Was there a rationale of why they discovered 48 hours? Vice Chairman Gort: No rationale that I know of. Chairman Plummer: Under normal circumstances around here, we have a problem of getting what it is into the Mayor's hands, and I would say that I think that that's unreasonable. I'm open to what would be reasonable. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I join your concern on that particular provision. I think the standard should be -- the standard of why we would change it? And if the Charter Committee didn't give us a rationale on why -- what is it now, 10 days? Chairman Plummer: Ten days. Vice Chairman Gort: Ten days. Commissioner Teele: The issue is, is there a rationale contained in the report to us on changing it from 10 to 2? Vice Chairman Gort: Not that I recall right now. Chairman Plummer: All right. Then, I will ask that that be changed back to the 10 days. The second, what was the rationale of.. Commissioner Teele: Mr. Chairman? Chairman Plummer: I'm sorry. Commissioner Teele: In fairness to the process, I think the Chairman, generally, has broad prerogatives, but we should get a vote on any change that we're... Chairman Plummer: All right. Well, you don't want to vote until the discussion is over, is -- was my understanding. Commissioner Teele: But let's have the discussion on each change separately. Chairman Plummer: If that's what you want. That was not my understanding, but if that's what you want, I have no problem with it. Commissioner Teele: I would move the Chairman's recommendation that we go -- that we move the veto period from the two-day period to the 10 working days. To the 10 calendar days. 283 July 27, 1999 • • Mr. Vilarello: Just so it's clear. So that -- it remains exactly the way it is currently in our Charter? Commissioner Teele: So that it would remain exactly as it is. Chairman Plummer: Is there a second? Commissioner Regalado: I'll second. Chairman Plummer: All right. It is moved and seconded. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-583 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT TO PROVIDE A TEN DAY PERIOD OF TIME FROM THE DAY THE COMMISSION PASSES LEGISLATION WITHIN WHICH THE STRONG MAYOR COULD VETO SAID LEGISLATION, THEREBY LEAVING SAID SECTION OF THE CHARTER THE SAME AS IT CURRENTLY IS. 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. Chairman Plummer: The next question I have, Mr. Gort. I'm at a lost to understand why term limits for the Mayor, but they didn't recommend term limits for the Commission. Vice Chairman Gort: Frankly, as the Chairperson, I followed the direction of the majority of the people that sit in the -- I, personally, am not in favor of the term limit. I think term limit has created a big problem in Tallahassee for us. We have a lot of good legislators that we just elected. They're doing very well. They finally got somewhere and now they have to change their position. Personally, I was against the term limit. I don't think -- I think the best term limit there is is the people itself. The people can tell if the elected official is doing the job or not and they can reject it. I believe that, if someone is doing a great job and deserves to stay and wants to stay, wants to continue to serve should have the right to do so. We're going to 284 July 27, 1999 have a lot of problems next year in the legislation, in the year 2002, because of all the young individuals that were involved in the legislature, that done a great job. They finally learned how to work on legislation and they have to change so they can't run again. So, personally, I'm against it. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: You know, I have to take a different route than Commissioner Gort on term limits. I think that term limits is good in a way. It really gives an individual the opportunity to represent his community for eight years, which is a lot of years. What it does, it also opens up the doors for other individuals who are determined and also accept the will to represent a community. I do believe that what's good for the goose is good for the gander, and I don't see a problem with also the Commissioners having a term limit, if somebody willing to make a motion for it. Commissioner Teele: Mr. Chairman, I'm willing to make a motion. Chairman Plummer: Mr. Teele. Commissioner Teele: I'm willing to make a motion that the term limits provisions be deleted. Chairman Plummer: There's a motion by Teele to delete term limits. Is there a second? Vice Chairman Gort: Second. Chairman Plummer: There is a second. Commissioner Teele: Mr. Chainnan, let me tell you why. Chairman Plummer: All right, sir. Commissioner Teele: Commissioner Sanchez' rationale is very logical. If there's a term limit for the Mayor, then there should be a term limit for the Commission. Chairman Plummer: That was my point. Commissioner Teele: The problem is going to be -- and this is the problem that I was in before in voting against the Executive Mayor. I was not against the Executive Mayor provision, as I indicated then. I don't think we can put so much on the ballot that it confuses the voters. In that we don't have a legislative issue on the ballot relating to the Commission, we're going to be open to the criticism that we're putting a term limit on the Mayor, but not putting a term limit on ourselves. Chairman Plummer: That's the reason I brought it up. Commissioner Teele: I would be very, very willing to commit to Commissioner Sanchez and the public right now, that when we take up the remainder of the Charter Reform package, that we should look at tern limits for both the Mayor and the Commission, but as one item, not spreading them out so that it looks like we're doing one for something else and not doing it for ourselves, and give the voters to determine -- a chance to vote on that as a packaged item. So, I'm not, at all, disagreeing with what you're saying, Commissioner Sanchez. I think it's just illogical at this point for us to put a term limit on the Mayor and not 285 July 27, 1999 91 0 to put one on ourselves. Commissioner Sanchez: Mr. Chairman, I agree with you a hundred percent. And if we're going to put a term limit on the Mayor, I think that we should put a term limit on the Commission, too. Commissioner Teele: And, so, to get to that point -- since we don't have an issue on the ballot relating to the Commission, the only way to get to that point would be to remove it from the Mayor at this time, but reserve the right to put it on the next time we take this item up. And I would imagine we're going to be right back in this same position in the next three months. Because it is my intent, at the close of this, to extend the Charter Reform Commission's life an additional three to four months so that there can be Charter issues on the ballot in March, as well. So... Chairman Plummer: Any further discussion on the motion and the motion on the floor is to remove from the Charter Amendment that relating to term limits of the Mayor? Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Mr. Gort. Vice Chairman Gort: I'd just like to give a statement. My understanding is, the major reason why people wanted term limit is because they believe it does not give an opportunity to other individuals to get elected. Because incumbent -- we see in the reports where the incumbent, 80 percent get re-elected. That's very difficult, but we, right here in Dade County, we've had the experience where two very well-known incoming were defeated by newcomers. So, I think the people sometimes are the best to tell you what the term should be. Chairman Plummer: All right. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: The motion understood? Commissioner Sanchez: No. Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Mr. Chairman, I know a lot of decent people, hard working people out in this community that want to serve this community and, of course, being an incumbent, you exactly said the number right, about 80 percent get re-elected because they have first the backing, the commitment, the name recognition, that other people don't. I think that, if we would have had term limits in the City of Miami years ago, I think the City, today, would not be where it's at today. So, I am still in support that, if the Mayor's going to have term limits, I'm willing to make a motion that each and every one of us up here accept also the recommendation and the opportunity to have term limits. So, I'm willing -- when you're going to make that motion, I'm going to follow up making the motion that also each Commissioner up here should have a term limit. If I'm here for four years or eight years, I'll move on. There's a lot of people out there that are willing to make that sacrifice, and it is sacrifice when your family, your business, to sit up here and represent this community. So, they should be afforded... Commissioner Teele: You've convinced me. I'm changing my position. 286 July 27, 1999 Commissioner Sanchez: I'm glad that I was able to convince you. Commissioner Teele: And the way I would like to do it is this. Would be to delete the reference to the term limit relating to the Mayor now and to put on a separate ballot question for term limits in the -- in this election coming up relating to the Mayor and the Commission both being subject to term limits. Chairman Plummer: Well, after Mr. Sanchez' comments, I'd like to move his district to 30 days, but -- you made the first motion. Now, you're withdrawing your motion or you wish to amend it? Commissioner Teele: No, no, I'm not withdrawing my first motion. Chairman Plummer: All right. Commissioner Teele: What I'm saying, my motion would be to delete the reference to the term limits for the Mayor. Chairman Plummer: In our language. Commissioner Teele: In our language. And, further, to instruct the City Attorney to present us today ballot language -- can I tell you something, Alex? You know, this is not brain surgery. The County Commission Charter has a tenn limit right now, which this is drafted from, for the County Commission and the Mayor. Mr. Vilarello: Commissioner, I appreciate the comment; however, you do understand that it's something more than just getting on a typewriter and putting a few words together? Commissioner Teele: I fully comprehend that and I respect that. And if it can't be done, it can't be done. Mr. Vilarello: I certainly will use my best efforts, if that's what the City Commission likes to do. Chairman Plummer: So, if I understand what you're saying is, then it would be four items on the... Commissioner Teele: At this point, it's my understanding that what the City Attorney briefed us on in the beginning is that there will be seven items on, is the way I counted it. Chairman Plummer: All right. Is that correct, Mr. City Attorney? Mr. Vilarello: I've prepared... Commissioner Regalado: Seven questions. Commissioner Teele: Seven questions. Mr. Vilarello: ...seven questions. Commissioner Regalado: Seven questions. Commissioner Tcele: That was the briefing he gave us when we started. Mr. Vilarello: I'm sorry. Six questions. 287 July 27, 1999 0 0 Chairman Plummer: All right. So, now, what we're actually voting on right now is to delete from Article I, reference to term limits, and now creating... Commissioner Teele: For the Mayor. Chairman Plummer: For the Mayor. Article I relates only to the Mayor, and making now an Article VH, which would be -- is that correct? Mr. Vilarello: I think the appropriate motion is the one to remove the term limits of Mayor from the question you're asking right now and, then, separately, you have to pass a resolution directing me to draft a question on term limits for both Mayor and Commissioner. So, that would be a separate resolution. Chairman Plummer: Is that acceptable to the maker of the motion? Commissioner Teele: Yes, sir. Chairman Plummer: All right. Now, is there a second to that which has been changed? Vice Chairman Gort: Go over again the changes, please. Chairman Plummer: Go over the changes. Mr. Vilarello: The change would be to remove the term limit of Mayor and the language as currently proposed and under discussion. Commissioner Regalado: That's a separate issue? So, I... Chairman Plummer: That would be a separate issue, yes. Commissioner Regalado: I'll second it. Chairman Plummer: All right. Any further discussion on that item? I think there's going to be a dis -- no, not necessarily a disagreement. Commissioner Sanchez: I will vote no. Chairman Plummer: Oh, OK. Then, call the roll. 288 July 27, 1999 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-584 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT BY DELETING FROM SAID PROPOSED CHARTER AMENDMENT THE PROVISION OF TERM LIMIT FOR THE STRONG MAYOR; FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT A SEPARATE CHARTER AMENDMENT (NUMBER 7) MAKING PROVISIONS FOR LIMITING THE TERM OF THE STRONG MAYOR AND THE MEMBERS OF THE COMMISSION. 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 Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: Commissioner Joe Sanchez. ABSENT: None. Chairman Plummer: My final question. Mr. City Attorney, whether it's been rumor, innuendo or what, is there anything proposed in any of these Charter Amendments that gives the City Commission more power than it presently has today? Mr. Vilarello: From my review of the Charter Review Committee's recommendations, there does not appear to be any sections, which enhance the City Commission's powers. There is some modifications to the City Commission's powers, that is, the Mayor's appointments of department directors are subject to advice and consent of the City Commission. With that exception, I'm not sure how you could characterize an enhancement of the City Commission's powers. Chairman Plummer: OK. Further discussion? Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I have two or three technical issues that I would like the City Attorney to address that have --one of them have some substance. Starting with the first item that you have just raised, I believe that one could fairly conclude... Chairman Plummer: What is the first item? Commissioner Teele: The item is, does the City Commission have additional powers? 289 July 27, 1999 Chairman Plummer: All right. Commissioner Teele: With great deference to our City Attorney, I do think a lay person could conclude, in reading this, that the City Attorney has granted itself some powers. That doesn't bother me. What does bother me is that I don't think the City Commission, which is a legislative body, should break the federal mold or the governmental mold that has molded this country for some two hundred plus years. It is not appropriate, in my judgment, for the Commission to have the power to approve the firing of a department head, in my judgment. Currently, it's my reading of this -- and this is, I think, some of the misunderstanding that The Herald Editorial Board had when it said, "we had the power to hire and fire" in the editorial. 1 think, obviously, that was not correct. But I think it -- the language leads to some confusion. Would you explain and reference exactly what the language calls for under the Charter language that we're discussing? Mr. Vilarello: The proposed language, Commissioner, requires -- provides, "the Mayor shall appoint and remove all department directors with the consent and approval of the City Commission." That is, he needs to request the consent and approval on either the hiring or the removal of a department head. Commissioner Teele: And the analogy -- Mr. Chairman and members of the Commission, the analogy is that the Congress provides its advice and consent, its approval of the President's Cabinet and, in this context, the Florida Senate provides the advice and the consent of approval of the Governor's Cabinet, not. the Florida's Cabinet but the Governor's Cabinet. I am not certain that we should also change that model by giving approval on the firing. In other words, if the President wants to fire the Secretary of Transportation, he doesn't have to go to Congress and ask for that approval, and I think that's a little bit different. Now, what also is misleading in this whole discussion is, currently, we have the authority, this same authority, as it relates to the Police Chief, is that not correct? Mr. Vilarello: The removal of the Police Chief does require a hearing before the City Commission. Commissioner Teele: And that is wrong, too, for some purposes. I mean it's a change -- I shouldn't say it's wrong. It's distinct from the model. And, see, what we're doing now... Chairman Plummer: If you would? There is a State Statute relating to the removal of Police Chief. Commissioner Regalado: And the Fire Chief. Chairman Plummer: And I don't think... Commissioner Regalado: And the Fire Chief. Chairman Plummer: I don't think that he has -- he has the right of a hearing if he requests it, and it has to be within a specified number of days and it's heard -- you know, which I always thought was foolish -- by the same people that fired him. They're hearing the same thing again. But I do know that State Statutes come into play, am I correct? Commissioner Teele: There is a State Statute... Mr. Vilarello: The City Commission has the right to override the termination of the Fire Chief or the Police Chief. That's a City Manager's decision that this Commission has the power to override. Commissioner Teele: And what I'm saying to you is very simple. That same type of language is now in the 290 July 27, 1999 0' 0 Charter relating to all department heads, is that we have the authority to overrule the Commission. It doesn't require a hearing, as in the State Statute. But in this Charter language, the Commission has the authority to overrule the Mayor in firing a department head. Is that a fair statement? Mr. Vilarello: That's correct. Commissioner Teele: And I don't think that our powers should go that far. Chairman Plummer: I agree. Commissioner Teele: I think, if we're going to make a Strong Mayor, we should have the power to provide advice and consent of any department head. The same way as the Federal and State models, but that's where our powers should end, as it relates to that, except as it relates to budget items. And the bigger issue -- and the bigger question is what's not in the Charter. But I would like, for that reason, Mr. Chairman, to ask that the language related to the Commission authority to overrule the Mayor or to bring the firing of any person to us be deleted. Chairman Plummer: There is a motion. I'm not sure that I understand. Is there a second? Vice Chairman Gort: Second. Chairman Plummer: Seconded by Commissioner Gort. At the present time, Commissioner, we have the right to hire and fire the Manager, the Attorney... Commissioner Teele: The Clerk. Chairman Plummer: ...and the Clerk. Vice Chairman Gort: Not the Manager. Chairman Plummer: Am I correct on that? Mr. Vilarello: That's correct. Chairman Plummer: Correct. Vice Chairman Gort: Not the Manager. Chairman Plummer: Not the Manager? Sure, we have the right to hire the Manager. Vice Chairman Gort: Nope. Mr. Vilarello: Yes, you do. Vice Chairman Gort: No, we don't. Chairman Plummer: Yes, we do. Vice Chairman Gort: Under the new present system? 291 July 27, 1999 0 Mr. Vilarello: Four/fifths vote. Chairman Plummer: Not under the system that you're proposing here. What Commissioner Teele is recommending that that be deleted and I think that, under the circumstances, if this were to pass, the only thing that would be under this would be the Attorney and the Clerk. Mr. Vilarello: That's correct. Chairman Plummer: And the rest of it would be the separation of the administrative and the Commission for the purposes. Now, the only question I have -- Mr. Teele, you'll have to go a little bit further for me when you say advice and consent. Commissioner Regalado: If I -- he's on the phone. But just to -- I think what Commissioner Teele is saying, that any legislative body has the right -- when the President wants to appoint an Ambassador or a Cabinet member or an agency director, Congress has the right to reject the nomination by doing that. It's almost a firing. But when it goes to firing, after being accepted by Congress, Congress has no saying in the firing of the official. So, I guess, this is what you're saying, Commissioner. Chairman Plummer: Mr. Teele... Commissioner Teele: Yes, I am. Chairman Plummer: ...would you clarify better for me what is advice and consent means? Commissioner Teele: Well, I don't -- the attorney is not using that language, so I don't mean that. Advice and consent is essentially the right of the legislative branch to confirm the appointment of a -- but that language is not used in our Charter so... Mr. Vilarello: We use consent and approval. Commissioner Teele: The term advice and consent is a term of art and it has probably eight hundred cases that scrutinize it, and it essentially means the right of the legislative body -- the Constitution of the United States does not say that the Senate shall approve, by vote, ambassadors or cabinet members. It doesn't say that at all. It says, the Senate shall provide the advice and consent. Over the years, that has developed and the courts have interpreted that to be an absolute right, an absolute right, that no person can be appointed by the President to take office, unless they approve it by a majority vote. Chairman Plummer: Let me understand, since I'm not understanding the terminology. Does that mean that you're proposing that any department head appointed by the Manager -- by the Strong Mayor would have to be approved by the Commission? Commissioner Teele: Mr. Chairman, I'm not proposing that. We've already voted on that. And the answer to that, is that the Charter Reform Committee passed to us the fact that every department head goes through an advice and consent process, which means -- or a -- what is the term you all use? Mr. Vilarello: Consent and approval. Commissioner Teele: A consent and approval process. It's the same as advice and consent. And, therefore, this Commission would have a hearing, a -- just like a confirmation hearing. And the Commission would approve each and every department head appointed by the Mayor. Currently, we only approve the Manager. 292 July 27, 1999 Vice Chairman Gort: The Manager approves... Commissioner Teele: The Manager's being eliminated. And, so, all that is is just taking that to the next level, as it relates to that process. Chairman Plummer: That's not the way I read it. Commissioner Teele: Well. Chairman Plummer: The City Commission today... Commissioner Teele: I'll let the City Attorney explain that. I'm not... Chairman Plummer: The City Commission today does not have the authority to interfere with the direction or appointment of the Manager, as it relates to a department head. Now, what you're saying is, you want to change that, by this Charter Amendment, to give the City Commission the right of approval on any appointment of a department head? Mr. Vilarello: That's the proposed modification, yes. Commissioner Teele: That's not my modification. Chairman Plummer: No, it's the Charter Review. Vice Chairman Gort: Right. Commissioner Teele: That's what you voted on last week. Mr. Vilarello: No. The Charter Review Committee says that you -- recommended or it came forward to the City Commission, that the Strong Major would have the right to remove any department head and appoint any department head. Both those actions, the removal or the appointment, requires the consent of the City Commission -- the approval of the City Commission. The proposed modification simply says -- it leaves the same, except, the removal does not require Commission approval. Chairman Plummer: All right. Mr. Vilarello: The removal of a department head does not require Commission approval. Chairman Pluminer: Any further discussion on that item? Commissioner Regalado: Mr. Chairman? Chairman Plummer: Mr. Regalado. Commissioner Teele: Mr. Chairman, so that this is not confused. The motion, that has been moved and seconded, is the motion that would delete references to the Commission approving the firing of any department head? That's simply the language that I'm asking be deleted. Chairman Plummer: So, in other words, the Commission cannot override the firing. They can only approve 293 July 27, 1999 • the hiring? Commissioner Regalado: Confirm. Commissioner Teele: That we could only approve or confirm the hiring. However, just know that there is a separate Charter Amendment that gives us a different right, as it relates to the Police Department and the Fire Department that is not being addressed at this time. Mr. Vilarello: That's correct. Commissioner Regalado: And what this will give the Commission is the power to reject any appointment, which is exactly what the Congress has and the State Legislature -- the Senate of the State Legislature, so... Chairman Plummer: Well, obviously, from the talk, it's not -- I would be opposed to it. I think it would be -- in my opinion, I think we have a good form as it relates -- and just remember, a Strong Mayor, as I've said before, is nothing more than an elected Manager. That's what it is. Now, you're going to be deviating from the system of the authority of that one individual. Can I make a motion? Mr. Vilarello: No, Commissioner. Commissioner Teele: You have a motion. Commissioner Sanchez: There's a motion... Chairman Plummer: You have a motion on the floor. Commissioner Sanchez: Yes, there's a motion out on the floor right now. Commissioner Regalado: But, Mr. Chairman, I -- now, the City Commission does have the power to fire or hire the City Manager. However, in the new system, the City Commission will not have the power to hire or fire the Mayor/Manager. Chairman Plummer: I understand that, OK. But I'm looking down the line at department heads. And let me tell you something. The one that thing that we've had here that's been a good system is the fact that the Manager, whatever he may be called tomorrow, has that right without the interference of the City Commission, and I would like that to continue. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I'm totally confused now by... Chairman Plummer: So am I, so... Commissioner Teele: No. By what we did on Friday or what we did the last time we met. Chairman Plummer: Tuesday. Commissioner Teele: We had a Herald editorial that was -- we were all looking at. Commissioner Gort 294 July 27, 1999 asked the question. It was clarified. You voted for this form of government before, as it relates to the issue. We instructed -- I voted in the negative, not for this reason. But I voted in the negative on this question, but this question has been -- was thoroughly discussed the last time we sat. Now if, for some reason, you feel it necessary to alter your position, that's your right. But the point that I'm making is, the only thing that I'm trying to do is get -- move us a little closer to what you're saying than where we are today. Right now, under the Charter provision that the Commission approved the last time we met, we all voted unanimously on the final discussions to the instructor -- to the Attorney, was that the powers to overrule the firing of a department head should not rest with the Commission, and that's the only issue that I would like to address. If you'd like to take up the other issue, I would respect your right to do so. I'd make the motion for the purpose of discussion... Chairman Plummer: Mr... Commissioner Teele: But I don't think we ought to confuse this issue. Chairman Plummer: I'm not confusing any of the issues. And, Mr. Teele, I'll always reserve my right to change my mind. As you know, all of that stuff was thrown at us very quickly, as is this here that I received today. Now, I hear the motion. I hear it clearly, all right? I'm saying that I think that the system that we have is a good system, as it relates to hiring and firing. Commissioner Teele: Then, as it relates to this issue, you want to vote yes? Because this is closer to the system that we have than what we have in the Charter now. Chairman Plummer: No. The reason I don't want to vote yes, if I understand -- Mr. City Attorney or Mr. Manager, you correct me if I'm wrong. This system, as proposed... Commissioner Teele: No, that's not the vote. That's what I'm saying, J.L. You're confusing the vote. The vote of the motion that's before us is to remove from the Charter... Chairman Plummer: Yes. Commissioner Teele: ...the reference to the Commission approving the firing of a department head. That's the sole... Chairman Plummer: That's exactly what I'm saying. Commissioner Teele: That's the sole issue that we're voting on now. Chairman Plummer: All right. So, in other words, then, the only objection that the City Commission can override or have its own say is in reference -- it would be under this system, would be the Attorney, the Clerk, the Fire Chief or the Police Chief? Commissioner Regalado: No. Commissioner Teele: The only thing it would have the right to object on the removal of. That's right, on the removal of. Chairman Plummer: Right. So, in other words, then, the City Commission would not have the right to override the Mayor's appointment as a department head? 295 July 27, 1999 Commissioner Teele: That's not this motion. This motion has nothing to do with that. This motion has nothing to do with that. Chairman Plummer: I'm confused. Mr. Vilarello: Commissioner, those -- if I can? Chairman Plummer: I'm sorry. I'm sorry. I'm confused. Vice Chairman Gort: Mr. Chairman? Mr. Chairman? Chairman Plummer: Mr. Gort. Vice Chairman Gort: The recommendation was, this City Commission would have the ability to hire and fire department directors. What is being proposed right now is, this Commission should not have the ability to fire directors. Now, the differences between the present system that we have today, we have the ability to appoint the Manager, who, in turns, appoint the different directors. Chairman Plummer: Correct. Vice Chairman Gort: But, at the same time, if, by some chance or some difficulties, the directors are not in accordance to us, we still have the power to remove the Manager. In that way, make the changes necessary. With the new system of government, if a Mayor is elected as a Strong Mayor, he's elected by the people, the Commission does not have any power and what to say so on the department directors. What we're doing here right now is confirming the department directors. Because, in the past, under the management... Chairman Plummer: And if we don't confirm? Vice Chairman Gort: He'll bring someone else. Chairman Plummer: You see, that's where I've got a problem. Vice Chairman Gort: All right. Chairman Plummer: That's where I've got a problem, OK? Now, I've made my point. I think that it is only right that we should not interfere. The balance is the balance. The Mayor or the -- whatever we're going to call him tomorrow, appoints Mr. XYZ as the Director of Public Works. I don't think we should have the right to fire him without cause, of course. Commissioner Regalado: We don't have the right to fire him. Chairman Plummer: What happens if we don't confirm him? Commissioner Regalado: Then he has to bring another person. Chairman Plummer: That's -- excuse me. It's the same thing. It's the same thing. If Mr. XYZ is appointed by -- to the Public Works and we don't confirm, that's the same thing as overriding the Mayor, and I think that's a bad system. I've made my point. Commissioner Sanchez: J.L., for once, I have to agree with you on something. 296 July 27, 1999 �J U Chairman Plummer: Huh? Commissioner Sanchez: For once I have to agree with you on something. Chairman Plummer: God, I'm in trouble. Well, hey, I'll make it as a motion. Can I -- I can't make a motion. Mr. Vilarello: No, you can't.- There is a motion on the floor to remove the removal language from the proposed Charter amendment. Commissioner Regalado: You want to vote for this one because this -- what this motion does is that remove from the City Commission the power to object to the firing. So, this is two issues. Chairman Plummer: All right. And, then a second motion would be... Commissioner Regalado: OK. Chairman Plummer: ...coming back. All right. Commissioner Regalado: The second motion will be necessary to... Chairman Plummer: All right. Mr. City Attorney, are you protecting me? Mr. Vilarello: I'm trying. Chairman Plummer: OK. Then the motion is made by Teele. Would you like to state it, Mr. City Attorney, as you understand it? Mr. Vilarello: The language in the proposed Charter amendment allows the Mayor to appoint and remove department directors, and the Commission has the right to object to the appointment or removal of department directors. The motion on the floor takes away the Commission's right to object to the removal of a department director. Chairman Plummer: OK. Do we need a roll call or do you want to just -- have a roll call. That's the easiest way. [COMMENTS MADE DURING ROLL CALL] Vice Chairman Gort: On the motion, yes. Chairman Plummer: I'm going to vote no. 297 July 27, 1999 • • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-585 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT BY DELETING THE PROVISION WHICH AUTHORIZES THE CITY COMMISSION TO OVERRULE THE STRONG MAYOR'S FIRING OF DEPARTMENT HEADS; FURTHER DIRECTING THE CITY ATTORNEY TO KEEP IN SAID PROPOSED CHARTER AMENDMENT THE PROVISION FOR THE CITY COMMISSION TO HAVE THE AUTHORITY TO OVERRULE THE STRONG MAYOR'S APPOINTMENT OF DEPARTMENT HEADS. 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 Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. ABSENT: None. Chairman Plummer: Now, how do we go about -- three to two? Ms. Maria J. Argudin (Assistant City Clerk): Three to two. Chairman Plummer: It passed. Now, I can't make a motion or I can? Mr. Vilarello: You can pass the gavel. Chairman Plummer: I can pass the gavel. Mr... Vice Chairman Gort: Yes, sir. Chairman Plummer: My motion would very simply be that the City Commission does not have the right to interfere with the Strong Mayor's right of appointment of department heads. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Discussion? Under discussion. Commissioner Regalado: Mr. Vice Chairman, you're not, of course, including the Chief of Police, the Fire Chief? 298 July 27, 1999 Chairman Plummer: Sir, basically, what I'm saying is, the way it is now. Commissioner Regalado: I'm just asking. Chairman Plummer: We still reserve the right to hire and fire the City Attorney, the City Clerk, and we have the right to have hearings on Police and Fire Chief. Commissioner Regalado: All right. Just wanted to clarify that. Commissioner Teele: Mr. Chairman? Mr. Alejandro Vilarello (City Attorney): Just for the record, my understanding is, these provisions do not apply to the specific Charter provisions pertaining to the Fire Chief and the Police Chief. Commissioner Teele: But I think it's fair to put on the record, so that the public is not misled, that the Commission has that power now and it will continue to have the power related to the Fire Chief and the Police Chief. Chairman Plummer: Exactly what I'm saying. Commissioner Teele, its my -- is that what we're doing now is what we will do, if there is a Strong Mayor. There would be no change. Commissioner Teele: And, Mr. Chairman, with all due respect to you and to those that have another opinion, I think it's important that, where possible, we maintain the Federal model. Department heads are persons who carry out the legislative direction, just like cabinet officers and subcabinet officers are the persons who carry out the legislative direction in both -- in the Federal system and the State system. I think it's important to understand that the approval to confirm is totally different from the ability to recommend or to hire. I shall never forget when the President sent my name forward to be confirmed to the Senate. I received a call from Senator Pepper, who, at that time, was a Congressman, who said "he'll be happy to come over" -- and, please note, that the Republicans had just taken over the Senate for the first time in 50 years. That was in 1981. And Senator Pepper said, "I'm so delighted that the President has nominated you and I'll be so happy to come over and testify for you or against you, whatever you think will help you get confirmed." And I think it's important to understand that the confirmation process or the approval process is one that affords the public the opportunity to see, to hear, to understand, what a department head's training is, what their background is. And this has been my frustration since I have served on this Commission. Anytime the Mayor has put the name of a Manager up -- I'm speaking now of, particularly, the previous Mayor -- we were so busy to confirm him or to approve him. You didn't even want us to have discussion on it. There was an effort not to even have a public discussion on the last Manager. Our legislative process is something we have not matured into and grown into. The ability and the power to confirm an appointment of the executive is among the most inherent power that goes with the legislative branch. We don't run the government. Our job is to pass legislation, to appropriate, to make budgets, to make policies, and to ensure the fitness of people who are carrying them out. And by deleting the references to the confirmation or the approval process, we are changing -- and we can do that and it's nothing wrong with it if we choose to do that -- but we're changing the total model of the governmental structure that has worked it so well in this country. The power of the Florida Senate to review the appointments of the Governor are ingrained throughout the legislative process in this State. If we want to give up that power, that's fine. I have no -- I will go along with the majority. I'm not going to vote for it. But I think, the more we deviate from a Federal model, the further we get ourselves in the issue that the editorial boards will continue to say, that they're creating something new or something -- that's a power grab or something that's different. Anyone can defend the power of a legislative body to provide advice and consent. And, by the way, the power of the Senate does not just go to ambassadors and cabinet members. It goes to some six hundred subcabinet 299 July 27, 1999 members. So, every Assistant Secretary of the Defense Department, every Assistant Secretary of the Commerce Department, every Assistant Secretary of Transportation, that's the difference between whether you're honorable or not. If the Senate confirms you, you're honorable. And, so, we would have a lot of honorable department heads, as far as I'm concerned. Commissioner Regalado: Mr. Chairman? Just a... Chairman Plummer: Mr. Regalado. I'm sorry. You have the floor. Commissioner Regalado: Oh, I'm sorry. Vice Chairman Gort: Yes, sir. Commissioner Regalado: I just want to follow up on Commissioner Teele's reasons for asking this Commission to go along with this. If you look at the history of the State of Florida in the past eight or 12 years, only one Cabinet member has been rejected by the Senate, and it was because of some major problems in that department, which gave the Senate the possibility of having a public hearing on the problems of that department. Commissioner Teele: Would you yield on that point? Commissioner Regalado: Sure. Commissioner Teele: He was rejected because he refused to do what the legislature ordered him to do. Commissioner Regalado: Exactly. Commissioner Teele: That's was the Department of... Commissioner Regalado: Jim Tewey. Commissioner Teele: ...Jim Tewey, who refused to provide, as instructed by the Senate, Senator Mario Diaz Ballard, on the question as to how his budget would look if the Senate -- if the legislature reduced his budget by 20 percent? He says, "I'm not giving you those numbers." Commissioner Regalado: Exactly. Commissioner Teele: And he wasn't confirmed. Commissioner Regalado: And that's the only case that we can remember. Then, if you go to the Federal level, 98 percent of the appointees of the President are confirmed by the Senate. And, like Commissioner Teele says, you know, even the Senate has the power to confirm or reject the appointment of non -paid members of presidential committees and boards, which give the possibility to the Senate of having public hearings, and that's the purpose of all this process. I mean, the senators usually approve all the appointments. But the purpose of this is to have public hearings about the ideas that -- and the plans that this person has. And I think it would be very healthy for the City Commission to have that possibility and for the people of Miami. So... Chairman Plummer: I disagree. 300 July 27, 1999 • • Vice Chairman Gort: Further discussion? Excuse me, sir. Any further discussion? Yes, sir. Chairman Plummer: I disagree. I'm not a Federal elected official and I'm not going to say that what they do up there today is right or wrong. I've got my own doubts about what they do. But it's -- the idea is, in my opinion, if we're going to have the word "strong" in the word "Mayor," then he should be that. And I just don't think that the Commission should interfere with those appointments. A man, who is the captain of his ship, should have the right to designate who he wants as his crew, who he is comfortable with, and that's the only thing that I have to say because I don't want to see politics enter into it. So, it will vote up or vote down. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: OK. Yes, sir. Commissioner Sanchez: I need some clarification from the City Attorney. One is, we will still have the consent to approve process? We have -- we will lose that? Mr. Vilarello: No. The motion on the floor is to remove the consent and approval of the appointment of a department director. Commissioner Sanchez: And this provision does not apply to the Fire Chief, Police Chief, the Attorney, and the City Clerk? Mr. Vilarello: OK. The -- different issues. City Clerk and the City Attorney are appointed and removed solely by the City Commission. The Police Chief and the Fire Chief are not appointed with the consent of the Commission. Only removed with the right to a hearing before the City Commission, and for cause. Conanissioner Sanchez: I agree with J.L. I mean, if we're going to have a Strong Mayor, we can't have a Strong Mayor that his hands are tied. Vice Chairman Gort: OK. Chairman Plummer: Call the roll. Vice Chairman Gort: Any further discussion? OK. Personally, my discussion. As I stated before, we have the right to appoint the Manager. The Manager has the right to appoint all the directors. If, by some reason, the directors are not performing accordingly, we have the right to bring the Manager and fire the Manager. In a Strong Mayor system, you will have a Strong Mayor that's elected by the people and he'll have the power to put and take anyone he wants. I think what we're doing here in this -- with this change is to have the individuals come in front of us and, most of time, will be confirmed. Just like the Manager was confirmed. He's a man that had a good record. He's done a great job and this will give the opportunity for us to confirm. Call the question. 301 July 27, 1999 E • The motion to remove consent and approval of the appointment of a departmental director was introduced by Chairman Plummer, and seconded by Commissioner Sanchez, failed by the following vote: AYES: Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. ABSENT: None. Commissioner Teele: Mr. Chairman, if I may continue? There are three things that I had. Chairman Plummer: I have the floor again. Mr. Teele. Commissioner Teele: Mr. Chairman, the issue of electing the Mayor by plurality vote. Again, I think, sounds simple but it could get very, very, very confusing. And more we deviate from what we're doing, the more I think it looks like we're doing what it looks now like the County was trying to do, which was run away from the voters. Thursday elections. Those kind of things. There should be no reason -- well, let me state it this way. I would really like to understand the rationale of not having the majority of the citizens elect the Mayor in a run-off vote. Mr. Attorney, Mr. Chairman, because if there is no overwhelming and compelling reason, I would like to return to the basic system, that there would be a run-off, and the Mayor would be elected by a majority of the citizens, and I think that's, goes without saying to be, something that's very important. Mr. Vilarello: Commissioner, if I can address that issue? Commissioner Teele: I'm referring now to Page 5. Chairman Plummer: Excuse me. Commissioner Teele? Commissioner Teele: Page 5, at the top of the page. Chairman Plummer: Mr. Teele, if I may? Commissioner Teele: Yes. Chairman Plummer: We have one of our colleagues out of the room, for whatever reason. I think this is such an important issue that all of us should be present to discuss and to vote on this issue. So, I would ask, until Commissioner Regalado returns to the room, that we hold up -- I don't know whether he went to the men's room or where he went or why he went, but I think we should wait for him so he can hear what you have to say and anyone else has to say. Tony, I would want the same thing for your comments, that he be present. Mr. Tony Rodriguez: Yes. It's not about this. It's just a brief question to the City Attorney. Chairman Plummer: Sure. 302 July 27, 1999 Mr. Rodriguez: Insofar as the Subsections 14 and 15 are concerned, in which the Mayor shall recommend the City Commission the pay scales for officials but, most importantly, employees. And, then, 15, the Mayor shall fix the salaries and wages of officers and, of course, most importantly, employees. By the way, Tony Rodriguez, Miami FOP (Fraternal Order of Police). As you well know, this is an issue that's subject to bargaining. What exactly... Mr. Vilarello: Well, this certainly wouldn't override the City's obligation to collectively bargain. That language is language of the Charter Review Committee and we incorporate it in as it was included in its -- in the Executive Summary of the Charter Review Committee. Mr. Rodriguez: Would that, then, create -- I mean, the Charter Review Committee, in all its wisdom, may have thought that this recommendation was a prudent one. But would that, in effect, cause problems, insofar as the collective bargaining process and... Mr. Vilarello: There's no language in our City Charter or Code which would override our obligation, under State law, to collectively bargain. Mr. Rodriguez: So, then, why have that in there? Insofar as employees are concerned. I can understand officials, but why have employees in there if the process is up to collective bargaining? Mr. Vilarello: I don't know why those provisions were placed in there. They would have to be read consistent with the Mayor's obligation to present a balanced budget to the City Commission. Mr. Rodriguez: Well, I would, respectfully, ask the Commission take up this issue and, if there's -- I would like to know the wisdom. And, of course, I attended the meetings, all the meetings of the Charter Review Committee, but clearly, that's an issue. Chairman Plummer: All right. Tony, we'll get back to that. I interrupted Commissioner Teele, who I want to give the floor back to. Commissioner Teele, we now have a full Commission. Commissioner Teele: Mr. Chairman, I was about to ask the Attorney and Commissioner Gort to provide some rationale for the Mayor being elected by plurality and not a majority in the first election. Mr. Vilarello: Commissioner, the Charter Review Committee did not make that recommendation. This City Commission indicated that, if this ballot question was approved, that there would be an election on March 14, year 2000. There's not a subsequent election to the March 14 election. Therefore, any run-off -- a run-off would not be available without a special election. You did not give me that direction, so I had to conclude that the election would be final on March 14th. Commissioner Teele: Unless there is an objection by my colleague, I would move that the language state that he will be elected by a majority, with the run-off to be held seven days following the primary. Is that the normal? Mr. Vilarello: It would be pursuant to Section 7 of the City Charter. And I believe it is seven days later. Commissioner Teele: Personally, I think the seven-day rule is the worst rule that we have, that no other municipality, major municipality, has that. It always favors the incumbent. It always favors the -- whatever. So, I would ask that it be 14 days. Chairman Plummer: Mr. City Attorney, there is a motion on the floor that it be changed from seven days to 303 July 27, 1999 14... Commissioner Teele: No. Commissioner Regalado: No. Chairman Plummer: I'm sorry. From a plurality to a 14-day run-off, if necessary. Commissioner Teele: From a plurality to a majority, with a run-off to be held 14... Chairman Plummer: Understood. If the Mayor -- one person were to receive 50 percent, plus one vote, there's no run-off. Commissioner Teele: Exactly. Vice Chairman Gort: Right. Chairman Plummer: OK. Mr. Vilarello: Commissioner, currently have a provision that requires the regular and primary elections to be held seven days apart. Are you suggesting... Chairman Plummer: He's suggesting 14. Commissioner Teele: For this. Mr. Vilarello: ...an amendment to that Charter provision? Vice Chairman Gort: Yes. Commissioner Teele: No. Chairman Plummer: You'd have to change the Charter. Mr. Vilarello: Just this -- well... Commissioner Teele: Well, it could be only relating to this particular special election. Mr. Vilarello: Certainly. In fact, right now I have that provision with regard to plurality. Commissioner Teele: That's all this section -- all this section relates to is that special election. That's all that I'm changing. Now, if somebody wants to change it across the board -- but, again, I believe it should be changed across the board and I think it should be changed in the next ballot so that the Commission's language and the Mayor's language are changed at the same time. Chairman Plummer: So, what is your motion? Commissioner Teele: My motion is merely, as it relates to page 5, to change the special election, being held on March 14, 2000, from a... 304 July 27, 1999 • Mr. Vilarello: Plurality. Commission Teele: ...plurality vote to a majority vote, with the run-off being held 14 days subsequent. Chairman Plummer: If required? Mr. Vilarello: If necessary. Commissioner Teele: If required. But it says majority vote, so you don't have to say that. Because if it's a majority vote, it's a majority vote. So, if someone wins 50 percent, that's it. Chairman Plummer: Just clarify the record. OK. Is there a second to that? Is there a second? Commissioner Regalado: I'll second. Chairman Plummer: Seconded by Regalado. You wish to discuss that particular item? Lieutenant Edward Pidermann: Yes, sir. Chairman Plummer: All right, sir. Ms. Mary Hill: Ah, me too. Chairman Plummer: We're hearing, Mary, discussion by the Commission and the unions are being afforded the opportunity to speak. Ms. Hill: Will I have a chance to speak? Because it's very important. Chairman Plummer: Eventually, I would assume, we'll open it up. Yes, yes. OK. Ms. Hill: OK. Because this... Chairman Plummer: No. Excuse me. Ms. Hill: (inaudible) it's very important. Chairman Plummer: When we open it up to the general discussion and public, we'll call on you. Ms. Hill: Thank you. Chairman Plummer: Yes, sir. Mr. Pidermann: Ed Pidermann, Miami Association of Firefighters. I just wanted to ask the City Attorney if there is a run-off, obviously there's not one scheduled so that would incur a much greater cost to the City to do a run-off, and what would be the situation if vote happened the following November, where there's already probably a primary and a run-off scheduled at the time of the Presidential election? Chairman Plummer: No, not -- October. Mr. Pidermann: October. I'm sorry. 305 July 27, 1999 Mr. Vilarello: There currently is not an election scheduled for 14 days after March 14. I don't know what the cost of that. Perhaps, the City Clerk can address that issue. And, of course, in November there is an election. November of 2001 there is an election on both the primary and general. Ms. Argudin: A run-off would roughly be fifty thousand dollars ($50,000). Mr. Pidermann: A run-off -- a citywide run-off? Ms. Argudin: Yes. Mr. Pidermann: OK. So, I just wanted you to consider that... Ms. Argudin: Fifty. Mr. Pidermann: Not a hundred thousand? Ms. Argudin: It says fifty thousand dollars ($50,000). Mr. Pidermann: I mean, there was discussion at the last meeting that a citywide election would cost a hundred thousand -- over a hundred thousand dollars ($100,000). Chairman Plummer: And I think that's correct. Ms. Argudin: Well, from the figures the City Clerk left me, it says fifty thousand per run-off. Mr. Pidermann: I think that was for the additional amount... Chairman Plummer: That's only for this upcoming Charter changes... Mr. Pidermann: Two districts to go to three... Chairman Plummer: ...for the additional two districts to vote. Commissioner Regalado: It's more than that because you need to advertise. Chairman Plummer: It's got to be. It's near a hundred and thirty, is the last figure that I heard. Mr. Pidermann: So, just consider that, in this motion, to change the vote, that it's going to be... Chairman Plummer: OK. The motion on the floor is that the March 14, the year 2000 vote, would -- if required, would have a run-off two weeks, 14 days after the 14th? Mr. Pidermann: Which would incur an additional hundred and thirty thousand -dollar ($130,000) expense. Chairman Plummer: Which could incur that amount of money, yes. Mr. Pidermann: Whereas the following elections would not have that. Chairman Plummer: Yes. All right. Call the roll. 306 July 27, 1999 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-586 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT TO PROVIDE THAT THE ELECTION OF STRONG MAYOR WHICH WOULD BE SCHEDULED ON MARCH 14, 2000 SHALL REQUIRE A MAJORITY VOTE FOR A WINNER, OR IN THE ABSENCE OF A MAJORITY VOTE IN SAID ELECTION, A RUNOFF ELECTION SHALL BE SCHEDULED 14 DAYS THEREAFTER ON MARCH 28, 2000. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Wifredo Gort Chairman J.L. Plummer, Jr. ABSENT: None. Chairman Plummer: It passes three to two. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: My final item is on page 14. Chairman Plummer: Reference? Commissioner Teele: Reference number 20. Do we really want the Mayor to prepare the Commission agenda items again? Chairman Plummer: That's what I brought up the other day. Commissioner Teele: If it says, the Mayor shall submit but prepare the agenda -- the Mayor shall submit items for Commission agenda meeting. The authority to prepare the agenda should rest with whoever the Chairperson is. I would ask that the language... Chairman Plummer: I concur with that. Commissioner Teele: I would ask that the language in number 20 say that the Mayor shall submit items for the City Cormnission items -- for City Commission meetings. 307 July 27, 1999 Chairman Plummer: All right. There is a motion on the floor. Is there a second? Vice Chairman Gort: I'll second for discussion purpose. Chairman Plummer: Second for discussion by Gort. He has the floor. Vice Chairman Gort: Presently, I received now, before the agendas being -- is put together, I receive a draft and we're going to follow, more or less, the same, that a draft will be awarded to us and if we want to make any changes and additions or deletions, we'll be able to do so? Does that what this intend to do? Commissioner Teele: Yes. But it's also intended that we're the legislative branch. The Chairperson, whoever that person is, should control the agenda and the meetings. And just like the President doesn't do the agenda for the House and the Senate, neither should the Mayor do the agenda for the Commission. And, so, what we're requiring is that he submit items for the agenda but, at a later date, we'll deal with the fact that the preparation of the agenda, etcetera, by ordinance will be handled by ordinance, I would assume. But, essentially, in a previous provision, we have removed the Mayor from interfering with the legislative process by providing that the Commission shall elect its Chair and Vice Chair or recognize the Commission, which is contained in this language -- in this amendment„ in a separate section. And that only compliments that provision. And that's how that goes. The agenda coordinator in the County, for example, reports directly to the Chairperson of the Commission, and the Chairperson of the Commission is responsible for the agenda in working with the Manager's Office. Chairman Plummer: There's a motion and seconded. Call the roll. Ms. Argudin: Excuse me. I need a verification on the movant and the seconder. Chairman Plummer: It was moved by Teele. Seconded by Gort. 308 July 27, 1999 • • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-587 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT TO PROVIDE THAT THE CHAIRPERSON OF THE COMMISSION SHALL PREPARE THE COMMISSION MEETING AGENDAS AND THE STRONG MAYOR SHALL SUBMIT ITEMS FOR CITY COMMISSION MEETINGS. Upon being seconded by Vice Chainnan Gort, the motion 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: Commissioner Joe Sanchez I_'1113614 am ►[� Mr. Vilarello: Commissioner? Chairman Plummer: Now, hold on, hold on, hold on. Am I reasonably assuming that we're not going to have this back to vote on until this afternoon, with all these changes that need to be made? Mr. Vilarello: Yes. Chairman Plummer: OK. Am I also reasonably assuming that, with the other three items or four items or six items that we've got in this same category, we're not going to be able to handle anything else prior to 10 minutes of 12? Is that a reasonable assumption. Commissioner Teele: Mr. Chairman, I would ask your indulgence, even with Commissioner Regalado not being here, to take up the district item, which is a simple item relating to these... Chairman Plummer: OK. Commissioner Teele: ...citizens that are here. Chairman Plummer: All right. So, then, let me give the ruling of the Chair. Is, at this time, these items, which were relating to a Charter change, will be the last items of the morning, with the exception of Commissioner Teele's request for his district item. All other items will come back after 2 o'clock? Agreeable, 2 o'clock? Nobody has an objection. So, anybody here that's here on any item, other than the Charter change or Commissioner Teele's district item, will, in fact, be back after 2 o'clock. For, I assume, television, that you're not going to have an answer until after 2 o'clock, until these Charter changes have been reduced to writing and any further discussion that may or may not occur will be after 2 o'clock, OK? 309 July 27, 1999 Let's go ahead and proceed now on the one further discussion on the Strong Mayor concept. Commissioner Teele: Mr. Chairman, I asked the City Attorney to consider several items. Mr. Attorney, would you read those items into the record on the Mayor? Mr. Vilarello: Commissioner, I recall one item, which was with regard to inclusion within the powers of the Mayor, somewhat of a limitation, that no office or position shall be created, filled or appointed without the specific budgetary approval of the City Commission. Commissioner Teele: That's right. .And that, again, goes to our appropriations process and how our authority should be limited to ensuring that we are requiring the Mayor to conform with our budget. And what I don't want is what's developing -- or what could develop, where the Mayor would just go out and start creating offices and, then, moving money around, you know, as a way of getting through something by subterfuge. So, where would that language be and would you read the language for the record? Mr. Vilarello: I would include it within Paragraph 11, on page 13, where it provides that the Mayor shall appoint and remove the Mayor's staff, who shall have such duties as the Mayor shall determine, and include language to the effect that no offices or positions shall be created, filled or appointed without the specific budgetary approval of the City Commission. Commissioner Teele: Without the budgetary approval of the Commission? Mr. Vilarello: Yes, sir. Commissioner Teele: I would move the item, Mr. Chairman. Chairman Plummer: Moved by Teele. Is there a second? Commissioner Regalado: I'll second it. Chairman Plummer: Seconded by Regalado. Isn't that very similar to what we have now? It only -- it just relates to... Commissioner Teele: It's very similar to what we have now, but essentially... Chairman Plummer: It's just department heads now. Commissioner Teele: It relates to department heads. Chairman Plummer: Yeah, OK. Mr. Vilarello: This City Commission has the right, in the budget approval process, to approve the budget that's contained within it. However, this specifically addresses the Mayor's staff and the Mayor's Office, so that positions must be identified in the budget. Commissioner Teele: He has to identify his positions in the budget. It also relates, as far as I'm concerned, to giving bonuses and all that other -- I won't get into that. Chairman Plummer: Are we -- I mean, does that go right down to the bottom line of every position or is it limited to certain? 310 July 27, 1999 0 Commissioner Teele: J.L., whether you realize it or not, we approve every position right now. We don't -- we do a horrible job of it, OK? We don't even look at it. We take up the entire budget of every department and we don't have a clue as to how many people they have, how many vacancies they have, but right now we've been doing that -- rubber stamping that because nobody's doing that analysis, OK? But that is our principal duty and responsibility. We go down to every Solid Waste driver and collection pick-up person, everyone in ITD. When we approve a budget for a department, we also approve the -- what do you call, FTE or something? What do we call it in our budget? Vice Chairman Gort: (inaudible) employees all (inaudible). Commissioner Teele: We approve all of the budget positions. Chairman Plummer: OK. So, basically, what we're saying is, in fact, that, if you make a position, you've got to make the money for it, and it's got to be approved by the Commission. There's nothing wrong with that. I think it's a safeguard. Does that need to be in the form of a motion? Commissioner Teele: It's already been moved and second. Chairman Plummer: All right. Call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-588 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT TO PROVIDE THAT NO OFFICES OR POSITIONS SHALL BE CREATED, FILLED OR APPOINTED BY THE STRONG MAYOR WITHOUT THE SPECIFIC BUDGETARY APPROVAL OF THE CITY COMMISSION. 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. Chairman Plummer: You had another item for the -- Commissioner Teele? Commissioner Teele: No, sir. Chairman Plummer: Oh, I thought you said you had two. All right. Further discussion? All right, then 311 July 27, 1999 we'll bring that... Commissioner Regalado: Mr. Chairman? Chairman Plummer: I'm sorry. By the public now. Mary Hill. Commissioner Regalado: Mr. Chairman? Chairman Plummer: Mr. Regalado. Commissioner Regalado: I just want to say that I need to be excused. Are we going to vote anything on the Charter? Chairman Plummer: No, sir, we'll vote after we come back, when the City Attorney has had to reduce to writing those changes which the Commission has made. Commissioner Regalado: Thank you. Chairman Plummer: And I have my coffee. Salud. Ms. Mary Hill: Good morning. I'm Mary Hill. Chairman Plummer: Let me clarify the record, because I'm going to get jumped up and down over here. Ms. Hill: Over here too. Chairman Plummer: Ladies and gentlemen, this Chairman has always tried to run an orderly meeting and, as such, I had a very intelligent individual, who told me one time that you cannot speak for more than two minutes without being repetitious. Now, I'm not going to limit and when people are making good points, that will be fine. But I'm going to ask everybody to try to limit yourselves to the two minute limit because Mr. Mariano Cruz is timing on television every speaker that speaks when I bring him down to two minutes, and I've even let him go over the two minutes. So, govern yourselves accordingly. We want to hear what you've got to say. We ask you not to be repetitious. Mary Hill is first. Ms. Hill: My name is Mary Hill and I live at 146 Northwest 67th Street. And I would like to ask a question, if I may, to the Commissioners and... Chairman Plummer: Yes, ma'am. Ms. Hill: ...Attorney and your Manager. What departments, other than the Fire and the Police departments, which was not mentioned here, that the Strong Mayor would be in charge of? Chairman Plummer: Every department head in the City of Miami, under this proposal. Ms. Hill: OK. And does that include Economic Development? Chairman Plummer: Economic Development is not a department. It is a segment of a department, of Community Development, and the Strong Mayor, as proposed, would be over that, yes. Ms. Hill: And the Strong Mayor will be over that? 312 July 27, 1999 • Chairman Plummer: Over Community -- every department head would be subject to the Strong Mayor, yes, ma'am. Ms. Hill: OK. Now, we have a legislative matter here, since you are the legislators, and it is this plan that's been approved from the White House. Chairman Plummer: Ma'am? Excuse me. Ms. Hill: OK. Chairman Plummer: I'm going to rule you out of order or you can speak to the issue. Ms. Hill: OK. The issue is... Chairman Plummer: The issue is Charter change. Ms. Hill: OK. The issue is the Charter issue. This is in compliance because under... Chairman Plummer: Mary Hill. Excuse me. If you have a proposal that you wish to make to the Charter Review Committee, they have their meetings and you can make your proposal. They will take it into consideration for discussion and recommend to this Commission yes or no. Ms. Hill: Oh, that is not where I'm coming from, sir. As director... Chairman Plummer: Unless you're speaking... Ms. Hill: I'm talking about your Charter change... Chairman Plummer: The only -- Mary, Mary? Ms. Hill: ...and also your position as Strong Mayor. Chairman Plummer: The only Charter change we're speaking to is the Strong Mayor. Ms. Hill: Right, and his position and his duties that he will be carrying out. That's exactly what you're discussing here. You're saying he'll be over these departments and they will be the last resort to talk concerning this. Chairman Plummer: But not the individual of what the department will do. Ms. Hill: Pardon? Chairman Plummer: Not what the individual departments will do. Ms. Hill: OK. Are you all taking under consideration execution of the Economic Opportunity Act... Chairman Plummer: That has nothing to do with what we're'discussing today. Ms. Hill: Under the Strong Mayor and appropriations, the appropriations here, that you said -- I wrote it 313 July 27, 1999 • • down -- that they will have appropriations that are approved by you all, the Commission. Chairman Plummer: That is correct. Ms. Hill: OK. Well, then, the Strong Mayor is going to do the recommendation to what need to be approved, am I right? Chairman Plummer: That is correct. Ms. Hill: OK. And that is what I'm complaining about. Chairman Plummer: All right, ma'am. Thank you. We've noted... Ms. Hill: And that is... Chairman Plummer: We've noted your objection. Ms. Hill: We're going to have to execute the right laws and the right set up to help these poor areas,: Chairman Plummer: All right. Ms. Hill: Will that be taken under consideration, to help the poor areas? Chairman Plummer: That is not under consideration today, ma'am. Ms. Hill: I'm in and under the Strong Mayor. Chairman Plummer: You're in the right church, the wrong pew. That pew. Ms. Hill: I'm in the right place because you all are legislating -- this is a legislative matter. Chairman Plummer: OK. Ms. Hill: It's the wrong policy. It's the wrong set up and it affect the community. Chairman Plummer: And you're at the wrong time. Ms. Hill: A Strong Mayor and it's not a Strong Mayor form of government and it's not a Manager form of government that's supposed to be here. Chairman Plummer: Thank you, ma'am. Ms. Hill: And I'm in the right time because you all are legislators and this is a policy matter. Chairman Plummer: Thank you, ma'am. Ms. Hill: And I'm asking y'all to take it under consideration and straighten it up... Chairman Plummer: Thank you, ma'am. 314 July 27, 1999 0 Ms. Hill: ...so that we can get effective, community action that the Package 7 that I found upstairs... Chairman Plummer: Thank you, ma'am. Ms. Hill: ...I never received. Chairman Plummer: All right. Ms. Hill: And we need to straighten this up. [At this time, Commissioner Regalado left the Commission Chambers at approximately 1 l :38 a.m.] Chairman Plummer: All right. Thank you, Ma'am. Mr. Mariano Cruz. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Chairman Plummer: Well, you're extended -- expanded two minutes. Mr. Cruz: Well, no. You know, I can't say be brief, and be calm because I have things to say. But I am for the Strong Mayor. The only thing consider, it should be, like they said, tried to put a check and balance there. Make it like the word President. He could have -- he appoints his own department -- his own Cabinet there and then he will be accountable to us because the way it is now, I don't know what the Executive Mayor does for ninety-five thousand dollars ($95,000). I really don't know. In a way, I don't know what he does. [spoke in Spanish] We need somebody accountable sitting there, checking whatever, executing whatever you legislate because that's the way it should be. And, then, we'll still have -- with competition we can do a lot of things. And, please, (inaudible) because I want to, at least, make up for that kook attack that the Appeal Court made to us here. Imposing a Mayor. Chairman Plummer: Thank you, sir. You did it all in less than one minute this time. Tony. Mr. Tony Rodriguez: Tony Rodriguez, Miami FOP. Very briefly, I would just like, for the record, to reiterate our strong opposition to all of this. But I'd like to ask if you all are going to discuss, in any way, shape or form, my prior question regarding the issue of salaries, employee salaries, and the collective bargaining? Chairman Plummer: I think that needs to be -- Mr. City Attorney, I think that that was the question that was raised. It's got to be clarified, if nothing more. Either delete that section relating to setting of the salaries... Mr. Rodriguez: At least employees. The word employees. Chairman Plummer: ...or make it clear and identify that it's subject to negotiations, as we've always done around here. Mr. Rodriguez: That's all I'm asking. Chairman Plummer: And whatever -- give me a change of wording, Mr. City Attorney. I don't know. Am I speaking for my colleagues? Vice Chairman Gort: I agree with it. 315 July 27, 1999 Commissioner Sanchez: When it's brought up, we could discuss the item. I'm will to make a motion to move... Chairman Plummer: Well -- but we need to -- excuse me. Mr. Sanchez, I'm trying to get everything now that I can to the City Attorney, so that when he comes back at 2 o'clock, primarily, we'll be ready to vote, OK? So... Mr. Rodriguez: Right. Commissioner Teele: I would like to know from Commissioner Gort, respectfully, if there was any discussion on this item? Chairman Plummer: Commissioner Gort. Vice Chairman Gort: The discussion, all the time, we recognized the bargaining table that will be -- that will set the salary and the benefits for the employees, like it's always been. And it was not the Charter Review Committee to change that at all. I think maybe what they were addressing is about the budget for his direct employees. Mr. Rodriguez: And I would agree. I was there, and those were the discussions that were held. Had nothing to do with employees. Vice Chairman Gort: The discussions were that, as always stated by us, that the State of Florida protects the bargaining -- what do you call them? What do you call that? Chairman Plummer: Negotiations. , Vice Chairman Gort: Yeah, but there's a legal name to it. Chairman Plummer: Union negotiations. Mr. Rodriguez: Collective bargaining. Mr. Vilarello: Collective bargaining. Vice Chairman Gort: Collective bargaining. Chairman Plummer: Oh, collective bargaining. Can I ask a dumb question, Mr. City Attorney? I'm hearing, more than once today, it was not recommended by the Charter Review Committee. What's it doing here? Mr. Vilarello: Well, I think that it might be a question of semantics. The Charter Review Committee listened to many proposals, prepared a report, and brought it forward to the Commission for its final decision. However, these two sections, in fact, were included as part of the Charter Review Committee's Executive Summary. If you notice in the package -- in the resolution that you have before you, it includes all of the language that the Charter Review Committee brought forward. There are some shaded portions. Those shaded portions were changes that I made or recommendations of changes that I made, either to have legal conformity or to take care of any conflicts in language. Chairman Plummer: OK. Mr. City Attorney? 316 July 27, 1999 Mr. Vilarello: This particular language, though, Commissioner, if I could address it. As I sit here right now, the removal of this language does not appear to create a problem. If you give me that direction, I will try to ascertain whether there's any... Chairman Plummer: All right. Mr. Vilarello: ...consequence to the removal of the language. Chairman Plummer: Mr. City Attorney, I think I can speak for my colleagues, who want it removed. Is it necessary to put other terminology there and, if so, to cover what he is saying, what would be the proper terminology? Commissioner Teele: Give him time to look at it and... Mr. Vilarello: I think, simply, you could remove those two paragraphs. However, I will consider additional language. Chairman Plummer: All right. Is there a motion to remove... Commissioner Teele: I would so move, Mr. Chairman. Chairman Plummer: Motion by Teele to remove those two paragraphs. Is there a second? Commissioner Sanchez: Second. Chairman Plummer: Seconded by Sanchez. Call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-589 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT BY DELETING THE PROVISION OF THE STRONG MAYOR TO RECOMMEND TO THE CITY COMMISSION THE PAY SCALES FOR THE CITY OFFICIALS AND EMPLOYEES FOR THE ENSUING FISCAL YEAR AND TO FIX THE SALARIES AND WAGES OF OFFICERS AND EMPLOYEES OF THE CITY WITHIN THE APPLICABLE SCALES ESTABLISHED BY THE CITY COMMISSION. 317 July 27, 1999 • 0 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Teele: And, Mr. Chairman, I would ask that the Clerk indicate in the record that Commissioner Regalado was absent from the deliberations, but he had spoken in favor of that in previous meetings -- in previous discussions. Chairman Plummer: Has no bearing, but it will be part of the record. Mr. Ricker. Mr. Daniel Ricker: Daniel Ricker, 4302 Ingraham Highway. Once again, I have spoke on the go slow concept of this process. But I would actually say, it would seem to me the first thing that, we, as a City, a municipality, would want to do would be to get off the Oversight -- underneath the Oversight Board's operation. I'm not quite sure -- seem to me, the sequence would be to have the Oversight Board go away. Then, remutate (phonetic) or permeate ourselves into a new political entity. It just seems to me that, if we do this, we could be sending the signal of more political instability, less leadership, less focus on what we're trying to do, which would, potentially, result in the Oversight Board being a permanent item. I mean, it doesn't necessarily have to go away. And if you look at what's going on, it may be there for quite a while. Finally, on Friday, the County Commission -- give you a little up heads up -- had the millage meeting, but I'll tell you. It was like being at a wake. It pretty much -- every -- I know I'm in your turf, J.L. But, I mean, every person on the dais said, "hey, we feel the train tracks of the voters." I mean, we had, you know, an incredibly high turnout. They overwhelmingly said, "hey, we are deeply concerned with how you manage our fiscal affairs and where's this money going?" I would suggest that this body also, as part of that process -- because all Dade County, whether we like it or not, we're all tied in. What Hialeah does has an affect on us. What other areas do have an affect on us. And the voters are becoming incredibly militant and, if you want this to pass, I don't see it happening this way. Thank you very much. Chairman Plummer: Thank you, sir. All right. We'll close the public hearing, then, on that item. 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 MAINTAINLIST OF CURRENT AND FORMER RESIDENTS. Chairman Plummer: And, Mr. Teele, for the item in your district, you have the floor. Commissioner Teele: Mr. Chairman, we have -- I have an item that is being brought forward. I think the management is in total agreement with this item. Essentially, it would be the resolution directing that the Manager to immediately formulate a voucher system to assist the families that are currently living in Model Cities vicinity between 15th Avenue and 12th Avenue, from 59th Street through 62nd Street. 318 July 27, 1999 Chairman Plummer: Is that a motion? Commissioner Teele: And to work with the Congressional Delegation, the US HUD (United States Department of Housing and Urban Development) officials to get the authorization and the implementation of the plan; and further requesting that the management prepare and maintain a list of current and former residents for the identification to facilitate the implementation of a voucher system and -- this is the amendment -- and to ensure that these persons are given priority treatment for available housing that may be developed by the City over the next three years. Chairman Plummer: Is that a motion? Commissioner Teele: That is a motion, Mr. Chairman. Chairman Plummer: Is there a second? Commissioner Sanchez: Second. Chairman Plummer: Seconded by Sanchez. Commissioner Teele: And, Mr. Chairman, for the record -- and this is very important for the Commission and the management to understand. Most of these people have been living in the City now for a year. Some of them have been living there for 10, 12, 15, 20 years, their families. Once they get a voucher, Mr. Chairman, the vast majority of them will not be living in the City of Miami. If we're serious about building one thousand houses for HOME Ownership, even if they're living in Broward County or if they're living in Homestead, it is my resolution that these persons would still be on the list and be eligible to have home ownership in the City of Miami, when homes are being made available, based upon the Five -Year Plan that we've developed. So, I don't want any Commissioners to say they don't live in the City of Miami three years from now or 18 months from now, when they come up and give their addresses being in Hialeah or Broward County or Florida City, because that's what's going to happen. Once we voucher them, they're going to be out of the City of Miami limits, in some cases. Some may find adequate residences here. So... Chairman Plummer: Mr. Teele, I have a question. How long are the vouchers for? Commissioner Teele: Mr. Chairman, this is a Federal Voucher System. The vouchers eligible -- these are not City vouchers. These are eligible based upon their own criteria, in meeting the Federal guidelines. But, generally, I think -- what would you say, eight years, seven years? They have to maintain annual eligibility, I would assume. Ms. Gwendolyn Warren (Director, Community Development): You have to maintain annual eligibility. The current -- Gwendolyn Warren, Department of Community Development. The current Section 8 Housing Agreement that the City has is a 15-year agreement. So, it's 15 years on that agreement and, then, individual certification on the individuals. Chairman Plummer: But it's not City money? Commissioner Teele: No, sir. Ms. Warren: No, sir. Subject to Federal guidelines and funding availability and criteria. 319 July 27, 1999 Chairman Plummer: Does the administration have any problems or anything they wish to add? Ms. Warren: No, sir. Chairman Plummer: Mr. City Attorney? Hearing none, call the roll. Commissioner Teele: Mr. Chairman? Chairman Plummer: I'm sorry? Commissioner Teele: You have persons that would like to just be heard. Chairman Plummer: Oh, all right. Commissioner Teele: But there is a rule in the City. If you're getting what you asked for, say thank you and sit down. Chairman Plummer: Sit down. Commissioner Teele: But, please, feel free to say what you'd like to say. Chairman Plummer: All you can do is stand to lose. Ms. Teresa James: We have a question. Chairman Plummer: All you can do is... Commissioner Teele: You may have a question on something. Ms. James: We have a question. Chairman Plummer: No. Wait a minute. Wait a minute. There's a rule. If you have a question, now you've got to give me your name and your mailing address. And if they lose, they're going to tar and feather you. Commissioner Teele: Teresa, put your name on the record and, please say thank you to Commissioner Plummer and Commissioner Gort, my colleagues, and the management. (Applause). Ms. James: My name is Teresa James and I live at 1320 on 61 st. All we want to know is when? We have inspections today, Ms. Warren. I'm going to let you tell you. None of these inspections have passed. After August the 5th, when you know the inspections aren't going to pass, how long we have to wait until they going to terminate his contract? That's all we want to know. Chairman Plummer: Ms. Warren, can you answer? Ms. Warren: What I can tell you is process. What we're doing right now, today, is what we had committed, is that we did inspect all of the units. As you are aware, all but one failed. Ms. James: Right. Ms. Warren: As you're also... 320 July 27, 1999 • 9 Commissioner Teele: All meaning how many? About how many failed? Ms. James: A hundred and forty. Ms. Warren: A Hundred and forty. Commissioner Teele: Failed? Ms. Warren: A hundred and thirty-nine failed. One passed. As we indicated in our meeting with you, and as the staff has been informing you, that he has 30 days to make the repairs. That 30 days is up this week. Ms. James: That's right. Ms. Warren: We will be -- hold on, hold on. Because we're talking process again. I won't tell you what the outcome is going to be. The next step is that we now are sending our whole housing staff back out to do a hundred percent assessment. At the completion of that evaluation, we will, then, determine the percentage that are passed and the condition of those that are passed. And I will be forwarding a formal recommendation to the City Manager and the City Attorney as to our next step. I anticipate having that report finished before -- by the end of next week. Ms. James: Thank you, Gwen. Ms. Warren: And that will be our next step, is the formal recommendations from what we find. We cannot anticipate, in advance, what we're going to find on the inspections. Chairman Plummer: Call the roll. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-590 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY FORMULATE A VOUCHER SYSTEM TO ASSIST 240 FAMILIES CURRENTLY LIVING IN MODEL CITY IN THE VICINITY OF NORTHWEST 15T" AVENUE FROM 59TH STREET THROUGH 62ND STREET; TO WORK WITH THE CONGRESSIONAL DELEGATION AND U.S. HOUSING AND URBAN DEVELOPMENT (HUD) OFFICIALS IN THE DEVELOPMENT, AUTHORIZATION AND IMPLEMENTATION OF THE PLAN, AND FURTHER DIRECTING THAT THE COMMUNITY DEVELOPMENT DEPARTMENT PREPARE AND MAINTAIN A LIST OF CURRENT AND FORMER RESIDENTS FOR INDEMNIFICATION TO FACILITATE IMPLEMENTATION OF THE VOUCHER SYSTEM. 321 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 Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman Plummer: This Commission is in adjournment until 2 o'clock. Commissioner Teele: Thank you all very, very much. Note for the Record: Prior to reconvening, Chairman Plummer commended Chief of Police, William O'Brien, on work performed by Lieutenant Daniel Watkin in the West Grove area. Chairman Plummer: On behalf of the people of West Grove, they are extremely pleased in the work that you're doing. Lieutenant Watkins is the man for the job. Dennis -- what's the -- Williams is doing an excellent job, and the people down there, I think, are very well pleased. And the only complaints are from the people who are not doing the right thing. So, on behalf of those, they ask me to please convey to you that they are very, very well pleased. Chief William O'Brien: Thank you very much, and I'll pass that upon -- to the troops. Chairman Plummer: Please do. 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 Chairman Plummer: Media Relations, I want to recommend that you look at the concept of what the City of South Miami uses for what is being proposed here for the city, about the district offices and all of that. They have an absolute beautiful concept that's on their channel, and I strongly recommend that you look at that and give thought to maybe that's what we'd like to see here in the City. Chief William O'Brien: South Miami. Chairman Plummer: City of South Miami. They have a great concept. Mr. Manager, while the Chief is here -- I asked you and I want you to put on the record, if you will, -- I had a call from a couple of people who said that the VIP, Vehicle Impoundment Program, is not working the way it should. Too many people are getting off with half price. People are getting off without any price. I have your results, which I sent to the people who complained, but I would like either the Manager or you, Chief, to go on the record and tell 322 July 27, 1999 us exactly how that program is doing. Chief O'Brien: Well, the program is doing quite well. The test program, so far, is exceeding our expectations, both as far as reducing the crimes of prostitution and drugs in the area and offsetting the costs of the overtime. As far as the monies being -- or some monies being returned, that is not in the Police Department's decision process. That happens when we go before the Special Master and the Special Master makes that determination. Chairman Plummer: But, in your opinion, is the law pretty much being held up? Chief O'Brien: It is. And money is going back and I -- the money that is being returned, on the occasions that it's being returned, the number of cases that I've looked into, it's being returned for the right reasons. Some degree of consideration is being passed and they're -- an example. A little old lady, whose nephew takes the car without her permission and gets caught buying dope. The Special Master, in those cases, takes that into consideration when placing the fine. So, I think that the latitude is appropriately being used. Chairman Plummer: Friday afternoon, Dennis Watkins and one of the black policemen that's in SIS made a catch in West Grove. I want to tell you. I have never, ever seen what they refer to as twenty -dollar ($20) rocks. There were two huge bags of twenty -dollar ($20) rocks. There was another bag full of US currency, and we got a pick up truck, hopefully for a thousand dollars ($1,000). It was a very good catch. Mr. Donald Warshaw (City Manager): That's good to hear. Chief O'Brien: That's good. And that's reflective of a lot of work that's going on, as you well know. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11: SS AM AND RECONVENED AT 2: 05 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE AND VICE CHAIRMAN GORT. Chairman Plummer: Gentlemen, do you all want to go -- I mean, I don't want to exclude our other two colleagues. What I thought we might be able to do is some of the other issues. Commissioner Sanchez: On the agenda items? Chairman Plummer: When they comeback, if they have any question to the issues, we'll revisit the issue. Is that agreeable with you? Commissioner Regalado: Whatever you want to do. You want to do the districts? You want to do the district items? Chairman Plummer: All right. I think that could probably be. Mr. Manager, we'll go to the districts. The blue copies and the first one is the Mayor, who has nothing. The second is Mr. Gort, who has nothing. Mine -- no. Gusman, I've -- I want all of you here, OK. I think it should be so. And the other one on the Omni area being designated has already been taken of. 323 July 27, 1999 67. DISCUSS: WORKERS' COMPENSATION.=`ALLEGED ABUSES. Chairman Plummer: Mr. Sanchez, your perennial item? Commissioner Sanchez: I don't think Risk Management is here, but we've had a conversation, Mr. Chairman. I believe that... Chairman Plummer: You want to put anything on the record? Commissioner Sanchez: Yes. I do believe that we have made a significant amount of improvement on closing some of the workmen's cases. As you realize, we started with 2,794 cases. I believe we have worked about -- we have closed about eight hundred cases? Ms. Nancy Fernandez: Yes, sir. Commissioner Sanchez: What is the exact number now on those cases? Ms. Fernandez: We now have open 2,224 cases as of July 26th. Commissioner Sanchez: That is a significant amount of cases. Now, I do have one concern. One concern that was brought forward was that maybe, you know, we were closing some of the cases prematurely or, in some way, not in the City's best interest, which I don't think that we have done that. In other words, the cases that have been closed had been closed because they could have been closed. OK. Ms. Fernandez: Correct. Yes. Commissioner Sanchez: The other thing. When I spoke to... Ms. Fernandez: Mario Soldevilla. Commissioner Sanchez: Yeah. I wanted him to come to an understanding with me of somehow coming to a -- meeting me halfway at the field, at the 50 yard line, and coming up with a reasonable goal to finish this year, the year 2000. You know, 1999, going on the year 2000. And I think we came to an understanding of maybe having down to about 2,000 cases, if possible. That's a reasonable goal to set. Ms. Fernandez: That's... Commissioner Sanchez: But I do want to commend the Department for closing that many cases. We have made a significant amount of improvement from 2,794 cases to the number that we're at today. And I would encourage you to continue to work very hard to try to close more cases, so we are more compatible with other states -- other cities throughout the State, such as Tampa, Jacksonville, and Orlando. Thank you. Ms. Fernandez: Thank you. Chairman Plummer: Let me ask a question. Do you remember correctly, at one time, that I was told that, across the country in government, that workmen comp cases were approximately six or seven percent of the work force? 324 July 27, 1999 Ms. Fernandez: I'll have to confirm those figures. We are getting -- we sent out surveys to get data from other cities in Florida and we're comparing them to our figures. So, we could, once we do that evaluation of similar sized cities and so forth, get you with -- you know, get your percentage. Chairman Plummer: Well, you know, percentage is really not that important. But I guess it's the number that I was looking at that, if it were 10 percent -- we're what, 3300 employees? It would like be like 300 cases. Commissioner Sanchez: J.L., if I may? Chairman Plummer: Sure. Commissioner Sanchez: One of the things that got our attention -- at least got my attention when I brought out this point of the workmen's comp was that, you're right, we do have three thousand three hundred and some employees and we have close to about 2,790 some cases open. That was a big concern that we have. If we compare ourselves to other cities -- and that information could be provided to us through the League of Cities. Chairman Plummer: Yeah. Commissioner Sanchez: They provide all the information, how many cases. Now, to make a reasonable assumption of what numbers we're playing with, I think that, if we were to compare our city to other cities, we would have to compare our cities and population wise, the service we're providing, numbers of employee, and we do. And one of the reasons that I have taken on the leadership on this is because we are at a very high percentage in workmen's comp cases compared to other cities. I thought that I was going to be provided a copy of other cities compatible to our city, but I have not seen those numbers. But doing my homework on this research, we are very high in those numbers, and I think no one will dispute those facts. Chairman Plummer: OK. Thank you. Ms. Fernandez: Thank you. Chairman Plummer: There's no action to be taken. 68. CAPITAL IMPROVEMENT . PROJECTS — IMPROVE DRAINAGE SYSTEMS TO PREVENT FLOODS — .COMFORT, CANAL ,PROBLEMS — CONTACT DIRECTOR OF DEPARTMENT OF TRANSPORTATION RELATED TO. S.W. 8 STREET AND 44 AVENUE ISSUE. Chairman Plummer: Commissioner Regalado's agenda. The first is the emphasis on the drainage system to prevent flooding. Commissioner Regalado: And, Mr. Chairman, I received a report from the Manager and Public Works on this issue and the future plans, but it's still -- for instance, in your district, 27th Terrace and 36th to 37th Avenue, there were some complaints of major flooding several weeks ago. I did receive a memo from the Manager regarding that. I'm sure that you were copied. I visited District 4 on Saturday, when we did the clean-up in Shenandoah. And Southwest 9th Street has very serious problems of flooding. One of the things, Jim, that I saw there was, the drainage was like clogged. So, we have these trucks and we've been lucky that we didn't have that much rain now, but I'm sure that we're going to get some tropical depression 325 July 27, 1999 or whatever. And what is the status of the cleaning of the drainage? Mr. Jim Kay (Director, Public Works): OK. Right now we have four of those units -- they're called Vactor Trucks and they are on street as much as possible. In fact, we've even worked them on overtime on occasion. We've had a good -- some good hard rains this summer and a lot of the leaves that were ready to fall have been -- most of the systems have been cleaned up. We do expect to have more rains, as you indicated, and we're just -- we're going to be ready to be out there in the field to take care of these things. Commissioner Regalado: On this memo, you said that, the Manager said that you need a major rain storm to measure. [AT THIS POINT, VICE CHAIRMAN GORT ENTERED THE COMMISSION CHAMBERS AT 2:13 PM] Mr. Kay: Sometimes when -- right. When we go out to evaluate a complaint, it's good to get a good, hard rain to be able to evaluate it. Sometimes, when you go out there and we get a, you know, just a small amount of rain and you really don't see very much. You don't see the -- how severe it is. Commissioner Regalado: Right. We have three of these addresses now, where the Manager says we need a rainstorm. What happen if this is during the weekend? What do we do? I£.. Chairman Plummer: Get wet. Commissioner Regalado: Yeah. Well, no, get flooded. That's what. Mr. Kay: During the weekend, we would still investigate. Obviously, sometimes we're not going to be able to go out there and physically view the severity of the problem, but sometimes you can always go out in the field and you can see evidence of where water's standing, like a little weed line that's up in somebody's yard or something like that and -- or question neighbors. A lot of times the neighbors are helpful and they send in pictures. Then, when we get that, then we're very -- you know, that makes our job a lot easier. Commissioner Regalado: If we do get pictures -- like the pictures I sent you of Southwest 3rd Street and 39th Avenue. Mr. Kay: Right. Commissioner Regalado: I sent you some pictures of that flooding. Mr. Kay: We do have a number that we have put out to residents up in the Belle Meade area, who have been experiencing some severe flooding up there, and a lot of it is due to some debris that gets into the system itself and we've given them the fire alarm number to call in case of emergency. When that's done, then we can organize a crew to go out there -- special crew to go out there and take care of the problem. Chairman Plummer: Well, there were two other things. Because we met up there. I even got Kay out of bed for 7:30 on a Saturday morning. And there's two issues up in the northeast. One is, there's a tremendous amount of foliage and those trees are shedding up there and, honest to God, the leaves are piled up. And what they've asked and I've asked of the Manager, is to try to get some schedule of street cleaning up in that area because if they don't do something, those drains, which is the second problem -- they came with a new type of drain in the northeast and it's not working. It's very small, the openings, of where the water can go into, and the minute you get one or two inches of leaves on top of it, it's completely blocked. We opened up 326 July 27, 1999 the manholes and I have to tell you, down in the -- where the water goes is clean. That was absolutely clean. There was no problem there at all. So, the only problem is, leaves get on top of small grates, which they are now going to modify in-house and to take -- what you have and I have around our houses, these are half size. So, they're going to modify them, according to Mr. Kay, and that, plus, hopefully, a little bit of street cleaning will, in fact, clean it up in the northeast. Commissioner Regalado: Do we need to give you addresses of drainage systems, where we feel that needs to be cleaned or you're -- you have twenty thousand, right, of those... Mr. Kay: About 25,000 catch basins throughout the City. Commissioner Regalado: Twenty, yeah. Twenty thousand. Mr. Kay: But if you know of a problem, please let us know. Commissioner Regalado: I know. Yeah, I know of several problems. Chairman Plummer: OK. Mr. Kay: Because I' Il -- we'll respond. We'll go out there and clean it. Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Mr. Gort. Vice Chairman Gort: Since I have Public Works in there, might as well take advantage of it. Two things. Northwest 17th Avenue and 23rd Street, railroad crossing, I don't know if that's our job, our problem, or the railroad itself, but there's some very large holes that have been created there. When you go through there, you can feel it. Mr. Kay: OK. Vice Chairman Gort: Your car can be damaged. That's right on the railroad crossing, the crossing of it. Number two is, we had a meeting with -- and finally we had the State, the County, and the South Florida Water Management together at the Blue Lagoon and we come up with the conclusions that the representatives, they believe that the State, since it was proved that the State owns all of the lake, they'll be able to -- my understanding is, we have a commitment they're going to be taking care of cleaning up that area. Now, we do pay Dade County to clean up east of 37th Avenue. There's a little canal there that was left, that used to be before -- part of the South Florida Water Management, but when they deviated the routes of the new channels, that channel has been abandoned between 37th -- between 42nd and 37th, it's very clean, but between 37th and 32nd, there's a lot of problems there and beyond there. Mr. Kay: OK. Let me bring you up-to-date on that, Commissioner. That is the Comfort Canal. The Comfort Canal is one of two canals that, some years ago, the County said that, since it's not a canal that runs between jurisdictions, it's wholly within the City that we would be responsible for maintaining it. We sort of fought that but, apparently, they have the power to do this. We worked out an agreement, some years ago, whereby the County would maintain that canal for us if we reimbursed them to do it. They had the equipment at the time to do it and they not only did that, but several other -- we're responsible for doing several other canals within the City, per that agreement. They have since told us that they are unable to perform under the obligations of that agreement; that we don't get any invoices from them, and they can't do 327 July 27, 1999 the work. And that's been fairly recent. So, we're looking at ways to maintain that canal. Vice Chairman Gort: My understanding also, you might be able to check with them. The property owners within the canal -- within the lake, my understanding is, they bought their own equipment to do their own clean up and maintenance within the lake. Maybe you can subcontract -- or maybe we can go at an RFP (Request for Proposal) or something because that needs to be cleaned. It's become a health hazard behind those houses. You've got residential right behind it. Mr. Kay: You're talking about canal or the lake? Vice Chairman Gort: The canal. Mr. Kay: Canal. OK. Vice Chairman Gort: I'm talking about the canal right now. The lake is going to be taken care of, hopefully. But we need to do something with the canal. Mr. Kay: OK, sir. Chairman Plummer: Jim, would you look at 1st Avenue and 20th Street? The east half of the street is mine. The west half of the street is Teele's. It is potholes in it, unbelievable. I think they were going to be doing something. They haven't. I wish you would look at it and... Mr. Kay: Do that. Vice Chairman Gort: Mr. Chairman? Chairman Plummer: ...make whoever did it straighten it up. Mr. Gort. Vice Chairman Gort: I apologize for interrupting. But maybe you might want to speak also to South Florida Water Management, since they're already in the area and they're already doing the clean-up, they must extend their clean-up and they can bill us for it. Chairman Plummer: All right. Mr... Mr. Kay: That's a good idea. Chairman Plummer: ...Regalado. Public Service Programs. Commissioner Regalado: Yeah. Before you leave, Jim. You need -- if you can, can you call Jose Abrao from the DOT (Department of Transportation)? He needs to speak to you about an issue on 44th Avenue, near Southwest 8th Street. I guess you know about... Mr. Kay: Yes, I do. I know about that. I talked to him. Commissioner Regalado: He was trying to reach you and, so, I told him that I will tell you. Thank you very much. 328 July 27, 1999 69. (A) DISCUSS PUBLIC SERVICE PROGRAMS ON NET 9 CABLE TELEVISION (B) . DEFER CONSIDERATION . OF PROPOSED : AFFORDABLE' HOUSING MULTI- FAMILY BUILDING ON CIVIC CENTER SITE (1,700 N.W. 14 AVENUE).:: Chairman Plummer: Public Service Programs. Commissioner Regalado: Last time we had a report from the Police Department. I just -- I have a question just for Jorge. I saw last night a public service program. Was that Metro -Dade Fire or Miami Fire Department? Mr. Jorge Hernandez: That's a special program, Commissioner, geared to hurricane preparedness, which we broadcast now, due to the proximity of it and we are in the middle of the hurricane season. We have a program in Spanish. We have a program in English. And also a program in Creole. And we are broadcasting it regular now, as part of the drills of the City of Miami, to prepare for a hurricane. Commissioner Regalado: Yeah, but it's Metro, right? Mr. Hernandez: That program was produced by Metro, yes. Commissioner Regalado: OK. At the end of the program, I think that you should mention the fact that the Miami Fire Department, you know, has similar plans. I mean, you should like get Gimenez to, you know, say something that the Miami -- because I was a little confused in terms of Metro and Miami. So, that's all I had. Mr. Hernandez: All right, sir. 70. DISCUSS: CARNIVAL FOR INDEPENDENCE OF CENTRAL AMERICA AND MEXICO PROPOSED TO BE HELD -IN N.W. 7 STREET BETWEEN 18 AND _22 AVENUES - MANAGER TO ASSIST WITH ATTEMPTING TO LOWER COSTS OF BARRICADES AND CITY SERVICES. Chairman Plummer: OK. Multi -family building in the Civic Center. Commissioner Regalado: One -- no, that's an issue that Dena had been meeting with the people. So, I think that we should defer that for future meetings in September. But I do have, Mr. Chairman, just one thing. There is a non-profit group that is organizing carnival for the independence of Central America and Mexico. This is in September, on the 17th of September. And -- no, the 12th of September. It's a Sunday. And they have requested to close Northwest 7th Street from 18th to 22nd Avenue. It's sort of like Calle Ocho carnival. And they went out and got the approval of the tenants of all the buildings, as the City of Miami Police Department said. The reason that I'm bringing this up is because they were given some costs and, as usual, although we do not waive fees, I would like to ask the administration to meet with them, to see how can they resolve some of the issues that they have here in terms of, for instance, barricades, help with the Police and the Fire. Chairman Plummer: It's very simple. Write a check. Commissioner Regalado: Yeah, well, they do. They will write a check, but they just want -- they want to write a smaller check than the... 329 July 27, 1999 Chairman Plummer: I'm sure. Commissioner Regalado: ...regular bigger check. Chairman Plummer: I'm sure. Commissioner Regalado: So... Chairman Plummer: All right. Commissioner Regalado: OK. 71. DISCUSSION RE: CHARTER AMENDMENT - STRONG MAYOR FORM, OF GOVERNMENT — CHAIRPERSON / VICE CHAIRPERSONS OF STANDING -COMMITTEES — . CHAIRMAN / VICE CHAIRMAN: OF CITY COMMISSION -'NO CHANGE ON. APPOINTMENT OF MEMBERS TO BOARDS. Chairman Plummer: All right. Now, to me colleagues, do we want to go back to the Charter changes now? The City Attorney said that he's not ready on one of them or -- Mr. City Attorney, tell me where you are. Mr. Alejandro Vilarello (City Attorney): Well, there's a few items that I would like to discuss with regard to the item that's before you, the Strong Mayor resolution. The changes that you asked for this morning are in the process of being revised. There are a couple of issues that I'd like to bring to your attention, if I could, if you want to discuss the item now? Chairman Plummer: What do you guys want to do? Commissioner Teele: Mr. Chairman, I think the issue is, as I understand it, he's not completed with all of the drafting? Chairman Plummer: That's correct. Commissioner Teele: I would recommend that we take up the four -prong issue on property. That's unrelated. They're not tied together and you're ready on those, right? Mr. Vilarello: Yes. Commissioner Teele: So, I would recommend that we take up the items relating to the disposition of property at this time. Mr. Vilarello: There is -- based on my comments, you might want different changes to the Strong Mayor form of government. That's just one issue. Chairman Plummer: Bring it up. Mr. Vilarello: And that relates to on page 12 of the resolution and it relates to the appointment of members of boards, committees and commissions. The way the language came forward and the way that the language is written in this resolution from the Charter Review Committee, it provided for the Mayor to make the 330 July 27, 1999 appointments to all boards, committees and commissions of the City. That is different than the standard -- the language that's currently in the City Commission. I mean, in the City Charter, which allows the Mayor to make the appointments to members of all standing committees, which is committees of -- made up of members of this Commission. This is a very large deviation from exactly the standard that you currently operate under and I want to make sure you all understand that before we go forward. Chairman Plummer: In other words, if I understand what you're saying correctly, for example, International Trade. This Commission would not have the right to appoint any members to that board? Mr. Vilarello: That's correct. Accept as is required by Charter. That means Charter boards or by State Statute. Any other boards, committees, Commissions would be appointed by the Mayor. Obviously, with the exception of the City Commission, which it would appoint its own Chair and Chairperson and Vice Chair. Commissioner Teele: What's the Genesis -- may I, Mr. Chairman? Chairman Plummer: Please. Commissioner Teele: What is the Genesis of that provision? Mr. Vilarello: I don't know. Chairman Plummer: Well, Mr. Gort, would you... Commissioner Teele: Did that come from the Review Committee? Mr. Vilarello: Yes, it does. Chairman Plummer: Mr. Gort, I think the question... Vice Chairman Gort: My understanding is, that the Mayor has the right to appoint all the Chairpersons to the different committees. Chairman Plummer: No, no, no. This is all members, is the way the City Attorney is bringing it forward. Am I correct? Mr. Vilarello: Yes. Vice Chairman Gort: Members of.. Mr. Vilarello: Meaning, the members and the Chairperson of such body. Vice Chairman Gort: No. Only... Chairman Plummer: Here again, I've got to ask the question. Vice Chairman Gort: Only the Chairperson. Chairman Plummer: The City -- the Charter Review made recommendations and now we're getting all these other things being said that they didn't do it. Where are they coming from? 331 July 27, 1999 Mr. Vilarello: The language, as written by the Charter Review Committee, provided for the appointment of and the removal of members of boards, committees, and Commissions, as well as naming the chair of each body. Chairman Plummer: Appointment and removal? Mr. Vilarello: Yes, sir. Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Are there any grounds specified for removal? Mr. Vilarello: The removal would require any due process rights that the individual would be entitled to as members of boards, based on nature of the board, committee or Commission. The issue that I want to bring to your attention is, as of right now, as the Charter exist, the Mayor has the right to appoint members of all standing committees, which are committees comprised of the City Commission. Members of the City Commission. This is a fundamental change to that. If the intention of Commissioner Gort was only to name the chairs of each of those members or boards... Vice Chairman Gort: The intention of the Committee was always just that the Chairperson because the different boards had different appointees. For example, DDA, (Downtown Development Authority) the appointee is appointed by the people within. Mr. Vilarello: DDA is one of the boards that is authorized... Vice Chairman Gort: The City Commission confirms. Mr. Vilarello: ...by State Statute and would be different. Commissioner Sanchez: How about the International Trade Board. Mr. Vilarello: That is one created by ordinance. Chairman Plurmner: Again, where did this come from? Mr. Gort says it was not the recommendation of the Charter Review. Yet, you're saying you're reading from the Charter Review. Where did this rabbit jump out of the hat? Mr. Vilarello: Commnissioner, this is included within the language that came forward from the subcommittee. Chairman Plummer: But the Chainnan is saying they didn't discuss it. Now, I'm sorry. Willie Gort is a pretty damn astute individual and he says they didn't discuss it, and you're telling me that somewhere -- it came out of nowhere. Mr. Vilarello: No, I'm not saying that, though. Chairman Plummer: Now, I want to know where. Vice Chairman Gort: That might be an interpretation because the discussion took place during the 332 July 27, 1999 Commission meetings. Chairman Plummer: Who made the interpretation? Vice Chairman Gort: That might have been the interpretation that was given to the staff that accepted it that way because in the discussions. there was a lot of things that was not written, that we asked staff to change them later on and to put them in -- to incorporate them into the document. if you all recall, you gave me a certain amount of time to present this to you so, before we could present it to you, I had to get all these things done. This is the fastest that I could. At the same time, I've always stated, and I stated in all the committee meetings, that the final say-so and the final changes in all of these recommendations will be made by this Commission. Chairman Plummer: Oh, absolutely. Vice Chairman Gort: All right? Chairman Plummer: Well, let me speak... Commissioner Teele: Mr. Chairman? Chairman Plummer: Go ahead, Mr. Teele. Commissioner Teele: May I -- maybe, Mr. Attorney, the confusion is over the standing committee issue. The previous Charter, which we're operating under now, had a substantial change in it from the previous Charter and that is... Chairman Plummer: Yes, sir. Commissioner Teele: ...it created, as I recall, five standing committees. Those committees, I must say, since Mayor Suarez departed, have not functioned, largely because the Major channeled things to those committees and through those committees. His interaction with us was directly in relationship in our roles in this various committees. For example, everything relating to Parks that came from Mayor Suarez' office was channeled through -- reading my correspondence -- was channeled through the Parks Committee, Standing Committee Chairperson, who, I think, was Commissioner Regalado. I don't remember it. But I raised the question with Mayor Suarez at the time. The matters that you're referring to Commissioner Regalado, relate to matters in my district. And his response, which, in retrospect, was a very intelligent response was, I think we would be better off if we have a committee system that's provided for under the Charter and that we try to work through that, in that it would give more of a citywide view of problems, so that everybody's not fighting for their park or their road and we had a roads person, we had other things. I believe, Mr. Attorney, that you need to look at the Charter language, which admittedly, for the last nine months, has not been utilized at all under the current Mayor. But there are committees in the Charter, which are called Standing Committees -- and I think we may be confusing those standing committees with other committees and commissions that are appointed by the City Commission. That's not a fair interpretation, Mr...? Mr. Vilarello: No. Tile... Chairman Plummer: No. The reason, Mr. Teele, that I think that that doesn't have any bearing is the fact that each one of us was given a standing committee. 333 July 27, 1999 • Commissioner Teele: The word -- the operative word is standing committee. Chairman Plummer: I understand that, sir. Commissioner Teele: Is that the only place in the Charter that... Mr. Vilarello: The change, Commissioners, is exactly in the Charter provision, which deals with standing committees. Commissioner Teele: Which is totally different from what you all are interpreting it as. Mr. Vilarello: I'm not interpreting anything. Commissioner Teele: I'm saying to my colleague, Commissioner Plummer. Mr. Vilarello: OK. Oh, I'm sorry. Commissioner Teele: It has nothing to do with the DDA. The standing committee language in the Charter has to do with, there are five standing committees. Chairman Plummer: Correct. Commissioner Teele: OK. Mr. Vilarello: Can I read the language? It's very brief. The Mayor -- the current language. "The Mayor shall appoint the members of all standing committees and the Chairperson and Vice Chairperson of each committee. There shall be as many standing and special committees as deemed necessary by the Mayor. Standing or special committees shall mean those comprised of Commission members." Now, the change that has been proposed or... Chairman Plummer: That's more than five. Mr. Vilarello: ...has been forwarded from the Commission -- from the Charter Review Committee says simply, "appoint and remove the members of boards, committees and commissions as provided herein by ordinance or by law named the Chairperson of each body, except the City Commission, which shall appoint its Chairperson and Vice Chairperson by a majority of its vote." So, it has done away with the standing committees altogether and, on top of that, it has... Commissioner Teele: It has done away with standing committees? Mr. Vilarello: It has done away with the standing committees. And, on top of that, it has given to the Mayor the power to appoint all members of all committees, with the exception of those required by State Statute or by the City Charter. This is a policy consideration but I have a recommendation, if you wish to... Commissioner Teele: Mr. Manager, Mr. Chairman, Mr. Attorney? Chairman Plummer: Mr. Teele. Commissioner Teele: I think we're convoluting about three or four separate concepts. We've got Charter standing committees, which, admittedly, we didn't have under the old Charter, but the Charter we're 334 July 27, 1999 operating under now, we have five, which, admittedly, those committees only function while Mayor Suarez was Mayor. Subsequent to that, neither the Manager's Office, nor the Mayor's Office have channeled things through committees. So, we've not utilized those. I believe that we should delete all language relating to the committee structure, except as it relates to the standing committees that are provided for in the Charter, and simply state that the Commission shall name the chair and vice chair of each of the standing committees.. Chairman Plummer: What about the members? Commissioner Teele: The members are the Commissioners or public members as -- a committee chair -- and I don't know if this was by Suarez' executive order or if this was by ordinance. But a committee chair could name his own committee members. Chairman Plummer: Or none. Commissioner Teele: Or none. Under the previous form. Chairman Plummer: Correct. Commissioner Teele: The evil, if you will, the thing that we need to correct here is, you don't need legislative committees, legislative committees being appointed .by the executive. What you should have is that the Commission shall designate the chair and vice chair of his standing committee -- of the standing committees as provided for in the Charter, and all other language is a policy question. Chairman Plummer: The whole thing is a policy question. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I'm starting to have some concerns with all. I think we're deviating way out of our boundaries. Commissioner Teele: Be careful. Commissioner Sanchez: Coming up with these changes that really have not come from the recommendations made by that committee. And I'm just a little concerned with all the changes that are being created. You know, I don't fully understand how exactly what we're going to do with this. I have some concerns with some of the committees that I sit and I'm sure everybody up here has some concerns with some of the committees or some of the boards that they sit on but, you know, I'm starting to get a little concerned here. Chairman Plummer: And based on your concern, what do you wish to do? Commissioner Regalado: Mr. Chairman? Chairman Plummer: Excuse me. Did you relinquish the floor? Commissioner Sanchez: I'm going to defer at this time. Chairman Plummer: OK. Mr. Regalado. 335 July 27, 1999 Commissioner Regalado: I think that some of the committees that have been historically appointed by the Commission do function and the members are very enthusiastic and some of the district members are also really willing to work. I agree with Commissioner Teele, that this issue about the standing committees of the Commission are not all the other boards that we have in the City. This will become a nightmare for anybody who is Mayor. I mean, it would have to appoint hundreds of people to those committees. So, I don't understand why we're trying to change the whole system that the City has so well worked in this area with the citizens and with the boards. So, I would think that, if we're going to do something, it has to be done with the standing committees and not all the boards, all the committees, that this City has. So, I don't know, Mr. City Attorney, if there is the language to leave some as it is and decide on what the Commission wants to do with the standing committee. Mr. Vilarello: With regard to the standing committees, I have no recommendation. With regard to the balance of the committees, the method by which this City Commission has made appointments in the past is probably -- I don't believe that there was an intention to move away from that. The language... Commissioner Regalado: That's what I'm saying. Mr. Vilarello: ...appears to be dealing with the standing committee and the language that was adopted by the Charter Review Committee seems to have inadvertently caught within it all the other boards, committees, Commissions of City Commission. So, my suggestion is that you deal with the standing committee issue only, however, you deem appropriate. Either leave it the way it is or follow Commissioner Teele's suggest and, then, leave out the other issues with regard to the other boards, committees and Commission of the City Commission. Commissioner Teele: Mr. Chairman, I think... Chairman Plummer: Mr. Teele. Commissioner Teele: ...Commissioner Sanchez has succinctly summarized this. I mean, we should not -- and I take note and I'm pleased to note that this could be a scrivener's error and inadvertently, I'm pouncing on the term inadvertently, move forward. So, what I would recommend that we consider doing is delete all references to any committees or boards, other than the standing committees that are contained in the City Charter, and that we amend that portion only.. In other words, everything that functions the way it functions now, relating to all boards and commissions, other than the five standing committees of the Charter, would be left just like it is. Mr. Vilarello: Just for the record, the Charter does not identify any number of committees. It just identifies standing committees as the Mayor deems appropriate in special committees. Commissioner Teele: Oh, so he appointed those by executive order? Mr. Vilarello: Apparently. Chairman Plummer: That's correct. I was Police and Fire, and I don't remember who was what. Mr. Vilarello: The Charter language... Chairman Plummer: And I do meet with the Fire Chief and the Police Chief before every agenda. 336 July 27, 1999 Mr. Vilarello: The Charter language is simply what I read into the record. Very briefly. It's that one paragraph. Commissioner Teele: See, and that's where 1 think -- see, Commissioner Sanchez doesn't... Commissioner Sanchez: (inaudible) Commissioner Teele: ...is not even aware of those committees because he was not here when they were appointed. Commissioner Regalado: Right. But, J.L., you were Police and Fire? Chairman Plummer: I was Police and Fire. That was the standing committee, which I was appointed to. Commissioner Regalado: Willie, DDA (Downtown Development Authority)? Chairman Plummer: No, no, no, no, no, no. No. He was Finance, I recall. Commissioner Regalado: No. I'm sorry. Zoning. Building and Zoning. Vice Chairman Gort: Building and Zoning and Sanitation. Chairman Plummer: Building, Zoning and Sanitation. But, you know, I have no problem -- this is my personal -- with the Mayor or Strong Mayor appointing those standing committees and naming the Chairman -- the Commissioner who is to be the Chairman of that standing committee. Because we might not need five. We might need three or, again, we might need eight. So, I have no problem with the Mayor as he sees the need to formulate these committees and naming the Chairman of a Commissioner who he feels is appropriate. I have no problem with that. Vice Chairman Gort: And that would have to... Chairman Plummer: What I've got a problem with... Vice Chairman Gort: That would have to come in front of us and confirmed by us, any changes that would take place. Am I correct? Chairman Plummer: Not according to this. He is at his will. Mr. Vilarello: The existing language allows the Mayor to appoint the members of all standing committees. Those are committees made up of this City Commission... Chairman Plummer: Well, I didn't get to finish, if I may. Mr. Vilarello: And he creates the -- and he names the Chairman and the Vice Chairman. Chairman Plummer: OK. The problem that I have, all right, is that the Mayor would name all of the members of a committee, of each and every committee. Now, that I've got a problem with, all right? Commissioner Regalado: That's what I said, that I had a problem with that, too, so... I mean, it's only one way to solve it. 337 July 27, 1999 Vice Chairman Gort: It should be the Chair and Vice Chairpersons and they, in turn, name the members, according to the needs of that committee. Chairman Plummer: I agree with that. Did we -- the question was asked of me during the recess, should we or did we or did the Charter Review Committee address the salary of the Mayor -- of the Strong Mayor and availability of staff? Vice Chairman Gort: No. Chairman Plummer: You never addressed that issue? Mr. Vilarello: Well, the powers of the Mayor does include -- we discussed that early this morning -- the ability to appoint members of his staff. In fact, the Commission voted on an amendment to that, adding that that would be, of course, subject to it being described and... Chairman Plummer: In the budget. Mr. Vilarello: ...and in the budget. Chairman Plummer: But, in other words, the Mayor, himself, his salary not addressed? Mr. Vilarello: That is addressed in the existing language in the City Charter, which allows that the Commission sets the salary of the Mayor that -- as unchanged language. Chairman Plummer: But that's in the present Charter. We're changing the Charter. Mr. Vilarello: That language... Chairman Plummer: Does that change or remain the same? Mr. Vilarello: That language remains the same as proposed. Chairman Plummer: OK. OK. So, I guess -- since all this silence here... Commissioner Regalado: I would then move to resolve this issue of the committees, and I don't know if there is a motion, Mr. Chairman, all ready? Mr. Vilarello: I need to know what exactly it is that the Commission wants to do. If you describe it the way Commissioner Plummer has described it, then you leave the language alone as it stands right now. If this Commission wants to name the Chairperson and Vice Chair of each of those standing committees, then direct me and I will make a modification of that language the way it is. Vice Chairman Gort: I would say, let the Mayor name the Chairman and Vice Chairperson and then we name the members. Commissioner Teele: I would strongly support the Mayor naming the Chair and the Vice Chair of the standing committees, with the approval -- the advice and consent again -- with the approval of the Commission. 338 July 27, 1999 Commissioner Regalado: Right. But leaving out... Commissioner Teele: With the advice and consent of the Commission. Commissioner Regalado: But leaving out all the other committees. Commissioner Teele: All the other members. Commissioner Regalado: No, all the other committees and boards. Mr. Vilarello: All the other boards and Commissions, that would have to be added language, Commissioner. Commissioner Regalado: Right. Mr. Vilarello: As I understand it, you don't want that in there. Commissioner Regalado: No. Vice Chairman Gort: Right. Mr. Vilarello: Then the only -- then I would have the existing language with the naming of the Chair and Vice Chair, with the advice and consent of the Commission, and the committee did recommend that this -- at this location we, again, state that the Chair and the Vice Chair of the City Commission is named by the Commission and not the Mayor. So, just making sure that that's clear. Commissioner Teele: Yeah. I think that the language you're using is... Mr. Vilarello: Consent and approval. Commissioner Teele: ...consent and approval. Whatever the term that we're using throughout... Chairman Plummer: Yeah, Sanitation. Those were the standing committees. Commissioner Teele: The standing committee. Chairman Plummer: Right. There is a motion by Regalado. Is there a second? Commissioner Teele: Second. Chairman Plummer: There is a second. Yes, sir. Mr. Ed Pidermann: Ed Pidermann, Miami Association of Firefighters. It's -- I mean, I've been sitting here all morning. I sat here the other day, with the entire discussion about this whole item and it's become obvious to me and maybe -- you know, maybe I'm just seeing it differently than everybody else. But there's a series of issues -- a series of items that have a lot of confusion. There's a lot of items -- for instance, there's committee item, the item with the appointment of the Department Director. There's a lot of items in here that are -- they're up in the air. They're still -- there's a lot -- this is drawing more questions than answers. And it's obvious to me that it's probably just a thing of being rushed through, and -- I mean, I don't know why, as though Armageddon would come about if this doesn't happen right away. This is a long-term issue 339 July 27, 1999 that you're debating, and the rush -- I don't see what the rush is. The world's not going to fall apart if this doesn't get done, you know, today. This is creating more questions than answers. I would almost, you know, ask that the process be, you know, expanded, maybe deferred from today. Allow some of the members from Commissioner Gort's Committee to come and give testimony. There was some subcommittees. There's obviously some members of the Charter Review Committee that weren't involved in every subcommittee. I don't know, you know, who was involved in the subcommittee on the Strong Mayor. Maybe the individuals that served on that subcommittee can come, can answer the questions, what the intent of that subcommittee was, what type of discussion took place, that could allow you to make a more informed decision and -- I mean, it would seem a reasonable thing to defer this from today to debate it. You have the whole month of August to ask questions to the City Attorney, to the members of the committee. You can get responses back. He has time to prepare new resolutions. It could be debated again in September and, then, pushed forward. To compound that, if it's debated in September, the first referendum vote can be held in March, which is only a single vote. And, then, the following November, you could have the actual -- if that's approved, the actual vote for Mayor with -- there's already a primary and general election being scheduled there. Minimal cost -- I think the cost for an election, that you can piggyback on the County, in the neighborhood of fifteen or sixteen thousand dollars ($16,000), as opposed to two or three hundred thousand dollars ($300,000). So, I mean, I think it would be reasonable and probably prudent for you to defer this today and, you know, push it on and give yourselves some time to debate this and do it at a later time. Chairman Plummer: Just for your information, the deadline for this is September the 3rd, OK. So, I'm just telling you that that's the name of the game. Remember, we tried to get a 90-day extension and the Commission did not approve of it. So, I'm just saying -- I'm putting the facts... Mr. Pidermann: I agree. And my point is, that this is a long-term issue... Chairman Plummer: Sir, I'll... Mr. Pidermann: Long-term issue, and to rush this to meet some dead -- some self-imposed deadline, in reality, allow it to take its course, debate it, allow time to question and get testimony from the members of the committee, and make an informed and reasonable decision. Chairman Plummer: Thank you, sir. Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, City of Miami, Allapattah. I don't know what's the delay. Go ahead. You voted before or to have an election or deadline, everything. So, go ahead. Actually, it's a matter of record with the City Clerk. Don't delay anymore. And what about the cost of the election? We don't worry about the cost of election. We are -- we're being paid by the City taxpayers too. Anyway. And I talk to the people everyday over there. They want election. People that can't come here because they have to work to pay their City taxes on that. And we are taxpayers for the City. Chairman Plummer: Mariano, the problem is simple. If the people don't understand it, they're going to turn it down. And I think that's what we're trying to do in trying to accomplish, to get as much clarity on the issues as we can. And if we don't, people in this community have a long record ... they don't understand it, they turn it down. So, I think that's what we're trying to accomplish here by spending as many hours as we are, as many as needed, to try -- at least we understand -- we, the Commission -- what we're putting onto the ballot. Mr. Cruz: You don't have to put it on the ballot. Give it to the judges. They will decide. 340 July 27, 1999 Chairman Plummer: I hope you deliver mail better. Mr. Ricker. Mr. Ricker: Daniel Ricker, 4302 Ingerham Highway. I just want to say, I support what Mr. Pidermann said earlier and, in listening over the last few days. I mean, it's obvious. These are very complex tasks that we're trying to do. This concept of throwing it up to the ballot and if the people don't understand it, they're going to turn it down, is self-defeating. I mean, the whole point of this is to have a document that has intellectual integrity, that everyone can feel positive about and will, succinctly, pass, you know, not the gerrymandered document. I'm sorry. Thank you very much. Chairman Plummer: Thank you, sir. Yes, sir. Your name and address. Mr. Josue Morales: Josue Morales, 3165 Southwest 16th Terrace. You're doing it. You're sitting here. You're going issue by issue. You're ironing it out. Commissioner Teele had said some very smart things. Each one of you has to come out with very good points and been able to iron out each detail with the City Attorney. You guys are bright people. The community here are bright people. You guys are doing a fine job at it. Take it one step at a time. There's no need to delay it months. You're doing it one step at a time. Why do we -- let's get this thing done and let's get the people out there to vote. Simple as that. Commissioner Regalado: Mr. Chairman, just one brief comment. Chairman Plummer: Thank you, sir. Mr. Regalado. Commissioner Regalado: I am just -- I'm surprised that many prominent members of our community come before us and think so low of the voters of the City of Miami and, for that matter, of the voters, that they won't understand that this is a rush. When the penny or one percent tax was proposed to the people of Dade County, Miami -Dade County, they only had 35 days and the people voted no, overwhelming, not because they did not understand the issue but because they did understood the issue. And I can tell you, guys, that I did a lot of programs with people calling in and the people did understand the issue. So, I think that... Chairman Plummer: Yeah, but did you see the results? Commissioner Regalado: Yes, yes. And that was the result. That was the result. Because the people did understood very well the issue. Because the voters of Miami are very well-informed in all areas, and that we have to save for the voters of Miami. Chairman Plummer: Tony. Mr. Tony Rodriguez: Tony Rodriguez, Miami FOP (Fraternal Order of Police). You know, I was going to stay back there and I've made the FOP's position, I think, perfectly clear on a number of occasions, not the least of which, earlier today. But I just can't, in all good conscience, stay sitting back there and let Commissioner Regalado's comments go uncontested. Let me just say -- and I speak for myself, the organization, the members that I represent, and I think I speak for many of the -- and Commissioner Regalado's words -- prominent people in our community that have spoken, including some of the other Unions. It is because we hold our voters and our citizenry in the highest regard that we speak and make the comments that we make. It is because we understand and appreciate the knowledge and the intelligence of our voters and our citizenry that we make the comments that we make, not -- and I don't want to cloud the issue -- not because we think any less of the voters and the citizens that I serve and protect everyday of my existence. So, it is because, in any estimation -- and I believe I say this with the utmost respect to you, Commissioner -- I think you are at total error when you make those comments. I will tell you that I hold the highest respect for many of the people that have spoken here, whose position I don't necessarily agree for, 341 July 27, 1999 but I assure you, sir, we absolutely respect and hold our voters and the citizens that we serve in the highest regard, not, in any way, shape or form, any less than that. Thank you. Chairman Plummer: Thank you, sir. Commissioner Regalado: No. I know you do, Tony, but I was -- sometimes I'm really uncomfortable when the people said, "Oh, the people won't understand." The people do understand. And what we put on the ballot is what the people would understand. And this is why we're doing this. Like the Chairman said, this is why we're spending so many hours doing this and -- so, the people can have a clean product and the people would decide. Because we're not deciding the fate of the government here. Mr. Rodriguez: Indeed, you are. Commissioner Regalado: No. The people will. The people will. I mean, do you think that the County Commission decide on the fate of the transit program? Mr. Rodriguez: Commissioner... Commissioner Regalado: No, sir Mr. Rodriguez: ...as a child, a saying my mother used quite often was, if you throw something up enough, eventually something's going to stick. And I think the voters of Miami have made -- decided on this issue time and time again. And we can agree to disagree and do it with respect. But I want you to know, Commissioner, I think the citizens of Miami have spoken. I think to say that, you're going to continue to decide and continue to decide -- and I agree with you, I think the voters do understand, and that's why I would say, if you're going to give it to them, give it all to them clearly. But let's not cloud the issue, Commissioner. I mean, you know, we all understand what's happening here and that's part of the process, and I can appreciate that. We're all in the same arena, one way or other. But I assure you -- and I know, at least for my organization, the members that represent, we hold our voters and the citizens that we serve with -- in the highest regard, and I will continue to say that. Thank you. Commissioner Regalado: Me too. Chairman Plummer: Thank you, sir. All right. I think we have a motion on the floor, Mr. City Attorney, am I correct? Mr. Vilarello: With regard to standing committee? Commissioner Regalado: Yes. Chairman Plummer: I think we had a motion by Regalado. Commissioner Regalado: Yes. Chairman Plummer: And I don't know if it was seconded or not. Ms. Maria J. Argudin: No. It was by Commissioner Teele. Seconded by Commissioner Regalado. Chairman Plummer: All right. That's in reference to committees, Chairmanship, standing committees. Would you read back the motion? 342 July 27, 1999 Ms. Argudin: Yes. That the Mayor may name the Chair and Vice Chair of the standing committees with consent and approval of the City Commission, but leaving out the other boards. Chairman Plummer: All right. Now... Mr. Vilarello: Can I clarify... Chairman Plummer: Excuse me. Wait a minute. Hold on. Let me ask a question. What about committees that are not standing committees? You better clarify it now. Commissioner Sanchez: Yep. Chairman Plummer: OK. Mr. Vilarello: Commissioner, if I can clarify the motion? Chairman Plummer: Is the International Trade Board, for example, a standing committee? Commissioner Regalado: No. Mr. Vilarello: No. Chairman Plummer: It's not. OK. So, the Mayor -- Strong Mayor concept passes. Then, the Mayor has no involvement in the Chairman or the members, is that correct? Commissioner Teele: That's set by City code. Commissioner Regalado: Yes. Chairman Plummer: OK. I just want to make sure which -- you know, you spell out and have it clarified which are the standing and which are not. Mr. Vilarello: Commissioner, if I may? Chairman Plummer: I understood -- just for the record, I understood standing committees as those five that were appointed. That's what I understood to be standing. All other committees, with the exception of statutory committees, were not affected by what was being proposed or the amendment, which will change that. Commissioner Regalado: Right. That is the intent of the motion, Mr. Chairman. Chairman Plummer: Mr. City Attorney. Mr. Vilarello: The motion, I think, as was repeated to you, covers some of the issues, but I think I need to clarify just so it's very clear. The language of the City Charter, as it exists today, remains the same, with the exception of the following two things: that the Chair and the Vice Chair of the standing committees are appointed by the Mayor, with the consent and approval of the City Commission. And the second change is that the Chair and the Vice Chair of this City Commission is determined by a vote of this City Commission, not by the Mayor. 343 July 27, 1999 Chairman Plummer: So, then, the only change that I see in the concept is by consent and approval of the Vice -- the Chair and Vice Chair of standing. That's the only difference. Mr. Vilarello: And the appointment of the Chair and the Vice Chair of this City Commission. Chairman Plummer: And the City Commission. That's the only changes. Mr. Vilarello: Those are the only two changes. Everything else remains as you continue -- as you operate today. Chairman Plummer: OK. I still want to know where the rat is. There's a rat in here somewhere between what the committee had and what is in these items that we have here somewhere, and I don't know where that rat is. OK. There's a motion on the floor motion. Motion understood. Call the roll. [COMMENTS MADE DURING ROLL CALL] Chairman Plummer: I'm going to vote yes, but I'm at a puzzle to understand the comments made by Sanchez and his vote. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 99-591 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 1 RELATED TO STRONG MAYOR FORM OF GOVERNMENT TO PROVIDE THAT THE STRONG MAYOR SHALL APPOINT THE CHAIRPERSONS AND VICE CHAIRPERSONS OF THE STANDING COMMITTEES WITH THE CONSENT AND APPROVAL OF THE CITY COMMISSION AND DELETE REFERENCES OF THE MAYOR TO APPOINT MEMBERS OF BOARDS, COMMITTEES AND COMMISSIONS; FURTHER STIPULATING THAT THE CHAIRMAN AND VICE CHAIRMAN OF THE CITY COMMISSION IS TO BE DETERMINED BY THE MEMBERS OF THE CITY COMMISSION. 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 Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: Commissioner Joe Sanchez. ABSENT: None. Commissioner Sanchez: Well, let me just... 344 July 27, 1999 Chairman Plummer: And I'm scared I'm missing something. Commissioner Sanchez: Well, let me just put it on the table here. Chairman Plummer: Please. Commissioner Sanchez: One is, if we're going to select the Strong Mayor and we're going to go with the recommendation set forth, the committee worked very hard to put these recommendations together, I am going to try to stay as close as I can to these recommendations. Chairman Plummer: But, you see, that's my problem is, that Commissioner Gort says... Commissioner Sanchez: Well, that's why I voted no. Chairman Plummer: ...they didn't speak to that issue, and that's where the rat is. Vice Chairman Gort: In every meeting, in every meeting that we had, the opening on my meetings, I always stated, anyone that has information, any addition or deletion, please send it forward. At the same time, this is a recommended committee, who put a document together, send it to the Commissioners, and final changes, final decisions will be taken by the Commissioners. I always stressed that from the beginning. And, like I told you, as the Chairperson of the committee, I listen to the majority and I went along with the report with the majority, although, personally, I had differences in some of the issues, which I stated before. So, I was in front of you. I always stated that the Commission here would have the opportunity, and the chance, to look at it, add or delete anything that we believe should be changed. And the other questions -- and we put a lot of emphasis on this -- we have to make sure that whatever document we put together is a document that the people will understand. If not, the people will vote against it. And that's why it was also recommended that we prioritize the different changes and we take it not all at the one time because it would be very difficult to do so. That it should be one at a time or according to however the Commission wants to prioritize it. Chairman Plummer: Mr. City Attorney, anything further on that one amendment? Mr. Vilarello: On that amendment, no. But I do have other items. Chairman Plummer: Does any of the Commissioners have any other -- discussion on that amendment? All right. Let's go to the next one. Mr. Vilarello: There was a vote taken on that? Commissioner Sanchez: Did we vote on it? Mr. Vilarello: Commissioner Plummer... Chairman Plummer: On what? Commissioner Sanchez: On this last one. Chairman Plummer: The last one, yes. 345 July 27, 1999 Mr. Vilarello: Commissioner Plummer? Chairman Plummer: Yes, sir. Mr. Vilarello: With regard to your comments, I want to bring to your attention that the Charter Review Committee did put forward its recommendations. You gave me a direction to put forward a legally sufficient inquiry and question to the voters. My obligation is to try to put together and provide the appropriate interpretation of what the committee did to give you legally sufficient document. So, some of this shaded text that I've given you -- and I've noted that in my Executive Summary to you -- did make some changes to bring forward the legal -- conformity that was necessary to put forward a valid question. So, when I identified those issues for you, I'm trying to let you know where, perhaps, the interpretation of the Charter Review Committee may have needed some modification or adjustment. Chairman Plummer: Mr. City Attorney, I'm not going to beat a dead horse. When the Chairman of the committee tells me that he never heard any discussion in relation to an issue and, yet, it appears in a document in front of me, saying it was recommended by that committee, that's where I've got a problem, OK? I'm not going to continue on it. But I'm telling you, that's where the rat is, OK. Now, go to -- did you wish to speak to the issue? Mr. Pidermann: Yes, sir. Real quick. Ed Pidermann, Miami Association of Firefighters. Just to reiterate that one point that you keep making, Commissioner Plummer, is why you cannot allow -- there are subcommittees that -- Commissioner Gort was not involved, I presume, in every subcommittee. And, you know, why not the members of the subcommittee that dealt with the Strong Mayor come here and provide testimony and answer questions so that you get the information from the horse's mouth? Chairman Plummer: Well, sir, the answer is simple, OK? Mr. Gort very clearly stated, "This Commission will make the final decisions," as we're doing now, OK? My only question is, where was the misinterpretation, if that's what it was? But I think that this Commission, right now, is going into each and every segment -- God knows we've spent three or four hours on it now, just this one, in two days -- to clarify all of the issues. And, as Mr. Gort said, this is where the buck stops. Vice Chairman Gort: I'd like to add on that. In the time that we had, a lot of the information that was given to the person in charge and to the attorney was, try to draft and put it together and, then, we, the Commission, will look at it. They might look at it from one perspective as the administration. We, as elected officials, might look at it a different way. That's why we have it here because we're not going to follow -- and I never recommended that the document that's been put together by the committee be passed or approved hundred percent or have it rubber stamped. My idea always was, you bring this to this Commission. At least we have a proposal. We have a draft. And let this Commission look at each of the items, like we're doing today, and saying, this work. This doesn't work. This works because of this reason or these changes should be good, it should not be good. So, that's why you see a lot of the changes taking place today and I think you'll see many other changes on the other. Mr. Pidermann: But, in this committee -- in the subcommittee, there must have been several members who had done some type of research, who... Vice Chairman Gort: All the subcommittee reports were put together, it was forward here, and the committee's reports were approved by the committee as a whole and given the instruction to put a summary together so the summary could be brought to this Commission. Mr. Pidermann: But the compilation and the work of that subcommittee, there has to have been some type 346 July 27, 1999 of a train of thought, some type of research, some type of reasoning behind it that, unless you're a member of that committee and was there and heard the discussion on certain items, I mean, it would make sense to bring it here and allow the members of that Committee -- however many there are, one two, three, four, whatever they were -- to come here and give testimony and answer questions directly to -- whoever asked the question related to that. Commissioner Regalado: Mr. Chairman, if I may? Chairman Plummer: Gentlemen... Commissioner Regalado: Just one... Chairman Plummer: OK. I mean, you know, I'm not going to cut anybody off but we've got to start making -- we've been fishing and it's time to cut bait. Mr. Regalado. Commissioner Regalado: Very briefly. I remember Shorty and Tom Gabriel and Tony, when we met all to work for the "Yes" vote on the City of Miami. That was a very fast campaign, and I'm telling you, it was less than 30 days, since the Commission decided to put it on the ballot, and they have the signatures. And then, the second issue was the Executive Mayor. And I remember that nobody was concerned about the Executive Mayor powers at that time. We all concentrated on voting "Yes" for Miami. All the resources, all the energy went to vote yes for the City of Miami because we wanted to save the City of Miami, and it clouded the issue of the powers of Executive Mayor. And many people in the City of Miami didn't vote because they thought that they were voting for a Strong Mayor form of government. Now, what we're trying to do here is not to cloud the issue and this will go in the ballot, clean, so the people would have the information to make an intelligent decision. But remember, guys, I was with you working in the radio and in the meetings. I remember Miami Avenue, that we had that meeting that Sunday afternoon. We didn't discuss Executive Mayor form of government. We discussed, "Yes" for Miami. And, I mean, we were not really concerned about that issue. We were concerned only about the yes for Miami, if you remember? Mr. Pidermann: Oh, yes. I was there. I worked many late nights. I mean, now you're saying that the... Commissioner Regalado: No, no, no, no. I'm saying... Mr. Pidermann: ...the voters of Miami were not informed and didn't know... Commissioner Regalado: No, no. I'm saying -- I'm saying... Mr. Pidermann: ...what they were voting on in one issue but they would in this issue and that's... Commissioner Regalado: No. That's what I'm saying. Mr. Pidermann: You're saying... Commissioner Regalado: No, that's what I'm saying. Mr. Pidermann: ...two different things. Commissioner Regalado: No, no, no, no. Mr. Pidermann: Yes. 347 July 27, 1999 Commissioner Regalado: Ed, what I'm saying is that your concern now wasn't that concern. Because I understand that our concern at that time was to save the City of Miami, and I understand that and I -- I understand your concern. And this is why we're doing what we're doing here. Mr. Pidermann: And my immediate concern is not the voters. It's making sure that, you know, the five of you have an educated and complete information so that you can make a well-informed decision. Chairman Plummer: Mrs. Hill. Ms. Hill: Hello. Chairman Plummer: Speaking to the issue. Ms. Hill: I'm speaking to this issue, concerning the putting it before the voters. Before we, intelligently, let the people who is going to vote know about the small print of rubber-stamping and red -ink -spending. That is the way that I believe is to come through the back door and the ignorance of the voters because they don't even know the small print. That, to me, is another way to come through the back door to admit the execution of the Economic Opportunity Acts and Amendments... Chairman Plummer: Please, speak to the Strong Mayor. Ms. Hill: Well, Strong Mayor is not implemented in this, sir. Chairman Plummer: Well, that's what we're talking to and I'm going to limit you to. Ms. Hill: OK. Strong Mayor has nothing to do with this, but I have something to do with it because... Chairman Plummer: That's for another day. Ms. Hill: Oh, it's another day? Chairman Plummer: If you want to ask for a discussion item before the Commission, that's another day. Ms. Hill: OK. I think it's time now, sir. Chairman Plummer: Let's stick to Strong Mayor. Ms. Hill: OK. I think it's time, sir, now because you're giving authorization to a Strong Mayor and this point is supposed to be recognized before the Strong Mayor could carry out his duties according to what he's supposed to do. Chairman Plummer: Thank you, ma'am. Ms. Hill: So, I'm speaking to the issue. Chairman Plummer: Thank you. Ms. Hill: And the issue is, let's do it right. Let's don't just put something to the voters and they don't understand what's going on. 348 July 27, 1999 Chairman Plummer: Thank you, ma'am. Is there any further discussion on Charter Amendment number one? Hearing none, we'll go on to Charter Amendment number two. Mr. City Attorney. Commissioner Regalado: Do we have to vote on it? Chairman Plummer: When we get it back in final form, we'll vote on it. Mr. Vilarello: You've requested a series of amendments. Chairman Plummer: That's correct. Mr. Vilarello: I would suggest that you wait and see that document before you approve it. 72. DISCUSSION RE: CHARTER AMENDMENT - INDEPENDENT AUDITOR GENERAL - SEND TO OVERSIGHT BOARD AND -STATE COMPTROLLER GENERAL. Chairman Plummer: Amendment number two. Mr. Vilarello: Amendment number two is the creation of the office and position of Independent Auditor General. The Independent Auditor General would be appointed by and report directly to the City Commission. The Independent Auditor General would serve an appointed term of fixed -- a fixed four-year term, subject to suspension or removal for cause. The way the Commission has requested the removal for cause is similar to the language that's contained in the City Charter or it's exactly as the language contained in the City Charter with regard to the Police Chief and the Fire Chief. The term of the initial appointment of the Independent Auditor General would begin January of the year 2000 and end with the election of November of 2001. The date on this short initial term was requested by the City Commission so that the term would run concurrently with the municipal election. The beginning date is recommended by my office to afford the Commission an opportunity to search for a qualified candidate for this position. The duties and powers and responsibilities provided therein are contained, the recommmended subject matter raised by the City Commission, by the legislative and budget analysis requirements, and by the Charter Review Committee's recommendations. I did refer to language of other -- similar County Charter provisions, as well as our own existing Internal Audit Department and Review -- Internal Audits and Review Department. Chairman Plummer: Discussion? Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: Thank you, Mr. Chairman. Does Broward County have a similar position? Mr. Vilarello: Yes, sir. Commissioner Teele: How does that language -- is that language similar in any way? Mr. Vilarello: We used the language similar to the language that's contained. Chairman Plummer: You took the easy way out. 349 July 27, 1999 Mr. Vilarello: No. Commissioner Teele: No, no. I wanted to put on the record that, in the discussions in the last meeting, we asked him to look at the state law relating to the Comptroller General and other counties. He came back to me on the phone and said that Broward County has something very similar, and I just wanted to put on the record before the hype and the psyche begins of something that's being created, that this is basically consistent with what many other local governments have today. And that, in fact, much of the language is drafted from the Broward County form of government. And I just think that it's important because people will say this is something that's being created to undermine the Mayor or to do this or to do that and that's just not the way the Independent Auditor General function reads. Chairman Plummer: Any further discussion? Mr. Tony. Mr. Tony Rodriguez: Thank you, Commissioner. Tony Rodriguez, Miami FOP. Very briefly, this is an item that causes us some concern, and I'll tell you why. It seems to me -- and let me just say on the onset, notwithstanding this elected body -- but the changes that are being proposed here are changes to our Charter and our way of government that could presumably last forever, and certainly many, many years. And I think we must proceed with caution to have the position of the Auditor General reporting to the Commission and, in some way, having the possibility of politicizing that position, when we all know that an auditor, oftentimes, engages in investigative functions, in areas where there might be some questions of physical impropriety. And the Auditor General presumably would be reviewing all of the respected budgets of your offices, as well as all the other departments. To have that position responsible to and hired by the Commission, the elected body, I think we should proceed with caution. And, again, I want to say, not this elected body, but certainly many years down the road. I think it might lend itself to some problems, if we're not careful. So, I just wanted, for the record, to express our position because that could be some problems, like the rooster attending the hen house. Chairman Plummer: Yeah. But, Tony, let's remember: One of the problems that this City got into financially came about by the fact that when the audits came and the so-called Audit Letter, the Audit Management Report, we, the Commission, never saw them, OK? They went to the Manager and they went to the Finance Department, who, in fact, answered, as we are now told... Mr. Vilarello: Commissioner, if I could interject at this moment. We are pending -- impending litigation with our former External Auditor and I would prefer, at this point, not to characterize any of the information that came to or did not come to the City Commission during that time period. Chairman Plummer: "Mea Culpa, mea culpa." Mr. Rodriguez: Yeah, and I understand where he's coming from on that. And I think you kind of emphasized... Chairman Plummer: I think you know what I'm saying, OK? Mr. Rodriguez: Yeah, I do. Believe me, I clearly know what you're saying because we went through many of the sacrifices because of some of the things that occurred. So, that's exactly why I'm saying that. I want to make sure that we're cautious that something like that doesn't occur in the future. Chairman Plummer: Well, let me ask this question. 350 July 27, 1999 Mr. Rodriguez: And this might lend itself to it. Chairman Plummer: Mr. City Attorney, two points that I wish to make or questions that I wish to ask. Number one, we had talked about an Auditor General but also a dual capacity of a Budget Director that was answerable to the Commission. We spoke about that, OK? And I think Tony's point is well -taken, that what would be the problem, even though he is answerable to this Commission and subject to this Commission, that he also furnish any and all records or documents to the Mayor's office? I think that's only right that it should happen. We are the governing body over the Auditor General, as I understand the proposal. Mr. Rodriguez: Yes. Chairman Plummer: OK. Now, so that there's no -- you know, I come back to the check and balance. That there be no prohibition about the Mayor having any and all documents furnished to this Commission. Mr. Vilarello: Commissioner.. Chairman Plummer: And then there's no hidden agendas here. Mr. Rodriguez: I think that's probably in there already, Commissioner. Commissioner Teele: Yeah, but... Chairman Plummer: Well, is it in there already? Mr. Vilarello: The language -- yes, sir. Mr. Rodriguez: As I read it. Chairman Plummer: How can it be in there already? We don't have an Auditor General. Mr. Rodriguez: As I read it. Alex, you want to... Mr. Vilarello: In the proposed language all the reports that are provided to the City Commission are copied to the administration. Chairman Plummer: The Administration or Mayor? Mr. Vilarello: Well... Mr. Rodriguez: I think he qualifies as administration. Mr. Vilarello: The administration is the administration if the Strong Mayor form of government passes or the City Manager is the Strong -- is the administration in the event that it doesn't. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I really -- I mean, I appreciate, Tony, what you're saying, I think. But Tony, I think 351 July 27, 1999 we ought to be very, very fair and I hear what you're saying. You didn't say you objected. You said we need to go cautiously. Mr. Rodriguez: Yes. Commissioner Teele: And I take note of that. But I also want to just point this out. What Commissioner Plummer is alluding to, which the City Attorney has basically cautioned us about going and characterizing, is the fact that there has to be a check and a balance in terms of the budget and the finance and the expenditures of the City. Mr. Rodriguez: I fully agree with you. Commissioner Teele: The Oversight Board is here for one reason. There was no check and balance. Forget who's at blame, whether it be the Commission, the Manager, the Mayor, who was the Mayor and member of the Commission, the management. The point is that there was a fundamental shortcoming in the system. This structure is identical to the structure in the federal process and the state process. The Comptroller General... Mr. Rodriguez: I don't think it's identical. Commissioner Teele: It is totally -- the words, I have it right here. The Comptroller General is also referred to as the GAO, the Government Accounting Office. He reports directly to the Congress. He doesn't report to the President. He's reviewing -- he reviews the congressional budget, OK. Mr. Rodriguez: And I'm not suggesting that at all, Commissioner. Commissioner Teele: He reviews it, but that's not the issue. Mr. Rodriguez: I know. Commissioner Teele: The congressional budget represents one percent of one percent of the total federal budget. The rest of it is non congressional. The City Commission budget represents one percent of one percent of the total City budget. Mr. Rodriguez: Commissioner, but you must agree with me... Commissioner Teele: The point... Mr. Rodriguez: ...as having district projects that are funneled and that you, as a Commissioner of your district, are responsible for -- I agree with what you're saying. That's why I think it should be external, as well -- when we talk about an auditor and not politicize. Commissioner Teele: But, Tony, it's not a question of whether it's politi -- anything that reports to an elected official, you could arguably say that it's politicized. But, Tony, for a moment, let's just look at the branches of government or look at it as a corporation. We're a municipal corporation. Go to any corporate lawyer in America, the External Auditors report to the Board of Directors. They don't report to the CEO (Chief Executive Officer). Mr. Rodriguez: Right. But they're not hired by them. 352 July 27, 1999 Commissioner Teele: They are hired by the Board of Directors. No. The External Auditors, the people who check on the CEO -- even Wayne Huizenga has to be accountable to a Board of Directors and the only way the shareholders of Auto Nation or Republic or Carnival or any other company are protected, the shareholders, the people of the City being the shareholders of this City, is that the external auditors report to the Board of Directors. Mr. Rodriguez: And I agree. Commissioner Teele: They do not report to the CEO. The Mayor being the CEO... Mr. Rodriguez: I agree with you. I agree with you on this. Commissioner Teele: And that's all this does. Mr. Rodriguez: But that's not my point. See, that's not my objection to all of this. I agree that they should report to all of you. I don't have that problem. And then furnish whatever copies to everybody and their uncle. That's not what I'm saying. What I'm saying is, an External Auditor that is hired by any major corporation is hired to perform a function, independent of his job security. Do you understand what I'm saying? Commissioner Teele: Yes. Mr. Rodriguez: With someone that is hired -- and, again, I want to reiterate, notwithstanding this elected body -- but anyone whose job is dependent on the same individual that they're going to be reporting to might cause a problem in the future. Commissioner Regalado: That's the case of the City Attorney. I mean, you can say that the City Attorney... Mr. Rodriguez: The City Attorney doesn't even qualify... Commissioner Regalado: The City Attorney has a lot of power. Mr. Rodriguez: I agree. Commissioner Regalado: Has a lot of power. And there is -- and, you know, he has rendered an opinion. He has told us, you cannot do that. Still there. So, you know, Tony... Mr. Rodriguez: Believe me, I know, and it a -- that's why I say, we must -- and I would ask to all of you, as my Commissioners, to proceed with caution on this. Be aware of the possible pitfalls that may lie ahead because you're doing a fundamental change to our form of government that's going to be here, presumably, forever. Commissioner Teele: But Tony and Mr. Chairman, in conclusion, I think your comments are well -taken and well -expressed. Chairman Plummer: Thank... Commissioner Teele: We consider -- we considered this very provision in the last meeting and the thing that's different today from the last time is that whoever is the External Auditor is insulated from the politics, as you've described, by having a fixed term of office and he, for four years -- is that right? -- for four years, 353 July 27, 1999 0 • and he may not be removed or she or he may not be removed, except for some act of.. Mr. Rodriguez: I understand. I've read it. And I understand. I won't belabor the point. Commissioner Teele: I mean -- and, so... Mr. Rodriguez: I wanted to make that point and I ask and I trust that all of you will consider all of the input that you're gaining. Commissioner Teele: But, Tony, I want to put this on the record because I think your point is a very intelligent point. He may only be -- the person may only be removed is subject to suspension and removal by the Commission for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders or some -- or other reasonable just cause. "''" Mr. Rodriguez: I'm not saying a word. Chairman Plummer: What is just cause? Commissioner Teele: Just cause is a term... Mr. Rodriguez: Interesting. Wow! Who are we going to find? OK. Commissioner Teele: Just cause is a term of art. Mr. Rodriguez: And I understand that. You're right. Sure Commissioner Teele: I mean, courts will tell you what just cause is. Mr. Rodriguez: Anyway, just please bear that in mind. Thank you. Chairman Plummer: All right. Mr. Cruz. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am for the External Auditor. As you say, check and balance. Many people told me that. We have a lot of problems here before up to sixty-eight million problem and then we get more and more problem compounded. Now, I am for to see who is going to pay this external audit. Because now you're going to get, like I say, a single auditor, you have to include all kinds of money that's coming to the City. The grants that come to the City or the single audit. Many people don't realize what a single audit in those books at, how those monies that are spent, they get -- they follow federal guidelines. Then, after we spend the money, we have to be looking for three or four million dollars ($4,000,000) more to be paid later on and we need an Independent Auditor. Remember, it's not just to look honest, to be honest. Look what happened to the County now. It's not that they were dishonest. They perceived the dishonesty of the County. The shrinking palm, the disappearing mahogany trees, the port. You got all kind of problems. Then, the City -- I don't know -- now it looks that everything is going -- been going all right, but still, for to keep the people honest, we need an external -- not only external, independent audit. Chairman Plummer: Thank you, sir. Mr. Cruz: Auditors. 354 July 27, 1999 • • Chairman Plummer: Mary Hill. Ms. Mary Hill: Well... Chairman Plummer: On the Auditor General. Ms. Hill: Auditor General. Chairman Plummer: That's what we're speaking to. Ms. Hill: That's what you're speaking to right now? Chairman Plummer: Yes, ma'am. Ms. Hill: And I want this on record also. I am Mary Hill, the founder of Title 20 Grants Revenue Sharing and the director by statutory laws... Chairman Plummer: Are you running for the office of Auditor General? Ms. Hill: Yeah. I'm talking to anyone who listens. Chairman Plummer: No, ma'am. Please. Now, you know, I don't want to get... Ms. Hill: The Auditor General should know this. Chairman Plummer: I don't want to get upset. I'm trying to be very calm, but I'im asking you, please, again, speak to the issue. Ms. Hill: Well, the issue is... Chairman Plummer: The issue is only as we're discussing now, Auditor General. Ms. Hill: OK. Chairman Plummer: Any other discussion is out of order. Ms. Hill: Well, the Auditor General should pay still attention. I'm speaking to them so they can pay strict attention of what I'm fixing to say here. Chairman Plummer: Thank you, ma'am. Ms. Hill: And I'm speaking to it. Chairman Plummer: Thank you, ma'am. Ms. HilI: And I know my position and I know when to speak. Chairman Plummer: Thank you, ma'am. I'm glad to have... 355 July 27, 1999 • C] Ms. Hill: And another thing I would like to... Chairman Plummer: Thank you, ma'am. Ms. Hill: Like to make clear. Chairman Plummer: You... Ms. Hill: I am by -- director by statutory federal. I'm not local. Chairman Plummer: You are out of order. Now, if you do it again -- this is the third time that you've done it. Ms. Hill: Sir... Chairman Plummer: Mary. Ms. Hill: ...I beg to differ. Chairman Plummer: Excuse me. Your third time out of order. Ms. Hill: I'm speaking to the Attorney General. Chairman Plummer: I'm going to say to you, if you do it one more time... Ms. Hill: Do what? Chairman Plummer: ...we're going to get you to surrender in writing. Ms. Hill: OK. Chairman Plummer: OK? Ms. Hill: I have surrendered some of this in writing. Chairman Plummer: Have a seat. Ms. Hill: But you all are not paying attention. Chairman Plummer: Have a seat. Ms. Hill: Excuse me. I'm speaking to the Auditor General and I am in order. I am in order. As director and the one bringing it in here, I am in order. And I need to be heard. Now, as director, I'm going to show you the duties as a director, which you all are overlooking in here, and I want the Auditor General to pay attention to it. Chairman Plummer: Ma'am, we don't even yet have an Auditor General. Ms. Hill: OK. Well, I'm talking to you all, then. So, when you get the Auditor General, be sure you include this... 356 July 27, 1999 Chairman Plummer: If we do get one, I will personally invite you to come back and write the scope of his duties. Thank you very much. Mr... Ms. Hill: Not only his duties... Chairman Plummer: Ma'am, ma'am? Ms. Hill: ...but the duties of the Commission. Chairman Plummer: Excuse me. If you wish to speak again, you'll reduce your questions to writing. Commissioner Regalado: Mr. Chairman? Chairman Plummer: I'm sorry, Mr. Regalado. Ms. Hill: OK. Commissioner Regalado: Channel 9 is off the air. Just for... Chairman Plummer: I'm sorry? Commissioner Regalado: Channel 9 is off the air. Chairman Plummer: So, what do you want me to do? Commissioner Regalado: I don't know. Chairman Plummer: Create a rabbit. Commissioner Regalado: Well, I don't know because this is an important issue and I don't know if they are taping this or if we will be able to see it later or if the whole system is down. Chairman Plummer: Maybe we're better off. All right. Commissioner Teele: Mr. Chairman? Chairman Plummer: Excuse me. What do we -- hold on. Excuse me. Is it back on again? Is it off? What are we going to do? Commissioner Teele: Mr. Chairman, please, let's proceed. Chairman Plummer: I would like to, but the man has raised a question, Mr. Teele. Do we proceed or we don't? Mr. Donald Warshaw (City Manager): All right. Channel 9 is on the air now. I was just told that there was a lightening strike downtown. The cable was off for a few minutes. It's on the air again. Chairman Plummer: Mr. Regalado, we are informed that it's back on. Mr. Teele. 357 July 27, 1999 Commissioner Teele: Mr. Chairman, are there any other public comments on this item? Chairman Plummer: I'm trying to get to them, sir. Mr. Ricker. Mr. Ricker: This will be the last time. Daniel Ricker 4302 Ingerham Highway. How about a suggestion? If we had, not only the reports of this audit entity go to you all and also the administration, how about we send a copy up to the Director of Chief Audits for the State of Florida in the Inspector's General Office. I met him at the Oversight Board meeting a couple of weeks ago and he's a very articulate, sharp gentleman, and I'm sure if we copied them as, you know a "cc," it would not only help us perhaps in showing where we're going but also may help in assist getting the Oversight Board over or getting it out of the way. Chairman Plummer: I think it's a great idea. Commissioner Sanchez: Public record. Chairman Plummer: I think it's public record. No, but what he is saying is not let them come ask for it, that we send it. Because let's remember the problem we had before, that individual -- excuse me, not that person but that office before had a responsibility to the Governor and never performed that responsibility about the possibility of a City ended in deficit. They said they did the study. They saw the problem but they never brought it forward. So, to send it up there now, they cannot say that they didn't have it and I think that's an excellent idea. Mr. Ricker: All right. Thank you. Chairman Plummer: I would incorporate that, here, in a motion. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele, I'll incorporate that as a motion, that those -- well, we're already going to automatically give it to the Oversight Board. There's no question about that. Commissioner Teele: Mr. Chairman, we're talking now about Charter language. Chairman Plummer: Yes, sir. Commissioner Teele: I don't think we should write in our Charter that a copy of something will be sent. I mean... Chairman Plummer: We're saying that the administration's going to get it. Why can't we say anyone else gets it? Commissioner Teele: Mr. Chairman, if that's your pleasure. But I would prefer that you say the Comptroller General will get a copy. Chairman Plummer: If that's the person who would be appropriate, then, so be it. Commissioner Teele: The Auditor General reports to the Comptroller General. Chairman Plummer: Then that is my motion. 358 July 27, 1999 Vice Chairman Gort: OK. There's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Second. OK. Discussion? Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Nays? No nays. Thank you. Here. 359 July 27, 1999 The following motion was introduced by Chairman Plummer, who moved its adoption: MOTION NO. 99-592 A MOTION DIRECTING THE CITY MANAGER TO FORWARD A COPY OF PROPOSED CHARTER AMENDMENT NO. 2 RELATED TO THE INDEPENDENT AUDITOR GENERAL TO THE OVERSIGHT BOARD AND THE STATE COMPTROLLER GENERAL. [Note for the Record: The City Attorney stated that Charter Amendment No. 2 related to the Independent Auditor General was being modified to read: "Oversight of the City's audits, accounting systems, budget legislative analysis," etcetera. 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: Mr. City Attorney, anything else on that particular issue? Mr. Vilarello: Yes. I need to delete one word from the question. I don't believe it changes any of the intent. In the middle of the question it reads, "Now responsible for independent oversight of the City, how it functions." I need to remove the word "functions" and "audit" would be in plural form. Commissioner Sanchez: Where's that at? Mr. Vilarello: So, it would read, "Oversight of the City's audits, account systems, budget, legislative analysis," etcetera. Chairman Plummer: OK. Anybody else have any discussion on Auditor General? We'll now go on to the next issue. The one... Commissioner Teele: Can you give me a copy of the ballot question, please? I seem to not have focused. Chairman Plummer: The one issue that turned into four. 360 July 27, 1999 73 =£DISCUSSION: CHARTER AMENDMENTS - CITY -OWNED ,PROPERTIES. — NON" WATERFRONT, VALUE-_ $500,000 OR LESS — 7,500 SQUARE FEET OR.LESS - UNIFIED. DEVELOPMENT PROJECTS — COUNTY DELINQUENT TAX LAND PROPERTY. Chairman Plummer: The one issue that turned into four. Mr. Alejandro Vilarello (City Attorney): Are we talking about Commissioner Teele's request? He asked that I read the question. Chairman Plummer: Oh, I thought he asked for a copy. Commissioner Teele: Just a copy. Mr. Vilarello: You should have it in your package. Chairman Plummer: With the permission of my colleagues, once we're finished with this, I'm going to deviate and go to Zoning first because I think that's what most of the people are here for, and we'll come back to the regular agenda, with the exception of Gusman, which I held out until we had a full Commission. Will somebody give Commissioner Teele a copy, and let's go on to the next issue. Mr. Vilarello: Last Tuesday, the City Commission gave me a directive to incorporate the language of the Charter Review Committee with regard to the Disposition of City Property into one ballot question. However, when we got back to the office and worked on this item, the issues that were forwarded by the Charter Review Committee required that the questions be broken up into, at least, three different ballot questions. It was additionally broken up to a fourth ballot question to try to separate some of the issues and avoid confusion. The first Charter Amendment eliminates the requirement of a referendum before a proposed lease, sale or execution of a management agreement of non -waterfront City owned property, which may be consummated by the City Commission. Whether it's less than three proposals or offers received from perspective lessees and purchasers, if the appraised value of the property is five hundred thousand dollars ($500,000) or less, based on a property appraisal performed by a state certified appraiser. Chairman Plummer: All right. Break it out for us. Mr. Vilarello: That's item number one on your agenda. Item under the Disposition of City Property. That's the issue. Chairman Plummer: Are there four different segments to that? Mr. Vilarello: Do you want me to go through each question? The second issue would deal with... Commissioner Teele: Mr. Chairman, am I to understand then, what you're saying is, these are going to be four separate ballot questions? Chairman Plummer: Sir, what I understood was... Commissioner Teele: I was asking... Chairman Plummer: ...that we were going from three to seven. 361 July 27, 1999 Commissioner Teele: OK. Chairman Plummer: So, there are seven ballot questions, unless I stand corrected. The one was to turn into four. Commissioner Teele: OK. Chairman Plummer: And they will not -- will they be amendment three, four, five and six? Mr. Vilarello: They would be amendments three, four, five and six, yes. Chairman Plummer: Then the answer is yes, Mr. Teele. Commissioner Sanchez: Item number 2. Mr. Vilarello: Item two. Item 2 refers to the exemption from competitive bidding, the conveyance of -- I've written it as ,non -waterfront City owned property of seventy-five hundred square feet or less or non - buildable non -waterfront City owned property to an adjacent property owner. And authorize the City Commission to waive competitive bidding when extending existing leases, subject to fair market return based on two independent appraisals. The third question would require the City Manager to involve members of the public having expertise in the field of real estate development or related technical development or related technical areas and/or who reside within the vicinity of a proposed unified development project site; to provide input to the City Manager concerning a particular unified development project; and also allowed for a two -tiered process, where a request for qualifications could be considered prior to a request for proposal, and the last question exempts from competitive bidding in referendum requirements of Section 29B of the City Charter, the sale or lease of County delinquent tax land acquired by Miami -Dade County and conveyed to the City by the Board of County Commissioners under a Florida Statute, which allows for the County to deed those properties over to the City. Chairman Plummer: Number 3. Mr. Vilarello: Those are the four questions. Chairman Plummer: Am I to believe or do I recall that those are the ones that were proffered by the City? Mr. Vilarello: The Charter Review Committee incorporated all of the substantive issues that are identified in those four questions. Chairman Plummer: Who proffered that to the Charter Review? Did the City administration proffer that? Mr. Vilarello: Oh, I'm sorry. Yeah, the City administration, as well as members of the public, I believe, had input on that item. Chairman Plummer: Dena, in particular, in the department she recommends, didn't you have input here and make these recommendations? Ms. Dena Bianchino (Assistant City Manager): Yes, staff was heavily involved in this, sir. Chairman Plummer: And you're heavily in favor of what has just been written? 362 July 27, 1999 • • Ms. Bianchino: Yes, sir. Chairman Plummer: OK. That's what I was trying to get to. Vice Chairman Gort: If you all recall, one of my requests of the -- the committee request was to ask the City Manager to ask the administration, each one of the directors of the different departments, what changes they would like to see within the department, that they believe that could facilitate the business of the City of Miami. So, a lot of those changes you see here, as a matter of fact, with the exception of the Strong Mayor, all came from the administration. Chairman Plummer: Auditor General? Vice Chairman Gort: Yes, and Auditor General. That's an exception too. Chairman Plummer: Yeah. OK. All right. Mr. Teele. Commissioner Teele: Mr. Chairman, you've established on the record that the management is in support of these changes. Could -- Mr. Manager, would you query the director of Media Relations? Because it's my understanding that the Mayor has been very, very forceful on radio, over this past weekend, in the strongest of oppositions to one of the four. I'd like to know which one that is, please? And, apparently, it's viewed as being a land giveaway for developers. And, Mr. Attorney, I mentioned that to you that I understood that the Mayor was against one of them. Do you know which one he's against or did you hear him on any of them? I know you speak Spanish, don't you? Mr. Vilarello: Yes, sir, I do speak Spanish. No, the only -- I only did hear one comment with regard to the five hundred thousand dollar ($500,000) exemption. Commissioner Teele: Was the Mayor in favor of it or was he opposed to it? Mr. Vilarello: My understanding was, he was opposed to it. Commissioner Teele: But you heard it or somebody... Mr. Vilarello: Yes, sir, I heard it, sir. Commissioner Teele: Well, what you mean, your understanding? Mr. Vilarello: Oh, it was because I did not hear his whole program. I have no idea... Commissioner Teele: But he was -- he was what? Mr. Vilarello: When he spoke on that item, he indicated he was in opposition to it. Commissioner Teele: Was it in strong opposition or nice opposition? Mr. Vilarello: You should -- with regard to that, Commissioner, you should ask the Mayor. Commissioner Teele: Say again. 363 July 27, 1999 • 1 i Mr. Vilarello: You should ask the Mayor. Commissioner Teele: I mean -- but was he forceful or was he just sort of saying... Mr. Vilarello: The Mayor was speaking with regard to that issue and was in opposition to it. He wasn't being forceful. He was having a conversation with the... Commissioner Teele: Was it being characterized as a land giveaway or something of that nature? Mr. Vilarello: Commissioner, he was generally in opposition to the changes. Commissioner Teele: Well I, want to be on record as being opposed to putting it on the ballot, whichever one he's speaking -- the one you're -- please, identify that for me. Because, I think, the last thing we need is to get a lot of miss -- to get a lot of perceptions out here... Vice Chairman Gort: Mr. Teele? Commissioner Teele: ...that we're giving away something to anybody at this time. Mr. Vilarello: Commissioner, I certainly don't speak for the Mayor on these issues. Commissioner Teele: I don't mean to imply that you are and I certainly would apologize to you or to -- I would apologize to you for putting you in that position, I mean, but you're the City Attorney and I'm just merely asking you to make sure that we don't put something on here that the Mayor's strongly opposed to. Mr. Vilarello: I have not personally had a conversation with the Mayor with regard to any of these items, so... Commissioner Teele: Well, you didn't tell me. I'm telling you that several people called me and told me that they understood that the Mayor was on radio in opposition to one of them, and asked me had I given this any consideration. Chairman Plummer: My recommendation to the City Attorney, quit listening to the radio. Mr. Vilarello: For the record, it wasn't the radio. Vice Chairman Gort: Commissioner? Commissioner Teele: Mr. Manager, do you know which one the Mayor is speaking -- I see the Media Director here now. Mr. Donald Warshaw (City Manager): He said he's not aware of it, Commissioner. Vice Chairman Gort: Commissioner Teele? Commissioner Teele: Please. Vice Chairman Gort: If you yield, this is one item that, when it was brought up to us by the administration, there was a lot of discussion on it. Some of the individuals felt there shouldn't be any limit and some of us felt there should be a limit in order to get the trust. We asked this department to go and look at all the 364 July 27, 1999 • properties that the City of Miami had and they had -- they came back to us telling us all the properties within the range of five hundred thousand dollars ($500,000), less than five hundred thousand dollars ($500,000), less than two hundred and fifty thousand dollars ($250,000). Some of the committee members felt that the limit should be five hundred or two fifty. Whatever was more palatable to this Commission in order to get this approved. Chairman Plummer: All right. Is there any further discussion? Mr. Teele, you were pursuing wanting to take portion out. Have you relinquished on that point? Commissioner Teele: No. Mr. Chairman. Chairman Plummer: Since it obviously cannot be identified. Commissioner Teele: As it relates to the four items, do any of them refer -- allow for the disposal of waterfront land? You know, the miscellaneous lot piece. What is that, the non -developable lot? Is there a section in there on non -developable lots? Mr. Vilarello: Yes. Commissioner, on item that I propose as Charter Amendment Number Four, the Charter Review Committee's recommendation included a recommendation that the property that is seventy-five hundred square feet or less or non -buildable City -owned property would be able to go to adjacent property owners. That did not have the non -waterfront language in there. However, in my memorandum -- in my Executive Summary to the City Commission, I had suggested non -waterfront property be incorporated. So, that is different than what came forward from the Charter Review Committee. Commissioner Teele: You had suggested that non -waterfront property what? Mr. Vilarello: Be addition... Vice Chairman Gort: Be added to this. Mr. Vilarello: Be added to the question. Commissioner Teele: That's -- I would so move, Mr. Chairman. Commissioner Sanchez: Second. Chairman Plummer: Make your motion. Commissioner Teele: I would move that the language that relates to non -buildable be limited to non - waterfront language -- non -waterfront property. Commissioner Sanchez: Second. Chairman Plummer: There's a motion and seconded. Mr. City Attorney, you understand what he's saying? Mr. Vilarello: Yes, sir. Chairman Plummer: That's number three or number four? Vice Chairman Gort: That was number four. 365 July 27, 1999 Mr. Vilarello: That was question number four, as I have written it. Chairman Plummer: All right. Call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-593 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 4 RELATED TO CONVEYANCE OF CITY-WONED PROPERTY TO AN ADJACENT PROPERTY OWNER WHEN THE SUBJECT PROPERTY IS 7,500 SQUARE FEET OR LESS OR WHEN SAID PROPERTY IS NOT BUILDABLE BY LIMITING SAME TO NON - WATERFRONT PROPERTY. 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: Mr. Ricker, did I supersede you by taking the vote? Mr. Daniel Ricker: Not the first time, but yes. Chairman Plummer: Well, I apologize, sir. Mr. Ricker: All right Chairman Plummer: Go ahead, please. Mr. Ricker: No. I just want to say, as far as the environmental community, I absolutely agree with Commissioner Teele in his comments about the waterfront property. The Sierra Club, and many of the environmentalists, absolutely are committed to the fact that we hope to have these properties as part of the park parcel, etcetera, etcetera, and to try to maneuver something where we negate some of the previous restrictions, via a vote even to overturn that, we feel, would be very inappropriate. But I am in favor of limiting this. Thank you very much. Chairman Plummer: OK. Commissioner Teele: Mr. Chairman, and the final query will be on the properties relating to a value of 366 July 27, 1999 • • under five hundred thousand dollars ($500,000)? That's a separate section, is that correct? Mr. Vilarello: That's a separate question... Vice Chairman Gort: That's number three. Mr. Vilarello: ...identified as number three. Commissioner Teele: Does that relate to non -waterfront property? Vice Chairman Gort: Yes. Commissioner Teele: Does it relate to waterfront property too? Commissioner Sanchez: Not item one. Mr. Vilarello: It eliminates a referendum requirement of non -waterfront City -owned property. Commissioner Teele: And that referendum requirement is affectionately known as the Carollo Amendment? Is that the Carollo Amendment? Vice Chairman Gort: No. Commissioner Regalado: Yes, it is. Commissioner Teele: I think it is. Commissioner Regalado: Yes, it is. Dates back to Watson. Commissioner Teele: Huh? Commissioner Regalado: It dates back to Watson. Commissioner Teele: That was on Watson Island when that amendment went through. Mr. Vilarello: Commissioner, just to make sure that it's clear, perhaps -- I thought I understood what I was saying to you. I don't know if it came out exactly the right way. The exemption is for property, which is appraised at less than five hundred thousand dollars ($500,000). It is a complete and total exemption from the referendum requirements currently required by the City Charter. There is not an exemption from waterfront property. Chairman Plummer: All right. Are there any other questions relating to property? Commissioner Teele: So, it does relate to waterfront property? Mr. Vilarello: Yes, sir, it does. Commissioner Teele: Well, for the purpose of seeing where the Commission stands, I would very much move that the word "non -waterfront" -- that it not apply to waterfront property. 367 July 27, 1999 Chairman Plummer: Is that a motion? Commissioner Teele: I would so move. Chairman Plummer: Is there a second? Commissioner Sanchez: And that's item one? Are we not -- which item is that? Commissioner Teele: Which of the four items is that? Chairman Plummer: This would be item number three. Mr. Vilarello: That's item number three. Commissioner Sanchez: Three? Chairman Plummer: Yes. Ms. Dena Bianchino (Assistant City Manager): Mr. Chairman? Chairman Plummer: Excuse me. Is there a second? Vice Chairman Gort: Yeah, I would second. Yes. Chairman Plummer: Is there a second? Vice Chairman Gort: I'll second, yes. Chairman Plummer: All right. There is now a second. Dena. Ms. Bianchino: The only comment I would care to make on this is, I understand the issue of Bayfront properties and valuable properties that we have. There are, however, some properties that we own on the Miami River that are very -- fit under the under five hundred thousand that we're not going to get three bids on, and I would suggest that there would be some way to allow those to... Commissioner Sanchez: Yeah. Ms. Bianchino: ...not fall under the waterfront because we won't be able to deal with them and go to a referendum. They're small, little parcels. Commissioner Sanchez: Can we make a motion or a friendly amendment to waive riverfront property? Ms. Bianchino: That would be up to you? Chairman Plummer: Well, either that or at least provide for a waiver. Commissioner Sanchez: A waiver of -- well, I move to waive riverfront property not be implemented in this... Chairman Plummer: Well, you give the Commission the opportunity, if you don't get any bids, to waive -- 368 July 27, 1999 Mr. City Attorney, what do you recommend? Mr. Vilarello: I'm listening to what the City Commission wants to do right now. Chairman Plummer: Well, you heard what Commissioner Sanchez said and you heard what Dena said, that there are some properties that wouldn't fall under that, given history. And what we're trying to do is to make a provision so that they don't get stone walled and we wind up with all of these properties all over the City that you can't sell, you can't get rid of, and it's nothing but a maintenance problem. Mr. Vilarello: The City Charter... Chairman Plummer: Like the hundreds and hundreds of properties that Dade County owns called CLUC (County Land Usage Code) Nines. Ms. Bianchino: Ninety. Chairman Plummer: No taxes, no nothing. Just a maintenance problem. Mr. Vilarello: The City Charter does not now distinguish waterfront property, whether it's on the river, the bay or a lake of the City. If you wish to make a distinction in the City Charter for -- I certainly can draft language to that effect. Commissioner Teele: Well, I certainly think we could have an exemption for the Miami Riverfront properties. I sort of look at Mr. Martin, who was here a minute ago. He's the president of the Civic Association on the north side of the river. I notice the river has two sides to it, north and the... Vice Chairman Gort: North and south. Commissioner Teele: ...south side. But, I certainly have no objection to an exception for -- with the exception of properties -- with the exception of waterfront properties on the Miami River, if that's what the staff is saying. Mr. Martin, you were out but just so that you know, the staff is saying that there are a number of properties along the Miami River that are City owned, that are very small, that they would like to dispose of in a commercial way and... Chairman Plummer: But Mr. Teele, don't you have other properties beside the Miami River on seventy... Commissioner Teele: Well, all we're talking about is waterfront. Chairman Plummer: I'm talking about waterfront, up on the 78th Street. Commissioner Teele: But that would be on the bay. Vice Chairman Gort: No. Chainnan Plummer: No, sir. No, sir. I'm talking about... Commissioner Teele: What's that, the Little River H? Chairman Plummer: The Little River that goes all the way back into the railroad tracks, that I'm very much aware of. 369 July 27, 1999 Vice Chairman Gort: I don't think we have any property there. Chairman Plummer: I don't know if we have property or not there. I don't know that. Ms. Bianchino: If I could just clarify. The only thing that this does is do away with the referendum requirement. We would still require bids on a competitive basis and it would be based... Commissioner Teele: Yeah. But see, my issue is, that referendum was put in by Mayor Carollo. That was his Carollo Amendment, and I am certainly not interested in undermining -- there's enough on the ballot that he will be concerned about. I'm not interested in now undoing his legacy. His positive legacy, that is. So, I was just wondering, Mr. Martin, were you aware of property on the Miami River that we need to provide an exemption for, that the City owns, that we ought to try to get rid of fast? This would afford the ability of the City to dispose of it in a way commercial disposition, without having three bids. Mr. Ernie Martin: I'm Ernie Martin, the President of Spring Garden Civic Association. Also, on the Greenways Committee of the Miami River Commission, and Levina Battle (phonetic) is with me from the Trust for Public Land. We have done an inventory of all the City -owned property and we haven't really determined yet or begun any conversations with the City to see what, if any, might be appropriate for use as a greenway along the river. Commissioner Teele: Oh. So, you all are looking at it for greenway? You all want to build a greenway along the river? Mr. Martin: Yes. Commissioner Teele: Oh. Well, I don't want to dispose of it. Chairman Plummer: All right. Where are we? Commissioner Teele: Mr. Chairman, I have a motion, that is seconded, that would provide a -- that this resolution or this referendum would relate to non -waterfront property. Commissioner Regalado: Non -waterfront. That's what you... Commissioner Teele: Non -waterfront property. Commissioner Regalado: I agree. Chairman Plummer: Dena. Ms. Bianchino: It's really a policy decision of the Commission. Chairman Plummer: Well -- but I'm saying, does it accomplish what you need to accomplish for those properties that would not come under what we're looking at as the norm? Ms. Bianchino: I think there are a couple properties that are on the river that we may want to develop as part of the whole Lumus Park redevelopment area. And all this does, if we exclude the river, is enable us to go out for a competitive bidding process, fair market value. It just does away with the referendum requirement, which is very onerous for someone under five hundred thousand dollars ($500,000). 370 July 27, 1999 Commissioner Regalado: But, Mr. Chairman... Ms. Bianchino: But I don't know how... Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Mr. Gort. Vice Chairman Gort: I understand -- my understanding is, and correct me if I'm wrong, the only property we talked about is between Flagler and Northwest 5th Street. I think we have one parcel -- two parcels that we discussed about. And I can tell you, I think with the progress that it's taken within the City, I think the -- you will get three bids for that property. I don't think there will be any problem because that property -- all that area there is being redeveloped. So, I don't think you'll have any problem in getting three people to bid on that. Commissioner Sanchez: I mean, if the administration is telling us there is a concern, I think we should take that seriously. I mean... Chairman Plummer: That's why I keep asking. Commissioner Sanchez: If we could somehow, stipulating everything that Dena has said here, if we could just throw in a friendly amendment where we don't include riverfront property, and we could come to an agreement -- because I am very concerned with what she's saying, that we might have properties that don't fall under that status and we're going to end up having to, you know, eat that property up. So, I do have a concern on that and I think we should focus on, especially with the development that we're planning on for the river that's coming up, and that's probably some of the good things that, in the long run, will develop. Commissioner Regalado: Mr. Chairman? Mr. Chairman? Ms. Bianchino: It may be positive... Chairman Plummer: Dena, excuse me. Mr. Regalado. Commissioner Regalado: I am very uncomfortable with this waiver and the way that we're going to place it, if we are trying to have a simple ballot, if we are trying to explain to the people -- you cannot say to the people, "Look, we're going to try to sell part of the Miami River, but we don't want to sell part of the bay." But if you tell us, we can probably waive some selling in the Miami River or in the bay in the fiiture, that depends if the City needs money or not. I mean, this property have been there for years and years, and we get so many properties that have this problem throughout the City, where the blight and problems are the main course of the dinner. I would not -- I would ask the Commission not to waive any waterfront property. None. Any. Because that's the way that it will go simple in the ballot. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I take note of my colleagues, Commissioner Regalado, view. But I want to be very clear on the record. I believe that, given the tremendous opportunity to demagogue property -- see, we're sitting here looking at this thing now as directors of a corporation, but we also have to understand that the 371 July 27, 1999 shareholders of this company are going to vote on it, and the shareholders may not see this issue the way we see it. Most people in the City of Miami and throughout this County have voted overwhelmingly to preserved open space, to preserve park land, to preserve government -owned property. Particularly, when it's waterfront. If we were a City trapped, land lock, we wouldn't have this problem, but we are blessed by being on rivers, bays and even -- on Key Biscayne, we're on the Atlantic Ocean. Given the fact that "The Miami Herald" editorial board has already editorialized against this one provision when it was on the ballot before, given the fact that the Sierra Club has already said and announced their strong opposition to this, I think we're now beginning to lick the plate as it relates to changes. We need to just finish our menu here and leave something on the plate. I think we ought to either leave this on the plate and leave it alone or we ought to carve out a big exemption, an exception for all waterfront property. Because, remember, the waterfront property referendum requirement that the staff is complaining about, that requirement was put on the ballot by Commissioner Carollo, who is now Mayor, and it really is a very strong public issue where people don't want waterfront developed unless there's three bids and there's -- or if it's less than three bids, there's a referendum, and that was my recollection. Commissioner Plummer, you were here. The voters had voted on it. Now, I don't necessarily agree with the voters on that issue. I think the management is right, it makes it very difficult. But let's be -- let's understand now, the broader, overarching issue is, if there is one thing on this ballot that somebody can ignite, it's going to be this and if they can ignite this, they will -- it will begin to spread. And I just ask you to be very cautious in how far we go on this issue because I really do believe that this could be one of the issues that you get -- you know, you've got a base of people out here now. The last referendum that was on the ballot, other than the Arena, was a park bond issue. How much money was that? Mr. Martin: Two hundred million. Commissioner Regalado: Two hundred... Commissioner Teele: Two hundred million. Commissioner Regalado: Two hundred. Commissioner Teele: The voters approved it. Two hundred million. That was just two years ago -- three -- two and a half years ago. The voters approved a park bond referendum, two years ago because they really care about land. And, so, I think we need to be very careful when we start talking about disposing of land and, particularly, disposing of City -owned land. So, whatever the Commission will do, I will vote with you, but I reserve the right to just continue to say, I think we ought to pull this one off the ballot. Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Mr. Warshaw. Mr. Warshaw: Commissioners, this is not a major issue for the administration. Most of our experience with properties where we've been unable to get three bids has been non -waterfront property. What we did is, there are a few small parcels on the Miami River, very small. Some of them are not even buildable. However, we thought that they might be buildable in some small sense, so we put them on as part of this because, in the event we didn't get three bids, we'd have to go through a very complicated, comprehensive referendum process, but it's not a major issue for us. Most of the parcels we're talking about are non - waterfront property, and I think it would be in our best interest on those, for certain, to forego referendum if we couldn't get three bids. Commissioner Regalado: I mean, if we cannot build something, we could, maybe when we have money, 372 July 27, 1999 • 0 could build a park. Maybe we could incorporate it into a major walkway or something. I really think that this Commission should not change the wording in any... Chairman Plummer: Make a motion. Vice Chairman Gort: The motion... Commissioner Regalado: My motion is to... Vice Chairman Gort: Excuse me. There's a motion on the floor, is my understanding. Chairman Plummer: What is the motion on the floor? Commissioner Regalado: Oh, OK. Commissioner Teele: Discussion. Vice Chairman Gort: The motion is -- go ahead. Chairman Plummer: Madam Clerk, read me the motion, since nobody else wants to. Who made it, who seconded it, and what is the motion? Ms. Maria J. Argudin (Assistant City Clerk): Commissioner Teele made a motion proposing that question number three only apply to non -waterfront property. Commissioner Teele: And Commissioner Sanchez' second. Commissioner Sanchez: And I second. Commissioner Regalado: That would be my motion. Chairman Plummer: That's nice. All right. Any... Commissioner Sanchez: Call the question. Chairman Plummer: Any further discussion? Call the roll. This relates to item three or what is now been referred to as amendment three. Call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-594 A MOTION DIRECTING THE CITY ATTORNEY TO MODIFY PROPOSED CHARTER AMENDMENT NO. 3 RELATED TO CITY - OWNED NON -WATERFRONT PROPERTY VALUED AT $500,000 OR LESS TO PROVIDE THAT THIS ISSUE NOT APPLY TO WATERFRONT PROPERTY. 373 July 27, 1999 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. 1:,106RI IN ,[.St - Chairman Plummer: Anything else relating to property? Vice Chairman Gort: Four. Chairman Plummer: I'm sorry? Vice Chairman Gort: Item Four. Chairman Plummer: The next item is the item of Term Limits. Ms. Bianchino: No. Chairman Plummer: I'm sorry. Oh, wait a minute. Sorry. You want take up item four, individually? Mr. Vilarello: Amendment to question number four. Vice Chairman Gort: Amendment to question number four. Chairman Plummer: I asked in reference to property. Is that not part of the property. Mr. Vilarello: Well, there's four, five and six. Yes. Commissioner Teele: What's the issue? Mr. Vilarello: There's... Vice Chairman Gort: Four is the one we discussed before, where we talked about to place a cap into the property, any property under five hundred thousand dollars ($500,000). Part of the discussion is to... Ms. Bianchino: No, no. Vice Chairman Gort: This is what I have here. Commissioner Teele: This is crazy. Mr. Vilarello: Question number three, Commissioners, was the one that dealt with the five hundred 374 July 27, 1999 thousand dollar ($500,000) property, five hundred thousand dollars ($500,000) or less. Question number four relates to property, which is owned by the City, which is less than seventy-five hundred square feet or is non -buildable. As well as allowing the City Commission... Vice Chairman Gort: I stand corrected. Mr. Vilarello: The City to waive... Chairman Plummer: All right. Mr. Vilarello: ...competitive bidding when extending leases, subject to a fair market return... Vice Chairman Gort: I stand corrected. We're on three. Mr. Vilarello: ...based on two independent appraisers. Commissioner Teele: Is that non -waterfront? Mr. Vilarello: That -- you've, in fact, passed a motion to make sure that that relates to non -waterfront property. Chairman Plummer: All right. Are there any changes to that? Are there any corrections? Any further discussion? Mr. Vilarello: Well, I would like to bring that back, that language. It was a modification of that language to question number... Chairman Plummer: How are you going to bring all this back tonight? Mr. Vilarello: As we're working, I have members of my staff making these corrections. I will do the best that I can to bring it back before you. Chairman Plummer: OK. I can see another meeting coming. Commissioner Teele: No. Chairman Plummer: OK. Vice Chairman Gort: Why not? Chairman Plummer: OK. Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227, 26 (unintelligible) Referring to the City properties. At the meeting in Allapattah, the committee, I spoke, and I say -- I said to put a restriction on the deed. When the City sells the property, that whoever buy the property got so much time to do either housing or something. And then what happened -- because that's what happened today, to the Miami Stadium. It's still sitting there, an eyesore. When the City -- you know what they could have done? That's my modest opinion -- they could have used the site of the Miami Stadium to build the GSA (General Services Administration), a new GSA for the City employees, the same one they have a new Riverside Building for the riverside place there, for the office building or the office workers. They could have a new GSA. And, then, sell all the land that they 375 July 27, 1999 got for the GSA there to Jackson and the VA (Veterans Association) Hospital because that's mostly medical territory there and use that. Because that property could have been sold years ago to Miami -Dade Medical Campus. They didn't sell it, and now what we got there, an eyesore. And the money's in the bank, yeah. The check's in the bank, but we got the problem there in the neighborhood because it was no restriction on the deed. The people used all the money to buy the property and nothing been done on the property. It started from the Rafael Hernandez Corporation. Nobody did anything. Chairman Plummer: Thank you, sir. Vice Chairman Gort: Mr. Mariano, for your information... Chairman Plummer: Mr. Gort. Vice Chairman Gort: ...I talked to Dena Bianchino and Dena Bianchino was informed of the situation. My understanding is, the staff is going to go to the people of the stadium. Make sure that they comply. They bring up the fences and so on, and they clean up the place. Mr. Cruz: Yeah. Vice Chairman Gort: That is something that we requested from them. Mr. Cruz: It's going on now already over year, two years now. Chairman Plummer: OK. Vice Chairman Gort: Now, part of the recommendation also is to put certain amendment that people will have to construct within a certain time. If not, the -- am I correct? Coining back with something like that. Mr. Cruz: And now is the Enterprise Zone there. Chairman Plummer: All right. Is there any other discussion on property? Mr. Vilarello: Yes, sir. Chairman Plummer: Mr. City Attorney. Mr. Vilarello: There's two remaining questions. The question that has been deemed amendment number five requires the City Manager to involve members of the public having expertise in the field of real estate development or technical development or related technical areas, who reside within the vicinity of a proposed unified development project, to provide input to the Manager concerning that particular unified development project. It further allows for a two-step process, where a unified development project can go forward with initially a request for qualifications and based on the individuals who are deemed qualified, followed by a request for proposal. Chairman Plummer: Anybody got a problem with that one? Hearing none, go to the next one. That's the only one we got over the hurdle. Mr. Vilarello: Finally, the last question refers to the waiver of the... Chairman Plummer: No? 376 July 27, 1999 Mr. Vilarello: ...or exemption from competitive... Ms. Bianchino: Didn't vote on it. Chairman Plummer: We're not voting on any of it until it comes... Mr. Vilarello: The exemption from the competitive bidding and referendum requirements of 29B, with regard to the sale or lease of County delinquent tax lands, which are acquired by the County and conveyed to the City. These are generally small properties, which are... Chairman Plummer: Is there any discussion or question -- now, is that in reference to the CLUC 90's? Ms. Bianchino: Yes, sir. Chairman Plummer: All right. Read it over to me again because that's something I've been fighting here for the last year and a half, two years. Mr. Vilarello: This amendment would exempt from competitive bidding and the referendum requirements of Charter provision 29B for the sale or lease of County delinquent tax lands acquired by the County and conveyed to the City under the provisions of the applicable Florida Statute. Simply allows us to dispose of that property which comes to us via, the County, because of delinquent tax sells. Chairman Plummer: Well -- but at this particular time, we haven't been able to get any of them, have we? Ms. Bianchino: The County actually has delayed conveying those properties to us because of the difficulty that we have in disposing of them, and they have, actually, held back on that. But they have... Chairman Plummer: I would assume they'd like to get rid of them. Ms. Bianchino: They would like to get rid of them. Chairman Plummer: And get them developed. Ms. Bianchino: And we see this as a... Chairman Plummer: OK. Is there any further discussion on that item? Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I would commend the management on bringing that matter forward because this is the single biggest problem in the inner City in redeveloping in the residential area. So, I appreciate it very much. Chairman Plummer: OK. That ends the property area. 377 July 27, 1999 74. DIRECT ATTORNEY TO DRAFT CHARTER AMENDMENT TO ;LIMIT, TERMS OF STRONG MAYOR AND COMMISSIONERS: Chairman Plummer: Now we go into term limits. Mr. Alejandro Vilarello (City Attorney): Commissioner, although this City Commission did not adopt a resolution requiring me -- directing me to prepare the ballot language, I do have members of my staff working on that language. I assume that you eventually would get to such a resolution. Commissioner Teele: Mr. Chairman, the question is this. Chairman Plummer: Mr. Teele. Commissioner Teele: The question is this. We discussed it earlier this morning. OK. Three of us believe that the term limit is good for both the Mayor and the Commission? Chairman Plummer: That's the question. Commissioner Teele: That's the question. Not the Mayor or not the Commission. Because the way this could go forward would be as a ballot question relating to both. We have taken it out as it relates to the Mayor because, obviously, it's not fair or it would be viewed as being, not being fair to do it for the Commission. And, so, I would yield to anyone who would move the item because I think it's an important issue that we decide as a policy matter, whether there are three of us who are prepared to impose term limits. The only thing that I would ask the attorney to say that, if we impose term limits, they would commence -- term limits would begin, as it relates to the Mayor and the Commission, on the 2001 ballot, OK? So -- no, no, no. Listen. So, anyone who runs -- if they were to be an election for Mayor in March, that election would not apply against the term limit. That 18 months. Commissioner Regalado: Because it's not a full term. Commissioner Teele: Because it's not a full term. If anybody is on the ballot as of November, that is, the Commissioners that are on the ballot in November, it would not count against their term because they would have not been elected with term limits. It would apply to me and it would apply to Commissioner Sanchez' seats first. That is, in two years. Chairman Plummer: This Commissioner doesn't care. I just hope to be alive for that long. Mr. Vilarello: The term limit would -- Commissioner Teele? Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: My concern was, if we were to implement term limits on the Strong Mayor, I felt that we should also implement it on the Commissioners. Vice Chairman Gort: Right. 378 July 27, 1999 • Commissioner Sanchez: And I strongly feel, and will make the move, that the Strong Mayor should have term limits, just like every Commissioner up here should have term limits, because what it does is, it gives you the opportunity to represent this community for eight years and, then, it opens up the door for other people in this community, who are eager to serve and make great sacrifices for this community, to have the opportunity to be an elected official. Chairman Plummer: Make your motion. Commissioner Sanchez: My motion is that both the Strong Mayor and Commissioners would, should have term limits of eight years. Commissioner Regalado: Commencing? Commissioner Sanchez: Commencing the year 2001. Commissioner Teele: Second the motion. Chairman Plummer: OK. Any further discussion? Hearing none, call the roll. [COMMENTS MADE DURING ROLL CALL] Vice Chairman Gort: This will be to take to the voters, right? Yes. Chairman Plummer: Wait a minute. Excuse me. I'm voting yes, but hold on. Mr. City Attorney had... Mr. Vilarello: Procedurally, you need to first pass a resolution directing me to draft the language. Chairman Plummer: That's what we're doing. Commissioner Sanchez: That's what we're doing. Mr. Vilarello: Yes, sir. OK. Thank you. Chairman Plummer: I think. OK. Mr. Vilarello: This is a resolution, then... Commissioner Teele: Commissioner Plummer. Chairman Plummer: OK. So, this is a resolution telling you to draft that which we just passed? Commissioner Teele: Did Plummer vote? Ms. Argudin: Chairman Plummer? Chairman Plummer: Yes. Ms. Argudin: I need your vote. Chairman Plummer: I voted yes. OK. 379 July 27, 1999 • The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-595 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. 7, 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 THAT THE MAYOR AND EACH CITY COMMISSIONER SHALL NOT SERVE MORE THAN TWO (2) CONSECUTIVE FULL TERMS IN OFFICE, EFFECTIVE WITH THE ELECTION OF NOVEMBER 2001. (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. Mr. Vilarello: So that the record procedurally is clear, I will bring back a resolution that you will then vote on. If that resolution is adopted, that will be placed on the ballot. Commissioner Sanchez: Understood, City Attorney. Chairman Plummer: OK. I think that takes care of it. You've got your work cut out for you. 75. CONSIDER OPERATING 'AGREEMENT . WITII ' MIAMI-DADS CULTURAL AFFAIRS COUNCIL TO ENSURE VITALITY OF GUSMAN CENTER OF PERFORMING ARTS (HALL). Chairman Plummer: We'll now go to Guzman Center. Mr. Clark Cook. Mr. Clark Cook: Mr. Chairman, my name is Clark Cook. I'm the Executive Director for Miami Parking System. My address is 190 Northeast 3rd Street. I'm here this morning to ask the Commission's permission to... Chairman Plummer: This morning? 380 July 27, 1999 Mr. Cook: This afternoon. Seems like this morning. Vice Chairman Gort: Finish you speech. Mr. Cook: This afternoon to ask the Commission's approval to a resolution that the Friends of Guzman have prepared, that would allow the City Manager and I to negotiate a contract with the County, for the County Cultural Affairs for the Cultural Affairs Council of the County to manage Gusman, with an understanding that, by doing that, they will go out and acquire the three point nine million dollars ($3,900,000), which is authorized under the existing cultural funds for us. They also will use those funds to escalate actually, at five million. Get two extra million from the State. And they will hire an Executive Director and their City will be required to spend the hundred sixty-five thousand a year that we have estimated that it will cost to run a rental theater, and that the County will put the additional money up. The County staff has stated, including Mr. Durham, if the City Commission asked him to do that, he would do that. It would help us maintain Gusman. Absolutely imperative that we obtain this three point nine million for Gusman to exist in capital improvements. Chairman Plummer: Mr. Gusman, would you like to speak, sir? Mr. Bobbie Gusman: I think Mr. Cook, basically, covered everything. I'd just like to acknowledge some people that are here with our board, with the Friends of Gusman. Arva Moore, Parks McCade could not make it today. She's out of town. But she was here the other day. Paul Thompson and Rosario Kennedy. Again... Vice Chairman Gort: Name and address for the record, please. Mr. Gusman: Oh. Bobbie Guzman, 25 Southeast 2nd Avenue, Miami. Chairman Plummer: Do either of the other parties wish to have any comment? Mr. Gusman: Thank you. Unidentified Speaker: No. We learn from you, quit while you're ahead. Chairman Plummer: Yeah, quit while you're ahead. All right. Vice Chairman Gort: I have a question. Chairman Plummer: Question. Mr. Gort. Vice Chairman Gort: My understanding is, what you're saying is, we'll have a deficit of a hundred and sixty-five thousand dollars ($165,000), according to your calculations? Mr. Cook: According to calcula... Vice Chairman Gort: OK. Mr. Cook. We made our deficit this year with no problem, which was a hundred and eighty thousand. Next year we'll -- the costs to run the theater as a rental hall only will be a hundred sixty-five thousand dollars ($165,000) deficit. 381 July 27, 1999 Vice Chairman Gort: In the meantime, are you all going to try to come up with some kind of a plan where that could be utilized as a theater or... Mr. Cook: Absolutely. Commissioner... Vice Chairman Gort: That -- you would not abandon the idea to bringing it back to... Mr. Cook: Absolutely. This theater -- the suggestion we've made to you will give the citizens -- the downtown people, will guarantee them that the theater will be open. It will guarantee them that the theater will be, repaired and if, at any time, this Commission doesn't like the way that theater is being run, you can request to have it back. Vice Chairman Gort: Well, I think we should try to maximize on the theater. I think it's a beautiful theater and we should maximize on it. Mr. Cook: Absolutely. Vice Chairman Gort: Now, my second question is, the hundred and sixty-five thousand dollar ($165,000) deficit you talked about, in the past I know you've went to Friends of Gusman and many other organizations within the City of Miami, they were willing to contribute to this deficit. Is that still, is that part of the hundred and sixty-five or that can be deducted from one sixty-five? Mr. Cook: No. The hundred and sixty-five thousand is the budget, deficit budget that I gave the City Manager. I gave the City Manager two deficit budgets. I gave him one budget that says, if you would tell me to hire if the Commission tells me to hire an Executive Director and run this like a cultural center, you will have a deficit of four hundred and twelve thousand dollars ($412,000). If you tell me to run it as a rental hall, as we have done the last two years, it will be a hundred and sixty-five thousand. Obviously, either way. The City, the County staff says, pay us a hundred sixty-five. We'll put up the extra two fifty and hire an Executive Director. We will have production plays. We will take risks, like you have to, as you well know when you have that type of situation. They have committed to, the County Manager has committed he will support that. I believe that he will. And I believe that this will give us the opportunity to bring Gusman back up. But, more importantly, Commissioner, what it gives us is a three, a shot at the three point nine million, which we've got to have. Vice Chairman Gort: Look, I understand that. But I want to make sure we clarify all this because a lot of questions come up. What you're saying is, then, we also go into an agreement with the County, where the County will manager and will take part of the deficit to run it as a Performance Art Center? Mr. Cook: That's correct. I think we're saying the same thing. Vice Chairman Gort: If this -- would it take -- when will that commence? Mr. Gusman: As soon as y'all say yes. Vice Chairman Gort: As soon as we make a decision... Mr. Cook: As soon as you tell me to negotiate the contract. Vice Chairman Gort: In other words, a rental hall and a performance center could become, it will come 382 July 27, 1999 aboard right away? Mr. Cook: Yes. Vice Chairman Gort: OK. Mr. Cook: I have to negotiate the contract. Vice Chairman Gort: My also, my other... Chairman Plummer: All right. Vice Chairman Gort: ...question was, the hundred and sixty-five could be covered by the other agencies or other groups that said they would contribute to this? Would that reduce the hundred and sixty-five? Mr. Cook: I don't, the Friends of Gusman do -- I'll let Bobbie speak for the Friends of Gusman, but I don't believe they have that kind of money. I believe... Vice Chairman Gort: No, I understand. But my understanding -- my understanding is... Mr. Cook: I believe the hundred and sixty-five will have to come from the City. Vice Chairman Gort: But my understanding is, some money might be raised by the Friends of Gusman. Some money, and some commitment were made in the past by DDA (Downtown Development Authority); some commitment, I think, were made by Off -Street Parking. Mr. Cook: I think he's correct. Say yes. Mr. Gusman: Absolutely. Mr. Cook: Absolutely. Vice Chairman Gort: ...which alleviate the City's... Mr. Cook: We -- same arrangement. We agree. Chairman Plummer: Now, my question. Is it written in a three-year term? Mr. Cook: No, sir. But your -- you're the Chairman. If this Commission tells me to do a three-year term, that's what I plan to do. Chairman Plummer: Well, let me ask you. Is the three-year term reasonable? Mr. Cook: Bobbie and I believe so. Mr. Gusman: I believe so, yes. Chairman Plummer: OK. All right. Then, I would think that that should be -- there should be an Amen, whether it's two years, three years, four years. But I think there should be an Amen. 383 . July 27, 1999 • Mr. Cook: We may find... Chairman Plummer: All right. Mr. Cook: I believe... Chairman Plummer: Do you have a resolution? Mr. Cook: Resolution, Mr. Attorney? Mr. Attorney, would you read... Chairman Plummer: Mr. City Attorney. Commissioner Teele: Well, Mr. Chairman, there are a few other people here, other than yourself. Chairman Plummer: Oh, I'm sorry, sir. Nobody else... Commissioner Teele: I mean, you -- no, you've been having a discussion. That's fine. But don't start asking for the resolution now because you're ready to vote. Chairman Plurmner: No, sir. ,It's not I'm ready to vote. I'm asking, is there a resolution? Commissioner Teele: All right. Well, I'm going to weigh in on this because, see, I wasn't here when the City gave away Vizcaya. I wasn't here when the City gave away the Port. I wasn't here when the City gave away Water and Sewer Department. And the fact of the matter is, I'm here now. I have a tremendous amount of respect for the Gusman family and the fact that you're here, sir, I am really willing to try to lean your way, because you are the citizen who put us in this position. But notwithstanding that, we are the board of directors and this City has done a tremendous job of giving away every great asset that we've ever had to the County, and if you stand around long enough, you'll see a proposal to give away the land there on Bicentennial Park and to give away the Knight Center, because those are things that the City and the County are ready to talk about giving away. Now, this is where I am on this thing. The Downtown Development Association, the DDA, needs to come back to us with you all and say, this is good and there are no other options. Because I really do believe that the City has not given the Guzman the kind of priority that it should have. This facility is the crown jewel of downtown. It's hard for me to imagine downtown Miami without the Gusman. Mr. Gusman: Absolutely. Commissioner Teele: And from my vantage point, if there is no other option, absolutely no other option -- and that's what you're recommending, Mr. Guzman -- I'll go along with it. But what I'm suggesting is this. I would like a one-year deal first, and I would like for you all to negotiate, not only with the County, but with the DDA, to see if there's a way we can do it. See, this is where we're not thinking smart. We just said we're going to raise taxes. We just said we're going to put out a parking surcharge, all right. The parking surcharge is going to be paid -- pick a number -- 60 percent, 70 percent, from downtown. And what is downtown going to get for this? And, Commissioner Gort, I wish you wouldn't leave for this moment because you're the Chairman of the DDA. I know you have a... Vice Chairman Gort: I'm listening. Commissioner Teele: But I really want you to hear this. We're going to hit downtown business owners -- and I'm voting for it, OK? I don't want anybody to think I'm talking both sides -- for a parking surcharge, 384 July 27, 1999 citywide. And about 60 to 70 percent of that is going to be paid from the downtown business people. But what are we giving back to downtown for that? You see what I'm saying? Oh, it's going to drop into that bottomless hole, that black hole of municipal government called the budget and you'll never see it again. And my position, I'm saying it right here and now for the benefit of the Chairman of the DDA and the Commissioner, who represents the downtown area, that I believe that, if we do the parking surcharge, we ought to take a percentage of that money, working with the DDA, because it's coming from downtown, and match it towards the Gusman. And let me tell you why. The money that you all are all out here begging and hoping you're going to get, called the Performing Arts Center Trust money, do you know where that money is coming from largely? Mr. Cook: Yes, sir, I know where it's coming from. The three point nine million? Commissioner Teele: No. The total pot. Vice Chairman Gort: From us. Commissioner Teele: The total pot of money is coming from the City of Miami, because it's the Omni Tax District that is the fund -- the key funding source for that. So, just think about this, Commissioners, for a minute. We're taking our City tax base from Omni, along with the County's -- but, remember, our millage is 10. Last time I looked, there is six. So, we're contributing about 70 percent of the money to this pool. We, then, created this so-called bond deal, OK, for the County to go out and issue bonds and raise the money for the Performing Arts Center and the ancillary facilities. But we didn't take care of our own facility, the Gusman. We gave it to them. Now, we've got to go back and beg them for our money. Do you understand what I'm saying, Mr. Gusman? Mr. Gusman: I understand. Commissioner Teele: The point is this. That's City money. You're entitled to that. But we've given away that right already. We've already given them that, so it's covered under the bond covenant. My position is very simple. If the Performing Arts Center Trust can better manage this, if that's the issue, I would have no problems entering into a management agreement with them to better management, but if the issue is dollars and who's going to basically be in a position to provide those dollars to make this the crown facility of downtown Miami, I think we should step up to the plate. And I would be prepared, working through Commissioner Gort's office, as the DDA Chairman, and Commissioner Plummer, and the downtown business people, to look at how we could leverage and take some of those parking fees, if they would match them -- if the DDA of the downtown business community, that there's a tax increment district that I had them to set up in '82 for the Metro -Mover. That's going to expire in a year. That generates about two and a half million dollars ($2,500,000),1 believe. If they would be willing to extend that, we could work together to make this facility a great facility again. And I really think that we have the obligation to come forward with that. This City has been in a financial emergency, obviously. We've not been able to make the dollars available. But, I think, as we come out of this emergency, we have the obligation -- and I am very uncomfortable going into a three-year agreement with the Performing Arts Center over our money, until we've looked at all the other options. And I'll support you at the end of the day, Mr. Gusman, because we wouldn't have that facility were it not for your family. Mr. Gusman: Right. Well, I thank you for that. But, again, let me reassure everyone that's up here today that we're not asking to give this property to the County, at all. That's the first reassurement. We want to keep it in the City of Miami, obviously. So, we're not asking to keep it. The other thing that we're asking is, the County has the resources, as were the City of Miami, even though Mr. Cook and others have done very well managing the property and getting performances there, it's still not where the Gusman should be, as far 385 July 27, 1999 as entertainment, as far as what we're trying to do to revitalize downtown Miami, and we all know that's where we want to get with this whole thing. Again, we're not asking to give it to the County. We're asking the City to work with the County because we believe that the Cultural Affairs Council, and a few people there, have the resources that the City doesn't have, as where we could tap into, hopefully, some money. Chairman Plummer: Yeah. But tell them the other options, Mr. Cook. There were other options, just so you know. Listen to them. Mr. Cook: The County staff was very clear. If we were willing to fund the four hundred and twelve thousand deficit, they would support us for the three point nine million. Chairman Plummer: It came down because it was six hundred thousand. Mr. Cook: Well, that's -- actually, it was around four hundred and twelve thousand, is the budget I gave the City Manager. Commissioner Teele: Say that one more time. If the... Mr. Cook: If we were willing to fund -- the City Commission was willing to fund the full four hundred and twelve thousand dollar ($412,000.00) deficit, which it would require to operate Gusman with an Executive Director, to produce some extra shows, to take some risks on some shows, around four hundred and twelve thousand, they would support us for the three point nine. Chairman Plummer: Yeah, that was the outside option. And what I heard, originally, it was six hundred thousand. Mr. Cook: Yeah. And that was before we had done the budget, Commissioner. I don't want to mislead you at all there. The third thing is, I've told Commissioner Plummer, since this is his district, if this Commission gave me a direct order to go out and would only give me a hundred sixty-five thousand and say go get the three point nine million, that's what we're paying you for, I'll go up there and try. But I think it's difficult to do that with a Cultural Affairs Committee. My recommendation and recommendation of Friends of Gusman, that we proceed with the contract negotiations. But if the Commission chooses to give us four hundred and twelve thousand dollars ($412,000.00) deficit for next year, I'll be the first one to tell you that we'll go -- I think we've got a shot. Chairman Plummer: All right. Anybody else have comment? Vice Chairman Gort: Yes. Chairman Plummer: Mr. Gort. Vice Chairman Gort: I'd like to get a little history. As the past member of the chairman of the Off -Street Parking for many years back, Gusman Hall is something we dealt with in the past. We've had RFP going out. We tried to get professional individuals within the industry. This is an industry I'm not too knowledgeable of. This is a very specialized industry, a very small industry, and you need experts. And we tried and we tried and we tried. We were never able to get anyone that could manage and really bring Gusman to where it should be. I've always stated, since I was questioned into -- two weeks ago, three weeks ago -- Commissioner Teele, I agree with you a hundred percent. This is City taxes, that we take it. We help the Cultural Affair approve the bond issue. We did it with the Omni. And I agree with that. And as I said, the County should release the funds without any strings attached to it. I said it from the beginning, two 386 July 27, 1999 • C weeks ago. Commissioner Teele: Here, here. Vice Chairman Gort: But look at the different options that we have. I look at this management contract as another RFP that has gone out, where the individual answering the RFP, contrary to before, is willing to take part of the liability, is willing to take part of the -- that's why I don't have any problem with this contract. Mr. Gusman: That's exactly right. Vice Chairman Gort: And the Gusman people have worked on it for quite a bit, the Off -Street Parking, the DDA, we've all had dealt with this. And I can tell you right now, from what I can see right now, this is one of the best deals we can do right now. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: As Chairman of the DDA, Commissioner Gort, what are you really recommending then? You've heard my view. You've dealt with all of this. What's your recommendation? What's the shortest term solution we can make? Vice Chairman Gort: That's why we're asking the questions. I think the Cultural Affair Committee can come up with the right plan, where maybe this, within a year or two, it could be self-sufficient, and the deficit will no longer be there. Because they're the professionals. They're in the business. They're constantly -- they're part of the industry. You have to know this industry and they're willing to risk three hundred thousand dollars ($300,000) out of their own pocket or four hundred thousand dollars ($400,000.00). Mr. Cook: That's right. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I think they've gotten here with a compromise, where I think that -- and I am one to say that we should work together with the County -- that our agreement of a hundred and sixty some thousand dollars that will go to them and the commitment from the County will allow them the opportunity, for a year, to get back on their feet. That is the most reasonable, to my opinion -- for a year. That is the most reasonable solution that we have here today. Now, I've heard somewhere that -- parking surcharge. There is a resolution set forward. I think we've all made an agreement that that money is going to be used to lower the taxes to our citizens in our community. So, right now, I strongly suggest that the recommendation that's being offered by CAC and Parking Authority is the most reasonable, and I ask that we support it. Chairman Plummer: All right. Any further discussion? I think the resolution before us reads as thus: A resolution by the majority vote of the members of the City Commission, authorizing the City Manager and Executive Director of the Miami Parking System to enter into a discussion of a possible operating agreement with the Miami -Dade Cultural Affairs Council to ensure the continued vitality of the Gusman Center for the Performing Arts. 387 July 27, 1999 Mr. Alejandro Vilarello (City Attorney): Commissioner, that resolution requires the negotiated agreement to come back before the City Commission prior to approval. Mr. Cook: That's correct. Has to come back to you. Chairman Plummer: That's correct. Commissioner Teele: But Commissioner Sanchez was talking about for a year, but that agreement is wide open now. I mean, I don't have a problem with it but, as long as the Manager understands that I and Commissioner Sanchez, at least, at this point, would really like to see an agreement for the minimum amount of time so that we could really assess what our options are. Mr. Cook: I can assure you, Commissioner Teele, I heard you loud and clear. I understand that and we'll try to come back with that, and we'll have to negotiate it out. Vice Chairman Gort: A year with the option to renew. Chairman Plummer: OK. Motion understood? Call the roll. Vice Chairman Gort: You're going to come back to us. Commissioner Sanchez: So moved. So moved Vice Chairman Gort: Second. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-596 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE MIAMI PARKING SYSTEM TO ENTER INTO DISCUSSIONS AND NEGOTIATE AN OPERATING AGREEMENT WITH THE MIAMI-DADE CULTURAL AFFAIRS COUNCIL TO INSURE THE CONTINUED VITALITY OF THE GUSMAN CENTER FOR THE PERFORMING ARTS; FURTHER, DIRECTING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE MIAMI PARKING SYSTEM TO SCHEDULE SAID NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BEFORE THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION IF SUCH AGREEMENT IS DEEMED APPROPRIATE FOR SAID PURPOSE. 388 July 27, 1999 • Ll (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 Joe Sanchez Commissioner Arthur E. Teele, Jr Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Teele: Mr. Chairman, again, I'd like to just say, for the record, that I really appreciate the attention that Mr. Gusman is giving it, and the fact that, you know, you really are. committed to it and we want to do what -- we'd like to listen to your views and get your input any time. Mr. Gusman: Well, thank you very much. And I appreciate you all compliments. Chairman Plummer: This Commission will stand for a five-minute recess. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 4:28 P.M. AND RECONVENED AT 4:38 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN GORT AND COMMISSIONER SANCHEZ. Note for the Record: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA. 76. SECOND READING ORDINANCE: ZONING CHANGE AT 1975 N.W. 12 AVENUE TO ADD SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT FOR UNIFIED HOSPITAL DEVELOPMENT [applicant: Public Health Trust] Commissioner Plummer: Yeah, I got three, I mean... Can somebody give me a Zoning agenda? Oh, I got it, I am sorry, I got it. To my two colleagues, hello? You want to proceed? You want to wait? What do you want to do? Proceed. Item PZ-3. PZ-3 is 601 Biscayne Boulevard, Basketball Properties, Limited. Ms. Ana Gelabert-Sanchez (Director, Planning Department): No, no. It's PZ-2. Commissioner Plummer: I am sorry, that's PZ-2. I am sorry. I stand, corrected, it's late in the day. PZ-2, now I am on one. I'll get there eventually. PZ... Ms. Gelaber-Sanchez: It's 1975 Northwest 12"' Avenue. Commissioner Plummer:. PZ-3, 1975 Northwest 12`" Avenue, Jackson Memorial Hospital Medical Center overlay district. It comes with the approval of the Planning Department, and recommended by the Zoning Board by an eight to nothing vote. Do you wish to hear a two-hour presentation? Hello? Moved 389 July 27, 1999 by Regalado, seconded by Teele. It is an ordinance, read it. Call the roll. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 24 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM G/I GOVERNMENT AND INSTITUTIONAL IN ORDER TO ADD SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 1975 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Wifredo Gort THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11826. 77. SECOND READING ORDINANCE: COMPREHENSIVE NEIGHBORHOOD PLAN ZONING CHANGE (AMEND 10544) AT 38880 N.W. 7 STREET FROM MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL TO ALLOW UNIFIED COMMERCIAL DEVELOPMENT ON BLOCK. [applicant: Hasred, Inc./Ben Fernandez] Commissioner Plummer: PZ-4, is 3880 Northwest 7`1' Street. It is... Commissioner Regalado:. Mr. Chairman, that's in Commissioner Gort's... Commissioner Plummer: All right, you want to hold that one up. All right, we'll hold four up. Five is the same. We'll hold that up. Boy, we're really batting a thousand here. Item six, is that yours? Commissioner Regalado: Yes. Note for the Record: At this point, Vice Chairman Gort entered the Commission Chambers at 4:40 p.m. Commissioner Plummer: All right. Item six. Well, wait a minute. Gort's here. Come back with item... 390 July 27, 1999 L_J �J Gort has showed up. Commissioner Regalado: Is that? Commissioner Gort, is that your side of the district, or? Commissioner Gort: What? Commissioner Regalado: 3880 Northwest 7t11 Street. Commissioner Plummer: 3880 Northwest 7t" Street. Is that your district, or not? Commissioner Gort: What are we talking about. Commissioner Plummer: All right. You are here. Don't worry about it. This is to... Commissioner Regalado: PZ. PZ-4. Commissioner Plummer: To change it from multifamily to restricted commercial. It comes with the approval of the Planning Department, and recommended by the Planning Advisory of 9/0. Who's district? Commissioner Gort: It's my district. Commissioner Plummer: Mr. Gort makes the motion. Commissioner Gort: No, no. Wait a minute. Commissioner Plummer: Excuse me. Commissioner Gort: Excuse me Commissioner Plummer: This is Item 4 and the companion is five. Commissioner Gort: I understand, but let me sit down and go through it. We have a lot of items that we have gone through, and I want to make sure we stay with it. Commissioner Plummer: All right, sir. Commissioner Gort: Move it. Commissioner Plummer: Move Item 4 by Commissioner Gort, seconded by? Commissioner Regalado: Second. Commissioner Plummer: ... Regalado. Read the ordinance. This is a second reading. Call the roll. 391 July 27, 1999 • An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3880 NORTHWEST 7TH STREET, MIAMI, FLORIDA, FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 1999, was taken up for its second and final reading, by title, and adoption. On motion of 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: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11827. 78. SECOND READING ORDINANCE: ZONING CHANGE (AMEND 11000) - 3880 N.W. 7 STREET FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL TO ALLOW UNIFIED COMMERCIAL DEVELOPMENT ON BLOCK. [Applicant: Hasred, Inc./Ben Fernandez] Commissioner Plummer: The companion item is PZ-5. Same address. Mr. Gort moved it, seconded... Commissioner Regalado: Second. Commissioner Plummer: ... by Regalado. It is the second reading. Read the ordinance. Call the roll. 392 July 27, 1999 An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3880 NORTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 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: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11828. [Although absent during roll call, Commissioner Sanchez requested of the Clerk to be shown as being in agreement with the motion.] 79. SECOND READING ORDINANCE: COMPREHENSIVE NEIGHBORHOOD PLAN CHANGE (AMEND 10544) - 16, 20, 24 AND 28 N.W. 36 COURT FROM DUPLEX 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. Commissioner Plummer: Yes, six and seven are companion. It is 16, 20, 24 and 28 Northwest 36"' Court. It comes with the approval of the Planning Department and the recommendation of the City Commission. Oh, recommended to the City Commission by the Planning Advisory Board by and 8/1 vote. What it in effect does is change duplex residential to restricted commercial. Who's district? Commissioner Regalado: Mine. Commissioner Plummer: And, do you wish to hear a presentation or make a motion? Commissioner Regalado: Well, I did it move it last time, however, I have received some letters and calls from tenants of this shopping center. And, they are being told that they are going to have to move as 393 July 27, 1999 soon as November. So, I wanted to know, what are their plans. I know that we spoke about the Eckerd Drugs being there, but I would really like to know what is the timetable of this, because there are people who have invested a lot of money is some of these stores, and now they are told that they will be moved out of the area as soon as two or three... Commissioner Plummer: To the applicant, sir, for the record, your name and mailing address? Mr. Jerry Proctor: Jerry Proctor. Commissioner Plummer: Excuse me. All persons wishing to testify in any zoning matter today, please stand raise your right hand and be sworn in. You're the only one. Huh, we don't make no money today. All right, swear him in, in English, I am sure. AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Proctor: Yes. I do. Commissioner Plummer: Are you an attorney? Mr. Proctor: Yes, sir. Commissioner Plummer: Are you a registered lobbyist? Mr. Proctor: Yes, sir. Commissioner Plummer: Thank you. Proceed. Your question, the question to you sir, was very brief. When are the people going to have to move? Mr. Proctor: Commissioner, we would estimate that the folks will have to move in about four months. Commissioner Plummer: All right. Commissioner Regalado: OK. Well, that's the problem that I have, because they were never advised, as a. matter of fact, the tenants were never advised that this hearing was going to take place as it did. And, some of the people did invest some money to have a better area, and now they are faced with this. What, if anything, can the developer do, the Eckerd Drug Store do in terms of accommodating some of these people that are in the area right now? Mr. Proctor: Well, Commissioner, we would certainly work with them, and keep them there until the last possible moment in terms of our development plans. We, not only have to, and I represent obviously, the contract purchaser. We, obviously have a ways to go here, in terms of not only appeal periods, but the real estate transaction itself, getting development plans approved by the City, which has not occurred yet. We have several months of work ahead of us, and as we are embarking on that work, we would be pleased to work individually with each one of those tenants and business operators to tell them what is happening, which will take some time, at least four months we estimate. Commissioner Plummer: Let me ask you a question, sir? Mr. Proctor: Yes, sir. 394 , July 27, 1999 Commissioner Plummer: Can we get your name and mailing address? Mr. Proctor: Jerry Proctor, 200 South Biscayne Boulevard, Miami. Commissioner Plummer: Thank you, sir. Commissioner Regalado: OK, my... I wish that I had known this on the first reading because i would have requested that you come back now with the, you know, the results of your meeting with the tenants and the way that... Because, I mean, the problem is, Eckerd is going to leave the area across the street and build... Mr. Proctor: That's correct. Commissioner Regalado: ... one free standing building from... Mr. Proctor: That's correct. Commissioner Regalado: ... for that area. Do you have any idea if Eckerd or the developer is willing to move some of these people next door across the street. I mean, have that crossed your mind? Mr. Proctor: We have not entered into that kind of discussion. I am certain that Eckerd would be willing to work as best as possible with those tenants, those business operations. Commissioner Regalado: You do not represent Eckerd, of course? Mr. Proctor: We represent the corporation that will, that is part of Eckerd, that is the contract purchaser. So, we represent an arm of Eckerd, yes. Commissioner Regalado: Well, I don't want to get in the middle of progress... Mr. Proctor: Sure. Commissioner Regalado:... and I think that that will be an important asset to Flagler Street. I will not try to delay this... Mr. Proctor: OK. Commissioner Regalado: ... but I will trust that you, as a representative will try to meet with these people, and try to at least, you know, keep them informed and see what kind of options they have. And, I wish, if you can, whenever you do that, if you can send me a report, I will be... then willing to meet with them. And, I, you know, I am doing this because... I am moving this because I really think that it's a good thing, but at the same time, you have to understand that there are several people that will be hurting a lot. And, I hope that a big company like Eckerd will be able to, at least talk to these people and look for some options. Mr. Proctor: Commissioner... Commissioner Plummer: Your motion, please. 395 July 27, 1999 Commissioner Regalado: My motion is to move it. Commissioner Plummer: Is there a second? Commissioner Regalado: And, you know, I don't want to incorporate anything. This is about trust, and I just feel that they are going to come back with a report to us. Commissioner Plummer: All right, is there a second? Commissioner Gort: I'll second the motion. There is a great need to develop that one area there. This present shopping center where Eckerd is located has a lot of traffic problems, parking problems, and I think expanding, going over to the next corner is going to alleviate the problem quite a bit. At the same time, I think the tenants should, they probably all have leases and those leases, I hope, somehow was checked by their attorney or themselves to protect themselves. Commissioner Plummer: Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 16, 20, 24, AND 28 NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11829. 396 July 27, 1999 .7 C] 80. SECOND READING ORDINANCE: ZONING CHANGE (AMEND 11000) - 16, 20, 24 AND N.W. 36 COURT FROM R-2 TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL TO ALLOW UNIFIED COMMERCIAL DEVELOPMENT ON BLOCK. [Applicant: Educardo, Inc./Jerry Proctor] Commissioner Plummer: Item 7 is a companion. Mr. Regalado. Commissioner Regalado: I'll move it. Commissioner Gort: Second. Commissioner Plummer: Moved and seconded by Commissioner Gort. Any further discussion? Read the ordinance. Hello, Dolly. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 16, 20, 24, AND 28 NORTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: . . None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11830. 397 July 27, 1999 • 81. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TO ALLOW FOR PRIVATE FUNCTIONS AT CLUBS OR LODGES BY MEMBERS OF THE GENERAL PUBLIC. [Applicant: Planning Department.1 Commissioner Plummer: Item 8 is a second reading and it is to allow for private functions to be held at clubs or lodges by the members of the general public. Commissioner Gort: Move it. Commissioner Plummer: Moved by? Commissioner Gort: Gort. Commissioner Plummer: Gort. Seconded by? Commissioner Teele: Second. Commissioner Plummer: Seconded by Teele. Any further discussion? Read the ordinance, this is second reading. Motion understood? Call the roll. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 25, DEFINITIONS, IN ORDER TO MODIFY THE DEFINITION OF "CLUB OR LODGE: TO ALLOW CLUBS AND LODGES, INCLUDING PRIVATE CLUBS AND LODGES, TO BE UTILIZED FOR BANQUET FUNCTIONS BY THE PUBLIC; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11831. 398 July 27, 1999 82. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000 TO ALLOW SINGLE FAMILY AND DUPLEX DEVELOPMENT IN THE R-3 AND R-4 ZONINNG DISTRICTS TO UTILIZE SAME BUILDING CRITERIA AS THE R-1 AND R-2 ZONING. DISTRICTS. [Applicant: Planning Department] Commissioner Plummer: The final item is item PZ, not the final item tonight, the final PZ item is PZ-9. Commissioner Gort: Move it. Commissioner Plummer: And, it's moved by Gort, and seconded by? Seconded by? Commissioner Teele: Teele. Commissioner Plummer: Teele. This is second reading, read the ordinance. Commissioner Plummer: Question. Why would anybody want to build a single-family on a lot that would accommodate a multi -unit apartment house? I don't... It doesn't make any sense to me. I mean, you know, we are going to create the vehicle to do it, but if I owned a lot that I could put an apartment house on, I don't understand why I would want to put a single-family residence. Commissioner Gort: Well, Mr. Chairman, that's why democracy is so great. If someone would like to go ahead and use a large parcel and create his own home, that's fine for him, then he can utilize it to the maximum. Commissioner Plummer: Mr. Gort, the only problem... I understand fully what democracy is all about, I had History 101. My concern, I think, is my concern that R-1 is going to come in and ask for variances, because what is next door, and why do I have to comply with the setbacks. Are the same R-I regulations going to be effective... Commissioner Gort: Right, right. Commissioner Plummer: ... in the R-3? In other words, the same setbacks and all of that? Ms. Ana Gelabert-Sanchez (Director, Planning Department): It would be the same setbacks, and they would have the same requirements. What it is is, if they are building for a single-family, they might be able to go with the same R-1 and R-2 requirements. So, they would be abiding by the same. Commissioner Plummer: Hey, I am... OK, you know, I am going to vote for it, but it doesn't make sense to me, OK. It just doesn't make sense. Given as my colleague says, the great American right to be a fool if you wish, we are going to give them that right. All right, second... Did you read the or... you read it? Mr. Alejandro Vilarello (City Attorney): Yes. Commissioner Plummer: Call the roll. 399 July 27, 1999 An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401. SCHEDULE OF DISTRICT REGULATIONS AND ARTICLE 9, SECTION 903. GENERAL AND SUPPLEMENTARY REGULATIONS, TO PROVIDE THAT SINGLE FAMILY AND DUPLEX DEVELOPMENT TO BE LOCATED WITHIN THE R-3 AND R-4 ZONING DISTRICTS MAY UTILIZE THE BUILDING CRITERIA AS SET FORTH IN THE R-1 AND R-2 ZONING DISTRICT CLASSIFICATIONS, RESPECTIVELY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of June 22, 1999, was taken up for its second and final reading, by title, and adoption. On motion of 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11832. Note for the Record: PZ-10 was deferred indefinitely by the City Commission. Commissioner Plummer: Item 10 was put over until September, as I recall. Commissioner Teele: Are we on? Commissioner Plummer: Huh? Commissioner Teele: Is this a zoning item? Commissioner Plummer: Indefinitely on ten. 400 July 27, 1999 83. COMMENTS REGARDING COMPLIANCE OF COVENANT FOR .LANDSCAPING AT 1900 BRICKELL AVENUE. Commissioner Plummer: All right, if I may have a personal privilege of my colleagues. Dena. Commissioner Teele: Before you do... Commissioner Plummer: Before you leave. This City Commission in a zoning item passed at 1900 Brickell Avenue. There were some very, very strict, restricted covenants that were on that property that they had to comply with. Now, I want to tell you that this picture don't lie. And, these two pictures don't show me any grass that was supposed to be there. These pictures... I am going to give them to you. These pictures don't show me the trees that have been removed, and I want to tell you something, I think that you need to go there immediately tomorrow. I think you need to tell the good doctor that he is not acting in good faith, but first, you make your own determination, because I don't remember verbatim every one of the restrictions, but they were many, and this Commission bent over backwards to try to accommodate. And, if these pictures are what I think they are, there is not good faith been exercised, and as such, you deal with that in the most strictive way you can, because this Commission tried to do what we could to be good guys. 84. COMMENTS REGARDING DOWN ZONING IN AREA OF N.W. 17 AVENUE FROM 56 THROUGH 61 STREETS. Commissioner Plummer: OK, we now go back to the regular agenda. Commissioner Teele: Mr. Chairman. Commissioner Plummer: Yes, Mr. Teele. Commissioner Teele: Before you leave the Planning and Zoning agenda. Commissioner Plummer: Yes, sir. Commissioner Teele: I had requested, and I am renewing that request, that the down zoning along 17"' between fifty... And, I would like also, to know a little bit of a history of why we changed that zoning when we did to allow for the problems that we have been dealing with. That area in... Commissioner Plummer: 17"' and what? Commissioner Teele: 17`h and... Ms. Ana Gelabert-Sanchez (Director, Planning Department): It's between... Commissioner Teele: Between 56`" and about 615t Ms. Gelabert-Sanchez: Yeah, that's right. Commissioner Plummer: Where Ms. Range is. 401 July 27, 1999 Commissioner Teele: No, it's, it's north of where she is. Commissioner Plummer: Yeah. Commissioner Teele: But, it's the problem that we are dealing with here with the people. That area was up -zoned from residential somewhere along the line. I would like to know what the history is, but I am really interested in getting the zoning from 61St Street to be consistent with the zoning all the way from 38th that goes up there. But, what somebody did is, they changed it to put that multifamily stuff in there, and we need to get that back out, because if the City does go in and if we are forced to foreclose or whatever, I really don't want us to start talking about bidding it out now to rebid, and rebuild the problems that we have been dealing with in this multifamily housing area. Ms. Gelabert-Sanchez: Commissioner Teele, at this time, the Planning Department is looking into that. To answer the questions as to when? We have been going back as to when the change was done, and it goes back beyond `95 South, the zoning ordinance, and I think... Commissioner Teele: Oh, I am sure it will go back. But, these buildings were built 15 years ago, so it will go back at least... Ms. Gelabert-Sanchez: It was even more. I think, my... If I am correct, it probably dates back even to '57, 1957. The zoning, at the time it was R-4 which is the equivalent of what we have today. We are looking into these area as part of the 17t1' Avenue Corridor, and we are looking into down zoning that area. So, that will be part of the study that you have requested on 17th Avenue. Commissioner Teele: In other words, so that the Commission knows what we are talking about. The problems that we are dealing with, with the multifamily people that were here this morning and over the time, is that that is, it's a multifamily zoning which is, which does not flow with the rest of the zoning along 17th, but for some reason it was up -zoned. I don't want to quarrel over the history. I would very much like to get that item here before us before Community Development and the Finance Department are doing their thing. Ms. Gelabert-Sanchez: We are presently, what we are doing and working together with the Net (Neighborhood Enhancement Team) Office, the Real Estate and Economic Development and Planning into doing that in a comprehensive, not only what we talked about in the last Commission which was the SD-12, the possibility of the parking availability in that area, the down zoning. And, we are talking also the Housing Division to make sure that that, that you said doesn't happen, that we propose a change that it doesn't fit with the plans they have. Commissioner Teele: Thank you, very much. Commissioner Gort: Question. Commissioner Plummer: Mr. Gort. Commissioner Gort: You are down zoning it, are you talking about residential or commercial? Commissioner Teele: Residential. Commissioner Gort: Residential, to eliminate the commercial. 402 July 27, 1999 i Commissioner Teele: [inaudible — off microphone] Commissioner Gort: OK. Commissioner Plummer: OK, I am closing the Planning and Zoning. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF PLANNING AND ZONING PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE REGULAR PORTION OF THE AGENDA. 85. AUTHORIZE MANAGER, TO .EXTEND PROFESSIONAL, SERVICES AGREEMENT AUTHORIZED PURSUANT:. TO RESOLUTION -96-805 WITH KPMG, LLP, FOR THE PROVISION OF EXTERNAL AUDITING_ SERVICES FOR THE CITY OF MIAMI FOR THE FISCAL YEAR 1999; ALLOCATE FUNDS ($350;000) Chairman Plummer: OK. I'm closing the Planning and Zoning and we'll now go to Item Number 37. It's with a company called Zip Mailers for twelve thousand dollars ($12,000). It's an increase of five thousand and it goes to twelve thousand three hundred and sixty-four dollars and fifty cents ($12,364.50). Moved by. Commissioner Sanchez: Which item are we on? Chairman Plummer: Hello? Thirty-seven. Mr. Donald Warshaw (City Manager): Got to go back to 36. Chairman Plummer: Why did I skip 36? Mr. Warshaw: That's one we were on just before... Chairman Plummer: Oh, OK. I'm sorry. You're right. Let's go back to 36. Professional Service Agreement with KPMG, not to -- three hundred and fifty thousand dollars ($350,000)? Hello. Ms. Julie Weatherholtz: Julie Weatherholtz, Finance Director. Yes, what this resolution is asking for is to exercise one, the one-year option for renewal. This City has paid this three hundred and fifty thousand dollars ($350,000) for audit services for the past three years, and KPMG has informed me that with this one-time renewal, they will not increase that fee. Chairman Plummer: Did you go out to a bid? Ms. Weatherholtz: No, we did not go out for a bid for this. Chairman Plummer: Why? Ms. Weatherholtz: Reason being is that our last audit ended at the end of April. So, therefore, the time period to go out for an RFP (Request for Proposal) was insufficient. What we are asking, though, is, if we can renewal for one year, we can start our interim audit to begin now, in August and September, which would, then, allow the financial statements to be prepared by the end of December. Then, giving us that time period of January through April to go out for bid. 403 July 27, 1999 Chairman Plummer: Julie, welcome to Unisys, Motorola and KMPG. They've got a lock on this City. They've got a lock on this City. They can't do anything wrong. Commissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: I think -- you know, and I think we all ought to take a deep breath on this thing. The reason that we have all of the problems that we have, the check and balance, the balance didn't work, OK? That's the External Auditor. Chairman Plummer: Fell out of balance. Commissioner Teele: Well -- and we are now suing our last External Auditor. It's my understanding that there are probably about four to five companies in the United States that are the Big 8 or the Big 9 went to the Big 7 and the Big 7 went to the Big... Ms. Weatherholtz: Big 4 Commissioner Teele: To the Big 4. Now, it doesn't take long to figure this out, J.L. We're suing one of the big four. We're bad-mouthing the second one. And I've got to tell you something. Chairman Plummer: No. Excuse me. Do not say that, Mr. Teele. I am not bad-mouthing them. Commissioner Teele: Well, if you... Chairman Plummer: I'm saying, we did not go out and -- please. Now, don't put words in my mouth. Commissioner Teele: You continue to say... Chairman Plurmner: I did not say that. Commissioner Teele: ...they have a lock on this City, Commissioner Plummer. Chairman Plummer: I said that and it's -- I think I'm right. Commissioner Teele: This audit... Chairman Plummer: We did not go out to a bid. That's my only comment. Did you go to a bid? Commissioner Teele: And the answer that she gave you is yes. Chairman Plummer: No. Commissioner Teele: No. The answer that she should have given you was, yes, we went out to a bid. When we bidded, we bidded for a one-year bid with four one-year options and that's what they bid on -- or three one-year options. Chairman Plummer: I don't think that's a true statement. I think it was for three years and this is an extension beyond the... 404 July 27, 1999 Commissioner Teele: No, that's not true, J.L. Chairman Plummer: Ask... Ms. Weatherholtz: That is correct, what Commissioner Teele is saying. When we -- it was bid three years ago. It was bid for a three-year term... Chairman Plummer: Absolutely. Commissioner Teele: With... Ms. Weatherholtz: ...with two... Commissioner Teele: One-year options. Ms. Weatherholtz: ...one-year options... Chairman Plummer: That's right. Ms. Weatherholtz: ...for renewal. Chairman Plummer: But we did not have to excise the two one-year options. Commissioner Teele: Then... Ms. Weatherholtz: This is the first time... Chairman Plummer: Yeah. Ms. Weatherholtz: ...where we would have that opportunity. Chairman Plummer: OK. Commissioner Teele: And, J.L., if you don't want -- if you would like to have another auditor, I will make the motion or second it and say that, after this, that they will go out for a bid with another one. Chairman Plummer: That's all I'm saying. Commissioner Teele: But the only thing that I'm going to tell you, J.L. Write this down, Madam Clerk. It is going to cost this City more money for an auditor than we're paying now. Because it's a supply and demand issue and once you sue an auditor or once you sue a doctor or once you sue a lawyer, there are some very subtle things that begin to happen with the members of their colleagues, and I'm just going to tell you that on the record. Chairman Plummer: I hear you. Item 36. Commissioner Teele: I would move the item. Chairman Plummer: Moved by Teele. Seconded by? 405 July 27, 1999 Vice Chairman Gort: I'll second. The reason for second... Chairman Plummer: By Gort. Vice Chairman Gort: ...they're maintaining the same price, that -- they're the auditor, been on board for three years now and they... Chairman Plummer: God bless them. Vice Chairman Gort: They have certain mechanisms. They're already in place. If we were to bring another auditor, it would probably cost a lot more because they would have to perform and bring other additionals. Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-597 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT AUTHORIZED PURSUANT TO RESOLUTION NO. 96-805 WITH KPMG, LLP IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI FOR THE FISCAL YEAR 1999, THE TERMS AND CONDITIONS OF WHICH ARE SET FORTH IN THE ATTACHED AGREEMENT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $350,000. (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. 406 July 27, 1999 86. AUTHORIZE INCREASE IN CONTRACT WITH ZIP MAILER, INC., '($5,000), FROM $7,364.50 TO $12,364.50; FOR MAILING.. SERVICES, FOR THE DEPARTMENT OF FINANCE, REOUEST BY CHAIRMAN PLUMMER TO LOOK ,INTO PROVIDING SELF-ADDRESSED RETURN.ENVELOPE Chairman Plummer: Thirty-seven, Zip Mailer. What is Zip Mailer? Ms. Julie Weatherholtz (Finance Director): That is our mailing service. Chairman Plummer: Twelve grand? Ms. Weatherholtz: It's just increasing from seven to twelve, and it was due to several one-time mailings that will not reoccur again Chairman Plummer: Can I make a strong suggestion to you. And I made it to the Manager, I think, the other day. I get a lot of mail from the City because I pay you all a lot of money, all right that you send self-addressed envelopes? Ms. Weatherholtz: I can look into that. Chairman Plummer: I think that you'll knock down a lot of lost checks. You used to do it on all. Now, you do it on the garbage, but you don't do it for most everything else. And I think, if you send a self-addressed envelope, it would go a long way to be helpful. It would to me. Let me put it that way. OK. Moved -- Item 37, moved by. Vice Chairman Gort: Excuse me. Let me ask a question on that one. Chairman Plummer: Ask a question. Vice Chairman Gort: Sorry about that. Chairman Plummer: Yes, sir. Vice Chairman Gort: Right now our mailing goes out without a self-addressed envelope? Chairman Plummer: Some of it does. Commissioner Sanchez: No. I think everything out of our office goes out without an envelope. I mean, without a stamp. Vice Chairman Gort: Will this be self-addressed without a stamp or with a stamp? Chairman Plummer: No, I'm talking about just a self-addressed envelope. Mr. Donald Warshaw (City Manager): Just an envelope we're talking about. Chairman Plummer: A return envelope. 407 July 27, 1999 • Vice Chairman Gort: A return envelope. Chairman Plummer: Yeah. Vice Chairman Gort: Right. Mr. Warshaw: Without postage. Chairman Plummer: Without postage. Vice Chairman Gort: Because that would be an additional cost to the twelve thousand. Mr. Warshaw: If you added postage -- well, first of all, if you add an envelope... Chairman Plummer: I'm not recommending postage. Mr. Warshaw: ...it would be a cost. Then, if you added postage, it would be further costs. Vice Chairman Gort: Right. I understand. Ms. Weatherholtz: Yes, there,may be an additional cost because the company who stuffs the envelope, that would be an additional stuff into the envelope, so they probably would want an additional price for that. That's something we can look into. Vice Chairman Gort: Plus, the envelope and -- the addressing of the envelope, the make-up of the envelope and so on. Ms. Weatherholtz: The preprinting, the bar coding, etcetera, yeah. Chairman Plummer: Mr. Gort, I'm just saying, it eliminates confusion. That's all. You do it with the garbage tax. You send a self-addressed envelope on all of those. Commissioner Sanchez: Has anybody moved it? Chairman Plummer: Move it. Commissioner Sanchez: So moved. Chairman Plummer: Seconded by Gort. That's Item 37. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Gort: With your amendment. 408 July 27, 1999 • • The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-598 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH ZIP MAILER, INC., IN AN AMOUNT NOT TO EXCEED $5,000, FROM $7,364.50 TO $12,364.50, FOR MAILING SERVICES, PURSUANT TO BID NO. 98-99-005, FOR THE DEPARTMENT OF FINANCE, ON AN AS NEEDED CONTRACT BASIS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.2603 01.6.340. (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. 87. ACKNOWLEDGE, . AND APPROVE ASSIGNMENT OF VINCAM- OCCUPATIONAL HEALTH, SERVICES (VOHS) AGREEMENT,• FOR -THE PROVISION OF MANAGED CARE SERVICES FOR WORKERS' COMPENSATION TO OCCUPATIONAL HEALTH SERVICES INC. = (CHECK FOR POSSIBLE INTERLOCAL AGREEMENT DRAWING OFF SCHOOL BOARD OR COUNTY.) Chairman Plummer: Item 38. Item 38 is Vincam Occupational -- we went through this one the other day. We didn't resolve it, but we went through it. It's transferring from one company to another. Did -- there's nobody here from the Union? Did they go over this item? The Unions that went over it, didn't have no objection? Vice Chairman Gort: Why? The Union was going to look at it. Ms. Bertha Henry (Assistant City Manager): I can't say that... Mr. Donald Warshaw (City Manager): I think that... . Chairman Plummer: Huh? Mr. Warshaw: I think that Tony Rodriguez had an objection, in that he said he hadn't been informed and I 409 July 27, 1999 think we sent him to speak with Sue Weller. Chairman Plummer: I understand that. But once he was informed, did he have an objection? Mr. Warshaw: I can't speak for him. Chairman Plummer: I mean, this directly affects them. All right. Look... Commissioner Regalado: I said that I wasn't informed, but nobody spoke to me. Other than Mario, that said that he was sorry that they didn't inform me. Chairman Plummer: All right. Let's... Commissioner Regalado: But after that, nobody cared. Chairman Plummer: Tony -- here, Charlie. Commissioner Regalado: Not even... Chairman Plummer: You got a problem with this? Mr. Cox: I can't answer that because we just got the books for the carriers today. I know that was'one of the questions that we got, but I got it this morning. I didn't have time to look at it at lunchtime and compare. I really don't know. I mean -- and I happen to not be at that... Chairman Plummer: Mr. Manager. Mr. Cox: ...meeting that they had. I sent somebody else and I haven't had a chance to talk to them. Chairman Plummer: Mr. Manager. Mr. Warshaw: Commissioners, here's the issue with Vincam. We need to continue providing these services. So, even if this isn't approved, we have no vendor. Vice Chairman Gort: OK. Mr. Warshaw: We need to continue on some kind of an emergency basis. All this item is doing is acknowledging and approving, in accordance with the City Code, that we're putting you on notice that there has been a change of ownership; letting you know that we've done some due diligence about who the owners are. It's not an expression of strong support, that this is the vendor we want to do business with in the future. Chairman Plummer: You're asking us to approve it? Commissioner Regalado: Yeah. But, Mr. Manager, this is the same scenario with TCI (Telecommunications, Inc.), MediaOne and AT&T. Chairman Plummer: Oh -oh. Commissioner Regalado: We have spent hours and hours talking. The attorney that we hire has come and 410 July 27, 1999 talked to everyone. No one from the Administration, at least, have informed me that I have to vote on why this change, who bought it and what kind of company, is this a different company, are the same people going to be doing the work? I mean, whatever the Commission does, it suits me. Chairman Plummer: All right. Well, let's get off of dead center. Is there a motion? Vice Chairman Gort: Let me tell you. I'll make a motion. The reason I make a motion, my understanding, this is something -- the contract is in existence. What it is, it's a change of ownership, what we're approving today here. The same owners will have to comply with all the contracts and the requirements under that contract and if they don't comply under that contract, they will be fired. At the same time, this will not... Chairman Plummer: Is there a second? Vice Chairman Gort: This will not reassure that the person will get the contract when it goes out for bid again. And this is very similar to the other change of ownership... Ms. Henry: It's the same concept, right. Vice Chairman Gort: ...we had the other day on the (inaudible) on the -- what do you call? Chairman Plummer: Is there a second? Commissioner Sanchez: Second. Chairman Plummer: OK. Now, Charlie. Mr. Cox: Yes. My understanding, and correct me if I'm wrong, but I was not at that meeting, but I sent somebody there. But all the same people are not on board that were there before. Now, is there a commitment that, somebody receiving care from a doctor is going to receive that? But I don't understand. If they're just buying out a company, why they're changing doctors. So, something's not -- what you're saying is not absolutely correct, when I'm being told that there's new doctors in this one and some of the old doctors are gone. Ms. Henry: It's just that there's a different network of physicians, but they've assured us that there's an 85 percent similarity in the choice of doctors that you have. Those people that are treating with doctors that are not in the network will continue treating with doctors in the network. Mr. Warshaw: So, in other words, its almost as you're grandfathered in... Ms. Henry: There's going to be no disruption. Mr. Warshaw: ...if you're being treated by a physician that was part of the network prior to the ownership change, that that treatment service won't be interrupted. Ms. Henry: There will be no disruption. Mr. Cox: But, you know what -- and I'm sorry to say this -- if you buy a company, you buy the company in whole. So, now you're telling me they bought this company, but they're going to use their network and not the other people's network? There's something a little bit wrong... 411 July 27, 1999 Vice Chairman Gort: Wait a minute. Then I have... Commissioner Regalado: That's what I'm saying. That's what I'm saying. Mr. Cox: ...if they're coming in with their own network. Chairman Plummer: And, you know, I asked the question the other day. Have you done a background check on this company that's going to be the new company? Commissioner Regalado: But it's not about background check. Chairman Plummer: Oh, yes, it is. Commissioner Regalado: No, it's not. It's about treatment. Chairman Plummer: Excuse me. We are reading about nothing but fraud in all of these endeavors. Every time you pick up a newspaper today, you're reading about fraud and malpractice in the health organizations. Medicare and whatever else. I'm asking, is this company.— have you done an extensive background on the company who is going to be receiving this company? Ms. Henry: Commissioner... Vice Chairman Gort: Mr. Chairman? Chairman Plummer: Can I get an answer? Ms. Henry: Commissioner, we have not done an extensive background, but we have done due diligence. We have verified that they are able to meet the minimum qualifications that the previous vendor met. It was a requirement before we would bring the assignment to the Commission. Chairman Plummer: That's not what I'm saying. Mr. Warshaw: Commissioner, let me -- if I can answer. Vice Chairman Gort: Mr. Chairman, let me -- as the maker... Chairman Plummer: Excuse me. Mr. Gort has the floor. Vice Chairman Gort: As the maker of the motion, my understanding, in making the motion, I stated there's a contract that those people have to fulfill with the contract. Ms. Henry: Yes, they do Vice Chairman Gort: And I don't know if the contract require that they maintain the same... Mr. Warshaw: That's correct. Vice Chairman Gort: ...individuals and the same networking and so on. So, I think you need to go back to the contract and see if there's any changes taken place. 412 July 27, 1999 • Chairman Plummer: All right. Is there a second to the motion? Commissioner Teele: What's the motion? Vice Chairman Gort: No, no. I take my motion out. Commissioner Teele: Mr. Chairman? Chairman Plummer: You took your motion out. Commissioner Teele: Mr. Chairman? Chairman Plummer: Is there a motion to defer? Commissioner Teele: Mr. Chairman, I would move... Chairman Plummer: Mr. Teele. Commissioner Teele: I would move that the matter be deferred. And, further, I would ask that the Commission -- this matter came up before. Commissioner Regalado was all over this issue and it's clear to me now that, while Commissioner -- my colleague was making reference to the change in the ownership issue, which appears to be what you're asking us to approve. Ms. Henry: Yes. Commissioner Teele: But there's an underlying, fundamental problem, that there may be some issue of the change in the network and if there's a change in the network, first of all, the staff should tell them they can't do it, without coming to us. Secondly, we have no leverage over them if we approve this. We have no leverage over them if we approve this to ensure it. So, when this matter comes back, I would like to see a commitment from the provider that they are not going to change the network; that they are going to live up to the terms, and I would specifically ask that the appropriate courtesy be given to my colleague, Commissioner Regalado, who raised the issue, that you all would come in and brief him on it before it comes back to the Commission, because it's very clear that -- have you been briefed on this? Commissioner Regalado: No. Commissioner Teele: It's very clear... Chairman Plummer: All right. The motion is to... Commissioner Teele: ...Mr. Manager -- no, no. If I may finish? Chairman Plummer: I'm sorry. Commissioner Teele: It's very clear, Mr. Manager, that he has not been briefed on the matter and I think, if he brings a matter up or if a Commissioner brings it up, the management has a responsibility to get back to that person. At least give them the courtesy of explaining it. So, I would ask that it be deferred for those two reasons. Mr. Warshaw: Commissioner, if I may. Respectfully, the difficulty we have is, this is our only vendor. We 413 July 27, 1999 • have to continue to provide this service to our employees. So if you deny the approval of the assignment, we're still going to be continuing to do business with them. They're the vendor. Commissioner Regalado: No. But how about the other one, the one that bought -- I mean, the network? Where's that network? Mr. Warshaw: That company's not in business anymore. Commissioner Regalado: What do you mean that company's not in business? Mr. Warshaw: They've been acquired and purchased. That's what this item is on the agenda... Commissioner Regalado: But where is the network? It has to be a network. Ms. Henry: The current company has its network, but they've also committed to use the network that was in existence... Commissioner Regalado: No, no, that's not my question. Where is the network of the company that used to be before? Commissioner Teele: No. Let me say it this way. We contracted, Mr. Attorney, with an entity. Even if there's a change in ownership, we still have a legal entity before us and we fully expect that entity, whether it be owned by Group A, Group B, C, or Group D, that they comply with the contract. If they don't comply with the contract, which includes the essence of that contract as the network, they are in substantial breach of the contract, if the City Attorney so determines. But the fact of the matter is, they don't have the right to start changing up on us without our permission. And, Mr. Attorney, if I'm wrong, correct me. Mr. Alejandro Vilarello (City Attorney): Conunissioner, I think, partially, you're wrong. The company... Cormnissioner Teele: Then that means I'm partially right. Mr. Vilarello: That's partial -- the company has been acquired. The network no longer -- the network, by the original company, Vincam, is no longer in existence. The new company has its own network of doctors, which is, essentially, a contract between the service provider and each of those physicians, where they agree to a set a fee. What this new company -- the new -- the company that acquired Vincam has agreed to do that, even though those physicians, who are not within their network, that they will honor that commitment for anybody who is currently being provided this service. Commissioner Regalado: That's not what she said. She said 85 percent similarity. Mr. Vilarello: She went on to say, Commissioner, that any physician... Commissioner Regalado: No, no. She said similarity. Similarity means that, if you go to an orthopedic of your choice, you can go to another orthopedic. That's similarity. It's not the same orthopedic, is that correct? Mr. Vilarello: Commissioner? Chairman Plummer: Excuse me. The Commissioner asked a very simple question. Is there a very simple answer? 414 July 27, 1999 Ms. Henry: Yes. The current company will honor the doctors in the old network, as well as expand to offer services within their existing network. Chairman Plummer: Don't editorialize. Just answer the question. The answer is yes. Commissioner Regalado: The answer is not yes. Chairman Plummer: It was yes. Commissioner Regalado: Well, why they use the word similarity. Mr. Vilarello: What Ms. Henry is saying, Commissioner -- if I could speak on her behalf -- is that, if they're currently providing treatment with the physician from the old network, that they will continue to honor the continuing treatment from that physician. Ms. Henry: Exactly. Commissioner Regalado: That's not what I understood and I don't think that that's the case. Because you just said that the network was disbanded, that they no longer exist. Chairman Plummer: All right. What do you people want to do with this item? We're beating it to death. Mr. Vilarello: Commissioner... Commissioner Regalado: You do whatever you want. Mr. Vilarello: If I can add that the obligation to provide managed care is a statutory requirement, and the City Manager will have to continue to provide that service. Commissioner Regalado: On an emergency basis, until we resolve this issue, right? Mr. Warshaw: Well, Commissioner, a point clarification. There's still one year remaining on this contract. The City Attorney is saying that the ownership change does not, in any way, negate the continuation of a contract for that existing year. And I'm not -- that's why I'm asking you to clarify. I don't know... Commissioner Teele: Mr. Manager... Mr. Warshaw: We're not committed to this. Commissioner Teele: I fully agree with that legal statement. I totally disagree with anyone who says that the essence of a contract, in providing health, is the network. That's the essence of the contract. If they are changing the network, they are changing -- that is a material -- as far as I'm concerned -- and I'm not the lawyer. The City Attorney is the lawyer. But that, to me, is a material breach in the essence or change. And we have to determine if it's a breach or not, in the essence- of that contract, and we can cancel it. Because we contracted with them, essentially, for one thing. Medical services. And what they gave us, what the network was. We evaluated it on the network. That was the element of the bid. And if they're going to change who the network is, they're changing the contract. Mr. Vilarello: Commissioner, I do have to advise you. Each of these networks -- and many of the 415 July 27, 1999 companies that provide networks -- provide you a series of physicians identified by specialty and they are constantly changing. They are never the same, from month to month. They add physicians. They remove physicians. The commitment to the City and the commitment to any of the providers or the insurers simply is, that they will have physicians within the necessary specialties in the area. So, these networks never provide a commitment that Physician "A" will always be on that network. In fact, that physician can come off and back on to the network many times. Vice Chairman Gort: OK. My... Commissioner Teele: Mr. Chairman, what do you want to do? Chairman Plummer: You know... Vice Chairman Gort: Mr. Chairman. Chairman Plummer: I only had one -- Mr. Gort. Vice Chairman Gort: I'll make a motion. My understanding is, 85 percent of the existing network is aboard. Commissioner Teele: I want to defer it. Ms. Henry: Yes. Vice Chairman Gort: Eighty-five percent. My understanding also is, the 15 percent that is left, they're willing to grandfather in. Ms. Henry: Yes. Vice Chairman Gort: In other words, whoever is receiving service, with that 15 percent of that network will continue to receive service from those individuals? Ms. Henry: Yes. Chairman Plummer: Not for just treatment but for -- to the duration of the one-year contract. Ms. Henry: Right. Chairman Plummer: Is that understood? Ms. Henry: It's understood. Chairman Plummer: In other words, if I'm using Dr. XYZ... Vice Chairman Gort: So, that means you have a hundred percent, then. Chairman Plummer: OK. If I'm using Dr. XYZ and it's not on the new company's network, I can keep Dr. XYZ until the end of this contract. Ms. Henry: Until the end of the contract, yes. 416 July 27, 1999 Chairman Plummer: OK. That's fair. Vice Chairman Gort: So, then, what we're saying is, we do have a hundred percent of the... Chairman Plummer: Well, we got more than a hundred really. Vice Chairman Gort: OK. Chairman Plummer: OK. Vice Chairman Gort: I'll make... Chairman Plummer: That's a motion. Is there a second? Vice Chairman Gort: Bring my motion back on. Chairman Plummer: Is there a second? Commissioner Teele: Mr. Chairman, just for the record, there was -- Madam Clerk, was there a motion on the... Ms. Maria J. Argudin (Assistant City Clerk): Yes. There was a movant for a deferral. Chairman Plummer: I know. Was there a second? Ms. Argudin: No. Chairman Plummer: It's a dead item. Now, the motion is to approve. Vice Chairman Gort: I move to approve. Chairman Plummer: I heard what you said. Is there a second? Is there a second? Commissioner Regalado: For a deferral, you mean? Chairman Plummer: Third and last time, is there a second? Commissioner Sanchez: No. Chairman Plummer: The motion is dead. Wait a minute. Can I second it? I second the motion. Commissioner Teele: Mr. Chairman? Chairman Plummer: Yes, Mr. -- well, I'm not the Chairman. Commissioner Teele: You second the motion, but let me say this. I don't want to kill it, but if you vote on this now, with two people clearly for it, maybe there's a third, but a vote now not to approve it, in effect, would be a lot different from not taking it up. Chairman Plummer: Mr. Teele, my concern happens to be, if we don't approve it, where are we? 417 July 27, 1999 Commissioner Teele: We just maintain at will. The status quo continues. Chairman Plummer: No. That company that we maintain at status will is no longer inexistence. It doesn't exist. Commissioner Teele: Yeah, but that's not what's before us. What's before us is... Chairman Plummer: Is a transfer. Commissioner Teele: ...to approve the change in ownership, not to approve the change in the company. Chairman Plummer: All right. If this motion fails, that Mr. Gort just made and I seconded, where are you? Mr. Vilarello: Commissioner, I will advise the City Manager that he needs to continue to provide this service. If he follows my advice, in all likelihood, he will continue to do business with this company and he will be at risk; that when he comes back to ask you to ratify his actions, that you will disapprove. At that point, it will require a four/fifths vote. Mr. Warshaw: That's correct. Chairman Plummer: Call the roll. Mr. Vilarello: Or you will continue to not provide the service... Chairman Plummer: Call the roll. I am not going to put the Manager at risk. OK. The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-599 A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING AND APPROVING THE ASSIGNMENT OF VINCAM OCCUPATIONAL HEALTH SERVICES (VOHS) AGREEMENT TO OCCUPATIONAL HEALTH SERVICES INC., DATED DUNE 30, 1999, FOR THE PROVISION OF MANAGED CARE SERVICES FOR WORKERS' COMPENSATION FOR THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY EFFECTUATING SAID ASSIGNMENT. 418 July 27, 1999 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Chairman Plummer, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. ABSENT: None. Chairman Plummer: Item 41B. Forty-one B is in reference to Bedminster Seacor Services. Cormmissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: Just for a moment. Ms. Henry, before you all leave this item, would you determine, with the purchasing office, if, understand the state law, we could provide the same service by interlocal agreement, drawing off of the School Board and/or Dade County? And that would require that you check with them to see what their network is, to see if it's compatible and to see what the price is. But I would just like to know at the next meeting -- not to do it. I just would like to know if it's legal and what would be -- and can it be done or would the providers be willing to accept it and, thirdly, what would be the difference in the cost? 88. AUTHORIZE CONTINUING ENGAGEMENT OF LAW FIRM OF DAVIS WEBER & EDWARDS FOR LEGAL SERVICES IN CONNECTION WITH BEDMINSTER 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 Chairman Plummer: Forty-one B, Bedminster Seacor Services to additional a hundred and twenty-five five for law the firm to represent the City. Is there a motion? Mr. Alejandro Vilarello (City Attorney): Commissioner, this is with regard to the continued representation of the City by Davis, Weber and Edwards in the active litigation. At this point, that hundred and twenty-five thousand dollars ($125,000) represents the total amount of funds that we estimate would be required through the end of the litigation and an appeal. We don't anticipate that far that much being expended; however, at the last Commission meeting or several Commission meetings ago, this Commission has requested that I provide the full, anticipated costs of a particular litigation. Chairman Plummer: Is there a motion? Commissioner Sanchez: Wait, wait. I have some questions. How much in total have we spent. I remember spending -- is it a hundred and twenty-five thousand? 419 July 27, 1999 0 Chairman Plummer: How much is the total? Commissioner Sanchez: Is this all of it? Because I do recall that we... Mr. Vilarello: We've already approved two, twenty-five thousand dollar ($25,000) items, so... Chairman Plummer: This would make it one seventy-five total? Mr. Vilarello: Yes, sir. Commissioner Sanchez: Jeez. Chairman Plummer: He's not here. Commissioner Sanchez: I wish he was. Chairman Plummer: Talk to somebody that knows you. Is there a motion? Vice Chairman Gort: We have to do it? Move it. Chairman Plummer: Moved by Gort. Is there a second? Commissioner Sanchez: Would this be the final amount or we don't know? Chairman Plummer: Is there a second? Mr. Vilarello: Commissioner, this is my best... Commmissioner Sanchez: Well, I'll second it for discussion. Chairman Plummer: Wait a minute. Commissioner Sanchez: Second for discussion. Chairman Plummer: Seconded for discussion. Mr. City Attorney. Commissioner Sanchez: For discussion, Mr. City Attorney. Would there be more additional money needed to fight this? Because, I mean, it's costing us already a hundred seventy-five thousand dollars ($175,000). Mr. Vilarello: Commissioner, I don't anticipate any more than this amount. You've asked me to give you a full estimate. This my best estimate of the total amount necessary to represent the City in this case. Chairman Plummer: Further discussion? None? All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 420 July 27, 1999 • • The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-600 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUING ENGAGEMENT OF THE LAW FIRM OF DAVIS WEBER & EDWARDS FOR LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI IN CONNECTION WITH THE CASE OF BEDMINSTER SEACOR SERVICES V. THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NO. 98-20458 CA 32; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED AN ADDITIONAL $125,500, 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 Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman J.L. Plummer, Jr. NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: None. 89. SUPPORT. OF PARROT JUNGLE & GARDENS_ OF ' WATSON< ISLAND PROJECT - DELAYS ARE NOT RESULT OF PARROT JUNGLE. Chairman Plummer: The next item is 43. Item 43 is a report on Parrot Jungle. Commissioner Teele: Mr. Chairman, record me as a "no" vote. Chairman Plummer: A "no" vote on Bedminster? Commissioner Teele: On the Bedminster issue, please. Chairman Plummer: OK. All right. Forty-three is an updating on Parrot Jungle, on the Watson Island project. Mr. Erdal Dommez: Thank you, Mr. Chairman. My name is Erdal Donmez from Real Estate and Economic Development Department. As you know, back in April of this year, the Federal HUD (Housing and Urban Development) approved a twenty-five million dollars ($25,000,000) loan for the Parrot Jungle and Gardens 421 July 27, 1999 Project at Watson Island. Ever since that time, Dade County and also Parrot Jungle Organization have been negotiating in terms of the loan and the development agreements. In addition to that, they have been looking at and analyzing some of the changes occurred in the financing plan of Parrot Jungle. In a sense, last summer, when the original application was approved. We're looking at a schedule of transferring our property to Parrot Jungle, realistically, in late September or October. County Commission is going to have a public hearing on two items. One is the Loan and Development Agreement and the second is amendment to the original Section 108 application. Chairman Plummer: You know, you might be at Parrot Jungle but they are -- Dade County is beating a horse to death. I mean, how many hearings has that thing gone through? And I don't mean to chastise them or anything, except for the fact those people have gone to Washington. Those people have been here locally. They've gone through all the HUD hoops that they put up in front of them. And, you know, here is a project for this City that is invaluable. It is probably the most best thing that's happened here in five years, 10 years. Vice Chairman Gort: Voted by the people. Chairman Plummer: Voted on by the people of this community. Now, I realize, fully, the County doesn't have to do a thing. I realize that. But I think that this thing has been dragging on in the County now for, what, a year? More? Mr. Donmez: Two years. Chairman Plummer: Two years. You know, and I think it's just time to either fish or cut bait. To drag this thing out and continuously to drag it out, to me, is wrong. But that's one opinion. OK. You know, no shovel in the ground. Commissioner Teele: What is the report? I hear what you're saying. Chairman Plummer: September, October. They've got two more hearings. Commissioner Teele: But are those hearings mandated by County, State or Federal law or are these hearings that are just being done? Mr. Donmez: It was mandated by the County, which approved the original Section 108 application by an ordinance, which requires two readings and a public hearing. Last week the County Commission approved the item on first reading. The second reading is going to take place in the -- I think it's September 9th meeting of the County Commission, and that's going to be a public hearing. Commissioner Teele: Well, I mean, I'm not going to be an apologist for the County, but it seems to me that they're just doing what they're -- unlike the City, which does things on an emergency ordinance, which the County never does. I was there for one emergency ordinance and that related to Hurricane Andrew. They're just doing what the ordinance requires. I mean, I want to understand. Because I'm hearing on one hand that they're being taken through a ringer but, on the other hand, you're saying that they're just having a second reading of an ordinance. Is there something else they're doing to them? Chairman Plummer: After two years? I mean, we've got 30 days between the first and second reading. Is the County... Commissioner Teele: J.L., you know, I've tried to follow this positively and its been my understanding -- 422 July 27, 1999 • and I've talked to Washington at least three times on background supporting this project. But it's been my understanding that their problem has been getting Federal concurrence on each and every element of this. Now, when did the Federal government give the final approval or the most recent approval? Mr. Donmez: It was April 26th, sir. One of the conditions... Commissioner Teele: April 26 of two years ago or last year or this year? Mr. Donmez: This year, 1999. Commissioner Teele: All right. Mr. Donmez: One of the things the County felt it had to re -approve was the interest rate that, a year ago, it was about seven percent. Now interest rates are lower. So, the County Attorney's Office felt that was materially a change and Dade County Commission needed to re approve that, so... Commissioner Teele: So, they lowered or raised the interest rate? Mr. Donmez: Well, the market interest rates, you know, went down. So, the question became whether to adhere to seven percent interest, you know, last year or interest -- new interest rates -- you know, the prevailing rates. Commissioner Teele: So, what is the interest rate in the deal now? Is it seven percent? Mr. Donmez: Well, it should be about six and a quarter. Commissioner Teele: So, the delay has been -- OK. Mr. Donmez: Yeah. Commissioner Teele: I just think you all ought to come in and give us the whole story so we don't start making statement. Because it was my understanding that while there had been a lot delays, that it has gone very, very well and, in fact, the deal has been structured in a way that's a little bit better. That was what I had been told. Mr. Donmez: That's correct, and we agree with you. One of the reasons we wanted to bring this up, the extension period given to Parrot Jungle to transfer and to possess, you know, the property is going to expire at the end of this month, and they're going to ask another extension, which we anticipate being, you know, the last extension, you know, from the City. Commissioner Teele: Is that an extension from the City? Mr. Donmez: That's correct. Commissioner Teele: Then, what are we saying, that the Manager has the authority to do that? Mr. Donmez: Yes, sir. Commissioner Teele: Then, why don't we have a resolution encouraging the Manager to do it or we're all just sort of wink and nod... 423 July 27, 1999 Mr. Donmez: It's not -- the resolution is not really necessary. The Manager has the authority. We just wanted to bring it up to your attention. (inaudible) Chairman Plummer: All right. Let's move on. Commissioner Teele: Mr. Chairman, then, I would just like to go on record as endorsing or supporting and providing a recognition that the delays are not of Parrot Jungle's -- resulting in any omission by Parrot Jungle and the Manager should positively take that under consideration. Chairman Plummer: Seconded by Gort. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-601 A MOTION OF SUPPORT OF PARROT JUNGLE & GARDENS OF WATSON ISLAND PROJECT; FURTHER PROVIDING RECOGNITION THAT DELAYS IN CONNECTION WITH SAID PROJECT ARE NOT RESULTING FROM ANY OMISSION BY PARROT JUNGLE; FURTHER REQUESTING THAT THE CITY MANAGER TAKE THIS INTO POSITIVE CONSIDERATION. 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. 90. APPOINT DANIEL RICKER, BRUNO CARNESELLA,,HENRY GIVENS, ELENA CARPENTER, ROBERT MASRIEH; FRANK BALZABRE, LEE MARKS, MARK, SARDEGNA, SUSAN BILLIG AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE Chairman Plummer: Item 47. Forty-seven is the Coconut Grove Parking Advisory Board. The past four appointees for the Commission At Large were Bruno Carnesella, Henry Givens, Ilena Carpenter, Barbara Lange, who had excessive absences and that Off -Street Parking Department recommends Robert Masrieh and the Commission At Large is requested to reappoint Mark Sardegna, Susan Billig, Lee Marks, Frank Balzabre from the Coconut Grove Village Council. Unless we have a problem, the only one to be replaced would be Barbara Lange. 424 July 27, 1999 • • Vice Chairman Gort: Do we have a name? Chairman Plummer: Do we have a name? Commissioner Sanchez: Frank Balzebre. Chairman Plummer: He's on there already. Commissioner Sanchez: OK. Commissioner Teele: What's the fine gentleman's name you never pronounce his name right? Chairman Plummer: No, that's in the northeast. Commissioner Teele: No, I'm talking about the guy right here. Chairman Plummer: Huh? Commissioner Teele: He gave us a hard time this morning on the Charter stuff. Vice Chairman Gort: Dan Ricker. Commissioner Teele: Dan Ricker. Chairman Plummer: That would keep you busy, right. All right, fine. Dan Ricker. Vice Chairman Gort: He does his homework. Chairman Plummer: Oh, he does. Let me tell you something. I turned into the Metro Commission meetings, he's right there. He goes to Oversight Board. He goes to every board he can make. It's incredible. Commissioner Sanchez: So move. Chairman Plummer: OK. So, we're going to reappoint all of the present members, with the exception of Barbara Lange, who has been removed for lack of interest, and we're going to add Mr. Dan Ricker in her stead. All in favor of that say "aye." Wait a minute. Wait a minute. Moved by Sanchez. Seconded by Gort. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show it unanimous. 425 July 27, 1999 • E The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-602 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE 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 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. 91. APPOINT ROBERT FRAZIER AS MEMBER OF CIVIL SERVICE BOARD. Chairman Plummer: Civil Service Board. One appointment. Mr. Far -- what's the name? I know you did. Far Far? Mr. Charlie Cox: Robert Frazier. Chairman Plummer: Frazier. Robert Frazier. All right. I make the -- Mr. Gort appoints Mr. Robert Frazier. Seconded by Mr. Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Any opposition? Show it unanimous. 426 July 27, 1999 0 • The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-603 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 92. (A) SPRING GARDEN MANAGEMENT AGREEMENT CLEARED INSURANCE; (B) MANAGER TO ASSIST ORGANIZERS OF SHRINER'S PARADE TO BE HELD IN DOWNTOWN MIAMI - $5,000 IN SERVICES. Chairman Plummer: Are there any pocket items? Hearing none, Mr. City Attorney... Connnissioner Teele: Mr. Chairman? Chairman Plummer: Mr. Teele. Commissioner Teele: Two quick things. Regarding the Spring Garden Management Agreement, Mr. Manager, I'm advised that the matters relating to the insurance on the management agreement have been cleared and that your staff has worked cooperatively there acquiring the park and donating it to the City, and it was an open issue on the insurance, is it correct? Could you clarify the record, that that issue has been resolved? The City will provide insurance for... Mr. Donald Warshaw (City Manager): Yes, sir. Commissioner Teele: The other pocket item would be the pocket item authorizing the City Commission -- authorizing the City Manager and the City of Miami to cosponsor the Shriner's Parade in downtown Miami on August 18, 1999, at 7 p.m.; and further authorizing the Manager to provide services, not to exceed five thousand dollars ($5,000), in exchange for activities that the City may engage in in the parade. And I would hope that Fire Union and -- the Fire Department and others would participate fully in the Shriner's Parade. Chairman Plununer: I only have a question, Mr. Teele. Are you -- do you really want the City to 427 July 27, 1999 • • cosponsor? And I'll tell you the reason I'm bringing it up, and I don't think you're aware. Anything that the City cosponsors, according to the Union contract, is time and a half. Commissioner Teele: All right, then. We don't want to cosponsor. We want to provide sponsorship. Chairman Plummer: I think we should leave it to the Manager to provide what he can best afford. Commissioner Teele: But the support not to exceed five thousand dollars ($5,000) from departmental costs. Mr. Donald Warshaw (City Manager): We'll work on it. Chairman Plummer: OK. Is there a second? Vice Chairman Gort: Second. Chairman Plummer: Seconded by Mr. Gort. Commissioner Regalado: I will second. Chairman Plummer: 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. 99-604 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE NATIONAL SHRINE PARADE TO BE HELD ON AUGUST 18, 1999 IN DOWNTOWN MIAMI AT 7:00 P.M.; AUTHORIZING THE CITY MANAGER TO PROVIDE IN -KIND SERVICES IN AN AMOUNT NOT TO EXCEED $5,000, SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. 428 July 27, 1999 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 93. OPERATION GREENAXAVES "FET CIIAMPET" HAITLAN FESTIVAL -- $3,500 IN KIND FOR SOUND EQUIPMENT AND STAGING. Commissioner Teele: Mr. Chairman, the final one is the annual --I'm not French. Is the annual operations Green Leaves Third Annual FET Champet Haitian Festival with the City to provide sponsorship, not to exceed three thousand dollars ($3,000), in the form of sound equipment and staging. Chairman Plummer: You have the same problem. Commissioner Teele: To provide support. Chairman Plummer: Support in -kind? Commissioner Teele: In -kind. Chairman Plummer: OK. Commissioner Teele: Not to exceed three thousand five hundred dollars ($3,500). Chairman Plummer: Because if we cosponsor, then that -- if they have policemen, which I'm sure they're going to have to have, and Fire and all of that... Commissioner Teele: And, Mr. Chairman, I would also ask that the City Commissioners consider coming to this event on August 28th. It's a one of a kind, very unique event in the inner city. Chairman Plummer: Where will it be? Commissioner Teele: It's in Little Haiti, right off 76th Street and 1 st Avenue, northeast. Chairman Plummer: I would hope you'd send that memo to all of our offices. Commissioner Teele: I will. It's one of the most unique things that, I think... 429 July 27, 1999 • • Chairman Plummer: All right. Moved by Teele and seconded by Gort. Any further discussion? 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. 99-605 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE THIRD ANNUAL "FET CHAMPET" HAITIAN FESTIVAL, SPONSORED BY OPERATION GREEN LEAVES, TO BE HELD ON AUGUST 28, 1999, AT EARTH `N' US, LOCATED AT 7630 NORTHEAST FIRST AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO PROVIDE IN -KIND SERVICES IN AN AMOUNT NOT TO EXCEED $3,500, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE USE OF THE DEPARTMENT OF PARKS AND RECREATION'S STAGE AND SOUND EQUIPMENT FOR SAID EVENT; SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. 430 July 27, 1999 • • 94. AMEND R-99-429 - GRANT APPLICATION - 5 YEAR`(1999-2004) CONSOLIDATED PLAN - RECOMMENDED FUNDING PROJECTIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME -.INVESTMENT PARTNERSHIPS;. EMERGENCY SHELTER GRANT (ESG), HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) - TO USHUD [See sections Nos.1, 12, 541 Chairman Plummer: Are you anywhere near ready? Mr. Alejandro Vilarello (City Attorney): Commissioner Plummer, we do need to go back to Item 3, a related resolution. Chairman Plummer: All right. Item 3. Which is Item 3? Mr. Vilarello: On last Tuesday, the City Commission adopted the 5-Year Consolidated Plan Revisions or -- the 5-Year Consolidated Plan. Chairman Plummer: Oh, you're saying Item 3 of the agenda? Mr. Vilarello: Item 3 of the agenda. Chairman Plummer: Oh, I'm sorry. There are revisions and they have been provided to us. Mr. Vilarello: And they are now incorporated in a resolution, which I would like the City Commission to consider. Note for the Record: The City Attorney read resolution title into the record. Mr. Vilarello: And what was incorporated by reference, within the resolution, is the modifications to the 5-Year Consolidated Plan, which this City Commission asked for last Tuesday. Chairman Plummer: All right. Do we need to take action on that? Mr. Vilarello: It would be a resolution amending... Chairman Plummer: City Attorney is asking that it be a resolution. Mr. Vilarello: ...99-429. Commissioner Teele: So moved. Chairman Plummer: It is moved by Teele. Commissioner Sanchez: Second. Chairman Plummer: Seconded by Sanchez. All in favor say "aye." The Commission (Collectively): Aye. 431 July 27, 1999 Chairman Plummer: Opposition? Show it unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-606 A RESOLUTION OF THE MIAMI CITY COMMISSION 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 ("PLAN"), WHICH RECOMMENDED FUNDING PROJECTIONS FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIPS ("HOME"), EMERGENCY SHELTER GRANT ("ESG") AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAMS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (US HUD), (2) FUNDING CATEGORIES IN ACCORDANCE WITH SAID PLAN, AND (3) THE CITY MANAGER, UPON APPROVAL OF SAID PLAN AND GRANTS BY US HUD, TO ACCEPT THE SAME AND EXECUTE THE NECESSARY IMPLEMENTING AGREEMENTS WITH US HUD, THEREBY MODIFYING SAID CONSOLIDATED PLAN AND SAID RESOLUTION TO INCLUDE DIRECTIVES AND REVISIONS AS MORE PARTICULARLY SET FORTH HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by 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. 95. DISCUSSION - CHARTER AMENDMENTS =.CITY ATTORNEY REQUEST RECESS TO ALLOW HIM TIME TO REVIEW DOCUMENTS. Mr. Alejandro Vilarello (City Attorney): With regard to the Charter Revision questions, I do need an opportunity to review them. At this point, they have been completed. However, I do need an opportunity to review the documents, so I would ask the City Commission to take a recess of at least one hour so that I can review those documents. 432 July 27, 1999 E Chairman Plummer: What? Mr. Vilarello: You're right, Commissioner. I should have asked for a recess of an hour and a half because we have seven questions, which are coming before the City Commission and I need to review them. Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Chairman, I am going to have to leave here at 7 o'clock. My father expired this morning at I I o'clock and -- I mean, I got the call while I was in here, so -- you know, I'm... Commissioner Sanchez: My condolences. I'm sorry. Commissioner Teele: ... mentally ready to leave, as I have been for about a half a day, so I just want to be on notice. Because I know that if I'm not here and don't vote on something, the press will -- it'll read differently, but I do want to put that on the record. I am going to have to leave. Chairman Plummer: Sir, you should leave now. Commissioner Teele: Well, as an undertaker, you would take that view. But my mother asked me to stay here and finish and then come right home, to Tallahassee. Chairman Plummer: All right. What do I do? Commissioner Teele: Give us a recess. Commissioner Regalado: Commissioner Sanchez has to leave. Commissioner Teele should leave and... Chairman Plummer: I'm at your pleasure. Vice Chairman Gort: Come back later. Commissioner Teele: If we could be back here at 6:30, I mean, that would... Chairman Plummer: Yeah, but... Mr. Vilarello: Commissioner, I certainly will use my best efforts to get back at 6:30. Commissioner Teele: But can't we start? I mean, we don't have to have every one of them. Can't we go through... Mr. Vilarello: Commissioner, the documents have been modified. Chairman Plummer: After he's put that on the record, there's no way. You know... Mr. Vilarello: I personally need to review the modifications. Chairman Plummer: I'm asking the Commission, what is your pleasure? 433 July 27, 1999 Commissioner Teele: What time do you want us to come back? Commissioner Sanchez: Seven. Chairman Plummer: He's saying 7 o'clock, an hour. Mr. Vilarello: I asked for an hour. If 6:30 is the time necessary so you all can consider the questions, I'll certainly use my best efforts to be done by 6:30. Commissioner Teele: Can we come back at 6:30? Chairman Plummer: Sir, what is the pleasure of the Commission? Vice Chairman Gort: Come back at 6:30. Commissioner Regalado: Six -thirty. Chairman Plummer: Come back at 6:30? All right. We'll come back at 6:30. Is that today? THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 5:43 P.M. AND RECONVENED AT 6:54 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT VICE CHAIRMAN GORT. 96. SCHEDULE MEETING AUGUST 16TH. IN THE EVENT. MAYOR, VETOES CHARTER AMENDMENT(S). Commissioner Teele: Mr. Chairman, there's one procedural matter that I would like to take up. Chairman Plummer: Could you wait one minute? Commissioner Teele: Yes, sir. Chairman Plummer: Mr. Teele, you have the floor. Commissioner Teele: Mr. Chairman... Chairman Plummer: Wait a minute. Wait a minute. Hold on. The City Attorney is shaking his head. What are you telling me? Mr. Alejandro Vilarello (City Attorney): Everything but the first question. Chairman Plummer: OK. Mr. Teele, you have the floor. Commissioner Teele: Mr. Chairman, there's a procedural issue that I think we should resolve before we take this up. Chairman Plummer: All right, sir. 434 July 27, 1999 • 1• Commissioner Teele: The Charter and the Commission got into this very awkward quagmire about a year ago involving who calls Commission meetings and for what purpose they can be called, etcetera. Recognizing that there is the authority of the Mayor to veto any action that we take on this matter and recognizing, Madam Clerk, that he has, I think, 10 days to act on any veto, what is the latest -- what is the soonest date that the Commission can call a meeting now to consider the Mayor's veto, should the Mayor issue a veto? Chairman Plummer: Within 10 days after. Commissioner Sanchez: Of which date? Chairman Plummer: No. Wait a minute. Excuse me. Commissioner Teele: What's the date J.L.? That's the only... Chairman Plummer: I'm sorry. If a veto, then he has 10 days after we act. I assume, let's say today. So, that would take us to the 12th of August. How soon can the Commission? I would assume they could call it on the 13th, 14th or any day they want. Note for the Record: At this point, Vice Chairman Gort entered the Commission Chambers at 6:54 p.m. Commissioner Teele: Well, what I would like to do is, I would like to call the Commission meeting by motion today. And the reason being is that, before we got into this thing -- you know, the Commission can't petition for a meeting apparently or whatever it is or whatever it isn't. I respect the fact that you have some grave ambivalence about some of these things, Mr. Chairman, and I certainly don't want the pressure of having to call a meeting to be placed on you. I think it would be much better if the Commission shoulders that responsibility as a group. That would be extremely unfair to you in this circumstance. Chairman Plummer: All right. Mr. City Attorney, is my calculation wrong? Mr. Vilarello: It would be 10 days from the adjournment of this meeting. Chairman Plummer: Which would put it on the 12th. What day of the week is that? Mr. Vilarello: That's a... Commissioner Teele: That's a Thursday. Mr. Vilarello: That's a Thursday. Commissioner Teele: What about the following Monday? Mr. Vilarello: My recommendation is that you at least allow for a couple of days. Mondaywould be fine. Chairman Plummer: All right. Monday -- can I recommend, for my convenience, 5 o'clock? Commissioner Teele: Five p.m.? Sure. Is that -- but I just want to snake sure that the date is satisfactory with Commissioner Gort. 435 July 27, 1999 • • Chairman Plummer: So, that's the 15th? Commissioner Sanchez: It takes... Mr. Vilarello: August 16th. Commissioner Teele: August 16th. Chairman Plummer: August 16th. Commissioner Sanchez: Mr. Chairman? Chairman Plummer: If necessary. Yes. Commissioner Sanchez: I think that, to do this legally, we would have three Commissioners' request for... Commissioner Regalado: No, no. Commissioner Teele: No. Commissioner Sanchez: No. Commissioner Regalado: We can do it by motion now. Chairman Plummer: No, no. We're setting it now. Commissioner Sanchez: Oh, we could do it by motion? Commissioner Teele: Uh-huh. Chairman Plummer: We're avoiding that. Commissioner Sanchez: OK. Learn something new every day. Chairman Plummer: All right. There is a motion made by Commissioner Teele. Seconded by... Commissioner Regalado: Second. Chairman Plummer: ...Commissioner Regalado. Commissioner Teele: August 16th at 5 p.m. at City Hall. Chairman Plummer: All right. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show it unanimous. 436 July 27, 1999 • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 99-607 A MOTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL MEETING IN THE EVENT THAT MAYOR CAROLLO VETOES LEGISLATION PASSED AND ADOPTED ON THIS DAY IN CONNECTION WITH PROPOSED CHARTER AMENDMENTS; FURTHER STIPULATING THAT SAID SPECIAL MEETING OF THE CITY COMMISSION, IF NECESSARY, WOULD BE HELD ON MONDAY, AUGUST 16, 1999 AT 5 P.M. IN CITY HALL. 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. 97. CONDOLENCE WISHES TO COMMISSIONER. TEELE FOR FATHER'S PASSING AWAY TODAY - CONTRIBUTIONS TO OVERTOWN..OPTIMIST CLUB INSTEAD OF FLOWERS. Chairman Plummer: Two things. In reference to the passing of Mr. Teele's father in Tallahassee, it is his request that anyone who would like that flowers be omitted and that contributions be made to the Overtown Optimist Club. Mr. Sanchez will be the collector of the funds, which, then, will be turned over to Commissioner Teele to make the presentation for that. Commissioner Sanchez: And they could drop it off in my office. Chairman Plummer: They could drop it off in Commissioner Sanchez' office, which I've already taken care of. 98. COMMENDATION TO. MARIA _ "JOSIE" ARGUDIN,, ASSISTANT CITY CLERK, FOR GOOD WORK PERFORMANCE. . Chairman Plummer: The other thing is, I think that we need to congratulate Josie. Josie has sat in for the first time as a full-fledged Clerk and you've done one great job. And I think we owe you a debt. (applause) No raise in pay. Are there any other matters to come before this august body in August? Commissioner Sanchez: Mr. Chairman, how are we going to do this? Commissioner Teele: As fast as possible, I hope. 437 July 27, 1999 • • Commissioner Sanchez: Yes. Chairman Plummer: Well, we're all but item one, is what I understand. Commissioner Sanchez: Which one is item one? Chairman Plummer: Is what we're waiting for, is that correct? Commissioner Teele: But can't we take up the others? Mr. Vilarello: Yes. Chairman Plummer: Yes. 99. PROPOSED CHARTER . AMENDMENT NO. 3: ESTABLISH POSITION OF INDEPENDENT AUDITOR GENERAL AND THE OFFICE FOR SAME. Chairman Plummer: Mr. City Attorney, why don't you walk us through this. The first one, then, would be Amendment 2. Mr. Alejandro Vilarello (City Attorney): Amendment 2 is before you, as presented earlier today, with the set -- with a modification to the question and the deletion of the word -- of a word from the question so that it fully complies with the legal requirements of Florida Statutes. Chairman Plummer: Moved by... Commissioner Teele: What item is this? Chairman Plummer: This Amendment Number 2. Mr. Vilarello: This is the Independent Auditor General. Chairman Plummer: It's the Independent Auditor item. Commissioner Teele: Mr. Chairman, I would move it. Chairman Plummer: Moved by Teele. Seconded by... Commissioner Regalado: Second. Chairman Plummer: By Regalado. Is there any discussion? Call the roll. 438 July 27, 1999 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-608 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 3, TO ESTABLISH AND CREATE, COMMENCING JANUARY 1, 2000, THE POSITION OF AN INDEPENDENT AUDITOR GENERAL AND THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL; MORE PARTICULARLY BY CREATING SECTION 48 OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. (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. Commissioner Teele: Mr. Chairman, I would move that that item be designated as Item 3 on the ballot. Item 1 being the Executive Mayor issue. Item 2 being the Term Limitation issue for the Commission and the Mayor. Chairman Plummer: Without objection? Commissioner Regalado: Without. 439 July 27, 1999 0 Commissioner Sanchez: None. Chairman Plummer: OK. So, this, then, becomes Item 3. Commissioner Teele: You need a motion and a seconder,.I think. Chairman Plummer: All right. But wait a minute. I'm trying to get my papers straight. And, then, the one in reference to term limits becomes item... Commissioner Regalado: Two. Chairman Plummer: Item 2. Commissioner Sanchez: Commissioner Teele moves and I second. Chairman Plummer: OK. Then, for numbering, we're exchanging -- we're making the Auditor General Item 3. We're now going to make Term Limits Item Number 2. Commissioner Sanchez: Two. Chairman Plummer: And, then, would the Auditor General become number 7? I guess it has to. Mr. Vilarello: No. Commissioner Teele: The Auditor General, it would be Item Number 3... Chairman Plummer: All right. Commissioner Teele: ...on the ballot. Number 3 on the ballot. Mr. Vilarello: Commissioner, I have put Charter Amendment numbers next to it for purposes of identification. This City Commission determines their placement on the ballot. As I understand it, the one that you just adopted, with regard to the Independent Auditor General, there has been an acquiescence that that item be called Charter Amendment Number 3. Commissioner Regalado: Three. Chairman Plummer: Three. Mr. Vilarello: And as you adopt each of these, you should assign a number to it. 100(A) NO.4: TO -ELIMINATE REQUIREMENT OF.REFERENDUM FOR SALE OR LEASE OF NON - WATERFRONT,. CITY -OWNED PROPERTY WHEN VALUE OF SAME IS $500,000 OR LESS; Chairman Plummer: OK. All right. The next item for identification is -- by the City Attorney is item -- Amendment Number 3, and that relates to the sale or lease of non -waterfront, City Owned Property. 440 July 27, 1999 Commissioner Teele: So moved. Chairman Plummer: Moved by Commissioner Teele. Commissioner Regalado: That would be number four. Chairman Plummer: Seconded by... Commissioner Regalado: Second. But that would be number four on the ballot. Chairman Plummer: That would be number four, OK. Call the roll. Ms. Maria J. Argudin (Assistant City Clerk): I'm sorry, Mr. Chairman. We didn't catch the mover and the seconder. Chairman Plummer: Pm sorry? Ms. Argudin: We didn't catch who moved and who seconded. Chairman Plummer:. Moved by Teele. Seconded by Regalado. 441 July 27, 1999 i The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-609 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 4, TO (1) MAKE MANAGEMENT AGREEMENTS WITH FOR -PROFIT COMMERCIAL ENTITIES SUBJECT TO THE REQUIREMENTS OF SECTION 29-B OF THE CHARTER; (2) ELIMINATE THE REQUIREMENT OF A REFERENDUM FOR THE SALE OR LEASE OF NON - WATERFRONT, CITY -OWNED PROPERTY, OR THE EXECUTION OF A MANAGEMENT AGREEMENT WITH A COMMERCIAL, FOR -PROFIT ENTITY ON NON -WATERFRONT, CITY -OWNED PROPERTY WHEN THE VALUE OF THE PROPERTY IS FIVE HUNDRED THOUSAND DOLLARS ($500,000) OR LESS, AS DETERMINED BY AN APPRAISAL PERFORMED BY A STATE - CERTIFIED APPRAISER; AND (3) EXEMPT THE EXECUTION OF MANAGEMENT AGREEMENTS WITH NOT -FOR -PROFIT ENTITIES FROM ANY COMPETITIVE BIDDING REQUIREMENTS; MORE PARTICULARLY BY AMENDING SECTION 2-13 OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 4 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 442 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. 100 (B) NO. 5: TO EXEMPT: FROM PROVISIONS OF SEC. _29=B THE CONVEYANCE OF CITY - OWNED NON -WATERFRONT PROPERTY TO :ADJACENT PROPERTY OWNER WHEN SUBJECT PROPERTY IS 7,500 SQUARE FEET ORLESS OR WHEN SAME ISNOT BUILDABLE; Chairman Plummer: The next one is going to be Item Number 5, and that is in reference to Waiving Competitive Bidding on existing leases, subject to extensions, providing fair return to the City. Do we need to read this in its entirety, Mr. City Attorney? Mr. Vilarello: No. It's a resolution. Chairman Plummer: All right. Is there a motion? Commissioner Teele: So... Mr. Vilarello: It is before you, with no changes, as it was presented this morning. Commissioner Teele: So moved. Chairman Plummer: Moved by Teele. Seconded by... Vice Chairman Gort: Second. Chairman Plummer: ...Gort. Call the roll. Mr. Vilarello: Commissioner, before you call the roll. Chairman Plummer: Wait a minute. Hold on. Mr. City Attorney. Mr. Vilarello: This was identified as Item Number 5. Chairman Plummer: It now becomes number five. Mr. Vilarello: Stays number five? 443 July 27, 1999 • • Chairman Plummer: Yes. Commissioner Teele: Ballot Item Number 5. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-610 . A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 5, TO: (1) EXEMPT FROM THE PROVISIONS OF SECTION 29-B THE CONVEYANCE OF CITY -OWNED NON - WATERFRONT PROPERTY TO AN ADJACENT PROPERTY OWNER WHEN THE SUBJECT PROPERTY IS 7,500 SQUARE FEET OR LESS OR WHEN THE CITY -OWNED PROPERTY IS NOT BUILDABLE, AND (2) AUTHORIZE THE CITY COMMISSION TO WAIVE ALL COMPETITIVE BIDDING REQUIREMENTS WHEN EXTENDING AN EXISTING LEASE, SUBJECT TO SAID EXTENSION PROVIDING A FAIR RETURN TO THE CITY BASED ON TWO (2) INDEPENDENT APPRAISALS; MORE PARTICULARLY BY AMENDING SECTION 29-B OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 5 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 444 July 27, 1999 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 100 (C) NO. 6: TO REQUIRE THE, INVOLVEMENT OF PUBLIC HAVING -EXPERTISE IN FIELD OF REAL ESTATE" DEVELOPMENT` OR RELATED ,TECHNICAL AREAS 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); Chairman Plummer: The next item, which will be known as Amendment 6, is a Unified Development Project, particularly, the competitive process for unified development, to be conducted as a single request for proposals. Will be Amendment 6. Is there a motion? Commissioner Teele: So moved. Vice Chairman Gort: Move it. Chairman Plummer: Moved by Gort. Seconded by Teele. Call the roll. Mr. Vilarello: I'm sorry, Commissioner. Which... Chairman Plummer: I'm sorry. Mr. Vilarello: Which item? Chairman Plummer: This is now going to be item six... Mr. Vilarello: Which was identified as? Chairman Plummer: ...which you had as five. Commissioner Sanchez: Which — which one is this? 445 July 27, 1999 The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-611 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 6, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO (1) REQUIRE THE INVOLVEMENT OF MEMBERS OF THE PUBLIC HAVING EXPERTISE IN THE FIELD OF REAL ESTATE DEVELOPMENT OR RELATED TECHNICAL AREAS AND/OR WHO RESIDE WITHIN THE VICINITY OF A PROPOSED UNIFIED DEVELOPMENT PROJECT SITE IN PROVIDING INPUT TO THE CITY MANAGER CONCERNING A PARTICULAR UNIFIED DEVELOPMENT PROJECT; (2) ALLOW THE COMPETITIVE PROCESS FOR A UNIFIED DEVELOPMENT PROJECT TO BE CONDUCTED AS A SINGLE REQUEST FOR PROPOSALS PROCESS AND/OR AS A TWO STEP PROCESS PROVIDING FOR THE PREQUALIFICATION OF PROPOSERS; MORE PARTICULARLY BY AMENDING SECTION 29-A OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 6 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY FO THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 446 July 27, 1999 i • (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. 100 (D) NO. 7: TO EXEMPT FROM 29-B AND COMPETITIVE BID REQUIREMENTS THE SALE OR LEASE OF COUNTY DELINQUENT TAX, LAND PROPERTY ACQUIRED BY= COUNTY WHICH HAS BEEN CONVEYED TO CITY. Chairman Plummer: Now will be known as Item 7 is the sale or lease of delinquent properties, to get them back on the tax rolls. Moved by... Vice Chairman Gort: Move it. Chairman Plummer: By Gort. Seconded by... Commissioner Teele: Teele. Chairman Plummer: ...Teele. Is there any discussion? Call the roll. 447 July 27, 1999 • 0 The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 99-612 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 7, TO EXEMPT FROM THE PROVISIONS OF SECTION 29-B AND FROM COMPETITIVE BIDDING REQUIREMENTS THE SALE OR LEASE OF COUNTY DELINQUENT TAX LAND PROPERTY ACQUIRED BY MIAMI- DADE COUNTY WHICH HAS BEEN CONVEYED TO THE CITY BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- DADE COUNTY UNDER THE PROVISIONS OF SECTION 197.592, FLORIDA STATUTES (1997); MORE PARTICULARLY BY AMENDING SECTION 29-B OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 7 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. (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. 448 July 27, 1999 • • 101. PROPOSED CHARTER AMENDMENT NO. 2: PROVIDE FOR TERM LIMITS FOR MAYOR AND COMMISSIONERS -COMMENCING WITH NOVEMBER 2001. Chairman Plummer: Item -- this would be -- the next one is eight? Commissioner Teele: Mr. Chairman, I would move Item Number 2, which is... Chairman Pluminer: Wait, wait, wait. Hold on here. Commissioner Sanchez: That's been moved already. Chairman Plummer: Oh, OK. Commissioner Teele: Which is... Chairman Plummer: Now is the consecutive terms. Commissioner Teele: Item Number 2 is the term limits Chairman Plummer: OK. Commissioner Sanchez: Second. I thought that... Chairman Plummer: Moved by... Commissioner Teele: I apologize. Commissioner Sanchez: No, no. Commissioner Teele: Let me do this. Let me allow someone else to make that motion. I know that, Commissioner Sanchez. Commissioner Sanchez: I would make that motion. I would move the term limits. Chairman Plummer: All right. Moved by Sanchez. Seconded by... Commissioner Teele: Teele. Chairman Plummer: ...Teele. Mr. Alejandro Vilarello (City Attorney): Commissioner... Chairman Plummer: Mr. City Attorney. Mr. Vilarello: Since this is an item that was not brought up earlier in its final form, I'd like to at least read the question into the record. And the question, as stated is, "Shall the Charter Amendment Number 2 be adopted, providing limits on the term of office of the Mayor and City Commissioners, whereby commencing with the election of November 2001 and all elections subsequent thereto, the Mayor and any City 449 July 27, 1999 • Commissioner, elected and qualified for two consecutive full terms shall not be eligible for re-election in the next succeeding term." Chairman Plummer: Now, hold on. Excuse me. I'm sorry. For clarification, I have this one here "that's the limits on the terms in office," which is different than this one here. I have two different resolutions... Mr. Vilarello: You have... Chairman Plummer: ...speaking to the same subject. Mr. Vilarello: Well, you have one, which is a directory resolution that directs me to create the question, and the second one is actually the question. Chairman Plummer: All right. Mr. Vilarello: The short one is the directory resolution. Chairman Plummer: That's the one that directs you? Mr. Vilarello: The longer caption. Which is done and approved, and that was done this morning. Chairman Plummer: The longer one is the actual, correct? Mr. Vilarello: Correct. Chairman Plummer: OK. And that was moved by Sanchez and was, in fact... Commissioner Teele: Teele. Chairman Plummer: By Teele seconded. Call the roll. 450 July 27, 1999 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-613 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2, PROVIDING FOR, COMMENCING WITH THE ELECTION OF NOVEMBER 2001, LIMITS ON THE TERMS IN OFFICE OF THE MAYOR AND CITY COMMISSIONERS; MORE PARTICULARLY BY AMENDING SECTIONS 4 OF SAID CHARTER AND CONFORMING ANY OTHER SECTIONS TO INCORPORATE THE CHANGES CONTAINED HEREIN; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. (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. 451 July 27, 1999 102. PROPOSED CHARTER ' AMENDMENT' NO. 1: PROVIDE FOR STRONG MAYOR - COMMISSION FORM OF GOVERNM ' NT> Chairman Plummer: Item Number 1, which you now have in front of you, is the one in reference to the Strong Mayor form of government. Mr. Alejandro Vilarello (City Attorney): If I can summarize briefly the modifications that we have made from this morning? Commissioner? Chairman Plummer: Go ahead. Mr. Vilarello: The initial mayoral election is changed from a plurality to a majority vote. The Mayor shall appoint only the Chair and Vice Chair of standing committees, as opposed to all boards and commissions. The Mayor cannot create positions on his staff without budgetary approval of the City Commission. Tile Mayor may appoint department directors with the City Commission consent, but may remove without its consent. The Mayor has a right to submit items to be placed on the agenda, but the agenda will be prepared as directed by ordinance. Term limits have been placed in a separate question, as we mentioned before. And, of course, there's the selection of the Chair and the Vice Chair of the City Commission, is at the will of the City Commission, Chairman Plummer: Motion understood? Is there a motion? Commissioner Regalado: Move it. Chairman Plummer: Moved by Regalado. Commissioner Sanchez: Second. Chairman Plummer: Seconded by Sanchez. OK. Commissioner Regalado: This is item number one, right? Chairman Plummer: This would be Amendment Number 1. Commissioner Regalado: Yes. Question number one. Chairman Plummer: OK. Now, before we call the roll, I'm going to make a short statement. My statement's going to be very brief. I'm putting this up to the electorate to make a decision. It is firmly, in my convince, that if we don't do something now, this matter is going to fester and get worse. This way, it will be in November. It will be behind us one way or the other, either up or down, but it will be behind us. Any further discussion? Hearing none, call the roll. [COMMENTS MADE DURING ROLL CALL] Commissioner Teele: Yes, and I thank you for your attention. Thank you, Mr. Chairman. Vice Chairman Gort: Just state once again my congratulations to you and your Assistant Clerk. You've done a wonderful job today and a very difficult. Commissioners, at the same time, I'd like to explain that 452 July 27, 1999 the -- one of the reasons I like to do this, like J.L. stated before, you have a petition going out there, which petition is -- we don't have anything to do with it -- and if 18,000 signatures get approved, that petition will go to the ballot. Yes. Chairman Plummer: And my further comment is very simple, and I'm going to put this on the record whether somebody likes it or not. Many people are saying that this is a personality contest and, for some, it may be. But for this Commissioner, it is not. It is not a personality contest. This is an issue, which we asked a reform -- a Charter Reform Committee to go forth. They did their job. They came back. And, as far as I'm concerned, my vote is strictly predicated on this as an issue, not in personalities. Is there any fiirther action to come before this... Ms. Argudin: Chairman Plummer, you're voting... Chairman Plummer: I voted yes. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 99-614 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, PROVIDING FOR, COMMENCING MARCH 14, 2000, ON WHICH DATE AN ELECTION FOR MAYOR SHALL BE HELD ESTABLISHING 1) A "STRONG MAYOR -COMMISSION" FORM OF GOVERNMENT WHEREBY THE MAYOR IS CHIEF EXECUTIVE OFFICER OF THE CITY OF MIAMI, ACQUIRING POWERS AND DUTIES PREVIOUSLY VESTED IN THE CITY MANAGER AND ACQUIRING CERTAIN OTHER POWERS, AND 2) THE SUCCESSION OF THE OFFICE OF THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 3, 4, 17, 20, 21, 22-A, 24, 25, 26, 27, 28, 29-A, 30, 41 AND 42, AND REPEALING SECTIONS 15 AND 16 IN THEIR ENTIRETY, OF SAID CHARTER AND CONFORMING ANY OTHER SECTIONS TO INCORPORATE THE CHANGES CONTAINED HEREIN; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 453 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. Chairman Plummer: This Commission stands adjourned, with a potential meeting of August the 16th at 5 p.m., if necessary. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:09 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK r JOE CAROLLO MAYOR 454 July 27, 1999