HomeMy WebLinkAboutCC 1999-09-21 Minutes1
L,,L.,ITY OF MIAMI
Li
COMMISSION
MINUTES
OF MEETING HELD SEPTEMBER 21, 1999
PREPARED BY THE OFFICE OF THE CITY CLERKICITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF REGULAR COMMISSION MEETING
SEPTEMBER 21,1999
ITEM NO. SUBJECT LEGISLATION
1.
DISCUSSION CONCERNING:
9/21/99
(A) PROBLEMS ASSOCIATED WITH RAVE CONCERT
DS CUSSION
HELD AT DINNER KEY AUDITORIUM — DRUG ABUSE;
(See sec. # 4)
(B) TREE TRIMMING REQUESTS NOT HANDLED PRIOR
TO HURRICANE FLOYD;
(C) FLOODING CONDITIONS IN NORTHEAST [See
Section # 13)
2.
PRESENTATIONS AND PROCLAMATIONS
9/21/99
(A) CHECK AND PLAQUE FROM CHARLIE DELUCA,
DISCUSSION
DADE AMATEUR GOLF ASSOCIATION;
(B) MATHIEU FAMILY FOR ACHIEVEMENTS IN
EDUCATION DESPITE LIMITED FUNDS;
(C) JAZZIN DIAZ, SUMMER INTERN IN COMMISSIONER
SANCHEZ'S OFFICE.
3.
(A) DISCUSSION re FUNDS FOR CULTURAL ARTS -
9121/99
GLOBE FACILITY — PURCHASING FROM LOCAL
DISCUSSION
VENDORS — CODE COMPLIANCE — IMPOUNDMENTS
7-14
LOTS UNDER 1-95 — EXPENDITURE OF FUNDS PER
NEIGHBORHOODS;
(B) CONSENT AGENDA
3.1
ACCEPT BID: BENSON ELECTRIC, INC., FOR "CITY
9/21/99
OF MIAMI CEMETERY SECURITY LIGHTS PROJECT
R 99-626
B6318," ($53,961).
14
3.2
ACCEPT BID: CENTRAL CONCRETE SUPERMIX,
9/21199
INC., FOR PROCUREMENT OF READY -MIX
R 99-627
CONCRETE, AS -NEEDED CONTRACT FOR ONE YEAR,
15
FOR DEPARTMENT OF PUBLIC WORKS, ($79,552).
3.3
APPROVE PURCHASE OF VEHICLE LOCATION
9/21/99
SYSTEM FROM TELETRAC, INC., UTILIZING
R 99-628
EXISTING STATE OF FLORIDA SNAPS AGREEMENT,
15
FOR DEPARTMENT OF SOLID WASTE, ($53,000).
3.4
APPROVE PROCUREMENT OF BULK LIQUID
9121/99
CHLORINE AND RENTAL OF CHLORINE STORAGE
R 99-629
TANKS, FOR DEPARTMENT OF PARKS AND
15
RECREATION UTILIZING FLORIDA INTERNATIONAL
UNIVERSITY CONTRACT WITH COMMERCIAL
ENERGY SPECIALIST, INC., ($29,000); ALLOCATING
FUNDS FROM PARKS AND RECREATION, OPERATING
BUDGET.
3.5
AUTHORIZE FUNDING OF COCONUT GROVE
9/21/99
PLAYHOUSE, 2000 IN -SCHOOL TOURING PROGRAM,
R 99-630
FOR DEVELOPMENT AND PRODUCTION OF PLAY
16
TO EDUCATE YOUTH ABOUT DANGER, VIOLENCE
AND CONSEQUENCES ASSOCIATED WITH GUNS,
($100,000); ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND.
3.6
AUTHORIZE FUNDING OF FLORIDA FILM
9/21/99
INSTITUTE, INC., ALLOCATE FUNDS, ($50,000), FROM
R 99-631
THE LAW ENFORCEMENT TRUST FUND.
16
3.7
AUTHORIZE FUNDING OF COOL SCHOOL
9/21/99
PROGRAM, ALLOCATE FUNDS, ($42,000), FROM THE
R 99-632
LAW ENFORCEMENT TRUST FUND.
16
3.8
AUTHORIZE FUNDING OF MODEL CITY CRIME
9/21/99
PREVENTION SUB -COUNCIL, ALLOCATE FUNDS
R 99-633
($15,500), FROM LAW ENFORCEMENT TRUST FUND.
17
3.9
AUTHORIZE FUNDING OF DADE-MIAMI CRIMINAL
9/21/99
JUSTICE COUNCIL, ALLOCATE FUNDS, ($35,000),
R 99-634
FROM LAW ENFORCEMENT TRUST FUND.
17
3.10
AUTHORIZE FUNDING OF AFROVISION, INC., IN
9/21/99
PARTNERSHIP WITH CNH, INC., FOR "COMMUNITY
1 �99-635
PERSONAL AWARENESS PROGRAM'; ALLOCATE
FUNDS, ($10,000), FROM LAW ENFORCEMENT TRUST
FUND.
3.11
AUTHORIZE FUNDING OF THE M. ATHALIE RANGE
9/21/99
CULTURAL ARTS FOUNDATION, INC., ALLOCATE
R 99-636
FUNDS, ($25,000), FROM LAW ENFORCEMENT TRUST
18
FUND.
3.12
AUTHORIZE MANAGER TO EXECUTE PERMIT
9/21/99
AGREEMENT, WITH MIAMI-DADE COUNTY
R 99-637
DEPARTMENT OF ENVIRONMENTAL RESOURCES
18
MANAGEMENT (DERM) FOR WAGNER CREEK
RETROFFITING PROJECTS.
3.13
AUTHORIZE ALLOCATION OF $19,355.49 FROM
9/21/99
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
R 99-638
FOR REHABILITATION OF CENTRO CUBANO
18
SHOPPING CENTER SERVING 14 BUSINESSES
LOCATED IN THE LITTLE HAVANA TARGET AREA,
IN CONJUNCTION WITH THE COMMERCIAL CODE
COMPLIANCE PROGRAM, SAID ALLOCATION
REPRESENTING 70% OF THE TOTAL COST, 30% TO BE
PROVIDED BY THE PROPERTY OWNER.
3.14
AUTHORIZE ALLOCATION OF $21,000 FROM THE
9/21/99
24TH YEAR COMMUNITY DEVELOPMENT BLOCK
R 99-639
GRANT FUNDS FOR REHABILITATION OF 19
19
BUSINESSES LOCATED IN THE LITTLE HAVANA
AREA IN CONJUNCTION WITH THE COMMERCIAL
FACADE PROGRAM, SAID ALLOCATION
REPRESENTING 70% OF THE TOTAL COST, 30% TO BE
PROVIDED BY THE PROPERTY OWNER.
3.15
AUTHORIZE BAYFRONT PARK MANAGEMENT
9/21/99
TRUST TO ISSUE A REQUEST FOR PROPOSALS (RFP)
R 99-640
TO PROVIDE RECOMMENDATIONS FOR
19
MODERNIZATION AND UPGRADING OF THE
MARQUEE SIGN AT BAYFRONT PARK.
3.16
AUTHORIZE CAP ON USER FEE AT THE ORANGE
9/21/99
BOWL STADIUM OF $7,500 FOR PROFESSIONAL
R 99-641
SOCCER GAME BETWEEN COLOMBIA AND
19
TRINIDAD, PRESENTED BY INTERFOREVER
SPORTS, INC., -- ORGANIZERS MUST PAY FOR COSTS
OF CITY SERVICES AND FEES, OBTAIN INSURANCE
TO PROTECT THE CITY AND COMPLY WITH
CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY MANAGER OR DESIGNEE.
3.17
AUTHORIZE MANAGER TO EXECUTE AMENDIviENT
9/21/99
TO MANAGEMENT AGREEMENT WITH GLOBE
R 99-642
FACILITY SERVICES, INC., WHICH SHALL PROVIDE
20
FOR ASSIGNMENT FROM GLOBE FACILITY SERVICES,
INC. TO GLOBE FACILITIES LIMITED PARTNERSHIP.
3.18
ACCEPT DONATION, ESTIMATED VALUE OF $25,000,
9/21/99
FROM DADE AMATEUR GOLF ASSOCIATION TO BE
Ro99-643
USED BY THE DEPARTMENT OF PARKS AND
RECREATION FOR PURCHASE OF FURNISHINGS
AND IMPLEMENTATION OF PROGRAMS FOR
PERSONS WITH DISABILITIES, AS BENEFICIARY OF
CITY OF MIAMI GOLF CLASSIC.
3.19
ACCEPT DONATION, ESTIMATED VALUE OF $18,000
9/21199
FROM NIKE CORPORATION AND THE MIAMI HEAT
Ro99-644
FOR DEPARTMENT OF PARKS AND RECREATION TO
RESURFACE TWO (2) BASKETBALL COURTS AT
MOORE PARK.
3.20
ACCEPT DONATION, ESTIMATED VALUE OF $675.00,
9/21/99
FROM FLAGLER MEMORIAL PARK OF 15 LOADS OF
SOIL MATERIAL TO BE USED BY OPERATIONS
2199-645
DIVISION OF DEPARTMENT OF PUBLIC WORKS.
3.21
ACCEPT PLAT: HIGHLAND PARK REPLAT NO.2.
9/21/99
R 99-646
21
3.22
ACCEPTING PLAT: VILLA GLADYS SUBDIVISION.
9/21/99
R 99-647
21
4
DISCUSSION re PROBLEMS ASSOCIATED WITH RAVE
9/21/99
(Z.EN) CONCERT IN COCONUT GROVE CONVENTION
DISCUSSION
CENTER (DINNER KEY AUDITORIUM) -- DRUG ABUSE
21-24
(See section # 1-A)
5
DENY PROPOSED AMENDMENT TO CODE SECTION
9/21/99
50-310, "SHIPS, VESSELS AND WATERWAYS/CITY
M 99-648
MARINAS/COMMERCIAL VESSELS"; TO ALLOW
25-51
CURRENT SIGHTSEEING BOAT DOCKAGE
AGREEMENT HOLDERS OPERATING WITHIN THE
INSIDE BASIN OF MIAMARINA TO OPERATE A
SECOND SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS — ALLOW CELEBRATION
SIGHTSEEING BOAT TO OPERATE A SECOND BOAT
UNDER CERTAIN CONDITIONS — ADMINISTRATION
TO COME BACK WITH PROPOSAL FOR
SETTLEMENT. (See sections # 50 and # 56).
6
FIRST READING ORDINANCE: AMEND CODE
9/21/99
SECTION 54-190 "STREETS AND SIDEWALKS" BY
ORDINANCE
AMENDING, ENTITLED "NONSTANDARD STREET
51-53
WIDTHS," BY MODIFYING THE WIDTH OF FIRST
AVENUE FROM EAST FLAGLER STREET TO
SOUTHEAST SECOND STREET. (See section 75).
7
SCHEDULE BUDGET WORKSHOP FOR SATURDAY,
9/21199
SEPTEMBER 25, 1999 AT 9 A.M. (see section 77).
DISCUSSION
53.55
8
RENAME CURTIS PARK TRACK, LOCATED AT 1901 NW
9/21/99
24TH AVENUE, TO FLORENCE GRIFFITH-JOYNER
M 99-650
TRACK.
55-57
9
APPROVE ALLOCATION OF $100,000 OF COMMUNITY
9/21/99
DEVELOPMENT BLOCK GRANT FUNDS FOR PAYMENT
R 99-651
OF RENOVATIONS THROUGH THE COMMERCIAL
57-58
FACADE PROGRAM; ALLOCATE FUNDS FROM BLOCK
GRANT PROGRAM.
10
TABLE CONSIDERATION OF MR. ALBERT JOHNSON'S
9/21/99
REQUEST AS FOUNDER OF THE COCONUT GROVE
DISCUSSION
JAZZ FESTIVAL, TO PRESENT TO THE COMMISSION
58-59
THE MERITS AND BENEFITS THIS EVENT WILL HAVE
FOR THE CITY OF MIAMI AS PLANNING GETS
UNDERWAY.
11
PERSONAL APPEARANCE BY DAVID RALPH
9/21/99
CONCERNING CONSTRUCTION NOISE _
DISCUSSION
ADMINISTRATION TO MONITOR DECIBEL LEVEL.
59-63
12
COMMENTS BY CHAIRMAN PLUMMER re FIRE ON
9/21/99
FLAGLER STREET.
DISCUSSION
64
13
DISCUSSION re FLOODS IN NORTHEAST AND OTHER
9/21/99
AREAS. (See section # 1).
DISCUSSION
64
14
COMMENTS BY LEE MARKS re COCONUT GROVE
9/21/99
BICYCLE RACE.
DISCUSSION
65-66
15
PRESENTATION BY WEST LITTLE HAVANA NET
9121/99
OFFICE.
DISCUSSION
66-69
16
WITHDRAW AT APPLICANT REQUEST, PERSONAL
9/21/99
APPEARANCE BY RONALD COHEN, ESQ. Re
M 99-652
ATTORNEYS' FEES FOR PABLO CAMACHO LAWSUIT.
69-70
(See section # 1).
17
TABLE CONSIDERATION OF PROPOSED EMERGENCY
9/21/99
ORDINANCE TO AMEND CODE TOWING OF MOTOR
UssloN
DISCUSSION
VEHICLES"; RELATED TO IMMOBILIZATION OF
70-84
VEHICLES (BOOTING) PARKED ON PRIVATE
PROPERTY WITHOUT PERMISSION OR AUTHORITY.
(See section # 51).
18
SECOND READING ORDINANCE: AMEND CODE
9/21/99
SECTION 2-887 AND 2-892 TO ESTABLISH PARKS
ORDINANCE 11833
84-86
ADVISORY BOARD.
19
SECOND READING ORDINANCE: AMEND CHAPTER
9/21199
53/ARTICLE IV, OF THE CODE "CONVENTION CENTER
ORDINANCE 11834
OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI,
JAMES L. KNIGHT," BY CHANGING RATE SCHEDULE
FOR USE AND OCCUPANCY OF AND SERVICES IN
CONNECTION WITH THE MIAMI CONVENTION
CENTER.
20
FIRST READING ORDINANCE: AMEND CODE SECTION
9/21/99
40-88 BY DELETING SUBSECTION (e) IN ITS ENTIRETY
ORDINANCE
-- "PERSONNEL/CIVIL SERVICE RULES AND
88-89
REGULATIONS," TO COMPLY WITH THE MAY 4, 1999
COURT ORDER ISSUED BY THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
RELATIVE TO THE 1977 CONSENT DECREE, BY
AMENDING THE CITY OF MIAMI CIVIL SERVICE
RULES AND REGULATIONS AS THEY PERTAIN TO THE
MANNER OF CERTIFICATION OF ELIGIBLE
INDIVIDUALS FOR PERSONNEL APPOINTMENT.
21
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R 99-653
COMPETITIVE SEALED BIDS, AND APPROVE
89-90
INFORMAL BID OF ALPHA ENGINEERS CORP. FOR
EXCAVATION, REMOVAL AND DISPOSAL OF
CONTAMINATED SOIL LOCATED AT WATSON ISLAND
A/K/A THE FORMER DADE HELICOPTER SITE ($29,711).
22
DIRECT MANAGER TO REVISE THE COMMUNITY
9/21/99
DEVELOPMENT BLOCK GRANT PROGRAM
R 99-654
GUIDELINES IN CONNECTION WITH THE ASSISTED
91-94
SINGLE FAMILY RESIDENTIAL REHABILITATION
GRANT/LOAN PROGRAM; FURTHER AUTHORIZING
THE CITY MANAGER TO IMPLEMENT AND
ADMINISTER THE PROGRAM.
23
APPROVE PROCUREMENT OF APPRAISAL SERVICES
9/21/99
FROM REPUBLIC APPRAISAL COMPANY FOR
R 99-655
APPRAISAL OF 19 MULTIFAMILY RENTAL
95-96
APARTMENT BUILDINGS LOCATED IN
NEIGHBORHOODS OF ALLAPATTAH, LITTLE
HAVANA, MODEL CITY AND OVERTOWN; ALLOCATE
FUNDS ($12,000) FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM TO
DEFRAY THE COST OF SECURING SAID APPRAISAL
REPORTS FOR THE DEPARTMENT OF COMMUNITY
DEVELOPMENT.
24
COMMISSIONER TEELE DIRECTS TO SCHEDULE ON
9/21/99
NEXT AGENDA STATUS OF INSPECTION OF
DISCUSSION
APARTMENT UNITS ON N.W. 61 STREET, MIAMI
96-98
LIMITED (LANDLORD).
25
COMMENTS re REHABILITATION GRANT/LOAN
9/21/99
PROGRAM. (See section # 22)
DISCUSSION
98
26
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9121/99
OF EMERGENCY, WAIVE COMPETITIVE SEALED BIDS,
R99-656
APPROVE THREE MONTH EXTENSION OF
99
AGREEMENT WITH MEDAPHIS, INC., AND ADVANCED
DATA PROCESSING, INC., ("ADP"), TO PROVIDE
EMERGENCY MEDICAL TRANSPORT
BILLING/COLLECTION SERVICES TO THE
DEPARTMENT OF FIRE -RESCUE, ($25,000) PER MONTH,
FOR A TOTAL OF $75,000.
27
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY, APPROVE EXECUTION OF
R 99-657
PROFESSIONAL SERVICES AGREEMENT WITH
100-101
GOVERNMENT SERVICES GROUP, INC., TO
IMPLEMENT, ADMINISTER FIRE ASSESSMENT
PROGRAM FOR FY 1999-2000, ($39,875, PLUS $20,000
CONTINGENCY, TOTAL $59,875), FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATE FUNDS,
28
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY, APPROVE EXECUTION OF
R 99-658
PROFESSIONAL SERVICES AGREEMENT WITH ICF,
101-103
INC., ($36,000), UTILIZING CITY OF NORTH MIAMI
CONTRACT, FOR DEPARTMENT OF FIRE -RESCUE, FOR
THE PROVISION OF MITIGATION PLANNING
SERVICES; ALLOCATE FUNDS.
29
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R 99-659
COMPETITIVE SEALED BIDS, APPROVE FURNISHING
103-104
AND INSTALLATION OF BERMUDA GRASS SOD FOR
FOOTBALL/BASEBALL FIELD AT GIBSON PARK FOR
PARKS AND RECREATION DEPARTMENT, FROM
ROUCO & SONS, INC., ($29,450); ALLOCATE FUNDS
FROM DEPARTMENT OF PARKS AND RECREATION.
30
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY, WAIVE REQUIREMENTS FOR
R 99-660
COMPETITIVE SEALED BIDS, APPROVE FURNISHING
105-106
AND INSTALLATION OF IRRIGATION SYSTEM FOR
FOOTBALL AND BASEBALL FIELDS AT GIBSON PARK
BY A & B IRRIGATION DESIGN & MANAGEMENT INC.,
FOR PARKS AND RECREATION DEPARTMENT,
($37,500); ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROJECT PARK DEVELOPMENT FUND.
31
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY; WAIVE REQUIREMENTS FOR
R 99-661
COMPETITIVE SEALED BIDS, APPROVE
106-107
PROCUREMENT OF LIGHT BARS AND SIRENS, FROM
FEDERAL SIGNAL CORPORATION FOR DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, ($149,115);
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROGRAM, "REPLACEMENT OF CITYWIDE FLEET."
32
RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY, APPROVE PROCUREMENT AND
R 99-662
INSTALLATION OF NEW LOCKERS AT ORANGE BOWL
107-108
STADIUM FOR 1999 FOOTBALL SEASON, UTILIZE
EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE (SNAPS) WITH
GRAINGER, INC., FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES, ($55,000); ALLOCATE FUNDS.
33
ACCEPT BID: MARKS BROTHERS, INC., FOR "ROADS
9/21/99
AREA MEDIAN CURB REPLACEMENT, B4615,"
R 99-663
($201,298); ALLOCATE FUNDS ($201,298 CONTRACT
108-110
COST, $18,632.97 EXPENSES, TOTAL ESTIMATED COST
$219,930.97); AND AUTHORIZE MANAGER TO
EXECUTE CONTRACT.
34
(A) RATIFY, APPROVE, CONFIRM MANAGER'S FINDING
9/21/99
OF EMERGENCY FOR PROVISION OF CUSTODIAL
R 99-664
SERVICES AT MIAMI RIVERSIDE CENTER CITY
110-114
OFFICE BUILDING FOR INITIAL PERIOD FROM JUNE
28, 1999, THROUGH SEPTEMBER 30, 1999, UPON
RESCISSION OF CONTRACT WITH CHI-ADA
CORPORATION ACCEPTING BID OF VISTA BUILDING
MAINTENANCE SERVICES, ($49,269); ALLOCATE
FUNDS.
(B) DISCUSS AND DEFER CONSIDERATION OF BID OF
VISTA BUILDING MAINTENANCE SERVICES, FOR
CUSTODIAL SERVICES FOR MIAMI RIVERSIDE
CENTER CITY OFFICE BUILDING, ($134,500).
35
AUTHORIZE MANAGER TO ISSUE REQUEST FOR
9/21/99
PROPOSALS (RFP) TO OBTAIN QUALIFIED AND
R 99-665
EXPERIENCED FIRMS TO PROVIDE PROFESSIONAL
114-117
ASSISTANCE AND SUPPORT IN DEVELOPMENT OF
INFORMATION TECHNOLOGY STRATEGIC PLAN FOR
INFORMATION TECHNOLOGY DEPARTMENT;
FURTHER AUTHORIZE MANAGER TO SUBMIT
RECOMMENDATIONS TO COMMISSION FOR ITS
REVIEW AND CONSIDERATION.
36
AUTHORIZE MANAGER TO EXTEND PROFESSIONAL
9/21199
SERVICES AGREEMENT WITH LAW FIRM OF
R 99-666
GREENBERG, TRAURIG TO PROVIDE FEDERAL
117-118
GOVERNMENT LOBBYING AND CONSULTING
SERVICES ($100,000), ALLOCATING FUNDS.
37
AUTHORIZE MANAGER TO EXTEND PROFESSIONAL
9/21199
SERVICES AGREEMENT WITH KATZ, KUTTER,
R 99-667
ALDERMAN, HAIGLER, BRYANT & YON TO PROVIDE
118-121
FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES ($100,000), ALLOCATE FUNDS.
38
ALLOCATE $18,000 FOR SPECIAL COUNSEL FOR CIVIL
9/21/99
SERVICE BOARD.
R 99-668
121-122
39
ALLOCATE $18,000 FOR SPECIAL COUNSEL FOR CODE
9/21/99
ENFORCEMENT BOARD,
R 99-669
122-123
40
ALLOCATE $18,000 FOR SPECIAL COUNSEL FOR
9/21/99
NUISANCE ABATEMENT BOARD.
R 99-670
123-124
41
DIRECT MANAGER TO ADVISE INDIVIDUAL, CITY
9/21/99
COMMISSIONERS OF DETAILS OF ANY PROJECT,
R 99-671
REGULATION, ACTIVITY OR ISSUE AFFECTING ANY
124-126
PROPERTY WITHIN THAT COMMISSIONER'S DISTRICT
PRIOR TO CONSIDERATION OF SUCH ITEM BY THE
COMMISSION.
42
AUTHORIZE ATTORNEY TO CONTINUE ENGAGEMENT
9/21/99
OF LAW FIRM OF LEIBOWITZ AND ASSOCIATES, AS
R 99-672
OUTSIDE COUNSEL FOR CABLE TELEVISION ISSUES
126-128
AFFECTING THE CITY OF MIAMI (WITH RESPECT TO
TCI, AT&T OR MEDIAONE) UNTIL THE SUCCESSFUL
COMPLETION OF ONGOING CABLE TELEVISION
FRANCHISE RENEWAL PROCESS; ALLOCATE FUNDS
($50,000).
43
REAPPOINT IVAN BARRETT AS MEMBER OF
9/21/99
AFFIRMATIVE ACTION ADVISORY BOARD.
R 99-673
128-130
44
APPOINT ELOY APARICIO, FLOR MORALES AND
9/21/99
PABLO PEREZ-CISNEROS AS MEMBERS OF THE
R 99-674
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
130-131
BOARD.
45
REAPPOINT SKY SMITH AND RONNIE ARANGO AS
9/21/99
MEMBERS OF COCONUT GROVE STANDING FESTIVAL
R 99-675
COMMITTEE.
132-133
46
APPOINT RUDY DE LA GUARDIA, MARIA HERNANDEZ
9/21/99
AND ROBERT FLANDERS AS MEMBERS OF THE CODE
R 99-676
ENFORCEMENT BOARD.
133-134
47
APPOINT ALBENA SUMNER AS MEMBER OF
9/21/99
COMMISSION ON THE STATUS OF WOMEN.
R 99-677
134-135
48
APPOINT LUIS SABINES AS MEMBER OF LITTLE
9/21/99
HAVANA FESTIVAL COMMITTEE.
R 99-678
135-136
49
(A) APPOINT MARIANNE SALAZAR AS MEMBER OF
9/21/99
MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA);
R 99-679
(B) CONDOLENCE TO FAMILY OF BILL BAYER;
M 99-680
136-146
(C) COMMISSIONER TEELE, AS COMMITTEE OF ONE
TO REVIEW STRUCTURE OF MSEA AND REPORT IN 60
DAYS.
50
DISCUSS AND TABLE CONSIDERATION OF PROPOSED
9/21/99
AMENDMENT TO CODE SECTION 50-310, "SHIPS,
DISCUSSION
VESSELS AND WATERWAYS/CITY
146-149
MARINAS/COMMERCIAL VESSELS'; TO ALLOW
CURRENT SIGHTSEEING BOAT DOCKAGE
AGREEMENT HOLDERS OPERATING WITHIN THE
INSIDE BASIN OF MIAMARINA TO OPERATE A
SECOND SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS. (see sections # 5 and # 56)
51
DISCUSS AND DEFER CONSIDERATION OF PROPOSED
9/21199
AMENDMENT TO CODE TO PROVIDE FOR
M 99-681
IMMOBILIZATION OF VEHICLES (BOOTING CARS)
149-168
PARKED ON PRIVATE PROPERTY WITHOUT
PERMISSION OR AUTHORITY. (see section # 17)
52
DISCUSS AND TABLE CONSIDERATION OF PROPOSED
9/21/99
NON-EXCLUSIVE FRANCHISE AGREEMENT FOR
DISCUSSION
COMMERCIAL TRASH HAULERS — RECOVERABLE
168-179
RECYCLABLE SOLID WASTE MATERIALS. (see section
57)
53
PERSONAL APPEARANCE BY ALBERT JOHNSON AND
9/21/99
GEORGE KNOX, re COCONUT GROVE JAZZ FESTIVAL.
DISCUSSION
(See section # 10)
179-181
54
(A) DISCUSSION re PROPOSED INCREASE OF FIRE
9/21/99
ASSESSMENT (FEE) — DIRECT MANAGER TO REDUCE
M 99-682
BUDGET IN ORDER TO LEAVE FIRE RESCUE
M 99-683
181-227
ASSESSMENT AT LAST YEAR'S LEVEL - FUND NEW
EQUIPMENT FOR FIRE DEPARTMENT;
(B) CITY CLERK TO COVER STATE FINANCIAL
OVERSIGHT BOARD MEETINGS WITH COURT
REPORTER AND PRODUCE TRANSCRIPT OF SAID
MEETINGS.
55
IMPOSE SOLID WASTE ASSESSMENTS AGAINST
9/21199
ASSESSED PROPERTY (WITH TAX NOTICE) — APPROVE
R 99-684
RATE AND ASSESSMENT ROLL.
227-230
56
FIRST READING ORDINANCE: AMEND CODE SECTION
9/21/99
50-310 "SHIPS, VESSELS AND WATERWAYS/CITY
ORDINANCE
MARINAS/COMMERCIAL VESSELS"; TO ALLOW
231-233
CURREN'r SIGHTSEEING BOAT DOCKAGE
AGREEMENT HOLDERS OPERATING WITHIN INSIDE
BASIN OF MIAMARINA TO OPERATE A SECOND
SIGHTSEEING BOAT UNDER CERTAIN CONDITIONS.
(see sections # 5 and # 50)
57
DISCUSSION CONCERNING THE NON-EXCLUSIVE
9/21/99
FRANCHISE AGREEMENT FOR COMMERCIAL SOLID
DISCUSSION
WASTE ACCOUNTS. (SEE SECTION 52)
233-238
58
VICE CHAIRMAN GORT TO MAKE
9/21/99
RECOMMENDATION RE CREATION OF COMMITTEE
DISCUSSION
TO ASSIST IN FUNDRAISING FOR ORANGE BOWL
238-239
STADIUM.
59
DISCUSSION CONCERNING WORKERS'
9/21/99
COMPENSATION - ALLEGED ABUSES.
DISCUSSION
239
60
REFER TO MANAGER THE PROPOSED DESIGNATION
9/21/99
OF MIAMI RIVER COMMISSION AS OFFICIAL
DISCUSSION
COORDINATING CLEARINGHOUSE FOR PUBLIC
240
POLICY AND PROJECTS RELATED TO THE MIAMI
RIVER.
61
DISCUSSION RE 2000 LEGISLATIVE SESSION AND
9/21/99
PRIORITY LIST. (see section 64)
DISCUSSION
240
62
MANAGER TO WORK WITH CUBAN POLITICAL
9/21/99
PRISONERS ASSOCIATION IN CONNECTION WITH
M 99-685
PROPOSED PLACEMENT OF MONUMENT IN FRONT OF
240.241
ITS OFFICE.
63
ASSISTANCE TO MINORITY LOCAL VENDORS --
9/21/99
PURCHASING AND BIDDING PROCESSES — FIRE
DISCUSSION
DEPARTMENT PURCHASES TO BE REVIEWED,
241-250
64
2000 LEGISLATIVE SESSION AND PRIORITY LIST TO
9/21/99
INCLUDE LEGION AND VIRRICK PARKS. (see section
DISCUSSION
61)
250
65
(A) OPERATIONS OF OFFICE OF MEDIA RELATIONS
9121/99
AND PUBLIC INFORMATION;
DISCUSSION
(B) STATUS REPORT OF POLICE YOUNG EXPLORERS
250-251
PROGRAM;
(C) AMENDMENT # 3.
66
DISCUSS AND DEFER CONSIDERATION OF
9/21/99
CONTRACTS EXTENSION FOR AGENCIES THAT
DISCUSSION
CURRENTLY PARTICIPATE IN COMMERCIAL FACADE
251-255
PROGRAM - SIMILAR TO SOCIAL SERVICE AGENCIES.
67
MANAGER TO WORK WITH FLORIDA STATE NINTH
9/21/99
ANNUAL CIVIL RIGHTS CONFERENCE IN EFFORT TO
M 99-686
SUPPORT SAME.
255-256
68
APPLY TO STATE OF FLORIDA DEPARTMENT OF
9/21/99
MANAGEMENT SERVICES BUREAU OF FEDERAL
M 99-687
PROPERTY ASSISTANCE FOR ELIGIBILITY TO
256-257
RECEIVE FEDERAL SURPLUS PROPERTY.
69
CLERK TO WORK WITH COUNTY ELECTIONS
9/21/99
DEPARTMENT TO PREPARE PROFILE OF ELECTION
M 99-688
PRECINCTS OF FIVE COMMISSION DISTRICTS,
257-258
INCLUDE GEOGRAPHIC INFORMATION, CHANGE IN
DEMOGRAPHICS.
70
COMMISSIONER TEELE COMMENDS MANAGER re
9/21/99
BAYSIDE PARTNERSHIP DOCUMENT - NEED TO
DISCUSSION
ENCOURAGE BUSINESS FOR BAYSIDE MALL, WHO IS
258-259
BIG TAXPAYER OF CITY.
71
COMMENTS re POLICY TO FUND FESTIVALS WITHIN
9/21/99
CITY BUDGET.
DISCUSSION
259
72
COMMENTS BY CHAIRMAN PLUMMER re CODE
9/21/99
VIOLATIONS AT 1900 BRICKELL (HEALTH CLINIC).
DISCUSSION
259-260
73
COMMENTS BY CHAIRMAN PLUMMER re RODENT
9J21199
INFESTATION AND ROBBERIES AT GLASS HOUSE
DISCUSSION
WHERE COCONUT GROVE CHAMBER OF COMMERCE
260
IS LOCATED.
74
RE -IMPOSE FIRE RESCUE ASSESSMENTS (FEE)
9/21/99
AGAINST ASSESSED PROPERTY LOCATED WITHIN
R 99-689
THE CITY OF MIAMI FOR THE FISCAL YEAR
260-263
BEGINNING OCTOBER 1, 1999; APPROVING THE
ASSESSMENT ROLL. (see section 54)
75
RECONSIDER PRIOR VOTE ON FIRST READING
9/21199
ORDINANCE — PASS AS EMERGENCY ORDINANCE
M 99-690
ORDINANCE 11835
AMENDING "STREETS AND SIDEWALKS" BY
263-265
AMENDING CODE SECTION 54-190, ENTITLED
"NONSTANDARD STREET WIDTHS," BY MODIFYING
THE WIDTH OF FIRST AVENUE FROM EAST FLAGLER
STREET TO SOUTHEAST SECOND STREET. (see section
6)
76
APPROVE PURCHASE AND INSTALLATION OF
9/21/99
EQUIPMENT FOR 12 PLAYGROUNDS AT VARIOUS
R 99-691
CITY PARKS FROM VARIOUS VENDORS, UTILIZING
265-267
EXISTING COUNTY CONTRACT ($344,400) - ALLOCATE
FUNDS FROM STATE LEGISLATIVE GRANT,
COMMUNITY DEVELOPMENT BLOCK GRANT AND
SAFE NEIGHBORHOOD PARK BOND FUNDS.
77
SCHEDULE BUDGET WORKSHOP FOR SATURDAY,
9/21/99
SEPTEMBER 25, 1999 AT 9 A.M. (see section 7)
DISCUSSION
266-267
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
C3EXXX3
On the 21st day of September 1999, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:37 a.m, by Chairman J.L. Plummer, with the following
members of the Commission found to be present:
Commissioner Wifredo Gort (District l)
Commissioner J.L. Plummer, Jr. (District 2)
ABSENT
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Chairman Plummer: For the record, the time is 9:30, which is the time when the ceremonial activities take
place. I show three different ceremonial items. The first one is Mr. Charlie Deluca?
Mr. Walter Foeman (City Clerk): Is he present?
Chairman Plummer: Yes, he is. And Commissioner Sanchez has Jaslyn Diaz. Is she present?
Unidentified Speaker: On her way.
Chairman Plummer: Gerand Freedman. All right. And Commissioner Gort will be making a presentation
to the Mathieu family. Are they present? Very good. OK. As soon as we get a couple more
Commissioners, we'll go. Have we got a photographer? Yes, we do. All right. I am -- also, for the record,
there will be a NET (Neighborhood Enhancement Team) Presentation today at 2 o'clock, and it is the
presentation of West Little Havana, l believe, is what I was told. Mr. Manager, for the record, with all those
things over there, I'm going to try and guess that the items 9, 14, 15, 16, 19, and 32 have been withdrawn. If
you're here on any of those items, they have been withdrawn. Mr. Manager, do you wish to withdraw any
other items?
Mr. Donald Warshaw (City Manager): No, sir.
September 21, 1999
Chairman Plummer: OK. Once again, repeating. Items 9, 14, 15, 16, 19, and 32 have been withdrawn. Mr.
Clerk, would you please call and see if the rest of the Commissioners are here so that we, hopefully, can get
started?
Mr. Walter Foeman (City Clerk): Chairman Plummer, we have called. Commissioner Teele is here.
Commissioner Sanchez is here.
Chairman Plummer: Teele is in the building?
Mr. Foeman: Yes.
Chairman Plummer: All right. So, we do have, in fact, two more in the building. Mr. Manager, if you
would, have someone, I think, prepared to speak to the Wave concert that took place over the week -- Rave.
Wave, Rave. Concert that took place over the weekend. Also, have someone prepared to speak to the
cutting of the ficus trees in the northeast, and also someone prepared to speak to 1900 Brickell Avenue,
which was approved by this Commission but has not been complied with.
Mr. Warshaw: OK.
Mr. Alejandro Vilarello (City Attorney): Commissioner Plummer?
Chairman Plummer: Mr. City...
Mr. Vilarello: Item 8 is an item of appearance requested by Attorney Ronald Cohen. I've discussed it with
Ronald Cohen. He's asked to withdraw the item, and we will come back to the City Commission with a
recommendation.
Chairman Plummer: All right. When we take up our regular agenda items, we will take It m 8, whatever
that is. I haven't looked at it.
Mr. Vilarello: It's to be withdrawn.
Chairman Plummer: `that's regular item 8 will be a request of Mr. Cohen in reference to attorney fees in
regards to United States of America versus Pablo Camacho, et al. At such time, that matter will be asked to
be withdrawn, but that will be after 10 o'clock. Mr. Kay, would you like- is the TV on? Hello?
Mr. Walter Foeman (City Clerk): We'll check for you.
Chairman Plummer: Thank you. Here is our prodigal son, Mr. George Knox, in all of his glory.
Vice Chairman Gort: I have a couple of questions maybe on CA 6. One of them is...
Chairman Plummer: You can't ask it now, Willy.
Vice Chairman Gort: OK.
Chairman Plummer: Not until we startthe meeting. Is Channel 9 on or not? It is not on? Would you ask
them, please, to turn them on, turn on TV 9? Mrs. Range, always nice to see you. What item are you here
on?
2 September 21, 1999
Ms. Athalie Range: I'm Athalie Range, Cultural.
Chairman Plummer: You will be first up, as a common courtesy always extended.
Ms. Range: Oh, thank you very much. All right.
Chairman Plummer: Is Channel 9 on or not?
Mr. Mike Shapiro (Sergeant At Arms): It's on but it's not going through.
Ms. Maria J. Argudin: It's on. It's because they need a quorum, unless you want to...
Chairman Plummer: Would you ask them, please, that the Chairman has requested that Channel 9 be turned
on? All right. Mr. Kay, would you please come to the microphone and, for those people in the northeast,
inform them of what you informed me of this morning, please?
Mr. Jim Kay (Director, Public Works): Yes, sir. For the record, Jim Kay, Director of Public Works
Department. Last week, just following the hurricane that passed by South Florida, we received a number of
calls for trimming of trees. Actually, before that, we had received some calls but were not able to get to it in
time and, specifically, we had some calls to trim some ficus trees on Northeast G Court, in the Morningside
neighborhood. We've also been in contact with the neighborhood association up there regarding tree
trimming and have an understanding that we were not going to trim trees, unless we had an arborist there
that they have hired to oversee what we were doing. What happened was that we had to respond -- we felt
like we had to respond quickly and we did not contact the association to get the arborist out there. We did
contact him after we started work, and we did trim the trees. I don't think the arborist wasvery displeased
with how we did the work. That was the initial report I got on. Later on he had some reservations about the
work that was done, but...
Chairman Plummer: OK.
Mr. Kay: ...we are going to be working together with the association to ensure that we trim the trees and
trim them properly.
[AT THIS POINT, COMMISSIONER SANCHEZ ENTERED THE COMMISSION CHAMBERS AT
9:39 A.M.]
Chairman Plummer: Now, would you give the real important notice to the northeast about the wet and
flooding conditions?
Mr. Kay: Yes, sir. We've dispatched a couple of our vactor trucks up in the northeast area this morning to --
really to investigate for any flooding conditions. They're ready to do-- we're ready to do what we have to do
in order to clear the sewer lines out there.
September 21, 1999
Chairman Plummer: For the record, would you give your phone number, in case any of them have a
problem, they can notify you?
Mr. Kay: Well, today I'll be at the Commission meeting. Notify the office at 305416-1200 or the
operations number is 305-575-5261, extension 37.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Now that I have you there, let's look at the City as a whole. The Flagami area has
always had a lot of problems, and my understanding is, this storm is going to get even worse. My
understanding is, one of the reasons is that South Florida Water Management sort of releases water from the
middle of the state and that's why -- are we in contact with South Florida Water Management to make sure
that...
Mr. Kay: Yes, sir, we are. We are in contact with them. Their gates are open right now, wide open. I can
tell you that.
Vice Chairman Gort: OK.
Mr. Kay: And they opened them up preceding the storm. We have one little problem here with opening the
gates and, that is, right now, this time of year, September and first part of October, we experience our
highest tide for the year, and when the high tide --when it's high tide, they still have to maintain a difference
between -- at the flood gates, between salt water and fresh water, so that the flow is always to the east.
Chairman Plummer: Yes, sir.
Mr. Kay: So, there's a little fine-tuning there that has to be done.
Vice Chairman Gort: Also, somehow we need to continue to go out to this utility companies or whoever is
making the different arrangements within our streets, Flagler Street, 17th Avenue. I mean, all-- the repair
they've done is temporary, but even the temporary, it's bad.
Mr. Kay: I know.
Vice Chairman Gort: We need to go after that.
Mr. Kay: Well, today I have instructed -- I have two vactor trucks in the northeast and two vactor trucks in
Flagami because, historically, those are the places that will flood first in a situaton like this.
Chairman Plummer: Mr. Deluca, we now have three Commissioners present.
Vice Chairman Gort: Four.
Chairman Plummer: We now have four Commissioners present, and we'd ask you, please, to come forward.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 9:41
A.M.]
4 September 21, 1999
Commissioner Teele: Mr. Chairman?
Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: ...before you leave the item of the vacuum trucks, I understand...
Chairman Plummer: Mr. Kay.
Commissioner Teele: ...that 61 st Street -- and there are other areas of the city -- but I'm particularly
concerned about 61 st Street, where we have all of the city employee-- the City...
Mr. Kay: City offices and so forth?
Commissioner Teele: No, I'm not worried about city offices. I'm more worried about the citizens, where the
city has these vouchers, where we have some two hundred people in a program that we're trying to relieve.
Now, this is supposed to be a high priority of the City. In fact, we've had the meetings where we've had
these, you know, forty or some people come down here. Are we going to send vacuum trucks over on 61 st
Street, as well?
Mr. Kay: Yes, sir, we are. And we have radio contact. I have -- I brought my radio today with me. Direct
radio contact to go out anywhere in the City, for that matter..
Commissioner Teele: Well, I just left from there. I mean, no, no, no. I just left from there. The place is
under water, but we have a special obligation. Those are not city -owned facilities, but they're city contracted
facilities. And, you know, I've got to tell you, those people have not been treated right by this City. It is a
horrible housing condition they're in, you know. And I would like a report, before we break for lunch, on
what we`re going to do on 61 st Street, as well as the northeast and also over in the Spring Garden area that's
totally under water, as well.
Mr. Kay: OK. That's a problem, again, with the high tides, but we will go over there, as well.
Commissioner Teele: Please.
Mr. Kay: Yes, sir.
Commissioner Teele: Can we get a report before noon?
Mr. Kay: Yes, sir, I'll have a report for you.
Commissioner Teele: Thank you.
5 September 21, 1999
Note for the Record: The minutes were unanimously approved for the following meetings:
• Regular Meeting of July 14, 1998
■ Planning & Zoning Meeting of July 21, 1998
■ Special Meeting of August 3, 1998
• Special meeting of August 14, 1998
• Regular Meeting of September 8, 1998
• Special Meeting of September 14, 1998
■ Planning & Zoning Meeting of September 28, 1998
• Regular Meeting of October 13, 1998
• Planning & Zoning Meeting of October 27, 1998
Special Meeting of November 16, 1998
• Regular and Planning & Zoning Meeting of November 17, 1998
■ Special Meeting of December 18, 1998
[AT THIS POINT, COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT
9:48 A.M.]
Chairman Plummer: All right, ladies and gentlemen, this Commission will now stand in adjournment until
10 a.m. Let me also, once again, make the announcements that item -- well, wait a minute. Item 8 will be a
request to be withdrawn. Definitely withdrawn is item 9, 14, 15, 16, 19 and 32. Those items have already
been withdrawn. This Commission stands in recess until 10 a.m.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:52 A.M. AND RECONVENED
AT 10:00 A.M. WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER TEELE,
Chairman Plummer: The time is 10 o'clock and if I can get Fanita to sit down-- if I could get Fanita to sit
down. Yes, good morning. It is 10 o'clock. This is a continuation of the meeting which was cancelled, due
to Floyd, and now we have Harvey but the meeting is not cancelled. I will ask for the start of the meeting by
asking Commissioner Regalado to give the prayer and Commissioner Gort to give the pledge. Would
everyone please stand?
An invocation was delivered by Commissioner Regalado, followed by Vice Chairman Gort
leading those present in a pledge of allegiance to the flag.
Chairman Plummer: Ladies and gentlemen, a couple of brief announcements. Once again, that anyone
wishing to speak on the Fire Fee, it will not be heard, by State statute, until after 5:05 p.m. For the record,
the following items have been withdrawn: Item 8, 9, 14, 15, 16, 19, and 32. For the record, there have been
no vetoes issued by the Mayor's office. We now will take a motion to approve the minutes of the Regular
Meeting of July 14; P and Z, July 21; Special Meeting of August 3; Special Meeting August 14; Regular
Meeting, September 8 -- these are all 1998, by the way, for the record -- Special Meeting of September 14,
6 September 21, 1999
'98; P and Z, September 28, '98; the Regular Meeting of October 13, '98; P and Z, October 27, '98; Special
Meeting November 16, '98; Regular and Planning and Zoning Meeting of November 17, 1998; and the
Special Meeting of December 18, 1998. Moved by Sanchez. Seconded by Gort. Are there any corrections,
omissions or deletions? Hearing none, all in favor say "aye"?
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Let the record reflect it was by unanimous ballot.
Chairman Plummer: Mrs. Range, our former, illustrious Commissioner is where? Oh, here she is. You
moved from here to there. I didn't catch you. I understand she has an item, but I would allow her he
courtesy, as we have always extended, for her to speak. Mrs. Range.
Ms. Athalie Range: It is on the Consent Agenda, CA-1 1. My name is Athalie Range. I reside at 5727
Northwest 17th Avenue, Miami. This is a familiar item that has come before the Commission on several
occasions now. I think this is our third or fourth year, and we have simply come in hopes of your granting
us this funding for another year.
Chairman Plummer: All right. Now, for the record, is there anyone wishing to speak on any item on the
Consent Agenda, that is, Items 1 through 32? I'm sorry, 22, Am I looking correctly? Is anyone wish to
speak on any Consent Agenda item 1 through 22? Let the record reflect that no one came forth. Is there a
motion -- I'm sorry?
Ms. Mary Hill: Is that in reference to what Mrs. Range is going to present? Well, I held my hand up. I
know you didn't see me. I wanted to speak.
Chairman Plummer: You wish to speak on an item?
Ms. Hill: Yes, concerning...
Chairman Plummer: Then, please, come forward.
Ms. Hill: Let Miss. Range speak first.
Chairman Plummer: She did speak, ma'am.
Ms. Hill: Oh. That's all you're going to say?
Ms. Range: Yes.
Ms. Hill: OK. Good morning. I'm Mary Hill and I reside at 146 Northwest 67th Street, Miami, Florida.
I'm the founder of the Economic Opportunity Acts and Amendments in the White House, first beginning
EOPI Economic Opportunity and Core Operated, and Head Start Day Care for Working Parents — many,
many more projects underneath these laws in the White House. I'm well documented for each. And I would
7 September 21, 1999
F
you like to just speak concerning this funding of cultural art. Now, this funding for cultural art, EOPI, first
of its kind, it has cultural art-- Miss. Range was no -- she wasn't there. As a matter of fact, she was not for
EOPI. Matter of fact, she was -- made herself as a director of a governing board, which circumvented these
laws and it's called Model City. Model City has been abolished. Now, what I'm looking at, agar, is another
way, through our Cultural Arts Foundation, which came years later, I'm sure, because I never heard it
before. Out of all this features and everything else, yes, I would have challenged it then. Now, this
expenditure is coming through law enforcement and the law enforcement is also embanking on funds from
the federal level also to come in. So, this, in my estimation, is somewhat a conflict of interest because the
laws now say authorization of appropriation and the funding treasurer cannot dothis, OK? Thank you.
Chairman Plummer: Thank you, ma'am. Motion for the...
Commissioner Regalado: I got a question
Vice Chairman Gort: Hold it. Hold it.
Chairman Plummer: I'm sorry. Does the Commission wish to speak?
Vice Chairman Gort: Sure.
Chairman Plummer: Oh, I'm sorry. What items do you wish to pull?
Commissioner Regalado: No. A question on CA-] 7.
Chairman Plummer: OK. You wish to just get an answer or defer it to the next meeting?
Commissioner Regalado: Yes, get an answer on this item. This is about the company that manage the
Knight Center, right?
Chairman Plummer: Mr. Manager. Item 7 -- Consent Agenda 17.
Vice Chairman Gort: It's an amendment.
Chairman Plummer: Mr. Regalado?
Commissioner Regalado: Yes. Since we are asked to approve something regarding Globe Facilities, let me
ask you, Christina. We understand that the deadline for a proposed concert has passed. Is it this Wednesday
or this -- or this week?
Ms. Christina Abrams (Director, Public Facilities): Let me get a confirmation from Globe, the management
company who is working on the contract.
Mr. Gerald Baron: Good morning. My name is Jerry Baron with Globe Facilities Services. As it stands
currently, we're still waiting for the producer to comply with a couple of requirements and, as of this
morning, we do not have those. One is an insurance issue and one is a compliance from the Treasury
Department.
Commissioner Regalado: When is the deadline? Do you have anydeadline.
Mr. Baron: Yeah. It's Wednesday of this week for them to comply.
8 September 21, 1999
Commissioner Regalado: Wednesday?
Mr. Baron: And they're holding the I Oth -- excuse me. Monday, the I 1 th, for that concert.
Commissioner Regalado: But if they do not comply by Wednesday, what happens then?
Mr. Baron: We would release the date.
Chairman Plummer: You're talking Wednesday, tomorrow?
Mr. Baron: Yes.
Commissioner Regalado: You're talking tomorrow?
Chairman Plummer: Yes.
Commissioner Regalado: I've got a question for the City Attorney.
Chairman Plummer: Mr. City Attorney.
Commissioner Regalado: Does the County have an ordinance that prohibits the County to do business with
any entity that does business directly or indirectly with Cuba?
Mr. Alejandro Vilarello (City Attorney): The County does have a resolution to that effect, prohibiting the
County from doing business with any business that does business with a Cuba-- Cuban government.
Commissioner Regalado: If we were to accept that contract, would it be a violation of the contracts that we
have with the County?
Mr. Vilarello: The County would have to place us in default of our agreements with it, but this particular
agreement is not an agreement between the City and any Cuban nationals or the Cuban government. Globe
Facilities is the one that, in fact, enters into the agreement.
Commissioner Regalado: Is it indirectly?
Mr. Vilarello: Pardon me? Indirectly, it may be. And I'd be more than happy to bok into that.
Commissioner Regalado: So, we run that risk?
Mr. Vilarello: I would have to -- before I say that we run that risk, I'd have to look into it. But, certainly,
there is a County ordinance which has such a prohibition.
Commissioner Regalado: OK. Thank you.
Chairman Plummer: Thank you. Mr. Gort. Item CA 6.
Vice Chairman Gort: The question I have on CA-6. 1 think it's a very wonderful program and we've
selected several schools. I want to know why you left Jackson out?
9 September 21, 1999
Chairman Plummer: Mr. Manager?
Mr. Donald Warshaw (City Manager): I don't want to speak for the Police Chief of the Police Department,
but we're not opposed to going anywhere. This was where the application...
Vice Chairman Gort: Because that's...
Major Joseph Longueira: They proposed these three schools. It maybe that they have the teachers and the
people there to do the program. I'm not sure about Jackson, Commissioner.
Vice Chairman Gort: OK. So, there was an opportunity given to all the schools to answer to a proposal? In
other words, who put the proposal together?
Major Longueira: They requested to do it in three schools. It may be that there aren't facilities or...
Vice Chairman Gort: All right.
Major Longueira: ...there isn't a program at Jackson. I don't know. If you want to...
Vice Chairman Gort: I'd like to get an answer to that, please.
Major Longueira: Yes.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: But do you wish to vote on ittoday?
Vice Chairman Gort: Yeah, I'll vote on it today.
Chairman Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: Once again, I would strongly suggest that the Purchasing Department continue to
make whatever necessary and legal means to purchase from local vendors here in Miami, as possible, and
then Dade, and then seek somewhere else. But try to concentrate on the local vendors.
Chairman Plummer: So noted for the record. Any other items? Mr. Teele.
Commissioner Teele: Mr. Chairman, on three items. On Item CA-13 and CA-14.
Chairman Plummer: All right, sir.
Commissioner Teele: I want to call to my colleagues' attention that these CDBG (Community Development
Block Grant) funds for the commercial improvement are going all into two districts, and I don't have any
problem with it because that, apparently, is where the need is. The first one relates to commercial code
violations. I think, you know, it's self-explanatory. The second one relates to the facade improvements.
They all, of course, are going into the target area of 19 businesses, and I would ask my colleagues to look at
this because I think one of the things that we tend to fall in the trap is the "me, tooism." And if we don't
make a big deal out of something, then, it goes by but, then, the next time something comes up and it makes
a big deal of it, then, we say, "Well, what about mine?" And I'm making direct and pointed in reference to
my colleague, the Chairman, who talks, for example, about the park-- the parking tot money that was being
10 September 21, 1999
expended, you know. All of this money is going outside of my district. One hundred percent of the money.
I don't have a problem with it because it's based on need. And I would only ask my colleagues to take note
of this, that we really need to not be as concerned about trying to divide the baby into five equal parts, but
we need to really try to figure out how to save the baby and, that is, apply the dollars where they need to be.
So, I want it to be very clear that I support the Community Development's recommendation, even though
none of those facade improvement are in the district that I represent. In fact, we had, as a previous
discussion, that the facade money in the black community or in District 5 would be redircted away from
facade into another activity. And, so, when those activities come, I really don't want to refight this battle.
And I'm only using this as an opportunity to support what the Commissioners and the management are doing
in their districts. You all know best how to deal with your districts and I support that. On the broader issue
relating to the Law Enforcement "Trust Fund money. I want to commend the Chief because, under State law,
only the Sheriff or the Chief of Police can make the distribition of Law Enforcement Trust Fund money, as I
understand it, not the Manager, nor the Commission. Is that correct, Mr. Attorney?
Mr. Vilarello: It has to be authorized by the Chief of Police. The Commission must distribute it.
Commissioner Teele: I understand. But the Commission cannot direct...
Mr. Vilarello: Without the Chiefs consent.
Commissioner Teele: ...expenditures of the Law Enforcement Trust Fund money, that those are supposed to
emanate from the Chief?
Mr. Vilarello: That's correct.
Commissioner Teele: And, again, I want to commend the Chief for beginning now to look at a broader
array of activities. I particularly take note, Mr. Manager, there are funds now going into the Little Haiti area,
which has long been totally denied, and 1 commend you. But, again, I am concerned -- and I've asked for a
list of all of the expenditures, over the last two years, that's last year and the previous year, of Law
Enforcement Trust Funds, and I'm very interested in getting that review and some analysis of that through
the Budget and Management Office because I really do question how these funds have been spent. And,
again, I want to put on the record, Mr. Manager, I sent you a letter, when you were first elected as-- when
you were first appointed as Manager; I sent Chief O'Brien a letter when he was first direct-- named director
of the Police Department on one issue and, that is, the impoundment lots under 95, which were supposed to
have been there for one year, 20 years ago. Twenty years ago this Commission voted to put the
impoundment lot underneath I-95 for one year, temporarily. I got a very long memo from you, Chief
Warshaw -- Mr. Manager, which I have maintained and I keep. Every night, before I go to bed, I read that
memo, literally, because it really explains to me why nothing ever works in the black community. The
answer is, we don't have money to move the lot or to fence the lot or to do something that would not have
the lot in the neighborhood. They're in the redevelopment area, where people live. Poinciana Village, which
we will have a grand opening for in the next 30 days, the next phase of Poinciana Village, where people live.
Their whole lives are invested in Poinciana Village. Their retirement. I don't want an impoundment lot next
to me, looking out of my house; you don't want it out of your house, and the people who are living there, the
Sawyers and other families who built this community, don't want to look at an impoundment lot either. The
fact of the matter is, we've got Law Enforcement Trust Fund money that could solve that problem, and I'm
well aware of the fact -- you can roll your eyes all you want to, Major, but the fact of the matter is, that is a
far more appropriate use of Law Enforcement Trust Fund money than the hundreds of thousands of dollars
that we've given to the Coconut Grove Playhouse. And the fact of the matter is, I am not going to try to
legislate it; I'm going to continue to raise it, that the Law Enforcement Trust Fund funds are an appropriate
expenditure to resolve and to mitigate against the parking lot underneath 1.95. I've been saying that from the
11 September 21, 1999
day I've been elected here. I will say it on the day I leave here, if it's not resolved. And with that, Mr.
Chairman, I'm pleased to second the motion on the entire...
Chairman Plummer: Consent Agenda.
Commissioner Teele: ... Consent Agenda.
Chairman Plummer: Thank you, sir.
Commissioner Sanchez: I think Willie and I will reserve because I want to say something, too.
Vice Chairman Gort: I didn't finish on 12.
Chairman Plummer: I'm sorry.
Vice Chairman Gort: 1 want to ask you a question on 12, which is the...
Chairman Plummer: Mr. Manager.
Commissioner Sanchez: Well, Willie, would you yield? Because whtt I have to say pertains to 13 and...
Chairman Plummer: Well, gentleman, again, I've never cut a Commissioner off and I'm not going to start
today. But our policy is, if you don't understand or you need more information on a consent agenda item, it
automatically is taken off and put on the next agenda. So, you know, if we can't get our answers in advance
or you want to change the policy, that's up to you, but that is the policy.
Vice Chairman Gort: No. Mainly, it-- I'll leave that an unanswered question and I'll ask a question later.
The Wagner Creek Study that was done, I'd like to -- what happened to the rest of the result. In talking to
Community Development, my understanding, in reading the Five -Year Plan, the -- my understanding is, that
programs that work in some communities are not working in other communities, and they're going to be
changed and they're going to be adopted in order to be utilized, and this is what's taking place in here. In
accordance to the plan that I read also, the funds, they'll be spent equally, according to this year they're
supposed to have been received. There's some neighborhoods that received less than they were supposed to.
So, I think that's very important and that's why every time I -- it comes in front of us, I ask to bring what are
the percentage of the little neighborhoods that are supposed to be getting the funds and how much they
really get?
Chairman Plummer: The only problem that you have, Commissioner, is that there are some of the funds,
which are expended, which do cover citywide. For example, the Boy's Club. The Boy's Club does, in fact,
handle kids citywide. So, that's where that has to be different. I assume would be a sixth pot. Mr. Sanchez.
Commissioner Sanchez: Pertaining to Consent Agenda 13 and 14. First of all, I want to say something
about a colleague of mine, Art Teele, who always displays professionalism. These-- both of these items go
to my district, Little Havana. And one is the Commercial Code Compliance Program and he other is the
Facade Program. You know, even though that we are divided by districts, it really sends a positive message
out there that we are very concerned as a whole, the Commission, as a whole, about the whole community.
And when you have one Commission from another district command and say that, you know, the need is in
that district, so, I support it. You know, it sends a strong message that this Commission is a strong and
positive Commission. Coming together to work for the betterment of the community. So, I just wanted to
elaborate on that and, as always, Art, you're truly a professional. Thank you.
12 September 21, 1999
W
Chairman Plummer: Thank you, sir. All right. Moved...
Vice Chairman Gott: We need to amend 6A. My understanding is, Jackson High would be added to the
program and they need to change the figure from 50 to 65,000; am 1 correct?
Chief William O'Brien (Chief of Police): Yes, Commissioner, we'd like to add that school. You know, all
four schools have students that are at risk. We'd Ike to hit all four schools
Chairman Plummer: And what four are they, for the record?
Chief O'Brien: Miami Jackson, Miami Senior, Miami Edison, Miami Northwestern.
Chairman Plummer: I would like to eliminate Edison and Jackson and only have Miami High. I'm kidding,
of course. All right. As amended? Do we have to vote that amendment separately or can we do it all in
one, clean swoop?
Mr. Vilarello: As I understand, the Manager is presenting it to you with all four high schools included aid,
then -- and you vote on the entire Consent Agenda.
Chairman Plummer: All right. The Consent agenda is now moved by Commissioner Gort and Seconded
by...
Commissioner Sanchez: Second.
Chairman Plummer: ... Sanchez.
Mr. Vilarello: Mr. Chairman?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: These are LETF (Law Enforcement Trust Fund) expenditures. Perhaps, the Chief of Police
should state on the record that he concurs with the...
Chairman Plummer: Police of Chief, stateon the record that you concur.
Chief O'Brien: William O'Brien, Chief of Police. Yes, I do.
Chairman Plummer: That's nice. All in favor of the Consent Agenda say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
13 September 21, 1999
THEREUPON MOTION DULY MADE BY VICE CHAIRMAN GORT
AND SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Sanchez
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: NONE.
NOTE FOR THE RECORD: Pursuant to City Code Sec. 2-33(i),
Consent Agenda items that are removed from the agenda prior to City
Commission consideration shall automatically be scheduled as a regular
agenda item at the next regularly scheduled meeting of the City
Commission, unless, by an unanimous vote of all Commissioners present,
the City Commission considers such consent item as a regular item at the
same meeting.
RESOLUTION NO.99-626
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
OF BENSON ELECTRIC, INC. FOR THE PROJECT ENTITLED °CITY OF
MIAMI CEMETERY SECURITY LIGHTS PROJECT B6318," IN THE
AMOUNT OF $53,961; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
336006 AS APPROPRIATED BY FISCAL YEAR 1998-1999 CAPITAL
IMPROVEMENT AND APPROPRIATIONS ORDINANCE NO. 11705, AS
AMENDED, IN THE AMOUNT OF $53,961 THE CONTRACT COST, $8,095
EXPENSES, TOTAL ESTIMATED COST OF $62,056; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY.
14 September 21, 1999
RESOLUTION NO.99-627
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
OF CENTRAL CONCRETE SUPERMIX, INC., FOR THE PROCUREMENT OF
READY -MIX CONCRETE, ON AN AS -NEEDED CONTRACT BASIS FOR ONE
YEAR, FOR THE DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO
EXCEED $79,552, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 00 1000.310501.6.750.
RESOLUTION NO.99-628
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PURCHASE OF A VEHICLE LOCATION SYSTEM FROM TELETRAC, INC.,
AWARDED UTILIZING EXISTING STATE OF FLORIDA SNAPS AGREEMENT
NO.9911506, FOR THE DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT
TO EXCEED $53,000; WITH FUNDS THEREFOR HEREBY ALLOCATED FROM
ACCOUNT CODE NO.422001.320102.6.840.
RESOLUTION NO: 99-629
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF BULK LIQUID CHLORINE AND THE RENTAL OF
CHLORINE STORAGE TANKS, FOR THE DEPARTMENT OF PARKS AND
RECREATION UTILIZING EXISTING FLORIDA INTERNATIONAL UNIVERSITY
CONTRACT NO. 96-102 WITH COMMERCIAL ENERGY SPECIALIST, INC., IN
AN AMOUNT NOT TO EXCEED $29,000; ALLOCATING FUNDS THEREFOR
FROM PARKS AND RECREATION, OPERATING BUDGET, ACCOUNT CODE NO.
001000.5 803 01.6.704.
15 September 21, 1999
RESOLUTION NO.99-630
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE COCONUT GROVE PLAYHOUSE, 2000 IN -SCHOOL
TOURING PROGRAM, FOR THE DEVELOPMENT AND PRODUCTION OF A
PLAY TO EDUCATE YOUTH ABOUT THE DANGER, VIOLENCE AND THE
CONSEQUENCES ASSOCIATED WITH GUNS, IN AN AMOUNT NOT TO
EXCEED $100,000; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO.99-631
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE FLORIDA FILM INSTITUTE, INC., AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $65,000, FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO.99-632
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE COOL SCHOOL PROGRAM, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $42,000, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND
690003, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
16 September 21, 1999
RESOLUTION NO.99-633
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE MODEL CITY CRIME PREVENTION SUB -COUNCIL, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED S15,500,
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO.99-634
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000,
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO.99-635
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF AFROVISION, INC., IN PARTNERSHIP WITH CNH, INC., FOR
THE "COMMUNITY PERSONAL AWARENESS PROGRAM"; ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
17 September 21, 1999
RESOLUTION NO.99-636
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF THE M. ATHALIE RANGE CULTURAL ARTS FOUNDATION,
INC., ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$25,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED
BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF
THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
RESOLUTION NO.99-637
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE A PERMIT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
AND MIAMI-DARE COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCES MANAGEMENT (DERM) FOR THE WAGNER CREEK
RETROFFITING PROJECTS PHASE IV AND PHASE V.
RESOLUTION NO.99-638
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ALLOCATION OF $19,355.49 FROM COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PROJECT NO. 799613, FOR THE REHABILITATION OF THE
CENTRO CUBANO SHOPPING CENTER SERVING 14 BUSINESSES
LOCATED IN THE LITTLE HAVANA TARGET AREA, IN CONJUNCTION
WITH THE COMMERCIAL CODE COMPLIANCE PROGRAM, SAID
ALLOCATION REPRESENTING 70% OF THE TOTAL COST, 30% TO BE
PROVIDED BY THE PROPERTY OWNER.
18 September 21, 1999
RESOLUTION NO.99-639
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION AUTHORIZING THE ALLOCATION OF $21,000 FROM THE
24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROJECT
NO. 799602, FOR THE REHABILITATION OF NINETEEN (19) BUSINESSES
LOCATED IN THE LITTLE HAVANA AREA IN CONJUNCTION WITH THE
COMMERCIAL FACADE PROGRAM, SAID ALLOCATION REPRESENTING
70% OF THE TOTAL COST, 30% TO BE PROVIDED BY THE PROPERTY OWNER.
P1a tl'I' ORIZE,,BAA"ONT, PARK MANAGEMENT TRUST TO' ISSUE A REQUEST FOR
t PR 'yIDE ;RECOMMENDATIONS FOR MODEk*iATION' AND
•,
�IG�+�!>r; MARQUEE'SIGN AT BAYFRONTy$ARK.. .. .
r.
RESOLUTION NO.99-640
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
BAYFRONT PARK MANAGEMENT TRUST TO ISSUE A REQUEST FOR
PROPOSALS (RFP) TO PROVIDE RECOMMENDATIONS FOR THE
MODERNIZATION AND UPGRADING OF THE MARQUEE SIGN AT
BAYFRONT PARK.
• f�HqFdiLvGzAP`+DN USEWFEE AT.:THE ORANGE BOWL STADIUM OIF:$TSOO;FOIt
R IFESSIT 'SOCCER GAME BETWEEN COLOMBIA ;EiND TRINIDAD, PRESENTED
ws tr '4.s kh"
Y RFOREi�ER SPORTS, INC , URGANIZERS MUST PAY FOR 'COSTS OF , CITY;
��EES,?t}$TAININS3RANCE TO,wPRGTECT TH`CITY AND COMPLY:WITH
,.
�CO..,I?I,Tit~iIV�S A�i,D, LIMiTA.TIpNS AS 1vIAY BE PRESCRIBED BY,MANAGER`;OR DESIGNEE:._, . _
RESOLUTION NO.99-641
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING TO A
PROFESSIONAL SOCCER GAME BETWEEN COLOMBIA AND TRINIDAD,
PRESENTED BY INTERFOREVER SPORTS, INC., HELD ON SEPTEMBER S,
1999 AT THE ORANGE BOWL STADIUM AND AUTHORIZING A CAP ON
THE USER FEE OF $7,500 FOR SAID EVENT, FURTHER CONDITIONING SAID
AUTHORIZATION HEREIN UPON THE ORGANIZERS PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT, OBTAINING INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE, AND COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE.
19 September 21, 1999
RESOLUTION NO.99-642
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MANAGEMENT
AGREEMENT WITH GLOBE FACILITY SERVICES, INC., IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WHICH SHALL PROVIDE FOR
ASSIGNMENT FROM GLOBE FACILITY SERVICES, INC. TO GLOBE
FACILITIES LIMITED PARTNERSHIP.
RESOLUTION NO.99-643
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION, WITH AN ESTIMATED VALUE OF $25,000, FROM DADE
AMATEUR GOLF ASSOCIATION TO BE USED BY THE DEPARTMENT OF
PARKS AND RECREATION FOR THE PURCHASE OF FURNISHINGS AND
THE IMPLEMENTATION OF PROGRAMS FOR PERSONS WITH
DISABILITIES, AS THE BENEFICIARY OF THE CITY OF MIAMI GOLF
CLASSIC HELD ON JUNE 25, 1999.
RESOLUTION NO.99-644
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION, WITH AN ESTIMATED VALUE OF $18,000 FROM NIKE
CORPORATION AND THE MIAMI HEAT FOR THE DEPARTMENT OF PARKS
AND RECREATION TO RESURFACE TWO (2) BASKETBALL COURTS AT
MOORE PARK.
20 September 21, 1999
RESOLUTION NO.99-645
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A
DONATION, WITH AN ESTIMATED VALUE OF $675.00, FROM FLAGLER
MEMORIAL PARK OF 15 LOADS OF SOIL MATERIAL TO BE USED BY THE
OPERATIONS DIVISION OF THE DEPARTMENT OF PUBLIC WORKS.
v�� xa�.. _ _ m-r � .z r.. •nN,��. ,T az... <� �o.:.-,+,Nj ;4.+fi.dtrd;
RESOLUTION NO.99-646
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
PLAT ENTITLED HIGHLAND PARK REPLAT NO. 2, A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND
STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
GI:ADYSSUBDMSION. Mr ��x Y A* MSM
RESOLUTION NO.99-647
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PLAT ENTITLED VILLA GLADYS
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF
THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Chairman Plummer: Let me take advantage, Chief, while you're here because it's a sore, sensitive subject.
Let's talk about the Rave Concert. Mr. City Attorney? Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: We've all, unfortunately, seen what happened with this concert, which took place
21 September 21, 1999
Saturday night. I don't know what we can do, but I think it behooves this Commission to do whatever it can
do to try and make sure it doesn't happen again. Mr. Manager, about 5:30, six o'clock, I happened to be up
and riding around and seeing things that were happening in and around that auditorium, was something none
of us would have been proud of. We saw the ultimate price being paid. And I'm saying to you and I think I
may be rarely speak for the Commission, that we're all very concerned and, as such, what can this
Commission do to say that that -- I'm not going to say that it can't, never happen again but, at least, this
Commission has exerted all of the authority, legally, that we can do to prevent an occurrence like this
happening again. Mr. Manager and the Chief.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Didn't we, the Commission, when we have that incident in Bayfront Park,
instructed the Administration and the Administration promised that they would not do any RaveConcerts in
City facilities. This was-- remember when that young man died in Bayfront? And we had complaints from
Brickell Key to Venetian, and this Commission, I remember, was on the record saying that...
Chairman Plummer: I think that what you'll find, Mr. Regalado, that the complaints that we received were
that of noise and obscenities. It was not the drugs...
Commissioner Regalado: No, no. But remember...
Chairman Plummer: ...scenario that occurred here.
Commissioner Regalado: J.L, remember, a guy died.
Chairman Plummer: And we promised, in Bayfront Park, that there would never be a concert, regardless of
what kind, after 1 o'clock in the morning. So, I don't recall that we gave a thing that said there would be no
more Rave. I can tell you, we have built in all kinds of protection if, in fact, it were to be applied for, but
that's only speaking for Bayfront Park. This one took place in the Dinner Key Auditorium.
Commissioner Regalado: There was another in the Dinner Key Auditorium, I remember.
Chairman Plummer: OK.
Commissioner Regalado: And the (inaudible)
Mr. Vilarello: Commissioner, if I may.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: First a couple of words of caution, and if there was a prohibition put in place at Bayfront
Park, it may have been a prohibition which limited the hours that a concert could operate until and that
would be across the board. That would be not --it would not be limited to a Rave concert or a jazz concert
or any other concert. In other words, the prohibition should be neutral as to the nature of the events. And
with regard to the articles that came up, certainly with regard to this concert this weekend, as I read the
articles, the incident took place a day later, in a hotel room, away from our venue. However, obviously, this
is a very serious situation that we should look into and I would like to look into it so that we can protect
those first amendment rights that individuals has and, at the same time, put aiy restrictions in place which
22 September 21, 1999
protect our citizens from having an improper activity at one of our venues, and I would like to take that
oppottunity to meet with the Chief and the Manager and the Director of the Conference and Convention
Department to try to address some of those concerns.
Chairman Plummer: Chief.
Chief William O'Brien (Chief of Police): Let me just say, this most recent concert, I think, is a good
example of the problems that these things have. We went to every extent, including contacting ATF
(Alcohol, Tobacco, Firearms), to have ATF work that concert with us. We made numerous arrests and still
there was widespread drug use and the associated death from it. In my opinion, they're incredibly
inappropriate for public places in Miami.
Chairman Plummer: Well, you know, that`s nice to report that. I think, what we're asking is, what is there
that we can do to try and say that that won't happen again? Now, obviously, to me -- I'm no expert, but did
we, in fact, have any kind of a search policy?
Chief O'Brien: Yes, we did.
Chairman Plummer: And they still got drugs in with a search policy?
Chief O'Brien: You're going to get-- yes.
Chairman Plummer: OK. Mr. Manager.
Chief O'Brien: You know, you only can search so far.
Mr. Donald Warshaw (City Manager): I'd like to make a comment.
Chairman Plummer: I would ask you, please, to make a comment.
Mr. Warshaw: And I know I'm making this comment against the advice of the City Attorney, and I've
discussed this with him. And I had these feelings when I was the Chief and I'll say it again now. I know
there are communities in this country that have banned, you know, Rave concerts in their community. And I
understand there are First Amendment issues, but there's no place in Miami for these concerts. I mean, they
bring a culture of extensive heroin usage; they bring a culture that, no matter what the search policy is, no
matter how much law enforcement you have, the spill -over effect, after they're over, onto the streets of the
City of Miami is going to have future, devastating consequences. And there's no way that the City, the
Police Department, that anything in this City is going to prevent that from happening. It's bringing young
people here from all over the State of Florida and, probably, from out of the State of Florida.
Chairman Plummer: It was on the Internet.
Mr. Warshaw: And once they're here, they become our problem. And the problem is so detrimental to our
community that these events are going to happen again. So, I think we need to do everything humanly
possible to ensure they don't take place here anymore.
Chairman Plummer: Commissioner Gort.
Vice Chairman Gort: I'm not an attorney but let me ask you a question. There's a precedent that every time
you have one of these events, this will take place. Can we require that an event like this would take place,
23 September 21, 1999
that would have additional policemen to cover the floor, to make sure that walk around-- anybody who's
using drugs, to be arrested immediately?
Mr. Vilarello: Certainly, we can use not only our experience with these particular concerts at our facilities,
but we can also use our experience at other facilities and other cities and other counties in order to establish
the appropriate amount of security for these events. And we can use other content -neutral ways to address
these concerts or the problems that arise out of these particular concerts.
Chairman Plummer: Can we, if another Rave were ever to make an application, demand that it come before
this City Commission for approval?
Mr. Vilarello: Those concerts and those events -- the use of those venues are not Commission -authorized
events. These are authorized by the administrative staff. 1 could change the...
Chairman Plummer: Well, that's what I'm saying. Can we change it and make sure that it has to come
before this Commission?
Mr. Vilarello: You would have every-- the rental of every facility come before the City Commission?
Chairman Plummer: No. Rave Concerts, in particular.
Mr. Vilarello: Commissioner, what I'd like to do is look into that. Generally, I wouldn't tell you to limit the
approval based on the nature of an event, but I can certainly look into that.
Chairman Plummer: Ali right.
Mr. Vilarello: And, if appropriate, bring you...
Chairman Plummer: Can we put a moratorium on Rave concerts until you come back?
Mr. Vilarello: Commissioner, what I would suggest to you that, if another event comes forward, that we
address the problems that we have had with these particular events at our facilities, on a case by case basis,
as opposed to a flat out prohibition based on a title of a kind of music.
Chairman Plummer: Mr. City Attorney?
Mr. Vilarello: I would --1 could recommend against a prohibition or a moratorium.
Chairman Plummer: Mr. City Attorney, I think you feel the sense of this Commission and the sense of this
community. Sir, I would expect you to be back with some answer on the 28th of September, telling us what
this Commission can do to try and eliminate this atrocity from happening again.
Mr. Vilarello: Yes, sir.
24 September 21, 1999
Chairman Plummer: OK. We're now going to proceed with the regular agenda and the first item is Item 2,
an ordinance relating to operating a second sightseeing boat out of Bayside. Would the Administration like
to speak to the issue first?
Mr. Donald Warshaw (City Manager): Yes, sir.
Ms. Christina Abrams (Director, Public Facilities): Thank you. Christina Abrams, Director of Conference,
Convention and Public Facility. This ordinance that's being proposed amends an existing ordinance to
permit existing sightseeing vessel operators inside the basin to have a second boat. The only way they'd be
permitted to have a second boat is that that boat is docked at a City mama and is not permanently docked
inside basin -- inside the basin, but is only to permit it to go inside the basin when the original boat is out on
tour or repairs. The projected revenues from this ordinance is sixteen thousand a year for one vessel and ip
to a hundred and thirty-one thousand a year for all eight vessels. This does not change the existing
ordinance, which limits the number of sightseeing vessels permitted inside the basin from eight because you
will not have more than eight at any given time.
Chairman Plummer: Excuse me for one moment. On the Consent Agenda, somebody's cars were plugged.
It was moved by Commissioner Gort. Seconded by Sanchez.
Mr. Walter Foeman (City Clerk): We have that, Mr. Chairman.
Chairman Plummer: All in favor of the Consent Agenda, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Did you hear that?
Mr. Foeman: I heard the vote, yes.
Chairman Plummer: Thank you. I'm sorry. You have anything else, Christina?
Ms. Abrams: No, I don't, sir.
Chairman Plummer: OK.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: This is not an applicant, so it's a matter of who wants to speak. Ms. Dougherty, you
wish to speak first?
25 September 21, 1999
p � �
Ms. Lucia Dougherty: I can. I am here opposing the ordinance. If you'd like to hear from those who are
supporting it first, we'd be happy to do it or we can speak now.
Chairman Plummer: Well, I don't see a mad rush of the podium. All right. We created a mad rush. All
right. It makes no difference to me who starts and who ends. They said ladies first.
Ms. Dougherty: Very good. Mr. Chairman, members of the board, my name is Lucia Dougherty, with
offices at 1221 Brickell Avenue. Here today on behalf of the Pier 5...
Commissioner Teele: Excuse me.
Ms. Dougherty: Yes, sir
Chairman Plummer: Mr. Teele.
Commissioner Teele: Lucia, piease excuse me.
Ms. Dougherty: No. That's fine.
Commissioner Teele: I really don't mean to cut across you.
Ms. Dougherty: Please do.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The staff is not going to lay out, essentially, their case first? The staffs recommen...
Chairman Plummer: They did, sir.
Commissioner Sanchez: They did.
Commissioner Teele: That's it?
Ms. Abrams: That's it.
Mr. Warshaw: Commissioner, basically, all this amendment does is allow for an additional vessel to be
docked in the slip when the initial boat isn't there, and that's all its doing. It's not -- in any way, it's not doing
anything other than that. It's very simple.
Commissioner Teele: But -- well, 1 trust Ms. Dougherty and I have great confidence in her and, Ms.
Dougherty, it's a pleasure to see you here, as always. But I think this is going to get into a historical
discussion as to the contract, and I just felt that the staff should at least --I mean, I haven't been here. I don't
have the historical understanding, but I really do think it would be better if staff tad on the table what the
historical context of all of this is.
Chairman Plummer: All right, sir.
Mr. Warshaw: And let me just add. We have given a rather extensive presentation in the past and we can
26 September 21, 1999
certainly do that again, with a little bit morespecifics, let me give you some background.
Commissioner Teele: Mr. Chairman, in that -- because this could turn into a Federal case, apparently. I
withdrawal all of my concerns and, in the future, I would rather hear the facts from staff. But sincethis
thing is going to turn out into a whole contractual discussion because they've got ordinances up here that go
back to'96. That's what I'm reflecting on.
Ms. Abrams: Commissioner, were prepared we respond to any concerns you have or questions regarding
ordinances, agreements or any past history.
Commissioner Teele: OK. All right. Let me apologize to you to, too, and let me just let Ms. Dougherty go
ahead. Thank you.
Chairman Plummer: All right. Ms. Dougherty.
Ms. Dougherty: Mr. Chairman, I'm here on behalf of the Pier Five Boatmen, and Chuck and Haley Sofge
have joined me this morning. We're opposed to this amendment, as others who are here today, including
Bayside. And we promise to be brief. I have represented this Pier 5 Boatmen for over five years. Three
years ago, Mr. Dudik and the Celebration sued the City, Bayside and Pier 5 Boatmen because he wanted to
bring the Celebration into Miamarina. That litigation resulted in a settlement and the settlement-- in the
settlement, Mr. Dudik got to bring the Celebration into the Miamarina in a very premier location. I want to
add that. I want to make sure you understand that he got a prime location and one that others wanted. The
City got a triple rent from the users, the sightseeing tour boats. We, then, paid three times the amount of rent
that we did, and they also got an escalation in the amount of rent that the commercial vessels use at the Pier
5 Boatmen,
Commissioner Teele: Were your clients a party to the lawsuit?
Ms. Dougherty: Yes, sir.
Commissioner Teele: So, it wasn't just him suing. All of you all sued?
Ms. Dougherty: No, no. He sued the City, what and Bayside. We were not a suit. We were the defendant.
And the litigation ended up is that he gotthe -- to come into the marina. We ended up paying three times the
amount of rent. But here's what we got. We got a cap on the number of vessels that can operate in the
marina and this is the language. I'm going to read it to you.
Commissioner Teele: Before you do.
Ms. Dougherty: Yes, sir.
Commissioner Teele: Was the lawsuit settlement pursuant to a court order or was it pursuant to Commission
intervention that settled the lawsuit?
Ms. Dougherty: No.
Commissioner Teele: Was there a hearing?
Ms. Dougherty: All three parties settled the lawsuit and, it was approved by a court, as well. Correct? Yes.
27 September 21, 1999
Commissioner Teele: So, this settlement was approved by a judge?
Ms. Dougherty: That's correct. Here is the language of the settlement. "There is a limitation on the number
of sightseeing boats which may operate out of Miamarina." This doesn't say the number of sightseeing
boats, which operate out of Miamarina at any given time. It doesn't say the number of slips that ha;
sightseeing tour boats. It's the number of boats that operate out of the Miamarina, not at any given time,
period. So, even if the City Attorney were to say, "Well, there's some wiggle room here"-- and he wasn't
the City Attorney at the time. But even if he says, "You can read it anyway," it violates --to do this violates
the spirit and the intent of this settlement agreement. Unless this ordinance-- and let me tell you why we are
opposed to this. Unless this ordinance is for Mr. Dudik only and there's only going to be one more
sightseeing tour boat, you have to assume there's going to be 16 more boats operating out of here. That is a
navigational hazard, and Chuck -- I mean, Hailey Sofge is a captain and can testify to that effect. We're
concerned about the environment. Just 16 more boats means more litter in your marina. And we're opposed
to it because --just because you have 16 more boats doesn't mean more tourists are going to be coming here.
In fact, out of the eight boats that are operating out of there now, only four operate any other time, other
than the weekends. So, four boats...
Commissioner Teele: Would you repeat that?
Ms. Dougherty: There are eight sightseeing tour boats right now. Only four of them operate seven days a
week. The other four are closed during the week. They only operate on weekends and during the holidays.
Commissioner Teele: Why are they closed?
Ms. Dougherty: Because there's not enough traffic. So, what we're saying to you is, bringing another boat
or bringing another 16 boats isn't going to bring more tourists here. Now, this all started about six months
ago because Mr. Dudik wanted to have the outside quay wall. No one objected to that. We didn't object to
that. Let him have the outside quay wall. Don't violate this agreement and let him come in here and disrupt
Bayside marina. That's what we're requesting. And Laurel Isicoff, now representing Bayside, will present
her version, as well.
Chairman Plummer: For the record, are you an attorney?
Ms. Laurel Isicoff: I am an attorney.
Chairman Plummer: Are you a registered lobbyist?
Ms. Isicoff: Yes, I am.
Chairman Plummer: Thank you. Give us your name, mailing address, and proceed.
Ms. Isicoff: Laurel Isicoff and I have offices at 200 South Biscayne Boulevard, Suite 2800, Miami, Florida.
I'm here on behalf of Bayside Marketplace, which is, as you know, is the lessor and the operator of Bayside
Marina. I mean, I'm sorry. Bayside Marketplace. I'm here today with Raul Tercilla, who's the Vice
President and General Manager of Bayside Marketplace; Ira Stirs, who is the Director of Specialty Retailing;
and Al Dominguez, who's Director of Security. Also, here today is Ramon Perez, who is president of the
Bayside Merchants Association; Emilio Calleja, who is the Treasurer of the Bayside Merchants Association;
and Panzegna Gerig, who is the Vice President. Just to give you a perspective, behind tab number one, in
the binders that I gave you, is a site plan. Here is another site plan of Bayside Marina. It shows you where
most of the boats are. And, then, there's two boats on this side, which is the south pavilion. If you look
28 September 21, 1999
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under 2A -- I'm sorry, 2B of your binder, you will see pictures of those two boats when they are in dock,
from the perspective of the people who are eating at the restaurants there. If you will note, right here is
where Celebration is. At the time that we negotiated this agreement, the City was about to begin
reconstruction on these finger piers. As you know, we have been waiting several years for the opportunity
to do this. This is where all the sightseeing vessels are. There were spaces available here. But as you can
see, this is where the sixth stage is and this was not appealing. The only cther boat that was operating over
here was that two hauled vehicle that was over here by Hard Rock Cafe. That is no longer operating in
Bayside. This is the Heritage, which is the boat under sail. So, when we negotiated those agreements, that
litigation settlement that was approved by the Commission and by the court, before whom the litigation was
pending, the cap was critical. In fact, the settlement agreement, which is also in your tab-- in your binder
under 3C, and I have put a tab there for you -- specifically says, that the agreement, the settlement
agreement, is void if the ordinance, establishing the cap, was not passed. You see in the front of your binder
-- and I have here highlighted -- that the Boatmen's agreement specifically states that the City will not alter
the cap without the approval of Bayside. But the ordinance that was passed by this Commission had a
second aspect to it. Why? Because Bayside agreed to allow Celebration to go into that spot,
notwithstanding, that we did not want any boats on the south quay wall because of the interference with the
operations of our tenants. Because it is so close to the Bayside stores. And, so, a second provision was
passed that states that "no more than three commercial vessels may berth at the south quay wall at the
Miamarina. Only one of which may be motorized." Now, commercial vessel goes beyond sightseeing
vessel. It was any commercial vessel. That was how grave our concern was. And, so, Mr. Dudik,
represented by Mr. Thomas, the City, represented by Mr. Bittner, and Bayside, represented by myself,
negotiated these three agreements that were all tied intricately together, and it is our position that the City,
what it is attempting to do by increasing the number of boats that can go in andout of the berth, is a violation
of these agreements that we negotiated. lust to give you a quick, historical perspective as to why we did this
in the first place -- and the retailers are here to present testimony on that, if you would like to hear it --is the
fact that we had a circus -like atmosphere going on at Bayside. We had boats competing for a limited
number of people to get on the boats. We had ticket sellers who were Gerry rigging towers and screaming
over the restaurants. We had ticket sellers going onto Bayside property and accosting our people that came
to visit. We had boat owners coming to you, the Commissioners, for those of you who were Commissioners
at the time, essentially asking you to be leasing agents for the City so that they court get the marina basin
berths that they wanted. And, so, it was to avoid all this, that everybody, including Mr. Dudik, including the
Boatmen, including the City and Bayside, agreed to this cap. Because we agreed it was in the best interest
of the City, it was in the best interest of Bayside; it was in the best interest of the tenants at Miamarina
because it wasn't good for the people operating to have to compete for a limited number of bodies. And, so,
that was why this ordinance was passed. And our concern is, if you amend this, number one, you will be
clearly breaching the agreements. If not the exact letter of the agreements, then, certainly, the spirit of the
agreements. And you can look at the agreements and you can see that this was clearly not what was
contemplated and, in fact, we tried to draft around it. And, secondly, you will be giving us the opportunity
to go back to the carnival -like atmosphere that we had before, notwithstanding the best efforts of Mr.
Bogner and Ms. Abrams to control the boat owners. At some point, pandemonium will prevail. And, so, we
would ask that you not adopt this amendment. Thank you.
Chairman Plummer: Thank you. Is there anybody else who wants to speak in opposition? Anybody else
who wants to -- let's try to...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to hear from the Rouch Corporation on this issue.
29 September 21, 1999
Chairman Plummer: The Rouch Corporation by -- represented by, I assume, the illustrious Manager, Mr.
Raul?
Ms. IsicotT'. Your Honor, Bayside Marketplace is operated by Rouch Miami, Inc., which is the general
partner of Bayside Limited Partnership. They are my client.
Chairman Plummer: Mr. Teele, more specifically, did you mean Raul?
Commissioner Teele: Well -- I mean, whoever the partner is.
Chairman Plummer: The General Manager is Raul Tercilla. She speaks for you?
Ms. Isicoff: I represent...
Unidentified Speaker: She's representing us, but I...
Chairman Plummer: Excuse me. Mr. Teele, who do you want, sir?
Commissioner Teele: I would like to hear from the General Manager, if possible.
Chairman Plummer: All right. Is the General Manager present?
Mr. Raul Tercilla: Yes.
Chairman Plummer: Mr. Teele has requested that you come to the podium, sir.
Mr. Tercilla: Good morning, Commissioner.
Commissioner Teele: Your name and address for the record.
Mr. Raul Tercilla: My name is Raul Tercilla. I'm Vice President and General Manager of Bayside
Marketplace, 401 Biscayne Boulevard.
Commissioner Teele: What is the amount of investment you all have, that the partnership has? What's the
value of the real estate there?
Mr. Tercilla: The investment of Bayside is roughly, Commissioner, about ninety million dollars
($90,000,000).
Commissioner Teele: About ninety million dollars ($90,000,000)?
Mr. Tercilla: Correct.
Commissioner Teele: Who owns the land that you're on?
Mr. Tercilla: The City of Miami.
Commissioner Teele: So, we're partners?
30 September 21, 1999
Mr. Tercilla: The City of Mia...
Commissioner Teele: The City and you all are partners?
Mr. Tercilla: That's correct.
Commissioner Teele: OK. Have we, as a city, collaborated with you on this issue? And does the City
management reflect your views on this? l mean, have we-- in a business transaction, partners usually talk
or they sue each other.
Mr. Tercilla: Confect.
Commissioner Teele: So, we're not suing each other. So, are we talking?
Mr. Tercilla We are talking.
Commissioner Teele: And you support the City's position or the City supports your position?
Mr. Tercilla: We have a very good working relationship.
Commissioner Teele: No, no. I'm talking about on this issue.
Mr. Tercilla: On this issue, we disagree with each other.
Commissioner Teele: OK. And what is the disagreement that we have? Because, I mean, we're the board
of directors of the partner -- of our side of the partnership, and we have a right to know what our
disagreements are. So, what is our disagreement on this issue`?
Mr. Tercilla: Correct. I think that basic -- there are two basic points, Commissioner. The issue is, we felt
that, three years ago, like the attorneys mentioned, before we enter into a bading agreement, of which we
invested a lot of time, effort and we, genuinely, felt that we all were working in the best interest of all the
parties. That's one point. And we feel...
Commissioner Teele: By the way, are you current on your payments tothis side -- to the partnership?
Mr. Tercilla: I believe we are.
Commissioner Teele: How much are you paying a year to the City of Miami?
Mr. Tercilla: We pay -- there's a guaranteed contract to the City of Miami of a million dollars ($1,OOQ000)
on the retail parcel of Bayside and, roughly, about six hundred, seven hundred thousand dollars ($700,000) a
year in terms of garage revenues because you are a partner in the cash flow of the garage.
Chairman Plummer: Wait a minute. Plus, you pay ad valorem taxation.
Mr. Tercilla: Plus, we pay ad valorem taxation, which the City does receive a portion. And with the new
surcharge on garages, you probably will make another seven hundred. So, we're getting up there,
Commissioner, over-- close to three million dollars ($3,000,000).
Commissioner Teele: So, the way you've outlined the numbers, we're about two and a half, three million
31 September 21, 1999
dollars ($3,000,000)?
Mr. Tercilla: Roughly, yeah.
Commissioner Teele: So -- OK. So, you're paying us three million dollars ($3,000,000) a year?
Mr. Tercilla: Bayside is...
Commissioner Teele: Roughly.
Mr. Tercilla: ... generating to the City, roughly, about three million dollars ($3,000,000).
Commissioner Teele: And our obligation to you is what, to leave you the heck alone, is that...?
Mr. Tercilla: I think that, whenever there are issues, that we need the City to cooperate to help us and deal,
like any landlord would deal with a tenant, and any municipality would deal with a corporate citizen.
Commissioner Teele: What department of the City of Miami do you all deal with on a regular basis?
Mr. Tercilla: We work very closely with various departments. We work very closely with the Police
Department. We work very closely with the...
Commissioner Teele: No. Who manages our contract?
Mr. Tercilla: The Asset Management Department, yes.
Commissioner Teele: So, Asset Management is who you deal with on the contract management?
Mr. Tercilla: That's correct.
Commissioner Teele: And who's -- you're with Asset Management?
Ms. Abrams: No. Conferences, Conventions and Public Facilities.
Commissioner Teele: You're with who?
Ms. Abrams: Conferences, Conventions and Public Facilities.
Chairman Plummer. Asset Management is walking in.
Commissioner Teele: And the Office of Development, you have no dealings with, is that right?
Mr. Tercilla: Not at the current time, Commissioner. In the past, we have.
Commissioner Teele: But we didn't have it until this three months ago-- six months ago.
Mr. Tercilla: No, no. I mean that we have interacted with the Development Department in the past.
Commissioner Teele: No. There's a new Department of Development.
32 September 21, 1999
Mr. Tercilla: I have not.
Commissioner Teele: I'm just trying to get the box straight here.
Mr. Tercilla: You see, it's predominantly the Asset Management Department that would handle the lease.
Commissioner Teele: All right. Your bottom line is what? What is it-- partner to partner, what is it you'd
like for us to do?
Mr. Tercilla: Commissioner, I think that, basically, we would like this-- we would like to continue to have
the current position, the current agreement that is dated. We are opposing this amendment,very clearly. We
feel that we entered into a binding agreement.
Unidentified Speaker: Good morning, Mr. Commissioner.
Chairman Plummer: Officer, would you please escort "good morning" out and advise him-- yes, goodbye.
Adios, Sianara. I'm sorry. Go ahead.
Mr. Tercilla: Commissioner, if I might address back, What we would like to do is maintain the current
amendment, maintain the current legislation and current agreement that we have with the City, and the Pier 5
Boat Association and the other parties. And we feel that we -- again, we don't think that this amendment is
the right thing for all parties concerned.
Commissioner Teele: Final question, if 1 may?
Mr. Tercilla: Yes, Commissioner.
Commissioner Teele: I take note of your recommendation. What is the -- if we approve this, how does it
adversely affect Bayside or this Maritime Operation?
Mr. Tercilla: I think that Bayside is an aggregate of roughly a hundred and seventy merchants and that's
really what we are. We just maintain the facility for them. Basically, there are some very genuine concern
by some of the cafe operators and other businesses, which surround the boats. This is not an an6tour boat
position. This is, basically, very simple. If a tour boat is wt for an hour and a half, that cafe has an hour and
a half of free time for vistas, for no harassment of ticket sellers, for no sounds or music that conflict with the
overall environment they're in. It's a perfect scenario at the present time.
Chairman Plummer: Any further questions?
Commissioner Teele: Thank you very much.
Mr. Tercilla: Thank you, Commissioner.
Chairman Plummer: OK. Is there...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, could I get -- could the Commission get today a statement compiled by
33 September 21, 1999
L
the various departments or the budget office as to what Bayside-- I take the gentleman at his word, but I'd
just like to get it over your signature.
Mr. Warshaw: Yes.
Chairman Plummer: All right. Is there anyone else who wishes to speak in opposition to the issue?
Ms. Mary Hill: Right here.
Chairman Plummer: Seeing none-- all right. Emilio. No, I don't think she's speaking in opposition.
Ms. Hill: Of Bayside or the consent --?
Chairman Plummer: No, of the ordinance before us.
Ms. Hill: No.
Chairman Plummer: Thank you.
Ms. Hill: We're moving fast but...
Chairman Plummer: You'll have a seat, please. Emilio.
Ms. Hill: You are moving -- may I say this and, then, I'll take my seat?
Chairman Plummer: Ma'am, I asked if you wish to speak in opposition, you said no.
Ms. Hill: No, I did not. I held my hand up.
Chairman Plummer: Are you speaking in...
Ms. Hill: And 1 also came up and I also stood here and two people...
Chairman Plummer: Ma'am, are you speaking in opposition?
Ms. Hill: Of the consent agreement, yes.
Chairman Plummer: Of the agreement?
Ms. Hill: Yes.
Chairman Plummer: You have two minutes.
Ms. Hill: And I've been standing here and...
Chairman Plummer: You have two minutes, ma'am. Proceed.
Ms. Hill: ...you called two people here. Thank you very much for the two minutes. Now, even-- let me
say this. I've been around here a long time and I know what came in and what's supposed to be here, OK?
Now, let me say this first. Of this same Bayside that was approved sitting here, Mr. Raul came in-- that was
34 September 21, 1999
t
j
years later, OK? I know where the money came from and I know so that you put a lot of people, poor
people over at Bayside. They're not no longer there because they couldn't maintain. OK. And, so, we'll
deal with that later, OK? Now, against the consent agenda. I'm against it because it's not in compliance of
what needs to be done at this time. I'm noticing you have RFPs (Request for Proposals), which is still in this
agenda, referral to (inaudible) proposals in this agenda, and you know that was created also later and has
been dealt with. It's no longer. OK. We have also CDBG (Community Development Block Grant) grants.
Under these grants, there's no longer Community Economic Development Grants for that.
Chairman Plummer: Excuse me.
Ms. Hill: Those grants.
Chairman Plummer: Are you speaking in opposition to this agenda item?
Ms. Hill: Yes, I am.
Chairman Plummer: No, you're not.
Ms. Hill: Yes, I am. Because I'm in opposition of the CDBG grants and it's no longer...
Chairman Plummer: Has nothing to do with this item.
Ms. Hill: Well, I'm against it because it's not in compliance.
Chairman Plummer: It has nothing to do with this item.
Ms. Hill: And the regional office is not here-- yes, it is.
Chairman Plummer: It has nothing to do...
Ms. Hill: The regional office you are not considering.
Chainnan Plummer: ... with this item.
Ms. Hill: Consent agree, CDBG grants.
Chairman Plummer: All right. Anyone that wishes to speak in favor of this item, will please come forward?
How many wish to speak? How many wish to speak? I'm seeing, approximately, four. All right. If you'll
come forward, please, and give your name and mailing address for the record. Mr. Thomas, you are a
registered lobbyist?
Mr. John Thomas: Yes, I am.
Chairman Plummer: Thank you, sir. Go ahead. All right. Hold on. Excuse me. This gentleman did ask to
speak...
Mr. Thomas: Yes, he did.
Chairman Plummer: In the confusion, we did, in fact, have a little problem. Mr. Calleja, for the record,
please, your name and mailing address, please.
35 September 21, 1999
Mr. Emilio Calleja: My name is Emilio Calleja. I own a business at 401 Biscayne Boulevard, Bayside
Marketplace. in fact, I'm a partner in two businesses, two restaurants that directly face the water in Bayside.
And we're not opposed to tour boats. Obviously, they're a good draw for Bayside. We are opposed to the
change in this amendment because of what we have seen happen there with the control of the boats. We had
a particular -- and i'll just mention one instance, where in Snappers, one of my restaurants, we dealt with the
prior management of Larumba, if you remember that boat, that was in front of us. The problems that we had
with the noise, with the harassment, with the yelling, with the ticket selling, took over a yearand a half to
resolve. We complained to everyone. There was nothing that could be done. Finally, they were sent
outside the wall. And you all know the problem you had with Larumba. if you duplicate the amount of
boats that you have there now, I think you're asking for the same thing. it's going to be very hard to control.
It's going to be very hard to keep track of. And enforcement is very tough once they're in. We feel that the
boats do block the way. We do like the water views. I think we would like the status quo kept because,
otherwise, you're inviting chaos into Bayside again. Thank you.
Chairman Plummer: Thank you. Someone else there wishing to speak in opposition?
Mr. Ramon Perez: My name is Ramon Perez. i reside at 1000 Bellemeade Island Drive. I'm, I'm the
present with the Merchants Association. I'm here today because what's going -- if you guys accept this
amendment, it will create the increasing pollution; will create the increasing noise; it will create a
tremendous navigational hazards. in me, as a voter, not only as a merchant of Bayside, I would be kind of
afraid of going in there with 16 commercial boats going in and out of there. I also-- there's going to be a
problem with the parking. We already have -- we don't have enough parking to tend to our customers. We
have the Miami Heat coming in, using our parking, and by the increase of boats, it will create more necessity
for extra parking. Thank you very much.
Chairman Plummer: Thank you, sir. Yes, ma'am.
Ms. Panzegna Gerig: Panzengna Gerig, Vice President of the Bayside Merchants Association. We're just
here to represent what the merchants would like. Thank you.
Chairman Plummer: Thank you, ma'am. Now, one last time. Is there anyone else who wishes to speak in
opposition? Let the record reflect no one came forward. Mr. Thomas, you're on, sir.
Mr. Thomas: Thank you, Mr. Chairman. Commissioners, my name is John Thomas. I am a lawyer for
Floribian Hospitality, Inc. My office is at 80 Southwest 8th Street, Suite 2809, in the City of Miami. The
hazards that have been represented to you here in opposition to this amendment do not exist. What this
amendment does, simply, is to allow an additional tour boat to use the same sightseeing boat slip,if the
original sightseeing boat is out. If it's out for being repaired, out on a charter, out for whatever reasons, it
simply allows one additional sightseeing boat to come to that same sightseeing boat slip. It does not ever
create more than eight sightseeing boats within the marina, at any time; it doesn't create any additional ticket
sellers; it doesn't create any additional pandemonium. I don't think there is argument that Ms. Abrams and
Mr. Bogner have done a good job at managing the problems that previously existed with the sightseeing
boats. And there's is no reason, whatsoever, to believe they couldn't do equally as fine a job managing eight
more additional boats, maximum. And, remember, that we're only talking about the maximum eight
additional boats. I think Ms. Dougherty said 16. What she meant was, there would be a total of 16 boats at
the maximum, not 16 additional. The additional boats would be no more than eight and, likely, would be
less than that. We don't have one boat per slip at Dodge Island, where the cruise boats dock; we don't have
one airplane per concourse at the airport; we don't have one tour bus at Bayside's parking spaces for tour
buses. This maximizes the ability of the City to use the existing number of sightseeing bcat slips that were
36 September 21, 1999
agreed, that continue to be agreed, and that are agreed under this amendment. It does, however, allow the
tour boat operators to, if they have the ability to do so, bring in an additional sightseeing boat to create a
better business for themselves, to be a more stable business entity. It also brings in revenue to the City than
it otherwise would not receive. Each of these sightseeing boats pays to the City of Miami approximately
fifteen thousand dollars ($15,000) per year. If you have as many as eight additional sightseeing boats, that's
approximately one hundred fifty thousand dollars ($150,000) additional revenue to the City, without the City
doing a thing more. It doesn't create any additional need for sightseeing boat slips. It doesn't increase the
impediment on the City. It simply brings in more revenue. All the problems are illusory; the benefits are
dollars and cents, and more competition -- more competition is part of what this City stands for. I have also
the authority to represent the vessel Celebration, the Heritage, Captain Jimmy's Fiesta, and Holiday of
Magic. They're all in support of this amendment. We have also here several representatives of those
organizations that would like to have just a brief opportunity to Teak to you.
Chairman Plummer: And they will.
Mr. Thomas: If there are any other questions, I'd be glad to answer them.
Commissioner Sanchez: Mr. Chairman, I just want to clarify...
Chairman Plummer: Mr. Sanchez,
Commissioner Sanchez: Let me get this straight. The boat or vessel, if it's out getting a Coastguard
inspection or it's out at the boat yard and it's out of the water, what you're saying is that you want the
opportunity to bring in another boat and dock it there? So, is thatwhat you want?
Mr. Thomas: We've already got a dock; we've got sellers; we've got people that sell the tickets.
Chairman Plummer: Well, Mr. Thomas...
Commissioner Sanchez: Wait. Hold on.
Mr. Thomas: If that boats out, we'd like to haveanother boat come in.
Commissioner Sanchez: OK. Now, what you don't want to do is have one vessel inside Bayside picking up
passengers and have one outside circling and when you load that one up, you take off, you come back in,
and you park that one while the other one's out. That is not what you want to do.
Mr. Thomas: That would be part of the Marina's management decision, as to what regulations they would
like to impose.
Commissioner Sanchez: Thank you.
Mr. Thomas: We would -- we'd be glad to comply with whatever those regulations may be.
Chairman Plummer: All right. Mr. City Attorney, you have a comment?
Mr. Alejandro Vilarello (City Attorney): Just to the question that Commissioner Sanchez raised. The
ordinance, as presented to you, would allow that situation. It would not allow two vessels for the same slip
in the marina at one time, but it would allow a vessel to leave the slip, leave the marina, and another one to
immediately come in and dock at that particular slip.
37 September 21, 1999
Mr. Thomas: We'd be glad to abide by whatever regulations are reasonable by the City Marina's managers,
in that regard.
Chairman Plummer: All right.
Mr. Thomas: I'd like to have Mr. Dudik have an opportunity.
Chairman Plummer: Mr. Dudik, you have the microphone, sir. For the record, your name and mailing
address.
Mr. Michael Dudik: Michael A. Dudik, 3239 West Trade Avenue, Coconut Grove, Florida. And I'm here
representing Celebration. We do have a slip at Bayside Marketplace, which wove had there now for three
years. Now, what the opposition has failed to mention is, in that agreement that we've had for three years,
we had the opportunity to bring in a second boat when our boat was vacated from the slip, which we brought
in another vessel called the MY Friendship, operated there for the last year of the agreement. Since the
agreement ended, it went back to "we can no longer bring a vessel back up into the marina when our original
vessel is out." Therefore, that vessel has been sold and it's up in Carolinas and I think it paid a visit to Floyd,
unfortunately. But this amendment, we support, hardily, with the City Administration. It is also supported
by the Heritage of Miami, the Fiesta, Holiday Magic, and MY Friendship, which need to be stated here,
ladies and gentlemen, they are all one -boat operators. We only have one boat that we can operate at a time
versus our competitor, who is opposing it, who has five boats in the slip, who constantly interchanges his
vessels in a slip to maintain a vessel there at all times and, yet, Bayside encourages them to do it but opposes
any competition to do it, which is very unfair and very restrictive of trade. Over the last— past year, to give
you some exact numbers, our vessel was vacant from her slip for 122 days. A hundred and twenty-two days
means our staff, that did sail, that did use marketing for tour operators, and our tourists to come in here,
cannot use our facilities because we are either in a boat yard, out on charter or broken down for repairs or
just general maintenance, which, trust me, it needs a lot on these vessels. I think another issue to very
positively mention is that all these vessels have to be in the boat yard. U.S. Coast Guard certified for
Coastguard inspections on a yearly basis, and this is something that there's no way around, leaving our slips
totally vacant. We are looking, strictly, to be on equal and fair grounds of competition. We are not asking
to break any caps. We do not want no more than eight boats in the marina at any one time. We have no
intention of bringing any more than eight boats in there. We are willing to lease additional dockage space at
another City marina, which we have done, Dinner Key Marina, for the last, 1 think it was two and a half,
three years, which we quit paying on because we cannot use the vessel. Therefor, you cannot let a vessel
worth a million dollars ($1,000,000) sit stagnated with no revenues. You just cannot do it. I think the
precedent has basically been set, over the past three years, that we did operate three vessels. Excuse me.
Did operate two vessels. When one vessel was away from our slip, we were allowed to bring the other
vessel in, which we did. That agreement has now since expired. That's why we're here, so ,w could
continue an operation on fair and equal grounds. I think Mr. Gort, over six and a half years, numerous,
numerous Commission hearings that we've been at, has mentioned many times that he would like to see this
go to staff and for staff to come up with a plan, and I think that's what the Administration has done and we
support the staff on this issue and, hopefully, the Commission will support the Administration. Thank you.
Chairman Plummer: Thank you, sir. Anyone else wishing to speak? For the record, sir, your name and
mailing address.
Mr. John Nicholson: My name is John Nicholson. I live at 200 Biscayne Boulevard Way. I'm standing up
here to address the navigation issue that was brought up by the -- or the problem for navigation that was
brought up by the opposition. Since we're not actually going to be changing the number of tour operator
38 September 21, 1999
boats in the marina, there's really not going to be a navigational safety problem because, from what I
understand, all the captains that run these tour boats, we're professionals. We talk to each other. We avoid
the navigational problems before they happen. That's our job. Our job is safety of the passengers and the
crew and the vessel. If a vessel -- if our vessel is out of work, if it's sitting in a shipyard, we're not making
any money, OK? We don't get paid, if we don't work. 1 got a very bad habit when I was young. It's called
eating. If I don't work, I don't eat. It's just that simple. It's very basic. But, as far as the navigational
problem, the only navigational problem we really have is on the weekends, when very small boats come into
the marina. They don't know the rules of operation. They get in the way. And that's when the professional
captains for all the boats that work in there now, we talk to each other most of the time, on the weekends, to
avoid that problem. So, adding eight more boats is not going to make that big of a difference, be they out in
front of Bayside or in Bayside itself. Thank you.
Chairman Plummer: Thank you, sir. Anyone else wishing to speak?
Mr. Antonio De La Cruz: Yes, sir.
Chairman Plummer: If you would, give us your name and mailing address, please?
Mr. Antonio De La Cruz: Good morning, gentlemen, counsel. My name is Antonio De La Cruz I reside
471 Ives Dairy Road, Apartment C-106. I'm the Sales Manager for the Celebration. I was listening to the
opposition as they were talking, so I'm going to say what I have to say, which is very short and brief. But I'd
just like to direct a few points.
Chairman Plummer: Thank you.
Mr. De La Cruz: Everybody makes a big issue about two boats or 16 boats, whatever. Our main purpose is
just that, when our boat goes on repairs or maybe goes in the yard for a Coastguard inspection, we have
anywhere from five to 10 people that are totally unemployed. Last year the boat was in the yard for three
weeks and that was three weeks without pay for any one of us. We do have two different kind of cruise.
We have a charter cruise, which is a little upper echelon, with wait staff and trained personnel -- be more
upper echelon people, and we have our regular sightseeing cruises. Then, I also heard association from the
opposition about Larumba, but I'd like to say that we've never been reprimanded, since I've been working
there, and it's four years, by either the City or by our Bayside Management itself, as far as the music issue.
We work with Lega Fe, which happens to be our neighbor. First of all, we don't play our music. We play
classical music that is part of our narration guide. We're not per se, the party boat. What we are is a
sightseeing cruise and a dinner yacht, OK. The association with Larumba is like very ludicrous because
number one, we don't even play rap music, we don't play booty music. We're not really a party boat. We're
an upper echelon boat. But I'm going to go ahead and close with this by saying that, if the issue...
Commissioner Teele: Do you have any examples of the music that you don't play, which you could play for
us?
Mr. De la Cruz: Well, actually, sir-- no. Well, yes. As a matter of fact, we do. We play oldies-goldies.
Commissioner Teele: Remember, I said, do you have any examples of the music that you don't play, that
you could play for us now?
Mr. De La Cruz: I'm not going to get into that one. I'm going to leave that one alone. But, in closing, I'd
really like to say that it really affects us, as far as wages and stability. You know, we like to maintain that.
This is an opportunity for us not to be missing working days. Also, everybody was saying about all the
39 September 21, 1999
traffic and this. I'd like to let you guys know that a lot of the people that come over to the Celebration are
corporations, corporations that happen to come over to Bayside and bring mrney to Bayside, which is spent
on Bayside, which we would not see Bayside any other way. But that's pretty much all 1 have to say, and I'd
like to thank you for your time.
Commissioner Sanchez: Thank you.
Chainnan Plummer: Anyone else wishing to speak in favor? Your name and mailing address.
Mr. Ed Sparrow: My name is Ed Sparrow. I am the owner of Holiday and Magic Charters. I'm not on
either side. However...
Chairman Plummer: Stand in the middle.
Mr. Sparrow: ...I think that, with what we're doing with the Port of Miami, if we said, hey, guys, you can't
bring these 20 big cruise ships in here parking in the same berth, the growth of that cruise industry would not
have been as big as it is. The same thing is true with our port. We have the boats sitting out there at
dockage, come in and unload in a very limited amount of space. We have grown in that. We do the same
thing with tour boats that come in to Bayside. If we said, "whoa, stop, one tour bus at a time," Bayside
wouldn't have grown as big as it has. With the opposition, what I've heard is, you don't want Bayside to
grow. Let's look to the new Millennium, Commissioners, and make this thing happen. It only beneficial for
the City, it's going to grow. It's good. Do it.
Chairman Plummer: For a person who was not on either side...
Commissioner Sanchez: Yeah. You were at the right side.
Chairman Plummer: ... I think I detected-- all right.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Is there anyone else who wants to speak in favor of the agenda item? OK. Now, we're
going to give rebuttal? Ms. Dougherty, do you feel rebuttal is necessary?
Ms. Dougherty: Mr. Commissioner, I just want to bring up one point and that is the same thing-- I'm
looking at you thinking, maybe be I don't need rebuttal. But I just want to make one comment. He brought
up a point and his concern was, what happens when I go out -- when I have my boat in dry dock or I have to
go coast guard inspection? He's the only one, by this agreement, that has a right to put another boat in the
slip at the same time. He just can't do it at the same day. Right now he has a right to put another boat in the
slip. He just can't do it on the same day, and he's the only one in Miamaina has that right.
Chairman Plummer: Thank you. Mr. Thomas, would you like a moment of rebuttal?
Mr. Thomas: That's incorrect. That was a three-year settlement agreement that has expired. We have the
same rights, as every other sightseeing boat.
Chairman Plummer: OK. Ma'am, I would prefer you stick with your...
Ms. Gerig: No. I just want to point out that Bayside is a...
40 September 21, 1999
Chairman Plummer: For the record, your name.
Ms. Gerig: Panzegna Gerig, the Vice President of the Merchants Association. I just wanted to point out to
the gentleman, who compared it with the Port of Miami, which is cruise destination, we are a retail
operation. They need to keep that in mind when you make your vote. It's a retail operation, with the added
attraction of the boats being able to come in and out. So, maybe you'd like to just keep that mind.
Chairman Plummer: Thank you for spelling out the difference.
Commissioner Regalado: Mr. Chair?
Commissioner Sanchez: Mr. Chairman, if I may?
Chairman Plummer: Excuse me. I would like to close the public hearing. If there's no objection, I'm going
to close the public hearing and now turn it over to the Administration and to the Commission. Mr. Sanchez,
you asked for the floor. You have it.
Commissioner Sanchez: Yes. Mr. Chairman, first of all,1 want to speak on the issue of safety. 1, myself,
have traveled that -- have gone into Bayside and Bayside Marina is a public way. I mean, anybody in their
boat could go in there if they wanted. Now, I've been there on Friday and Saturday and there's a lot of traffic
of small boaters coming into the area. You know, going from eight boats to 15 boats, without a doubt,
would create a navigational hazard going in there because I, myself, have experienced it with the boats that
are there right now. Now, one thing that I do want to emphasize on is that, you know, maybe the
Administration could go back and renew that agreement, when their boat is down for repair, that they can
bring in another boat and park it at the slip. But, at no time, have two boats that could go into the slip at on
-- on the same day or whatever. So, that's one that I want to emphasize on, the navigational hazard. The
environmental. Of course, we have heard both sides and it's time to make a decision. But now, the
marketplace and the merchants are very concerned about this. You know, you've got to go to Bayside on a
weekend and see how many people are in there, and it's true. I mean, it gets out of hand, these boaters
competing to get them to come to their boats. It gets out of hand. So, it's a concern. I mean, we need to
find ways to help each other out here, but I think that from eight boats to eight boats-- and I'm not even
going to touch the agreement that set forth right there on record and ruled by a judge, but I think that I have
-- will make my -- to vote against it, but I would like to ask the Administration to look into ways of renewing
the agreement so they don't have to face the burden. When their boats are down, that they don't lose money
and their employees aren't working. Maybe they could bring in another boat until the repaired the boat is
back and then have that boat come back when the repairs are done and continue to work. Thank you.
Chairman Plummer: All right.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: There is a bank in the City of Miami that has a sign that says that "If you wait five
minutes, I'll give you five bucks."
Chairman Plummer: They never do it.
Commissioner Regalado: Yes, they did.
41 September 21, 1999
Chairman Plummer: No, they don't.
Commissioner Regalado: They did it to me the other day because they are in the private industry. And there
is a fast food...
Commissioner Teele: (Inaudible comments)
Commissioner Regalado: Yes, I did. That's for the Mayor's information. And there is a fast food restaurant
chain that says that, if you don't get a smile, you know, you don't pay or something like that. I've heard
many discussions about safety and navigation and noise and pollution, but I think that we all have to address
a point. It's about the philosophy of the Administration of any government or this government. Seems to me
that our best clients are the ones that always end up with the hardest case from the Administration. All of
the tenants of Bayside have come here, the General Manager and President, Vice President, and they have
said that they would rather not have this situation, and the arguments that they'resaying are really ones that
make sense. They're saying, well, if you can guarantee that you're going to bring a hundred thousand people
more, then it will be worth it." But you can't cut a tourist in half. And I would tell you, it's about time that
the government and this government would be more business friendly to the good tenants, to the bigger
tenants, to the people that pay the salaries of the employees, and support the City. When Mr. Dudik had a
problem before this Commission, this Commission, asa whole, went against the Administration and ordered
the Administration to resolve the problem that he had. But I think that what the people from Bayside are
requesting is not much, and I really believe that we should work better with our good and big cistomers.
We seem to harass all the good customers of the City by sending letters and trying to make them comply to
the last minute and, yet, these are the people that pay most of the salaries of the City employees. So, I am
ready, Mr. Chairman, to introduce a motion to reject...
Chairman Plummer: Not yet, sir.
Commissioner Regalado: Well, I'm just saying what I would do, to reject this amendment.
Chairman Plummer: Any other Commissioner wishes...
Commissioner Teele: I wanted hear the lastpart of the Commissioner's statement. To do what?
Commissioner Regalado: To reject this amendment.
Commissioner Teele: To reject the staffs recommendation?
Commissioner Sanchez: Yes.
Commissioner Regalado: Yes.
Chairman Plummer: Is there any other Commissioner wishing...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I agree that if...
Chairman Plummer: And, Mr. Regalado, you will have that opportunity, sir, to make that motion atthe
42 September 21, 1999
6. A
time.
Vice Chairman Gort: Listen, my understanding is, the biggest problem is, when the boat, they have to take it
out for repair for 'Y' amount of weeks, there's nobody there to operate. I think they should have the right
that, if they're not -- they're fixing it or they're in store -- dry store, whatever, they should have the right to
bring another boat. In other words, we rent a slip, but not two boats at the same time. One coming in,
coming out. And I agree, I understand what they're saying about the Port, yeah. But the Port is a terminal
facility and that's all they do. Bayside is a completely different function. Its got retailers and it's got mixed
use. I think that we should, somehow, have -- amend this so -- not only them, but anyone that has a slip in
there, that a boat has to be away for 'Y' amount of time, they have the right to bring another boat in so they
would not stop their businesses.
Chairman Plummer: Any other Commissioner? Administration?
Mr. Donald Warshaw (City Manager): Thank you, Commissioners. Before I ask Christina to speak, let me
just state that we have had and continue to have an outstanding working relationship with Bayside, and
there's no reason that that won't continue. This issue came about because we're trying to find a compatible
plan for the boat owners and a very important and successful retail center, probably the most important that
the City has, and I couldn't agree more. Some of the issues that have been brought up, particularly, the ones
dealing with some of the boat owners who, when their boat goes out for two, three, fours weeks at a time for
repair, for painting, for Coastguard inspection, what they're asking is to have a replacement vessel in those
slips so that they can continue to employ their people. We do not want to have an round robin, where one
boat goes out of a slip and, then, there's another's coming in. I couldn't agree with you more.
Chairman Plummer: Excuse me. That is what is proposed in this ordinance, unless I'm mstaken.
Ms. Abrams: We didn't define it under what circumstance.
Chairman Plummer: Well -- but it can happen.
Ms. Abrams: Under the way its written.
Mr. Warshaw: But I think it can be defined and 1 think we should do that. But I can tellyou now that that's
not the environment that we're looking for. We are looking for compatible use. I understand the issue of
vistas and views from restaurants. We don't want to have a boat occupying every slip every minute of the
time. So, I'll ask Christina to explain and, then, maybe there's a possibility to have some more clear
definition as it relates to replacement vessels. So, it's not a round robin. It's nothing more than when a boat
goes out for three, four weeks at a time, that if the boat owner has another vessel, that he or she be allowed
to, you know, put that vessel into service.
Chairman Plummer: Christina.
Ms. Abrams: Would Bayside object to an amendment of the ordinance that would provide for that?
Mr. Vilarello: Mr. Chairman?
Chairman Plummer: Mr. City Attorney always take precedence.
Mr. Vilarello: The agreement between the parties requires that we have conversations with the Pier 5
Boatmen and the house Company in terms of changing the agreement. The amendment fiat is before you
43 September 21, 1999
a
was provided to both those entities. We didn't come to an agreement on its application but we, certainly,
provided it to them for their information. My point is, if the Administration wishes to change this, my
suggestion is that it take place before there's an item placed before the City Commission. Because I've
looked at this ordinance, as to legal sufficiency and not a violation of the agreement between the parties, and
I don't know what it is that we're proposing. I'd rather to do fiat and do that with the opportunity to review
the agreements, as opposed to on the floor of the Commission.
Chairman Plummer: All right. Christina, you heard the forbading of the City Attorney. You want to
proceed or not proceed? I would assume he has advised you not to do it on the floor but in private and, then,
if the agreement is reached, to come back to us, I think is what he's trying to advise.
Vice Chairman Gort: Excuse me. Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I have a question. We have three attorneys in here. I think each group involved in
this contract is represented by the attorneys in here. I think we can go ahead and take a step here. I mean, if
we all agree -- I think we all talked about the need that these boats have to go out and incapacitated, that that
-- somebody else, they can bring another boat to take its place so they would not displace the individuals and
revenues for the business. It would not affect the businesses. I think their biggest concern was, have one
boat go out and, then, another one come in.
Commissioner Sanchez: A round robin effect.
Vice Chairman Gort: That's a bigger problem.
Chairman Plummer: That would be...
Vice Chairman Gort: And I think that if we can amend this, where it can say, that is, you cannot have two
boats coming in on the same day. They have to be in case of repair. And you can have the right wording on
it.
Ms. Abrams: And that's fair enough. Then, we'll work on the language...
Vice Chairman Gort: That the only way they can use it. I think you have that contract, that language you
had before. We can ask that people from Pier 5 represented here and the people from Bayside, if they agree
on that, if they have any problem with that amendment? And I'm sure they can work out a solution.
Chairman Plummer: All right.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I still like to make a motion to reject this amendment.
Chairman Plummer: I heard that before but, sir, I would like to give my colleagues the opportunity to ask all
of the questions they want.
Commissioner Regalado: Absolutely.
44 September 21, 1999
Chairman Plummer: And let's get everything out in the open and on top of the table. Mr. City Attorney, you
heard the remarks of Mr. Gort. If that were to be. the case and there was to be any kind of negotiation, I
would assume we would continue this item or defer it until, at least, this afternoon or to the next agenda. If
we hear the comments of my colleague, Mr. Regalado, Amen, it's cut bait and fish out today.
Commissioner Sanchez: J.L.?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: With all due respect, a Commissioner has made a motion to reject. I'm wiling to
second the motion, with a friendly amendment.
Chairman Plummer: All right. But hold on. I'm trying to get, you know, everybody-- Mr. Teele has been
awful quiet. Do you wish to make any comments, sir?
Commissioner Teele: Mr. Chairman, thank you for the concern. Just as a matter of procedure, I think it's
much better to let the motion be made before the debate goes on and the second, and, then, we can debate
the motion. I mean, these general discussions have a way of just wandering allaround and...
Chairman Plummer: Isn't it true.
Commissioner Teele: And you can limit the discussion to the motion.
Chairman Plummer: OK.
Commissioner Teele: So, what I'm really waiting for is a motion before I...
Chairman Plummer: I hear you, sir. Administration got anything else they want to say? City Attorney,
anything?
Mr. Vilarello: Commissioner, Commissioner Gort's comments are well taken. If they're prepared to come
before the Commission and agree to a modification, I can certainly start trying to draft an ordinance to
reflect that.
Chairman Plummer: Mr. Regalado?
Vice Chairman Gort: Let them come back this afternoon. They're all going to get together and they can
come up with a resolution that we're in favor of it Let's defer it until this afternoon. Commissioner
Regalado.
Commissioner Regalado: I don't have any problem...
Chairman Plummer: All right.
Commissioner Regalado: But I would still like the Commission to vote on it. I think that, you know we
keep deferring stuff...
Commissioner Sanchez: Mr. Chairman, how long have they...
45 September 21, 1999
fi, A
Chairman Plummer: Wait a minute. Mr. Regalado has the floor. Are you finished, sir?
Commissioner Regalado: I'll make the motion. I make the motion to reject the amendment.
Chairman Plummer: All right. Then, to reject the amendment or the ordinance?
Commissioner Regalado: No, no.
Commissioner Sanchez: Deny the ordinance.
Commissioner Regalado: The item as presented to us, to amend the ordinance.
Chairman Plummer: It's an ordinance. You're denying ordinance, number one. I'm sorry, number two.
Commissioner Regalado: Number two.
Chairman Plummer: And you, Mr. Sanchez, are seconding the motion?
Commissioner Sanchez: And would like to place a friendly amendment.
Chairman Plummer: All right. Now, that it's on the floor, a friendly amendment by the seconder?
Commissioner Sanchez: Yes.
Mr. Vilarelio: What is the amendment?
Chairman Plummer: All right.
Commissioner Sanchez: The amendment is that the Administration sit down and review the agreement with
them so, when they're boats are broken...
Ms. Abrams: There is no longer an agreement. When you say with them, you mean the Celebration, the
stipulated settlement agreement?
Commissioner Sanchez: With the ones that have complained that, when their boats are down and they're
broken, their slips are empty.
Chairman Plummer: I think what you're going to find, the agreement presently is between the Pier 5
Boatmen and Bayside.
Ms. Abrams: Can I make a suggestion? Maybe, if we were...
Mr. Vilarello: Can I first deal with the amendment to the motion?
Chairman Plummer: Wait a minute now. You've got to speak -- excuse me. You have to speak to the
motion, and the motion on the floor is to deny. Mr. City Attorney, you're always.
Mr. Vilarello: The second to the motion seeks to amend the --I think what Commissioner Sanchez wants to
do is just direct Administration. I think, appropriately, the motion is a motion to reject the Administration's
recommendation on the ordinance. It's a second to that. And, then, at a future time, direct the
46 September 21, 1999
(,_N
Administration to find a solution.
Commissioner Sanchez: Thank you.
Chairman Plummer: OK. Now, is everybody totally confused, including Ms. Dougherty?
i
Ms. Dougherty: Just for the record, the Pier 5 Boatman don't have an objection to this amendment...
Chairman Plummer: All right. So...
Vice Chairman Gort: You come back...
Ms. Dougherty: ... to come back at a later time.
Chairman Plummer: All right. The motion on the floor is to deny Item 2, the ordinance. Is this motion
understood?
Vice Chairman Gort: Question.
Chairman Plummer: Question. Mr. Gort.
Vice Chairman Gort: If we deny this motion today and these parties get together and they're able to come up
with a solution, can it be brought back this afternoon?
Chairman Plummer: Sir, I would assume it could be. Mr. City Attorney?
Mr. Vilarello: If all the parties agree and we can come to some conclusion on it, yes.
Chairman Plummer: OK.
Commissioner Sanchez: It would be a motion to reconsider.
Ms. Dougherty: No. It would be an ordinance...
Chairman Plummer: No, because it would be amended.
Commissioner Teele: It's a new ordinance.
Commissioner Sanchez: Oh, a new ordinance, OK.
Vice Chairman Gort: It would be a new ordinance. Go ahead.
Chairman Plummer: All right. We're now calling the roll on the ordinance...
Commissioner Teele: Mr. Chairman, on the motion.
Chairman Plummer: Mr. Teele. Do we have to read the ordinance on a denial?
Commissioner Teele: Mr. Chairman, on the motion.
47 September 21, 1999
Chairman Plummer: OK. Call the roll, please.
Commissioner Teele: Mr. Chairman, on the motion.
Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: Mr. Chairman, I have two concerns on the motion.
Chairman Plummer: OK. Number one.
Commissioner Teele: Number one. Again, I have reviewed the packet of information that is before us by
the management and, again, I don't think -- given the fact that I've only been here 18 months, I don't think
the information gives us sufficient details as to what the facts are and the circumstances are. I appreciate
very much the fact that, in this proceeding, we have both sides and, so, that is cured, I think, by the advocacy
of both sides. But, again, I think the record -- the City records need to be complete as to what the issues are.
Because when the Clerk's Office makes the history of this, they're going to have -- this is going to be the
history that is going to go forward into the archives and when this issue is researched, you know, four years
from now, when somebody else comes up with the same idea, the record will not be replete. So, again, Mr.
Clerk, I'm going to ask that you make a copy of the presentations that have been presented to us, and make
this a part of the City's record, as well, as it relates to this document and to ensure that it is treated as a --not
an appendix but a core part of the facts. I want to apologize to the management because, before I heard the
gentleman discuss this issue, there was never really a court case brought into mind -- brought into the
discussion. The history, the very important history of how we got where we are, quite frankly, was
obfuscated. It never really came forth. And, so, I may have, in the past, suggested that I was for this, based
upon an equity issue, a denial of basic fundamental due process and rights, which I an always going to try to
support. But having a mature individual to enter into an agreement changes the whole equity arguments that
we heard -- that, at least, this Commissioner heard some six months ago. And if I had known-- and that's
why I started this thing out. If I had known that there had been a court case, there had been a mature and
developed settlement that all parties entered into, I certainly would not have indicated my support for this
position. I think a deal is a deal and everybody ought to stick by the deal. I strongly support what
Commissioner Gort is saying, particularly, as the gentleman spoke about the boat being out and people being
out of work. 1 think there's no reason, at all, no rational reason, that we cannot provide for a substitution of
boats, and I support Commissioner Gort's remarks on that. And I would hope that, if there is going to be a
recess over lunch and, hopefully, you could be the first item coming back after lunch...
Chairman Plummer: No, sir.
Commissioner Teele: ...or some time today, depending upon what the Chair would allow, that we can put
this issue to bed. Because I think the worst thing that we do in the City is, we continue to roll issues around.
We never bring them to conclusion. And -- I mean, this issue has been here. It has consumed a lot of time
and we need to bring this issue to a conclusion today or, certainly, in the very near future.
Chairman Plummer: All right.
Commissioner Teele: The second issue, Mr. Chairman, that I have is even more direct. And I call your --
the Commission's attention to the budget hearing. It is very clear to me-- and Commissioner Regalado got
into this; Commissioner Sanchez got into this-- that we need, as a matter of policy, to take a very long and
hard look at how we're handling these strategic business deals, whether it be the Convention Center, that I'd
like to get into today, or even the Arena, which I certainly-- Mr. Attorney, I hope you're going to give us a
report today on that lawsuit or some further developments on that. But, the fact of the matter is, it's hard for
48 September 21, 1999
me to believe that, as a government, we have a partner that's contributing three million dollars ($3,000,000)
to the taxpayers -- to the General Fund of this City, that we're not in close cooperation with and consultation
with along the way, and the fact that there are three different offices, Asset Management-- the office that is
here today is clearly not the office that they're dealing with on a regular basis, which is Convenions and -- I
apologize. I don't ever get it straight. But the nice office that has all the nice things in it, like the Orange
Bowl and all that stuff. And, then, you have the Office of Development. And I really just want to say that I
think this is a classic case, Commissioners, and Commissioner Sanchez to you, in particular, as to why we
probably should look at mandating some type of consolidation of departments, certainly, as we go forward
into the FY-2001 budget cycle. 1 just think we've got way too many departments. The place is too flat. And
what is going on now, this issue, is an example. And the office that, quite frankly, I thought would be doing
all of this is the development office, which is an office that Commissioner Regalado raised on he other
night. We just have to do a better job of coordinating. And I want to apologize to Bayside and the general
partner here, that I really do think that we owe you all an apologize. You all are doing a tremendous job
with a tremendous amount of things that we're competing against. I mean, we're competing against South
Beach; we're competing against the shops at South -- what is that thing now?
Commissioner Sanchez: South Miami...
Commissioner Teele: The shops at Sunset; we're competing against this Internet -- the thing there behind
Dadeland, which all of the people from -- apparently, they're going to build hotels because everybody from
the foreign countries are coming to go to that mall down there. We're competing against Sawgrass Mill. I
mean, you know, there's no shortage of venues here and, you know, this is our venue. I mean, with all due
respect to Coconut Grove -- and we compete with Coconut Grove and we have done some things that, at the
request of the Chairman, to ensure that Stierheim's Organization -- I'm sorry -- Talbert's organization gives
Coconut Grove equal -- but, you know, at the end of the day, Bayside is our property and it's our asset and I
really do think there's not a partner in the world that would have a ninety milion dollar ($90,000,000)
improvement on a piece of land that's probably worth a billion dollars ($1,000,000,000), that we would take
this -- our partners through this kind of stuff. So, I just want to be on record as saying that I don't think we're
treating you right and I hope that, in the future, we'll fix the governmental structure so that we can do a better
job of coordinating with you. And I'm going to support the motion.
Chairman Plummer: All right. Motion understood? Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Vice Chairman Gort: My understanding, that all three parties get together, we can come back this afternoon
with a new ordinance?
Mr. Gerig: Commissioner?
Chairman Plummer: Excuse me. We're in roll call. Mr. CityAttorney, would you answer?
Vice Chairman Gort: I guess we're now. Yes.
Mr. Vilarello: I'll certainly make myself or members of my staff available.
Vice Chairman Gort: OK. Yes.
Chairman Plummer: I vote yes.
49 September 21, 1999
The following motion was introduced by Commissioner Regalado who moved its adoption:
MOTION NO.99-648
A MOTION TO REJECT THE ADMINISTRATION'S RECOMMENDATION
AND DENY PROPOSED FIRST READING ORDINANCE TO AMEND
CHAPTER 50/ARTICLE V/ DIVISION 3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS AND
WATERWAYS/CITY MARINAS/COMMERCIAL VESSELS'; TO ALLOW
CURRENT SIGHTSEEING BOAT DOCUMENT AGREEMENT HOLDERS,
OPERATING WITHIN THE INSIDE BASIN OF MIAMARINA, TO OPERATE
A SECOND SIGHTSEEING BOAT UNDER CERTAIN CONDITIONS, ET
CETERA; FURTHER STATING THAT THE ADMINISTRATION SHOULD
SEEK A SOLUTION IN THE FUTURE TO SAID MATTER.
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: Do we need a motion to instruct the Administration to get together?
CommissionerTeele: Second the motion by Commissioner Gort, who's already made that motion.
Chairman Plummer: OK. Motion is, then, to comeback this afternoon, hopefully, with a negotiated packet.
All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-649
A MOTION INSTRUCTING THE ADMINISTRATION TO MEET WITH
AFFECTED PARTIES INVOLVING THE ISSUE OF ALLOWING THE
CELEBRATION SIGHTSEEING BOAT TO OPERATE A SECOND
SIGHTSEEING BOAT, WITHIN THE INSIDE BASIN, UNDER CERTAIN
CONDITIONS, AND COME BACK WITH A PROPOSAL FOR A
NEGOTIATED SETTLEMENT.
50 September 21, 1999
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: And we'll see all of you again this afternoon. Hopefully, not for two hours. Thank all
of you for being here. I'm not going to make a ruling, but if anybody is here beyond Item 10, chances are,
you're going to be in the afternoon. And, just for the record, at 2 o'clock, promptly, we will have the NET
(Neighborhood Enhancement. Team) Office presentation. Again, let me announce that the fire fee, by State
Statute, cannot be taken up until 5:05 this afternoon. We are now on Item 3.
RGORUINANCE: AiENIi CODE ,5ECTION 544190-r"STREETS $AND'
f,, , �� ,AMENDI�G �,EN'TiTLED`',d�NONSTAPtDARI): STREET�,fiWIDTHS,�z�,B�C
Cr- ''I7WID'I'A� OF�FIR�T�AVENUE ,FROMs EASTFiA�LER�,STREET� TOf
ECQtYDSTREET,c_(Seesection'75): ' 1' r `{rt � r, `,
i
Mr. Jim Kay (Director, Public Works): Mr. Chairman, members of the Commission, this is a First Reading
Ordinance on the rezoning of Northeast 1 st Avenue from East Flagler Street north to Northeast 2nd Street.
Chairman Plummer: Is there a motion?
Mr. Kay: Commissioner, may I point out one thing?
Chairman Plummer: Yes, sir.
Mr. Kay: We did do a study and an analysis of this.
Vice Chairman Gort: Move it.
Mr. Kay: We see no problems with this. All the building facades...
Chairman Plummer: Moved by Gort. Seconded by Teele. Read the ordinance. Roll call on first reading.
51 September 21, 1999
W
An Ordinance Entitled -
t. N,
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND
SIDEWALKS" BY AMENDING SECTION 54-190, ENTITLED
"NONSTANDARD STREET WIDTHS," BY MODIFYING THE
WIDTH OF FIRST AVENUE FROM EAST FLAGLER STREET TO
SOUTHEAST SECOND STREET, MIAMI, FLORIDA; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: The question is raised, what time -- Mr. Gort, what time do my colleagues want to
come back this afternoon?
Commissioner Sanchez: Two o'clock would be fine.
Chairman Plummer: Two for you. Mr. Teele, 2 o'clock agreeable?
OK. Mr. Regalado, your question, the answer is 2 o'clock this afternoon. I'm not sure whether that'sTiempo
Latino or America- no, but 2 o'clock.
Commissioner Regalado: Mas o menos.
Chairman Plummer: Mas o menos. All right, sir.
Mr. Kay: May I just make one statement?
Chairman Plummer: Mr. Kay.
Mr. Kay: On the last item, number 3, this was an action brought to our attention by an owner, a developer at
40 Northeast 1 st Avenue, and they have requested that this -- Item 3 be considered as an emergency
ordinance because the property is sitting...
52 September 21, 1999
L_
Chairman Plummer: Mr. Attorney, can we do that, when it's not been advertised?
Mr. Kay: No.
1 Mr. Alejandro Vilarello (City Attorney): Well, by the virtue of the nature of an emergency
ordinance...
Vice Chairman Gort: Don't go away, guys.
Mr. Vilarello: ... suspended advertisement. I would have to review the request and understand exactly...
Chairman Plummer: Come back this afternoon and see if we could do it on second reading.
Mr. Vilarello: ... the nature of the emergency.
Vice Chairman Gort: Can have second reading this afternoon.
Chairman Plummer: Item number 4, discussion renaming of Curbs Park to Florence Griffith -Joyner Track.
Commissioner Teele: Mr. Chairman, is there a minimum requirement between first and second reading,
based upon our ordinance?
Mr. Vilarello: By virtue of the advertising requirements, yes. I believe Mr. Ibeman can address it. I
believe it, generally, requires missing a meeting because of the placement of the ad in the paper, et cetera.
Commissioner Teele: But could this be advertised for Wednesday's meeting?
i
Mr. Walter Foeman (City Clerk): From first to second reading?
F
Mr. Vilarello: No.
Mr. Foeman: No.
Mr. Vilarello: We require seven days?
Mr. Foeman: Need a I O-day minimum.
Commissioner Teele: You're required 10 days?
Mr. Foeman: It's 10.
Chairman Plummer: Did you say Wednesday's meeting?
Vice Chairman Gort: Got a whole seven days.
Commissioner Teele: When is the budget hearing?
53 September 21, 1999
Chairman Plummer: Budget hearing is on the 28th. Well, I was going to bring that subject up now. Mr.
Manager, let me broach that subject very quick like. I am very much concerned that we are having second
reading of die budget on the 28th. That leaves us with two days, if, in fact, this Commission sends a budget,
for whatever reason, that is not acceptable to that party that has veto over budget. I'm asking you to come
back this afternoon and recommend whether three members of this Commission should call a special
meeting prior to that date, so that we have more time. Can we do that?
Mr. Vilarello: The 28th?
Chairman Plummer: Yeah.
Commissioner Teele: You've got to have a unanimous Commission. I mean, you've got to have five
Commissioners to set a budget.
Chairman Plummer: No, sir. Three Commissioners can call a meeting.
Commissioner Teele: J.L., you know, one Commissioner could call a meeting, but what I'm going to tell
you is, you're not going to set millages with three Commissioners.
Chairman Plummer: I'm not saying that, sir. I am...
Commissioner Teele: Well, that's what the budget is. The budget...
Chairman Plummer: I am concerned and maybe I'm overly concerned.
Commissioner Teele: No, I think you're right. And I think the only issue is, can we meet on Friday or can
we meet on Monday? I mean...
Chairman Plummer: OK. Mr. City Attorney, would you come back this afternoon...
Commissioner Teele: You need three days' notice.
Chairman Plummer: ... whether or not we should consider having another meeting, before the 28th, on
budget, so that we can possibly come up -- we've got to work something out. I mean...
Mr. Vilarello: Commissioner, you can have, between now and the 28th, as many workshops meetings as
you all wish to have to discuss budget.
Chairman Plummer: All right. So, that may be the answer.
Mr. Vilarello: You can only take action at the next budget meeting on the 28th.
Chairman Plummer: All right. So, you're saying is that, if we want to have a workshop to try to work
something out, as long as it's -- it would have to be advertised a workshop, if more than two Commissioners
attending?
Mr. Vilarello: You would need 24-hours notice to call the meeting.
Chairman Plummer: OK. So, then, this afternoon we might approach the subject and set a date for a
54 September 21, 1999
i
1
workshop. Saturday morning at eight.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I strongly recommend that we have a workshop.
Chairman Plummer: Sir, that's why I brought it up, OK? I'll tell you what. Would you all like to look at
,your calendars for Friday morning or Friday afternoon? I mean, y'all give me a date. I'm not trying to be a
dictatorial here.
Commissioner Teele: Why don't we do it Saturday?
Chairman Plummer: Saturday's fine with me. Saturday morning?
Commissioner Teele: Saturday morning.
Chairman Plummer: All right. Mr. City Attorney, will you so advertise-- Mr. Clerk, so advertise that we
will have a -- but you've got to still advertise it, correct?
Mr. Vilarello: Just have to post a notice.
Mr. Foeman: Reasonable notice.
Chairman Plummer: Post a notice that we will have a budget workshop on Saturday morning at 8 o'clock.
Commissioner Teele: Nine o'clock.
Chairman Plummer: Nine o'clock. And the City Manager will provide the bagelsand lots of orange juice
and coffee. All right.
$ 'S{a,CURTIS�PARK}TRACK, LOCATED. AT 1901 NW 24"AVENUE, TO FLORENCE;
Chairman Plummer: All right. Now, we go back to Item Number 4. Item Number 4 is the renaming of
Curtis Park. Mr. Gort.
Vice Chairman Gort: It's not the renaming of Curtis Park. (unintelligible)
Chairman Plummer: Sir, I read the agenda and it says, renaming of Curtis Park Track.
Vice Chairman Gort: Oh, track. You forget the track. There's a difference between Curtis Park and the
Curtis Park Track.
Chairman Plummer: Detail. Details.
Vice Chairman Gort: Well, it's very important. I visited with (unintelligible) the other day. I was at Curtis
Park and I walked into the track and there was a plaque there in behalf of Florence Griffin -Joyner, who was
55 September 21, 1999
in the opening of the park when it was inaugurated and we spent the money. And I would like to have this
public hearing to name that track after this...
Chairman Plummer: Set a date.
Mr. Alberto Ruder (Director, Parks and Recreation): This is the public hearing.
Vice Chairman Gort: This is the public hearing.
Chairman Plummer: This is the public hearing. Are you making a motion to do such?
Vice Chairman Gort: I'm making a motion to do so.
Chairman Plummer: And Mr. Sanchez...
Vice Chairman Gort: And, by the way, any expenditures that would take place to put the plaque in its place
in honor of this lady will be paid by the private sector.
Chairman Plummer: All right.
Vice Chairman Gort: No City funding will be utilized.
Chairman Plummer: Mr. Sanchez makes the motion. Commissioner...
Commissioner Sanchez: I'll second.
Chairman Plummer: Mr. Sanchez seconds the motion. All in favor say "aye"
Unidentified Speaker: Opening for public...
Chairman Plummer: I'm sorry. Does anybody of the public wish to speak on the issue? Let the record
reflect no one came forward. All in favor of the item say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-650
A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE
TRACK LOCATED IN CURTIS PARK SPORTS COMPLEX, LOCATED AT
1901 NORTH 24TH AVENUE, MIAMI, FLORIDA, AS THE FLORENCE
GRIFFITH-JOYNER TRACK, CONTINGENT UPON THE PRIVATE SECTOR
PROVIDING ALL EXPENSES ASSOCIATED WITH SAID RENAMING;
FURTHER DIRECTING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY,
FOR SAID PURPOSE.
56 September 21, 1999
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
Vice Chairman Gort: And there's a picture (unintelligible) with her, the day.
Chairman Plummer: I've got an autographed poster from her.
Chairman Plummer: All right. The Item Number 4A. This is Commercial Facade Program for onehundred
thousand dollars ($100,000). Is there a motion?
Commissioner Sanchez: So moved.
Chairman Plummer: Is there a second? Is there any discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-65 1
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE ALLOCATION OF $100,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE PAYMENT OF RENOVATIONS
THROUGH THE COMMERCIAL FACADE PROGRAM; ALLOCATING
FUNDS FROM BLOCK GRANT PROGRAM INCOME ACCOUNT NO.
799602-452325.
57 September 21, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Note for the Record: Mr. Camille Merilus was not present when his item, Item Number 9, was called.
Chairman Plummer: The Chair will definitely now rule that any item after Item Number 9 will be after 2
o'clock. We're now on Item 5, Mr. Camille Merilus. Is he present? Mr. Camille Merilus.
Vice Chairman Gort: I don't see him here.
Chairman Plummer: All right. So, that matter is deferred at best.
Chairman Plummer: Mr. Albert Johnson, who's got a fantastic idea.
Mr. Albert Johnson: Commissioner, on that, I'd really like to...
Chairman Plummer: For the record, your name and mailing address.
Mr. Johnson: For the record, it's Albert Johnson. I reside at 3370 Poinciana Avenue in Coconut Grove.
Commissioners, our top gun, our partner, and I love to hear him speak, is George Knox. And he had to be
called away and I'd like to do our presentation before this Commission with him.
Chairman Plummer: When?
Mr. Johnson: After...
Chairman Plummer: This afternoon? Next meeting?
Mr. Johnson: This afternoon. No, no. This afternoon.
Chairman Plummer: All right, sir. But, understand, you will be placed at the end of the agenda.
58 September 21, 1999
Mr. Johnson: Is that OK? That's fine.
Chairman Plummer: OK. All right. So, this item willbe placed at the end of the agenda.
Chairman Plummer: Mr. David Ralph. Mr. Ralph to address the Commission concerning construction
noise outside of the City of Miami Charter and Code. Mr. City Attorney. Mr. Ralph, if you would, give us
your mailing address and proceed, sir.
Mr. David Ralph: David Ralph, 2715 Tigertail Avenue, Coconut Grove, Florida. I live directly across the
street from the Ritz Carlton development at-- I believe it's 2701 Tigertail. And first off, I'd like to say that,
as a Coconut Grove resident, I'm behind the development of this building and I think most of the tenants in
my building are behind it, as well. However, we're having a problem with construction noise in the early
morning hours. The problems are that we're waking up to hammers, cranes, heavy equipment. Under the
City Code, construction operations are supposed to start at 8 a.m., and that's been aweptable. However, for
the entire year during development, we've had to live with construction noise, at times, 24 hours, around the
clock, at enormous decibel levels. It's affecting, personally, my job, my relationship at home. It's affecting a
lot of other people's personal affairs, to wake up to this noise. The police have come out many times to have
the noise turned off and it comes back on two hours later. The police comes back, tell them to turn it off.
Comes back on two hours later. I've contacted the City Manager's Office and they've come up with some
acceptable remedies to the problem. However, right now, the developers are discussing with the City
extending the construction hours prior to 8 a.m. I think they want to try to get developmentto start at 5 a.m.,
and I think they've succeeded in getting it to start at 7 a.m. I think it's three days a week for certain, specific
activities and I feel that that's unacceptable because these activities can't be monitored; they can't be
measured, and it's going to create a problem for the residents in the community. I have a petition here
signed by many of the residents, that they are against this and they'd like to have this exemption, that was
given by the City of Miami to the developers, to have that revoked. And I would like to come before you to
ask that that exemption be revoked and that no exemptions outside of the stated noise ordinance be given.
Chairman Plummer: Mr. Manager?
Mr. Frank Rollason (Director of Building and Zoning Department): Frank Rollason.
Chairman Plummer: Mr. Rollason, head of Building and Zoning.
Mr. Rollason: Good morning, sir. As I was saying -- this is the first time I've met Mr. Ralph face to face,
but we've talked on the phone many mornings, early, when he gives me a buzz and let's me know we've got
a problem there.
Vice Chairman Gort: Does he have your home phone?
Mr. Rollason: I think he's got my pager. We've communicated quite a few times. This is a problem that
goes through the City with these major projects that are underway. It's not just limited to what's happening
at the Ritz Carlton. The projects that are off of Brickell and over on Brickell Key and so forth. We face this
on a regular basis. Together with NET (Neighborhood Enhancement Team) -- and Mr. Diaz is here -- and
the Police Department, we have tried and I think we have succeeded, to some degree, to cut down on the
violations that are before 8 o'clock in the morning. However, from the Building Department's standpoint, as
59 September 21, 1999
I have explained to Mr. Ralph and others that have had complaints about the noise, there are certain
operations that need to take place at these sites that require time frames that are outside what our current
ordinance is, and there's a provision in it for the Manager to take -- to approve an exception for a period of
time. The Ritz Carlton has had four of these. There's one that is currently ongoing and it will ongo until the
slabs are poured in both the towers. The basic problem is that the concrete has to be delivered in a timely
fashion and the pouring has to start earlier in the morning than traffic will allow at 8 o'clock in the morning.
If we deny this or we don't have a way that they can start earlier, when they're making these pours, they can't
complete it by the time we get to the heat of the day. We're having problems with the concrete getting hot
and we're going to have a problem with the -- how well the floor forms and so forth. Our engineers have
looked at this for the City, the engineers, their outfits have looked at them and it seems to be a reasonable --
from the construction standpoint, a reasonable exemption to allow them to start one hour prior to the starting
time. The regular starting time is 8 o'clock. We have allowed 7 o'clock onthe days that they pour to be no
more than three days a week and not on Saturdays. There has been no discussions for anybody wanting to
start at 5 o'clock in the morning, at least, with the Building Department. And we try to keep this as tight as
we can and we passed the exemption letter out to the NET office and to the police officers that have that area
for them to enforce those hours, but it makes noise.
Vice Chairman Gort: No. I understand. But that's a concern that, not only do I have with theconstruction
but, for example, I have a train 4:30 in the morning blowing that whistle at full blast, and there should be
some control. I mean, I'm up at that time. I don't have any problem with that. But-- and I think there
should be -- at 7 o'clock, I don't have any problem with that, but 5 o'clock in the morning, something like
that -- and if people do violate that, somehow, they should be fined. I mean, we have certain restrictions.
They have to comply by it.
Chairman Plummer: I've never heard the request for five.
Mr. Rollason: No, that request has not come. But the request to-- the earliest we've allowed them to work
is at 7 o'clock in the morning. He is correct. We had a period of time that they had two exemptions. They
had to work around the clock. One was when they were dewatering, and we had them lower the decibel to
the point that I, personally, stood across the street with a decibel meter and you could not hear that the
pumps were running. And the other time was when they poured the two floating slabs. They had to start at
around --just after sundown, and they poured through the night into the next day to be able to keep it all in
one piece.
Vice Chairman Gort: So, my understanding is, no construction unless they receivea special permit from the
Administration, can begin before 7 o'clock?
Mr. Alejandro Vilarello (City Attorney): Before eight.
Mr. Rollason: Before 8 o'clock A.M.
Vice Chairman Gort: Eight o'clock. And they can ask for a special request at 7 dclock when they pour
concrete?
Mr. Donald Warshaw (City Manager): That's correct.
Vice Chairman Gort: I don't have any problem. OK.
Chairman Plummer: Do you want to hear from the developer? He's here
60 September 21, 1999
Mr. Domenico Rabuffo: Domenic Rabuffo. I came to South Florida. I'm the Vice Chairman of the
corporation. And we have not -- some of the things he's said is not true. You know, this -- we try to keep
the noise in control. For instance, the last three weeks we didn't have to pour concrete; we did not attempt to
start it. We keep only the equipment-- when we pour the concrete, we try to establish a size that's effective,
so we do it in an orderly manner and not in a rapid manner. But the concrete, when you have your hot days
and you're pouring fourteen thousand square feet, you've got to get it in before 12 o'clock. You've got to get
it in. Otherwise, you're going to get hot trucks, hot loads, and you're going to get cracks and you're going to
get a safety hazard in a building, and that's when we only try to do it. Now, we don't do it the way he's
saying. We have not requested a five o'clock start, nor did I ever even think of starting at five o'clock. This
young fellow here -- I'm here and I live in the corner at the same -- right opposite him. I live in the 2700
Tigertail all week. I live right opposite him, at the same level, and the noise decibel is down as far as you
can go. And most of the times what he hears is a beep from other trucks out in the street. And we do not
run equipment that we do not have to. And now, we're going to electric cranes, which will bring the decibel
noise down further.
Chairman Plummer: All right. Administration.
Mr. Warshaw: I guess, all I can say at this point is that, we're going to work with the neighborhoods. I
understand the sensitivity of development being compatible with, you know, people who reside in the
neighborhoods. Frank's been very diligent, been out there on the scene doing...
Chairman Plummer: That, he has.
Mr. Warshaw: And we're going to find a happy solution. The gentleman's points are well taken and,
certainly, we don't want to disturb, you know, residents who live near the developments. So, we're going to
continue to work through it all and come up with ahappy solution, where we're able to build the facility but,
at the same time, not, in any way, inconvenience people who live there.
Mr. Ralph: One last note and comment. If this exemption is not going to be revoked, it's set up in a way
that it's...
Chairman Plummer: OK.
Mr. Ralph: If it cannot be revoked, the exemption is set up in a way that it only allows construction
activities for the pouring of concrete. Now, I don't know if the Police Department or the NET Office is
qualified to determine which activities are within this or not, but it's very gray right now. And my concern is
that, if this is not revoked, that it's very hard to keep tabs on and, then, us, as residents, are going to suffer.
Because it is an agony in the morning to wake up to pounding hammers and cranes and construction noise.
Mr. Vilarello: Mr. Chairman?
Chairman Plummer: Is there -- let me ask you. Because, you know, we're bordering on not just this project
but others, as you brought out. Is there any way that we could allow a 7 o'clock starting with a monitoring,
at the developer's cost, of noise factors not exceeding a certain level that would not be compatible? You
know, because -- let me tell you something. I can tell you right now. You remember we aplroved that high-
rise to be built on 36th Street and the Bay? And the one thing that-- one neighbor that came here, only one
person came, was concerned about the noise. Now, you know, when you start these 35 and 30-story
buildings, I'm just wondering if it's possible that there can be a compromise where certain work could be
started at 7 o'clock with a monitoring and if they exceed the monitoring, they get a fine? I don't know. But I
just would like to be, I guess, pro -development? Is that what I'm saying? Or pro -- having people come into
61 September 21, 1999
this community and not throwing every stumbling block in the world in front of them. That's what I'm really
talking about.
Mr. Vilarello: Commissioner, the ordinance limits construction activity before 8 o'clockin the morning. It
provides an exception that the Manager may consider, exceptions to that issue. If the Manager can do that
and limit the noise that's surrounding the construction, I think there are solutions that the Manager can
design to avoid the noise problem because, remember, ultimately, the ordinance is designed not to limit
construction but to limit noise. So...
Chairman Plummer: OK.
Mr. Vilarello: ...the gentleman mentioned electric cranes...
Chairman Plummer: I would hope...
Mr. Vilarello: ...the noise level comes down. We do have a decibel level that reaches the prescribed or
limited rate. If you can keep those noises -- the noise under that level, perhaps the Manager can fashion
something to make it friendly to the developer.
Chairman Plummer: Mr. Manager, can you come back tonight? I think that anything that benefits the
developer has got to be at his expense.
Commissioner Sanchez: Whoa, we don't have a quorum.
Chairman Plummer: Well, OK. We're not voting on anything. I think that, basically, what you're talking
about is a monitoring; that, if, in fact, they start at 7 o'clock and they exceed a certain decibel level, which
would be determined by the experts, that they would receive one big fine and, possibly, not be allowed to do
it for seven days. I don't know.
Mr. Rollason: Mr. Chairman, let me...
Chairman Plummer: Mr. Rollason, you're the expert in this field.
Mr. Rollason: Well, I'm not an expert at this, but...
Chairman Plummer: More so than I am.
Mr. Rollason: Let some of it prevail a little bit.
Chairman Plummer: As those say, the only thing I can do is bury people.
Mr. Rollason: Right now I'm working with Miriam Maer from the Attorney's Office involving this
ordinance. Right now there's several areas that need to be addressed and this is one of the areas we're
looking at. Some of the noise that is made on the construction site is not the control of the contractor, once
we open the gate. And some of those noises that are made, we have tried to get with OSHA (Occupational
Safety &. Health Administration) and discuss, as far as concrete trucks -- and that's one of the biggest
problems, that is, a piercing, back-up alarm that, when these trucks start moving on site. Now, once he
allows concrete to come in, these alarms, we've seen if we can dampen them, in some way, and whatever.
And, of course, that -- right at that point is a most dangerous time for these trucks backing up over workers
that are on site, and there's no way that they're going to dampen this sound. The other thing you have to
keep in mind is that, once you open the gates and you allow the workers in and they began to get to their
62 September 21, 1999
... r.1
place, or where they're going to actually perform their work, noise starts to be emitted and there's always that
employee that starts hammering on a scaffold or breaking something loose and that noise from that metal on
metal carries, just like alarm clock. It sometimes not just the machinery, but these other noises. I would
think that it would be prudent to keep it as it is and, as those developers run into a problem-- I mean, he
contacts me, just like he did this weekend, for the crane situation and we gave him the exemption to work on
Sunday. We've been available. We've reasonable with him. We understand what has to be done. They
wanted to start at 7 o'clock on Sunday. We told them, no, you couldn't start until nine. We started at nine
o'clock. We gave then an exemption for that day. So, I think, having that ability that theManager has to do
that gives us the flexibility. When we meet with the developers and the contractors, we give them a copy of
the noise ordinance. It's a time that we have the preconstruction conferences with them. We explain to them
what the process is; to get hold of us when they run into a problem and they need to work outside this
ordinance, and I think it's a good balance between us and NET trying to keep the homeowners, you know,
priorities in check, too. We have not turned them loose and given hem what they want to have, a hundred
percent, but there's got to be a balance.
Chairman Plummer: All right. So, what do you want to do?
Vice Chairman Gort: Leave it as it is.
Chairman Plummer: Leave it as it is, with the Manager having the authority to give a waiver? Is that what it
is?
Vice Chairman Gort: Yes.
Chairman Plummer: OK. All right. That's what it is. Thank you.
Mr. Ralph: I'd like to submit this to the...
Chairman Plummer: Yeah. If you would, to the Clerk, Rase. All right. This Commission is in adjourn --
Mr. Kay.
Mr. James Kay (Director, Public Works): If you would like, I can give you a very quick update on the areas
prone to flooding in the City?
Chairman Plummer: Two o'clock.
Mr. Kay: Two o'clock, yes, sir.
Mr. Vilarello: Commissioner, Item 8, the requester has asked for it to be withdrawn, if the Commission
wants to withdraw it at this time.
Chairman Plummer: We'll do it at 2 o'clock, sir
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:04 PM AND RECONVENED
AT 2:00 PM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONERS SANCHEZ, TEELE, AND VICE CHAIRMAN GORT.
Chairman Plummer: The items of the following have been withdrawn from the agenda, Item 14, 15, 16, 19,
and 32. Those items, if you're here for any of those items, are not going to be heard today. Two minutes to
the starting gun.
63 September 21, 1999
Chairman Plummer: Mr. Manager, would you let me know. There's, supposedly, a major fire on Flagler
Street in the 6400 Block? An apartment house that is occupied. Would you let me know...
Mr. Raul Martinez: Yes, sir. I'll get you the information in a couple of minutes.
Chairman Plummer. Thank you. It is one minute to the starting gun. I saw Tomas. Where did he go?
Right out the door. OK. All right, It is 2 o'clock. Ladies and gentlemen, I've -- Tomas? All right. Is the
TV running? The TV is running. Mr. Kay, you wish to give an update on the flooding conditions? We're
getting more wind and rain right now than we got from Floyd.
NORTHEAST SAND %w
'AND �9T�TR,`
Mr. James Kay (Director, Public Works): That's correct.
Chairman Plummer: Would you like to give us...
Commissioner Regalado: If I can ask you, Jim, a question before? Have you talked to the South Florida
Water Management?
Mr. Kay: We've been in contact with them this morning. I -- to what extent who was contacted, I know
back at the office. However, as I said before, I do know that the gates are open.
The flood gates are...
Commissioner Regalado: They did open the flood gates?
Mr. Kay: The flood gates have been opened for some time.
Chairman Plummer: You want to give us an update?
Mr. Kay: Several occasions in the City of Belle Meade we have written Belle Meade area. There is-- no
water is standing in the streets. There was a little bit in the gutters this morning, which may have beendue
to a high tide. But the travel lanes are fine in Belle Meade. We went to Flagami area. There was no water
standing on, for example, 62nd Avenue, between Southwest 3rd and 4th Streets at all. That was clear. Also,
Spring Garden. I drove that myself, just a few minutes ago. There was no water in the streets. A little bit in
the gutter again, but that was due to a -- sort of an uneven gutter. The one problem we did have, though, was
the one that Commissioner Teele was on interested in on Northwest 61st Street, between Oth and 14th
Avenues. We did have water standing across the street, and there is a problem. We are suspecting a
collapsed line. However, we'll wait until the water recedes and investigate and make repairs.
Chairman Plummer: And you will stay on it until this passes?
Mr. Kay: Yes, sir. I would suspect that we're probably going to have more tree damage at this point
tomorrow.
Chairman Plummer: It's blowing pretty good.
64 September 21, 2,999
Chairman Plummer: Mr. Marks, Mr. Lee Marks. You've got a bicycle race on Sunday in Coconut Grove,
Mr. Lee Marks: Thank you.
Chairman Plummer: What time does it start?
Mr. Marks: That is correct. Commissioner Plummer, Commissioner Regalado. The bicycle race is in
Coconut Grove start at 8 o'clock in the morning. They run through the morning and afternoon, until the big
pro race at 4 o'clock. We're bringing down some of the top international and national professionals,
including those that raced in the Tour de France.
Chairman Plummer: Is it free?
Mr. Marks: Yes, admission is free. There's also a free race for children. All people around the county and
elsewhere are invited to come down and bring their kids. The kids have a great time. We give them
certificates. And, also, something that's heating up is the 911 Police Bike Race. I see a lot of City of Miami
officers here. There are departments coming from Ft. Lauderdale, from all over the place, coming down to
race, and it turns out to be a lot of fun. So, the Police Bike Race, Great Kids Race, and a Mango Bicycle
Race start all before the big Pro Race at 4 o'clock. So, we invite everyone to come down. Admission is free.
The Great Coconut Grove Bicycle Race.
Chairman Plummer: You will rig it so the Miami Police win.
Mr. Marks: We are going to try. As long as they don't talk the most provado, because last year that's what
happened. The biggest guy speaking the biggest provado came up that hill last.
Chairman Plummer: And what was it you were telling me about this team that is going to be, that's such a
super team?
Mr. Marks: Well, the United States Postal Services sponsors a bicycle racing team that went, as the only
American team representative in France this year. The most prestigious race in all the world is the Tour de
France. It's 21-day bicycle race, over 2000 miles, and the US Postal Service team, with Lance Armstrong as
their leader, who is a young, Texan, battling back from cancer, he had 10 to 12 golf ball size tumors in his
body, that had spread to his lungs and his brain; he underwent chemotherapy; and he became a beacon of
hope for cancer patients, worldwide, when he turned around and with the US Postal Service team, won the
Tour de France. They, thus, became the first American team to ever win on French soil, the Tour de France.
Chairman Plummer: And they will be there Sunday?
Mr. Marks: Kevin Livingston is coming. If George Hencap will be here, he'll be here also. And we look
forward to big, great race.
Chairman Plummer: Sunday, this week, Coconut Grove, starting 8 a.m.
Mr. Marks: That's correct.
Chairman Plummer: I'll be there.
65 September 21, 1999
Mr. Marks: Thank you.
Chairman Plummer: But I'm not racing.
Mr. Marks: Well, bring a bike and race for fun.
Chairman Plummer: I'll bring my motorcycle, then I win.
Mr. Marks: Thank you very much.
°'2iN-13,Y?1V LITTLE HAVANA-NET OFFICE r..
Chairman Plummer: Mr. Sanchez, I'm glad you're here. I was waiting for you, sir, because this is your
district in West Little Havana.
Commissioner Sanchez: Yes, sir.
Chairman Plummer: And they're going to make a presentation on the NET (Neighborhood Enhancement
Team) Offices.
Mr. Ruben Avila: Good afternoon, Mr. Chairman, Commissioners. My name is Ruben Avila. I'm the NET
Administrator for West Little Havana, and tonight-- I mean, this afternoon we have some of our staffing
here; police that belong to our NET, and some of the people that we work very close with them. And, at this
moment, I'd like to introduce them. First, I'm going to start with my staff. Ana, will you please? Ana
Maria -Rodriguez. She's our secretary and service center's rep; our NET inspector, Elma Sanchez; my other
inspector -- he's on vacation -- his name is Miguel Roche; we have our lieutenant, Lieutenant Moreno, and
he's going to be talking to you in a minute. But I'd like to introduce some special people that really work real
close with us at the NET office. First of all, Mr. Luis Sabines, Jr., with the Facade Program; Raquel Jimenez
from Avondale Elementary School; Jose Fabregas; Neohmi, she's the present Little Havana Community
Center, and two special people that really work with us from Detroit Diesel, Armando Valdez- he's the
branch manager, and Luis Leon, he's the safety director. Thank you, gentlemen, for coming.
Commissioners, Mr. Chairman, at this time I'd like to tell you exactly what we've done in this eight months
and what we have done and what our goal's been. As all of you know, I have three Commissioners in my
area. One is Commissioner Tomas Regalado. The other Commissioner is Commissioner Willie Gort and
the third Commissioner is Joe Sanchez. I want to thank the three of you for the support -- also,
Commissioner Teele, for your support for the NET and, Commissioner Plummer, for your support on the lot
clearing. At this time, the West Little Havana NET Office, we have done a lot of work bringing new people
in, new businesses in. We've done two hundred and seventy-five new businesses, new Certificate of Use in
our area, and that gave us around sixty-one -- nine hundred sixty-five dollars with thirty-one cents ($965.31)
in this area. This is new revenue for the City of Miami. We have collected, so far, an addtional eighty-six
thousand three hundred and twenty-seven dollars with ninety-four cents ($86,327.94). We have painted,
through the Facade Program, more than a hundred businesses. Fifty of those businesses have been
completed. The other fifty businesses will be completed sometime --by the end of the year. We have a 4.3
square miles of West Little Havana. Our main goal is to provide new housing to this area, too, and some of
our guests are going to be explaining that. And, also, I want, at this time, bring the Lieutenant Moreira, so
he can explain to you about the crime in our area. Lieutenant.
Lieutenant Ernesto Moreira: Thank you very much. Honorable Mayor, Commissioners, City Manager,
66 September 21, 1999
staff. I'm going to go into the geographical area of the city that we cover, which is West Little Havana and
its boundaries, a description of its residential and business areas, the most critical problems of crime, and
what we're doing to resolve them. First, for the benefit of the citizens that, perhaps, do rot know the
geographical boundaries, West Little Havana, for police purposes, on our map, the northern boundary is the
south -- Northwest South River Drive and along Northwest 20th Street. We go from the east side on l7th
Avenue to the west side on 37th Avenue, and we go from 17th Avenue to 27th Avenue on Southwest 8th
Street, on the south side, and from 27th Avenue to 37th Avenue, along l6th Street, which is our southern
most boundary. The most critical problems that we've had, as far as statistically speaking and as far as
complaints from the citizens and residents, have been robberies, burglaries and auto thefts. What we've
done to address these concerns have been many fold approaches. We've initiated Quality of Life
Operations, such as bar checks, prostitution details; using our monthly NET overtime to address robberies
and burglaries, saturating the most affected areas in the known hot spots; we've been conducting plain
clothes details whenever we can. We initiated Operation ORION, which is the acronym for Our
Responsibility Is Our Neighborhood. ORION was instrumental in effecting several drug arrests and several
in -progress calls, based on the nature of the operation, which was primarily plain clothes. Gave us a little
opportunity, a little edge on the bad guys. Additionally, from ORION, we've also conducted community
meetings, which is mostly where we've gained the information that we need from the citizens, as far as their
concerns and their complaints so we could be able to respond to them and to their needs. These community
meetings are very instrumental in letting us know what the community needs, so forth. I think we've
established strong partnerships in that respect. We've also been working closely with the staff of the five
public schools that we have in my service area, including the Dade County School Board and many of the
personnel within the school, particularly Miami High, where we've instituted a Police Explore Program,
giving the young people an opportunity to become more familiar with law enforcement and perhaps
choosing that law enforcement career. We've been involved in doing a lot of gun/violenee presentations at
all these schools, and including some of the private schools in our area, as well as gang awareness to the
parents, gang awareness to the students, and gang awareness to the teachers. The Truancy Prevention
Program has also helped us out because we bring the kids back into the school and we find that truancy is a
direct relationship between the incidences of robberies and burglaries. We find that, usually, in the summer -
months, the robbery and, particularly, burglary rate increases. So, during the time that the kids are supposed
to be in school, we enforce the truancy program. We've also maintained close working relationship with our
-- my NET office and my NET counterpart to address a lot of issues, such as abandoned homes, abandoned
cars and so forth. As far as the community is concerned, they also expressed a concern about auto thefts.
And we've initiated -- in '98, as well as this year, we've initiated a lot of VIN Etching initiatives. And,
basically, for those who may not know what VIN Etching is, it's a process by which Vehicle Identification
Number of an automobile or a motor vehicle is engraved on the glass portion of vehicles so as to minimize
thefts. We provide this ,service by using Auto Theft detectives and their equipment, and we provide this
service completely free to anyone. We plan to do, at least, two more before the year is over and we usually
make an announcement on the news media. So, it's printed, as well as the radio and TV (Television). In
conclusion, we, the entire West Little Havana NET component, which you see here today, are striving
toward continued decrease of crime and quality of life, especially in my case or in our case, the police,
robberies, burglaries, and auto thefts. We look forward to continued partnership between us, the police, the
citizens, and everyone here from the NET office, as we face these challenges together.
Chairman Plummer: Thank you, sir. Mr. Sanchez, you wish to be heard?
Commissioner Sanchez: Yes, Mr. Chairman. First of all, Mr. Chairman, I'd like to commend the West
Little Havana NET' Office, Ruben Avila, the Administrator, and all his staff, also Lieut~nant Ernesto
Moreira, who I've known for many, many years. You know, I think that they -- and I have been one
Commissioner who has always supported the NET concept. I am blessed to have three NET offices in my
area, that represent my area. East Little Havana, which is an outstanding run NET office; West Little
67 September 21, 1999
Havana and, of course, Coral Way, in Shenandoah Park. These numbers that they have given here, they
should be highly commended. And let me just tell you something that is very rewarding to see. First of all,
when this concept came about to have the NET offices come in front of the Commission to explain what
they were doing -- and it's so rewarding to see numbers and show that we could hold people accountable for
what they have done. Productivity and effective and efficient government. Let me tell you. Solid Waste
complaints, they received 216. They closed 149. Zoning, 685. They were able to close, after taking care of
the matter, two hundred -- 522. Police complaints, 107. Sixty-two. Zoning. Zoning complaints violation,
3,594. 1 think that is one of the highest for any NET office in the City of Miami, if I'm not mistaken. I could
be wrong and I've been wrong many, many times before. But it is so rewarding to see a group of
professionals that are going out there to make this community a better community today. Now, one of the
things that I want to focus on, since, you know, I have always focused on the budget and what the City could
be doing to generate recurring revenue for this City. You have taken on the leadership to go out and collect
on occupational licenses, a Certificate of Use. Alone in the year, this year, 1999, sixtythree thousand nine
hundred and twenty-nine dollars and seventy-eight cents ($63,929.78). If every NET office went along and
visited every business in the City of Miami and made sure that they complied with the Occupational License,
Certificate of Use in a very, very professional manner, you would find out that an alarming, I would say, a
good 20 to 35 percent of those businesses are either using occupational license from the previously owned
business -- and correct me if I'm wrong because I've only been here 14 months, OK? And I think that is a
good source of going out and doing your job, which is in your job description to go out and focus on what
we could do to bring in more revenue. And I commend you. Because when I see these numbers, it shows
that you are doing an excellent job, and I challenge every other NET office to come up and try to come up
with the same numbers that you have come up with. So, once again, I thank you. Continue to do hard work.
I think that, you know, sometimes I do get complaints, you know, but that's part of the job. If you go out
there and you work, you're going to get complaints. When I was a State trooper, I went out there and I
worked. I got complaints. But as long as you treat people with respect, all right, and dignity, you still have
to do a job. So, I commend you, and thank you so much for taking time off your busy schedule and
presenting us with this presentation.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I, too, want to congratulate the NET office. I, too, want to congratulate the work
that you all have done. And I can say, as a witness, that were lucky to have Ruben, Captain Ernesto,
Lieutenant Moreira and all the civilians in the NET office because I've been to many, many community
meetings and they really take their time at night, after work, to be there. There's one thing that I'd like to ak
Lieutenant Moreira. When you put the heat on one area, then, you know, some of these bad guys move to
another area, and I think that, somehow, this is what has been happening in West Little Havana. But there's
also the issue of some motels in the area that have been the root of problems, especially in Flagler and 8th
Street, but especially on Flagler in the West Little Havana area. Lieutenant, what can we, as legislators, do
to make it easier on you?
Lieutenant Moreira: I could tell you what we have done, which is prostitution or john details. We do them;
we're glad to do them, but that's only a band aide. Motels and these types of establishments cater to people
for the purpose of -- many times, for the purposes of prostitution. I'm not a legishtor. As a layman, I would
say, maybe, perhaps, regulate the amount of time because most of these motels are regulated-- are rented for
two or three hours. If we could regulate an all night fee and maybe impose that, that's, you know, maybe a
recommendation that we could do. That's perhaps one...
Chairman Plummer: OK.
Commissioner Regalado: Martinez.
68 September 21, 1999
Mr. Raul Martinez (Assistant City Manager): Yeah. Commissioner, if I may? There is a --typically, hotels
are not supposed to rent by the hour, they are supposed to by at least 24 hours when you rent a hotel room.
There is an exception if you're near an airport, areas near an airport, where they're allowed to rent by the
hour. And that is the exception that a lot of the motels that you're taking about are on Flagler or Southwest
8th Street, they fall within the boundaries, if I'm correct, that they can rent by the hour. A lot of the
enforcement that we did on the upper eastside on the hotels were because of that. They didn't fall within the
exception so, therefore, they could not rent the hotels for an hour, an hour and a half. And a lot of the hotels
that usually exist many years ago don't exist there anymore because we went after their license, so on and so
forth. Maybe we can take a look of how broad that exception is, whether we can limit the airport exception
or near the airport exception for those hotels on the Trail on Flagler Street,
Chairman Plummer: Thank you for the presentation. And we will now get on with the agenda.
Commissioner Sanchez: Thank you.
Chairman Plummer: All right. Do we know where Commissioner Gort is delayed or any items that lie
wants delayed until his appearance? I've not received anything. Just for the record, the Manager called me.
He is stuck in his office working out a compromise of something and said that he would be delayed, and we
have Raul Martinez in his stead. We are now on Item Number 10. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Just for the record, Commissioner, Item number 8 was withdrawn
at the request of the applicant.
Chairman Plummer: Motion made by Sanchez. Seconded by Teele, that Item 8 be deferred or withdrawn?
Mr. Vilarello: Withdrawn.
Chairman Plummer: Withdrawn.
Commissioner Sanchez: Which one is Item 8?
Chairman Plummer: In reference to attorney fees for a litigation involving a City Ivliceman.
Commissioner Sanchez: So move or second, whatever.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous vote.
69 September 21, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-652
A MOTION TO WITHDRAW, AT THE REQUEST OF THE APPLICANT,
AGENDA ITEM 8 (REQUEST FOR PERSONAL APPEARANCE BY MR.
RONALD J. COHEN, ESQ., TO ADDRESS THE COMMISSION
CONCERNING ATTORNEYS' FEES IN REGARDS TO UNITED STATES OF
AMERICA V. PABLO CAMACHO, ET. AL).
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Chairman Plummer: We're now on Item Number 10. Mr. City Attorney, this is an emergency item on
four/fifths vote.
Mr. Alejandro Vilarello (City Attorney): Yes. This is an ordinance that was brought to the City
Commission on the 27th of July, but was deferred to address certain concerns from the industry. At this
point, it's necessary to consider the emergency measure because of amendments to the Florida Statutes
require that cities have to establish these rates, I believe, before October 1st. MiamioDade County has
established a rate for the immobilization or booting of vehicles at a maximum rate of sixtyfive dollars ($65).
The Miami Police Department Enforcement Detail has recommended a maximum fee of thirty-five dollars
($35), which includes a twenty-five dollars ($25) immobilization fee and a ten dollar ($10) administrative
fee, which was recommended and, is part of the ordinance, I've drafted and presented to you.
Chairman Plummer: Thank you, sir. Sir, do you wish to be heard on this item.
Mr. Hugh Cochran: Yes, I do.
Chairman Plummer: All right, sir. If you will, give us your name and mailing address. Are you an
attorney?
Mr. Cochran: No, I'm not.
Chairman Plummer: All right, sir.
70 September 21, 1999
Mr. Cochran: I'm the owner of the only booting company in Dade County. That's Florida Parking
Enforcement. The only booting company that I'm aware of. We are licensed in Dade County. We're
licensed in this City. As of this morning, we understand that there was a new license that was required as of
two weeks ago, and we have obtained that license as well. So, we are a licensed entity and have been for a
year and a half, I might add. Hugh Cochran, 1708 West 75th Street, Hialeah, Florida.
Commissioner Teele: Mr. Chairman, what is a booting company?
Chairman Plummer: A booting company is one that puts this thing on your tire when you're supposedly in a
violation and you cannot drive your car until you pay them andthey remove the boot. Am I pretty clear?
Mr. Cochran: Excellent.
Chairman Plummer: OK. Now, that's not cowboy boots. It's automobile boots.
Commissioner Regalado: They do that in London, you know?
Chairman Plummer: Yeah. Go ahead, Mr. Cox -- Cochran?
Mr. Cochran: Yes. Hugh Cochran, 1708 West 75th Street, Hialeah, Florida.
Chairman Plummer: OK.
Mr. Cochran: Again, I'm the owner of the only booting company in Dade County. Yes, we do, we place
boots on cars that are parked illegally, not on the government property or street property. On privately
owned property. Booting is used in 50 percent of all the major cities in the United States today and it's used,
primarily, by the governments, governments themselves. This is to include Los Angeles, New Orleans,
Boston, Denver, Chicago, Atlanta, Washington, DC. It is the favorite means of parking enforcement in
Canada and it is also the predominantly used means of parking enforcement in Europe. It is not something
new but it is something new for Dade County. It's used for illegal off-street and public parking, Scoff Law
collections, DUI (Driving Under the Influence) enforcement, non -renewal of license and registration fees,
and the enforcement of child support collections. These are the uses that are -- it's being applied to
throughout the United States. In Chicago, 800 cars a week are booted by the Chicago Police Department.
It's used. It's popular and, quite frankly, it's better than towing, in many instances, not in everyinstance, and
I'm not going to, for a moment, imply that booting should take over the job of towing. It should not. An
area where it has become very popular is in Scoff Law enforcement. In Boston...
Commissioner Teele: In what enforcement?
Mr. Cochran: Scoff Law, Scoff Law is where people don't pay their fines. People don't pay their tax --
their ticket fines.
Commissioner Teele: But doesn't the County enforce that?
Mr. Cochran: Yes, it does. No, it's not being done here.
Commissioner Teele: Does the City have any enforcement of that?
Mr. Cochran: No. We're looking into that. We need to contract with each City and the County to do Scoff
71 September 21, 1999
IL
Law violations. It is a potential moneymaker for the City, and I'll explain why. In Bcston...
Commissioner Teele: Yeah, but -- I just want to understand one thing. I thought that when the City or the
off-street parking issues a fine, that that fine was issued then by the Clerk of the Court, which is the County,
and that the City, literally, gives up jurisdiction over that. Once they write the ticket, whether it be the City
Police Department or Off -Street Parking, it's my understanding -- and correct me if I'm wrong, Mr.
Manager, Mr. Attorney -- but it's my understanding that once a municipality issues a ticket, that authority
has now gone to -- that authority then goes to the County for the collection or the enforcement of that. One
of the means of enforcing would be what you're talking about doing.
Mr. Cochran: That's correct. We're already looking into it. We're negotiating with the County.
Commissioner Teele: But we couldn't give you that authority?
Mr. Cochran: No, but you -- actually, you would have to because you receive a percentage of the revenues.
So, if I contracted with a county, a percentage of your revenues would go toward our enforcement and, so,
you would have to be a part of the contract.
Mr. Alejandro Vilarello (City Attorney): Commissioner, if I could? You're correct. Scoff Law is that they
have failed to pay parking tickets, all of that is enforced through the County. This addresses...
Commissioner Teele: Will we receive a revenue stream from the County?
Mr. Vilarello: On tickets...
Mr. Raul Martinez (Assistant City Manager): Yes, we do. I believe we get like a third or two/thirds of the
tickets go back to the City that initiated the violation
Commissioner Teele: But suppose a boot was put on?
Mr. Martinez: The boot that we're talking about here, Commissioner, is for private property. If you park in
a Publix parking lot.
Commissioner Teele: I'm asking the question. I understand. I'm not sure I understand. Help me
understand.
Mr. Martinez: I'll try.
Commissioner Teele: But if the County has a contract with them or whoever and if it is on a City property --
let's say it's within the municipality of the City of Miami-- and they fine this guy, this woman, this youth,
who's got 20 tickets, right?
Mr. Martinez: Yes.
Commissioner Teele: And you put a booton them, but your agreement would be with the County, do we get
any money from -- would we get any money from the boot that you put on, under the agreement with the
County? Because the boot you would put on them would be under the County's agreement or ate you saying
that we could also make that a City issue?
Mr. Cochran: Yes. Well, actually, all you would...
72 September 21, 1999
Commissioner Teele: Well, hold on one minute. Mr. Attorney.
Mr. Vilarello: Notwithstanding that issue, Commissioner, which...
Commissioner Teele: This is not before us right now?
Mr. Vilarello: Correct. This issue is an ordinance which regulates the ability of a private property owner to
boot illegally parked vehicles on private property.
Commissioner Teele: Well, why do we care? I mean, why don't we just go ahead and give the private
operator that authority?
Mr. Vilarello: I think there's probably-- as I understand it, there's been some abuse...
Commissioner Teele: I mean, we're not mandating it, are we?
Mr. Vilarello: Correct. There's been...
Commissioner Teele: In other words, if I own a parking lot -- if I owned a parking lot, I would have the
option of towing the car or putting a boot on?
Chairman Plummer: May I...
Commissioner Teele: I just want to clear this up with the Attorney.
Chairman Plummer: May I interrupt?
Mr. Vilarello: Yes, with the proper signs and posting.
Chairman Plummer: Two things, Commissioner. Number one, we did impose upon private parking a fee in
towing and many people said the same thing you just said. "Well, how can we do that on private property?"
Because...
Commissioner Teele: How much is that fee?
Chairman Plummer: I think it was eighty-eight dollars ($88), as I recall.
Commissioner Teele: How much is the fee we get?
Chairman Plummer: The fee was imposed-- we get the standard fee from the City, but we did impose it...
Commissioner Teele: No, no, no, no. How much of the money-- of the fee on towing...
Chairman Plummer: Of the towing.
Commissioner Teele: If I own a private piece of property...
Chairman Plummer: Yes, sir.
73 September 21, 1999
Commissioner Teele: ... and the car is towed by the private operator, how much money does the City get?
Mr. Martinez: And, Commissioner, there's a ten dollar ($10) surcharge for every violation in the City of
Miami.
Chairman Plummer: Ten dollars ($10).
Commissioner Teele: So, the City gets ten dollars ($10)7
Chairman Plummer: Yes, sir.
Mr. Martinez: Correct, sir.
Commissioner Teele: And the towing company or the private operator or whoever gets eightyeight dollars
($88) -- I mean...
Vice Chairman Gort: Seventy-eight.
Chairman Plummer. Seventy-eight less.
Commissioner Teele: Get seventy-eight dollars ($78).
Mr. Martinez: The (inaudible) are set by the Commission.
Commissioner Teele: And the guy who gets hit pays eighty-eight dollars ($88).
Mr. Martinez: Correct.
Commissioner Teele: So, we get 10 and the two company gets seventyLeight.
Chairman Plummer: Yes. And, Commissioner, it was it said "Why did we worry about private parking
lots?"
Commissioner Teele: No, no, no. I can see doing that.
Chairman Plummer: All right. And, so, that people didn't get ripped off.
Commissioner Teele: Sure.
Chairman Plummer: Now, second of all, the experience that I have had with talking with the Police
Department, their concern is very simple. Their concern says that these bootings are going to be
controversial, as all get out, which is understandable.
Commissioner Teele: Anything you do is controversial.
Chairman Plummer: And that they are the ones, the Police Department, who are going to have to be called
every time there is a controversy and they are the ones who are going to have to straighten out the situation,
which they should be speaking to and not me.
Commissioner Teele: But, .I.L., look, we can't let employees of the City make policy. There's a role for the
74 September 21, 1999
employees. There's a role for the Commission.
Chairman Plummer: I understand that, sir. But I'm saying...
Commissioner Teele: Let me just make my point on that. I would rather my car be booted than towed. I
mean, I'm speaking as a person, because there's so much -- I would rather have the cursing and the swearing
at the lot about the boot than to have my car towed.
Chairman Plummer: I understand that fully.
Commissioner Teele: And 1 can tell you, you don't have to say anymore. He doesn't have to say anything.
As long as we're going to get ten dollars ($ 10) or more...
Chairman Plummer: No, that's not the controversy.
Commissioner Teele: No, no, no. I'm just saying where I am. Because this is about money to me and
giving the operator the opportunity -- giving the property owner the opportunity to have a tow or a boot.
Right now he only has one of two things. He can tow or he can swear and curse or put a sticker on the car.
That's what they've been doing, you know, when I would go somewhere I wasn't supposed to be. They put a
big thing that's got a lot of glue on it and it's hard to get off.
Chairman Plummer: Right. Elephant glue.
Commissioner Teele: Elephant glue.
Chairman Plummer: Mr. Teele, if I may?
Commissioner Teele: Yes.
Chairman Plummer: That is not the issue here. The issue here, basically, is the cost factor. And in the same
way that we tried to protect the public on private property, if you had your choice of being towed for
eighty-eight dollars ($88) or getting booted for 35, that's what we're doing here and that's what we're trying
to decide. This gentleman would like us, I'm sure, to do as the County has done, at the sixtytfive dollar
($65) level. Miami Beach has adopted a twenty-five dollar ($25) level. What the Police Department here...
Commissioner Teele: Why can't we charge eighty-eight dollars ($88)?
Chairman Plummer: Sir, that's the towing fee, is what I said.
Commissioner Teele: But I'm saying, why can't we charge -- why should we give a break to the guy who's
breaking the law? I mean, if they're parking their car illegally on my lot and we're going to charge
eighty-eight dollars ($88) to tow, why can't we charge eighgLeight dollars ($88) for the boot?
Chairman Plummer: You can charge, I guess, or can set a maximum rate of anything that you wish. The
problem was not to be abusive and not to be overcharged.
Commissioner Teele: But, J.L., what's the difference?
Chairman Plummer: What is the difference?
75 September 21, 1999
Commissioner Teele: The difference is...
Chairman Plummer: Is what the public pays, that's the difference.
Commissioner Teele: No. But if they're paying eighty-eight dollars ($88) for the tow and they've got to be
inconvenienced to go to some god -awful place around the way to get -- look, J.L., I'm going to be real clear
about this. I don't like parking -- towing. I don't like what's in my district. I wish that we could stop towing
everybody. I don't want an impoundment lot. As far as I'm concerned, let's just leave everybody's car where
they are and we can maybe start getting rid of some of those lots under the 1-95. Because, as far as I'm
concerned, if you all are towing cars, whether they be drug related, prostitution related, as far as I'm
concerned, leave them in Coral Gables -- I mean, in Coconut Grove and on Brickell. Don't keep pulling
them into Overtown. So, I can tell you right upfront where I am. I want an eighteight dollar ($88) fee,
whatever the tow company is getting. I think we should not. provide an incentive for the tow companiesto
wind up with the business. I think we ought to charge the same amount and how much money we can get
from the -- what's the maximum amount of money we can get under the State law or under the County
ordinance for the City?
Mr. Vilarello: Commissioner, the administrative charge is designed to cover our costs of enforcement.
Commissioner Teele: The cost. Well, just remember, that applies to the Building Department, too, OK?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Remember that that applies to the Building Department. Don't start giving us a
lecture if you're not going to give us a lecture on all of it, OK? It belongs to the-- that argument goes
directly to the Building Department.
Mr. Vilarello: Yes, sir, it does.
Commissioner Teele: OK.
Chairman Plummer: I can see....
Commissioner Teele: So, the point is, what's the maximum amount of money that we could charge for a
boot?
Commissioner Sanchez: There is no limit.
Commissioner Teele: Well, you just said the Police Department is going to have to respond, so we ought to
be able to recover all the costs for every police unit that responds. So, that's going to be-- at an hourly rate,
how much do cops cost an hour? Forty dollars ($40), sixty dollars ($60) an hour, fully loaded? Fully
loaded?
Commissioner Sanchez: Twenty dollars ($20).
Commissioner Teele: Come on. You know police cost more than twenty dollars ($20) an hour.
Chairman Plummer: Ah, come on. You've got to be kidding me.
Commissioner Teele: I mean, that's why we're in all this trouble with the Oversight Board, is we can't...
76 September 21, 1999
Chairman Plummer: Plus, they send two men.
Commissioner Teele: I would be-- I'll be willing to bet you it's thirty to forty dollars an hour.
Vice Chairman Gort: Teele-- excuse me. I think you can setup eighty-eight dollars ($88) and have the
City get thirty-three dollars ($33).
Commissioner Teele: How much?
Vice Chairman Gort: I think you can have the City get thirty-three dollars ($33) and they still would get
their fifty-five dollars ($55), which is what we call the market.
Commissioner Teele: And I would like to make the ordinance and written in such a way that police shall
respond to anyone that requests it, and explain what the law is. Because let me tell you something. That's
our way, J.L., of paying that police officer's fee, his salary.
Chairman Plummer: Fine. Make it fifty bucks.
Commissioner Teele: J.L., I don't care, as long as we can get away with it...
Chairman Plummer: OK. Hey, what do we charge for the -- we charge seventy-five dollars ($75) for the
alarm ordinance and it's no more time, no less time, and we charge seventy-five dollars ($75). So, what
we're going to charge, then, the City of Miami, on every boot, will get seventy-five dollars ($75), is that
correct? Are we going to set the maximum of what they can charge on the boot?
Commissioner Teele: I think we charge eighty-eight dollars ($88), which is set by whatever the current
market is.
Chairman Plummer: And, then, the City will...
Commissioner Teele: The current market is eighty. -eight dollars ($88) for towing company. The question is,
somewhere between ten dollars ($10) and some other number is the reasonable cost to administerthis.
Vice Chairman Gort: Thirty-three.
Chairman Plummer: Well, I don't think it's thirtythree. It should be the same as what they get for the
response of a burglar alarm. It's two units. This is going to be a confrontational kind of thing. Tiey get
seventy-five dollars ($75) minimum, so I think the City should likewise get the same amount of money. I
mean, if we're going to get paid for what we do...
Commissioner Teele: How much is the County charging?
Commissioner Sanchez: Sixty-five.
Chairman Plummer: Sixty-five dollars ($65).
Commissioner Teele: How much is the County receiving back?
Chairman Plummer: I have no idea.
77 September 21, 1999
Commissioner Teele: Well, does it-- Mr...
Mr. Cochran: I'm sorry.
Commissioner Teele: How much is the County receiving back from the sixty five dollars ($65) they
charge?
Mr. Cochran: Nothing.
Commissioner Teele: Zero?
Mr. Cochran: Zero.
Commissioner Teele: Sorry I asked the question.
Mr. Cochran: But, you know, may I say something? Booting is a new form of enforcement down here.
There is going to be controversy. We all recognize that.
Chairman Plummer: And you're not the only one that's going to be in the business, let me tell you. From
what they're saying here today, there's going to be a lot of people in the business.
Mr. Cochran: And that's why these regulations must be put into place immediately. I believe in that. This is
my community.
Chairman Plummer: No, we're doing it because of the October I deadline.
Mr. Cochran: Well, regardless, I would be for regulation. It will help us. Now...
Commissioner Teele: Mr. Cochran?
Mr. Cochran: Yes, sir.
Commissioner Teele: I don't know where anybody else is. I've heard Commissioner Gort say thirty-five
dollars ($35). The ordinance says ten dollars ($10). Is thirty five dollars ($35) a reasonable fee?
Mr. Cochran: It is not. That puts us out of business, quite frankly. Not even a doubt about it. It puts us out
of business.
Commissioner Teele: I don't think you're listening to what has been said. If we -- you're assuming
thirty-five dollars ($35) of what figure?
Mr. Cochran: Thirty-five dollars ($35), with 25 going to us.
Commissioner Teele: No. See.
Mr. Cochran: Oh, you mean...
Commissioner Teele: See, you didn't-- you haven't heard.
Mr. Cochran: OK.
78 September 21, 1999
Commissioner Teele: We're at eighty-eight dollars ($88).
Mr. Cochran: Right.
Commissioner Teele: Does that put you out of business?
Mr. Cochran: No. No, it doesn't.
Commissioner Teele: Is that a fair fee?
Mr. Cochran: It is, in my estimation, because it should be identical to the towing fee. That's not the way that
we've been treated.
Commissioner Teele: So, thirty five dollars ($35) coming back to the City and eighty-eight dollars ($88) of
the eighty-eight dollars ($88)...
Commissioner Sanchez: We'll give you fifty-five dollars ($55) in your pocket
Mr. Cochran: Yes. I mean, we can live with that. Yes.
Mr. Vilarello: Commissioner, if I can address a couple of issues with regard to the...
Chairman Plummer: Boy, oh boy.
Mr. Vilarello: ...towing charges. The base rate for a Class A -- I believe it's a Class A wrecker would be
sixty-five dollars ($65). That's fifty dollars ($50) to the towing agency and an administrative charge to the
City of fifteen dollars ($15). And, then, based on the nature of the equipment...
Commissioner Teele: How much does the towing truck get?
Mr. Vilarello: Fifty of the sixty-five.
Commissioner Teele: So, it's sixty-five dollars ($65) and not eighty-eight dollars ($88)?
Mr. Vilarello: Correct. There is -- depending on the equipment used, there are higher charges, which are
authorized, whether it's a Class B, C or D wrecker...
Commissioner Teele: But do we know what the norm is? I mean...
Mr. Vilarello: The base Class A wrecker, which, I assume, is the minimal use of equipment, is sixtyfive
dollars ($65). Fifty to the...
Commissioner Teele: But what's the norm? What...
Mr. Martinez: Class A, Commissioner.
Mr. Vilarello: I don't...
Mr. Martinez: That's typically the one that gets towed the most.
79 September 21, 1999
Commissioner Teele: So, you're representing, on the record, that the typical towing would be asixty-five
dollar ($65) rate?
Chairman Plummer: Under the City regulations.
Commissioner Teele: Under the...
Mr. Martinez: In the City of Miami.
Chairman Plummer: The normal rate is eighty-eight...
Mr. Cochran: And that is based...
Chairman Plummer: ... but we limited them to the sixtyeight.
Commissioner Teele: And that's the total charge, sixty-five dollars ($65), and they don't get to add on a shop
charge and a storage charge?
Chairman Plummer: Well, your storage, of course.
Vice Chairman Gort: Storage, the whole works.
Major Joseph Longueira: If they leave...
Mr. Martinez: If the vehicle stays there over night, there's a storage charge.
Commissioner Teele: And how much is that?
Major Longueira: Thirty dollars ($30) a day.
Mr. Martinez: Thirty dollars ($30) a day, Commissioner.
Commissioner Teele: So, the real number here-- boy. The real number is 65 plus 30.
Vice Chairman Gort: Right.
Mr. Vilarello: The first six hours, there's no charge.
ChairmanPlummer: Oh, no. The car might be there a week.
Mr. Vilarello: If they recover the vehicle within...
Commissioner Teele: After seven hours, how much is it?
Vice Chairman Gort: Thirty dollars ($30) a day.
Mr. Cochran: But bear in mind, this is on a contract basis.
Commissioner Teele: Hold on. Please. Would you just hold on one minute, please?
80 September 21, 1999
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i
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Mr. Cochran: Yes, sir.
Commissioner Teele: After seven hours, how much is it?
Mr. Vilarello: Commissioner, reading from the ordinance, a passenger vehicle would be the daily rate of
twelve dollars ($12)...
Chairman Plummer: That's what it is.
Mr. Vilarello: A large vehicle...
Commissioner Teele: So, after seven hours, it's twelve dollars ($12)?
Chairman Plummer: Per day.
Mr. Vilarello: Motorcycles are four dollars ($4).
Commissioner Teele: So, it's sixt.N five dollars ($65), plus 12?
Vice Chairman Gort: How come it said thirty?
Mr. Vilarello: I don't know.
Chairman Plummer: I don't know where the 30 came from.
Vice Chairman Gort: Wait a minute. Wait a minute.
Mr. Vilarello: I'm reading the ordinance.
Commissioner 1'eele: It's sixty-five dollars ($65), plus 12, is that right?
Mr. Vilarello: Sixty-five dollars ($65) if it's left. After the seventh hour, it's an additional twelve dollars
($12).
Commissioner Teele: Yeah. But, you know, somebody's going to-- somebody has the statistics, I guarantee
you. Some -- probably the person is a -- what do you call the people that have the orange light on their car?
Probably some PSA's (Public Service Aide) got all of the numbers. They're sitting down at City Hall right
now all frustrated because they could tell you exactly what percentage of the cars stay over night; what
percent stay more than a day; what percent are picked up within six hours.
Mr. Martinez: Commissioner, if you want us to, there is an officer that does that, He's assigned to the
regular detail, Officer Moe. We can get a hold of him and get the information. I'll get back to you with that
information.
Commissioner Teele: Today?
Mr. Martinez: Yes, sir.
Commissioner Teele: What percentage -- but does anyone know, right now, about what percentage of the
81 September 21, 1999
cars stay more than seven hours or more than six hours, and what percentage are picked up within the first
six hours?
Major Longueira: Commissioner, Officer Moe is our specialist. He's the only one that would even have a
clue, and we'd have to get a hold of him. We can get him. If you want to table this for a little while, we can
get him.
Chairman Plummer: OK. The matter's tabled.
Commissioner Teele: But it's sixty-five dollars ($65)...
Chairman Plummer: I'm song. Sanchez wanted to speak.
Commissioner Teele: J.L., you know what? I don't know why you're so uptight about this issue. Why don't
you just...
Chairman Plummer: No, I'm not.
Commissioner Teele: Well, just relax. Take a deep breath, relax, it's going to be all right. It is. It'll beall
right. Don't get so uptight about this thing.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Are you finished, Mr. Teele? Mr. Sanchez, don't be uptight, take a deep breath, and
proceed.
Commissioner Sanchez: I am never uptight, Mc Chairman. First is, I don't think that you could compare
the towing to the booting. One is, the towing company has to pay insurance; they have trucks, gas,
employees. It gets a little expensive. Now, I, for one, I am one that would --I'd rather have my car towed --
I mean, my car booted instead of towing. If they tow your car, they take it to the yard; you've got to get a
cab to go to the yard. Many times, if you don't have the proper identification, they don't give you your car.
So, you have to either talk him into giving you the opportunity to go in your car and get your registration to
get your car out, so it becomes just -- it's a nightmare, you know. So, there are pros and cons to both. Now,
I agree that maybe we could come to an agreement, a compromise, where, in some situations, the car can be
booted and, on other, it could be towed. Because, once again, both of them have -- he said it. He can't do it
for thirty-five dollars ($35). If it's a good idea to somehow create revenue for this City, my God, that's what
we need to do for this City, create revenue and come to a compromise. But, you know, you can't say
eighty-eight dollars ($88) because, basically -- you know, the towing person, who's going to be paying the
same thing compared to what he is -- and I've spoken to him and I understand his thing -- is, you can't
compare. One has tremendous amount of expense, when the other one has minimal expense. So, I think
that, you know, maybe we're right. This is something that needs to go to aworkshop. We need to think it
through.
Commissioner Teele: Would you yield on that point?
Commissioner Sanchez: Yes, sir.
Commissioner Teele: Commissioner Sanchez, this is a very timesensitive issue because if we don't --
again, it's the old City of Miami rule. If we don't do something before October I...
82 September 21, 1999
N
Mr. Vilarello: Yes.
Commissioner Teele: ... then, the County law prevents us or preempts us from doing anything. So, we don't
have to do anything. We can let the County do this and we get zero dollars.
Chairman Plummer: That's right.
Commissioner Teele: And right now-- and I just want to say this. I've had some experience in transit and
the one thing that I learned about transit is this. And it's the same argument in a bw truck. People look at
those tow trucks; they look at busses, and they say "Why do those empty busses go down the street?" No
people on the busses. Why don't you get smaller busses? And that's the argument. I don't care if you're in
New York City or if you go to Waukeegan, Illinois that's the new number one question people want to
know. But I've got to tell you something, 80 percent of the cost of a bus, operating a bus, is that driver and
the mechanic, and it doesn't matter whether or not the bus ' a 40 passenger bus or a 20 passenger bus or a
six passenger bus, the cost of that operator, essentially, is going to be the same. The same rule's going to
apply here. Don't get confused about that trucker. They've got a capital cost, but 70 to 80 percent of their
cost is going to be in that driver. And whether or not it's a driver coming out in a wrecker or a driver coming
out in a jeep, both of them are going to have the same personnel costs. Every one of these boots has got to
be removed by an individual operator. And, I mean, that's just sort of the rule on capital -- I mean, on
human intensive operations, and whether it be a bus driver or whether it be a boat operator or whether it be a
tow trick or whether it be an ambulance operator or whether it be a hoot operator, you've got a certain cost
that's going to be, at least, 60 to 80 percent of the cost. It's going to be the cost of the people. So, there isn't
going to be that big cost. I mean, I know that the tow trucks have a thirty thousand ddlar ($30,000) and
eighty thousand dollar ($80,000) tow truck, and those costs get capitalized and they get amortized and
there's tax credits and all of that, and it really winds up in such a way that it's really not the big ticket item.
The big ticket item in all of this are the people costs and the insurance and the things associated with it, and I
can assure you that the tow truck guy and the boot guy are going to have to have the same level of insurance
policies and, quite frankly, he's going to have less damages than the tow truck is.
Commissioner Sanchez: Oh, absolutely.
Major Longueira: But it's not one for one for cost, Commissioner, because they don't have to tow the
vehicle all the way back. They can do three or four boots in the time a company can tow one vehicle.
Commissioner Teele: I yield back to Commissioner Sanchez.
Commissioner Sanchez: Thank you, Commissioner Teele. Now, just for my clarification, under what
circumstances would a car be booted? Under every circumstances?
Mr. Cochran: Right now, we're dealing only with private parking lots, not street parking, not contractual
agreements with governments. Strictly with private parking lots.
Commissioner Sanchez: All right. Thank you. Of course, with fifty dollars($50) -- would you be able to
make a profit with fifty dollars ($50)?
Mr. Cochran: I can tell you the bottom line, where we don't make a profit, and that's forty five dollars ($45).
Anything -- forty-five dollars ($45) and we've lost plenty and thats why 35 is just -- is beyond the pay-off.
Commissioner Sanchez: All right. How about you take 45, the City takes the 15? That's sixty dollars ($60).
83 September 21, 1999
Mr. Cochran: No, that would be forty-five if we had a contractual agreement. In other words, if we were
doing volume, we can do them for forty-five dollars ($45) a car. If we were doing volume, like the towing
companies, do with the City. They get a contract-- that's why it's 65 as opposed to 88.
Major Longueira: No, no, it's sixty-five in the City.
Vice Chairman Gort: Why don't you use the same as the County, have ten dollars ($10) come to the City?
Commissioner Teele: Mr. Chainnan?
Chairman Plummer: Mr. Teele,
Commissioner Teele: I would really request that we recess this item for 30 minutes or an hour and let the
management and the...
Chairman Plummer: What is the pleasure of the Commission?
Commissioner Teele: And let them come back and give us a joint recommendation or an individual
recommendation.
Chairman Plummer: What is the pleasure of the Commission?
Vice Chairman Gort: Sixty-five, ten for the City and fifty-five...
Chairman Plummer: All right. You'll be back in an hour, no less than an hour. The next item on the
agenda...
Commissioner Sanchez: And were going to make a decision on it,
Commissioner Teele: We're going to make a decision on it?
Commissioner Sanchez: Yes, absolutely.
Chairman Plummer: The next item is Item 11. Item 11 is a second reading ordinance relating to the powers
and duties of a Parks Advisory Board.
Vice Chairman Gort: Move it.
Chairman Plummer: Mr. Bush, you wish to speak on the issue?
Vice Chairman Gort: Second reading. Move it.
Chairman Plummer: Second reading. Moved by Gort.
Commissioner Sanchez: Second.
84 September 21, 1999
Chairman Plummer: Seconded by Sanchez. Read the ordinance. Mr. Bush, you're to be congratulated.
You're the one that brought this, with Arva Parks, to my attention and made it what it is today. Couple of
comments?
Mr. Greg Bush: Yes. I'd just like to thank you all for voting for it the first time around. And just a couple
of very brief comments. Most of the major American cities have Parks Advisory Boards and they have been
very effective, in terms of getting people out to speak in behalf of parks, to look over parks, different
problems, etcetera, and as, probably a lot of you know, there was a Comprehensive Neigiborhood Plan in
the late 80s, early 90s, which this was supposed to be a park. So, I think this is kind of bringing parks
up-to-date, so to speak. I think that any kind of costs involved for something like this would be quite
minimal, Can be easily offset by fund raising apparatuses that can be set up through a Parks Advisory
Board coming through the City Commission, and 1 think that a Parks Advisory Board like this can go a long
way to assure the design of parks and that they appeal to people of all ba:kgrounds and genders, and that
there can be a real new day for parks in the City of Miami. So, I thank you all for giving this serious
consideration.
Chairman Plummer: All right. The gentleman behind you wish to be heard?
Mr. Bruce Hamerstrom: My name is Bruce Hamerstrom from 8325 Northeast 3rd Avenue, Oakland Road,
Little River. And I'd like to tend my support to this concept because, in the maintenance of the Oakland
Grove mini -park with the City of Miami Parks Department and the procurementof lands for another park,
which is to be historical and environmental preserve, I can tell you that teamwork, with the City of Miami,
has done miracles. The people in our community are exceedingly pleased with our park. It is the center of
our community, and we have been asked to participate in these processes. And I can't tell you how much the
people of the City of Miami appreciate it and, therefore, I lend my support completely to this project.
Chairman Plummer: Thank you, sir. Mr. Ruder, you wish to make any comments? You don't? Anyone
wishing to speak to the issue? Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS",
TO ESTABLISH THE PARKS ADVISORY BOARD; TO SET FORTH
SAID BOARD'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE
FOR MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE,
FILLING OF VACANCIES, OFFICERS, MEETINGS, QUORUM
AND ATTENDANCE REQUIREMENTS, AND ASSIGNMENT OF
STAFF, AND TO PROVIDE FOR THE "SUNSET" REVIEW OF SAID
BOARD EVERY FOUR YEARS; MORE PARTICULARLY BY
ADDING TO ARTICLE XI NEW DIVISION 11, AND BY
AMENDING SECTION 2-887 AND 2-892 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
85 September 21, 1999
Passed on its first reading, by title, at the meeting of July 27, 1999, was taken up for its second and final
i
reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by Commissioner Sanchez,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.*
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11833
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
*Note for the Record: Although absent during roll call, Commissioner Teele requested of the Clerk to be
shown as being in agreement with the motion.
Chairman Plummer: Item 12 is changing the rates on the Convention Center at the City of Miami. Is thfre
anyone wishing to speak from the public? Moved by Commissioner Gort. Seconded by Sanchez. Read the
ordinance. Motion understood?
Mr. Manuel Gonzalez-Goenaga: No.
Chairman Plummer: No. All right. Then...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele, you have priority.
Commissioner Teele: That's a yes vote on the parks.
Chairman Plummer: All right, sir. Mr. Boom -Boom, on Item 11.
Mr. Manuel Gonzalez-Goenaga: No, Item 12.
Chairman Plummer: Twelve. I'm sorry.
Mr. Gonzalez-Goenaga: Well, what's the new? Is it going to be increased and why? And I wonder when,
86 September 21, 1999
by increasing fees -- and I don't have any relationship -- we will be sending people to Broward or to Sunrise
or even vans back to Puerto Rico. So, what's the reason behind this? I thought that these things were kind
of flexible issues.
Chairman Plummer: Administration wish to...
Mr. Gonzalez-Goenaga: Just to get an idea.
Ms. Christina Abrams (Director, Public Facilities): Chrisina Abrams, Director of Public Facilities. The
rates that we're proposing are comparable to existing, competitive facilities. We're proposing a five percent
increase in the rent of the theater; a decrease in the percentage of gross sales; and a 15 percent discount for
non-profit. We believe this will increase the use and the rental of the James L. Knight Center.
Chairman Plummer: Thank you. Any further discussion? Did you read the ordinance?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: All right. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 53/ARTICLE IV, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"CONVENTION CENTER OF THE CITY OF MIAMI/UNIVERSITY
OF MIAMI, JAMES L. KNIGHT", BY CHANGING THE RATE
SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE
SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION
WITH THE MIAMI CONVENTION CENTER; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of July 27, 1999, was taken up for its second and final
reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by Commissioner Sanchez,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11834
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
87 September 21, 1999
Chairman Plummer: Item 13 is in reference to Civil Sevice Rules. First reading of an ordinance.
Ms. Priscilla Thompson: Good afternoon, Commissioners.
Chairman Plummer: Good afternoon.
Ms. Thompson: This amendment is...
Chairman Plummer: And you are...
Ms. Thompson: I'm sorry. Priscilla Thompson, Executive Secretary, Civil Service Board.
Chairman Plummer: Thank you, ma'am.
Ms. Thompson: This amendment is requested to ensure that our Civil Service Rules are not in conflict with
the Federal order issued by Judge Shelby Highsmith on May 4, 1999 regarding the 1977 Consent Decree.
i
Do you want more history on it?
Chairman Plummer: I think that's sufficient. We're just doing what we have to do by court order.
Ms. Thompson: That's correct.
Chairman Plummer: Moved by...
Vice Chairman Gort: Gort.
Chairman Plummer: Gort. Seconded by Teele. Read the ordinance.
88 September 21, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 40, ARTICLE 111, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"PERSONNELtCIVIL SERVICE RULES AND REGULATIONS", TO
COMPLY WITH THE MAY 4, 1999 COURT ORDER ISSUED BY
THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT
OF FLORIDA, RELATIVE TO THE 1977 CONSENT DECREE, BY
AMENDING THE CITY OF MIAMI CIVIL SERVICE RULES AND
REGULATIONS AS THEY PERTAIN TO THE MANNER OF
CERTIFICATION OF ELIGIBLE INDIVIDUALS FOR PERSONNEL
APPOINTMENT; MORE PARTICULARLY BY AMENDING
SECTION 40-88 BY DELETING SUBSECTION (E) IN ITS
ENTIRETY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: Anyone wishing to address the issue? No one has come forward. Call the roll.
- R F`V�g..APPR4QVE' CONFIRM MANAGER'S ;FINDING O EMERGENCY, WAI�IE
RE+iN'11'S FOR C€�MPETITIVE SEALED BIDS} AND APPROVE INFORi41AL BID OF
` rIECOItP.0 'FOR 1`EXCAIIA'CION, REMOVAL r AND DISPOSAL OF'
a A'TED�S,OIL` 'LOCATED-WATSON THEKFARMER , DADE'
`zTtQP"ER SITE ($29,711)
Chairman Plummer: Items 14, 15 and 16 have been withdrawn. We're now on Item 17. It's an Emergency
Ordinance waiving competitive bidding to Alfa Engineers for the disposal of contaminated soil on Watson
Island. It is a resolution. It will require four/fifths vote. Motion by.
Vice Chairman Gort: Excuse me.
Chairman Plummer: Mr. Gott.
89 September 21, 1999
�-'N
Vice Chairman Gort: We'd like to -- and 1 think we requested every time we have an emergency-- to state
the emergency.
Chairman Plummer: Mr. City Manager, state the emergency.
Mr. Donald Warshaw (City Manager): The emergency is that the possible contamination was close to
reaching ground water level, which could have cost the City an enormously large amount of money, so...
Chairman Plummer: Is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-653
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE INFORMAL BID OF ALPHA
ENGINEERS CORP FOR THE EXCAVATION, REMOVAL AND
DISPOSAL OF CONTAMINATED SOIL LOCATED AT WATSON
ISLAND A/K/A THE FORMER DADE HELICOPTER SITE, MIAMI,
FLORIDA, AT A COST NOT TO EXCEED $29,711; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO.311016.819301.6.270.
(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.
90 September 21, 1999
Chairman Plummer: Eighteen is a resolution also. Revise program guidelines for single family residential
rehabilitation grants/loan program.
Commissioner Regalado: Question.
Chairman Plummer: Question by Commissioner Regalado.
Commissioner Regalado: Is this citywide?
Mr. Jeff Hepburn: Jeff Hepburn, Assistant Director for Housing. The answer is yes.
Commissioner Regalado: OK. When are we going to start this program, Mr. Hepburn or Gwen?
Ms. Gwendolyn Warren: Gwendolyn Warren, Director of Community Development. The program, we're
looking at implementing it in October.
Chairman Plummer: All right. Is there a motion?
Vice Chairman Gort: Question.
Chairman Plummer: Question. Mr. Gort.
Vice Chairman Gort: Before making a motion. This-- and I know you're working on this, but I want to put
on the record because there's a lot of people listening during this program. My understanding is, in the past,
we've had a lot of problems with individuals trying to get the funds to do the rehab and there's been a waiting
period of a year and two years and, some people even more than that. What are we doing to expedite, so
those people can go ahead and get the -- because one of the those things we want to do, especially in the
poor neighborhoods, is get the houses fixed up, especially when they're owned by the individuals.
Ms. Warren: Well, we've done several things. One of the most important is to revise the guidelines so that
they become forgivable grants versus loans. We've also increased the income criteria from 50 percent to 80
percent of the median household income. Additionally, we have expanded our inspection staff, so that we're
able to expedite getting out and assisting residents in getting the inspections necessary to be able to complete
the bidding process. We're also going to be advertising to get a register of a list of qualified vencbrs to do
the work. Additionally, we're going to be working in each area of the City to do-- and NET 9 and other
avenues -- to promote the program. Probably, the most important things, we have underwriters who are able
to assist; we've relaxed the guidelines to ensure that more people are eligible, especially seniors, and we
have a wider variety of inspection staff, and we're also coordinating better. So, we're not only putting
money in but we've got the resources necessary to implement the program.
Vice Chairman Gort: Also, in the selection of the vendor, do we have any guidelines that we have to
follow? Certain amount of hourly salary have to be paid or could it be anyone who's qualified?
Ms. Warren: These have to be licensed contractors.
91 September 21, 1999
Vice Chairman Gort: Licensed contractors is the only requirement there is.
Mr. Warren: These are licensed contractors. The issue is -- and, unfortunately, sometimes the age of some
of our clients in dealing with vendors with contractors. So, our job is, basically, to protect their interests.
Vice Chairman Gort: OK. Thank you.
Chairman Plummer: Moved by Gort. Seconded by Regaiado.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele. I'm sorry.
Commissioner Teele: Thank you, Mr. Chairman. Ms.-- Madam Director.
Ms. Warren: Yes, sir.
Commissioner Teele: You indicate that, over the years, we've done how many of these projects?
Ms. Warren: Four thousand.
Commissioner Teele: Can you provide us, this Commisson, with a list, by year, of the projects that we've
done under this program, please? Just the total number, by year.
Ms. Warren: I can definitely provide you, immediately, the last six years. Yes. Yes, I can do that, sir.
i
Commissioner Teele: Last six years. Now, on the Five -Year Plan that we just approved...
i
Ms. Warren: Yes, sir.
f
jCommissioner Teele: ...the Five -Year Plan, under the Home Ownership zones, gave specific criteria as to
homeowner income. Does this change the Five -Year Plan?
Ms. Warren: No. This actually modifies the prior policies and makes them consistent with the Plan you
approved.
Commissioner Teele: So, in other words, we've already approved this in the Fiv&Year Plan?
Ms. Warren: You've approved it in the Five -Year Plan. You're now modifying your policies -- your
operating procedures to meet the Plan.
Commissioner Teele: Well, this language talks about a gross income of up to 80 percent.
Ms. Warren: Yes, sir.
Commissioner Teele: And the Five -Year Plan talks about an income of less than 50 percent.
Ms. Warren: The Five -Year Plan declares HOME ownership zones, where the new construction, plus
in -fill, will occur. And the way we came up with the zones is to identify the census tracts, where he income
92 September 21, 1999
was less than -- was 50 percent or less and the (tome ownership rate was 20 percent or less. Now that we
know where the poorest communities are, we're trying to make sure that our programs could be expedited
for implementation. So, what we did is, we targeted the poorest communities and we're -- yes.
Commissioner Teele: Ms. Madam Director?
Ms. Warren: Yes, sir.
Commissioner Teele: Have you reviewed the letters that go to homeowners under the plan, as it is currently
written? The individual letters that your department has been sending to homeowners, have you personally
reviewed one, seen them?
Ms. Warren: We've sent so many, I'm not sure which one you're referring to.
Commissioner Teele: It's a form letter, pretty much.
Ms. Warren: OK. If there's a problem, I can review it, yes.
Commissioner Teele: That letter, that I have at least three people to bring to me, is so convoluted.
Ms. Warren: OK.
Commissioner Teele: It is totally deceptive as to whether or notthey have been qualified for a loan or a
grant, and I would hope that the City Attorney and your office would confer and that the letters and future
letters that go out would be very clear, if it is a loan or if it's a grant or if it's a forgivable grant. Because
there is an allegation that the City has not been very helpful. And, again...
Ms. Warren: It hasn't.
Commissioner Teele: ...you have to understand the age of a lot of the people that we're dealing with, as well
as the income level. But it really needs to be in plain English; it needs to be very clear, and if it's a loan, it
should clearly indicate that it is a loan. I mean, on the face of the letter, it should indicate "a loan." If it is a
grant, it should indicate that it's a grant. And if it's a forgivable grant, it should indicate that it's a forgivable
grant. But I would hope that, on all of those correspondence that's going out, that you would review them.
And I have forwarded one or two to you, but I've not discussed it privately with you. But I'll bring one or
two to your attention -- yours and the City Attorney,
Ms. Warren: Now that you've discussed it, I know which letter you're talking about. This policy will
change it.
Commissioner Teele: But I've read that letterthree times and I could tell you, I could not tell that person if
they had been selected for a loan or a grant.
Ms. Warren: I agree. And it will be revised.
Commissioner Teele: Thank you.
Vice Chairman Gort: Anyone else? Do I have a motion?
Commissioner Regalado: A motion.
93 September 21, 1999
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. OK. This is a resolution.
Mr. Alejandro Vilarello (City Attorney): Yes.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: OK. No nays.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-654
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO REVISE THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM GUIDELINES IN
CONNECTION WITH THE ASSISTED SINGLE FAMILY
RESIDENTIAL REHABILITATION GRANT/LOAN PROGRAM;
FURTHER AUTHORIZING THE CITY MANAGER TO IMPLEMENT AND
ADMINISTER THE PROGRAM.
(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.
NAYS: None.
ABSENT: Chairman J.L. Plummer, Jr.
94 September 21, 1999
Vice Chairman Gort: Are we going to 18A.
Commissioner Sanchez: Nineteen has been withdrawn.
Vice Chairman Gort: Twenty. Item 20.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Vice Chairman Gort: This is a resolution approving retention of Republic Appraisal Company. It's a
motion. Is there a second?
Commissioner Sanchez: So moved.
Vice Chairman Gort: Is there a second?
Commissioner Regalado: Second, second.
Commissioner Sanchez: There is a second.
Vice Chairman Gort: There's a second. Is there any discussion? Being none, all in favor state by saying
"aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Nays? No nays.
95 September 21, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-655
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION APPROVING THE PROCUREMENT OF APPRAISAL
SERVICES FROM THE REPUBLIC APPRAISAL COMPANY, FOR THE
APPRAISAL OF NINETEEN (19) MULTIFAMILY RENTAL
APARTMENT BUILDINGS LOCATED IN THE NEIGHBORHOODS OF
ALLAPATTAH, LITTLE HAVANA, MODEL CITY AND OVERTOWN;
ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $12,000;
ALLOCATING FUNDS FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM TO DEFRAY THE COST OF SECURING SAID
APPRAISAL REPORTS FOR THE DEPARTMENT OF COMMUNITY
DEVELOPMENT, ACCOUNT CODE NOS, 113010.590323.220,
198004.639005.220 AND 799234.459116.220.
(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.
NAYS: None.
ABSENT: Chairman J.L. Plummer, Jr.
iISSIONEK TE L DIRECTS TO "SCHEDULE, -;ON' NEXT AGENDA STATUS ` OF,
Y
'ION QF APARTMENT UNITS ON N. 6I STREET, MIAMI"LIMIT ED {LANDLORD)
Vice Chairman Gort: Twenty-one.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: While Ms. Warren is here, is the Public Works Director here? Is the Public Works --
Ms. Warren?
Ms. Warren: Yes, sir.
Commissioner Teele: We made a commitment -- and I'm very grateful -- Mr. Chairman, we made a
commitment to the fine people from the community on 61st Street that, on today-- on yesterday, actually,
their units would be inspected. 1, specifically, asked them not to come down today, and to give the staf an
96 September 21, 1999
if A
i
{
9t
I
opportunity to respond to this. I am requesting that, on the agenda for the 28th, that they be listed because
they are going to come down in very large force, and they would like to know the answer as to whether or
not the contractor, Miami Limited, passed or failed the test as it relates to this. Now, as you're aware, Mr.
Manager, these are the people that are awaiting the vouchers to voucher out.
Mr. Donald Warshaw (City Manager): Yes, sir
Commissioner Teele: And I would hope that we wouldhave an explanation for that. Now, one of the things
that is really concerning me, as we get into this, Mr. Attorney, is that we gave the Manager the authority to
select a company to, basically, do the inspection or to cooperate with the Community Developnent in doing
the inspection. The residents have informed us -- and Ms. Warren has confirmed -- that there's no outside
company doing the inspection.
Ms. Warren: This is correct.
Commissioner Teele: I've raised the issue with the attorney because I think we all know what's going to
happen in a jury trial, if the City employees are getting up saying "We inspected this. They're not a
disinterested party." I mean, the City is clearly an interested party. And I had hoped that there would be
some outside inspectors, if no more than people to review our paper. What happened on the inspector-- and
I think it needs to be put on the record, that you all selected an inspector and, then, when they realized that
they had to, basically, be prepared to testify, they, basically, said, "They didn't want the job." Is that correct?
Ms. Warren: This is correct. However, the -- we're still -- again, I talked to the City Attorney and he
discussed the concern about having an outside vendor to play a role in oversight. It is our intention to ask
US HUD (United States Department of Housing and urban Development) and Dade County inspectors to
review all of our inspection reports, so that we will have a -- and we also have another department, but I
understand...
Commissioner Teele: I can tell you that bringing US HUD just makes a jury more inclined to go against a
person because they have even deeper pockets. I mean, you know, this is the deep pocket theory. And the
fact of the matter is, in my judgment-- and the Attorney needs to make his own call -- that a disinterested
witness is always -- that is not a City employee, is always a better witness than a deep pocket witness. But
the fact of the matter is, if we can't find anyone, I'm surprised. Now, Mr. Kay has just gone out for bids for
engineers...
Ms. Warren: And I have not looked at his list.
Commissioner Teele: And, apparently, he selected several firms that are coming forward that, in effect, are
the Building and Zoning Departments for several municipalities in the City, like Aventura. There are cities,
you know, Mr. Chairman, Mr. Manager, that, rather than, you know, staff up with bureaucracies, they've
basically decided to enter into contracts for certain services. I have a hard time belie/ing that among those
firms that the Public Works Director has preliminarily-- their committee has preliminarily-- and it hasn't
come to us yet. But somewhere in there would be a firm that won't say "I'm not going to do this for five
thousand dollars ($5,000) because I know I'm going to be tied up on the back end" and, you know, we've got
contracts that are coming up for three hundred, four hundred thousand dollars. So, I'd ask you all to, please,
look at it again.
Ms. Warren: Absolutely. Absolutely.
97 September 21, 1999
L
Commissioner Teele: Please, Mr. Public Works Director.
T2.1 X`�,at�1'�0gtq.
Chairman Plummer: All right. I have, while I was gone, a request by Mary Hill to be heard on Item 18,
which has already passed, and I will give her a two -minute opportunity. Item 18.
Ms. Mary Hill: Yes, Item 18. I am Mary Hill, again, and I reside at 146 Northwest 67th Street, in Miami.
Chairman Plummer: Thank you. You can proceed.
Ms. Hill: I trust that the funding and the loan, as I understand, the changing of a policy under the
Community Economic Development, that Ms. Warren was speaking about, changing the policy, I trust that
it's not circumvented and preaching, due to the fact that this is a -- one of the floating charts that was
approved in the White House with rehabilitation from prenatal to death that comes under these programs in
the regional office. And, at this present time, is not loaned or anything else or CDBG (Community
Development Block Grant) grants, and I hope this is not what it said. It is authorization of appropriations
under the regional offices. And I want to make it clear. I am the national founder and director to see that the
directors, under these regional office, supposed to be put in place. And I'm asking that you ought to give
deep consideration of my position, my authority to authorize under the regional office, along with my staff,
to carry out these directives, which will not divert our funding, and give out part of thepie, as they call it. I
want this pie back together. I would like for us to have our package, our transfer sheet, so we can establish
this regional office that's supposed to been here some time and not this way. We want to go by statutory
laws and guidelines of the Economic Opportunity Acts and Amendments, and not Community
Development. Because this has been going on for some time to divvy up the economic pie, and I want it on
track of October 1. I want it to -- the monies to be directed; I want the transfer sheet, and I want to call me in
as these laws permits here, these statutory laws and guidelines of these acts right here and these titles.
Chairman Plummer: Thank you, ma'am.
Ms. Hill: Thank you.
Chairman Plummer: Mr. Clerk, what happened to beep tone when the time is up?
Mr. Walter Foeman (City Clerk): Which item, sir?
Chairman Plummer: What happened to the beep tone when their time is up?
Mr. Foeman: It beeps when the time is up.
Chairman Plummer: No, sir, it did not beep.
Commissioner Teele: I interrupted her.
Chairman Plummer: Get the whip.
98 September 21, 1999
0 , 'A
Chairman Plummer: Item 21, a three months' extension on the people tha get the bills collected for the
rescue. Moved by Sanchez. Seconded by Gort. Anybody wishing to speak? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposed? Show unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-656
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING COMPETITIVE SEALED BIDS, AND
APPROVING A THREE MONTH EXTENSION OF THE AGREEMENT
WITH MEDAPHIS, INC., AND ADVANCED DATA PROCESSING, INC.,
("ADP"), FOR THE PURPOSE OF PROVIDING EMERGENCY
MEDICAL TRANSPORT BILLING/COLLECTION SERVICES TO THE
DEPARTMENT OF FIRE -RESCUE, IN THE AMOUNT OF $25,000 PER
MONTH, FOR A TOTAL AMOUNT NOT TO EXCEED $75,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280601.6.340.
(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,
99 September 21, 1999
L
Chairman Plummer: The next one is an emergency matter. A Professional Service Agreement with
Government Services Group, Inc., for the Fire Assessment Program. And, Mr. Chief, you better speak to
this. How does this relate to the hearing at 5 o'clock?
Fire Chief Carlos Gimenez: Well, sir, we've been using this firm to establish our Fire Assessment Program
and what happened was, in March, we brought forward before the Commission a contract to extend those
services. However, they have changed their name from Government Services Group -- I'm sorry. From
Government Systems Group to Government Services Group, so the Law Department said we needed to
come back and amend the contract, so that's why we're here.
Chairman Plummer: So, basically, it's a change of name?
Fire ChiefGiminez: That's correct, sir.
Chairman Plummer: And that's an emergency?
Fire Chief Gimenez: It was an emerrncy in order to continue the services that we needed from them in
order to complete the program in time.
Chairman Plummer: All right. Is there a motion?
Commissioner Sanchez: Move.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. I don't -- I'm not going to -- if it's unanimous,
then, we don't need a roll call. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Is there any opposition? With four Commissioners present, show it unanimous.
100 September 21, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-657
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4l5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, AND APPROVING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH GOVERNMENT SERVICES GROUP, INC.,
FOR THE PURPOSE OF IMPLEMENTING AND ADMINISTERING
THE FIRE ASSESSMENT PROGRAM FOR FY 1999-2000, IN THE
AMOUNT OF $39,875, PLUS A $20,000 CONTINGENCY, FOR A TOTAL
AMOUNT NOT TO EXCEED $59,875, FOR THE DEPARTMENT OF FIRE -
RESCUE; ALLOCATING FUNDS THEREFOR FROM SPECIAL REVENUE
ACCOUNT NO. 109001.280905.6.270, FUNDED BY THE FIRE
ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
2 , Ys��A"Pr'ROVE, CONFIRM MANAGER'S FINDING OF `EMERGENCY, APPROVE-;
CUZOT�rOFfiPROFESSIONAL SERVICES AGREEMENT WITH ICF, INC,
, C TE` QF iORTH MIAMI CONTRACT, FOR DEPARTMENT O.F FIRE RESCUE, FOR
PROVISION OF MITIGATIONTLANNING SERVICES;-ALLOCATE"FUNDS
Commissioner Teele: I vote yes.
Chairman Plummer: Item 23 is an emergency of Professional Services Agreement with ICF (N(NE: THIS
IS NOT AN ACRONYM), Inc., in the amount thirty-six thousand for Mitigation Planning Services. Is there
a motion?
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Moved by Teele. Seconded by Regalado. Mr. Boom Boom wishes to be heard.
Mr. Manuel Gonzalez-Goenaga: No. I just want to know what mitigation means in this particular issue?
101 September 21, 1999
Chairman Plummer: Well-- OK.
Mr. Gonzalez-Goenaga: They are my friends, remember, because they save my life.
Chairman Plummer. What is mitigation and why the emergency?
Chief Carlos Giminez: It's a disaster mitigation planning and in order for us to be...
Chairman Plummer: The speaker is Carlos Gimenez, the Chief of the Miami Fire Department.
Fire Chief Gimenez: Carlos Gimenez, Fire Chief.
Fire Chief Gimenez: Yes, sir.
Chairman Plummer: Thank you.
Fire Chief Gimenez: The mitigation is the Disaster Mitigation Planning and it's necessary in order for the
City to be eligible for disaster mitigate-- disaster funding. That's the reason why we're using this. It was a
time sensitive issue that we needed to have these plans in place by a certain time, in order to be eligible for
these grants. We use grant funding in order to fund the ICF, Incorporated.
Chairman Plummer: Does that answer your question?
Mr. Gonzalez-Goenaga: No. I don't understand, but don't worry.
Chairman Plummer: All right, sir. Take a deep breath and don't be so uptight. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous ballot, Mr. Clerk, because it was four/fifths.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-658
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, AND APPROVING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH ICF, INC., IN THE AMOUNT OF $36,000,
UTILIZING CITY OF NORTH MIAMI CONTRACT/RFP NO. 01-98-00, FOR
THE DEPARTMENT OF FIRE -RESCUE, FOR THE PROVISION OF
MITIGATION PLANNING SERVICES; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.280601.6.270.
102 September 21, 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.
p>PRt)VE,',C- ONEIRM MANAGER'S FINDING OE EMERGENCY, V�A3V,E
TSB t C( Ntf'ETITIVE T SEALED 4 BIBS, ;FAPPRCIVE� URNIS) INC 4 D
OF ERN UI�A GRASS SQD FQR FOOTBALLBASEBXL' FIELD AT:GIi3SON?
} �C��D,��it26ECREA'TItlN DEPARTMENT; FROM ROIICQ & St�NS, �TC a ($29,�50);h
. �!��,%ROA?I,DEI'ARyTMENT Q�' FARICS AND RECRE�:TION � ,> wt° _ ` _
Chairman Plummer: All right. We are now on ninety-five thousand square feet of grass that's to be planted
and not to be smoked.
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Moved by Teele.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. Any discussion or people wish to be heard? Jack?
Mr. Jack King: Why is it an emergency?
Chairman Plummer: Why is it an emergency, Mr. Manager?
Mr. Alberto Ruder (Director, Parks and Recreation): We needed to get it ready for the football season. The
Overtown Optimist Club asked us to do it and it was very much needed, and this is the only way we could
have had it done in time for their football season.
Chairman Plummer: OK. You know, I'm going to vote for it but I'm not worried about emergencies, but
you know what does bother me? And I'm going to continue to say it as long as I sit in this chair. The
elimination of competitive bidding, OK. I realize that sometimes there are true emergencies. But, you
know, you can go on a phone for three bids real quick like.
Mr. Ruder: For all these, we did three bids and, in this particular case, we actually had another bidder
identified through a County bid.
103 September 21, 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.
_ AGERA'I f�1AROVE, CONFIRv-MANAGE FINDING, OF EvERGENCY, WAVE
sw a WCOMETITISHING�AND
OsGRSSSOA/BMEOOTBBASEBALYkIE%ll'ATGI3SJNs,
'�'R����3�k.K��D�ItECREATiON`DEFARTMENT, �ROYvi ROiJCO 8i''SONS INC ; ($29,450);
;� _ A���<1rRC3MDE1�AItTMENT UF•,PARKS AND_RECR�ATIOI�I ' ;, s` t� '
Chairman Plummer: All right. We are now on ninety five thousand square feet of grass that's to be planted
and not to be smoked.
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Moved by Teele.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. Any discussion or people wish to be heard? Jack?
Mr. Jack King: Why is it an emergency?
Chairman Plummer: Why is it an emergency, Mr. Manager?
Mr. Alberto Ruder (Director, Parks and Recreation): We needed to get it ready for the football season. The
Overtown Optimist Club asked us to do it and it was very much needed, and this is the only way we could
have had it done in time for their football season.
Chairman Plummer: OK. You know, I'm going to vote for it but I'm not worried about emergencies, but
you know what does bother me? And I'm going to continue to say it as long as I sit in this chair. The
elimination of competitive bidding, OK. I realize that sometimes there are true emergencies. But, you
know, you can go on a phone for three bids real quick like.
Mr. Ruder: For all these, we did three bids and, in this particular case, we actually had another bidder
identified through a County bid.
103 September 21, 1999
Chairman Plummer: OK.
Mr. Ruder: And he couldn't do the work, and we had to go through this emergency measure.
Chairman Plummer: All right. Hey, look. You know, it's just you'll never know if you don't do it. All right.
Call the roll on Item 24. I'm sorry. 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. 99-659
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE FURNISHING AND
INSTALLATION OF 95,000 SQUARE FEET OF BERMUDA GRASS SOD
FOR THE FOOTBALL/BASEBALL FIELD AT GIBSON PARK FOR THE
PARKS AND RECREATION DEPARTMENT, FROM ROUCO & SONS,
INC., IN AN AMOUNT NOT TO EXCEED $29,450; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF PARKS AND
RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE
001000.580302-340 AND CAPITAL IMPROVEMENT PROJECT NO. 110008,
PARK DEVELOPMENT FUND.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gott.
104 September 21, 1999
Chairman Plummer: We're on Item 25, another emergency.
Mr. Donald Warshaw (City Manager): It's a companion for Gibson Park.
Chairman Plummer: It's a companion for Gibson Park.
Commissioner Teele: So moved, Mr. Chairman.
Chairman Plummer: Moved by Teele. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-660
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4t5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE FURNISHING AND
INSTALLATION OF AN IRRIGATION SYSTEM FOR THE FOOTBALL
AND BASEBALL FIELDS AT GIBSON PARK BY A & B IRRIGATION
DESIGN & MANAGEMENT INC., FOR THE PARKS AND RECREATION
DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $37,500;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 110008, PARK DEVELOPMENT FUND.
105 September 21, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Gort
PPR VWs'CONFIRM MANAGERS FINDING :OF �,EMERGENC�f; W11IVl✓f
S )~�?RkCOMPETITIVE SEALED BIDS, APPRO. I PROGUREMET DE6LIG> IT
� i t7r%i�T FI;I)ER"A }SIGNAL` CORPORATICirT ,� FOXR DEPART1Y1E1�'I' e O k
= EIt�CAD1ViIIS°TR1lTTON, '($149,115, AtiLOCATE FUT DS FROM ;CAPITAL
,a r
AEPLACE1GmN DF_,a✓ITYWIDEP EET" ;; ..._., `..F .l.ti•,
Chairman Plummer: Item 26, an emergency, again, waiving competitive bidding for light bars and sirens.
Moved by Sanchez. Seconded by Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show another unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-661
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE PROCUREMENT OF LIGHT
BARS AND SIRENS, FROM FEDERAL SIGNAL CORPORATION,
(NON-MINORITY/NON-LOCAL VENDOR, 2645 FEDERAL SIGNAL
DRIVE, UNIVERSITY PARK, ILLINOIS), FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO
EXCEED $149,115; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM, "REPLACEMENT OF CITYWIDE FLEET,"
CIP PROJECT NO.311850.
106 September 21, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Gort
�AP1) VE,ukCdI�jFIR1Via A4ANAGER'S FINDING :OF EIyiERGENCY�� APPRdYI:
<INSTALL4td! I OF NEW.L661" tS AT ORANGE BOWL STADIUM FOR
'ASO1 , 3TILiZl3 4 E LISTING z STATE ; C1F FLORIDA { NEGC?TIA I Eb
E�'PRYCE ¢SCHEIiULEt (SNAPS) ;'.WITH�:GRAINGER, INC., FOR DEPRTMENTf OF
ItENCE ;CONVENTIONS AND:PUBLIC FACILITIES, ($55,;000), ALLOCATE rUND
Chairman Plummer: This is the way an agenda aught to go. All right. Item 27, another emergency. New
lockers at the Orange Bowl with Granger, Incorporated. Four/fifths vote. Hello. Mr. Sanchez.
Commissioner Sanchez: So moved.
Chairman Plummer: This is in your district.
Commissioner Sanchez: Yes, sir. So moved.
Chairman Plummer: And seconded by Regalado. Is anybody, besides the Dolphins, the hurricanes and
Miami High in opposition? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed --hello?
Commissioner Regalado: Yes.
Chairman Plummer: Thank you. Show it unanimous.
107 September 21, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-662
A RESOLUTION OF THE MIAM1 CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, AND APPROVING THE PROCUREMENT AND
INSTALLATION OF NEW LOCKERS AT THE ORANGE BOWL
STADIUM FOR THE 1999 FOOTBALL SEASON, UTILIZING THE
EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE
SCHEDULE (SNAPS) AGREEMENT NO. 2851185 WITH GRAINGER,
INC., (NON-MINORITY/NON-LOCAL VENDOR, 2255 NW 89TH PLACE,
MIAMI, FLORIDA), FOR THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO
EXCEED $55,000; ALLOCATING FUNDS FROM OPERATING BUDGET
ACCOUNT CODE NO.404000.350503.6.340
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Gort
33 CEI ';� BQID V MARK&, BROTHERS, ; INC.;, FOR ``ROADS AREA MEDIAN CURB`
��k CEMENT T � E46I 5 " ($20I 298), pLI.OGATE .'FUNDS ($2q 1 298 ' CON`TRACT COST; �>$��32R97�EX�'ENSIrS, TQTAI., ESTIMATED CDST $219,930.97), AND AUTHORIZE MANAGER'
Chairman Plummer: Item 28 is a resolution ofMarks Brothers, Roads Area Median...
Commissioner Sanchez: So moved.
Chairman Plummer: ... Curb Replacement.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Chairman Plummer: Moved by Sanchez. Seconded by Regalado. It is a resolution. All in favor say "aye."
108 September 21, 1999
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-663
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
DID OF MARKS BROTHERS, INC., FOR THE PROJECT ENTITLED
"ROADS AREA MEDIAN CURB REPLACEMENT, B4615," IN THE
AMOUNT OF $201,298; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 341170, AS APPROPRIATED BY FISCAL YEAR 1998-1999
APPROPRIATIONS ORDINANCE NO. 11705, AS AMENDED, IN THE
AMOUNT OF $201,298, THE CONTRACT COST, $18,632.97 EXPENSES,
TOTAL ESTIMATED COST OF $219,930.97; 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: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Gort
Commissioner Sanchez: Mr. Chairman, hold on.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: On 28, if I can direct the City Manager to start working on this as quickly as
possible, and I'll tell you why. On several occasions, I've gone to homeowners' meetings and I, myself, on
one occasion, had to stop, get off, and move a piece of concrete that broke off the curb and throw it back in
the median. So, please, it's going to be a point where it's going to be a liability to the City.
Mr. Jim Kay (Director, Public Works): We'll do that.
Commissioner Sanchez: Thank you.
Chairman Plummer: Get it finished yesterday.
Commissioner Regalado: Jim, before you leave. Could you tell us about the sidewalk programs, the
109 September 21, 1999
timetable? Is it-- we approved it...
Mr. Kay: We have...
Commissioner Regalado: ...July. Some of the contracts or most of the contracts in July,right?
Mr. Kay: Right. And that project should be getting underway next month. We're also going to be awarding
another project called the Citywide Sidewalk Replacement Base 16 --1 mean. Excuse me. Fifteen -- I think
at the next Commission meeting. Oh, no. I'm sorry. Commission meeting in October. Then, we have a
Downtown Sidewalk Replacement Project, which is about a one point one million dollar ($1,100,000)
project which we are going to be awarding at the last meeting in November.
Chairman Plummer: What item on the agenda is this? Item 29, Custodial Services for Vista Building
Maintenance Services for the amount of forty-nine thousand two hundred and sixty-nine dollars ($49,269).
Mr. Manager, I think I did have a question here. Both of these are for the Riverside. Why? I mean, why
two separate motions...
Mr. Donald Warshaw (City Manager): Because one is closing out a contract with a previous vendor and the
other one is approval of a new vendor.
Chairman Plummer: And what you're saying is that both of these are -- neither one of these are City
companies and there are no custodial services...
Ms. Judy Carter: The vendors -- we did have vendors that bid that were local, but they were not within the
10 percent.
Chairman Plummer: They're not-- but they did have the opportunity?
Ms. Carter: Oh, of course.
Chairman Plummer: All right.
Ms. Carter: Hand -delivered bids.
Chairman Plummer: OK. 1 have -- is this OK? No four/fifths. All right. Lets go, then, to 30. We'll come
back to 29. Thirty is the same custodial services, awarding it to a new provider for a hundred and thirtyfour
thousand. That's a lot of brooms. OK. Moved by...
Commissioner Teele: Teele.
110 September 21, 1999
X
Chairman Plummer: Teele. Seconded by? Seconded by?
Commissioner Sanchez: You're right, that's a lot of money.
Chairman Plummer: Third and final time...
Commissioner Sanchez: Is that for the whole MRC (Miami Riverside Center) Building?
Chairman Plummer: ...seconded by? There is no second. The matter is denied. Next item, item-- wait a
minute. I'm sorry. Let's go back to 29. Teele is here. Item 29. Moved by-- this is a close-out of a contract.
Anybody wishing to make the motion on 29?
Commissioner Teele: I so move.
Commissioner Sanchez: So moved. Second.
Chairman Plummer: So moved by Teele. Seconded by Sanchez. It is a resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it...
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-664
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY FOR THE PROVISION OF CUSTODIAL SERVICES AT
THE MIAMI RIVERSIDE CENTER CITY OFFICE BUILDING FOR AN
INITIAL PERIOD FROM NNE 28, 1999, THROUGH SEPTEMBER 30,
1999, UPON RESCISSION OF THE CONTRACT WITH CHI-ADA
CORPORATION ACCEPTING THE BID OF VISTA BUILDING
MAINTENANCE SERVICES, (HISPANIC/MIAMI-DADE COUNTY
VENDOR, 8200 CORAL WAY, MIAMI, FLORIDA), THE SECOND
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER UNDER BID NO.
98-99-044, IN A TOTAL AMOUNT NOT TO EXCEED $49,269;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
504000.421901.6.340.
111 September 21, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Gort
Chairman Plummer: I'm sorry. Did you wish to speak on 29?
Mr. Manuel Gonzalez-Goenaga: Yes.
Chairman Plummer: I'm sorry. You have...
Mr. Gonzalez-Goenaga: I see -- well, maybe I'm more confused than ever, as usual. After you calling me in
the last meeting pulk and mucho loco, but I see something between-- there is a relation between 29 and 30.
It's the same company. I need -- you see, I would like...
Chairman Plummer: One is the close of a contract...
Mr. Gonzalez-Goenaga: ... a rescission. Why...
Chairman Plummer: ... and the second one is starting a new one.
Mr. Gonzalez-Goenaga: Why is the rescission of-- on 29?
Chairman Plummer: Mr. Manager, why is there a closing of the first contract...
Mr. Gonzalez-Goenaga: Did they not perform? They broke their knees?
Ms. Judy Carter (Director, Purchasing): Not quite.
Mr. Gonzalez-Goenaga: They are against the new amendments on the Charter?
Ms, Carter: Because...
Chairman Plummer: If you will be quiet, we'll try to get you an answer.
Mr. Gonzalez-Goenaga: OK.
Ms. Carter: We are requesting rescission of that contract because the vendor failed to perform, pursuant to
the specification requirements that we had for the services at MRC.
112 September 21, 1999
Chairman Plummer: OK? Thank you. All right. We are now on Item 31. And, Art, I'm sorry?
Commissioner Teele: Did we ever carry the motion?
Chairman Plummer: Thirty failed, after three requests for a second. There was none. It is a dead item.
Commissioner Teele: What is that?
Chairman Plummer: Twenty-nine is passed.
Commissioner Teele: We're on 30 now, right?
Chairman Plummer: No, sir. Thirty --you made a motion. I asked three separate times for a second. There
was none. The motion is denied.
Commissioner Teele: Well-- but let's be fair, Commissioners. We have avendor who...
Chairman Plummer: Take a deep breath.
Commissioner Teele: We have a vendor who has not performed. Now, the effect of not approving this is to
keep a non -performing vendor on the site or, at least, to put in limbo, and certainly in litigation. If they're
entitled to the money and you've got a Manager's recommendation, recommending that you pay them-- I
mean, they've got a prima facie case in any court, that they're entitled to the money, so...
Chairman Plummer: Mr. Teele, I am not arguing, sir. All I'm saying to you is, you made a motion. On
three different occasions, I asked for a second. There was none.
Commissioner Teele: All right. Then, I would ask the Manager to put it on the next available agenda.
Chairman Plummer: Mr. Manager, there is such a request.
Commissioner Teele: The twenty-eighth.
Commissioner Sanchez: And I have a question. How much did we spend last year on the same services?
Mr. Stephen Shaw: Steve Shaw. I'm the MRC (Miami Riverside Center) Facility Manager, 444 Southwest
2nd Avenue. Sir, that was approximately a hundred and sixty-five to a hundred and seventy thousand
dollars. This represents a reduction.
Commissioner Sanchez: Well, if next agenda, you show me that this was a reduction, then, I vote for it.
Commissioner Teele: OK. What department do you work for, sir?
Chairman Plummer: He doesn't.
Mr. Shaw: I'm with the MRC Facility Management. I fall under Asset Management, as far as budget
purposes.
Chairman Plummer: OK. We're not on 31.
113 September 21, 1999
Commissioner Teele: So, you're with Asset Management?
Mr. Shaw: Yes, sir, for fiscal year 2000.
Chairman Plummer: You know what I want, Mr. Manager, also, at the next meeting? I want to know why
we have to have such heavy security in that building? We have none here, except our great Mike Shapiro,
who is a PSA (Public Service Aide), who has retired many times over and, yet, at the MRC, you're paying
seventy-two thousand dollars ($72,000) a year for security, OK?
Mr. Donald Warshaw (City Manager): I'll...
Chairman Plummer: Now, maybe we can use some light duty policemen, is what I think that I've heard, to
put them to the work there.
Mr. Warshaw: One way or another, there's a strong justification forsecurity in that building, some 24 hour
security.
Chairman Plummer: You know, I guess whatever you set for that building, we could make the same
justification for this one, and that's not what I'm saying, sir. You know, we had a former guy around here
who wanted whatever you call those things that you walk through and they beep, beep, beep, beep, and it
was turned down by this Commission. I'm just saying, seventy-two thousand dollars ($72,000) in that
building is a lot of money for security.
Q [ZT iORIZE MANAGER TO`ISSUE REQUEST ,FOR PROPOSALS :(RFP)�_TO{;OBTAIN
)IEIJ A a DEXPERIENCED FIRMS TOE T'ROVIDE PROFESSIONAL ,ASSISTANCE ANI3 ;
R`!�TL OF INFORMATION TECHNOLOGY STRATEGIC ¢ PLAN FOR{
RA YNt'i�CHNOI,OGY� DEPAR`I'MENT,3 FURTHER AUTHORIZE IviANAGER TO
S(JA C(IVIIVIEPiD�TIONS,TO;COMMISSIQN FOR`ITS REVIEW AND CONIL7ERATION
Chairman Plummer: Item 31, an RFP (Request for Proposal) for qualified and experienced firms, support
development of Information Technology Strategic Plan. This is only-- where is the RFP?
Mr. Aldo Stancato (Director, Information Technology): We're writing it, Commissioner. Aldo Stancato,
Information Technology.
Chairman Plummer: Well, the RFP has to come back here, right?
Vice Chairman Gort: Yes.
Mr. Stancato: Yes.
Mr. Donald Warshaw (City Manager): Yes.
Chairman Plummer: All right. So -- what we're saying in this item here is proceed to write the RFP?
Moved by Gort. Seconded by Sanchez.
Commissioner Sanchez: Second (inaudible)
Chairman Plummer: All in favor say "aye."
114 September 21, 1999
The Commission (Collectively): Aye.
Chairman Plummer: All opposed, say the same.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-665
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE. CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP)
TO OBTAIN QUALIFIED AND EXPERIENCED FIRMS TO PROVIDE
PROFESSIONAL ASSISTANCE AND SUPPORT IN THE
DEVELOPMENT OF AN INFORMATION TECHNOLOGY STRATEGIC
PLAN FOR THE INFORMATION TECHNOLOGY DEPARTMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT HIS
RECOMMENDATIONS TO THE CITY COMMISSION FOR ITS REVIEW
AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Gort first.
Vice Chairman Gort: Let me ask you a question because one of the things we're trying to do is expedite
procedures within the City. If an RFP, after it's written, it's got to come back to us to be approved. Why do
we have to give the instructions to go ahead and do the RFP? Why can't staff just go ahead and do an RFP
and come back to us when they have it?
Chairman Plummer: Because if the Commission said we don't want one, then, they've wasted their time.
Mr. Warshaw: I believe that was the Commission's policy.
Chairman Plummer: Yeah, it is.
Mr. Warshaw: There was an issue...
115 September 21, 1999
Vice Chairman Gort: The problem is, we can -- if Ave have to wait for the Commission meeting to give the
OK to do the RFP, then they have to go and do the RFP and, then, they've got to come back and, then, by the
time you issue it, it takes -- from the time we decide we do something, it takes eight months to gd
implemented.
Ms. Judy Carter (Director, Purchasing): Well, in most instances, the Commission, when it authorizes the
RFP, you're authorizing us...
Chairman Plummer: And your name?
Ms. Carter: Judy Carter. ...to proceed with a solicitation, unless you make it very clear, for certain
solicitations, that you want to see it yourself. For example, the RFQ for towing. That will come back to you
because you asked that it be reviewed first, before it's solicited. But, normally, we seek-- the policy is to
seek authority to issue and we, then, proceed to issue, without coming-- bringing it back.
Vice Chairman Gort: And not bringing it-- without coming back to us?
Ms. Carter: Yes, yes.
Vice Chairman Gort: OK.
Chairman Plummer: OK. Item...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele, I'm sorry, sir. You did ask for the floor.
Commissioner Teele: I would ask the Manager to set up a Peer Review Committee to evaluate the RFP, as
well as the Department. A Peer Review meaning, persons not with the City of Miami but with comparable
municipalities or a County or a state government or just a strict Peer Review of technology. I want to be on
record as saying that this technology stuff is moving so fast that everybody cannot be an expert in it. We
need to look at some way that we can bundle this stuff with the county and with the airport or the Coral
Gables or Miami .Beach. I mean, we really need to look at bundling technology. I mean, if AT&T and
Sprint are seeking worldwide partners to bundle...
Chairman Plummer: Incredible.
Commissioner Teele: ...then, you know, we really ought to look at...
Chairman Plummer: Every day.
Commissioner Teele: Huh?
Chairman Plummer: Every day it's something new.
Commissioner Teele: Every day it's something new. And no matter what you buy, it's obsolete, particularly,
in government. By the time you do an RFP...
Chairman Plummer: And if it doesn't work, you want to get it repaired. It's cheaper to get anew one than it
116 September 21, 1999
is to get it repaired.
Commissioner Teele: But I really do think that a part of the RFP process should be to determine whether or
not a governmental entity -- why don't we go to Langland and ask Langland to come down here and look at
this anything? I mean, there are a whole lot of governmental agencies that do nothing but technology
review. The County is doing technology review, I know, for Mexico City. I mean, they are the consultant to
the City of Mexico City in Mexico. I just think we ought to try to bundle this stuff and not just keep trying
to do it on a stand alone basis.
Mr. Warshaw: I agree, Commissioner. We will set up that Peer Review.
Chairman Plummer: All right. Mr. Manager, 33 and 34, what...
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: I'm sorry. Mr. Sanchez.
AGER ,TOs EXTEND `PROFESSIONAi� ,SERVICES AGREEMENT* WITH
NB1;IiG, 'tR, UIZIG tT0 PROVE ID& FEDE`RAL�GOVERNME�ITz,' 3 YII�ICi'
�, -Tgt
Commissioner Sanchez: On 33, I've been advised by Legal that it's a conflict of interest and I have filed the
paperwork. So, I will not be voting on it.
Chairman Plummer: I don't think you want to say that, sir. It is not a conflict of interest. What you're
saying is, you feel that you should...
Commissioner Teele: Refrain from voting.
Chairman Plummer: ... that you should not vote on this particular issue.
Vice Chairman Gort: Right.
Commissioner Teele: Right.
Chairman Plummer: Because the first thing you'll hear about in your re-election is, you had a conflict of
interest. Mr. Manager, my question is, why do we need two firms to do the same thing? Why not one firm?
Mr. Warshaw: Well, I think the history was that we wanted to award it to one firm and I -- you can correct
me if I'm wrong -- I think the Commission directed us to...
117 September 21, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-666
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE LAW FIRM OF GREENBERG, TRAURIG ET. AL., TO
PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING
SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF ONE (1) YEAR
EFFECTIVE OCTOBER 1, 1999 UNDER THE SAME TERMS AND
CONDITIONS, IN AN AMOUNT NOT TO EXCEED $100,000, INCLUSIVE
OF EXPENSES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO.920216-270.
(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.
Chairman Plummer: Is the firm of Katz, Kutter, Alderman, Haigler, Bryant and Yon, are they local?
Ms. Marva Wiley (Special Assistant to the City Manager): As far as City of Miami, they do not have a City
of Miami office. They have one in Dade County.
Chairman Plummer: OK. They're somewhat local?
Ms. Wiley: Somewhat local.
Chairman Plummer: OK. But, again, the question is, why do we need...
Commissioner Teele: The question is, do they have an office in Tallahassee? That's the real question.
118 September 21, 1999
Chairman Plummer: No, this is for the Federal...
Ms. Wiley: This is Federal.
Chairman Plummer: No.
Mr. Donald Warshaw (City Manager): Federal.
Commissioner Teele: Huh?
Chairman Plummer: No.
Mr. Donald Warshaw (City Manager): This is Federal.
Chairman Plummer: No. In Washington...
Commissioner Teele: Well, the question is, do they have an office in Washington.
Ms. Wiley: They had -- they offered a joint venture, and there is a representative who is based in
Washington for this contract.
Mr. Warshaw: And I stand corrected on my previous comment. It was the Selection Committee that
recommended both because they both had different areas of expertise. So, it was basically split.
Ms. Wiley: And I believe the Chairman liked the fact that there was an opportunity for competition, so that
they could be measured at the end of the day, as far as what accomplishments were achieved by each firm.
Chairman Plummer: Well, OK. I'm not going to make any denial. I'm very, very partial. But if this is the
recommendation, I'll go along with it. No problem.
Vice Chairman Gort: OK.
Chairman Plummer: All right. Thirty three is first. Moved by Gort. Seconded by Teele. All in favor say
"aye." Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Well, the management failed to realize that we need two different lobbyist
firm in Washington. One for Clinton and the other one for Hillary. Thank you.
Chairman Plummer: No, that's one in Washington and one in New York. All right. Thirty-three. All in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Thirty-four, same. Moved by Gort. Seconded by Teele. Which is the second firm.
All in favor say "aye." Are you guys awake down there?
Commissioner Teele: Aye, Mr. Chairman.
119 September 21, 1999
L
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-667
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH KATZ, KUTTER, ALDERMAN, HAIGLER, BRYANT & YON,
P.A., TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF
ONE (1) YEAR EFFECTIVE OCTOBER 1, 1999 UNDER THE SAME TERMS
AND CONDITIONS, IN AN AMOUNT NOT TO EXCEED $100,000,
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 920216-
270
(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 Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Again, I would ask that the management file a list of all subcontractors that are
approved by this. It does not appear to have any subcontractors in the paperwork.
Ms. Wiley: He's not exactly a subcontractor. If you look at the background, it says Katz, Kutter, Haigler,
Alderman, Bryant & Yon, P.A., in conjunction with Richard Speed, Richard L. Speed, P.A. That's the way
the contract is written, so it's more of a joint venture than a subcontracting relationship.
Commissioner Teele: In other words, there are no other parties that are participaing in this, to your
knowledge?
Ms. Wiley: Exactly.
Commissioner Teele: Did you confer with the Mayor's Office? Again, I make the same statement with this
Mayor that I made with Mayor Suarez. I believe that the Tallahassee and Washington efforts should be
120 September 21, 1999
closely coordinated with the Office of Mayor. And does the Mayor support both of these?
Ms. Wiley: The Mayor has met with both firms and has expressed some degree of confidence with the
competency of the firms.
Commissioner Teele: Did he express more competence in one than the other?
Ms. Wiley: No, he did not.
Chairman Plummer: Well, we're are not limiting, are we, that, if they need a subcontractor, that they can't go
out and bring in a...
Commissioner Teele: No. J.L., but I just think that if there is a subcontractor, it ought to be disclosed. I'm
not asking for one and nor do I think one is necessary.
Chairman Plummer: OK. But I just didn't want to tie their hands if they needed additional help.
Commissioner Teele: As long as they come and get approval. I sure as heck don't want somebody
representing -- walking around with a card saying they represent the City of Miami without us, basically,
saying...
Chairman Plummer: Do you want to approve it or just be notified? I mean, you know, because if they need
something that they need...
Commissioner Teele: I don't know. I would ask the attorney. But, J.L., I've got to tell you something. I
don't think -- I mean, it's one thing to have a subcontractor out there on the contaminated soil on Virginia
Key or Watson Island. It's a whole -- and, then, bringing in a subcontractors. It's a whole nother thing to
have somebody walking around in Washington, D.C. or in Tallahassee saying, I represent the City of Miami,
And I think we ought to approve everybody that has the right to say I represent the City of Miami. I think
the Mayor ought to be conferred -- consulted with, as well.
Chairman Plummer: OK. I just -- you know, I was trying to give them as much flexibility as I could. That's
all.
Commissioner Teele: But, U.,1 don't think that's a good idea, at all. I think, anybody who's representing
the City of Miami should have the Mayor's approval and this Commission's approval.
Chairman Plummer: I will acquiesce to the expert from Washington and concur with you, sir.
11;OQU.FOR SPECIAL -'COUNSEL FOR CIVIi SERVICE BOARD
Chairman Plummer: Item 35, eighteen thousand dollars ($18,000) to Civil Service Office for outside
counsel. Moved by Gort. Seconded by Regalado.
Vice Chairman Gort: Excuse me. In discussion. Can you state on the record the reason why we needed
outside counsel on those boards?
Ms. Maria Chiaro (Assistant City Attorney): State law precludes the City Awmey's Office from
prosecuting cases in front of the same board that it represents. So, for this item and the next two items, you
121 September 21, 1999
•',N
have a request so that the board is represented, the City Attorney prosecutes the cases in front of these
boards.
Vice Chairman Gort: Thank you, ma'am. I just want to make sure it's put in the record.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-668
A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING AN
AMOUNT NOT TO EXCEED $18,000 FROM FISCAL YEAR 1999-2000
BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO.
240101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL
COUNSEL, INCLUDING ANY REQUIRED RELATED LITIGATION
SERVICES, FOR THE CIVIL SERVICE BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
13 109 Cl, $i$i-,, OTf R. PEGIAi, COUNSEL _FOR.COI)EENFQRCEME jT BOARD ,r. A -,
Chairman Plummer: Item 36 is outside counsel for the Hearing Boards, Moved by Gort. Seconded by
Regalado. All in favor say "aye."
The Commission (Collectively): Aye,
Chairman Plummer: All opposition? Show unanimous.
122 September 21, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-669
A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING AN
AMOUNT NOT TO EXCEED $18,000 FROM FISCAL YEAR 1999-2000
BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS,
ACCOUNT CODE NO, 820101-250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL, INCLUDING ANY
REQUIRED RELATED LITIGATION SERVICES, FOR THE CODE
ENFORCEMENT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
ltA A'I"E 18,OQQ FQR SPECIAL;COUNSEL FOR�NUISANCE=ABAi'EMENT;BOARD t , t
Chairman Plummer: Thirty-seven. The same outside counsel for the Nuisance Abatement Board. Moved
by Gort. Seconded by Regalado. All in favor say "aye."
Vice Chairman Gort: Aye.
Chairman Plummer. That's one.
Commissioner Regalado: Aye.
Chairman Plummer: Two.
Vice Chairman Gort: And you.
Chairman Plummer: Three. Show it unanimous.
The Commission (Collectively): Aye.
123 September 21, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-670
A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING AN
AMOUNT NOT TO EXCEED $18,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT CODE NO. 820101.250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL, INCLUDING ANY
REQUIRED RELATED LITIGATION SERVICES, FOR NUISANCE
ABATEMENT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Chairman Plummer: Item 38. City -- advise individual City Commissioners of details of any project,
regulation, activity or issue affecting the property within the Commissioner's district. Moved by Regalado.
Seconded by Gort. Any opposition?
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous ballot.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-671
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE
CITY MANAGER TO ADVISE INDIVIDUAL CITY COMMISSIONERS
OF THE DETAILS OF ANY PROJECT, REGULATION, ACTIVITY OR
ISSUE AFFECTING ANY PROPERTY WITHIN THAT
COMMISSIONER'S DISTRICT PRIOR TO CONSIDERATION OF SUCH
AN ITEM BY THE CITY COMMISSION.
124 September 21, 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 Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Out of the respect for time for a number of people that are here, I want tobring up just
one section of Item 55 to be deferred...
Chairman Plummer: Hold on, sir.
Commissioner Teele: But I want to wait until Commissioner Sanchez is on the dais. But I'm not deferring
55. I just want to deal with the recoverable material section of that, and defer that until the workshop on
Saturday.
Chairman Plummer: Fifty-five. That's in reference to...
Commissioner Teele: Solid Waste.
Chairman Plummer: Solid waste. All right, sir.
Mr. Alejandro Vilarello (City Attorney): Commissioner?
Chairman Plummer: We're now on item...
Mr. Vilarello: I'm sorry. I'm...
Commissioner Teele: Is it 53?
Mr. Vilarello: Yes.
Commissioner Teele: Fifty-three.
Mr. Vilarello: Fifty-five is an item that has to be considered and taken up today.
Commissioner Teele: I apologize. Fifty-three.
125 September 21, 1999
Chairman Plummer: All right.
Chairman Plummer: Thirty-eight A. The engagement, once again, of Leibowitz and Associates for Cable
Television. Another fifty thousand dollars ($50,000).
Mr. Alejandro Vilarello (City Attorney): Commissioner, this item is the continued representation of
Leibowitz and Associates in the case.
Chairman Plummer: We know. And all of it is payable back to the City on the award of the contract..
Mr. Vilarello: That's a negotiable item...
Chairman Plummer: He better negotiate it.
Mr. Vilarello: But what I've discussed with Mr. Leibowitz is...
Commissioner Regalado: Question.
Mr. Vilarello: ...there's a substitute resolution that's going to be distributed, where Mr...
Chairman Plummer: OK. Mr. Regalado has a question.
Commissioner Regalado: This Thursday there is a workshop in the County.
Commissioner Teele: Jesus Christ.
Commissioner Regalado: And on October the 18th there will be a vote by the County Commission, whether
to have a contract with AT&T, who would provide intemet service through the cable system. Are we doing
something about this? Is that only on an unincorporated area or is that countywide?
Mr. Vilarello: Commissioner, perhaps, Mr. Leibowitz is best to address that. We are dealing with that issue
within our franchise agreement in our negotiations.
Chairman Plummer: Have him call Mr. Regalado.
Mr. Vilarello: However, the substitute resolution that 1 want you to consider provides that Mr. Leibowitz'
firm will continue to provide the services to the City in the informal negotiation process for the additional
fifty thousand dollars ($50,000). You're agreeing to cap his fees. The cap does not apply in the event that
we add -- enter into an administrative formal litigation, and it does not apply if other parties, other than TCt,
AT&T and Media One, come into the picture. But, otherwise, he has agreed to cap his fees for this
additional fifty thousand dollars ($50,000).
Chairman Plummer: Moved by Gort.
126 September 21, 1999
Commissioner Regalado: Yeah.
Chairman Plummer: Seconded...
Commissioner Regalado: But still, I -- you haven't answered my question, whether this has a bearing on
what the County is doing and what the County will do in October.
Chairman Plummer: He said he doesn't know, that you'd have to ask Mr. Leiberman.
Mr. Vilarelio: This resolution strictly dials with Mr. Leibowitz' fees. I believe he's on his way here and will
-- Elaine, can you address that?
Ms. Elaine Buza: Elaine Buza, Telecommunications Administrator. On Thursday, what's going before the
County Commission is the workshop on open access.
Commissioner Regalado: Right.
Ms. Buza: Which is to require AT&T to open their fiber to other ISP's or other Internet providers. That's
what the workshop on Thursday is going to be. What we have tried to do in the drafting of our legal
documents today is to include what we call a Most Favored Nations Clause, which would mean that
anything that AT&T would give another municipality or another County, we would get also, and that's part
of our current negotiations, that particular clause.
Chairman Plummer: Is that different from what I've got here?
Commissioner Regalado: But is this-- what they're doing, is it countywide or just unincorporated area?
Ms. Buza: It would just be for the franchises that the County has awarded. It would not necessarily affect
the City. We would have to do our own language for the City franchise.
Commissioner Regalado: OK.
Chairman Plummer: All right. We have a substitute resolution. Would you read it into the record, please,
and tell us what is the difference between the agenda item and the substitute?
Mr. Vilarello: The agenda item has no limitations on his continued representation and the resolution, which
is being substituted, does limit it to continuing negotiations with TCI, AT&T, Medh One and companies
controlled by them. And it limits the formal process. It limits the fee to the informal process and not the
formal process.
Chairman Plummer: Moved by Gort. Seconded by Regalado. Is there any further discussion? All in favor
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
127 September 21, 1999
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-672
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY ATTORNEY TO CONTINUE ENGAGEMENT OF THE LAW
FIRM OF LEIBOWITZ AND ASSOCIATES, P.A., AS OUTSIDE
COUNSEL TO PROVIDE ALL LEGAL AND CONSULTING, ADVICE,
ANALYSIS, COUNSEL AND RELATED SERVICES REGARDING ALL
CABLE TELEVISION ISSUES AFFECTING THE CITY OF MIAMI,
INCLUDING PREPARATION, REVIEW AND COUNSEL RELATING TO
ALL NECESSARY ORDINANCES AND AGREEMENTS, WITH RESPECT
TO TCI, AT&T OR MEDIAONE, PARENT COMPANIES, OR
SUBSIDIARIESIAFFILIATES CONTROLLED BY THEM (THE "PRESENT
PARTIES"), CONCERNING AND UNTIL THE SUCCESSFUL
COMPLETION OF THE ONGOING CABLE TELEVISION LICENSE
INFORMAL .RENEWAL PROCESS, BUT EXCLUDING THEREFROM FEES
AND COSTS FOR LITIGATION AND ADMINISTRATIVE HEARINGS OR
APPEALS, IF ANY, AND ANY NEW MATTERS, OR MATTERS RELATING
TO A NEW PARTY IN WHOLE OR IN PART; ALLOCATING FUNDS
THEREFOR, FOR A TOTAL AMOUNT NOT TO EXCEED AN
ADDITIONAL $50,000, FROM SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT CODE NO.920205-250, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: All right. We're now on -- wait a minute. What happened here? We're on Item 39.
Boards. Affirmative Action. Mr. Sanchez. You have an appointment?
Commissioner Sanchez: Who did I have there?
Mr. Walter Foeman (City Clerk): The incumbent is Ivan Barrett.
128 September 21, 1999
Commissioner Sanchez: Excuse me?
Mr. Foeman: Ivan Barrett. He's the incumbent.
Commissioner Sanchez: We'll go ahead and reappoint him.
Mr. Foeman: OIL. Commissioner, he needs four/fifths vote because he was excessively absent. So, you can
reappoint him with four/fifths vote.
Commissioner Sanchez: Yes.
Chairman Plummer: All right. Regalado.
Commissioner Regalado: I will -- this is Affirmative Action?
Chairman Plummer: Right.
Commissioner Regalado: I will defer that to the next meeting.
Chairman Plummer: Mr. Teele. Affirmative Action, do you have an appointment, sir?
Commissioner Teele: Not at this time.
Chairman Plummer: You defer it?
Commissioner Tcele: Yes. Not at this time.
Chairman Plummer: All right. Call the roll on the appointment of Mr. Sanchez.
Mr. Foeman: I need a movant and a seconder.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Gort.
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Sanchez.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-673
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
129 September 21, 1999
N
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Bayfront Park. Mr. Teele.
Mr. Walter Foeman (City Clerk): I'm sorry. Commissioner Teele?
Commissioner Teele: Yes.
Chairman Plummer: Bayfront Park Trust. Mr. Teele.
Commissioner Teele: No appointment at this time.
Chairman Plummer: A deferment until the next meeting.
Chairman Plummer: Item 41. Citywide Community Development Advisory Board. I'll defer my two. Mr.
Sanchez.
Commissioner Sanchez: Will reappoint both individuals that are appointed at this time, Flores Morales and
Pablo Perez Cisnero.
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: No appointment at this time.
Chairman Plummer: Defer both until the following. We have downtown target and Little Havana target.
Mr. Gort, Downtown, I guess we both have a shot at. All right. I'll defer it and I'll get one for the next
meeting. Little Havana. Mr...
Commissioner Regalado: I will...
Chairman Plummer: Who?
130 September 21, 1999
r Commissioner Sanchez: 1 would defer and get somebody next meeting.
Commissioner Regalado: I would, then, appointment Eloy Aparicio
Vice Chairman Gort: It's at large.
Commissioner Regalado: Yeah, I know.
Chairman Plummer: You can proffer a name.
Commissioner Sanchez: Yeah.
Commissioner Regalado: Yeah, I'm proffering a name. I'm sorry.
Commissioner Sanchez: I'll second that name.
Chairman Plummer: OK. What's the name?
Commissioner Sanchez: Eloy Aparicio.
Commissioner Regalado: Eloy Aparicio.
Chairman Plummer: All right. All in favor of the name proffered say aye.
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? All right. Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-674
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD.
(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.
131 September 21, 1999
Chairman Plummer: Forty-two, Coconut Grove Standing Festival. My appointment was Ted Stall, is that
correct?
Mr. Walter Foeman (City Clerk): Sky Smith.
Chairman Plummer: Huh?
Mr. Foeman: The incumbent was Sky Smith. Sky Smith.
Chairman Plummer: Who?
Mr. Foeman: Sky, S-K-Y, Smith.
Chairman Plummer: Oh, Sky Smith. Yes, excellent. And I'll do that again. Mr. Teele, Coconut Grove
Standing Festival.
Commissioner Teele: No appointment at this time.
Chairman Plummer: Defer it until the next meeting. Sanchez.
Commissioner Sanchez: Who did I have there?
Mr. Foeman: Ronnie Arango was the incumbent.
Commissioner Sanchez: We'll replace him -- we'll appoint him again. Reappointment.
Chairman Plummer: All right.
Commissioner Sanchez: So moved.
Chairman Plummer: For the names proffered, all in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-675
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED
HEREIN.
132 September 21, 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.
Chairman Plummer: The next item is the Code Enforcement Board. Sanchez.
Commissioner Sanchez: Rudy de la Guardia.
Chairman Plummer: Regalado.
Commissioner Regalado: Maria Hernandez.
Chairman Plummer: Gort? Willy.
Vice Chairman Gort: Defer.
Chairman Plummer: Defer? All right. Commission at large. As alternate members, I would like to appoint
Robert Flanders from the northeast. Any on the at large? The names proffered be accepted, all in favor say
"aye.'°
The Commission (Collectively): Aye
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-676
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS
ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD FOR
TERMS AS DESIGNATED HEREIN.
133 September 21, 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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
WWI
EiCIVINERtAS„MEMHI✓R,OF COM1yiiSS)ON,ON}TIIE STATUS OFWOMEIV°
Chairman Plummer: Status of Women. Gort, two. Teele, two.
Vice Chairman Gort: Pass,
Chairman Plummer: Gort passes. Teele. Teele.
Commissioner Regalado: Not here.
Mr. Walter Foeman (City Clerk): He's not here.
Chairman Plummer: Huh?
Commissioner Regalado: Not here.
Mr. Foeman: He's not in the chambers.
Chairman Plummer: All right. Well, I assume...
Vice Chairman Gort: I'll have one of the two.
Chairman Plummer: What?
Vice Chairman Gort: I'll have one nomination.
Chairman Plummer: Go ahead with your nomination.
Vice Chairman Gort: Albena Sumner.
Chairman Plummer: OK. Motion made by Sanchez. Seconded by Regalado. All names proffered be
accepted. All in favor say "aye."
The Commission (Collectively): Aye.
134 September 21, 1999
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-677
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE
STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Community Relations Board. Both by Teele. He's not here. We'll come back to it, if
he wishes.
Note for the Record: Item Numbers 45 and 46 were deferred until later in the meeting.
Chairman Plummer: Health Facilities Authority. Mr. Gort. Item 46. Defer it until the next meeting
Vice Chairman Gort: Wait a minute. Yeah, I'll have to pass on this one.
IM,,'?Af'?I,LL�ISfABA!1)rS AS'IYIF.IyIBEKOF;IiTTLEHAVANA'FESTIVAL;CQM3ViITTEE ;U
Chairman Plummer: All right. Little Havana Festival Committee.
Vice Chairman Gort: Excuse me a minute, Mr. Chairman. My understanding is, if y'all don't do any
nominations, the person stays until the nomination is...
Chairman Plummer: That is correct.
Vice Chairman Gort: OK.
Chairman Plummer: Little Havana Festival Committee. Who was my appointment?
Mr. Walter Foeman (City Clerk): You never made one to that.
135 September 21, 1999
Chairman Plummer: What?
Mr. Foeman: You never made one to that one.
Chairman Plummer: All right. I'll move Luis Sabines. Mr. Teele.
Mr. Foeman: He's not in the chambers.
Chairman Plummer: I'll show it as deferred, Moved by Gort. Seconded by Sanchez. All in favor of the
name proffered say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-678
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA
FESTIVAL 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 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: Comm issionerArthur E. Teeie, Jr.
Chairman Plummer: Miami Sports and Exhibition Authority. Regalado, two.
Commissioner Regalado: OK. Marianne Salazar.
Chairman Plummer: That's one.
136 September 21, 1999
Commissioner Regalado: That's one. The second one, I will defer. One question, Mr. Chairman. Did we...
Chairman Plummer: Yes.
Commissioner Regalado: Did we sign a note on behalf of the Commission to the family of Bill Bayer? I
don't...
Chairman Plummer: I'm sure we did. I remember including it in the prayers.
Commissioner Regalado: OK.
Chairman Plummer: Mr. Clerk, if we did not, please, for the family of Mr. Bill Bayer, otherwise known as
Monkey. All right. Mr. Teele, appointment to-- I guess we'll defer it.
Commissioner Sanchez: Yes. I do believe that he had one, and I'd like to bring that up because I think we're
going to make a statement or an argument of some type of-- on the MSEA (Miami Sports and Exhibition
Authority).
Chairman Plummer: All right. Well, when he comes back, any of these he wants to bring up, we will.
Motion by Regalado. Seconded by...
Commissioner Sanchez: Second.
Chairman Plummer: ... Sanchez, that the name of Maria...
Commissioner Regalado: Marianne Salazar.
Chairman Plummer: Marianne Salazar be accepted. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-679
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY ("MSEA") FOR TERMS AS DESIGNATED
HEREIN.
137 September 21, 1999
L
(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.
Chairman Plummer: Property and Asset Review Commitee. Mr. Regalado.
Commissioner Regalado: I'll defer it.
Chairman Plummer: Defer it until the next meeting. Waterfront Advisory Board I will defer until the next
meeting. Zoning Board. I will defer mine until the next meeting. Commissioner Teeb is not here. If he
doesn't object, we will defer until the next meeting.
Note for the Record: Item Numbers 49, 50 and 51 were deferred until later in the meeting.
Chairman Plummer: We have the people here from the booting. Has that been worked out, Mr. Manager?
Well, excuse me. Commissioner Teele was the one who was most outspoken. So, let's wait for him to come
back. Mr. Manager, are you ready on the item of the boats.
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: All right. All parties interested in the boats at Bayside. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): The ordinance changes only in a title, a very simple change in the
title. Instead of allowed to operate a second sightseeing boat, it would be changed to provide that they can
operate a replacement sightseeing boat and, perhaps, the administration and the parties can discuss the other
conditions that are placed on the vessels.
Chairman Plummer: All right. Where are we? I'm assuring this is a three -party agreement?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If we could bring something back before we continue this? It's on the MSEA
appointments. Let...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
138 September 21, 1999
Commissioner Teele: Yes.
Commissioner Sanchez: I would yield for Commissioner Teele.
Commissioner Teele: I apologize. I recognize that Commissioner Sanchez is the Vice Chairman of MSEA
(Miami Sports and Exhibition Authority), but I have a very serious concern about MSEA. And, Mr.
Attorney, I want to ensure -- I don't want to appoint anybody to the MSEA board unless and until I know
that there is adequate directors' insurance in place for the directors. I think the person that I have had on the
board for the last 18 months is an official with a union; they're under a certain Department of Labor and
Federal oversight in their actions. A civil suit or something against them, personally, couldhave tremendous
adverse implications, and that's true when you serve on anybody board. But the least thing I think we have
to be responsible for is, we need -- as a board of Commissioners need to know that the people that we
appoint to this MSEA board are being adequately protected, and I'm not talking about legal advice now. I'm
talking about directors' insurance. Can you give us the status of that issue?
Mr. Vilarello: The current members of the MSEA board do not have director's insurance. Sometime ago
the board requested advice and guidance on whether or not to obtain that kind of coverage and we provided
them an opinion, which includes statutory representation, which would protect them in the event that they
were sired individually, as well as the provisions of the City Code, which would provide them some
protection. At that time, the board concluded that it would not seek directors' insurance
Commissioner Teele: What board?
Mr. Vilarello: The MSEA board.
Commissioner Teele: But, here again -- I mean, you know, I think we need to be careful about these boards
that we're appointing from here. I mean, it's -- I don't want to put anyone in harm's way, and if they're going
to be in harm's way, they certainly need to be fully protected. And I can tell you right now, people are
resigning from the MSEA board and indicating less enthusiasm about serving in light of the issues. I don't
know. I would like to have, at least, the opportunity to vote on that issue, and I would ask that you pepare
that issue to come before this Commission at the next available opportunity. Because I think we need to
understand what the ramifications are. I think there are a series of ramifications, Mr. Attorney, relating to
MSEA, that this Commission has not received any advice on. At least, I haven't received any advice on.
The only thing that I know is that the City Commission was dismissed from the lawsuit.
Mr. Vilarello: The City was dismissed from the lawsuit.
Commissioner Teele: However, we have an obligation, as it relates to MSEA, at least to the point that we're
appointing board members, and we need to be able to intelligently discuss with board members the status of
this litigation. And that is the concern that I have, is that, you know, ve just can't say, "Well, it's a MSEA
problem." If I'm going to appoint somebody to MSEA, unless I'm going to appoint someone that I
politically don't like, per se, I really feel an obligation not to put someone or at least to be able to intelligently
discuss with the potential MSEA appointee the overall situation.
Mr. Vilarello: Commissioner, I could...
Commissioner Teele: And I think we need -- and 1 look to the Vice Chairman of the board and the
Chairman, the Mayor, to provide some advice and some discussion because, you know, to have a judge to
issue a summary judgment for twelve million dollars ($12,000,000) against you is not the kind of thing that's
139 September 21, 1999
business as usual. And I can assure you, if this were a private corporation there would have been emergency
meetings, there would have been outside counsel, there would have been outside lawyers, there would have
been a series of things that everybody would have gone through.
Mr. Vilarello: Commissioner, let me address two issues. One, MSEA anj the City are two separate and
distinct entities.
Commissioner Teele: Yes, I understand that.
Mr. Vilarello: Each with their individual responsibilities and obligations. The City has been dismissed from
the lawsuit. In addition to that, there's significant contractual provisions, which protect the City from
liability. On the first issue you raised, however, Commissioner...
Commissioner Teele: Mr. Chairman -- Mr. Attorney, if we appoint people to a board -- I mean, do you
really think that the President of the United States appoints people and doesn't sit down with him and talk
about what it is they want to do? Or the Governor appoints people or the Mayor of the County of the City. 1
mean, it's not enough to say that's a separate legal en*. That's fine from a legalistic point of view, but as a
director who's being asked to make an appointment-- I mean, would you let me appoint...
Mr. Vilarello: Commissioner, I was about to address your second issue.
Commissioner Teele: OK.
Mr. Vilarello: The MSEA board considered retaining directors' insurance. They concluded that they didn't
want to. However, the City Commission can direct them to get that kind of insurance. Whether it's available
on the market at this point...
Commissioner Teele: The point is this, Mr. Chairman -- Mr. Attorney. I'm being asked to make
appointments, you know, and I would hope that if anybody were to appoint me to a board that just got a
twelve million dollar lawsuit, unless they really hate me or dont like me, that they would at least go through
a certain level of scrutiny and understanding, and I don't think we've done that. That's my point. I don't --
I'm not comfortable appointing anybody to the MSEA board until I have a personal level of comfortas to
where MSEA...
Commissioner Sanchez: That's what you guys did to me.
Commissioner Teele: I apologize. You're the Vice Chairman and I really should yield to you...
Commissioner Sanchez: Yeah.
Commissioner Teele: ... and ask you to tell us where we are or how you feel about this.
Commissioner Sanchez: Well, that's exactly what you did to me.
You guys appointed me to the MSEA board and when I walked in, my first meeting was a deposition.
Commissioner Teele: Well, let me apologize...
Commissioner Sanchez: So, where they're suing MSEA for twelve thousand dollars ($12,000.00), so that
was the first day that I -- my first meeting. Now, let me...
140 September 21, 1999
Commissioner Teele: I'm going to admit. I didn't know you that well. If I hal known you then the way I
know you now, I would have never let you go on that board.
Commissioner Sanchez: You would have never taken that -- let me take that route. But let me -- he's
absolutely right. I mean, how can we make an appointment now to put somebody in that board where there's
-- like today, today they -- we did not have a quorum. Of course, I had to be at the Commission. I don't
know for whatever the Mayor didn't make it.
Unidentified Speaker: We met. We met.
Commissioner Sanchez: Oh, you had the-- so, you did have. Maybe you could fill us in on what's going on
in MSEA. But I just feel that you're absolutely right, how could-- when I was named to that --and I was so
proud to be serving on MSEA, which is -- I didn't ask to do a sports -- being that I am a sport's fan. I get
there and the first meeting is that we're being sued for twelve million dollars ($12,000,000) and they're
asking me to make a statement. I don't have a statement. I wasn't here. These are things thatI inherited and
most of the members in that board have inherited the same problem. So, yes, it is a great concerns to put
someone in there who is going to go to these meetings and the only thing he's going to hear is going to be
legal language pertaining to lawsuit, depositions. You know, it's pretty tough. And it makes it-- and I
guarantee you, I'll make this statement-- I think, in the next couple of months, a lot of those board members
are going to resign and we're seeing people resign from MSEA.
Mr. Vilarello: Commissioner, with regard to the appointment of individuals, it is necessary to have
members to the boards so that MSEA can continue to operate and deal with the issues because they face
very serious issues, and if they cannot act without a quorum and they don't have a quorum to proceed, it's
really complicating their ability to respond to the litigation. So, I do encourage you to, please, make the
appointments.
Commissioner Sanchez: Hold it. Could we hear from Eli? Eli, you and-- you sit on the board, as a board
member.
Mr. Eli Feinberg: Yes. Mr. Chairman and the Commissioners. Eli Feinberg a 13 year member of MSEA
and an unsued member of MSEA. We met today. We were briefed by the two law firms, who are
defending our lawsuit and, by a unanimous vote, about 10 minutes ago, we voted to appeal what we feel is a
very, very bad decision by this judge.
Commissioner Teele: What was the vote?
Mr. Feinberg: Six nothing. Six zero.
Commissioner Teele: How many members on the board?
Mr. Feinberg: At this time, I believe we have eight.
Commissioner Teele: How many members, Mr. Attorney, have we authorized on that board..
Mr. Walter Foeman (City Clerk): Eleven,
Mr. Vilarello: Six is a quorum.
Commissioner Sanchez: How many?
141 September 21, 1999
Mr. Vilarello: Six members of the authority, eligible to vote, constitute a quorum.
Chairman Plummer: But two of those members are the Mayor and Commissioner Sanchez.
Commissioner Sanchez: How many members -- so, you're talking 12, 13, 14? You're talking two members
appointed by each Commissioner, a Chairman and a Vice Chairman? You're talking about two members,
per each Commissioner. You're talking about a Chairman and a Vice Chairman?
Chairman Plummer: I don't think you serve as...
Commissioner Teele: The i l th includes the Mayor and the Vice Chair.
Mr. Eli: Yes.
Chairman Plummer: But the Vice Chair, as a Commission representative, does not get to name any other
individuals, as I recall.
Commissioner Teele: fie names one.
Commissioner Regalado: He names one.
Commissioner Sanchez: Yes, I do. I name one.
Commissioner Teele: He names one.
Mr. Vilarello: He gets to name one.
Commissioner Teele: If it's 11 members and five Commissirners, everybody is two and the Mayor is one.
Chairman Plummer: OK.
Mr. Eli: We were told today that six members was a voting quorum.
Mr. Vilarello: That's correct.
Commissioner Sanchez: One of the many things that some of us have inherited in this City.
Commissioner Regalado: Question for the City Attorney. Mr. City Attorney, so what happen if MSEA
would lose the appeal? And why did MSEA communicated, in writing, to the City, that they would be
asking the money? I understand that there is some...
Commissioner Teele: That they what?
Commissioner Regalado: Will be asking the City for the money back. Is there a written communication
from MSEA to the City?
Mr. Vilarello: There was a -- MSEA is represented on this issue by separate counsel. I do not represent
MSEA on this issue. At one time they made a demand to the City, based on a demand made to them by
Decoma. The holding by the judge provides that there is a twelve million dollar ($12,000,000) liquidated
142 September 21, 1999
damages amount based on a contract liquidated damages. It's not related to the twelve million dollars
($12,000,000) that was paid by MSEA to the City. It happens...
Commissioner Regalado: But it's twelve million dollars ($12,000,000).
Mr. Vilarello: It happens to be a similar number.
Commissioner Regalado: But it's twelve million dollars ($12,000,000)?
Mr. Vilarello: Yeah. That is the trigger-- that is the event that triggered the default.
Commissioner Regalado: But let me ask you. Is there any possibility that the City will be liable in the
future?
Mr. Vilarello: The only relief that Decoma had available, in my opinion, was as against MSEA, under the
contract in a liquidated damage provision. The contract further provides significant protction to the City
against any claims, by any party, for any default, under the agreement. So, in my opinion, no, there is no
viable claim by MSEA against the City for that amount of money.
Commissioner Sanchez: If I may? I think that we should get somebody from the outside, a Committee of
one, to look into MSEA. One of us, the Commissioners here.
Commissioner Teele: Willy Gort.
Commissioner Sanchez: And come back...
Vice Chairman Gort: No, no, no.
Commissioner Sanchez: No. I'm going to make a motion...
Commissioner Teele: Willy did...
Vice Chairman Gort: No, no, no.
Commissioner Teele: Willy did the attorney
Vice Chairman Gort: No, no, that's it. No, no.
Commissioner Teele: He did the attorney thing.
Commissioner Sanchez: Wait, wait, wait. Now, that's-- if I may continue. I think that one of us...
Vice Chairman Gort: I've had enough, guys.
Commissioner Sanchez: I can't be it...
Vice Chairman Gort: I appreciate it.
Commissioner Sanchez: ... because I'm the Vice Chairman. But I think one of us should be a committee of
one to look into MSEA and come back, within 30 days, 60 days, and report to this Commission. And I
143 September 21, 1999
make a move that it's Commissioner Teele.
Vice Chairman Gort: Second.
Commissioner Sanchez: Second. All in favor?
Chairman Plummer: Wait a minute. Who's running this meeting?
Commissioner Teele: Mr. Chairman, this is...
Chairman Plummer: Mr. Teele.
Commissioner Teele: Commissioner Sanchez is right-- is half -way right.
Chairman Plummer: That's normal.
Commissioner Teele: There should be someone -- just like we designated Commissioner Gort when we did
the review of the City Attorney's position -- to be a committee of one and to get resources from the
Commission or the management or as he see fit.
Chairman Plummer: Well...
Commissioner Teele: I think Commissioner-- no. I think Commissioner Gort is uniquely prepared with
his...
Chairman Plummer: He has turned it down.
Commissioner Teele: Well, if commissioner Gort is turning it down, then I will accept it. But I really do
believe that Commissioner Gort is better suited for this, with his background in municipal finance. Given
the fact of the -- the fact thatt he did get -- he does have some other extracurricular activities to deal with over
the next 30 days, I will accept that. But I would ask for 60 days or 45 days, as opposed to 30 days.
Commissioner Sanchez: So be it.
Commissioner Teele: We can't-- we've got to focus on the budget for the next two weeks.
Chairman Plummer: All right. I would only ask the question, since Commissioner Teele-- does this
Commission have any indication as to what they're asking you to do? I mean, what are you trying to
accomplish?
Commissioner Teele: Well, I can tell you what needs to be accomplished. Somebody needs to advise this
Commission...
Commissioner Sanchez: What's going on.
Commissioner Teele: What's going on, in writing; someone needs to advise this Commissionwhether or not
the board should be restructured because I can tell you right now. The same way we restructured the board
when Mayor Suarez came in here and created the I Ith member and the Vice Chairman, I want to move this
thing down. I don't want but one appointment. I think we ought to get this board down from 11 members to
six or seven members. I can tell you that. I think we need to minimize the exposure to the public and to any
144 September 21, 1999
individual and, then, we need to sit down with the City Attorney and go through a series of issues so that we
can figure out where we're going to do it. Because I tell you this. MSEA has some money and the reason
they have two lawyers right now is because they have some money and the day they have no money, they
will have no lawyers.
Chairman Plummer: And they're scared.
Commissioner Teele: And the fact of the matter is, we need to figure out anyway to resolve this matter,
short of letting -- and I know I'm going to not please my brothering of the Bar, but I know that we need to
figure out to how to solve this issue without spending three or four million dollars ($4,000,000) in legal fees
and wind up the way everything that I have seen. The Perry Anderson case went on for how long? It went
on for six years? And at the end of the day, we went ahead and spent how much money?
Commissioner Sanchez: Settled.
Commissioner Teele: Seven, eight hundred thousand dollars ($800,000)?
Chairman Plummer: Somewhat.
Commissioner Teele: I mean, you know, and this kind of stuff has got to stop. We've got to stop doing
business like that around here.
Chairman Plummer: Motion by Commissioner Sanchez and seconded by Commissioner Gort, that
Commissioner Teele be appointed, with a maximum of 60 days, to come back ard report to this Commission
his findings relating to the Sports Authority.
Commissioner Teele: With the support of the City Attorney's Office and the City Managers there.
Chairman Plummer: With the support of the City Attorneys Office and whoeverelse he might need. All in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous.
145 September 21, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-680
A MOTION APPOINTING COMMISSIONER ARTHUR E. TEELE AS A
"COMMITTEE OF ONE" TO REVIEW THE STRUCTURE OF THE MIAMI
SPORTS AND EXHIBITION AUTHORITY; FURTHER REQUESTING
COMMISSIONER TEELE TO REPORT HIS FINDINGS AND BRING BACK
RECOMMENDATIONS BEFORE THE CITY COMMISSION WITHIN 60
DAYS.
Upon being seconded by Vice Chairman Gort, 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
,CRIS9-- ABABL'ECONSIDERATION OF PROPOSED AMENDMENTTO CODE SECTION`
ESSI TAN , W, TERWAYSICI TYs MARINAS/COMMERCIAL VESSELS,' ; T
_ x, I�,'.SIGH�T,SEEiNG„�BOAT DO�ICAGE;;AGREEMENT HOLDERS` OPERATIl�G
� S1DE�'BASINO>" MIAMARINA TO OPERATE A SECOND SIGHTSEEING $OAT:
-
,.� 1 dr
Chairman Plummer: OK. The boating. The boat.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I guess we have the boat issue.
Chairman Plummer: We have the boat issue to take up and we have the hubcap issue or the booting. I'm
sorry. The booting. Well, you lose the hubcaps, so... All right. Now, as I understand, this is a three-way
agreement and there has been some kind of compromise or you wouldn't be mere is, I guess, what I'm saying.
Ms. Christina Abrams (Director, Public Facilities): Yes.
Chairman Plummer: So, where do we go from here?
Ms. Abrams: This will allow existing sightseeing vessel operators...
Chairman Plummer: And your name is Christina Abrams.
146 September 21, 1999
Ms. Abrams: Christina Abrams, Director of Public Facilities.
Chairman Plummer: Thank you.
Ms. Abrams: To abbreviate the name. This amendment will allow an existing sightseeing boat operator to
substitute that sightseeing boat if his primary boat needs to be repaired or inspected, providing that he leases
or operates a boat, it's docked at a City marina, and lie's in good standirg with the City.
Chairman Plummer: What happens if he just doesn't want to use the first boat and he wants to use the
second boat? In other words, if we wants to take the first boat and put it up the river for a year and puts
another boat in there instead of, is that prohibited?
Ms. Abrams: To replace the boat? Well, yes, our marina rules allow you to replace the boat, providing that
you meet a certain criteria.
Chairman Plummer: OK. But that's the point I'm trying to ask for clarification. He has boat "A." He
doesn't want to use boat "A." He's going to send it to New York. He also owns boat T." If he has boat
"A," can me he bring boat "B" into the marina after the 72 hours?
Ms. Abrams: Yes. This ordinance deals with repairs. What you're referring to is, if he needs to replace that
boat, for whatever reasons, for a long period of time, our— and dock agreement allows for that.
Chairman Plummer: That's the question I'm asking.
Ms. Abrams: Yes.
Mr. Vilarello: This ordinance only addresses the document of repair and inspection and I believe it was
agreed to if the boat is missing for 24 hours.
Ms. Dougherty: No. We've agreed to -- yes, it's a 24-hour prohibition, basically.
Chairman Plummer: Mine says 72.
Mr. Vilarello: The parties have apparently agreed to...
Ms. Dougherty: We have agreed to the language that I have passed out to you, with the exception of the
second sentence in paragraph one, which I will read to you. "The replacement boat may operate from
Miamarina sightseeing boat slip assigned to the primary sightseeing boat after notice to Bayside and the
City, only when the primary sightseeing boat is absent from its assigned slip for documented repairs or
inspections." And all the rest of the language is agreed to.
Mr. Vilarello: Exceeding 24 hours, instead of 72 hours.
Ms. Dougherty: No. That...
Ms. Abrams: No. Take that out.
Ms. Dougherty: That's out altogether, and the last sentence takes that place. The last sentence in that
paragraph is inserted instead of it.
147 September 21, 1999
L
Chairman Plummer: All right. Mr. Thomas, I saw you jumping up and down over there, sir. I assume that
meant you had some comments to make.
Mr. John Thomas: There is one point of contention that we still have as to the Charter issue. We have
agreed that, if the boat requires...
Ms. Dougherty: Wait a minute. That's not what 1 understood. My understanding is, we had an agreement
because we gave up some issues because you agreed to give up the Charter, is what my understanding was.
Mr. Thomas: Well, then, we have a misunderstanding. We must have the Charter...
Chairman Plummer: Uh-oh
Commissioner Sanchez: There you go.
Ms. Dougherty: The City...
Chairman Plummer: Are we going back to the drawing board?
Ms. Dougherty: The City mediated this and came back and told us that you agreed to take out the Charter
issue.
Mr. Thomas: That's a misunderstanding. We must have the Charter.
Chairman Plummer: Back to the drawing board. Wdll be here for another couple of hours. Thank you.
Ms. Dougherty: Mr. Chairman, I think, at this point, we probably ought to continue it until the next meeting.
Vice Chairman Gott: No, no. There's a motion that was passed already.
Commissioner Sanchez: We can't continue. We've got to make-- this Commission has to make decisions.
Ms. Dougherty: Well, you've already denied the ordinance, as amended.
Vice Chairman Gott: We already denied the ordinance.
Commissioner Sanchez: All right?
Ms. Dougherty: So, the only thing is to come back with a new ordinance at another time.
Vice Chairman Gott: The ordinance was denied.
Ms. Dougherty: We had an agreement, as far as I was concerned, and that's what the City represented to us.
Mr. Thomas: There's a simple issue, if the Commission wishes to resolve it, that can be dune here and now.
We'll be done with this.
Commissioner Teele: Mr, Chairman?
Chairman Plummer: Mr. Teele.
148 September 21, 1999
"—N -.N
Commissioner Teele: I think, if we're going to resolve it, we ought to put it to the end of this agenda. I don't
think we ought...
Chairman Plummer: That's what I said.
Commissioner Teele: ... ought to let these people continue to take up everybody's time, with all due respect to
both sides. There are a lot of people waiting to be heard and I don't think we ought to entertain this...
Chairman Plummer: Back to the drawing board. It will be the last item before we adjourn.
Chairman Plummer: All right. Boots. Have we worked out the agreement on the boots? Mr. Manager, is
Officer Moe here?
Mr. Raul Martinez: Yes, sir. Major Longueira will be addressing you.
Chairman Plummer: Does Officer Longueira have all the --oh, there's Officer Moe. OK. I think the reason
we recessed, Officer Moe, that Commissioner Teele asked, in your opinion, what of the towed automobiles
are the percentage of less than the seven hours and what percentage are more than the seven hours? Mr.
Teele, am I stating your question pretty...
Commissioner Teele: Yes, sir.
Chairman Plummer: All right. Why are you giving me a thing from the County?
Major Joseph Longueira: Because we're going to talk about the fees and I want you to understand where...
Chairman Plummer: I have one question before you start.
Major Longueira: Where we're going to come...
Commissioner Teele: Mr. Chairman, I only have one question.
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: What percentage of the tows are over six hours and what percentage of them are
within six hours?
Major Longueira: On the private tows, from tows from private property, are within.
Commissioner Teele: With all due respect, Major...
Major Longueira: ...are under the six hours.
Commissioner Teele: Major, with all due respect, could we hear from Officer Moe on this issue?
149 September 21, 1999
L
Major Longueira: Sure.
Commissioner Teele: And if he would put his name on the record. I said there was someone who was an
expert in this, and knew the answer, and we find it's Officer Moe. I hope.
Officer Arthur Moe: Officer Arthur Moe, Record Detail, City of Miami.
Commissioner Teele: Arthur?
Officer Moe: Yes.
chairman Plummer: Any relation?
Officer Moe: Strictly, private property tows, generally, the public picks up their vehicles within the six
hours, I'd say
anywhere from 50 to 70 percent, as opposed to police tows, where it's normally stolen vehicles, accidents,
and that's usually 90 percent and above, where they pick them up after six hours.
Chairman Plummer: That's your question.
Commissioner Teele: So, you would say 50 to 70 percent. Let's just say 60 percent for round term?
Officer Moe: Yes.
Chairman Plummer: My question is, is it a fact or was I misinformed that, on the City of Miami Beach, they
maxed out at twenty-five dollars ($25) for the booting?
Officer Moe: That's correct.
Chairman Plummer: If you know the answer.
Officer Moe: Miami Beach is twenty-five dollars ($25).
Chairman Plummer: OK.
Officer Moe: ... for booting.
Chairman Plummer: OK. Does the City of Miami Beach get any part of that fee?
Officer Moe: No.
Chairman Plummer: They do not, OK. And, in the County, we're informed it's sixty five dollars ($65), is
what they're charging or allowed to be charged for the booting. And do you know what the County gets as
their Commission?
Major Longueira: None.
Officer Moe: The County gets none.
150 September 21, 1999
w.,
Chairman Plummer: They got nothing, OK. Do you wish to be heard?
Ms. Lauraine Lichtman: Yeah.
Chairman Plummer: OK.
Ms. Lichtman: I just want go -- be the last one. I'm sorry.
Chairman Plummer: Well, I don't know who's last. Mr. Boom -Boom?
Mr. Manuela Gonzalez-Goenaga: Last.
Chairman Plummer: You want -- both of you two want to flip a coin to see who's last, since both of you
have requested to be last? Lady...
Commissioner Teele: Mr. Chairman, so ,ve know what we're talking about. We asked them to give us a
recommendation. So, could we just focus in on what their recommendation...
Chairman Plummer: All right. Mr. -- Sergeant Longueira.
Major Longueira: Yes, sir. The reason I gave you the County study...
Chairman Plummer: It's easy to answer, sir. What is the answer, your recommendation?
Major Longueira: Based on our discussion with them outside, it's sixty dollars ($60) for their boot and
fifteen dollars ($15) for the administrative fee. The only other thing for the City Attorney is, we would like
them to call in the boots to our desk, like they do the tows.
Commissioner Sanchez: So moved.
Chairman Plummer: OK. So, is that seventy-five dollars ($75) or 60, less 15?
Major Longueira: Yes. That's seventy-five dollars ($75). Now, I have to tell you that that is different and
that is more than the tow as it exists today, which is50 and 15, OK?
Chairman Plummer: And Mr. Gort wanted thirty-three dollars ($33) for the City's portion?
Vice Chairman Gort: Well, my understanding on that, if we could-- my understanding was, the original rate
was 88, but my understanding is that it was clarified later on that it's not 88. 1 don't have any problem with
the recommendations.
Chairman Plummer: You know, what doesn't stand...
Vice Chairman Gort: What I want you to understand, J.L., if you look at the report that was given tous, in
cities where they establish, in Broward and New York, booting for twentyfive dollars ($25), there's no
booting business.
Major Longueira: Right,
Chairman Plummer: Mr. Gort, do you know what I pay the City for a funeral escort?
151 September 21, 1999
Vice Chairman Gort: No. I'm not in the business. Thank God.
Chairman Plummer: That's besides the man. I pay the City twenty-five dollars ($25) per man, per escort.
And now you're going to say, in this particular case, it's fifteen dollars ($15). If you said a police -- and this
was the contention of the Police Department to me...
Commissioner Teele: You mean, you don't bill it back to the decedent's family?
Chairman Plummer: Oh, ho. I sure do.
Commissioner Teele: Well, why you keep saying you pay it?
Chairman Plummer: I'm saying, I pay it. That's the check I write.
Major Longueira: Commissioner, you pay...
Chairman Plummer: OK. Plummer, let me ask you a question. You put a...
Chairman Plummer: Can I finish?
Vice Chairman Gort: No. I'm talking about your issue. I'm getting to be like you.
Chairman Plummer: Go ahead.
Vice Chairman Gort: I'm getting to be like you.
Chairman Plummer: Go ahead.
Vice Chairman Gort: If you put up twenty-five dollars ($25) and you do the booting at twenty-five dollars
($25) and the City does not get anything back, they're still going to get the complaint and the officers are still
going to have to respond and you're not going to get anything in return.
Chairman Plummer: Exactly the point that the Police Department made to me, that they felt that almost
every one of these bootings, they're going to be called out. And, as Commissioner Teele said, you're going
to have two police cars sent out on a disturbance call and therds no way the City will break even at fifteen
dollars ($15).
Mr. Rafael Andrade: Can I respond to that, please?
Chairman Plummer: Sure.
Mr. Andrade: We've been operating in the City of Miami for a year and a half. I'd like to have a number of
times complaints were made and the police responded.
Chairman Plummer: Mr. Longueira, if you know the answer, because you're the one who told me you were
concerned about the complaints?
Major Longueira: I don't have that answer, Commissioner. I mean, I would go down to the general...
Chairman Plummer: But just for the record, just so that Plummer's not...
152 September 21, 1999
Major Longueira: Yes.
Chairman Plummer: ... taking a deep breath and getting so excited. Was it not your comments to me...
Major Longueira: Yes.
Chairman Plummer: ...that your greatest concern was the Police Department's going to be involved,
whether they like it or not...
Major Longueira: Yes.
Chairman Plummer: ... and that they not be adequately compensated for theircosts?
Major Longueira: Yes.
Chairman Plummer: So, you know, I just don't' -- my good friend, Arthur Teele, when he says, "Why are
you concerned," I'm expressing the concern of the Miami Police Department, not J.L's. concern, just so that
you know and we'll have the record straight.
Major Longueira: Commissioner, we're comfortable, though, with the 60 and 15, the administrative costs,
over all of the boots, will compensate for that.
Chairman Plummer: You know what think is fair?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes, sir.
Commissioner Teele: Mr. Chairman, you've asked the question. Let's get it on the record.
Chairman Plummer: Yeah.
Commissioner Teele: You've been operating, approximately, what percentage of your calls require police?
Mr. Rafael Andrade: So far, in the City of Miami, none.
Commissioner Teele: Out of how many, two?
Mr. Andrade: About -- all right. Ten percent required police calls.
Commissioner Teele: Out of how many? What's the base? Are we talking about a hundred, a thousand?
Mr. Andrade: If we were to do, roughly, fitly...
Chairman Plummer: Excuse -- wait. Whoa, whoa, whoa. Sir?
Mr. Andrade: Yes.
Chairman Plummer: Your name and mailing address cn the record, please.
153 September 21, 1999
Mr. Andrade: Rafael Andrade, 420 Lincoln Road, Miami Beach, Florida, 33139.
Chairman Plummer. Thank you.
Commissioner Teele: Not based upon what you project, but based upon your experience.
Mr. Andrade: Experience? If we -- basically, it's one out of 10, that the person comes back...
Commissioner Teele: About how many boots have you all done already in the City?
Mr. Andrade: In a year and a half --1 would probably say about 500 in a year and a half.
Commissioner Teele: So, out of 500, you would be saying that you've had about 50...
Chairman Plummer: Fifty calls for police.
Commissioner Teele: Fifty calls for police?
Mr. Andrade: If that many.
Commissioner Teele: If that many. OK. Thais all -- I just wanted to make sure that we...
Chairman Plummer: is it worth consideration that we get our administrative fee for fifteen dollars ($15) and
if the police are called out, an additional charge?
Major Longueira: Commissioner?
Chairman Plummer: You know, I'm just-- you know...
Commissioner Teele: J.L.?
Chairman Plummer: We've got better things...
Commissioner Teele: J.L., the one thing about an administrative fee are-- is, you can review this based
upon the history. So, you can go with the first year, but 1 just hope everybody's focusing on this on the
Building Department and on some of these other areas, like the Clerk-- like the Clerk lobbying fee. You
know, a fee is the cost to administer the service. A tax is simething altogether different. And I think we
need to be very careful that we're not creating taxes around here and we're creating fees. And while we're
focused on this on the boot, let's focus on this on the Clerk's Office and on Building and Zoning and on all
these fees, Mr. Attorney. Because, you know, if I'm going to get the lecture, then, everybody gets the
lecture. Because I can tell you right now, based upon the reorganization that the Manager has put on the
table, you're going to have to cut the Building and Zoning fees or the Building fees right in half, OK?
Chairman Plummer: My concern, I just think the policemen have much more important work to do than to
go out and worry about somebody's booting. But whatever you're...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: What is the will of the Commission?
154 September 21, 1999
Vice Chairman Gott: Mr. Chairman, let me ask...
Commissioner Teele: Mr. Chairman, the will -- I would offer something closer to what Commissioner Gort
has recommended. We have, on the record, that the company needs between forty five and fifty dollars
($50) to break even or to operate a reasonable business. You're getting all of the 65 with the City --with the
County, right?
Mr. Andrade: 'That's correct.
Commissioner Teele: OK. So, obviously, you'd like to be at 65 and something. Commissioner Gort has
recommended thirty-five dollars ($35), at one point, and I would like to know where Commissioner Gort is
because I want to support. Because the real issue here is, I think we can justify whatever number it is within
a reasonable amount of 10, 15, 20, 25, thirty dollars ($30).
Vice Chairman Gort: At that time, I judged the price concern on the price that was given, these people
would be able to charge. My understanding, they're not going to be able to charge that much. I would say
seventy-five dollars ($75), fifteen for the City and sixty for them.
Commissioner Teele: I would second the motion.
Chairman Plummer: OK.
Vice Chairman Gort: Let me tell you the reason, in discussing the motion.
Chairman Plummer: I'm sorry?
Vice Chairman Gort: In discussing the motion.
Chairman Plummer: Yes.
Vice Chairman Gort: Your argument is before, I think the staff recommended 35. If you do boothg at 35,
the City's not going to get anything and you're still going to get the same complaints. Might as well get
some benefit out of it. That's why I moved this motion.
Chairman Plummer: No, there would be no boots.
Vice Chairman Gort: Well, then, say, you don't want any boots.
Chairman Plummer: Chief, would you like to make a comment?
Chief William O'Brien: The 60/15 is fine. As far as the administrative cost of 15, we feel that that, on the
average, will offset the 10 percent of police response calls.
Chairman Plummer: Would you reduce my administrative fee on funeral escorts to 15?
Commissioner Teele: No.
Vice Chairman Gort: You guys have...
155 September 21, 1999
Chairman Plummer: Why not?
Commissioner Teele: Commissioner, I hope youre joking because, you know, that's the kind of stuff that
you'll read about. I mean, I'm being honest with you, you know.
Chairman Plummer: Yeah. I hear you. 1 hear you. All right. Now, we had two last speakers. You two flip
a coin? I'm sorry. There's a third person who wished to be heard but he didn't say lie wanted to be last.
Ms. Lichtman: My name is Lauraine Lichtman and I'm the owner of Midtown Towing, 551 Northwest 72nd
Street. I was in my office today getting a million phone calls. First, I have a few questions. What kind of
insurance do the booters? Do they have to have insurance so, if somebody gets hurt, the City would be
liable, then, if it did happen? Number 2, I have to pay 55 to 75,000, four hundred thousand dollars
($400,000.00) for tow trucks. I also went to a meeting about surcharge for the City on my storage, which,
on police impound, the reason the cars are on my property is because the police haven't towed there; which I
had a lady come yesterday to make sure how we were doing it and I asked her, would she like to see my
tickets or would she like to see the list? And she was very impressed. Now, do the booters-- at the last
meeting I was at, they didn't have no surcharge. I mean, I'm a police contracting. I have the pay
administrative fee, twenty dollars ($20); I have to pay for private property if I do 15, which I'm not into that
too much, and now I have to put a surcharge on to the consumer. If you are going to do this, I was the one
that came up with the idea about the ten thousand dollars ($10,000) so the City will get their money from
towing companies on their administrative fee. If there's any kickback given to anybody so they can have
booters there, there should be a fine imposed, just like it is in the owing industry. That should be an
amendment, to have a fine imposed if they're getting a kickback to the booters in order to boot there.
Commissioner Teele: I don't think you ought to use that word like that.
Ms. Lichtman: I'm from the street. I don't have the education, Mr. Teele, you know.
Commissioner Teele: Well, you know, but you're great and you're a wonderful person, but the word
kickback, in this connotation...
Ms. Lichtman: I don't mean it that way.
Commissioner Teele: Yeah.
Ms. Lichtman: I mean, help out, you know.
Chairman Plummer: Administrative fee.
Ms. Lichtman: I'm just me. Administrative. I'm not talking about the City.
Commissioner Teele: I know.
Ms. Lichtman: I'm talking about the property owner.
Commissioner Teele: Yes, ma'am.
Ms. Lichtman: I guess the City don't do those things.
Commissioner Teele: But you don't mean that somebody...
156 September 21, 1999
Ms. Lichtman I don't -- you know I don't mean that.
Commissioner Teele: Well, I...
Commissioner Regalado: You mean rebate, right?
Commissioner Teele: Rebate or something.
Ms. Lichtman: Rebate, rebate, rebate. OK?
Chairman Plummer: Excuse me. Referral fee.
Ms. Lichtman: Thank you.
Vice Chairman Gott: Laurie, let me ask you a question. You have to understand two things. One, this is
only for the private property. Number two, my understanding is, you can also go into the booting business
for the private property. I mean, are the tow companies-- they can do the booting also, right?
Ms. Lichtman: Just booting...
Major Longueira: As long as they meet the requirements of the ordinance and get the proper licensing and
everything else.
Chairman Plummer: There's no exclusivity.
Ms. I.ictttman: Yeah, I know about midtown -- the midtown booting started up in New York and midtown
towing down here, and there was a lot of problems with it. I just want to make sure that they have the same
responsibilities that I have to pay when I have to pay fifty thousand dollars ($50,000) for a truck or a
hundred thousand to remove a car. On the other hand, you have to have -- is somebody going to be there 24
hours a day to release the boot off the car? Because...
Major Longueira: They have to respond within 30 minutes, Commissioners.
Chairman Plummer: And if they don't?
Major Longueira: They're in violation.
Chairman Plummer: And then?
Major Longueira: We'll have to go after them or there's...
Mr. Alejandro Vilarello (City Attorney): Licenses can be revoked.
Chairman Plummer: Are we issuing a license?
Mr. Vilarello: This will have a license.
Chairman Plummer: Did that answer your question?
157 September 21, 1999
. N
Mr. Vilarello: If I can address...
Major Longueira: You might not like it, but I thinkit answers the question.
Mr. Vilarello: Commissioner, a couple of the issues that she raised, insurance, the ordinance does require
them to maintain insurance up to twenty thousand dollars ($20,000) for each incident involving a vehicle.
The issue that she discussed about rebates. Rebates are specifically addressed and are prohibited in the
ordinance. The surcharge would not be applicable to booting. Although, it would be applicable if the
vehicle is booted in a parking lot that is accessible to the public and there is a charge assessed. The increase
to the charge, the surcharge would be applied to whatever that parking fees is.
Ms. Lichtman: So, the surcharge would be -- not up to the booting?
Mr. Vilarello: I think -- we had a conversation about this before. It has nothing to do with the booting. 1f a
car continues to be parked in a parking facility, the surcharge is applied to the owner of the vehicle that is
parking in that facility.
Ms. Lichtman: What about if the owner of the vehicle is somebody that rents and doesn't know when the
booter goes there, he collects his money and they have no knowledge of it? How are you going to keep
control of that?
Mr. Vilarello: I didn't understand the question.
Ms. Lichtman: How are you going to keep control of that part of the business of the surcharge, if the
booting company doesn't have to pay?
Mr. Vilarello: The owner...
Ms. Lichtman: Because they are having permission to use that lot to boot.
Mr. Vilarello: The operator of the facility is the one responsible to deal with the surcharge, and the owner of
the vehicle that uses the facility is the one responsible for the surcharge fee itself.
Ms. Lichtman: OK. So, that means I can raise my private property towing rates b seventy-five dollars
($75)?
Mr. Vilarello: The ordinance will provide that the maximum rate will be sixty dollars ($60) and a fifteen
dollar ($15) administrative fee, for a total not to exceed seventyfive dollars ($75).
Ms. Lichtman: OK. But for the tow truck company it's fifty dollars ($50) and fifteen dollars ($15).
Mr. Vilarello: For a Class A wrecker, it's fifty dollars ($50) is the maximum rate to the tow truck company.
Chairman Plummer: And let me ask this. The companies that arethe holders of the licenses do have to have
a written agreement with the property owner; is that correct?
Mr. Vilarello: Yes. And they'll be -- and the ordinance further requires signage similar to notice of the
towing com -- if you leave your vehicle here, it'll be towed, the name of the company, a phone number
where you can reach that company, so they can respond within 30 minutes.
158 September 21, 1999
Chairman Plummer: So, if the car is booted and it's there for a week or 10 days, it's still just the one charge?
Mr. Vilarello: For the booting, yes.
Ms. Lichtman: And they will notify the City of Miami about their releases orvscene, too, I suppose?
Mr. Vilarello: The Police Department has just asked me to include-- and if this Commission considers it --
a requirement that they notify the Police Department each time they place a booting device or an
immobilization device on a vehicle.
Commissioner Regalado: Let me ask something.
Major Longueira: We'd like within 30 minutes.
Commissioner Regalado: Whether -- when we are in an apartment building and someone comes and take
my parking, what I want is my parking, right?
Major Longueira: Right.
Commissioner Regalado: So, you just...
Major Longueira: You can tow it.
Commissioner Regalado: I'm sorry?
Major Longueira: You have the option to tow it. But let's say they're parked in a visitor parking spot and
they're not visiting. They're across the street. They live in another apartment building. Well, you don't really
need this spot because nobody really parks there, let's say, so you boot it. You have the option of towing or
booting, So, if they're in your spot and you need your spot, I'd tow it. But if it's in another spot and you
don't need it, boot it.
Mr. Vilarello: Commissioner, the notice to the public will read "Immobilization Towaway Zone." So, the
private property owner has the option of either immobilizing the vehicle by using the booting device or
having it towed.
Ms. Lichtman: Excuse me. I'm sorry, Major. On the towing, we are not allowed -- like what you just gave,
if somebody was parked in your apartment building and they were in your spot, tow it or boot it. If you
called me up and asked me that somebody was in your parking space, to tow the car, I would refuse.
Because there's a state law that says, I can only tow the car by the owner of the property, which we have to
have on record. You couldn't call me, personally, or a tenant because anybody could call. It has to be the
owner of the property or who he authorizes to own it. So, I couldn't tow it. I would have to tell you, I'm
sorry, sir. I can't. You'll have to get somebody that can sign for the ticket in order to tow it.
Major Longueira: Right, it's not the individual. it's the person --it's either the condominium organization or
whoever has the contract with the towing company makes the decision to tow or boot.
Chairman Plummer: OK. Next speaker,
Mr. Jeffrey Saragosey: Thank you very much, I'd like to step back for a second here. My name is Jeffrey
159 September 21, 1999
Saragosey. I'm an activist in Miami Beach and I've done a lot of research regarding...
Chairman Plummer: And your mailing address, sir.
Mr. Saragosey: I'm sorry. Sixteen seventy-four Bay Road, 33139. One of the things that -- I had a lot to
discuss here. OK. First of all, the booting and -- excuse me. The towing ordinance, originally, was based
on trespassing on private property. The way that booting takes place is that the vehicle is not being ejected
and it doesn't conform to the laws of trespassing. One of the things that was brought up at the County
Commission meeting by the lobbyists for FPE was, lie kept using the word "trespassing." Common law,
ejection of trespassers questions the' legal authority of the booters because the vehicle is not being ejected.
Therefore, the booters have no legal right to possess it. As far as the private property owner's legal
recourse, he can sue for punitive damages, if he feels harm has been done him. I also had spoken to some --
a couple of DA's (District Attorneys) in some other municipalities, when I did my research, and they think
that the vehicles being high -jacked and it's very similar to that of-- like joy riding of the auto theft laws.
Because the people do not, once again, have the right to possess it. Plus, they're denying the owner of the
vehicle the right to take possession of his property. I have a number of police reports with me. I have
complaints. I have letters that were written from the Parking Director of the City of Miami Beach, who
oversees the booting, and a number of complaints, as I said. Basically, what's happened here is these people
have come in and they're not operating in ethical -- in an ethical manner. They came from New York. I got
a lot of information from the Department of Consumer Affairs and the City Council from New York City
and, basically, the reason why they're not doing business there is because they couldn't do predatory
practices; they couldn't sexually harass people; they couldnt assault people, and I have...
Chairman Plummer: Whoa, whoa, whoa. Sir, sir, please. If you have documented proof of what you're
saying...
Mr. Saragosey: Yes, I do.
Chairman Plummer: ...then, you take it to the proper authorities, which I d)n't think is here. When you say
without any response or rebuttal of harassment and things of that nature, I would ask you, please, to speak to
the ordinance.
Mr. Saragosey: OK. Well, my basic concern is that, it's not conforming to the trespassing hws, which it's
supposed to. That's how the towing ordinance is put together and that's how the booting ordinance. Ample
notice must be given. And a lot of the cities that Mr. Cochran spoke about on private property, the vehicles
had been on premise for 56 to 72 hours before the boot was put on the vehicle, not any time before that.
This is not a situation where somebody's going to just come in and say, "hey, I left my bicycle on the
property. Give me twenty-five dollars ($25) and I'll let you have it back." That's not how this is working
and that seems to be the way that it is working. Well, I was just asked that I think that the item should be
deferred, when there are more people here from the towing industry, who are able to comment on it. But
I've done a fair amount of research. Forget about the police report, complaints and things like that. I'm
talking about the documentation, finding out what's going on in other states. Private property. You must
have ample notice. And, like I said, the private property owner does have recourse. He can sue for punitive
damage if he feels harm has been done him.
Chairman Plummer: Sir, do you represent anybody?
Vice Chairman Gort: Let me ask you a question. What you're saying is --because I was towed away twice,
in my own building. My daughter came in and parked in a place where they had a little sign that says-- and
she came up 10 minutes. When I came down, one of the tow trucks took the car within less than 10 minutes.
160 September 21, 1999
Mr. Saragosey: If an agent gave him -- if there was a tow -- an agent that took the car, then, they had
permission.
Vice Chairman Gort: OK. But what's the difference...
Mr. Saragosey: I'm not in the towing industry.
Vice Chairman Gort: But what's the difference between towing it away or putting a boot on it?
Mr. Saragosey: The vehicle is being ejected. The property does not belong there. They're trespassing. That
doesn't mean it should stay there.
Vice Chairman Gort: But the only reason they're doing it is to fine the person, so they would not do it again.
Mr. Saragosey: What happens is, there's an authorized agent of the property manager.
Chairman Plummer: OK. We need to bring this thing to a close. Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Well, I can smell that there is a new industry in the City of Miami.
Chairman Plummer: I told you.
Mr. Gonzalez-Goenaga: The booting industry is coming in, and who is going to pay for it? The citizens --
the poor citizens of Miami. I do not -- I -- frankly, my biggest concern is, that this is done on an emergency
basis. They should -- even though very few people come here to speak...
Chairman Plummer: Mr. Boom -Boom.
Mr. Gonzalez-Goenaga: No. Let me finish.
Chairman Plummer: Let me try to help you. All right. This is the third time it's been on the agenda, and the
reason for the emergency is, that if we don't do something prior to October the I st, then, the County prevails
and the City has no right to set any rates or regulations. That's the reason for the emergency. This is the
third time it's been on an agenda.
Mr. Gonzalez-Goenaga: Yeah. But, then, if that is the case, it will be locally for Miami, not for all of Dade
County. And, then, the County can use other figures and increase the price or...
Chairman Plummer: But not in the City.
Mr. Gonzalez-Goenaga: But not in the city. In other words, you want to get a piece of the action, right?
Chairman Plummer: As we do...
Mr. Gonzalez-Goenaga: That's the bottom line.
Chairman Plummer: If you're saying that we're entitled to an administrative fee, the answer is yes.
Mr. Gonzalez-Goenaga: So, there would not be -- what about warnings? Because I don't own any property
161 September 21, 1999
W
here, you see? And, normally -- and, remember, I am an expert in towing because my car has been towed
away many times from -- that's another industry here. So, basically, I'm governed by the police, indirectly.
So, let me tell you. Provided -- I don't care what you do. Provided they don't practice on me. Thank you.
Chairman Plummer: You only have one problem. If they boot your car, it's not worth seventyfive dollars
($75) to get the boot off. That's the problem.
Mr. Gonzalez-Goenaga: That's what 1 was going to use in the next -- for how much did you sell your car,
Mr. Plummer.
Chairman Plummer: Enough.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: You know, members of the towing industry should have the rightto come and
express their opinion.
Commissioner Regalado: You're going to lose.
Commissioner Regalado: Do we have a meeting-- no, no. Do we have a meeting next Tuesday.
Chairman Plummer: All right, sir.
Commissioner Regalado: OK.
Chairman Plummer: Are you deferring it until the 28th?
Commissioner Regalado: I would like to defer this until the 28th.
Chairman Plummer: Motion moved to defer, after one hour. Move to defer. OK. Is there a second?
Commissioner Teele: Second.
Chairman Plummer: Seconded by Commissioner Teele. All in favor say "aye." There's three votes in favor
of the deferral.
Commissioner Sanchez: One nay.
Chairman Plummer: No, there's two nays.
Commissioner Sanchez: Two nays.
Chairman Plummer: Three to two. It's deferred.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
162 September 21, 1999
Commissioner Teele: The deferral would be for what purpose?
Chairman Plummer: As to -- Commissioner Regalado, would you give him the reason for your purpose of
deferring.
Commissioner Regalado: There was only a member of the towing industry and, apparently, they were not
aware that this issue was going to be addressed.
Commissioner Teele: Oh, I'll withdraw my second. Mr. Chairman, you know, this is not -- Mr. Chairman,
with all due respect.
Chairman Plummer: You have the floor, sir.
Commissioner Teele: This item must pass or not be acted upon by October-- by September 30th. This is
not about the towing industry. This is about revenues for the City, and I think it's high time-- you know, in
light of the issue that we've got to deal with, which is revenues for the City-- that we stop deferring items
that clearly are just something that people object to. I love the towingindustry. I think the world of certain
members of the industry. I count them as personal friends. But the fact of the matter is, is that all we're
talking about doing is providing the owner of property, private property, with an option of whether to taw
cars or to boot cars and if they tow cars, the City is going to get back administrative fees of ten dollars ($10).
If they boot cars, the City is going to get back an administrative fee of fifteen dollars ($15). So, I'm
withdrawing my second, and I'm going to oppose that, with all due respect to my dear colleague,
Commissioner Regalado, and I would ask, if anyone else wants to second it, they can second it. We can
debate the deferral motion.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: But there's a motion on the floor already.
Commissioner Sanchez: Call the question.
Commissioner Teele: What's the motion?
Chairman Plummer: What is the-- Mr. Clerk, what is the question on the floor? What is the motion on the
floor.
Mr. Walter Foeman (City Clerk): To defer this issue until next...
Commissioner Sanchez: No, sir, it is not.
Commissioner Teele: Who moved it and who seconded it?
Mr. Foeman: Commissioner Regalado moved it...
Commissioner Teele: And who seconded it?
Mr. Foeman: And Commissioner Teele just withdrew his second.
Commissioner Sanchez: And he withdrew it.
Mr. Foeman: So, it's...
163 September 21, 1999
Commissioner Teele: There's no second.
Commissioner Regalado: There's no second.
Chairman Plummer: But there was a roll call,
Mr. Foeman: OK. He asked what the motion was.
Vice Chairman Gort: There was a motion before, a motion that I made before.
Commissioner Sanchez: There was...
Commissioner Teele: There was a motion before that. So, what's the motion -- the main motion that now
reoccurs?
Commissioner Sanchez: Seventy-five/sixty...
Mr. Foeman: Seventy-five/15 -- I mean, 60/15 was on the floor.
Chairman Plummer: All right. So, then, Commissioner Regalado, are you withdrawing your motion?
Commissioner Regalado: Yes, sir.
Commissioner Sanchez: Call the question.
Chairman Plummer: All right. Now, the motion on the floor is, a total of booting cost of seventyfive
dollars ($75), of which 15 in each boot goes to the City of Miami.
Vice Chairman Gort: It would have to be in compliance with all the regulations set up by the department.
Chairman Plummer: And all of the compliance of the regulations. Let me ask just one question.
Commissioner Teele: And, further, that a public notice be put in the newspaper as to what this resolution
does and is and the effective date. Publication.
Chairman Plummer: Is the car, at all, able to move with the boot?
Mr. Saragosey: No.
Chairman Plummer: None at all? OK. Fine. Call the roll.
Mr. Vilarello: On the ordinance? It's an ordinance.
Chairman Plummer: I'm sorry. It's an ordinance.
Mr. Vilarello: The ordinance will -- the title does not change. The ordinance will add a requirement that,
within 30 minutes of the application of the booting device, that a phone call be made to the appropriate
police authorities. The maximum rate will be sixty dollars ($60) and a fifteendollar ($15) administrative
fine. And just to correct the record, there was a mention that on towing, the administrative fee is ten dollars
164 September 21, 1999
($10) and, in fact, it is fifteen dollars ($I5).
Chairman Plummer: Wait a minute. Don't they also have to have someone to come and take the boot off
within 30 minutes? Didn't I hear that?
Mr. Vilarello: That's already in the ordinance. That's already in the ordinance.
Chairman Plummer: OK. All right. Read the ordinance.
It is an emergency item, which will require four votes positive. Call the roll.
Commissioner Teele: Could this be done by resolution?
Mr. Vilarello: No. This is an ordinance.
Chairman Plummer: It's done by ordinance, according to the...
Commissioner Teele: I'm asking, can it be done by resolution?
Mr. Vilarello: No, sir.
Mr. Foeman: Second roll call.
Chairman Plummer: No, there's no second roll call. It failed.
Mr. Foeman: Oh, I'm sorry. It's four/fifths. It fails three/two.
165 September 21, 1999
The following motion was introduced by Vice Chairman Gort, who moved its adoption. Upon being
seconded by Commissioner, the motion failed by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
ABSENT: None.
Chairman Plummer: Now, make a motion to defer and I'll second it. Can I --I can't second a motion, can I?
Yes or no?
Mr. Vilarello: No, you can't make a motion or second.
Chairman Plummer: OK. Well, if-- then, nobody wants to make a motion, then the item's dead.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would move to defer the item, and I would also ask that the-- I would move to defer
the item to the next Commission meeting, which is Tuesday, the 28th.
Chairman Plummer: Correct, sir. Is there a second?
Commissioner Regalado: Second.
Chairman Plummer: Is there any further discussion? OK. And the purpose of the deferral, as I understood
it, was to so notify all parties, wrecker companies or ever-- who else would be involved, OK? All in favor
of the deferral say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Is there any opposition? Hearing none, it's a unanimous ballot. Thark you
166 September 21, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-681
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 10.
(PROPOSED AMENDMENT TO CHAPTER 42/ARTICLE IV OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TOWING
OF MOTOR VEHICLES"; TO PROVIDE DEFINITIONS AND ESTABLISH
REGULATIONS, PROCEDURES AND PENALTIES FOR IMMOBILIZATION
OF VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION
OR AUTHORITY) UNTIL THE UPCOMING MEETING, WHICH IS
SCHEDULED FOR SEPTEMBER 28, 1999; FURTHER DIRECTING THE
ADMINISTRATION THAT, DURING THE INTERIM, TO NOTIFY ALL OF
THE AFFECTED PARTIES IN CONNECTION WITH SAME.
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.
Vice Chairman Gort: Wait a minute. Before they walk away, I have a question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding, Major, an RFP is being drawn for the towing companies?
Major Longueira: Yes. We're working on that.
Vice Chairman Gort: And we get to see it before it will go out?
Major Longueira: Yes. I believe it's next week?
Vice Chairman Gort: OK. Thank you.
Major Longueira: It's on next week's agenda.
Vice Chairman Gort: OK. Thank you.
Chairman Plummer: Thank you, sir.
Commissioner Teele: On the agenda for the 28th?
167 September 21, 1999
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1
Chairman Plummer: Yes, sir.
Mr. Martinez: For the 28th.
Chairman Plummer: The 28th.
Major Longueira: The 28th, yes. Right.
Chairman Plummer: OK.
Commissioner Teele: You know...
Chairman Plummer: Is there...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: We have an item set for 5:00.
Chairman Plummer: Five zero five.
Commissioner Teele: Five zero five. But I would like to ask Commissioner Sanchez and his permission if
-- and if the City Attorney would help me -- there are a number of issues associated with an ordinance,
which is coming up in the next Commission meeting, relating to the trash haulers. I would like to ask your
permission, Commissioner Sanchez, if, as a part of the workshop on Saturday, if we could have a discussion
on the -- what's the word, Mr. Attorney? Recoverable materials. Something that used to be called
recyclable.
Mr. Alejandro Vilarello (City Attorney): Recyclables,
Commissioner Teele: But recoverable materials, under state law. And, Commissioner Sanchez, 1 realize
that you've had a number of discussions with the industry. I realize those discussions have not gone, lets
just say, always smooth, but I think there are some over -arching financial issues that we need to take under
consideration. There are a number of companies that are claiming to be-- what's the word?
Commissioner Sanchez: Not happy?
Commissioner Teele: No.
Chairman Plummer: Recyclers?
Commissioner Teele: It's not recycle. It's recoverable companies under the state law that, quite frankly, are
not, and I think the industry recognizes that, to some extent. Our intent has never been to place the franchise
168 September 21, 1999
fee on the recoverable companies. And I would like to ask the management to consider, in the ordinance
that is being proposed, an amendment that would clearly exempt the recyclables or the recoverables from the
ordinance on the 20 percent fee. However, I think it's very, very important that those companies that say
they are recoverable that are not, are penalized severely, severely so that we don't lose that revenue stream or
that waste stream going out the door. And, so, what I would like to do -- I know there are a number of
people here from the industry. I would like to ask that we have a discussion on this, as a Commission
workshop item, lead by Commissioner Sanchez, on Saturday morning, so that we could understand what the
financial implications are.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Teele, I only have one caveat. I have to be out of here on Saturday by 1:00
Commissioner Teele: Well -- I mean, I think we could limit it 45 minutes. I don't know...
Chairman Plummer: OK.
Commissioner Teele: I don't know what Commissioner Sanchez' goal is or intent is regarding this issue, but
I would rather try to separate this issue out before we get into the ordinance on the budget hearing night-- on
the budget hearing day, so that we have a smooth day going into that five o'clock meeting.
Chairman Plummer: Sir, as long as you can assure me -- my youngest child is going to get married and she's
having her engagement party that afternoon. So, as long as I can be out of here by 1:00...
Vice Chairman Gort: You don't like parties.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: What do you mean, I don't like parties?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Not that I've got to pay for, I don't.
Commissioner Teele: Commissioners, I really would like to hear from Commissoner Sanchez, but before
he does, I would like for the people that are affected by the recyclables to just come to the podium, that are
here. Because what I'm trying to do is move this issue off of the discussion for today and try to get it on
Saturday, because we're going to have to take it up with them on-- when the basic...
Chairman Plummer: All right, sir. I have no objection. I want you to understand that.
Commissioner Teele: But I want Commissioner Sanchez to be comfortable with this.
Chairman Plummer: All right. Is there any -- are we pretty much, except for the blue copies, finished with
the regular agenda?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: We have some blue copies only. Is there anything-- Mr. Martinez, anything left
169 September 21, 1999
Mr. Martinez: Other than item 53, which we're discussing...
Chairman Plummer: Yeah, I understand. But, now, we're starting to get...
Commissioner Teele: Fifth, -three, fifty-four and fifty-five.
Chairman Plummer: That's the fire fee, which we take at 5:05. OK. So, I just want to make sure we're
creeping into this gradually here, that we're not excluding any -- is there anybody else in here wlio's on
another item?
Mr. Vilarello: I believe the marina issue is-- they're ready to come forward.
Chairman Plummer: Your item is on the blue copy. OK. The boats are still up and...
Mr. Vilarello: And they're ready to come forward, if you would like.
Chairman Plummer: George Knox is not here.
Unidentified Speaker: We'll have to go without George.
Chairman Plummer: All right. We'll get you, then...
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Commissioner Teele, would you like to hear from the individuals being affected or
would you like me to...
Commissioner Teele: I'd like to hear from you. Because what I'd like to do is not hear from them today but
to agree that we'll take this up as a first item, on a workshop basis, with no action being taken,so that we
can, at least, get all of the issues on the table as it relates to the overall Solid Waste issues. Because I really
think that it's probably the most important financial issue. I'm looking for options to get away from the fire
fee, and I want to put it on the table that, what I'm going to be looking at, at least to provide this Commission
with other options, is making some adjustments on the Solid Waste fee. But either-- one of the two ways,
we've got to do deal with this thing, and I think the worst way to do deal with it is through the ad -valorem
taxes. So, Commissioner Sanchez, I really want to hear from you.
Commissioner Sanchez: Thank you. Mr. Chairman, my colleagues, let me just say that we have spent a lot
of time. We have spent a lot of meetings trying to come with recommendations that were put forward by 19
out of the 20 companies. We have put forward a guideline; we have created a progress and a process, and
we've made significant progress through these meetings. Saturdays and Sundays is for my family, for my
wife, my kids, and I will not be here on a Saturday and Sunday. I assure you that much. I put too much of a
burden on my family to serve this community, to take Saturday and Sunday off away from them. So, I will
not be here. Let me just elaborate for the record...
Commissioner Teele: For the budget meeting, the budget workshop?
Commissioner Sanchez: On Saturday and Sunday? I will not be here.
170 September 21, 1999
Chairman Plummer: It's a workshop.
Commissioner Sanchez: I don't care what it is. I'm not going to be here Saturday and Sunday.
Chairman Plummer: No. It doesn't require a quorum, is what I'm trying to say.
Commissioner Sanchez: OK. But let me just finish on this. Because, let me tell you, this was stiff
recommended, OK? This had recommendation from the staff; we followed guidelines; we have gone
through months and months of extensive negotiation with 19 out of 20 companies that have come together to
come to an agreement with this City, and they have come up with an agreement that was voted on and now,
to throw us off guard is just going to put a spin on this. And it goes, once again, that every time that there's a
tough issue on this Commission, we can't make a decision on it. I'm always ready to vcte, whether I'm right
or wrong. I try to be right but, you know what, you have to vote. This has gone through five workshops,
Mr. Teele. Five workshops. We have sat down with parties from the other side. We have tried to come to a
reasonable agreement. They have not agreed. So, now, for us to put a stop to this and continue to meet-- I
mean, we had our legal attorneys here, representing the City's best interest. They made recommendations.
So did the other party that had their legal attorney there. To say that we're going to go back to the progress
of starting another workshop -- you know, Raul Martinez has put hours. We've had Patterson; we've had 19
out of the 20 businesses -- and they've been there many times. I mean, we have put so much time into this.
We've met almost once a week for two, three hours, and all the progress that we've made, now we're just
going to throw out the window and say that were going to meet here on a Saturday? I won't be here this
Saturday.
Commissioner Teele: All right. Well,1 withdraw the request. Let me just say this. You can meet with 20
people, but if you have 10 other people that are not a part of that industry, you know-- and the fact of the
matter is, it is a factual and legal question as to whether or not the recycling industry-- I'm talking about the
recoverable industry, the urban forest industry-- is a part of the Solid Waste industry. And I think you can
flip a coin, Mr. Attorney. I think there is as much legal authority that would suggest hat they're not a part of
the industry, as there is that would suggest that there is. At least, it's a good, legal question. Is that a fair
statement?
Mr. Vilarello: I'll acknowledge...
Commissioner Sanchez: No. Wait, wait, wait, wait. May I-- do you -- or do you want him to answer?
Commissioner Teele: No, I'll always yield to you.
Commissioner Sanchez: Can you yield for me, please?
Commissioner Teele: Yeah. I'll always yield to you.
Commissioner Sanchez: There has never been a time that we have not met, that there has been legal
representation from both sides. Never. Never. Just one party does not agree with the other, and it's OK
with that. And if it needs to be decided in court, so be it.
Commissioner Teele: Yeah, but I think, Joe -- I mean, you know, the thing that you have going is that -- we
all have common sense, practical approaches. We don't need to -- if things go to court, they go to court.
Every lawyer is happy when somebody says, "I'll go to court." I mean, that's the best way to make a lawyer
happy. But the fact of the matter is, is that we're talking about the fringes -- and this is probably three
percent of the industry. Let's don't get -- lose sight that 97 percent -- 95 percent, somewhere in there, is
171 September 21, 1999
Solid Waste. The issue here is whether, or not the recoverable is Solid Waste or it's some other-- it's covered
by state law? And my position is very clear. This Commission should encourage pro -environmental
actions. I did that on the County. I'm going do it here. If I lose, I lose. But the fact of the matter is, people
that are engaged in environmental, positive actions in the industry should be encouraged and should be
exempted, wherever possible. And those people who are cloaking and saying that they are and, in fact,
they're in a whole nother business, should be penalized. And that's sort of where I come down on it. And
we can discuss it on Wednesday, when the ordinance comes up. And I will file...
Chairman Plummer: Tuesday.
Commissioner Teele: Tuesday. I'm sorry. When the ordinance comes up and I will file a memorandum to
you and to the Commission and the public, that I strongly support exempting the recoverable industry from
the ordinance and, therefore, they shouldn't be in that meeting if that passes. We're talking about three
percent. I also strongly support penalizing with treble damages anybody that says they're in the industry
that's not in the industry. Because what they would be trying to do is, literally, avoid paling the franchise
fee.
Commissioner Sanchez: Could you yield?
Commissioner Teele: Yeah, I'll be happy to. If you're not going to have the workshop, there's really nothing
to talk about, other than that, I think we ought to try to set this item Sr Tuesday morning early enough, as
the first item, so that we don't get ourselves beat up and beat out and worn out because it is a big issue. Any
time you talk about garbage, you know, people are going to come out and have a lot to say, and all of the
fine garbage people hear today are testimony to the fact that it brings out a lot of Guccis.
Chairman Plummer: Tuesday morning at 7 am?
Commissioner Sanchez: No. Wait a minute. I'm not finished.
Chairman Plummer: Well, I'm just-- OK. Mr. Sanchez.
Commissioner Sanchez: Commissioner Teele, we just named you to go into MSEA (Miami Sports and
Exhibition Authority) and report back to us on a one-man committee because, you know, I feel that you have
the experience, as an attorney, you sure have great experience, not only on a local, county but on a state
level, to go into -- you're going to have the assistance of our legal department, that you're going to depend
on, to come back and report to us, and I have full trust in you that you're going to come back and report
what's accurate, and I will pick up the ball and run with it because I have faith in you, that you're going to do
what's right for this City. My colleagues have asked me to do that, with their franchising, with this
committee that we put together. And I am the chairman of this committee. I have consulted with our legal
department. I've looked at every ramification and I've done all the research that we have. What I come back
to you and report is that the Legal Department tells mewe could win this.
Commissioner Teele: But do you really want to tax? If the environ-- I mean, do you really want to put a
franchise fee on the environmental industry?
Commissioner Sanchez: Well, let me just ask you something. I'm going on whatthe Legal Department's
telling me and if they're telling me that they --if you -- if we go with what you want, to remove them, then, I
might as well just quit this committee because we're going to have to throw away two months...
Commissioner Teele: No. But we're talking about two percent
172 September 21, 1999
e
Commissioner Sanchez: Two million dollars ($2,000,000). It ain't worth it anymore, then, Art. It ain't
worth it. If we're going to bring revenue into this city and we're going to not allow them, I'd rather tike it to
court and take my chances in court because, then, we're not going to have -- we're only going to generate
half of it. If we let them -- and, then, we're going to penalize the other individuals.
Commissioner Teele: Let's get into -- I need to understand what the revenue implementations are from the
management. And I think one of the things that I want to talk about on Saturday, in the budget hearing, is I
really want to understand the Solid Waste Department and where the costs are? Because I hear
Commissioner Plummer talking about street sweeping and this, and I'm going to try to work with
Commissioner Sanchez on what he's saying. But I want to make sure that the facts are something that we all
agree on, you know. And once the facts are out there, then, it's a whole nother issue.
Chairman Plummer: All right. What's the next thing?
Mr. Martinez: Commissioner, if I may? Back in May of'98, or July of'98, the Law Department came out
with an opinion, saying that recyclables or recoverable, the new name that they call it now, were subject to
the franchise fee. We proceeded, by this Commission's instructions back in July 27, we put out an RFQ for
a non-exclusive franchise agreement. We've had numerous meetings through the committee and, at one
point, some of the members of-- that do strictly recycling, came out to those committee meetings.
Commissioner Teele: Chief Martinez, I don't want to debate it because I think, it's just-- were not going to
make any decision on it. The only question that I really need the answer is, on the re...
Mr. Martinez: The three percent that you stated, sir? Sir...
Commissioner Teele: I'm not talking about recycling now.
Mr. Martinez: OK.
Commissioner Teele: I'm talking now about the narrow industry of the re...
Mr. Martinez: The recoverables.
Commissioner Teele: The recovered -- the recoverable materials. What is the size of that industry in Dade
-- in the City of Miami?
Chairman Plummer: What is the ditTerence?
Commissioner Teele: It's a big difference, J.L.
Chairman Plummer: Well, I'm asking. I don't know. So, that's why I'm asking the question, what is the
difference?
Commissioner Teele: And I think that's the kind of thing that they-- because I don't disagree with what
Commissioner Sanchez is saying, if he's talking about recycling. But I'm talking now about recoverable,
which is a very -- I believe that it's three percent of the total industry and a two million dollar ($2,000,000)
figure just -- I think the cost is probably closer to a hundred thousand dollars ($100,000) or eighty thousand
dollars ($80,000) than two million dollars ($2,000,000).
Mr. Martinez: And, Commissioner -- and I'm not exactly what the numbers, but I can tell you that, during
173 September 21, 1999
the committee meetings, the industry, one of the biggest companies that has been doing business with the
City for many years, said in the -- openly that, if we exclude recoverables, they could put another bin right
next to their bin, label it recoverable and all papers and all the stuff that goes in there, and they could cut up
about 40 percent of what goes into the other can right now. So, using that 40 percent figure, you're talking
40 percent of the four million dollars ($4,000,000) that we get from the...
Commissioner Teele: And we're not going to decide it, and I appreciate it. And what I'd like to do is just try
to understand it on Saturday. I just want to understand the facts.
Chairman Plummer: All right. Now, explain to me the difference between recyclable and recovery.
Mr. Vilarello: The terms are interchangeable. The industry now is using recovered materials as the
nomenclature for recycling.
Chairman Plummer: Commissioner Teele indicated there's a big difference between tie two, so I'm asking
the question.
Mr. Vilarello: No, between Solid Waste and recovered materials.
Chairman Plummer: No, no. Between recyclables and recovery. Sir, let me-- from the people I pay first
and, if you disagree, then I'll allow you to speak. Mr. City Attorney, please, since Commissioner Teele says
there is a big difference between the two, if you can...
Commissioner Teele: Under state law.
Chairman Plummer: If you can...
Commissioner Teele: The registered people under die state law.
Chairman Plummer: ... tell me, what is the difference?
Mr. Vilarello: The difference between what and what?
Chairman Plummer: What is the difference between recyclables as opposed to recovery?
Commissioner Teele: Under Florida law.
Chairman Plummer: If that's...
Mr. Vilarello: Recoverable material is, apparently, limited by definition of Florida Law to six different
items. The recyclables -- arguably, everything is recyclable.
Chairman Plummer: All right. Do you disagree with that, sir?
Mr. Steve Levetan: Mr. Chainnan, if I may? I'm Steve Levetan.
Chairman Plummer: Sir, I asked a question. Do you disagree with that?
Commissioner Teele: He's got to give his name, J.L.
174 September 21, 1999
Chairman Plummer: I'm not Suing to let him speak unless he disagrees.
Mr. Levetan: Yes, sir, I disagree.
Chairman Plummer: Then, for the record, sir, your name and mailing address.
Mr. Levetan: My name is Steve Levetan. My mailing address is 6690 Roswell Road, Suite 31Q Atlanta,
Georgia. I represent the Institute of Scrap Recycling Industries.
Chairman Plummer: Are you a lawyer?
Mr. Levetan: No, sir, I'm not.
Chairman Plummer: Are you a lobbyist?
Mr. Levetan: No, sir. Not here.
Chairman Plummer: All right, sir. Proceed.
Mr. Levetan: The difference is, recovered materials, under Florida Law, are recyclable materials, which
have either been source separated; they've been -- they've never been discarded or they're materials that have
been discarded and, then, removed from the waste stream. Recyclables, on the other hand, are any materials
which are capable of being recycled. Florida Statutes further limits recovered materials to one of six types
of materials: metals, paper, glass, plastic, twiles or rubber. So, it must be one of those categories and must
have been source separated, never discarded, never entered the waste stream. That's the fraction of the
materials that we're talking about.
Commissioner Teele: Mr. Chairman, just one simple answer. Approximately, what percent of the City
waste stream would be recoverable material?
Mr. Levetan: I'd have to say...
Commissioner Teele: Under Florida law.
Mr. Levetan: Somewhere between 10 and 30 percent.
Commissioner Teele: That much?
Mr. Levetan: It could be. But, again, that's the...
Chairman Plummer: Ten percent is not a lot.
Commissioner Teele: Ten percent is a lot.
Chairman Plummer: It is?
Mr. Levetan: But that's -- the State law is to encourage the removal of those materials and to encourage the
recycling of those materials prior to their being discarded into the waste stream. So, this is certainly in
concert with State Statute.
175 September 21, 1999
Chairman Plummer: OK.
Mr. Levetan: If I may? One other part of that definition.
Chairman Plummer: All right, sir.
Mr. Levetan: In Florida Statutes, it says "recovered materials are not solid waste." That's the last line of the
definition in Florida Statutes. It's clear-- 403.703,
Chairman Plummer: So, then, what...
Mr. Ixvetan: Four zero three seven zero...
Chairman Plummer: ... you're saying is, if we have recovered materials, they are not under the same as waste
materials and would not be incorporated in our ordinance?
Mr. Levetan: Yes, sir. Florida Statutes also require that your definitions be consistent with those state
definitions.
Chairman Plummer: Does it...
Commissioner Teele: I'll tell you this. I'll make this real simple. I am going to ask the Attorney to seek an
opinion from the Florida Attorney General.
Chairman Plummer: All right. You heard that.
Commissioner Teele: Because I think we need -- or somebody needs to do that. Because we need to get
this thing resolved. I don't want us to be the one City in Florida that takes a position against the
environment.
Chairman Plummer: Well, the question that I have is, the recovery-- if we're going to use that terminology
-- is it precluding the City from having a fee charged on that?
Mr. Vilarello: Commissioner, in my opinion, no.
Chairman Plummer: So, we have one fee set for the solid waste disposers and we have a fee set for the
recovery disposers.
Commissioner Teele: Exactly.
Mr. Martinez: And, Commissioner, we -- exactly. 7'he RFQ (request for qualification), as it went out, we
had two different fees. If you picked up solid waste, it was five thousand dollars ($5,000) to join in. If you
were strictly recyclables or strictly biohazard, it was a three thousand dollar ($3,000) per year. So, we did
separate the charges for both, for those that exclusively-- and don't forget, when we were very clear at the
committee meeting. If you didn't charge to pick up recyclables, there is no need for you to pay any money.
If you picked up at your own free will, because of the environment concerns, to go to the condominium and
pick up all the newspapers and all the plastics, so on and so forth, you owe us 20 percent of zero. So, you
don't owe the City any money. If you were charging that condominium two hundred dollars ($200) a month,
under contract, to pick up their newspapers and their plastics, then, you do have to pay us and you do have to
have a license from us and a Franchise Agreement. So, that's a difference. If people -- if you're paying
176 September 21, 1999
people for their cans or whatever, you don't have to pay us, if you're not spending any money, and we're
very clear on those differences with the industry.
Commissioner Teele: Mr. Chairman, I think the best way to handle this is to take it up on Tueslay, at a time
certain, like it's the first item, after we go through the preliminary agenda, and let Commissioner Sanchez,
basically, explain to us what it is he's trying to do.
Chairman Plummer: Well, my next question was...
Commissioner Sanchez: I could do that right now. I don't need to wait until Tuesday.
Commissioner Teele: Well -- but we're not going to take a vote on it now so, why take up the time?
Chairman Plummer: OK. I'll agree with that. When are we going to get any kind ofa written document
telling us exactly what the committees have done?
Mr. Martinez: Commissioners -- and today we're prepared to -- for the Commission to authorize the
Manager to enter into Franchise Agreement with the 19 companies that were qualified. We're prepared to
verbally state that, and there was a resolution that was going to be passed out to-- doing that.
Chairman Plummer: That is the total back-up that is provided to me, to make a very, very important
decision? No.
Mr. Martinez: And, Commissioners, when, back in July, you gave us a real short due date. We explained to
you, we would have to cut some corners and present papers right here at the Commission because we
expedited this as much as possible. A danger in delaying this is fie fact that next fiscal year's budget has an
additional million dollars ($1,000,000) in the budget coming in, due to the RFQ. if we delay this past the
next fiscal year, we, the administration, is going to have to start looking, where did we find the milion
dollars ($1,000,000) from.
Chairman Plummer: OK. I have one other question. Since we're meeting on Saturday with a workshop,
when are we, the City Commission, going to see the recommendations of the administration, which we
asked for, of the cuts of three percent and one and a half percent? I've seen -- well, I thought it -- OK, one
and a half. When are we going to see those recom -- excuse me. Bayfront Park was asked to give a budget
cut of three and one and a half, I think, is what we were asked to do. When are we going to see anything on
the recommendation so that we'll have something to talk about on Saturday morning?
Ms. Bertha Henry: Bertha Henry, Assistant City Manager, Finance and Administration. It's our intent to
provide you with information on Thursday.
Chairman Plummer: OK. Thank you. All right. Since the item of nonexclusive commercial franchise is
only on for discussion, I guess that ends it. Yes, sir.
Mr. Luciano Isla: Good afternoon, Mr. Chairman, members of the Commission. My name is Luciano Isla.
I'm an Attorney at Law, with offices at...
Chairman Plummer: All right, sir. Are you a registered lobbyist?
Mr. Isla: I am, Mr. Chairman.
Chairman Plummer: With the City of Miami?
177 September 21, 1999
Mr. Isla: Yes, Mr. Chairman.
Chairman Plummer: Fine, sir. Proceed. Two minutes.
Mr. Isla: Thank you very much. Mr. Chairman, you have, as part of your agenda item, a discussion on the
Solid Waste issue.
Chairman Plummer: Yes, sir.
Mr. Isla: That is what you have on hand in front of you. The matter has been properly advertised; it's been
set for hearing; the administration is prepared to move on a resolution. I would urge the Commission to
move forward on voting on the RFQ (Request for Qualification), based on the fact, Mr. Chairman, that
responses have been made and action by the Commission is required, as set forth, at this time.
Chairman Plummer: Sir, the item, if it were to be for a vote, under normal circumstances, the ordinance
would be an item on the agenda. Now, if anybody here today wants to discuss the item, that's the way it is
on the agenda, to discuss. I just showed you all the back-up material that I have that has been proffered to
me by the committee.
Commissioner Teele: 1 thought I heard Chief Martinez just say that he was going to pass out something.
Chairman Plummer: He would pass out a resolution...
Mr. Martinez: Commissioner, if I may? Our goal for today was to pass out this resolution that the Law
Department has drafted and for you to allow us to award the RFQ, as the committee had approved.
Commissioner Teele: But where is it? I don't have it.
Chairman Plummer: That's a -- no. And it's got to be in our hands five days in advance. OK. Again,
anybody that wants to comply with the agenda, anybody wants to discuss the issue, I'll give you that
opportunity. That what is there. You wish to discuss the issue?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Yes, sir.
Commissioner Teele: I would very much like for the management to pass out the resolution.
Chairman Plummer: All right.
Commissioner Teele: And the background material that they have.
Chairman Plummer: All right. Anybody...
Commissioner Sanchez: Do you have it now? Excuse me.
Mr. Alejandro Vilarello (City Attorney): If you can table the item until the end of the agenda, we'll have that
resolution and the attachments for you.
178 September 21, 1999
Chairman Plummer: You don't even have it ready now?
Mr. Vilareilo: The resolution is not in a final form for resolution.
Commissioner Sanchez: Mr. Chairman, I'd like to table it until the end of the meeting.
Chairman Plummer: All right. Will you go ahead and have the discussion?
Commissioner Sanchez: Absolutely.
Chairman Plummer: All right. Anybody wants to discuss the issue can do it, I hope, within two minutes.
Step up to the mike.
Commissioner Teele: Mr. Chairman, with all due respect.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Don't we haveto deal with the fire fee?
Chairman Plummer: Yes, sir, we do. Any time after five zero five.
Commissioner Teele: Well, Mr. Chairman, I would call the order of the day. Look, if we don't have a
resolution, what do we want to hear from people for? We don't even know what the management is
recommending.
Chairman Plummer: And I don't disagree with you, sir. This is crazy; we don't have any back-up, and --
OK. The order of the day has been called and we now go to the Fire Fee. All right. Mr. Warshaw, you will
have the opportunity later to discuss. Chief Warshaw. Manager Warshaw.
Mr. Donald Warshaw (City Manager): OK. Could I have the Fire Chief explain the process, even though
the fire fee, as a whole, has been brought before you in the past each year, in accordance with the law. We
need to bring it before you. It needs to be approved, so I'll have the Fire Chief read the numbers into the
record.
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Chairman Plummer: For the people of the Solid Waste, I'm looking at, probably, about one hour. Go do
what you want, but be back by six, by the time we get through with all the blue copies, and this one. I'm
sorry. I didn't see who was here. How long do you need?
Mr. George Knox: About 15 minutes.
Chairman Plummer: Fifteen.
Commissioner Teele: Five. Five minutes.
Commissioner Sanchez: Five.
179 September 21, 1999
k
Chairman Plummer: Five minutes,
Vice Chairman Gort: You can do it in two.
Chairman Plummer: Well, he's called the order of the day. That's what's the problem.
Commissioner Teele: We could beg him to waive...
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: Mr. Chairman, I would always welcome the opportunity to hear from Mr. Knox.
Chairman Plummer: Oh, my God. I don't believe you. The prodigal son will speak.
Mr. Knox: Thank you very much, Mr. Chairman and members of the Commission, and I will make certain
that we stay within the time parameters. I am George F. Knox. I am a common citizen of the City of
Miami, with a residential address of 3863 Southwest Douglas Road in Coconut Grove. I'm passing out
documents to you. And joining me is Mr. Al Johnson, who's also a Grove resident and an entrepreneur. Mr.
Johnson has conceived of a concept that we believe that will result in substantial benefit and a substantial
business opportunity for the City of Miami, and that concept is that of the Jazz Festival. The fact is that
music is becoming the identifying mark of our community and the fact is, also, that public festivals which
celebrate money have a great opportunity -- celebrate money -- which celebrate Miami, have a great
opportunity to generate revenues and to enhance the social pride and unity of our community. We
emphasize to you that we are offering a partnership with the City of Miami, to certainly make use of some of
the under-utilized venues that would be appropriate for a world -class, world -size jazz festival within the City
of Miami. We have organized our efforts, at this point, to have that venue be Coconut Grove but we,
certainly, appreciate the value of the City of Miami and downtown as an appropriate venue. I'm going to
ask, in the remaining couple of minutes, Mr, Al Johnson to give you a few more of the details and,
especially, let you know the progress that we've made to date.
Chairman Plummer: Mr. Johnson.
Mr. Al Johnson: Thank you. Thank you, Commissioners. We've looked at the advantages of the Miami
Jazz Festival and some of those advantages are a City and County identify, with the brand name "Miami"
and a more global recognition. Downtown Miami office, it enhances the ability to coordinate marketing and
promotional efforts with the Greater Miami Chamber of Commerce and the Greater Miami Visitors and
Convention Bureau. It also offers a greater ability to promote cultural tourism and quality of life initiatives
throughout the County. It offers the ability to host various satellite waterfront locatims throughout
Miami -Dade County. Those locations are Watson Island, Virginia Key Beach, Miami Marine Stadium and
South Beach. The neutral site that it offers has a proven history of hosting multicultural events. It also a
more profitable site, with numerous utilized -- under-utilized paid venues, such as the Bayfront Park
Amphitheater, the Gusman Center, the James L. Knight Center, and the Miami Arena. We also would like
to look forward to the future and the proposed Greater Miami Performing Arts Center, which opens in 2002
in downtown Miami. The downtown Miami site offers greater accessibility, transportation alternatives and
available parking. It also offers a greater capacity to accommodate future growth of a worldwide attended
jazz festival. And, finally, downtown Miami has no scheduled conflicting event, like Taste of the Grove,
that takes place in Coconut Grove a week after our proposed jazz festival. Some of the advantages of
Coconut Grove Jazz Festival are, however, greater proceeds, affluence of Coconut Grove's brand name and
venue, a unique charm and ambiance of the Coconut Grove waterfront, and its central business district, a
perceived affluence and ambiance more compatible with the upscale jazz market profile that travels to
180 September 21, 1999
European jazz festivals in the summer. And, finally, the intangible commitment of the founder and other
principals, like George Knox and Frank Balzebre, to the Coconut Grove Jazz Festival as a means of
improving the quality of life in our community because we have offices, residents and families who enjoy
living in Coconut Grove,
Mr. Knox: And, so, fundamentally, what we're asking the Commission, at this time, is, if you would please
direct your staff to work with the organizers of the Miami or Coconut Grove Jazz Festival towards hosting --
participating as partners in the event during the Martin Luther King weekend, at sites and venues to be
mutually to be determined by the interested parties. So, all we're asking you is to direct the staff to agree, in
principle, that this is an event that would be beneficial to the City.
Chairman Plummer: Mr. Manager, the Chair recognizes the importance of this opportunity and, as such,
will ask you, please, to work with these people to try to bring this about to a conclusion,in which way that
we, the Commission, can be of help. It's something that, I think, that has positive reaction for this
community; something we always seek and, as such, without any objection from colleagues on the City
Commission, I would ask, sir, that you do provide the necessary time for these people to work with you
Mr. Donald Warshaw (City Manager): I will.
Mr. Knox: Thank you very much.
Chairman Plummer: All right.
Mr. Johnson: Thank you very much.
Chairman Plummer: Ma'am, did you wish to speak on the issue?
Unidentified Speaker: No, sir. I yielded to...
Chairman Plummer: Oh, OK. All right. Fine.
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Chairman Plummer: All right. Now, Nw're back to the Fire Fee. Chief.) Hold on. I think, as important an
issue this is, that we should have a full Commission.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado,
Commissioner Regalado: Just for the record, Mr. Manager, I am ready to introduce a motion to reduce the
fire fee, as we spoke the other day. Have you come up with some ideas of numbers regarding leaving the
fire fee as it is, instead of raising the fire fee, as you proposed in the budget?
Mr. Donald Warshaw (City Manager): Not yet, sir. We're working on it. Probably...
181 September 21, 1999
Chairman Plummer: That's why I asked. And they said, Thursday, they're going to provide us with papers.
Mr. City Attorney, can I ask you a quick question? Is not the Oversight Board governed by the Sunshine
Rule, as we are?
Vice Chairman Gort: No.
Mr. Alejandro Vilarello (City Attorney): The Oversight Board operates under Sunshine
Chairman Plummer: And, yet, they had a conference call the other day that, in fact, made a decision that
they were going to reject that which the City Commission had done.
Mr. Vilarello: Individual members of boards can attend meetings by telephone conference.
Chairman Plummer: Sir, I'm not saying that "The Miami Herald" is gospd, but in "The Miami Herald" it so
stated that the Chairman, through a conference call with the rest of the members of that board, made certain
decisions. Now, to me, the Sunshine Law says you do public business in public. And I would ask you, Mr.
City Attorney, that, at best, that you remind the members of that board they are governed by Sunshine and
report back to this Commission as to whether or not they were in violation of the Sunshine by a conference
call with all members of the board.
Mr. Warshaw: Commissioner, I just...
Mr. Vilarello: I'll look into it, Commissioner.
Chairman Plummer: Mr. Manager.
Mr. Warshaw: OK. I just might add -- and the City Attorney will give you the legal opinion -- the
conference call was an open call. There were many other people on the line. There was a dial -in number.
Chairman Plummer: Sir?
Mr. Warshaw: Media members on the -- just for the record.
Chairman Plummer: I don't think I have to tell you what is a violation of the Sunshine Law.
Mr. Warshaw: I understand.
Chairman Plummer: That's any two members of a given group that meet outside of the public. Now, I don't
how many people were involved, but I read of a conference call and I'm merely asking, sir, two things. One,
they be reminded of the Sunshine and, two, to find out whether there was a violation. OK.
Mr. Warshaw: If I can add just one more thing?
Chairman Plummer: Sure.
Mr. Warshaw: What the Oversight Board said was, they did not reject. What they said is,they would wait
and see what it is the City comes back to them with, I believe, on Thursday.
Commissioner Teele: Mr. Chairman?
182 September 21, 1999
Chairman Plummer: All right. Hold on, hold on. Sir, you will be afforded your opportunity to speak at the
time so designated.
Mr. Spence Morgan: OK. Very good.
Chairman Plummer: All right.
Mr. Morgan: It was about notice that, if you all agree with me on this, then, the rest of these proceedings
may not be necessary.
Chairman Plummer: All right. Sir, you will have your opportunity, I assure you. You will not go away
without being heard.
Mr. Morgan: Thank you, sir.
Chairman Plummer: All right. Now, you want the Chief to speak, is that who you want? OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Do we have any documentation on what the Oversight Board's instructions or their
concerns or their dictum or their policy? I mean, I don't have anything.
Chairman Plummer: I was only going on what I read, sir.
Commissioner Teele: Well...
Mr. Warshaw: Commissioner, there is nothing in writing. Basically, they said that they would react to what
it is the City comes back to them with.
Chairman Plummer: That's what they said in the morning, which made very good sense.
Commissioner Teele: Well, Commissioner Plummer?
Chairman Plummer: Then I received...
Commissioner Teele: Commissioner Plummer?
Chairman Plummer: Sure.
Commissioner Teele: I just have a question. I believe that this is an important matter. I want to be able to
respond positively to the Oversight Board, but I think it's only fair that this Commission receive a written
statement from the Manager on what was said and what their words were and we're not reading it in a
newspaper, which may or may not be totally on point, which may have left off a very important "whereas,
however," and I just think that -- you know, at the end of the day, J.L., if you read these editorials, it's us
that's getting the blame. We're the ones that are catching all of the spears but, yet and still, we're still being
treated by the Oversight Board, by the staff, as if we, basically, are sitting up on Mount Olympus and we
know everything. J.L., I am not a full-time Commissioner. I have no intentions of making one of the
183 September 21, 1999
mistakes I made as a County Commissioner by being too full-time and I think that, if we have staff that is
professional, that is competent, that is thorough, that we have a right to know, in writing, exactly what I is
they're saying. And I would like, at least, a detailed report now, before we start hearing from the fire fee, on
what the Oversight Board is asking us to do. Because I don't think we have an option. I think we've got to
try -- Commissioner Regalado, I think we've got to try to respond intelligently to the Oversight Board. And
my idea and my guess is, is that if we are reducing the fire fee, as we discussed in that Commission meeting,
and contrary to what "The Miami Herald" tried to say, that we aheady did it, we did not reduce the fire fee in
the first budget hearing. It was not on the agenda. We couldn't legally reduce the fire fee. It's my
understanding, that what the Oversight Board is simply saying, is that we have a FiveYear Plan. In that
Five -Year Plan, we said we would raise certain reoccurring revenues. In year two or year three --what year
are we in now, going into next year? Is that year three of the original Five -Year Plan that we started into?
How many years of this Oversight Board have we had?
Mr. Warshaw: It's the third year...
Chairman Plummer: Third year for the Oversight Board.
Mr. Warshaw: But the original -- we're not working with and original five year. The five-year plan gets
updated.
Commissioner Teele: Well, it always gets updated. But of the original plan -- the plan in '97, that we
approved, that was subsequently approved in February or December-- January of'98, we said that, in this
year coming up, FY 2000, we would raise "x" dollars from the fire fee, "x" dollars from the Solid Waste fee.
Mr. Warshaw: That's correct.
Commissioner Teele: And what the Oversight Board is saying to us, I think-- and I don't know this -- is that
we're not as concerned about you balancing the bottom line as ww are concerned about you raising the
recurring revenues. Is that what they were saying?
Mr. Warshaw: They did say that, yes.
Commissioner Teele: Is that the essence of what they're saying? Because we gave them a budget...
Mr. Warshaw: The essence of what they said, Commissioner -- and, probably, the reason there's not a
detailed memo, the conference call took about an hour. Each of the Oversight Board...
Commissioner Teele: Is there a transcript of the conference? Did anybody do a transcript of it?
Mr. Warshaw: There is a transcript. There's a court reporter who was on the line. We do not...
Commissioner Teele: Well, who the heck needs a transcript if it's not us? I mean, all of this is about us.
The rubber meets the road right here.
Mr. Warshaw: We don't have a copy of the transcript. And I can assure you...
Chairman Plummer: That's why I asked about the Sunshine Law.
Commissioner Teele: Well, J.L., look, we need to know what the heck they're asking us to do. B.-cause I...
184 September 21, 1999
Chairman Plummer: Well, can I ask a simple question? Did you, at any time, interpret the reaction of the
Oversight Board, that they would not accept the City Commissions recommended no increase in the fire fee?
Mr. Warshaw: Yes, I did detect that, very much.
Chairman Plummer: You -- OK.
Mr. Warshaw: Yes. And let me tell you...
Chairman Plummer: Does that clarify?
Mr. Warshaw: Then, let me give you my...
Commissioner Teele: That's a first step because that's what %%e need. We need Chief Warshaw's...
Chairman Plummer: OK.
Commissioner Teele: ...professional opinion and his professional advice to us as to what they will accept
and what they will not. We're talking about afire fee but we-- and the first thing my dear colleague says is
that, "I want to reduce the fire fee." And, Tomas, I don't have any problem with you saying that, but I don't
think we want to say that in the face of what it is they're saying, if we know what they're saying.
Chairman Plummer: Well, that's the reason I asked a simple question. And his interpretation of their
remarks were that they would not allow us to stop an increase in the fire fee.
Mr. Warshaw: But I also want to say on the record...
Chairman Plummer: Mr. Manager.
Mr. Warshaw: ...that I also felt, in July and at the beginning of August, that the Oversight Board was going
to accept the nine point one million dollar ($9,100,000) revenue stream from the parking surcharge.
Particularly, because we had worked with PFM, their financial advisors, and they concurred with our
projections. Wind up was, they didn't. So, in fairness, I cannot always project or predict what it is they're
going to do. This one -hour conference call, in which each one of the Oversight Beard members spoke, there
was a lot of editorializing, a lot of comment, a lot of criticism, candidly, about words like the Commission
reneged on it's commitment to raise the fire fee, and they're going to hold the Commission accountable, and
so on and so forth. However, they're going to wait until the City comes back to them. And we've been
working on the weekend, around the clock, trying to come up to give you some alternatives, if we can find
them, to find a revenue stream equal to, not only the fire fee, but to "Save Our Seniors" initiative as well,
which they want us to include, but...
Commissioner Teele: They want you to include a reserve for that?
Mr. Warshaw: They want us -- Absolutely.
Commissioner Teele: In this year?
Mr. Warshaw: Yes. I'm talking about six point four million dollars ($6,400,000). Now, all that being said, I
cannot tell you right now what will and will not be acceptable because I've been surprised before.
Commissioner Teele: Mr. Warshaw -- Chief Warshaw, I don't expect you to have a crystal ball, but I do
185 September 21, 1999
[IN
.. 1
expect you to give us a written report and advice as to what you believe. I never believed-- I told everybody
on your staff that the Oversight Board will not approve one hundred percent or even 80 percent cf a new
recurring revenue source. So, I mean, if you believe that they were going to approve nine million dollars
($9,000,000) on the parking fee, I certainly never did because I sat up there and listened to Snyder. Snyder's
the smartest guy on the Oversight -- well, let me put it this way. He's certainly the person on the Oversight
Board who is an accountant, who understands numbers, as well as anyone else. They've got lawyers up
there. They've got business people up there. Snyder is an accountant. There is no way Snyder would
accept a new revenue stream that is being administered by a staff that has never administered a revenue
stream. See, you all could have gotten all of this if you contracted it out. If the City really wanted the nine
point two million dollars ($9,200,000), all we had to do was contract the entire amount out and get some
company to give us a bond and indemnification that they're going to collect nine point two or some number
close to that. How much are they accepting?
Mr. Warshaw: Five point seven, which is 80 percent.
Commissioner Teele: And I guarantee you, Don...
Mr. Warshaw: Right. Seven point one is the total. It was-- five point seven is the 80 percent.
Commissioner Teele: But, Don, I guarantee you, thatyou could get a company, somewhere in this country,
to come in here and write a bond for some amount of money above the five million dollars ($5,000,000),
above the five point seven million dollars ($5,700,000). But that's just an approach and that's water under
the bridge because it's too late now for the Estimating Conference. But if they had a bond, a surety bond, for
eight million dollars ($8,000,000), they would have to accept eight million dollars ($8,000,000), OK?
Because that's a number that you can go to the bank with. But the point is this, Don. I believe that the
Oversight Board expects us to pass a fire fee pursuant to our Five -Year Plan, and I think you need to tell us,
directly, that that's what -- if you believe it -- that that's what they're looking for us to...
Mr. Warshaw: I definitely do believe that.
Chairman Plummer: No. Well, I don't.
Commissioner Regalado: If I can...
Chairman Plummer: I don't. Let me tell you why, if I may?
Commissioner Teele: J.L., I'll stop, but let me just say one thing. There are three Commissioners-- I am -- I
want to be on record, J.L., to you, to Willy and Tomas. There are three Commissioners on this dais who are
being absolutely, unfairly hammered in the media right now. It is totally unfair what's going on. You know,
the Chamber of Commerce did their little, you know, part two of "One Herald Plaza Act" today and this is
going to be a Chinese water torture, if you're not careful.
Chairman Plummer: OK.
Commissioner Teele: And the only point that I want to make, J.L., is that it's fine to have the bravado of this
Commission saying, we're not going to do it. We're not going to do it. But, at the end of the day, it's going
to get done. And the worst thing that can happen to this City and this Commission is that we abrogate our
responsibilities to do what it is we said we were going to do in the Fivo-Year Plan, and we allow the
Commission -- I mean, we, as a Commission, allow the Oversight Board to impose something on us. That is
not going to play well in this town. It's not going to play well in Tallahassee.
186 September 21, 1999
Commissioner Regalado: Just one --
Chairman Plummer: My comment is...
Commissioner Regalado: If I may, Mr. Chairman?
Chairman Plummer: Go ahead, and I'll reserve.
Commissioner Regalado: Just two very brief comments. Commissioner, every time that we discuss the
Five -Year Plan, the administration, this Manager, the other Manager always says, "You can always change
that plan." Is that correct?
Chairman Plummer: Of course.
Mr. Warshaw: I'm not sure I completely understand the question. We said, you can always change the
budget, the budget's projection, if that's what you...
Commissioner Regalado: Exactly.
Mr. Warshaw: Yes, that's correct.
Commissioner Regalado: So, we can always change the Five -Year Plan. It was not anything that was set in
stone, and we were told that from day one, that we started dealing with the Five -Year Plan. I have not
attended all the meetings of the Oversight Board but I have gone to some. Commissioner Sanchez was there
when we were also, I guess two meetings ago, one meeting ago, and Mr. Snyder is it? Shelly? That's right.
Mr. Warshaw: Right.
Commissioner Teele: He's in the County.
Commissioner Regalado: Right. Well, he was on the phone on the speaker. Did he say or he did not that
it's up to the administration and the Commission? It's either to have new revenues or reduce expenses? Did
he mention the word reduce expenses at any time in that phone conversation?
Mr. Warshaw: He probably did.
Commissioner Regalado: No, he did. Not probably. He did. I was there. You were there. You were
making the presentation. Did he-- he didn't say that or lie did not?
Mr. Warshaw: I mean, they've said those things before, so I'll say, yes, he said it. I mean, it's not...
Commissioner Regalado: So...
Mr. Warshaw: There are things that have been said many times before.
Commissioner Regalado: So, Don, what is the problem? I mean, we are trying to set up a change, the
Five -Year Plan, as we were told we could, by the Oversight Board. We were trying to reduce expenses, as
one of the intelligent members of the board suggested. If we can reduce the expenses to the point where we
would not affect the City of Miami itself, in terms of services, and keep the City functioning with the same
187 September 21, 1999
level of services -- if we were to reduce, like we did in the past or freeze some positions, I have-- I don't
understand why we are trying to raise the fire fee. Could you tell me why we are forced to do that?
Mr. Warshaw: Two things. And I'll say some things and, then, I'm going to ask Bertha to elaborate a little
bit. Number one, I cannot predict what the Oversight Board is always going to do, as I said earlier. They've
been very strong about the issue of the fire fee because they say that this was something we made a
commitment to do, even though...
Commissioner Regalado: But, excuse me.
Mr. Warshaw: I just...
Commissioner Regalado: Excuse me, Don. Just very briefly.
Mr. Warshaw: OK.
Commissioner Regalado: What we talked in the other meeting was not to take away the budget from Chief
Gimenez, but to reduce expenses from the general budget so we cannot...
Mr. Warshaw: I understand.
Commissioner Regalado: ... have to increase the fire fee. I don't see the difference that they might-- I mean,
they would like for us to come up with the money so Chief Gimenez can buy more fire trucks and maybe
one tahoo or more. But, I mean, we are trying to do what Mr. Shelly-- what's his name?
Mr. Warshaw: Snyder.
Commissioner Regalado: Snyder said that he-- that we could do, reduce expenses.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Are you finished, Mr. Regalado?
Commissioner Regalado: Yes, sir.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Let me tell you something. The Five -Year Plan is very beautiful. Most of the people
that sit on that board are in the private sector. I want him to let me know on the Five -Year Plan, under a
corporation, how many changes are made during the year? Because let me tell you, during those five years
they make a lot of changes. They do constantly. If the sales do not come in the way they were projectai,
they reduce expenses. If the sales do come in and they cover both that, then they'll increase expenses.
Chairman Plummer: Mr. Manager?
Vice Chairman Gort: And let me-- now, wait a minute. I haven't finished yes.
Chairman Plummer: Well, hurry up.
Vice Chairman Gort: I haven't finished. Well, I'm the only guy that talks the less here. Now, you hurryme.
188 September 21, 1999
Now, my understanding is, the only reason you establish a fire fee, because the only source of revenue,
reoccurring revenue that we could thought at that time, and we always make this statement -- the
commitment to this community that, if we can find some additional reoccurring revenues, we will try to
reduce that fee and there will come a time when we will eliminate it completely. And this is a commitment
we made before you were here, Teele, and that's the commitment that we made when we passed that. And
what happens is, the fire fee -- we have gone out and this Commission approved the surcharge on parking,
what we hope it could be paid by most of-- 80 percent of it by people that do not live in the City of Miami.
So, that's the reoccurring revenue that we have brought, and that's why I think we can do this if we want to.
Now, if you tell me, out of four hundred and seventy million dollar ($470,000,000) budget, we cannot
reduce four point two or one point and a half, we've got problems.
Chairman Plummer: Now, I don't have to speak. He said what I was going to say.
Commissioner Sanchez: Bingo.
Chairman Plummer: And took all the fun out of it. All right. Mr. Teele.
Commissioner Teele: Mr. Chairman, I really want to be on record as saying that I believe that there are two
issues here and we shouldn't confuse them. The reason, supposedly, that the City of Miami has g3tten in
trouble over the last 10 years is that the Commission has not dealt with reoccurring revenues. For three or
four years we did a lot of tricks and one-time revenue sources, bond deals. I mean, you know, we're in
litigation with an accounting firm about this. We've got bond issues with the SEC, and all of these things
point to one thing, that we refuse to make-- we, the Commission -- and I wasn't sitting here, but we all sit in
the shoes of those who sat here before. We refuse to make the hard decision about reoccurring revenues. I
have said, repeatedly, that the Oversight Board's number one issue that they have continued to say is not just
whether or not you balance the budget, but whether or not this City is on the road to a recovery. In '97,
when Mayor Suarez was here, he asked me to look at a way to help get the Oversight Board out of here. I
have hoped that we would get rid of the Oversight Board in this coming year. I would had hoped, Willy,
that we could go to the legislature, change the law, and eliminate the Oversight Board. But the fact of the
matter is going to be this. We've got a brand new Governor, who doesn't come in here with the baggage that
the previous Governor had, that is, that he imposed it. He sent the Lieutenant Govei nor down. And you
know that, with all due respect to Lawton Chiles, who's one of the finest governors to ever serve, a dear,
dear human being, that there was no way Lawton was going to move to get rid of this thing early. Now, if
we fool around here and get the kind of communications going between this Governor's Oversight Board
and the same -- at some point, we've got to start to blame ourselves because every Governor can't be wrong.
Now, I believe, that, if we take the hard decisions this year, this budget session, one of the things that we all
ought to go to Tallahassee for is to lobby to get the Oversight Board legislation changed and get rid of them.
But the fact of the matter is, if we're not prepared to bite the bullet and create reoccurring revenues this year,
in reoccurring revenues...
Chairman Plummer: We are.
Vice Chairman Gort: We have.
Commissioner Teele: Willy, listen to me. In terms of the reoccurring revenues, based upon the Fiv&Year
Plan, that I believe we will not get rid of that Oversight Board this year, and you can count me out because I
don't want to be a part of something that is not going to be well -received in the...
Chairman Plummer: Ain't going to get rid of it anyhow.
189 September 21, 1999
Commissioner Teele: ...Governor's office and the Budget office. And, so, we -- next year, this time, we're
going to be sitting around doing the same thing. I think, what we need to do is bite the bullet one last time,
deal with the reoccurring revenues. Personally, I don't like the fire fee as a recurring revenue. But the fact
of the matter is, is that this Commission needs to deal with that issue this year. Now, I also believe that the
Oversight Board cannot keep us and cannot legally mandate us in raising or setting a millage rate. 11cause I
don't think the Oversight Board, nor the City, can contract away something that is constitutionally beyond
our powers to give away. And, Mr. Attorney, you understand what I'm saying?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: We can lower this millage rate, as far as I'm concerned, to nine point one percent,
nine point two percent this year, if we choose to. We can do that. And the way to deal with getting both
issues done, Tomas, is to lower the millage rate Is to lower millage rate and raise the fees, as it relates to the
fire fee, because the Oversight Board then can't say, "Well, you really haven't dealt with the longterm
issue." Because, as long as you have that millage rate elasticity all the way up to 10 mills, we have met their
requirement. In other words, I think we should look at not having a nine point five percent millage rate, but
we ought to look at something like a nine point three or nine point two millage rate and raise the revenues
that they're asking us to raise, whether we raise it in the fire fee or in the Solid Waste fee or a combination of
the two. But I guarantee you that, if we lower the millage rate to get all of the savings that we're talking
about and raise the recurring revenue, constitutionally, there's nothing the Governor can do or the Oversight
Board can do because we have met our obligation.
Chairman Plummer: Interesting.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: And I am willing to do that, if the administration reduces its budget by three
percent.
Vice Chairman Gort: Same thing.
Chairman Plummer: What was your-- you're making a motion?
Commissioner Sanchez: No, I'm not making a motion. I'm just making a statement.
Chairman Plummer: Oh. What was your comment? I'm sorry.
Commissioner Sanchez: My statement is, if the City reduces it's budget by three percent, 1, too, am willing
to lower the millage and leave the fire fee as it is, but theCity's going to have to make some sacrifices.
Commissioner Teele: How much money does the fire fee raise this year, under the five-year plan?
Vice Chairman Gort: With the numbers I've received...
Commissioner Sanchez: Four mills. Four point one, I think.
Chairman Plummer: No, it's more than that.
190 September 21, 1999
Commissioner Teele: Yeah. But, Commissioner...
Chairman Plummer: And let me tell you.
Commissioner Teele: Commissioner Sanchez...
Chairman Plummer: What Commissioner Gort said is absolutely correct. You cannot convince me that
every department in this City could not cut their budget by one and a half percent.
Mr. Warshaw: And, Commissioner, on the record right now, we're not saying that. What we're saying is,
you directed us to do something last week and, on Thursday, we're going to come up with a variety of
options and if some of those options work, fine. But I want to tell you on fie record that Commissioner
Teele is right. If we didn't have an Oversight Board, the level of scrutiny in the State of Florida, including
the state and every other city in the State of Florida, does not have self imposed Five -Year Plans the way we
do. Because we're under the Oversight process, the Oversight Board has made demands on the City of the
Miami that most municipal governments don't demand of themselves.
Vice Chairman Gort: Don?
Mr. Warshaw: But, at the end of the day, it's a fact that they're still there.
Vice Chairman Gort: Fortunate 500, read the Five -Year Plans and see how many of them comply with the
whole Five -Year Plan.
Mr. Warshaw: And I don't disagree with that.
Chairman Plummer: You know, I must be an odd ball. I lice the Oversight Board and I think they serve a
good purpose. I'm sorry, you know. I have no problem with people looking over my shoulder. And that's
why I'm supporting the Charter Amendment in reference to an Auditor General. Some people think it's an
investigative unit that's going to be a Cloak and Dagger. And Auditor General will do what we've never
have and, that is, they will give us, the City Commission, full reports at all times, which we did not have in
the past and where we got into trouble. I like the Oversight Board. I maybe don't dis -- I don't agree with
some of the people on it, that like to play politics, but that's besides the point. I think they-- an Oversight
Board, somebody as a monitor, serves a purpose, and I have no problem with that. That's besides the point.
I think what you were instructed to do was to come back -- not across the board, but to come back and tell
this Commission, at one and a half and, I thought three percent, what would your recommendations be to
this Commission to cut either one and a half or three percent. Now...
Mr. Warshaw: For the record, I just -- if I can just clarify that?
Chairman Plummer: Sure.
Mr. Warshaw: The last motion that was about 3:30 or twenty-- right, twenty to four in the morning was that
we be directed to come back with a plan that would offset the four point two million dollar ($4,200,000) fire
fee. Whatever that percent was.
Chairman Plummer: I think that's, you know, basically. Because...
Mr. Warshaw: And that's where we're looking at this point.
192 September 21, 1999
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Chairman Plummer: If what you're saying is, that's what happened at 4:20, you must have been the only one
here...
Mr. Warshaw: Three forty.
Chairman Plummer: ... because 1 left at 3:15.
Vice Chairman Gort: That's what he told his wife.
Commissioner Teele: But, Don -- Mr. Chairman, Don, the only thing that I, respectfully, ask you is this.
Look, if you're going to come back with the cuts -- and I hope we'll have something on Saturday to look at
or something before Wednesday -- Tuesday, to look at. We cannot fly in the face of what the Oversight
r Board has said they're going to look at, OK? It's not just the four percent cut. We have a recovery plan that
requires that we hire a certain number of professionals and that we have -- we continue the hiring of
professionals in certain areas, in certain departments, to address certain needs. They're also not going to let
us, basically, defer capital expenditures.
Mr. Warshaw: That's correct.
Commissioner Teele: I mean, the cut can't be the fact that we're not going to buy, you know, dump trucks
and police cars or whatever it is in the plan. It's got to be a cut that is absolutely well thought out, that is
basically belt -tightening and not basically changing the priorities of the City.
Mr. Warshaw: If I can just, very briefly, walk you through the process because we're on very tight,
unfortunately, time frames. The reason Thursday is the day, we need to get to the Oversight-- the Oversight
Board does not evaluate this data on it's own. They have PFM, who is their financial advisor.
Chairman Plummer: Whom they don't agree with.
Mr. Warshaw: Well, they didn't agree with on the Parking Surcharge. That's correct. We need to get this
information to PFM and the Estimating Conference some time late Thursday. The Oversight Board is not
really scheduled to evaluate what we do until, I believe, when? Monday.
Ms. Bertha Henry (Assistant City Manager): Monday morning.
Mr. Warshaw: On Monday. So, there is a process here that a lot of people are looking at a lot of data, and I
can't tell you today how they're going to respond to it. I can only tell you that we need to get this
information move forward because, in reality, we're all serving multiple masters here.
Chairman Plummer: I will request a copy of the transcript of the conference call for Thursday morning.
Mr. Warshaw: We'll get it, if it's available.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Commissioner Regalado wants to say something, but I want to be very clear about
one very important point. This item today, the fire fee, is on the agenda ahead of the budget hearing because
were trying to put it on the Trim Notice. We're trying to put it on what?
193 September 21, 1999
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a
l
Mr. Vilarello: On the tax bill.
Y
Commissioner Teele: On the tax bill, OK. We're trying to put it on the tax bill. If we miss the window of
getting it on the tax bill -- and the only reason we're here now is, it was supposed to have been done a week
ago but, because of the hurricane, the County has given us -- but we've got to take a decision on the fire fee
tonight. Otherwise, we run into another problem. If we collect it, as opposed to putting it on the $x bill, the
collection rate is going to create another budget issue. in other words, if it's on the tax bill, it will be 96
percent collection rate or whatever the number is. If we do it, it will be 91 percent collection rate or
whatever it is. But, clearly, there will be a drop in the collection percentage. Is that a fair statement?
F'
Mr. Warshaw: That's correct.
Commissioner Teele: So, we have to take a decision on the fire fee today. I am urging the Commission, out
of deference to the Oversight Board process, to establish the fire fee tonight, at whatever we contractually
agreed with the Oversight Board that it would be, and that we, basically, seek to provide greater tax relief.
In fact, the most significant tax relief in the history of theCity of Miami -- if somebody goes and get the
charts, the City of Miami's tax rate has always-- has been above nine point five percent for the last 25 years.
Commissioner Sanchez: And, at one time, it was like 17-- 16 percent.
Commissioner Teele: And the fact of the matter is, when you add in all of the other general bond
obligations and all of that, this rate has been up to 14, 15, and as much as 17 percent.
Vice Chairman Gort: Way back.
Commissioner Teele: Way back. And, so, right now, you know, contrary to what the editorial board may be
saying, this Commission is moving to provide the greatest tax relief to the citizens of Miami, that has been
provided in the last 20 years, and that's not going to even be a footnote.
Chairman Plummer: All right, Mr. Regalado.
Commissioner Regalado: Yes. Very.
Chairman Plummer: Because we've got to open this up to public hearing, remember.
Commissioner Regalado: Right. Very briefly. I agree with Commissioner Teele. Because the bottan line
here is to have some relief for the people of the City of Miami, for the residents, for the property owners.
And for me, as a property owners, to pay a dollar for fire fee or to pay a dollar for tax on my property. It's
just the same -- it's the same dollar. But I would not...
Chairman Plummer: No, it's not.
Commissioner Regalado: ...vote for a fire fee if I don't have the assurances that we're going to get that relief
today, here; that we're going to leave here with that relief. If you can, then...
Vice Chairman Gort: Make a decision.
Commissioner Regalado: If you can, that's my vote.
194 September 21, 1999
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Chairman Plummer: It's not the same dollar, and the reason...
Commissioner Regalado: That's my vote. It's only one vote.
Chairman Plummer: Right. The problem is, it's not the same dollar because a fee, you cannot deduct for
your income tax. Ad valorem tax, you can. OK. Now, Mr. City Attorney, you had to make a comment
prior to opening it up to hear from the public?
Mr. Vilarello: Yes. This will -- when you open the public hearing, it will be a public hearing on the fire
rescue special assessment, which was originally noticed for September 14th but, due to the public
emergency created by Hurricane Floyd, the hearing was rescheduled to today. The published notice was
published on September 17th, as soon as possible, after the declaration of emergency had ceased and that's
why you're here today at 5:05 to hear this item.
Chairman Plummer: Thank you, sir. This young man is bing at the bit. He can't sit still. So, come up, tell
us who you are, your mailing address and you have -- I'm hopeful that I can give everybody two minutes.
Mr. Morgan: I appreciate the time. My name is Spencer...
Chairman Plummer: Three? All right.
Mr. Morgan: My name is Spencer Morgan. I'm an attorney with Cohen Burk. My attom-- my address...
Chairman Plummer: Who are you representing, sir?
Mr. Morgan: Representing 1001 Northwest 7th Street, folio number 013135029.
Chairman Plummer: For a fee?
Mr. Morgan: I'm sorry?
Chairman Plummer: For a fee?
Mr. Morgan: Yes,
Chairman Plummer: All right. Are you a registered lobbyist?
Mr. Morgan: No, I'm not.
Chairman Plummer: Then, sir, as soon as you surrender your check for six hundred dollars ($600), you'll be
allowed to speak.
Mr. Morgan: I don't know that we're being paid for this. I was called last minute and the basis of this is
notice.
Chairman Plummer: Well, sir, I asked the question and Wu said yes.
Mr. Morgan: I don't know. That's my answer.
Chairman Plummer: Then, Mr. City Attorney, I don't know whether he can speak.
195 September 21, 1999
Mr. vilarello: He's an attorney representing a client. I believe the City Clerk can provide him the lobbys3
form. He can fill it out before he can speak. That's our rules.
Chairman Plummer: All right, sir. I'm not trying to be nasty. I'm just saying, that's the rules.
Mr. Morgan: So, you're telling me -- what's the rules?
Chairman Plummer: I'm saying, sir, that you will be provided a form, handed to you by the City Clerk,
which you will fill out and surrender a check for six hundred dollars ($600) and you'll, then, be qualified as a
registered lobbyist and be offered the opportunity for one year to speak.
Mr. Morgan: OK. I'm not a lobbyist. Can I speak and, then, if that's correct, I'll-- you know.
Chairman Plummer: No. Pay as you enter.
Mr. Morgan: What if I decide to speak as a citizen of the County-- a resident of the County?
Chairman Plummer: You can speak as a citizen, yes, sir, but not representing a client.
Mr. Morgan: OK. Then, I'm not representing a client, as of now.
Chairman Plummer: I'm not sure we're going to listen but go ahead.
Mr. Morgan: I've listened to you. 1 hope you'll listen to me.
Thank you.
Commissioner Teele: Mr. Chairman, for the record, this is a public hearing.
Chairman Plummer: Yes, sir.
Commissioner Teele: And I think we're going to listen real closely to everythingthat everybody says.
Chairman Plummer: Absolutely. Each and every person.
Mr. Morgan: Thank you for your attention.
Chairman Plummer: Now, your name and your mailing address. Did we get that?
Mr. Morgan: Spencer Morgan, 3300 Northeast 191 st Street, Aventura, Florida 33180.
Chairman Plummer: Thank you, sir.
Mr. Morgan: OK. I would request a verbatim record. I'm objecting to the entire proceedings as contrary to
the law right now, particularly, based on notice. Section 197.3632s clear, at Section 48, that this hearing
must take place between June 1 st and September 1 Sth. Today is September 21 st. It has to be in one hearing.
Also, there was no mailing of the hearing and there was no publishing within 20 days, which is very clew in
413, that that's what it must be. It's also very important, because this is an important issue-- you all have
taken a lot of time to discuss it already-- that the merits of the issue be addressed. A lot of property owners
have had their taxes potentially, significantly raised and they should be entitled to a fair hearing. And I think
196 September 21, 1999
that a lot of property owners will not have had the time and preparation to speak and to speak to these issues,
and notice is improper. I mean, we could be all wasting a lot of time by going through these issues today.
What I would request is a deferrnent and comply with proper notice or, in the alternative, have the hearing in
compliance with the statute, beginning next June. I appreciate your time. I mean, there'sa lot of alternatives
to explore that you all talked about and I'm ,just afraid that all of this is going to be a waste because there are
property owners out there that may be represented and may take action.
Vice Chairman Gort: Excuse me. Did you receive a notice?
Mr. Morgan: No, sir.
Vice Chairman Gort: OK.
Mr. Morgan: The way we found out today, and as you...
Vice Chairman Gort: In other words, you're speaking on behalf of people that received notices?
Mr. Morgan: No. I speak...
Vice Chairman Gort: That's what I understand you're saying here.
Mr. Morgan: OK. No. I speak on people that have not received notice and everybody in general. I speak
just as a resident and...
Vice Chairman Gort: As a resident?
Mr. Morgan: As an individual that's entitled to show up here and speak.
Chairman Plummer: Well, let me ask this question. Mr. Clerk, was this duly advertised?
Mr. Walter Foeman (City Clerk): Yes.
Chairman Plummer: Was there anybody sent a letter, individually'?
Mr. Foeman: Not by my office, no.
Mr. Vilarello: I'm sorry. Commissioner, the original...
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: The original notice of the meeting of the l4th was sent in the notice of the Trim Bill which is
a tax bill.
Chairman Plummer: That, we know.
Mr. Vilarello: And we didn't meet on the 14th because of declared emergency related to Hurricane Floyd.
As soon as that emergency order lapsed, notice was provided, as best as we could, and it was noticed for this
meeting for today, the 21 st.
Chairman Plummer: So, are you saying, sir, that you feel that we are in accord and rightfully doing the thing
197 September 21, 1999
we're supposed to do?
Mr. Vilarelio: Yes, sir. All the notices were appropriate for he 14th and that meeting, due to the public
emergency, has been deferred until now.
Chairman Plummer: All right. Thank you, sir. Do you have anything else, sir, that you would like to say?
Mr. Morgan: Yes. Your notice is very clear that it's only designed for the hearing that was noticed. Once
again, I think that theme are a lot of property owners that probably did not receive notice and citizens that
didn't know this was going on because there wasn't a proper notice. There wasn't 20 days' notice and it
wasn't published appropriately and there was no -- it was not mailed to interested parties. That's my
understanding.
Chairman Plummer: Thank you, sir. Anyone else wishing to speak on the fire fee? If you will, sir, give us
your name and mailing address.
Mr. Angel Urquiola: Good afternoon, gentlemen. My name is Angel Urquiola. I live at 25 Southwest 38
Avenue, Miami, Florida. 1 have two or three questions. I don't know if the Chief can answer me or the Fire
Department. I misunderstood. The Fire Department bought about 35 new Cherokees, small car. It's true or
it's a lie?
Chief Carlos Gimenez: Not true. We bought 31 Escorts.
Mr. Urquiola: OK. How many Tahoos you bought? I think every Chief...
Chairman Plummer: Ask your questions through the Chair, please, because we've been through this already.
If you feel it's important-- I mean, you really feel it's...
Mr. Urquiola: I certainly feel important for for I had to talk.
Chairman Plummer: All right. Answer the question.
Chief Gimenez: Tahoos?
Mr. Urquiola: How many Tahoos that you bought?
Chief Gimenez: The Tahoos were not bought with fire fee money.
Mr. Urquiola: No?
Chief Gimenez: No.
Mr. Urquiola: What happened when it was in the newspaper, you bought a car for every district chief? The
cost, it was about sixty thousand dollars ($60,000). This was not true or was it false?
Chief Gimenez: No, sir. The Tahoos that were bought were bought with GSA (General Services
Administration) money. They were not bought with fire fee money. We have three district chiefs. We
bought five Tahoos. They were about, roughly, twenty thousand dollars ($20,000) each. Yes, sir.
Mr. Urquiola: Yeah, but you bought Tahoos. You say no before.
Chief Gimenez: No, sir. I said, I bought-- we didn't buy -- no. If you listen, I didn't -- we didn't buy the
198 September 21, 1999
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Tahoos with the fire fee.
Mr. Urquiola: OK.
Chief Gimenez: OK?
Mr. Urquiola: You asking now for the raise, the revenue for the Fire Department. Why you bought all this
car if you have no money? Why you want to use my money before you ask me for it? Or you want to take
my money without my knowledge or the people knowledge? You want to buy this car, you first...
Chairman Plummer: Sir, I think, the answer...
Chief Gimenez: I'll answer the question, OK?
Mr. Urquiola: OK.
Chief Gimenez: The fire fee has been in place for, approximately, two years. The Fire Department, in terms
of capital, gets four point two million dollars ($4,200,000) per year for capital from the fire fee. We have
used the first two years of that money to purchase those items that you're talking about.
Mr. Urquiola: And another thing. I think we are scared, especially by the administratirn, about the
Oversight Board. Everybody is scared about the Oversight Board. To my knowledge, the Oversight Board
can recommend it to the staff some opinion about tax. But they cannot force Mr. Manager or any
department to raise tax. I think the administration misunderstand the people to tell them now, it's the
Oversight Board. No, it's not the Oversight Board. The Oversight Board ask only to bring down the budget
and we can bring down the budget if we make about five percent or 10 percent cut all the City employees
who live outside the city. I make 70, 80, 90, hundred thousand dollars a year. This is what Oversight Board
asked for. The Oversight Board not asking to raise taxes. You, the administration, put this matter, raise tax,
because it's easy. In that way, you don't have to work. You don't have to think about.
Chairman Plummer: Thank you, sir.
Mr. Urquiola: I oppose to raise tax and I got to tell my people about that. Thank you.
Chairman Plummer: Thank you, sir. The next speaker. Your name and mailing address, please.
Mr. Peter Chancey: Good evening. My name is Peter Chancey, Post Office Box 560956 Miami, 33256.
I'm here on behalf of the tenants and taxpayers, United For Fairness. The acronym is TUFF. This
organization is opposed to the fire fee. In fact, it has a pending lawsuit against the City of Miami
challenging the constitutionality of the fire fee. I'm speaking on behalf of the TUFF members and several
property owners who are being asked to pay fifteen million dollars ($15,000,000) in fire fees in the next
fiscal year. The question arises, why is this money needed and where is it going? I've reviewed three years
of Fire Department budgets. I'm amazed at what I found. The Consumer Price Index is up about two
percent a year; population growth in the city, I believe, is no more than five percent a year; yet, Fire Rescue
cost is up 26 percent between 1998 and 2000. Salary and fringe benefits are up 20 percent between 1998
and 2000. This is the largest increase in salaries and fringes among any group of city employees. In
addition to generous base salaries...
Chairman Plummer: Can we answer that question for you, sir?
199 September 21, 1999
Mr. Chancey: I'm sorry?
Chairman Plummer: Can we answer that question for you?
Mr. Chancey: Yes, sir.
Chairman Plummer: Because there is a very good answer. You might not agree with it. Two years ago, the
city employees, sir, to help this city out, financially, gave up raises that they were already entitled to for two
years and gave them up so that this city could balance its budget. What we are now doing is giving them
back the monies that they gave up to bring them whole with what we had agreed on previously. So, that's
what happened. They gave up twelve million one year and thirteen million the next. Just want it on the
record.
Mr. Chancey: Right. I understand that. Our position, I believe, is that the salaries and fringes are extremely
generous. Not only are the base salaries extremely generous, but there's 20 additional categories of
additional pay that can be earned. Some of which I don't even understand. We're going to meet with Chief
Meek next week and go over that in some detail. In the Fire Department budget, 85 percent of all money
goes to salaries and benefits. That's the main reason why they got behind in purchasing their major
equipment and replacements. In fiscal year 2000, the fire fee is projected to generate fifteen million dollars
($15,000,000) in income, but only four point two million of tha is earmarked for capital purchases. Where's
the other eleven million going? Good question. It's going...
Chairman Plummer: General Fund.
Mr. Chancey: It's going into the General Fund. TUFF says, get your own house in order; get your own
costs under control; identify the inefficiencies before you ask us to pay fifteen million dollars ($15,000,000)
in fire fees. Thank you.
Chairman Plummer: Thank you, sir. The next speaker. If you'll give us your name and mailing address,
please.
Mr. Cary Johnson: Cary Johnson, 29 Northwest 52nd Street. Commissioner Teele's area. I guess he's not
here. I guess it's not important enough. But, anyway, I wanted to first say, as far as the Attorney said
earlier...
Chairman Plummer: Sir, I would beg you not to make a comment that it's not important...
Mr. Johnson: OK.
Chairman Plummer: ... to Commissioner Teele.
Mr. Johnson: OK.
Chairman Plummer: He has been things-- we've been sitting here since 9 o'clock this morning and once in a
while we have to go make a visit.
Mr. Johnson: Well, I would like my Commissioner of my area to be here, but...
Chairman Plummer: Then, if you'd like to wait, sir, I'll allow you to wait until he returns.
200 September 21, 1999
Mr. Johnson: Well, I'll continue on.
Chairman Plummer: Would you like to do that?
Mr. Johnson: I don't know when he's going to return.
Chairman Plummer: Sir, I'll let you -- just sit down and when he returns, I'll let you be the next speaker.
Fair enough?
Mr. Johnson: Maybe that will work better.
Chairman Plummer: OK. The next speaker, your name and mailing address, please.
Mr. Robert Fournier: Robert Fournier, 2070 Northwest 13 Street. I believe I just learned something. Some
of this -- maybe I'm incorrect. But some of this fire tax money is going into the general revenue? Is that --
did I understand that?
Chairman Plummer: General Fund. Yes, sir.
Mr. Fournier: OK. Well, I've got a suggestion that since the City has a balanced budget this year-- and I
understand it has a five million dollar ($5,000,000) surplus -- that we take the five million dollar
($5,000,000) surplus -- six million and apply it to the fire assessment. In that way, we could reduce
everyone's fire assessment by one third. But I know what you're going to tell me. You're going to tell me,
the Oversight Board will not approve of this.
Chairman Plummer: They already told us that, sir.
Mr. Fournier: That's my problem. And as long as I happen to be in the United States and a fee citizen and I
have elected you as my officials and Oversight Board pulls the strings and we have a balanced budget, I'm
saying it's about time we wrote a very polite letter to Governor Bush and asked to be relieved of this burden.
Chairman Plummer: Sir, the problem is, we call it a surplus. There's no company, no business that can
operate without a contingency fund.
Mr. Fournier: I understand that.
Chairman Plummer: All right. 1 mean, we can have a disaster of any kind in this community. Just a
hurricane. When we have a hurricane for the clean-up, sir, usually costs us about a million dollars
($1,000,000) a day. If we have a disturbance, a public disturbance, a million dollars ($I,000,000) a day.
There is no way, sir, that any business-- and this city, in particular-- can operate without a contingency fund
of some kind for emergencies.
Mr. Fournier: But if it's not my understanding, each individual department has a contingency fund.
Chairman Plummer: The total surplus...
Mr. Fournier: The Police Department has a contingency fund and it's not coming out of the surplus.
Chairman Plummer: Sir, the total surplus, what you call a surplus or contingency, is six million dollars
($6,000,000).
201 September 21, 1999
Mr. Fournier: OK. But anyway, what about asking the Governor from being relieved of this burden? if you
don't, I'm going to write a nice, long letter and ask him to do it, as an individual. I don't think you should be
puppets, being pulled by strings. And I think you should have the authority to act in a free society.
Otherwise, we're living under a dictatorship, and I don't think the Bush family needs to be accused of this.
Chairman Plummer: Thank you, sir. Next speaker.
Ms. Judy Clark: Hi. My name is Judy Clark. I live at 5930 North Bayshore Drive, Miami, still. When we
first came here to talk to you guys about the fire fee, before you actually instituted it, we brought some of
our tenants with us. The poorest people in this City are the people that rent. You put --you impose this fire
fee. To me, the burden that you place on an individual tenant is so much greater than what you put even to a
single family homeowner. It cost more. It's seventy-four dollars ($74) for an apartment, even it's a three
hundred dollar ($300) a month efficiency. And it's sixty-one dollars ($61) for a single family homeowner.
Can you imagine a person that owns their own home, makes their own payments, pays sixty-one dollars
($61) a year, a person who can't even afford a home is asked to pay more than this. So stupid. I can't even
imagine that you guys even did it that way. Secondly, the thing that you did, was say every single apartment
pays the same fee. Some apartments are three thousand or five thousand square feet. Some apartmentsare
six hundred square feet. There's no equity. This is the most ludicrous situation that you've got us into, yet.
In fact, I'm so angry with you guys for doing this. When I saw that you'd bought new cars, new Suburbans
-- I'm up at the Parks Department because I volunteer at the Park's Department. Look out the window and
see 51 — whatever, new Suburbans or whatever the heck they are.
ChiefGimenez: We did not buy any Suburbans.
Ms. Clark: That's bought by the -- if 1 need you, NI ask you, OK?
Chief Gimenez: All right.
Ms. Clark: I look out there and see all these cars out there. And here's the poor Parks Department begging
and pleading for money. The inequities here are unimaginable. When you passed the fire fee, you
promised, J.L., first, you weren't going to vote for it. Then you voted for it. Then you said, we'll never raise
it. But you did. Then, you said you were only going to use it for equipment, but you give the money for the
equipment -- now, mind you, these people are collecting fifteen million dollars ($15,000,000) from us this
year. They're taking four million dollars ($4,000,000) and buying equipment with it and where's the other
eleven million going? The other eleven million goes right where you paid your taxes It goes right into the
General Fund. What is going on? I'm asking you for an audit. I think the Fire Department needs to be
audited and all these funds need to be audited. We're sitting here for hours trying to figure out what the
budget is. You have like 20 different pay levels in the Fire Department. We can't even figure out who gets
paid what. You have not only incentive pay. You also have revenue incentive pay. So, that when
somebody falls down, they get picked up. You charge them for that. And what happens to that money?
That money goes into this thing called Revenue Incentive Pay. You're giving it back to the fire people.
They actually get a piece of it. How much money can you give to one department? What about the people
who are having to pay it? You want us to pay for all the past issues and for all the past problems. This is not
the way to do it. Cut your budgets. Cut them now. Deliver it to the Oversight Board as a cut budget. Quit
asking us to give you money. (Applause).
Chairman Plummer: Excuse me. Ladies and gentlemen, I beg of you to read the first paragraph on the
agenda page that says "Any outbursts or applause, you will be asked to leave the chambers." I hope that
common courtesy will prevail. Mr. Gabriel, President of the Fire Union.
202 September 21, 1999
f
Mr. Tom Gabriel: Tom Gabriel, Miami Firefighters, 2980 Northwest South River Drive. First, let me just
respond to a few things that were said. We have not received, certainly, anywhere near a 20 percent
increase in our budget over -time. Certainly not. And, certainly, we have not received raises that would be
astronomical. In fact, we have received zero. The big goose egg. Probably a little different than some of
those rents that have been passed on. A six out of 10 years. Now, you've asked people -- the City has been
scrutinized; the Fire Department has been audited by numerous people, and one of the common themes is,
"Run it like a business." Well, we did run it like a business. When we couldn't give raises, we gave
incentives for positive things. So, there are some positive items in there for incentive for extra work, as is
the revenue incentive fee that, when we were able to raise money, that we would-- in helping the City out,
to raise additional money, take on additional work in a year that we got zero pay raise, that we would get a
small percentage of that. So, it's not like we've received 15, 20 percent raises, as the Commissioners know.
So, I guess I'm preaching to the choir in that area. I do think...
Chairman Plummer: No. But -- no, no. Excuse me. They also knew it. We know it. They need to know it.
Mr. Gabriel: And I think that it's important to know that this year we received a two percent pay raise and
that was owed to us. Previously, there was a four percent that had been owed to us. So, if you add those up,
it might come to six percent. So, when you do look at that budget, you will, ask Commissioner Plummer
have mentioned, have to look at what the historic level of your payments for fringe benefits has and, if you
notice, your pension costs and some of your fringe benefits have gone down. They don't all go up. So, I
think that that needs to get out. We are probably suffering the fire fee, as a direct result of failure to raise
other fees. And, in fact, the Fire Department would not have even had to raise a fire fee to take the political
heat on this issue, they wouldn't be talking about go after the Fire Department. They'd be proud that we're a
well -run, well -disciplined organization that does care for their dollars. But, instead, there was no garbage
fee raise, and that's not to pass the fee onto the next guy. But, nevertheless, you know, all of these people --
certainly, the poor people that pay your rents, they ask for our service more than anybody else in the United
States. Miami ask for their fire service more than anybody and they need us when we're there and we're
proud to serve.
Chairman Plummer: Thank you, sir. I'm sorry. Mr. Manager, you wish...
Mr. Warshaw: I'd just like to add, for the record, that, in 1991, the Fire Department was staffed with 665
firefighters. Since then, it's been reduced and consistently been at 605. And the calls for service have
increased over that same period of years up to 20 percent or more. And I know the Chief has the statistics,
but on a per capita basis, this is one of the busiest Fire Departments anywhere in America. And I think it's
important that that be on the record, that there have been substantial-- that's a major cutback of almost 10
percent in the last eight years, and it stayed flat during that same period of time.
Chairman Plummer: Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Well, I come here with alternatives. Instead of the fire fee, we might as
well have a police fee. And I tell you why. Actually, no fees are really needed in a very well -managed city.
And I am not blaming any one of the newcomers. We have been -- it has going for a long time. No with
the General Fund from the millage is supposed to cover the service -- all services. That is, we went to the
maximum tax. Now, then, all this kind of fees. So, there is something that's really wrong. My alternative is
-- and I understand, after hearing Mr. Cox, I learned a lot. And let me tell you something. I heard -- and I
have been continuously been hearing here for 20 years-- sacrifices, sacrifices, sacrifices by the employees,
the different unions. If those sacrifices -- maybe it's a misnomer. It's a reduction, not sacrifice. But, I mean,
if we're going to equalize a sacrifice, I added it up that those sacrifices are -- taken into consideration all
203 September 21, 1999
labor unions -- amount to more than the present budget of the City of Miami. I don't know if-- because
since 1990, we have been hearing sacrifices. Can you imagine what will be the cost with -- in salaries
without any of these sacrifices? It would cover more than three hundred million dollars ($300,000,000).
And we are the fourth poorest city in the nation. And let me tell you. I am poor also. I have a 15 year -old
car that is not even worth the booting industry. Now, that it is going to be charged. You said it, Mr.
Plummer. You had one of those old cars. And my rent has been increased. And let me tell you something.
You actually are throwing me out of Miami and I am very seriously reconsidering. For ,you, Mr. Plummer,
you have sent me, many times, back to Puerto Rico and I might have to end up there, to tell you the truth.
We -- there, we do not have any -- these type of fees and there we -- the collection is every other day and the
taxes are much, much lower than here, and we are also a poor city in San Juan.
Chairman Plummer: I never wanted to send you back to Puerto Rico. As the editorial said, I wanted to send
you to gth Street and 32nd Avenue. Mr. Cox.
Mr. Charlie Cox. Charlie Cox, Local 1907. You know, we're not fortunate enough to have rich parents in
different countries that just want every employee gone and out of the way. If we had that fortunate to where
we could just be sent to pester other people, to look ridiculous, then we'd be OK.
Chairman Plummer: Thank you, sir. Is there -- well, wait a minute. We have other speakers, sir, if you
want to sit down and wait. The gentleman with the blue hat. Your name and mailing address, please.
Mr. Daryl Smith: Good evening everybody. My name is Daryl Smith. My mailing address is 239
Northwest 16 Street, in the Overtown area. I just got two simple questions. They might be a little out of line
but I just need to know these as a property owner.
Chairman Plummer: You're not knowing the answers?
Mr. Smith: Yes, I just need a little answers, OK? OK. My first question is this here. How did the City get
broke? And my second question is, why are we, as property owners, have to pay for those who made the
City broke? 'them are my questions.
Chairman Plummer: They're not simple questions.
Commissioner Sanchez: They're good questions, though.
Chairman Plummer: Yeah, they're very good questions, sir. And the City Attorney always advises me,
where a lawsuit is pending with the auditing firms...
Vice Chairman Gort: I can give you a little history.
Chairman Plummer: I think you want to be careful, according to the City Attorney...
Vice Chairman Gort: No, no, I'm going to be very careful, but I can give you a little history.
Chairman Plummer: Mr. Gort, at your own peril.
Vice Chairman Gort: My understanding is, I was elected November 1993. 1 didn't have anything to do with
'93P94 budget. I was asked to chair the committee to reduce the budget'94P95, which we sat down and we
took and we reduced it by thirty million dollars ($30,000,000). At that time, we were told, by reducing the
budget by thirty million dollars ($30,000,000), we'd be in great shape. We'd be real good. Then, the next
204 September 21, 1999
i
year, booml We got the shock that the -- of all the things that happened, the Manager came in. So, I got
very interested to find out the same thing you did. Now, this is my personal thought. I started investigating.
My understanding, there was a big thing in here called the Gates case, which I recall way back -- J.L.,
would tell me, the Union, the Gates and all that. And what happened is, in 1955, is my understanding,
correct me if I'm wrong -- you guys were there -- from what I read, in 1955 the City's fathers passed a point
zero five millage and that funds was to fund the pension plan. What happened is, that money was taken into
the General Fund. Besides that, the other things that happened is, the City's fathers, at that time, did not
make -- the administration did not make a contribution to the pension plan the way they should have. So, in
1985 the firefighters and the police officers got together and they sued the City of Miami. They went to
Federal Court and the Federal Court told the City of Miami in 1983, I think, in '84, told them, you have an
unfunded liability to the pension of two hundred and twenty million dollars ($220,000,000). Is that the
right...
Chairman Plummer: About that.
Vice Chairman Gort: Two hundred and twenty, two hundred and twenty-five? Thirty-five? Forty?
Chairman Plummer: It reached as much as four hundred.
Vice Chairman Gort: OK. Two hundred and forty-five million dollars ($245,000,000). So, from now on,
you have to make your contribution -- this is 1983 -- your normal contribution, your other contribution, plus
you start paying retroactive. You fund the liability at a balloon payment, which would have destroyed the
City. It was some time in 1992 or'93 that I think the firefighters and the police, because of the change in the
administration, the way they were administering the pension; they forgive the hundred and some million
dollars. And this past year, the General Employees forgave. And my theory is, a lot of the administration
had to play the shell game in order to cover, just like we do, when we spend too much and, then, we have to
cover. And I think this is my belief that how it came. Now, why do we have to pay for it? Unfortunately,
because we're the residents here and, unfortunately, we have to pay for it. We are now receiving a lot of
benefits that our ancestors worked for and we're receiving now. And that's the way it works, unfortunately.
Mr. Smith: OK. Thank you.
Chairman Plummer: Only one slight alter of what Willy said. It was not at a City Commission and I wasn't
there then. I was there a long time ago but not then. What happened really was, there was a provision in the
State Statutes of four -- up to four mills in the City Charter. What happened was that, in fact, the City
Manager, at that time, was taking the money instead of putting it into the Pension Fund, as what was
supposed to be, was using it to pay social security, income tax and other debts of the City. OK?
Vice Chairman Gort: You look in 1969— 1970 it was pension --two point four point millage for the pension.
Chairman Plummer: Engaged if we'd to had to follow out Gates, there was one year of paying thirtythree
million dollars ($33,000,000). One year alone. Yes, ma'am. You wish to be heard? Your name and
mailing address, please.
Ms. Eva Nagymihaly: Yes. My name is Eva Nagymihaly. My mailing address is 3110 South Miami
Avenue. I've talked in front of the Commission many times and we'w discussed the same item over and
over again, but we have come up with no results and mostly because it's always talk. You do all the talking
and we get up here and we talk but you don't even really listen to us. Because if you had heard us two years
ago, we were saying we're here to help the City; we understand it; we're citizens of the City, but we don't see
you tightening your belt. I don't, at all. I hear you talking about it. Someone said maybe three percent and,
205 September 21, 1999
then, I. heard somebody else saying, no, no. We only have to do one point something percent. Why not
tighten it a little bit more than that? Why have to take those, let's say, the two years that they had not
received their monies or didn't get their compensation, that they should get itnow? If we're not doing any
better, then, why are we now giving the money out? Let's all tighten the belts just a little bit longer. You
know, Judy mentioned the fact of now the tenants are having to pay one hundred and five dollars ($105) per
unit, if it's an efficiency or a five bedroom. That's a little bit steep. That's higher than a homeowner. So,
you're raising their rents thirty dollars ($30) for a three hundred dollar ($300) apartment? Think about it.
Who is tightening the belt here? So, take the time. Look at alternative resources, recurring revenues. We've
talked about them all, but nobody's suggesting it. Here -- Arthur Teele says, "Well, we have to do it. We
have to do it. It's going to have to be on there and it's eight3pfive dollars ($85) and we'll worry about it later
because that's the way we've got to go." Wrong. That's the way you want to go because it's the easy way
out. You're passing the buck. You're making the taxpayers pay for problems within the City before, and we
would like our City run by our representatives the way we want you to run it, and we want you to run it
efficiently and we're here to help you, but we are not going to pull you out of it. And if you do it this way,
you're going to lose all your faithful friends.
Chairman Plummer: Thank you, ma'am.
Ms. Nagymihaly: I have more time. I don't want to stop.
Chairman Plummer: Please. No applause. Anyone else wishing to speak to the issue? If you will, sir, give
us your name and mailing address, please.
Mr. Phillip Thomas: Thank you, Mr. Chairman. Phillip Thomas, offices at 8250 Northwest 27th Street. I
do own commercial property in the City of Miami.
Chairman Plummer: Are you representing yourself, sir?
Mr. Thomas: Yes, sir.
Chairman Plummer: Thank you.
Chairman Plummer: I'm affiliated with T --TUFF, but I'm a property owner. And I'm not an attorney, nor a
lobbyist.
Chairman Plummer: Thank you, sir.
Mr. Thomas: Two years ago both the City and the County considered the fire rescue special assessment.
They are not fees. They are special assessments. The City's passed its special assessment ordinance. The
County hussled its special assessment ordinance up until the time they maintained they needed this money
desperately. And when we finally got hold of a copy of the budget and found out where the money was
going and we saw a copy of the Arthur Anderson budget, which showed like 2,000 percent holiday
overtime, etcetera, etcetera, etcetera, and when we finally found out that the per capita pay and benefits for
firefighters, rescue, captains, chiefs, secretaries and janitors was eightyeight thousand dollars ($188,000) a
year, the County took the item off the budget. I have this question of Chief Gimenez. I understand we have
about 600 firefighter and related employees in your department.
Chief Gimenez: We have 673. Six hundred and five are firefighters; 68, civilian.
Mr. Thomas: All right. And I did some calculations a while ago and if you take 85 percent ofyour budget
206 September 21, 1999
and you apply that to pay and benefits, by my calculation -- and I just have a cheap calculator -- it's about
seventy-six thousand dollars ($76,000) per man, woman and child in pay and benefits per year. Would you
say that's a fair average, Chief?
Chief Gimenez: I don't have a cheap calculator. I don't-- I can calculate that out.
Mr. Thomas: Well, I would just like for the Commissioners and the public, who pays these seventysix
thousand dollars ($76,000) a year, to know how much your Fire Department is costing you, and I've
questioned whether or not this is properly in relationship to the pay that the average poor folks out here in
the audience are working to earn? And, if I may -- and I -- to their credit, I have no problem with this. Most
firefighters and emergency people work one day out of three, and that's fair, but the other two days, most of
them have side -like benefits, sideline positions, which they're entitled to have and I have no problem with
that, but they're probably averaging well over a hundred thousand dollars ($100,000) a year a piece, and
that's not so bad. I don't like hot places and I wouldn't want to be a firefighter. But I maintain that, if the
City Commission would like to do a decent, good, solid job for dour people that out here working hard and
paying three hundred dollars ($300) a month for an apartment, I would challenge you, sir, and all of you to
take a very, very, very serious look at the overpayment pay and benefits that are being derived by City
employees, and if it's true in the Fire Department, it may very well be true in other departments. And I'll ask
Mr. Warshaw to address that at another time.
Chairman Plummer: Thank you, sir. The next speaker. Your name, sir, and mailing address for tl- record,
please.
Mr. Ken Merker: Ken Merker, 4424 Northeast First Avenue, Miami, Florida. I just wanted to speak, again,
and possibly rereviewing the concept of Solid Waste verses the Fire Rescue Fee. Because not only do I
reside in the City Miami, coincidental, a block away from my house, I own an apartment building and I just
don't see the fairness how the concept of one who pays the fire -rescue fee with the apartment building,
having say eight units at a hundred and five dollars ($105), an increase of eight hundred and forty dollars
($840) for the year, when -- I guess what, eleven million of that fifteen million collected subsidized the
General Fund. The Solid Waste is subsidized by the General Fund. The one who owns an apartment
building pays for private hauling, which, in that, is a franchise fee, which I gather, it goes toward the General
Fund also. And all these increases, you know, towards the Solid Waste, I don't understand why a general
person, as myself as a homeowner, doesn't pay equally in Solid Waste and we eliminate the fire rescue fee
because, once again, all these fees are coming in and subsidizing the Solid Waste, which tends to be, I see,
the main problem in the City of Miami in the collection of fees.
Chairman Plummer: Thank you, sir. The fire fee was proposed, at one time, to be increased to the cost of
doing business of three hundred and twenty-two dollars ($322). I and one other voted for it and it went
down three to two. Next speaker. I'm song. Excuse me. Mr. Teele has returned.
Commissioner Teele: May I ask the previous speaker...
Chairman Plummer: You wish to-- the previous speaker comeback to the microphone, please. That's you,
sir. Mr. Teele has a question for you.
Commissioner Teele: Thank you, Mr. Chairman. I've watched all of the discussion and listened to all of the
discussion. But you said something that people rarely say and, that is, you said you don't like this tax or this
fee. But you would be willing to -- for the Commission to consider a different fee.
Mr. Merker: I mean, I believe that there's a fee, it has to be spread out fairly.
207 September 21, 1999
Commissioner Teele: But the point that you've made is a point that I've tried to make for two years,
unsuccessfully, and that is, the reason for all of this, at the end of the day, as much as any single issue, is the
subsidy that we're required to provide for the garbage fee. Did 1 hear you or understand you to say that, if
you had your druthers, you'd rather pay a higher...
Mr. Merker: Garbage fee.
Commissioner Teele: A higher -- Why? Why? I mean, 1 just want to understand. Because I'm not being
funny.
Mr. Merker: Well, I...
Commissioner Teele: I really would like to understand.
Mr. Merker: Because -- I mean, I don't believe in subsidizing. I know, in my community, I see one house
illegally chopped up into five units, paying a single family garbage fee. 1 just don't see why a person who
runs a legal business as an apartment building has to subsidize everybody else's garbage, If this is the
garbage for one person, then, let them pay for each individual person. You know, if you have a house -- or
your house is a duplex, you pay two garbage fees. Why are we subsidizing the City's garbage? And,
particularly, you're hitting the hardest the apartment building owner. My concern is, well, if you feel this
apartment building owner is going to collect more money from their tenants, in which I can tell you that, in
my case, is not the truth -- but in actuality, if you're concerned that they're not keeping up their properties,
then, let the Code Enforcement go to those buildings and, you know, have them bring up those properties.
But you don't -- I don't know. I just -- you know, I looked in the whole vision of improving the whole tax
base, improving the whole City's future, not just looking right now to short term.
Commissioner Teele: Mr. Manager, we did this analysis a year ago. I don't know if we have it. I know that
Dipak has it. I have not been able to locate Dipak.
Chairman Plummer: I'll give you his o-mail.
Mr. Warshaw: I'm sure we have it.
Commissioner Teele: I'm talking about now. But I would be prepared, right now, if a majority of the
Commission would rather put this four million dollar ($4,000,000)-- I mean, it's a question of four million
dollars ($4,000,000). Do we put it on the Fire Fee or do we put it on Solid Waste? I mean, that's all we've
got. You know, there are not a lot of places you can put it. New revenue is new revenue. And let me just
ask you this, Mr. Manager. Let me just ask you this, Mr. Manager. Do you believe that the Oversight Board
would accept four million dollars ($4,000,000) from the Solid Waste and zero from the Fire Fee?
Mr. Warshaw: That's a good question. I don't know the answer, but I would say probably more yes than no.
I mean, it's a recurring revenue source.
Commissioner Teele: Well, I'm not proposing it, Joe. I mean, I'm just saying...
Mr. Warshaw: I understand.
Commissioner Teele: ... you know, one of the things we ought to try to do is look at what are our options? I
mean, I don't think we ought to just go pell-mell because none of these fees are going to be popular. But the
208 September 21, 1999
biggest reason to look at the Garbage Fee, which, politically, is piobably less acceptable than the Fire Fee is
the fact that we really are cross -subsidizing the Solid Waste. I mean, the City's Solid Waste homeowner
collection is, at least, a hundred dollars ($100) lower than the County. Is there anybody here from Solid
Waste? No, I'm talking about management. Yes, sir. What's the spread between the City and the County on
the homeowner collection?
Mr. Luie Brennan (interim Director, Management & Budget): Well, the City is 214.
Commissioner Teele: And the County?
Commissioner Sanchez: Three sixty something.
Commissioner Teele: Isn't it 366?
Commissioner Sanchez: Three sixty-eight or 366.
Commissioner Teele: So, that's -- we're 314.
Mr. Brennan: Two fourteen. Two fourteen.
Commissioner Sanchez: We're 214.
Mr. Warshaw: Two fourteen.
Vice Chairman Gort: One fifty-two.
Chairman Plummer: No. Our cost factor is, as I remember, is 322.
Mr. Brennan: We're 214. I think the County is about 380.
Chairman Plummer: What's...
Commissioner Teele: The County -- and this is the important point. Is it somebody on 19th Street-- 19th
Avenue in my district, if they live on the east side, they're paying the City rate. If they live on the west side
of 19th Avenue, they're paying the County rates.
Mr. Brennan: That's right.
Chairman Plummer: But what's the cost factor? Isn't it 322?
Mr. Brennan: Three zero three.
Chairman Plummer: Cost factor?
Mr. Brennan: Yes, three zero three.
Chairman Plummer: OK.
Commissioner Teele: How much increase -- to increase the same amount of money that we're talking about
on the Fire Fee, what would be the increase on the Solid Waste fee?
209 September 21, 1999
Mr. Brennan: Let me just make one correction. The County is 349.
Commissioner Teele: The County is 349?
Mr. Brennan: Yes. If we increase the Solid Waste fee to approximately two hundred and eighty dollars and
fifty-seven cents ($280.57), we'd probably recoup about four point two million dollars ($4,200,000), in
addition to what we're getting now.
Chairman Plummer: Yeah. But you know where the difference really comes? We don't have in this City
but maybe one or two special taxing districts. The County has hundreds of them. Huh? And it makes a big
difference, as far as revenue and income sources are concerned. Can I give one important piece of good
news?
Commissioner Teele: Boy, that's about time.
Chairman Plummer: I'm happy to tell you that the County, today, passed the 108 Loan for the Parrot Jungle
and it is now on its way.
Vice Chairman Gort: How much does that produce?
Commissioner Teele: Well, I don't know why that's good news, while we're sitting here trying to figure....
Chairman Plummer: Well, I think it's very good news.
Commissioner Teele: I mean, I think it's great news for jobs, but I'm just trying to figure out how we're
going to...
Chairman Plummer: I think it's very good news because we were...
Commissioner Teele: Commissioner Plummer?
Chairman Plummer: Sir, this gentleman was asked to answer a question.
Commissioner Teele: What the City Attorney has just said is that it's too late on the Solid Waste fee because
the trim notice has already gone out.
Mr. Vilarello: You would have to use an alternative method ofcollection.
Commissioner Teele: Which...
Mr. Vilarello: Which is...
Commissioner Teele: Which would really be confusing because, then, people would be getting hit with two
bills from two directions and that's would be a disaster.
Chairman Plummer: All right. Sir, in the green shirt, you're on.
Mr. Johnson: Thank you.
210 September 21, 1999
Chairman Plummer: You're on, sir.
Mr. Johnson: I repeat, my name is Cary Johnson. I reside at 29 Northwest 52nd Street. A few things I
would just want to say is that, first of all, I never received any kind of notice of this hearing and that it was
rescheduled. I had to call Commissioner Teele's office and Commissioner Plummer's office. About tAvo to
three days ago, I got the notice that it was going to be by, Wu know, recalling the office, OK. Other than
that, I wouldn't have known it was going to be tonight, OK? And now I want to talk...
Chairman Plummer: Did you get your tax notice, sir?
Mr. Johnson: I got my tax notice, yeah.
Chairman Plummer: It was on there, sir.
Mr. Johnson: Yeah, for the last day, not for the new date today, which is the 21 st. For the 14th, it was on
there.
Chairman Plummer: OK. It advertised in the paper and it was on Cable 9.
Mr. Johnson: OK. Well, I didn't -- you know, sometimes I can't afford a paper because of these fees. First
of all, I just want to speak on, like you said, on the garbage. Reason why I'm getting taxed all this is because
on the garbage. First of all, I own an apartment building, which has about 10 units in there, which are
efficiencies. I pay another company to dump my garbage but, yet, now I'm paying on a fire fee-- a garbage
amount, plus the garbage company put a fee on there for the City of Miami to receive a certain amount of
money for also a garbage fee because they don't collect in my apartment building. So, I'm getting, you
know, totally a lot of different fees here that I don't think that apartment building owners should pay, if lie's
not, you know, directly getting services out of those fees. Now, on my building, I own efficiency
apartments. Automatically, by having this fee on there, I have to increase the amount like thirty to forty
dollars ($40). And inside of the City, people just not making that kind of money to be paying that kind of
rent. So, what you're doing is having people say, "OK. Well, I'll just move out somewhere else." And
you're getting abandoned property in the City. That's what's happening right now. If you drive around in the
City, you'll see that. And that's because people just are not renting. You'll see rent signs everywhere
because it's just getting too expensive to even live in the City. It's getting like you living out in the suburbs
or somewhere, you know, out where it's more fancy. But my tenants, when they, you know, receive the rent
increase, I'll make sure they call you, Commissioner Teele and Commissioner Plummer, and ask you why
that the rate has went up so much? Because they keep asking me. I keep telling them, say, hey, they keep
increasing the amount of these fees; they're putting on more fees, different fees, and people are just saying,
"Well, we'll just move somewhere else." And I'm having empty apartments and it's getting very hard to, you
know, put tenants into these apartments now. And it's about to make the building abandoned, OK? And
that`s what's happening inside the City. You know, I just want to make sure that, you know, people that own
property, they also have mortgages to pay, insurance to pay, water expenses to pay, maintenance costs, the
license fees for the City, the County license fees, and a lot of other things that go with a property. 1f would
have known that before, I probably wouldn't have purchased it. I'm pretty sure there's a lot of other people
out here own properties, are going through the same thing that's just-- you know, it's becoming a cost and a
burden to me to even own property in the City.
Chairman Plummer: How much do you charge for your efficiencies.
Mr. Johnson: For my -- right now its 275, 280. And right now...
211 September 21, 1999
Chairman Plummer: A month?
Mr. Johnson: ...it's efficiencies. And efficiencies in the City on 62nd Street and on 52nd Street, you just
can't raise it that much. You know, I'm -- basically, my clientele is Haitian aid people that just don't make
that much money. You know, it's a lot of people out here that just -- that make five dollars ($5) and
something, it's the minimum wage. By the time they get through paying their rent, they have no money left.
And people are always crying to me about, "Well, you know, why do I have to pay more? I just can't pay
this." And you tell me a reason. 1 mean, maybe it should be different, according to the cost of the property
or according to where the property is located; maybe a different thing. But, I mean -- you know, for me to
go and say, OK, well, you have to pay three hundred and ten dollars ($310) or three hundred and twenty-five
dollars ($325) for a small efficiency that's about the size of this little square area here, people, you know,
they say, "Well, hey, this is just too much." They'd rather pay the extra fifty or sixty dollars ($60) and move
out of North Miami Avenue -- up in North Miami. Furthermore, I don't see why -- if the City of Miami
needs so much money for the Fire Department, why they just don't go with Metro? Have one Fire
Department all around. You know this is Miami. Miami -Dade County, just have a Dade County Fire
Department and leave it at that and, then, you'll probably cut costs.
Chairman Plummer: All right, sir. Thank you. Anyone else wishing to speak?
Ms. Monique Taylor: Hi. My name is Monique Taylor. I am a resident of the City of Miami, 1271
Northeast 85th Street and, also, I have the very mixed blessing at this point of owning low income, small
apartment buildings. And, as Mr. Johnson, my rent for efficiencies -- and there are quite a few of them --
rent in a low three hundred dollars ($300). And when you say that I'm going to have to pay a hundred and
five dollars ($105) in Fire Fee for each of those units, it's actually not so. Because I have a 30 to 40 vacancy
rate at this point. As have all of my colleagues in this business. So, what I'm paying, being that I pay for
empty apartments, is, in fact, almost double that hundred aid five dollars ($105) or that seventy-two dollars
($72), whatever the case is, and we cannot rent -- raise rents at all. People at this point are not paying me.
The reason why I have so many vacancies is because a lot of my tenants have had to move with family; the
economy is poor; they're not earning a living; they can't meet their commitments, and we're absolutely,
absolutely not even struggling anymore. We're drowning and it's not only me. In the French area of Miami
-- and Mr. Teele's district, in particular, where I have one building -- every multifamily unit is for sale.
Buyers are not there. And when people -- when the owners are not able to pay and meet their commitments,
those properties are being abandoned. They're being abandoned daily. And if you gentlemen of the
Commission think you have a problem now, if the City of Miami thinks they have a problem, just wait until
you have to deal with all the abandoned buildings. Just wait. And this is happening. This is happening fast.
People have mortgaged; they've drawn whatever they could and, within two years, you will have, not
dozens, but you will have hundreds of small apartment buildings that the owners can no longer support.
Chairman Plummer: Thank you, ma'am.
Ms. Taylor: That's all I have to say. And, incidentally, if I may say another thing. Reducing the millage by
a few points is not, at all, equivalent to reducing the Fire Fee. Because the millage on an-- in an apartment
building -- 10 efficiencies is 10 units. Ten times a hundred and five. Even if five of them are occupied.
And a bare reduction of one point something or two or five is not going to make it --balance it. Just doesn't
balance.
Chairman Plummer: Your name and address for the mailing.
Ms. Mary Hill: My name is Mary Hill, again, 146 Northwest 67th Street. I'm also a property owner. And
the taxes is just too high. We are taxing poor people out of their !tomes, as stated before. Now, there's a
212 September 21, 1999
remedy that we can avoid some of this. We can cut out some of the different departments, community
services. I don't mean fire services. I don't mean garbage services. I don't mean those type of services. I
mean to add on community services in the community, other than the duties of going out taking care & fire
responsibilities. We can bring this down. We don't have to do this. There is a remedy. There is other
community services are supposed to come under this. Regional office don't have to touch these property
owners, that I have been talking about for many years. And we do not have to do this. The Waste
Department, I know how that came about. The federal funds was supposed to come down. They didn't
come. Then we taxed the property owners. You are taxing us out of our homes and we still not getting
service -- community services to benefit us, the poor people, as these monies coming in here. And we are
tired of being taxed like this. I'm speaking now as a property owner also. And we cannot hardly make our
ends meet because of these different community service programs and pet projects that's coming under these
different apartments. We need to strip it out and let us do our duty, according to what our positions are, and
our departments are supposed to do and stop blowing the budgets and coming in, taking our money, and
putting it under them as community service. Because community service is supposed to be handled in a
different manner of October 1, 1999 and before then. And I just wish you all take this into consideration.
There is another way. Thank you.
Chairman Plummer: Thank you, ma'am. Yes, sir. Your name and mailing address, please.
Mr. Joe Syoh: My name is Joe Syoh. My address 3097 Northwest 6th Street, Miami, Florida. I've been a
resident here for about four years and I understand the problem with taxes. But the biggest problem with
this City -- the biggest problem is, there's no big paying jobs here. There's no industry in this City. The only
thing you've got is the airport, which is owned by Dade. What we need to do is get some industry in here
because we're losing money. As an example. What bothers me is, when I look around at the transportation
here, most of the people are coming from Broward, working in Dade County, taking the high paying jobs
and going back to Broward. We get no taxes, no benefits from that, and that's what's killing us. And, I
mean -- in actuality, Miami's a very cheap city to live in. If you've lived up in New York, if you've lived up
in Connecticut in 1960s, taxes were four thousand dollars ($4,000) a year per house back then. So,
basically, Miami's very cheap. But the problem is, there is no economy in the City of Miami. When you're
on Brickell Avenue, those banks there, they're not just servicing the aboveground economy. This place is
built underground economy that nobody really talks about a lot. But-- I mean, hell -- excuse me for my
language. But, I mean, there was a time when they checked the twenty dollar ($20) bills. Everything had
cocaine on them. I mean, we know what's powering a lot of this economy under here. That's not paying for
anything. And we've got to get some industry. Like I said, we have to get either Casino's or something that
pays a lot of money. Like when you're dealing with transportation things here, wha the County was doing
with trying to get transportation -- they're going against San Francisco, U.S. Silicone Valley; they're going
against Houston, where there's oil money; they're going against Atlanta; they're going against places with big
industry, and unless we get some industry in Miami that pay some decent salaries, this City is dead and you
guys are wasting your time because this place is going downhill. Thank you.
Chairman Plummer: Thank you, sir. Is there anyone else who wishes to be heard? For the second and final
time, before I close the public hearing, is there anyone else who wishes to be heard on the Fire Fee? I'll now
close the public hearing and turn it over to members of the administration and/or the Commission.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, you've heard from many citizens in our community and the
sentiments are probably spread out throughout the community, which are saying that-- what I've said in the
213 September 21, 1999
L
past, is that I believe that this City has not yet made a strong or a committed sacrifice going through the
budget. Now, last year, 14 months ago, when I arrived at this City of Miami, the first thing going through
one of the budgets was, I asked the same thing: Can we make sacrifices? Because it's easy to pass the
burden to our taxpayers and take the easy road and, in the long run, their statement is absolutely right.
When you hit a landlord with a fee -- and it's nothing more than a taxation -- that money is passed on to the
poor individual making 4.25 an hour to support a family. It's the bottom line. Now, we understand and they
understand that this City has gone through a pivotal time in its history, where a lot of mistakes have been
made and, today, most of us up here face the burden to correct these mistakes, and we inherited a lot of these
problems and it's not easy. But I'll tell you this much. Last year, when the budget was presented here, I
didn't support the budget. I voted against it because the City did not make any commitment to reduce the
budget in any way. The budget was not reduced. This year, although we have accomplished a lot --and we
should be proud -- we have gotten, as of today, going from nine point -- from ten millage to nine point five.
We have been victorious to give our taxpayers the biggest tax break relief that they've gotten in 20 years,
and it's not over yet because we're going to continue to work with the administration and we want the
administration to come on board. And I think, this year, when we put 27 department administrators in front
of that -- in front of the dais, something that has not been done, according to J.L. Plummer, for 29 years, we
send out a very strong message, that we -- and these are people that work here. They love this City as much
as we do. Believe it or not, the City's been very good to them and they've been good to the City. But what
puts a community -- brings a community together is when we're all struggling, we all must join hands and
make sacrifices. And I think that, after sending -- and I asked for a 10 percent reduction, which I know I'm
probably dreaming, but I am going to work hard-- and I know my colleagues and the administration is going
to work hard -- to come up with a good, good reduction. Something that has not happened in a long time.
We're not going to give up until we give our taxpayers a break because they deserve it. Because as a
Commissioner up here, I will not pass the burden or continue to pass the burdento the taxpayers until I see
this City tighten up its belt and make sacrifices. And I think, it's not over yet. I think that-- in the next
meeting that we're going to have, I think the administration is going to come back and say, "Look, we may
not be able to get ten million but we got two or three million" and let's take that money and give you a bigger
tax break. And, probably, when we're done, we're going to have a millage. A probably a lower-- very low
millage. So, we're going to have, not even -- we're going to have the biggest tax break, not in 20 years, but
30 some years. And I think that's a step in the right direction for this year. So, with that, I'll pass it on to
anyone else who wants to make a statement on this.
Chairman Plummer: All right. Who wants to be next? Mr. Regalado.
Commissioner Regalado: I'm just, Mr. Chairman, prepared to make a motion, so...
Chairman Plummer: Well, let's give everybody's right to speak first.
Commissioner Regalado: Right. So, I'll just wait until the rest of my colleagues...
Chairman Plummer: Mr. Gort, do you have comment?
Vice Chairman Gort: Well, if you all recall -- and I think Teele and Sanchez were not here at the time when
we had to pass the first Fire Fee. The only reason we had to pass the Fire Fee is because we were requested
to have recurring revenues. We were also requested to have recurring to cut our recurring expenses. We did
quite a bit of that. But I think we can do a little bit more. The reason-- and we made a statement, at least I
did, and I think the Commission at the time committed that if we would find an alternative recurring
revenue, we would lower -- we would not increase the Fire Fee, and that was a commitment and a promise
that I made, personally. Now, I think the Oversight Board have to understand that we have found another
source of revenue, of recurring revenue, where we think it's a lot more fair to everyone in the County, as the
214 September 21, 1999
Board stated. We have a population of four hundred thousand people but, at any one time, because of
tourists and people that work in the City of Miami, we have a population of over eight hundred thousand
people that we provide service to, which 50 percent are not paying any taxes for the service they receive.
So, we found that this was -- this tax was charged to the parking surcharge, as recurring revenue.
Unfortunately, the professional recognized the figure that you all work with, nine point something, but the
board members decided not to accept that and bring it down to seven point five, and that's a difference of
two million dollars ($2,000,000) right there. Our proposal last time is, bring it down to nine point five. And
I can see what Teele saying about bringing the mill down to maybe nine point, nine point one, bat that would
not be, to the apartment building would not be the same as the residentials. The savings in a residential
would be a lot more. So, therefore, I would like to stay with the proposition that we had before, not to
increase Fire Fee at this time and I'm explaining the reasons why.
Chairman Plummer: Well, you know, I voted not to increase the Fire Fee. Yet, if I'm not mistaken-- and,
Don, you tell me if I'm wrong. I'll vote again tonight. But what I don't want to do is to come up on the 26th
with no budget. Now, did you feel your gut reaction or otherwise that if we continued to cut the increase or
don't involve the increase, that they're going to turn it down?
Mr. Warshaw: Yes, that is my gut feeling.
Chairman Plummer: So, I mean, what are we doing here? We're talking about...
Vice Chairman Gort: 3.L...
Commissioner Regalado: No. But...
Vice Chairman Gort: 3.L., and I can understand his point of view, but it all depends on how you present it.
It all depends...
Chairman Plummer: Willy, it's simple.
Vice Chairman Gort: Look, if you tell me, out of a budget of four hundred and seventy million dollars
($470,000,000), we cannot reduce four point five? Give me a break.
Chairman Plummer: Willie, I agree.
Commissioner Regalado: Mr. Chairman? Mr. Chairman?
Chairman Plummer: Wait a minute. Wait. Let me finish. I agree and I totally concur that there is no
question, in my mind, that we can cut, even across die board, one and a half percent a budget. Bit if, in fact,
what we're hearing is that the person who has the right to turn it down and veto it is the Oversight Board,
what are we doing? We're spinning our wheels? When we know -- Willy, excuse me. We have voted
unanimously not to increase the Fire Fee. That was our last action. Am I right?
Mr. Warshaw: Yes.
Chairman Plummer: Was that matter discussed and pretty much decided by the Oversight Board, that that
was not acceptable and they would veto it?
Mr. Warshaw: Yes.
215 September 21, 1999
Chairman Plummer: What the hell are we doing? I mean, what are we playing, games?
Vice Chairman Gott: I disagree. I disagree.
Commissioner Regalado: If I...
Vice Chairman Gort: I believe it all depends on how you present the documents and the papers to the
Oversight Board.
Chairman Plummer: Fine. You know what, let me tell you something. And I don't want anybody to say I'm
playing politics. I'll vote for it again. But you know what? We're playing games.
Commissioner Regalado: No.
Chairman Plummer: We're playing games. Now...
Commissioner Regalado: Excuse me?
Mr. Warshaw: I do want to say a couple of things.
Chairman Plummer: All right. No. Commissioner takes precedence. Mr. Regalado.
Commissioner Regalado: I saw the presentation that you made before the Oversight Board. You were very
adamant in your points. I don't see why not, Mr. Manager, you can go there and fight for us. Not for us.
For the people of Miami. And you and your staff, we pay the citizens, the residents, the people who pay
taxes here, a good salary for the quality of professionals that we have. So, you know, it's like Willy said. It
depends on the way that you present this. It's the appeal. I mean, the Oversight Board has to understand that
they cannot continue ignoring the half a million residents of the City of Miami. That they cannot be so
arrogant that they can just say, "Well, you know, we don't care about the people." So, you know, they will
probably won't listen to me. I'm sure that they don't like me. But I will go there and I just will tell them that
they can't keep punishing the people of Miami. Because if they want to kill the City, well, that's fine. If they
want the City to be abolished, so say it. If they want Miami -Dade County to take over the City because --
you know, in two years, like Monique said, there's going to be vacant buildings. If you go on areas of the
City, Southwest 8th Street, you'll see a lot of vacant places now. And if we continue to do this, you know,
there's going to be more. So, I, for one, Mr. Manager, I trust that you can do it. I trust that your staff can go
before the Oversight Board. And, you know, if we have to go talk to the members of the Oversight Board,
to let them know that people are hurting so much that they cannot just do anymore. So, whenever there is a
time to introduce a motion, I'm ready. I just wanted to say that.
Chairman Plummer: Mr. Manager, you wish to be heard?
Mr. Warshaw: I'd like to say a few words and, then, I'm going to ask Bertha Henry to amplify a few things.
Commissioner, I am going to fight. I'm going to continue to fight. I want you to know that-- and while I
was on vacation at the August Oversight Board meeting, I called in-- and I'm sure you heard -- not only my
pleas, but the staff worked for months around the clock, Saturdays and Sundays, to justify and back up our
recommendation of the nine point seven million be accepted on the Parking Surcharge Revenue. There is
nothing that's changed. We still firmly believe that that nine point seven number should be accepted, based
upon all of the due diligence we did, including working with the State of Florida. But the Oversight Board
chose to take the ultra conservative route and I have to tell you, there was even some talk about not allowing
any Parking Surcharge revenue until there was one year of collections under our belt, which, of course, we
216 September 21, 1999
knew we would never be able to accept that. But I'll tell you again. I am going to fight. We haven't said-- I
mean, look. I work for the City of Miami. There's never any question. I don't work for the Oversight
Board. I try to work with them; try to cooperate with them; give them the information. We have meetings
around the clock with the Estimating Conference, with PFM. They cut through our numbers on an almost
daily basis. It's an ongoing, you know, very painful exercise because while that's happening, we have to
prepare for City Commission meetings; we have to do all of the City's work. I will continueto do this. The
staff will be working for the rest of this week, including on the weekends, and we're going to do everything
we can. But I want to tell you on the record. You know, we don't work for the Oversight Board. We work
for you. And we're committed to do as much as we can. And I was shocked and disappointed, you know,
that the Oversight Board took such a strong position on the Parking Surcharge. Because we felt, if you
remember, we had the seven point one, the nine point seven, and the upper numbers, which were what,
eleven or twelve million dollars ($12,000,000)? And we felt that was a middle of the road, conservative
number that we could live with and we feel strongly we're going to collect those dollars, but it didn't work.
So, we're back to the drawing board. I'd like Bertha Henry...
Chairman Plummer: Ms. Henry.
Mr. Warshaw: But one last comment. I think it's important you also understand that, while the Oversight
Board calls itself the Financial Oversight Board because of strategic initiatives, blue ribbon initiatives, they
play a very active role in decision -making as it relates to infrastructure issues. The issue of cutting back
people across the board, elimination of positions, they've taken strong positions on that issue. So, if I say
that we're going to find two, three, four million dollars ($4,000,000) in the elimination of positions, they've
maintained that there are...
Vice Chairman Gort: Sure.
Mr. Warshaw: ...pieces of that that they won't accept. So, it's not a given if I come to you and say we have
found several million dollars in positions we're going eliminate, they've gone on the record as saying that
what we've tried to do is rebuild the middle management, rebuild the infrastructure this last year or so. It's
not an automatic that, if positions and personnel costs are reduced, that they'll accept that, as well. I'd like
Ms. Henry to, you know fill in some of the latest information. She deals with them on an almost daily basis.
Chairman Plummer: Ms. Henry.
Ms. Bertha Henry: Once again, Bertha Henry, Assistant City Manager. From our last meeting, the
administration was asked to do two things. The administration, at the latter part of the evening or the
morning...
Chairman Plummer: Morning,
Ms. Henry: ...was asked to, at least, bring forth reductions that equal the staying of the Fire Fee. The
administration was also asked to provide, as part of the forecast, the Save Our Seniors Amendment, the
impact of the Save Our Seniors Amendment. The Oversight Board, through this process, the agreement that
you have, requires that you pass a budget and a four -- and a Five -Year Plan, which deals with a forecast.
We are not, today, as we speak, we are not attempting to address a four point two million dollar
($4,200,000) budget reduction. We are attempting to address a seven point one million dollar ($7,100,000)
budget reduction, and the seven point one million dollars ($7,100,000) comes from the budget that was
approved by the Oversight Board, said to the administration, we want you to cut seven hundred thousand out
of there. Take it out. We feel that we need to have a -- the staffing should be the same as FY-99 and, to do
that, that's seven hundred thousand dollars ($700,000). The City Commission asked us to provide for, in our
217 September 21, 1999
plan, two point two million dollars ($2,200,000) for Save Our Seniors. The City Commission also asked us
to bring expenses down to deal with the four point two million. What we are attempting to address-- and
this is why I feel it's important that we put on the record that, I don't believe that we will be able to come up
with seven million dollars ($7,000,000) worth of cuts that will be acceptable to the Oversight Board.
Commissioner Teele: Say that again for me.
Ms. Henry: I do not believe that we will be able to come up with seven million dollars ($7,000,000) worth
of cuts that will be acceptable to the Oversight Board.
Commissioner Teele: How do you get the figure seven million?
Chairman Plummer: Fourplus three.
Mr. Warshaw: It's the four point two, plus the two point two for Save Our Seniors, which is six point four.
Plus, seven hundred thousand that the Oversight Board has asked us to find over and above that. And that
seven hundred thousand is something that we know we can find and we will. So, in reality, we're talking
about the six point four million dollars ($6,400,000), which is a big number.
Commissioner Sanchez: Save Our Seniors is not this year. It's next year.
Ms. Henry: While I understand it's not this year, it does affect the Five -Year Plan and the forecast, and they
-- we are required, under the agreement that we have with the Oversight Board, to submit a budget and a
Five -Year Plan, and that plan has to address a balanced budget over the five-year period.
Mr. Warshaw: And let me just add. What the Oversight Board is really saying is, to put this into simple
terms. If you lower the millage or lower the Fire Fee and you don't accommodate for Save Our Seniors,
what they're saying is -- and it's pure speculation -- that next year we can't find the money, there's no way
you're going to raise the Fire Fee or raise the millage back. So their fall back position is, find it this year.
And I understand, again, that that is a very unreasonable or somewhat unrealistic standard that most cities
would never have to face, but they're telling us on the record, that's their expectation. And I think you need
to hear that from me.
Commissioner Teele: Well, you know, Don, I respect you. But, you know, here we go again. Now, this is
the first time I've heard today -- you know, this thing started at 5 o'clock -- that we are now looking at an
additional three million dollars ($3,000,000)-- is that the number for the Save Our Seniors?
Commissioner Sanchez: Two point two.
Ms. Henry: Two point two million.
Mr. Warshaw: At the end of the last Commission meeting, the Save Our Seniors issue came up.
Commissioner Teele: No, no, no, no. I'm talking about the Oversight Board. You know, you gave us a
briefing at 5:02, in which we talked about the four million dollars ($4,000,000), OK? There was a long
discussion about the four million dollars ($4,000,000). And I said then, we need a memo. We need
something. You know, we have nothing from the management; we have nothing from the attorneys; we
have nothing from all these people that go up to the Oversight Board. There's a transcript somewhere. Who
the heck needs a transcript, if it's not us?
218 September 21, 1999
Mr. Warshaw: Well, we don't have a transcript.
Commissioner Teele: The Governor doesn't need the transcript. The Mayor doesn't need the transcript.
The Commission is the one who needs this. Because this is the first time now that I'm hearing that we need,
this year, to -- that we need, this year, to account for the Save Our Seniors from the Oversight Board.
Mr. Warshaw: And, Commissioner, respectfully, again, the Oversight Board's functions are similar to the
Commission, in that they make a lot of comments as individuals. And I'm not going to say -- and I heard
what Ms. Henry said, that if we came up with four point two million, that that wouldn't be sufficient. I
understand...
Commissioner Teele: But, Don...
Mr. Warshaw: ...individual members have said, we thought we had the nine point seven million dollars
($9,700,000) covered in the Parking Surcharge and, really, it was one member of the Oversight Board who
drove home the point where, eventually, we lost that nine point seven. So, we don't have a clear mandate
from them, that we have to find "x". We're just giving you a lot of gut feelings based upon a lot of loose
conversations that occurred...
Commissioner Teele: But, Don, we need those gut feelings and we need those gut feelings memorialized in
a written memorandum, that our staff, if we have a staff that analyzes budgets, that we can confer with
experts in the area, that all of us may have -- the people that try to advise us from our districts, and talk to
people on what it is they think is necessary. And -- I mean, I hold the City Attorney, with all due respect,
equally responsible because we have nothing before us. Now, I want to be -- Don, I want to be clear on one
thing. If the Oversight Board is saying that, in the Five -Year Plan, we must make provisions this year for
the Save Our Seniors in next year's -- you know, which is what they require. The Five -Year Plan is -- it's a
moving document. We all know that we've got the Save Our Seniors, but it was my understanding that there
was no fiscal implications this year. That's my understanding. If the City Attorney and you would give us a
joint memorandum that says that you are of the opinion, professional opinion, that the Save Our Seniors has
zero for fiscal implications this year, which -- it either does or doesn't -- then my position is, the Oversight
Board is in error on that issue. But if the Oversight Board is saying what I think they could be saying, and,
quite frankly, should be saying, is that we must make provisions this year in our Five -Year Plan, beginning
next year for the Save Our Seniors, I would agree with that. Because we do have to make that provision.
And that's a big difference. It's a big difference between saying that, in year one next year, that is, in the first
year after fiscal year -- the fiscal year 2001, that we've got to have a number of new revenues or revenues to
account for the Save Our Seniors. If they're saying that, 1 support them in that. But if they're saying that
we've got to do it this year, I will not support them in that and I think we need to take it up to the Governor.
We need to take it up with whoever we have to take it up to because that's not proper. So, my bottom line
on this is this. We need to know exactly what the professional opinion of )our staff that went and covered
the Oversight Board is and what the challenge is for us, and we need to hear that from the City Attorney, as
well, and we need to hear that in writing. I am of the opinion that we must come up with recurring revenues
this year, equal to the amount that we said last year in -- you know, that we would do in year -- in this FY
2000. And I think that if we don't do that, we have a problem. But I will say this. I don't think the
Oversight Board can mandate the ad valorem tax rate because that elasticity is still there. And if we don't
need it, then they should not force us to have higher taxes on the citizens of Miami than is absolutely
necessary. And to the extent that citizens have said, they elected us to do that, that's Where we have to put
our foot down. And if we can take this rate from 10 mills to nine point seven mills or nine point five mills
or, for that matter, nine point four mills, it's nobody's business but ours, as long as we meet the requirement
of new revenue that we agreed on.
219 September 21, 1999
Chairman Plummer: All right. The floor is open for...
Vice Chairman Gort: Let me give you...
Mr. Warshaw: One more comment I'd like to put on the record.
Chairman Plummer: Oh, yes.
Vice Chairman Gort: Don, let me give you an example.
Chairman Plummer: One more comment.
Vice Chairman Gort: Let me give you an example. I didn't request, in my budget, to be increased by twenty
thousand dollars ($20,000).
Commissioner Sanchez: Neither did I.
Commissioner Teele: They cut it.
Chairman Plummer: That's what was going to be probably told to you on Thursday.
Vice Chairman Gort: Fine. And I said it from the first time, we didn't-- 1 didn't request my budget to be
increased by twenty thousand dollars ($20,000). I don't need to have that increase. In fact, I've given money
back in the last two years.
Chairman Plummer: All right. You want to make a comment before I'm going to close everything?
Mr. Warshaw: Just as a follow-up for Commissioner Teele. There are two additional Oversight Board
meetings via conference call, scheduled for next week, and you'll have that information in the morning, if
you haven't gotten it already by memo.
Commissioner Teele: What dates are those meetings?
Mr. Warshaw: The 27th at I p.m. and the 30th at 8 a.m. Now, I can tell you now, based upon the fact...
Commissioner Teele: The 27th at what time?
Mr. Warshaw: The 27th at I p.m. The 30th at 8 a.m. The fact that we don't have a transcript from the last
meeting gives me a comfort level or a discomfort level, we're not going to have a transcript from either one
of these meetings in time for you to make some...
Commissioner Teele: I tell you one thing. I'm going to turn to this Clerk over here andtell him that he -- if I
get a second -- that he's directed to do what every other law firm does when they're ready to take serious
action. They bring their own court reporter right in there and they get-- and at 1:00 that night, four o'clock
that morning, they turn out a transcript, and it's that simple. And at the end of all of this, we're going to do
something we rarely do and, that is -- we have three different offices that report to us: A Manager, an
Attorney and a Clerk, and I'm going to instruct the Clerk, so that we all have the same level of information
on what was said and what wasn't said, that that's his job from now on, to have a nice young lady like that, or
a man that's just as nice, to go there and do the same thing that every other majer company in this country
would do, if they were dealing with the kind of issues were dealing with.
220 September 21, 1.999
1 A�
Chairman Plummer: All right.
Mr. Warshaw: My suggestion, also, is...
Chairman Plummer: All right. Look...
Mr. Warshaw: ...you or members of your staff -- you know, there are dial -in capabilities; the media was on
the line last time. I think some of your staffs were on the line. But you should be aware-- and we'll make
sure you have the numbers that, if you want to participate, dial in, or just listen, that, certainly, you should,
you know, participate in some way.
Chairman Plummer: The floor is now open for a motion. The floor is now open for a motion.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I have a motion to direct the administration not to raise the Fire Fee and look for
the amount of money that was scheduled on this budget, that is, four point two million dollars ($4,200,000)
in order for the Fire Department to have their new equipment. That would be the motion.
Chairman Plummer: Is there a second? Is there a second?
Seconded for purposes of discussion, which we just really need more.
Commissioner Teele: Who did that?
Commissioner Sanchez: Willy.
Chairman Plummer: OK. Who wants to discuss it?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele. I figured.
Commissioner Teele: I believe this is a very, very dangerous course of action that we're about to pursue. I
deeply respect my colleagues, who have made the motion and the second. I am not directly affected by this,
in terms of my constituency. Although, I think we all equally have constituencies affected. But I think we
need to be very careful that we don't play into a much broader agenda that is being set for us and, that is, that
we are not responsible. I would hope that we would live tip to our commitment that we made as a part of the
Five -Year Plan last year. And we all went around and had this discussion about theout-year numbers are
real numbers and we had that discussion. If you go back and pull the transcript, we said "don't vote on an
out -year number if you don't believe in it because it's going to come back to haunt you." Well, it's back
here. The Fire Fee is a real number. Now, let me tell you this. This is a dangerous game because, if we
don't do this today and we take this thing to the edge, it's going to cost us a substantial more money and I'll
tell you why. First, we're going to miss the tax bill an this issue. Once we miss the tax bill and the
Oversight Board orders it -- and let's be very, very clear. It may be good politics in some peoples' districts
that it happen, and I'm not-- I'm just speaking generally. I'm not, at all, condemning anyone But I can tell
you, there is one district that this is going to absolutely be a nuclear bomb, and I think we can all figure out
how this thing plays out. And I'm just as committed, as a collegial body, to the guy that I disagree with the
221 September 21, 1999
most, is the guy that I agree with the most up here. And, so, if the Oversight Board uses its power and
orders this Fire Fee, which they will do if we don't come up with recurring revenue, in my opinion, this
Commission is going to be labeled as irresponsible; it's gong to be labeled as a Commission that should be
removed; there will be calls to recall us, and there is one person in this room or building that will be more
than happy to grab that spear and continue to charge. You're going to see a whole array of actions that will
take place, but the worst thing is going to be, that it's going to cost the citizens of Miami more because the
budget is predicated on this being on the tax bill. I need to know, what is the collection rate, based upon the
tax bill -- is our consultant here from Tallahassee on this thing, that can give us the experience of not just
Dade County -- I mean, the City of Miami but all over the state?
Chief Gimenez: No, sir, the consultant's not here.
Commissioner Teele: Do we have an expert that can tell us, to a mathematical --some degree of certainty as
to what the collection rate will be on the tax bill and what the collection rate will be if we do it by hand and
what the additional cost is when we do it by hand? Because if the Oversigit Board imposes this, they're
going to make sure that the numbers are whole and it's not going to be four point one. Is it four point one
that we're raising now?
Chief Gimenez: I believe so, sir. It's about four million dollars ($4,000,000).
Commissioner Teele: It's going to be closer to four point six, four point seven, four point eight. I can tell
you that. Because it's going to be an additional cost to collect it, mailing it out, handling it, all of that, and it's
going to be an additional cost -- I mean, additional amount that will not be collected because that method is
not as cost-efficient or as accurate as doing it by hand.
Chief Gimenez: I can tell you this, sir, that, in our first year experience, the collection rate was lower than
had it been on the tax bill.
Commissioner Teele: Look, what is it-- when you say lower, what was our collection rate the first year?
Chief Gimenez: I don't have those figures in hand. Go ahead.
Ms. Henry: Bertha Henry, Assistant City Manager. Our experience with Solid Waste, when we -- which is
a similar, where we bill out, make billings, our collection rate is around 85 percent. And with...
Commissioner Teele, And what is the collection rate?
Ms. Henry: ...the property taxes, it would be in the neighborhood of 96 percent.
Commissioner Teele: OK. So, you know, 10 percent of four million dollars ($4,000,000) is four hundred
thousand dollars ($400,000.00), plus the cost of doing it is going to be another hundred, hundred fifty
thousand dollars ($150,000). So, this four million dollars ($4,000,000) to the Oversight Board, coming back
to our citizens -- and I'm telling you. Our citizens are not going to think we're acting responsibly if we hit
them with an additional six or seven hundred thousand dollars ($700,000) because we dared them and called
them chicken. Now...
Vice Chairman Gort: Teele, let me ask you a question. Do we have a commitment, if we maintain the Fire
Fee the way it was put in the Five -Year Plan, that we would reduce -- the same amount in the millage to
acquire the same thing?
222 September 21, 1999
Commissioner Teele: We don't have a commitment, but I think we could-- I think a part of what we ought
to do on Saturday or part of what we ought to do on tonight is to send them a memo or a statement that it is
our goal to reduce the ad valorem taxes by an equal amount of money and basically say, we feel that this
meets not only the constitutional responsibilities that we have but it also preserves the future elasticity of
new revenues. Because we can always take the ad valorem taxes back up. See, the problem that we've had,
Willy, is that, at 10 mills, you have no options. Because 10 mills is a constitutional limit. So, at that point,
they can demand a new source of revenue for everything. If we drop down below 10 mills, I think we can
win in court; that we, in fact, have done what we've been required to do. Mr. Attorney, I think you can give
us a legal opinion and if you don't agree with me, as you frequently don't, I would expect you to give me an
opinion that you don't agree. But I would ask you right now for a legal opinion as it relates to the elasticity
of the -- and the authority of the Commission to raise additional revenues and, therefore, meet the intent of
the Interlocal Agreement and, specifically, as it relates to the FivoYear Plan.
Chairman Plummer: Pay me now or pay me later.
Mr. Vilarello: If you increase the Fire Fee, as you had proposed in the Five -Year Plan, you still have
significant room to move with the establishment of the millage rate, reduction in costs and expenses at next
-- at the meeting of the 28th. If you don't increase the Fire Fee, you face all of those additional burdens.
One, if you ultimately raise it later, you have the additnnal collection costs, the lower rate of recovery that
you mentioned, and you have less room to move. So, certainly, increasing it gives you more options next
Tuesday.
Commissioner Teele: And I've got to tell you something else. If the Oversight Boad is in Florida, it's
subject to the Florida Constitution, and they have a problem raising the millage rate beyond what the Florida
Constitution allows and the timetables and the structural constraints that are imposed by the Florida
Constitution. They are not a federal judge.
Chairman Plummer: All right. We have a motion on the floor. The motion is that the administration be
instructed...
Vice Chairman Gort: Take the second away.
Chairman Plummer: Took the second away. We don't have a :notion on the floor without a second.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. -- well, wait a minute. The second time, is there a second to the motion? For the
third time, is there a second to the motion?
Commissioner Sanchez: Second to the motion. I strongly believe...
Chairman Plummer: Second to the motion by Sanchez.
Commissioner Sanchez: I believe that the administration can reduce the budget, at least with one point five,
and come up with that four million dollars($4,000,000). Hey, let me tell you. You know, I don't represent
the Oversight Board. I represent the people. And if they want to be the ones that are going to raise the
taxes, so, let them raise the taxes. I didn't vote for the Fire Fee the first time I'm not going to vote for it this
time. You know, once you come back and you give me a reduction of this budget, then I'll consider it. If
not, I'm not going to vote for it. Period.
223 September 21, 1999
Chairman Plummer: There is a motion on the floor, duly seconded, for the purposes to instruct the
administration to inform the Oversight Board there will be no increase in the Fire Fee.
Mr. Vilarello: Commissioner?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: This motion, as I hear it, is a motion to leave the Fire Rescue Assessment at last year's level.
If this motion passes, then, we have to give you some numbers and you have to pass a resolution reimposing
the Fire Fee, and you have to do that this evening.
Commissioner Regalado: One quick question for Bertha, please. Does the Oversight Board have to consult
with the Governor in order to make a decision to raise any fees?
Mr. Vilarello: Commissioner, the City entered into an agreement with the Oversight --with the Governor of
the Oversight Board.
Commissioner Regalado: I know. I know. But my understanding is that they have to consult with the
Governor or they can make that decision by themselves, as a group.
Mr. Vilarello: The agreement between the parties says that we won't spend dollars, unless it's in accordance
with a budget approved...
Commissioner Regalado: No, no. I'm saying...
Mr. Vilarello: I'm getting to -- I'm sorry. To give you the long answer to the, perhaps, the short question.
That we won't spend any dollars, unless it's pursuant to a budget approved by the Oversight Board. The
Oversight Board, in and of itself, doesn't have any enforcement powers. It must make a recommendation to
the Governor and the Governor has certain authority, under State Statute, b take an enforcement action.
Commissioner Regalado: Right. That's all I wanted to know.
Chairman Plummer: OK. Are we ready to vote?
Commissioner Sanchez: Yes. There's a motion and a second.
Chairman Plummer: OK. Call the roll.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-682
A MOTION DIRECTING THE CITY MANAGER TO REDUCE THE
PROPOSED CITY OF MIAMI BUDGET FOR FISCAL YEAR 1999-2000 BY
THE APPROPRIATE AMOUNT ($4.2 MILLION) IN ORDER TO LEAVE
THE FIRE RESCUE ASSESSMENT AT LAST YEAR'S LEVEL; FURTHER
DIRECTING THE MANAGER TO FUND NEW EQUIPMENT FOR THE
FIRE DEPARTMENT.
224 September 21, 1999
W
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
0
Chairman Plummer: God save the queen. Now, the next one is in reference to...
Mr. Vilarello: No. No, Commissioner. No. Commissioner, we're not done. This resolution needs to be
adopted.
Chairman Plummer: All right. Mr. City Attorney. Remember, we've got one more here on Sanitation.
Mr. Vilarello: I need two numbers, Chief or Ms. Henry.
Chairman Plummer: I assume we have to. It's on the Trim Bill.
This one shouldn't take long.
Mr. Vilarello: The amount-- the gross amount that would be generated by leaving the Fire Assessment Fee
at the same rates, as they are this year.
Chairman Plummer: All right. What do we need to do?
Mr. Vilarello: You have to adopt a resolution reimposing the Fire Assessment at the same levels as you did
-- as were in place this year.
Chairman Plummer: Is there a motion? Mr. Regalado?
Mr. Vilarello: You need some numbers, Commissioner, before you act on that.
Chairman Plummer: And who gives us the numbers?
Mr. Vilarello: Can I use last year's numbers?
Chairman Plummer: Give us the numbers.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Hold on, Mr. Teele. We've got to get these numbers on the record. Give me...
Mr. Vilarello: The resolution before you would be modified to estimate a gross amount of revenues,
commencing October 1, 1999, of sixteen million eight hundred and forty-seven thousand dollars and eighty-
six cents ($16,847,086). That would provide a breakdown in the appendix to the resolution, which in...
225 September 21, 1999
Chairman Plummer: Hey, guys, where are we? All right. Go get your numbers and come back. We'll do
the Fire Fee and, then, we'll do the votes.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to request that the City Clerk, to the extent that you have the authority
within your budget, that you cover all Oversight Board meetings, especially the one on Monday, with a court
reporter, and to provide a transcribed draft, that is, a draft, within the soonest possible time and that, within
two weeks, you provide an edited version. That means, the one that's going to come out is going to have a
lot of errors in it and it should be stamped draft on all pages so that everybody understands that this isn't
your work, that this is just something to do.
Chairman Plummer: Motion by Teele, that the Clerk be instructed to do this, hopefully, within his budget.
If he cannot, then, we will authorize the funds. Is there a second? Is there a second?
Commissioner Sanchez: To do what?
Commissioner Teele: To get the Clerk to give us a transcript.
Commissioner Sanchez: Yes, sir. Second.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Coliectively): Aye.
Chairman Plummer: All opposed? It is unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-683
A MOTION DIRECTING THE CITY CLERK TO COVER ALL STATE OF
FLORIDA FINANCIAL OVERSIGHT BOARD MEETINGS (ESPECIALLY
THE MEETING SCHEDULED FOR NEXT MONDAY, SEPTEMBER 27,
1999) WITH A COURT REPORTER; FURTHER INSTRUCTING THE
CLERK TO PRODUCE A DRAFT TRANSCRIPT OF THE PROCEEDINGS
AS SOON AS POSSIBLE AND PROVIDE A FINAL TRANSCRIPT WITHIN
TWO WEEKS OF THE HEARING; FURTHER STIPULATING THAT FUNDS
FOR THIS SERVICE BE ALLOCATED TO THE EXTENT POSSIBLE,
WITHIN THE CURRENT FY '99 BUDGET OF THE CITY CLERK, AND IF
NECESSARY, THE CITY COMMISSION WILL AUTHORIZE ADDITIONAL
FUNDING.
226 September 21, 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.
ABSENT: None.
Chairman Plummer: You have the -- all right. Now, we go to Item 55 on the Sanitation. I don't think there's
any big deal on that. Is there?
Commissioner Sanchez: On the what, sanitation?
Chairman Plummer: Sanitation. It's on the Trim Bill. Is anybody wishing to speak to Item 55 in relation to
the sanitation fee? I've opened the public hearing, asking if anybody wants to speak to it. Uh oh.
Mr. Manuel Gonzalez Goenaga: Well, if nobody -- I am a "contrarian," you know. And let me tell you.
Now...
Chairman Plummer: The in-house expert.
Mr. Gonzalez-Goenaga: ...when 1 see the interest of the citizens coming here to protest and there is no
protest with a -- except with a few -- then, I give you authority - no, they only do it, let me tell you, with an
exception. In the Hispanic radio station, I give you authority to increase all fees and add a police fee and
add more fees and more fees so you can balance the budget and we have an extra amount and raise your
salaries and raise the salaries of all these-- because let me tell you. On the previous budget, I did not leave.
I stayed here until 3:30 in the morning because I was surrounded by millions of dollars of all the heads of the
departments of the City of Miami, and I wanted to be among the rich people of the City of Miami. And Mr.
Plummer did mention here that every time we have a public disturbance, it cost us one million dollars
($1,000,000). Well, that night there was more than a public disturbance because we were here. I saw plenty
of all these department heads and they are worth much more than a million dollars ($1,000,000). I hope you
got the message.
Chairman Plummer: Thank you, sir. All right. Is there a motion on Item 55? Leo you wishto speak, sir?
I'm sorry. This is on Item 55.
Mr. Cary Johnson: Yes, sir. Putting the garbage fee on the County taxes again, right?
Chairman Plummer: Yes, sir.
227 September 21, 1999
Mr. Johnson: Yeah, right. That's another thing. Is that, you know, like I was saying earlier, 1 don't think
that should be done for the reason that my taxes already running on a ten unit building. I'm paying over five
thousand dollars ($5,000). And, I mean, then, to throw on some more taxes all at the same time, I'd rather
pay a garbage fee -- if I'm going to pay a garbage fee, you know, once a year, twice a year, whatever, at a
different time than paying it all at one time, having to come up with all that amount of money at one time.
So, you know, just stacking everything on the end of die year is very costly for me to come up with all that
kind of money. And like I said, that's another expense that, you know, I would put on, like I said, to the
tenants, but I know already that the garbage fee...
Chairman Plummer: Sir, you don't have a garbage fee, do you?
Mr. Johnson: Yeah, on another one of my properties, I do. On a four unit complex. I own quite a few
buildings in Miami, and that's what I'm saying. It's going to be a big downfall with my tenants. Because
Arthur Teele wanted to say, "Well, hey, yeah, charge them," which my tenants are saying, "Hey, they're not
coming up here right now." But I can bring in 50 people at any time and a whole lot more that's not going to
agree with the increases that they're going to receive on their rent because, Like I said, inside of the City of
Miami, which I don't know if Arthur Teele lives there or not, but he needs to drive around a little bit more
because he'll see a whole lot "For Rent" signs and he'll see a whole lot of abandoned property, and that's
what this City is getting to. So, what they're doing is passing on -- increasing everything because more
people are leaving the City. That's what's happened. Instead of trying to bring people back into the City and
have people pay a reasonable amount and stay in the City and being able to pay more money into the City,
what's happening is that, it's taking the people out of the City and that's the reason why, probably, you
increased a lot because you're losing the amount of money that people -- the abandoned buildings and all of
that that's coming up. And, you know, I'm not just -- you know, I'm speaking from reality or what's
happening, OK? Not just, you know, because you need money or whatever. I know the City needs money
for a lot of different reasons because I've been living here for quite a while, and it's not only because of the
taxpayers' reasons. It's other things. But to start, you know, putting all this amount on the people that's
trying to, at least, make it-- and my buildings are just breaking even. They're not making money. In fact,
you know, I'm losing money now. I'm taking out of my pocket, putting my money down I'm earning
everyday into paying the bills because it's just getting to be extraordinary for a pers)n that's living on a
certain amount of income, that's going out there everyday trying to work and make five dollars ($5) or
something an hour, to be paying three hundred and fifty dollars ($350) for an efficiency and that's what it's
getting to. It's just getting overpriced.
Chairman Plummer: Thank you, sir.
Ms. MaryHill: I would like to speak to the Solid Waste services. First, I would like to ask the question.
Chairman Plummer: The speaker is Mary Hill.
Ms. Hill: Well, I said it so much, I think everybody should know that by now. What is the Solid Waste
services? What is this? I mean, you put these things on the...
Chairman Plummer: Garbage and trash pick-up, also street sweeping and...
Ms. Hill: OK.
Chairman Plummer: Yes.
Ms. Hill: Because we're still being taxed and sometime we have dates that the pickup services, they don't
228 September 21, 1999
L
show up until a couple of weeks or so. What happened to that extra money? They don't-- we never get it
back. We don't get the services but we -- the tax payers is the least one to get anything back. I notice that
the Commission get paid back some time from things that they went out, but the property-- they're owners,
too. And the taxpayers, they need to have something back some time. And this is a time now to give us our
reward and give us something back and stop just taxing us and taxing us and taxing us. I'm telling you,
speaking for myself, I am tired of these taxes. Sometime you have to miss a meal in order to pay these
taxes.
Chairman Plummer: Thank you, ma'am.
Ms. Hill: OK. Thank you.
Chairman Plummer: OK. Is there a motion? I'm sorry. Is there anybody else in the public that wishes to
address the issue in reference to sanitation? I'll now close the public hearirg and ask for a motion.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Motion understood? Call the roll.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-684
A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE
PROVISION OF SOLID WASTE SERVICES, FACILITIES AND
PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING
SOLID WASTE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR
THE PARTIAL FISCAL YEAR BEGINNING JANUARY 1, 1999;
APPROVING THE RATE OF ASSESSMENT; APPROVING THE
ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
229 September 21, 1999
Chairman Plummer: All right. We're now going to take up the boat issue...
Commissioner Teele. Mr. Chairman?
Chairman Plummer: ... because we don't have the other issue ready.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Regarding the Five -Year Plan.
Chairman Plummer: Yes, sir.
Commissioner Teele: As it relates to the three million dollars ($3,000,000) for FY2001, speaking for
myself and on these 4-1 votes, I seem to always get the wrong vote here. I believe that the FY 2001 should
consider adjusting the Solid Waste fee to what it cost to provide the service. I don't think we ought to have
any more fire fees. I mean, I think we've heard from the citizens on that issue and I would hope that you
would provide, as least, an option, on Wednesday night, that would...
Chairman Plummer: Tuesday night.
Commissioner Teele: Tuesday night. That you would provide for an option that world have the Solid
Waste fees as a source of any future adjustments mandated by the Oversight Board and not the fire fee.
Ms. Bertha Henry: OK. Once again, Bertha Henry, Assistant City Manager. The issue for the Oversight
Board is recurring revenue to meet recurring expenses. If we use the fire fee, which would be considered a
recurring revenue source to supplant any future fire fee, or the more immediate issue is to Save Our Seniors
Amendment, I can imagine that would be a problem for the Oversight Board.
Chairman Plummer: All right. We're now on the boats.
Commissioner Teele: Would you provide me with that option on Tuesday night?
Ms. Henry: Yes, sir.
Commissioner Teele: That is, to adjust the residential garbage fee to what it cost in lieu of any other
revenues that may be proposed.
Chairman Plummer: Hopefully, they might be able to give it to us Saturday.
Ms. Henry: Yes.
Commissioner Teele: Hopefully, Saturday. That's right.
Ms. Henry: Yes.
230 September 21, 1999
Chairman Plummer: All right. Let's do the putt -putt of the submarine.
Ms. Christina Abrams (Director, Public Facilities): All parties agreed on amendment to Section 50310, the
Sightseeing Boat Limitation, which allows an existing sightseeing boat operator, in good standing with the
City, to have a second boat if their boat is out on repairs.
Ms. Lucia Dougherty: You have a copy of the ordinance in front of you...
Chairman Plummer: I do.
Ms. Dougherty: ...that has been signed off by everybody.
Chairman Plummer: Is there anybody on the Commission that wishes to discuss the issue?
Vice Chairman Gort: Move it.
Commissioner Sanchez: Move it.
Chairman Plummer: Motion is moved by Gort. Seconded by Sanchez. Any further discussion? Call the
roll.
Mr. Vilarello: No, Commissioner. It's an ordinance.
Chairman Plummer: I'm sorry. Read the ordinance.
Mr. Vilarello: The ordinance -- the caption changes only in one word and that word is changing the word
"second" to "replacement." I'll read that into the record.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 50/ARCILE V/DIVISION 3 OF THE ODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SHIPS, VESSELS AND WATERWAYS/CITY
MARINAS/COMMERCIAL VESSELS"; TO ALLOW CURRENT
SIGHTSEEING BOAT DOCKAGE AGREEMENT HOLDERS
OPERATING WITHIN THE INSIDE BASIN OF MIAMARINA TO
OPERATE A SECOND SIGHTSEEING BOAT UNDER CERTAIN
CONDITIONS; MORE PARTICULARLY BY AMENDING SECTION
50-310; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
231 September 21, 1999
W
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: Call the roll. You got the numbers yet on the fire?
Ms. Dougherty: Thank you.
Ms. Abrams: Thank you.
Mr. Vilarello: Did you do a second roll call?
Chairman Plummer: Second roll call on what?
Mr. Vilarello: Item 2.
Mr. Walter Foeman (City Clerk): Item 2, is it an emergency?
Chairman Plummer: Yes, it was an emergency. Item 2.
Mr. Foeman: OK. Second roll call.
Mr. Vilarello: I'm sorry, Commissioner.
Chairman Plummer: Wait a minute.
Mr. Vilarello: I stand corrected. My mistake.
Mr. Foeman: It's on the agenda as a first reading.
Mr. Vilarello: It was a first reading.
Chairman Plummer: We're tying it up at the dock.
Mr. Vilarello: I apologize. I thought it was an emergency.
Chairman Plummer: All right. So, it will be on for second reading at the next meeting. All right. What did
232 September 21, 1999
we do with the hubcaps? Have we settled that out yet? Next agenda.
Chairman Plummer: All right. Well, I guess we go to garbage. I want to ask a quickquestion on garbage.
Mr. Sanchez, did you, in fact, at any time, take into consideration-- and, Mr. City Attorney, I keep bringing
this up. I don't know where we are with Bedminster.
Mr. Alejandro Vilarello (City Attorney): We're in litigation on tluir fifth amended complaint.
Chairman Plummer: All right. But, I mean, are they completely out?
Mr. Viiarello: Pardon me?
Chairman Plummer: Is Bedminster completely out of the picture, as far as you're concerned?
Mr. Vilareilo: At this moment, yes.
Chairman Plummer: All right. That's the question I needed to ask. All right. We're now talking garbage,
and Mr. -- who? Who wants to do what?
Commissioner Sanchez: Mr. Chairman, if I may?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Just for information. You know, through the whole process of sitting down with
19 out of 20 businesses and coming up with an agreement through many, many hours of negotiations and
discussions, we were able to come together with an RFQ (Request for Qualification) that will bring in or
could bring in almost four million dollars ($4,000,000) from the 20 percent fee, and there's some other fees
that will probably bring in one point two. That is just about, approximately, five point two millon a year.
And we were able to also, through the cooperation of these 19 businesses, which opens the door for
competition, and there is -- there was some commitment by the companies that all said that they would chip
in and provide services -- free service to the City. That's also an additional savings of about three hundred
and forty-seven thousand dollars ($347,000). So, through these meetings, I think that we were able to
accomplish a lot of things. Of course, we did set up a process and, you know, rm really hurt that, after this
-- so much time and effort, not only of myself but all the companies that got together because they felt that it
was right. Nobody has a right to tell somebody that there's only one company that could pick up your trash,
and if that company or whichever company may be, come out and say that they're going to save this City a
lot of money, then, they have the right. And if it needs to go out on an RFP (Request for Proposal), then, I
think, that, you know, through the process of competition, in all fairness, everybody should go out for the
process. But I think that we have come to a point where we have made too much progress to stop and come
back and renegotiate everything and start all over from scratch. You know, this is something that the City's
counting on for our financial recovery. This is something that the Oversight needs to see, that we are acting
in good faith; that we're doing everything we can to be fair with people and to bring in new, fresh recurring
dollars. And with this process set forth, we would be able to bring close to five point two million dollars
($5,200,000). So, saying that, I would like the City-- Assistant City Manager to elaborate on some of the
other factors that were discussed earlier today.
233 September 21, 1999
Mr. Raul Martinez (Assistant City Manager): I thank you, Commissioner. Raul Martinez, Assistant City
Manager. And, Commissioners, back on July 27, this Commission approved an RFQ for non-exclusive
franchise agreement for us to go out with that type of paperwork. Back on August 6, the RFQ was issued
with a return date of August 27. Twenty-one companies responded to it. We put together a Selection
Committee that evaluated the responses. Nineteen out of the 21 companies were deemed responsive. We're
now -- in front of you, we have prepared a package to you that concludes four things. The first is the
resolution. Attached to the resolution is a list that lists the 19 companies that were responsive and two
companies that were deemed not responsive. Therefore, they were disqualified from the RFQ. Attached to
it, too, is the RFQ which you approved, and also the exclusive-- the non-exclusive franchise agreement that
you approved to July 27. We ask the Commission to allow the Manager to go forward and sign this
franchise agreement with the 19 companies that were deemed now qualified.
Mr. Alejandro Vilarello (City Attorney): That would be at the --after you finally adopt the ordinance on the
28th.
Chairman Plummer: OK.
Commissioner Regalado: Question.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I -- first of all, I'd like to commend Commissioner Sanchez. tie's been working
many hours on this issue, but I really like to complain about the administration because I have neve5 ever
have been briefed on this issue. I don't know if I should have, but I have -- the first thing that I got is this,
plus, you know, the back-up material from the other companies. I have never ever received anything. I did
receive something on this plan that Republic sent by fax. I just want to know why is it that we weren't kept
informed, Mr. Manager?
Mr. Martinez: And, Commissioner, I apologize if you feel you weren't briefed. There were several memos
prior to us -- prior to the July 27 meeting that brought up the options of franchise versus non -franchise on
July -- you know, there was even a workshop, a Commission workshop...
Commissioner Regalado: No, I was here. No, I was here.
Mr. Martinez: ... that you participated.
Commissioner Regalado: But after that, we were not given some -- at least, some information as to which
companies has applied. Why 19 companies? I thought that we said that we should set a limit of companies.
Ten, maybe. Because you said, personally here in that workshop, that it would be better for the City to
handle the paperwork with less amount of companies. I -- my complaint, Raul, is just that we weren't-- I
wasn't informed. I mean, every time that there is something going on in every department, we g!t a memo.
Not in this case. I don't know why. So, I just want to be that on the record. I have not received any
information from any company, except from one company.
Commissioner Sanchez: If I may add and if you would yield to me, I would appreciate it. Commissioner
Regalado, on one or two occasions on a Commission meeting, I gave a brief review of what's going on
during the process and the meetings that we were having. You know, we have items that are set forth,
Commission items, and I believe, twice, I came in front of the Commission or spoke in front of the
Commission pertaining to the item, discussing what was the progress. Now, I know that, at the last couple
of meetings, we were able to -- we were on a time frame and we had to, basically, put out the resolution, the
234 September 21, 1999
agreement, and all that stuff and I don't know if you were provided. If anybody owes ,you an apology, it
would probably be me because I am the one that oversaw that committee.
Commissioner Regalado: No, no, ifs not about you. I mean, I heard your briefing. I was in two of the
meetings that you chaired, but I was surprised not to get anything from the administration. Tliat's all. I'm
not going to delay the process, but-- so you know.
Chairman Plummer: OK. I'm just going to tell you, I'm not ready to vote. So, I'll be very brief. All right.
I'm not ready to vote. I have not had the opportunity to sit down with the packet that was furnished to us
earlier in the afternoon and make a decision predicated on something I haven't even had the opportunity to
read. So, that's where I'm at. I mean, that's up to the rest of you.
Commissioner Sanchez: Well ... you want to say anything on the garbage?
Commissioner Teele: Commissioner, when you say you're not ready to vote..
Chairman Plummer: That's what I said.
Commissioner Teele: ...I think we all have tried to enforce a really strict rule that, if a Commissioner has not
had the time to cast an intelligent vote based upon research and reading, no one should ever impose that
upon them within certain restrictions. Do you know -- do you think you would be ready on the 27th or the
28th?
Chairman Plummer: On the 28th, without question, sir. Predicated on the material I was handed today, if
there are no changes, yes, sir.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: I'm sorry. Mr. Teele has the floor.
Commissioner Teele: If that's your wish, I think that's fair. But before we drop the issue, I would like the
opportunity, at some point, to ask the City staff management to look at certain items or specific items. I
don't have that information ready now, but I really would like to-- before you recess this item.
Commissioner Sanchez: Mr. Chairman, I'm...
Chairman Plummer: Mr. Sanchez,
Commissioner Sanchez: I'm going to respect your view on this and, therefore, if we're not going to make a
decision, I'll move for a deferral.
Mr. Vilarello: Continue. Continuance.
Commissioner Sanchez: Or continuance.
Chairman Plummer: OK. I think that what -- and I appreciate, thank you. What I would like to do is to
have, on the record, any questions, even though you might not get your answers this evening, any questions
of things that you would want to have as further information from the City administration.
Commissioner Regalado: I got a question.
235 September 21, 1999
j
Chairman Plummer: OK. Let's get it on the record. You don't have to get an answer now.
Commissioner Regalado: OK. There was a plan presented here that is offering some new revenues to the
City. This is an exclusive or half a City project. I would like to know if the administration has idea that your
proposal will bring the same or more money- new revenue? Mind you, new revenue. And second, for the
City Attorney. If we can write in the contract that no company is allowed to raise the rates for some period
of time. I - those are the two questions that I have.
Chairman Plummer: OK. Any other questions that we'll have answers for on, hopefully, Saturday.
Mr. Martinez: Commissioner, if you want to, I can answer those questions now.
Chairman Plummer: All right, answer the questions now.
Mr. Martinez: OK. Commissioner Regalado, we have assessed the package that was submitted by Republic
through Imperial, and what the RFQ brings to us for - as far as finds. The difference between the two
proposals, the RFQ for the non-exclusive franchise -- and we compare it to the Republiclimperial Citywide,
you know, one company does it all. Because the only way you can do it, apples to apples is, approximately,
we will bring in -- you know, approximate half a million dollars ($500,000) more under Republic package
on a yearly basis. It has all the other issues naturally with the sole company in dictating who your service
providers are going to be. All the issues that we-- that the Commission discussed when they decided to go
to a non-exclusive franchise. On the issue of moving this to the 28th, I would like to caution the
Commission on one issue. The permits on which the companies are now operating under expire October
1st.
Chairman Plummer: They've got three days to give us a check. Now, let me ask you this question. If we
were to go to an exclusive hauler in their proposal, which they sent to me, besides the evaluafon you've
done on the dollars, the one thing that was really appealing to me was, guaranteed, there would be no
increase in rates. Now, where are we on the opposite side of that coin? And you can answer that for me
Saturday or - you know, if I can be guaranteed that, for eight years, there's no increase in rates - I'm not
saying that's going to sell me, but it was an interesting point. OK?
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez. Did you wish to speak?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Oh. I thought I heard a shadow.
Commissioner Sanchez: Mr. Chairman, this is about fairness. This is about competition. This is about what
America was built on, all right? If one company says they could give you the money, then, you know, I'm
willing to go back to that committee, which everybody is a part of, and afford them the same opportunity. If
I'm willing to go back -- and it's to increase -- I'm willing to go back and see if they're willing to increase it,
and they will probably...
Commissioner Teele: Commissioner?
Commissioner Sanchez: ... come up with the money because it's...
236 September 21, 1999
Commissioner Teele: Commissioner, let me just ask you on one issue. And advisory committee-- Mr.
Attorney, I need you to deal with this...
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: ...and I need you to really don't let my dear friend get in trouble now. And advisory
committee, in garbage, is and issue that has tremendous legal implications. What you're discussing now and
what you're saying now goes well beyond and advisory committee, and it raises all sorts of issues that the
U.S. Justice Department will absolutely come down on everybody on this thing on.
Chairman Plummer: Hey, I just asked a question.
Commissioner Teele: No, no, no. I want to put...
Chairman Plummer: I didn't ask for an answer.
Commissioner Teele: I want to put this on the record because, see, I don't want Commissioner Sanchez to
get duped by the industry because, what he is saying now, is that he'll go back to the advisory committee and
seek to get some consensus from the industry and I think, you know, you're going to have an advisory
committee...
Commissioner Sanchez: No, no, no, no.
Commissioner Teele: ...in which everybody-- that's what you just said.
Commissioner Sanchez: No. What I meant is, to make the process fair --because if you're going to do that,
then, you might as well put and RFP (Request for Proposal) out and have everybody go after it and make -
you know, make it fair for everybody. Just because one company says they're going to give you half a
million dollars ($500,000) more, all right, so they can have complete monopoly, all right, and you-- we're
the ones that are going to sit up here and you're going to tell one company that's going to go out there and
pick up your garbage. You go knock on the door and say, you know what, ma'am? You're not going to
have -- you know, you're not going to have a choice. You're going to use them, no matter what they charge
you.
Commissioner Teele: I will tell you this, Joe. I respect you but you're dealing with an issue right now that is
so far over my head -- and I will assure you that the City Attorney -- because he's not really paying attention
and he's dealing with everything else -- is not giving you good, legal advice. But I'm going to tell you this
upfront. There should be no discussions in that advisory committee about rates and consensus on rates.
And if you get every one of these guys' corporate offices to take a transcript of what you just said and I've
just said, there will be more lawyers down here in leer jets giving advice to the Commission and the industry
than you'll be able to count. This Commission does not need, at all - we need an advisory committee, but we
do not need an advisory committee to have any discussions about rates. And you keep going back to this
thing about going to committee, this advisory committee and getting a consensus on rates. Im telling you,
Joe, if you don't want to be an elected officer very long, have that discussion with this committee. Because
that is rule number one in this industry, as it to the to antitrust provisions of the Justice Department. And
that is a very dangerous discussion to have, even though that's one of the exceptions to the industry, where
you can come together and discuss governmental issues. But I don't think rates are the kinds of things you
want to talk about, as you have put on the record twice now, in an advisory committee. And I would ask the
City Attorney - the City Clerk to make a verbatim transcript of the discussion between Commissioner
237 September 21, 1999
Sanchez and I, and to file it with each of the attorneys of these companies and let's see how many of than
are going to be -- want to sit around in a room and talk about setting rates.
Chairman Plummer: Sorry I asked the question.
Mr. Vilarello: Commissioner?
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: It is, however, appropriate for the advisory committee to discuss the issue of-- the subject of
how the RFQ (Request for Qualification) was put out and districting.
Commissioner Teele: No, I'm not talking about that. I'm talking about what he talked about, as a Chairman
of the committee, and he should have a lawyer that's sitting there with him, giving him and this City good,
legal advice. They do not need to talk about rates. And that's what he talked about, developing something
that he could go back to the committee and discuss the rates and get a fair process, and that's something that
should be off the table.
Chairman Plummer: This item is now scheduled and the chairman will take the prerogative of setting it on
the 28th at 2 p.m.
The first item after the break. Thank you and...
Mr. Martinez: Good night. Thank ,you very much, Mr. Plummer.
Chairman Plummer: Good night. We are now on the blue copies and the first item is Commissioner Gort.
Mr. Alejandro Vilarello (City Attorney): You do have the resolution on he Fire Assessment.
Chairman Plummer: Just hold it. Mr. Gort, on the flea market.
Vice Chairman Gort: We no longer need that.
Chairman Plummer: You no longer need it.
Note for the Record: Commission Item 1-A, reference the Flea Market, not needed.
BVIGE CHAIRMAN' GORT, T4MAICE: RECOMMENDATION RE CREATION OF COMMITTEE`
"TO AF`MAS1FOR ORANGE BOL;STADUM.,SSI TN3
Chairman Plummer: Discussion -- committee of -- committee to assist fund raising for the Orange Bowl.
Mr. Gort.
Vice Chairman Gort: As we discussed before, we had -- the Parks Department has created the -- and we just
passed on second reading today --the plan to have the Advisory Committee to be --to the parks. What we'd
like to do now -- right now is create the same advisory board for the Orange Bowl. My understanding is,
this came through Mr. Marene and what he would like to do include is include the-- within that committee,
we should include the director of the-- sport director, is that what you call, for the University of Miami?
Chairman Plummer: AD (Athletic Director).
238 September 21, 1999
Vice Chairman Gort: What do you call him?
Ms. Christina Abrams (Director, Public Facilities): The Athletic Director.
Vice Chairman Gort: The Athletic Director should be part of his. Since, my understanding is, they would
like to see a long contract with the City of Miami, they should be part of this committee.
Chairman Plummer: OK. Christina, if you would, come back with recommendations, after you conversed
with Commissioner Gort, for this Commission's consideration.
SSt� T, 4NC�RN);NC3'V6!ORKERS';COMP AISATIt)I3 ALLE EDXA�tJS1aS ,
Chairman Plummer: Mr. Sanchez?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Workmen's Compensation.
Commissioner Sanchez: Workmen's Compensation. 1 just want to know where we're at and how many
cases we have closed, and just a clarification on -- or information on how many cases we've been able to
close?
Mr. Mario Soldevilla (Administrator, Risk Management): As of --well, currently, we've closed in excess of
thirteen hundred claims.
Commissioner Sanchez: In how many months?
Vice Chairman Gort: How many new claims?
Mr. Soldevilla: In how many months?
Commissioner Sanchez: In how many months?
Mr. Soldevilla: Since October of last year.
Chairman Plummer: Approximately, 11 a month.
Mr. Soldevilla: In 10 months.
Commissioner Sanchez: Just about, yeah. How many new cases?
Mr. Soldevilla: Six hundred and seventy-seven new cases. That is -- I anticipate that we'll probably end up
the year with probably around 750 cases, and that's down from 825 from last year.
Chairman Plummer: OK.
Commissioner Sanchez: Thank you.
239 September 21, 1999
Chairman Plummer: Mr. Sanchez, Miami River.
Commissioner Sanchez: Yes. Discussion concerning Miami River as an official, coordinating clearhouse
for all public policy and projects related to Miami River. In other words, they feel that they have not been
informed and they would like to be informed of any developments in the river and what's going on in the
river. Just as courtesy...
Chairman Plummer: To the administration, you'll follow through?
Mr. Raul Martinez (Assistant City Manager): Yes, sir.
�Sl ' S( tJSSI,ON`RE-2000LEGISLA-n.VE SESSION'AND PRIORITY'.LIST see section`S4 :
Chairman Plummer: Mr. Sanchez, 2000...
Commissioner Sanchez: Yes.
Chairman Plummer: I assume the year 2000 legislative policy?
Commissioner Sanchez: Yes, sir. As the liaison for the City of Miami in Tallahassee, I have sent several
memos to different Commissioners, asking them to set up priorities, a wish lists, to set forth and work with
the administration because I believe that lobbying is a 365-day a year event and I don't think we should leave
it to the last minute to try to get things out of Tallahassee. So, therefore, I'm asking each Canmissioner,
either present a package to me or Ms. Wiley.
Chairman Plummer: Mr. Sanchez, I have the same thing this year that I've had for the past three years. I
only have one. If you can get the policy changed relating to tax exemption on profit -making corporations,
this City would be in clover. I beg of you, sir, try and get that passed. This City, a third of our taxable,
assessable base is tax exempt. We're not going to exempt the 25,000 or 50,000 Homestead Exemption.
That's out of the question. They're not going to be doing churches. That's out of the question. But, by God,
it seems like that there should not be exemption for profit -making corporations. Representative Willie
Logan had worked on the issue previously and you might check with him because they had a study done.
Sir, that's my one and only legislative item.
62#MANAGER TO WORK `:WITH CUBAN POLITICAL :PRISONERS /�,SSOCTATI/JIrT� IN
�GiI1ECTION:WiTH PROPOSED PLACEMENT OF MONUMENT IN FRONT OF,TTS OFFICE
Chairman Plummer: OK. Mr. Regalado. Placement of a monument in front of the home of the Cuban
Political Prisoners Association.
Commissioner Regalado: Thank you, Mr. Chairman. And this is an area where several monuments are
already located. The home of the Political Prisoners was built about 15 years ago and right across in the
median of Southwest 13 Avenue, there are several. What we are here requesting from the Commission is to
direct the administration and Public Works, in order to get all the necessary permits and work with he
people that are going to be paying for and building the monument. This will not be a huge-- in fact, it will
240 September 21, 1999
be a very modest type of monument that will be located immediately across the street from the House of
Political Prisoners. This will be to honor two, a brother and a sister, two persons, that were political
i prisoners in Cuba.
Chairman Plummer: What action do you need from this Commission?
Commissioner Regalado: To direct the administration to work with the people that are going to buld...
Chairman Plummer: Is there a motion?
Commissioner Regalado: Yes, a motion.
Chairman Plummer: Motion made and seconded. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-685
A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE
CUBAN POLITICAL PRISONERS ASSOCIATION IN CONNECTION WITH
THE PLACEMENT OF A MONUMENT IN FRONT OF ITS OFFICE.
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.
63, ,y SSISTA�SEy'i'O ;MINORITY ;LOCAL VENDORS PURCHASING AND BIDDING;
PRSESS=`DEEARTMENT PURCHASES TO,BE REVIEWED,
Chairman Plummer: Mr. Regalado, vendors within the city limits.
Commissioner Regalado: OK. This is an issue that-- I hope it is simple, but maybe it's a little complicated.
But I think that the Commission should listen to what we're going to say here because this is-- it is the
policy of this Commission to help the minority vendors in the City of Miami. I have here a letterfrom Mr.
Bermayo. That is not the main issue. The main issue, actually, is some contract that the City had with a
Hispanic local vendor in the City of Miami and it's Balado National Tires. Something happened that the
contract was, in a way, suspended because of some technicalities. I have received a lot of information from
the people from Balado. And Colonel Olivera is here, and I would like for him, briefly, if he can, just to
give us the details as to why he feels that this firm has been discriminatd against.
241 September 21, 1999
Mr. Humberto Olivera: My name is Humberto Olivera, 1633 Northwest 27 Avenue. And I am a member of
National Tire, In October 1998, the City bid for tires and tubes. We came into the bid and we found that the
only specification was Federal specifications. At that time, we checked with our manufactures. One of
them is Cumo (phonetic) from Korea and, to our surprise, Cumo inform us that there was no federal
standards since 1996. It was abolished in 1996. However, the City of Miami and the GSA (General
Services Administration) was using i'ederal standards that were not required in order to benefit one vendor.
In this case, Good Year Tires. We bid the Korean tire and we won. That tire has DOT (Department of
Transportation), that is required by the Federal Government, and that's the only thing that is required by the
Federal Government, Department of Transportation inspection, and the tire has that at DOT. We bid other
tires and we won. We won truck tires. We won the Police Department and quite a few other ones. And we
informed the City, when they were trying to play the game again of the federal standards, that there was no
federal standards and we have proof. Right away the GSA back off and start checking and I was right.
Therefore, to get together with the City Manager and they came around and say, yes, you're right. There's
no federal standard for two years and they were paying more money for those Good Year tires. However,
you were the only one that knew about that, and I was penalized because I told the City that they were
paying more money and they were using standards that were not valid. The federal GSA say there's no more
federal standards. They say DOT only. However, some private company called CATL start charging
money for, you know, checking tires for other manufacturers. They charge between sixteen thousand
dollars ($16,000) and thirty-six thousand dollars ($36,000) and they are a private company. And that private
company told the Federal Government, "by the way, if you need that information, we can provide that
information to you." The answer of the Federal Government said, "send that to the 10 command." The 10
command is the Armed Forces. And, so far, there is no Army in the City of Miami. But the City Manager
told me, you have to file according to the CATL, a private company. Nevertheless, trying to work with the
City, I came to the GSA and say, listen, I realize that you have a problem here. You were using a standard
that was not required and you are claiming CATL. Mr. Pascual, that was the GSA at that time, he said
"You're right. You're right." Honestly, why did garbage truck need a CATL or any other vehicle that is not
a police car? That is, you know, they have to get some rating. Or the fire engines in he Fire Department.
So, he say, "Well, we agree with you, Mr. Olivera. We're going to CATL and non CATL. We require
CATL only for those two areas, the Police Department and the Fire Department-- the fire engines only." I
say, great. Finally, somebody here saw the lights and they're playing fair with the last minority company left
in a bidding. So, I was waiting to see the answer and I have to wait three months and after three months,
they came out and said, "Listen, we are not going to bid all the ties. We're going to bid only the Police
Department tires. Only one size. And -- because, you know, we need the tires real fast." To my surprise,
they came out. No specification, no CATL, and we went into the bid. Actually, we bid real low. Initially
we were selling the tires for forty-four dollars ($44) and, at the end, the City came out paying only
thirty-five dollars and thirty-eight cents ($35.38). You know why? Because everybody came to bid,
including Pep Boy from Philadelphia came to bid because it was no CATL. There was no rating. And the
City saves sixty-six thousand dollars ($66,000). I would have to bite the bullet and say, yeah, they were the
minority vendors. We have -- we agree on that price. Sixty-six thousand dollars ($66,000) savings, Mr.
Manager. I say, finally, somebody's doing the right thing here in the City, you know. If you open the
bidding, then, you will have more people bidding and you will have lower prices, and all the specifications
that have been manipulated have disappeared. I was mistaken. Seven months later -- for seven months the
City was paying Good Year for a higher price, without doing any bidding and I said, well, let's wait. Finally,
we're going to get the bid. Seven months later, in June, they came out with a bid. As far as I knew, I say,
well, they have CAT and no CAT. That's it. So, I get the bid; I prepare my bidding and against I bid the
Korean tire. At the end of the bid, I won again. Seven dollars difference between the Good Year and Cumo
(phonetic) tire that have the DOT rating and the European rating. The City was saving eighteen thousand
dollars ($18,000) with one tire. One tire only eighteen thousand dollars ($18,000). So, I was waiting to get
the adjudication and nothing happened. So, I went to Procurement and Judy Carter told me, "You have a
242 September 21, 1999
problem, you know. The GSA saying there is a technical problem." OK. Well, let's see what happen with
the technical problem. I went down there and Mr. Pascual was not there. Then, the deputysays, "No, I don't
have time for you. Go and see Mr. Allen Sabaraci (phonetic), the head of the Fleet Management." So, I
went down there. I said, what is the problem with the technical, the technical specification? And he said,
smiling, "Mr. Olivera, you have a good price, but you didn't read in detail the bid." And I said, what I didn't
read, Mr. Sabaraci? "Well, I add two things that ,you didn't know. The first one, all tires have to be
manufactured in the U.S." In hundred years, this City never asked for U.S. manufacturer. The reason that
he was asking for U.S. manufacturer, it was to eliminate the Korean tire. And, then, the City Manager, I
complain to him and he said, "No, only tires manufactured in the U.S. are good. All the others are bad."
Seventy-five corporations in the world and only two in the U.S. The biggest manufacturer of tire in the
world is Michelin, and it's French. The second one is Bridgestone and it's Japanese. And the third one is
Good Year. And, by the way, there is a global economy and the companies, they manufacture even Good
Year in Brazil and other places.
Chairman Plummer: Michelin made in this country aren't worth a damn.
Mr. Olivera: Well, the main thing is, they have DOT and that's your opinion, Mr. Plumnur. But many
people here, including some people here from this City, ask me for Michelin tires sometimes.
Chairman Plummer: 1 blew out seven of them.
Mr. Olivera: The second one, to my surprise, is that Mr. Sabaraci say, "You know, there is a requirement
now that, if you bring me a tire, you have to take the old used tire or the scrap tire." And I say, how come?
You never asked for that. And he said, "Well, you minor vendors, you cannot do this kind of business."
And the reason is because I have to get the scrap tire and, then, I have to get it to the dump and I have to pay.
And you know how much I have to pay? Between five dollars ($5) and ten dollars ($10).
Chairman Plummer: Per tire?
Mr. Olivera: You take a passenger tire, you pay one eighty-five. If you take a light truck tire, it's five dollars
($5). And you take a truck tire, it's ten dollars ($10). So, what you're telling me, come here, fight with the
biggest corporation in the world, win and, then, if you make any money, go to garbage and pay with
whatever you win here. Normally, in the private industry, you go and save the land fill; you try to make a
contract, and you try to get the best price. Not in the City of Miami. And, finally, another thing that I
complained for years. I never seen in my life anyone go into a bid and say -- the Fire Department say, only
Good Year, no substitution. Only Good Year. In any other place in the world, everybody say why? Not in
the City of Miami. They say, no. You have to provide Good Year for the Fire Department and you have to
comply with them. Even if other companies have CATL and they are qualified, but they say only Good
Year. What about Police Department said tomorrow, we want Mercedes and only Mercedes? And all these
poor people have to pay for it. I know what they get out of it. They get very upset about those things. But
no explanation from the City management. So...
Commissioner Regalado: This is why, Mr. Colonel Olivera, I requested this issue to be put in the agenda
because, first of all, it's been always the policy of this Commission to help the City vendor, especially after
they're taking the brunt for so many years of taxes and fees and all that. But the story that I heard from you
before, I don't know about the kind of technicalities that they might say to us that you have. But I think that
the bottom line here is that, first of all, we are paying more. Probably because they say that we want the best
for our cars and vehicles. That might be true. But what I don't understand is why we just have to marry with
one company and why -- and this is the main issue or my view. Why do we not work with the local
vendors? I mean, why is it that we have this problem of hurting our own? I mean, we saw it today with
243 September 21, 1999
Bayside. We are seeing it with other big customers and I don't understand why we throw the book at our
local people and, you know, help the people outside.
Chairman Plummer: See where we're going to be tonight now. You know, we've taken up almost 20
minutes.
Vice Chairman Gort: But let me tell you. I've talked to him before and I've called before and one of the
biggest problems, this is like when you do an RFP (Request for Proposal) or you do a Request for Proposal
and you tied it -- you make it specific for only one person to answer. And I think this is something that we
need to look into it.
Mr. Olivera: May I make a recommendation?
Chairman Plummer: When you take the specs out of the back of the Harley book and try to buy a Honda,
it's very difficult.
Commissioner Regalado: Can I...
Chairman Plummer: All right.
Commissioner Regalado: Mr. Manager, I just want to...
Commissioner Teele: Mr. Chairman, before you do, I think -- you now, Mr. Chairman, you've been very
generous with the time. But I really would like to try to hear the end of this story. What is your
recommendation?
Mr. Olivera: My recommendation is be fair. Rebid the whole thing; go with the specifications, the same as
the federal government, DOT, and let all the people around the City bid, not only the Good Year company.
Only eight people came to the bid and only four were qualified in the bid. Three of them were Good Year,
and only one local vendor from the City of Miami, Balado National Tire.
Commissioner Teele: Yeah. But see -- thank you. Mr. Chairman?
Chairman Plummer: Let's hear from the administration.
Mr. Donald Warshaw (City Manager): Commissioners, just a couple of things, then I'll ask-- there are
some different people who want to speak. I know this isn't a bid protest but all these things have gone
through a bid process, and I understand the gentleman has received the vast majority of-- on these items on
the contract, and you can correct me if I'm wrong. I'll ask Dean and Judy to, you know, give you a little bit
of the background as to what the process was and, then, I'm going to take a good, hard look at...
Chairman Plummer: Yeah. Because, let me tell you something.
Commissioner Regalado: Mr. Manager? Mr. Manager?
Chairman Plummer: The last I remember was, that we awarded Balado the tire contract.
Ms. Judy Carter (Director, Purchasing): Yes, we did.
Mr. Olivera: Yeah. But, Mr. Plummer, they put the same...
244 September 21, 1999
Commissioner Regalado: Excuse me.
Mr. Olivera: The same thing that you awarded, they put in the new bid, in the one 9894, and I complain and
they told me "it's a mistake," but they left the tire. Well, I have here the copy, you know. If you want to see
it, I can show it -- I can show you that the...
Ms. Carter: Well...
Chairman Plummer: Let me ask a question.
Ms. Carter: Yes, sir.
Commissioner Regalado: Can I...
Chairman Plummer: When we speak of process, he did -- got an award and it was rescinded?
Ms. Carter: No, sir.
Mr. Dean De Jong (interim Director, General Services Administration): No.
Chairman Plummer: All right. So, then, if he didn't get an award, did he file an appeal where he was not
awarded a contract?
Mr. De Jong: At this point, the bid that Mr. Olivera is referring to has not been let. We still have the bids.
We have not made a final decision.
Chairman Plummer: OK.
Mr. De Jong: He did, in April -- excuse me. In March, where we put out a Stop Gap bid for police tires, he
was awarded that bid based on the prices.
Chairman Plummer: OK. The problem, I guess, I'm having is that this is not the kind of matter that we're
going to settle here tonight.
Commissioner Teele: Right.
Mr. De Jong: I agree.
Chairman Plummer: Ali right?
Commissioner Regalado: No, no, no, no. But...
Chairman Plummer: And I don't ever want to deny...
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: ... anybody the right to speak.
Commissioner Regalado: Mr. Chairman?
245 September 21, 1999
Chairman Plummer: And to turn it over now, I assume we're going to do, is to turn it to the administration
and report back to this Commission. Now...
Commissioner Regalado: Mr. Chairman, but...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: The fact that I brought this here is not because lie has a problem, a personal
problem, or maybe he doesn't like the way that they dealt with him. 'The problem that I see is that this is
becoming a policy that we are not working with the local vendors We are not trying to go one step more for
the local vendors.
Ms. Carter: I disagree with that.
Commissioner Regalado: And you -- Mr. Manager, you might say whatever you want to say. I know that
this administration, compared to others, have been trying to go out and look and -- you have
Spanish-speaking people that go out and search. But I still say that we need to work with these people. And
it's more -- this, I brought it as a moral issue, as a policy issue, rather than his personal problems, that you
would deal with him.
Chairman Plummer: All right. What do you want to do with it tonight? We've got another half hour and
we're out of here.
Commissioner Regalado: I would like to have next Tuesday a report, as to what are we going todo...
Chairman Plummer: All right.
Commissioner Regalado: ...to remedy those things?
Chairman Plummer: That's fair.
Commissioner Regalado: That's it.
Chairman Plummer: That's fair. We'll see you next Tuesday, sir. The administration..
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I, again, commend you for coming forward. I would like for the audit or the
appropriate department to comment and give us the last five years of purchases by the Fire Department. I
mean, I would be horrified if somebody is actually-- and I don't believe it. I mean, I like you. I mean, I
don't know you, personally, and I'm not calling you a liar.
Ms. Olivera: You know me, personally.
Commissioner Teele: But I don't believe that this City would allow-- I don't think the process would allow
anybody to say we're going to have Good Year tires or Michelin tires or any kind of-- I mean, you know,
there's too many procurements. And one of the ways to solve some of this, Mr. Manager, is the
246 September 21, 1999
piggybacking. I mean, you know, look, a fire truck that runs in New York City on a Michelin tire is the
same fire truck that runs in San Francisco on a Good Year tires, is the same fire truck that runs in Atlanta rn
a, you know, Uniroyal tire. I mean -- you know, within some degrees, when you're dealing with the quality
of the tire and the traction, a tire is a tire is a tire. Most of them are manufactured by three or four guys that
just change the emblem on the back -- on the front anyway. So, it's not that I don't believe you but I have a
hard time believing, that given our procurement process and given the fact that the Fire Department isn't
writing the bid specs -- the bid specs are written by the Purchasing Department. At least, they're approved
by them.
Ms. Carter: No. They are written by the Fire Department.
Commissioner Teele: Then, why do we have a Purchasing Department?
Ms. Carter: Because we only have one senior buyer. We do not have the capacity to write specs...
Commissioner Teele: Could it be true, then-- I mean, are you saying --well, I would just like to know...
Ms. Carter: No, no. No, it cannot be true that all of the purchases have gone to Good Year. Fora fact,
Balado Tires has received...
Commissioner Teele: No, no, I don't want to get into Balado versus...
Ms. Carter: ... a significant amount of tires. And they do not provide Good Year.
Mr. Olivera: Could I make a report, though?
Commissioner Teele: I'm talking now, not about who the vendor is. I'm talking about, could we actually be
-- could someone really be specing Good Year tires to the exclusion of everything else? And I just would
like to see, in the Fire Department, what the bids have been, based upon this, for the last five or seven years,
when we bring this issue back up. Because I just have a hard time believing that. I mean-- and I respect
you and we can discuss it later tonight or on Tuesday.
Chairman Plummer: OK.
Mr. Olivera: Well, I would like to make a final clarification to the Commission.
Chairman Plummer: Final clarification.
Mr. Olivera: OK. First, why, for the first time, you ask for U.S. manufacture only in hundred years? Why,
for the first time, you ask for U.S. manufacture? You know why? Because a foreign tire was bidding Good
Year. Second, for the first time in hundred years, why I have to take these scrap tires and the used tires and
take it to the garbage and pay for it?
Commissioner Teele: Then why?
Mr. Olivera: For the first time they have done this in hundred years. I don't know why. But it's obvious that
they are manipulating the whole bid.
Chairman Plummer: OK.
247 September 21, 1999
Commissioner Teele: Well, maybe we're getting environmentally...
Mr. Warshaw: If 1 can just add?
Chairman Plummer: And, for the record, I think Michelin is a tire made in the United States. And what I
have been told...
Mr. Olivera: Michelin is made in France, is the headquarters. They can be manufacturers all the way in the
U.S., in China.
Chairman Plummer: The problem that I had...
Mr. Olivera: And many other places.
Chairman Plummer: ...was Michelin that was manufactured in the United States. The Michelin that are
manufactured in France are a fantastic tire, and Bridgestone is even better.
Vice Chairman Gort: Question?
Mr. Warshaw: J.L.?
Chairman Plummer: And Mr. Balado is even better.
Vice Chairman Gort: Question?
Chairman Plummer: Mr. Warshaw?
Vice Chairman Gort: Your RFP, when you put out for bid, did you also...
Ms. Carter: Invitation for Bid. It was not an RFP.
Vice Chairman Gort: Invitation for Bid. Did you put in there that, besides the price, they would have to get
rid of the tires also?
Ms. Carter: In this bid, we absolutely did require that as part of-- every vendor had to bid the price. It
wasn't a price we imposed, but we required the vendor to tell us what price that you-- we would pay you in
order to dispose of the tire. So, if his cost was "x" amount, then, it was appropriate for him to bid that
particular amount. But, yes...
Vice Chairman Gort: OK.
Ms. Carter: ... we do want those tires disposed of by that vendor.
Chairman Plummer: OK. But you're paying him for it?
Ms. Carter: Absolutely.
Chairman Plummer: OK. All right.
Ms. Carter: And he was to bid the price. It wasn't just Good Year tires.
248 September 21, 1999
Chairman Plummer: Mr. Manager?
Mr. Warshaw: And just briefly, Commissioner. Just for the record, this...
Chairman Plummer: You know, if I hear that one more time tonight, "briefly"-- briefly has now turned it
into an hour.
Mr. Warshaw: OK. I won't say that. This year, so far, of the GSA (General Services Administration) fleet
budget, between eight hundred thousand and a million dollars has gone to local minority vendors and, again
-- and I know, Commissioner Regalado, you've been a strong advocate for this, as am I. Judy Carter has
been working feverishly all year to increase the amount of local minority participation in all of our bids. We
have increased it and we know we can do better and we're going to do better. I'm very sensitive to local,
City of Miami vendors, but I want you to know that we've come a long way from where we were and we're
going to do more.
Commissioner Regalado: Well, doubt about that, on Tuesday.
Ms. Carter: The only -- and I would like to say, Commissioner Regalado --and I mean this very sincerely
that, on those occasions when we are able to convince a particular local vendor to respond to a bid --
because we can't force them to bid, but we do go there and do as much PR as we can, enhancing this image
in a manner that they would want to bid. One of the things we make very clear to them, that we do have a
local preference law, which means that, while you may bid, it's very important that you be competitive
enough to fall within the 10 percent range. There are occasions when they may not fall within the 10 percent
range, and I am not in a position to recommend to this Commission that vendor when he has not been in a
position to pick him up, if you will.
Chairman Plummer: Thank you. Next item.
Commissioner Regalado: Thank you. I would...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: This is not a public hearing.
Mr. Manuel Gonzalez-Goenaga: I know. I just want to know -- I'm curious -- how many millions of dollars
in tires? That's the question that I'm interested in.
Chairman Plummer: Would you, please, send him a memo on how many millions of tires we use a year?
Mr. Gonzalez-Goenaga: I mean, more or less. I mean, all this discussion for...
Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: ... fifty dollars ($50) or a million dollars ($1,000,000).
Chairman Plummer: Thank you, sir. I'm sure it's a lot.
Mr. Gonzalez-Goenaga: Anybody has any idea?
249 September 21, 1999
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: We have, what, 2400 vehicles, I think?
Chairman Plummer: Mr. Sanchez, please. i just thought it was automatic --my staff is beating me to a pulp
-- that Legion Park and Virrick Park are in your legislative package that were denied last year. And,so, for
that reason, I did not bring it up. But my staff asked me that we want to go-- as you know, we need money
for both of those parks very dearly and I would ask you, sir, to put that in your legislative. Mr. Regalado,
Office of Media Relations. And Mr. Gort...
Commissioner Regalado: I will defer that for next week, Mr. Chairman, since...
�1S- OXOFFICS OF MEDIA RELATIONS AND PUBLIC INI+ORMATIOI '
S PtRT OF POLICE'YOUNG EXPLORERS PROGRAM,
,t..
Chairman Plummer: The next item is the Miami Police Young Explorers.
Commissioner Regalado: I will, also, defer that for next week.
Chairman Plummer: The next item is Amendment 3.
Commissioner Regalado: That one. Mr. City Attcrney, what do we do?
Mr. Alejandro Vilarello (City Attorney): That is on the agenda for the 28th.
Commissioner Regalado: OK. It is on the agenda for the 28th.
Chairman Plummer: All right.
Commissioner Regalado: Do we need to do anything, at all?
Chairman Plummer: Do we need to do anything tonight, Mr. City Attorney?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Wait a minute. Hold on. He's got one more item.
Mr. Vilarello: I'm sorry, Commissioner. It's attached b your package. There's an ordinance attached to
your package.
Commissioner Regalado: Right, I do know that. Do we need to do it now or...
Mr. Vilarello: You can act on it now, yes.
250 September 21, 1999
N
Commissioner Regalado: OK.
Commissioner Teele: Can we put it on Tuesday?
Chairman Plummer: Sure.
Mr. Vilarello: No. No, I don't-- let me make sure.
Chairman Plummer: Amendment 3, you're referring is the fifty thousand?
Commissioner Regalado: Yes.
Chairman Plummer: I thought we've already adopted that.
Commissioner Regalado: No, we don't. We haven't done on that.
The Commission...
Mr. Vilarello: You have sufficient time to consider it on the 28th and have final adoption by the second
meeting in October and meet your deadline.
Commissioner Regalado: OK. I will...
Chairman Plummer: All right. Next item.
Commissioner Regalado: Would you, please, put it on the agenda?
Chairman Plummer: Extending the Commercial Facade Program.
Commissioner Regalado: OK. This is something that Community Development has decided to extend the
contracts of agents -- social services agencies for a year, in order to comply with all the different timetables
and to be able to work. My proposal for this Z.2ommission is to do the same, extend one year the contracts of
the CBOs (Community Based Organization), the different orginizations that currently participate in the
Commercial Facade Program, just as we have done to the Social Services Agents. So, that would be my
motion, Mr. Chairman.
Chairman Plummer: All right. Is there a second?
Vice Chairman Gort: Second for discussion.
Chairman Plummer: Seconded for discussion.
Commissioner Teele: I'll second it for discussion.
Chairman Plummer: All right. Gwendolyn.
251 September 21, 1999
Ms. Gwendolyn Warren (Director, Community Development): The administration has placed an itan on an
agenda for the 28th, which would be to extend the current Economic Development agencies that do facade
through November 30, pending the RFP. It has been brought to my attention, Commissioner Regalado, is
interested in extending those agencies through September 30, which is what the Commissioners did for the
Social Service Programs.
Commissioner Teele: September 307
Ms. Warren: Of next year.
Vice Chairman Gort: Of 2000.
Ms. Warren: Of 2000. So, the issue is, there were several of the organizations that we were reviewing and
providing technical assistance, obviously. We gave you a report said in some areas the current facade
program works well. So, I guess the direction that staff would need is that, to extend all or is it extend hose
that are doing well? And the second issue is that, we would have to bring it back on the October-- the
second agenda in October because we'll have to advertise it for additional time.
Commissioner Regalado: Right. My motion will be to extend al of them and, then, the Community
Development Department will monitor the performance of all these agencies, as you're doing now and very
well. And, so, I would request, if we need to vote now or do we need to...
Mr. Vilarello: It would be to bring the item back...
Commissioner Regalado: Yes, but on Tuesday...
Mr. Vilareilo: ...after appropriate notice for a public hearing.
Commissioner Regalado: Yes. But on Tuesday -- I know. But on Tuesday, the administration was
proposing for two months. Now, the problem with two months is that, the paperwork, it will become a
nightmare. So, on Tuesday, I would recommend to bring it as one-year extension. Do you agree with that?
Ms. Warren: Commissioner, we could minimize, if you were to approve the administration's
recommendation. Those contracts, we would -- it would be authorized to go through November 30. We
would, then, bring it back, with an additional allocation, to extend those contracts through September. At
this point in time, the public advertising is for the amount of money to take them through November. We
have to readvertise. So, we could avoid an interruption...
Commissioner Regalado: You have to readvertise anyway, Gwen.
Ms. Warren: But we can't do it before the 28th.
Commissioner Regalado: Well...
Ms. Warren: We can make this -- if that's your desire, it would be an extension of the contract, which is
minimal.
Commissioner Regalado: No. I mean, it's not my desire. It's just that I feel that what you'regoing to have is
all the members of the Commission and the Manager's office and your office swamped with calls. We
haven't been able to get the money and your staff dedicated a hundred percent working to renew the
contracts. So, you know, the easier thing to do will be just to review through September 30. And, Mr. City
252 September 21, 1999
M
Clerk...
Ms. Warren: Commissioner, we can't do it.
Commissioner Regalado: ... do we need to advertise?
Chairman Plummer: This year or next year?
Ms. Warren: We have to...
Commissioner Regalado: You do.
Ms. Warren: ...advertise the monies that are being transferred in the newspaper and, then, we would bring it
back to the Commission and once you approve it -- what you've advertised is enough money through
November. We could easily accommodate the extension, but we have to readvertise and, then, you must
vote on it again. The earliest time we could do that is your second October meeting. We could try to do it
by the second -- the first meeting in October, but we can't do it by Tuesday.
Commissioner Regalado: I don't...
Ms. Warren: We, legally, can't do it.
Commissioner Regalado: I don't have any problem on the second...
Ms. Warren: OK. But we can get it done.
Commissioner Regalado: ...on the second, as long as we are extending so, these people can work and do
their thing, you know, without the nightmare of trying to renew contracts and bring you all this new
contracts.
Ms. Warren: We could do it.
Commissioner Regalado: So, we're saying, on the record here, that we're going to, on Tuesday, extend it to
November. And, on the second meeting of October, you are going to bring the extension for -- until
September the 30th.
Ms. Warren: If that's the direction of the Commission, absolutely,yes.
Chairman Plummer: But, also, we'll see the evaluation.
Commissioner Regalado: No. But, of course. But that's a different issue, J.L.
Commissioner Teele: No, no. I'll support you on extending it for a year, but for the purpose of doingan
evaluation.
Commissioner Regalado: Well -- I mean...
Vice Chairman Gort: Sure. Right.
Commissioner Regalado: ... that's what I said from the beginning, that she's monitoring all these agencies.
And -- I mean, they have been really strict on this money. So, that aside, the fact is that the people that are
253 September 21., 1999
working and the people that are being monitored need to have some space. So...
Ms. Warren: What I could assure you is that the new contract that the Law Department has done, we wil be
able to minimize-- once we get the original contract done, we can do the extension relatively...
Chairman Plummer: OK. Second meeting in October.
Vice Chairman Gort: Gwendolyn, my understanding is, we've requested of the Allapattah. My
understanding is, the study that has been done with the Farmer's Market or the Produce Market?
Ms. Warren: That's...
Vice Chairman Gort: It's going -- my understanding is, they're going to be working on some rebuffing and
do a lot of the...
Ms. Warren: For the zone, yes. We'll be working with the Planning Department.
Vice Chairman Gort: But, if we're going to have additional work, what I'd like to see is, according to
performance, everybody be allocated the same amount of funds, according to what they perform.
Chairman Plummer: Does that take care of Mr. Regalado?
Vice Chairman Gort: So, you look into it.
Commissioner Regalado: Yes, sir.
Mr. Vilarello: Just a clarification, to make sure that we're clear. On the 28, there's apublic hearing for the
additional funds to extend through the end of November. There will be an additional public hearing
scheduled for the second meeting -- no later than the second meeting in October.
Commissioner Regalado: There will be advertising for an additional public hearing on the second meeting
of October.
Mr. Vilarello: To extend the contracts through September 30 to the year 2000.
Commissioner Regalado: Right.
Ms. Warren: Can I make one comment, sir? I put it just for the record. Staff has met with our CD
(Community Development) Advisory Committee and, as a-- they have voiced some concerns, that I think
it's appropriate that I bring to the Commission, regarding the extension of agencies prior to an RFP or their
coming through them. Basically, I've informed the Advisory Committee that they function as an Advisory
Committee to the Commission and that the Commission, basically, will take advice of staff and that body
but, basically, the public hearing process held by the Commission and the Commission has the last say in
terms of how we handle CD funds.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Ms. Warren: I need for you...
254 September 21, 1999
L
Chairman Plummer: Mr. Teele.
Ms. Warren: ... to know that they do have concerns.
Commissioner Teele: Very quickly. And I would like to get a copy of the last CD Advisory Committee
meeting -- or the minutes. Are you all doing the staffing on that?
Mr. Walter Foeman (City Clerk): We're working on the minutesnow.
Commissioner Teele: OK. I'd like to get that. Mr. Chairman, I have three quick pocket items. The first one
involves...
Chairman Plummer: Wait a minute. Hold on. I'm told that he has to do something on Regalado's item.
Mr. Vilarello: With regard to the ordinance proposed by Commissioner Regalado, which is a part of this
agenda, it's going to be heard on the September 28 meeting. Therefore, it won't be a pocket item to be
considered.
Commissioner Regalado: Yes.
Vice Chairman Gort: Yes.
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: Mr. Chairman, the Florida Association of Community Relations Professionds of the
Florida Human Relations Commission in Miami•Dade County, Equal Opportunity Board, are united to have
a Civil Rights Conference, Ninth Annual Civil Rights Conference, from November 1 Oth to-- 6th through the
9th at the Wyndham Hotel in downtown Miami. I'm requesting that the City of Miami become a co-sponsor
and, further, that the Manager present a report to the Commission on Tuesday, October 11, recommending
an appropriate level and the type of support that the City can offer as a co -Manager -- as a cosponsor.
Chairman Plummer: You need a motion on that?
Commissioner Teele: I so move, Mr. Chairman.
Chairman Plummer: Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: Seconded. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
255 September 21, 1999
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-686
A MOTION DIRECTING THE CITY MANAGER TO WORK WITH
REPRESENTATIVES OF THE FLORIDA STATE NINTH ANNUAL, CIVIL
RIGHTS CONFERENCE AND HAVE THE CITY BECOME A CO-SPONSOR
OF SAID EVENT SCHEDULED FOR NOVEMBER 6-10, 1999, AT THE
WYNDHAM HOTEL, MIAMI; FURTHER REQUESTING THE MANAGER
TO COME BACK DURING THE OCTOBER 12, 1999 COMMISSION
MEETING WITH A RECOMMENDATION ON AN APPROPRIATE LEVEL
AND TYPE OF SUPPORT THAT THE CITY CAN OFFER AS A CO-
SPONSOR.
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.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
k P 'ffi YST', OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES BUREAU OF -.
Enx: + i t S
$DEIZAL P OPRT,YIASSISTNCE FOR ELIGIBILITY TO RECEIVE FEDI•.RAL rSURPLUS -
�%R �i n
Chairman Plummer: Next item.
Commissioner Teele: Secondly, Mr. Chairman, in talking to the Department of Management Services in
Tallahassee, I have determined -- it's been determined that the City of Miami once was eligible to apply for
surplus property. I am requesting that the Manager, if he so chooses, and that the CRA (Community
Redevelopment Agency) Executive Director, if he so chooses, be authorized to apply to the Department of
Management Services of the -- Department of Management Services, the Office Bureau of Federal Property
Assistance in Tallahassee, as an application for the eligibility to receive federal surplus property and that the
City Clerk be instructed to fill out the necessary paperwork. And this is just qualifying them to go and get
surplus property at discount prices, if they choose to, for whatever reason.
Vice Chairman Gort: I'll second that motion, but let me tell you. I've talked to the people, to the Mayor of
Sweetwater. He just got back last week from taking a trip over there, and he got some real good equipment.
The Mayor from Sweetwater. Some very good equipment at a very, very low price.
Commissioner Teele: Mr. Chairman, I would move the item and I would...
Chairman Plummer: Mr. Teele.
256 September 21, 1999
Vice Chairman Gort: Second.
Commissioner Teele: I tell you, there's some very good deals there and for a City that's-- I just looked at
this bid spec -- you know, all of these Fire Department things do say "No Substitute." I mean, I can't believe
that. But, in any event, I would move the item and ask that...
Chairman Plummer: It's 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.99-687
A MOTION AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE
DIRECTOR OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA)
TO APPLY TO THE STATE OF FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES BUREAU OF FEDERAL PROPERTY
ASSISTANCE FOR ELIGIBILITY TO RECEIVE FEDERAL SURPLUS
PROPERTY; FURTHER INSTRUCTING THE CITY CLERK TO FILL OUT
THE NECESSARY DOCUMENTS.
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.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
*TO WORK WITH COUNTS ELECTIONS DEPARTMENT TO PREPARE'PROFI ;E OF
;1uLTI FRECINGTS OF FIVE COMMISSION DISTRICTS, 'INCL,UDE GEOGRAPHIC`
,iF 'I70IyT,HAI�tGE IN I3EIVIOGRe�PHICS .. '`
Q a
Commissioner Teele: Finally, Mr. Chairman, I have reviewed the City of Miami-- I'm sorry-- Metro -Dade
County's statistical profile of precincts and their overview of voter files and precincts, including the way
they break it out. I would ask --move that the City Clerk work with the Elections Department of the County
to provide a similar profile, by precinct, of the five districts, as well as any other information that he would
normally provide, including GSI, and that that information be available at the next Commission meeting, as
it relates to the change in demographics, as it relates to the various five districts.
Chairman Plummer: Is there a second?
Vice Chairman Gort: Second.
257 September 21, 1999
Chairman Plummer: 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.99-688
A MOTION DIRECTING THE CITY CLERK TO WORK WITH MIAMI-
DADE ELECTIONS DEPARTMENT TO PREPARE A PROFILE OF
ELECTION PRECINCTS OF THE FIVE CITY COMMISSION DISTRICTS,
INCLUDING GEOGRAPHIC INFORMATION, CHANGE IN
DEMOGRAPHICS AS IT RELATES TO THE FIVE DISTRICTS; FURTHER
DIRECTING THE CLERK TO HAVE SAID PROFILES READY AT THE
NEXT COMMISSION MEETING.
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.
Commissioner Teele: And, finally, Mr. Chairman, 1 want to commend the Manager and put on the record.
First, Mr. Manager, your staff -- you have provided a very professional document that memorializes the
Bayside Center Limited Partnership discussion morning, and since many of the people may be watching
this, I think they would find it interesting to know that Bayside provides in rents, taxes and fire feesduring
fiscal year '98/99 two point five million dollars ($2,500,000), almost two point six million dollars
($2,600,000). They are a substantial partner for us. And I think one of the things that we ought to be trying
to do is encourage people in the City to use Bayside more because it's fine to go to the shops at south-- in
Sunset and it's fine to go all these other places, but to use J.L. Plummer's words, we really need to do
business in the City of Miami. And, Mr. Manager, I appreciate the professionalism and the manner in which
your staff expedited the documentation.
Chairman Plummer: They're bragging and I think it's somewhat true, that they're having eleven million a
year go through there.
Vice Chairman Gort: Thirteen the last year.
258 September 21, 1999
Chairman Plummer: Well, thirteen.
1VIIv 1T t� t Y TQ UNI ` %S'�IVALS WITHIN CITY BUDiJfLT:
Chairman Plummer: OK. Mr. Manager, I asked you, previously, this morning, to have speak to 1900
Brickell Avenue.
Commissioner Teele: Mr. Chairman, I also would ask the Manager to come forward with a
recommendation on festivals and sponsorship, as a part of the budget hearing. We continue to play around
with that issue. I mean, we never really dealt with it. The Oversight Board said they would approve
something if we come up with a policy and...
Mr. Donald Warshaw (City Manager): I've got something for you.
Commissioner Teele: And I hope that we can deal with that in a fair...
Chairman Plummer: Nineteen hundred Brickell Avenue. Hello?
Mr. Denis Wheeler: Yes, sir.
Chairman Plummer: They're in total violation of the agreement they made with this Commission and, yet,
they're still there.
Mr. Wheeler: Yes, sir. There was a meeting that took place between Anna Pando, Tony Wagner, the Coral
Way NET (Neighborhood Enhancement Team) administrator...
Chairman Plummer: Names mean nothing. What is being done...
Mr. Wheeler: What's being done is...
Chairman Plummer: Either tell them to lock the door and get out or live up with what we-- and, you know,
what really irritates me. We went way overboard to try to help and accommodate those people. Now, I
don't know what availability we have of saying to those people, either live up to your agreement or get out.
Now, what are we doing?
Mr. Wheeler: Basically, City Attomey's Office, NET administrators, and other city employees met with Mr.
Suarez -Mendez.
Chairman Plummer: Is that the owner?
Mr. Wheeler: Yes, sir. And he agrees that he didn't live up to the site plans. He has agreed to submit a new
set of site plans and bring the property up to Code.
Chairman Plummer: How long?
259 September 21, 1999
Mr. Wheeler: Six months.
Chairman Plummer: Why six months?
Mr. Wheeler: Because he has...
Chairman Plummer: He tore all the damn trees down in 30 days.
Mr. Wheeler: Yes, sir. He has to get a landscape architect, submit a set of plans to the City, and get them
approved.
Chairman Plummer: Should we close his doors for six months?
Mr. Wheeler: No, sir.
Chairman Plummer: Why not?
Mr. Wheeler: He's agreed to bring the property up to Code.
3 COl N 'S }BY CHAIRMAN PLUMMER re RODENT INFESTATION AND ROBBERIES 'AT
�(3II. MERE CnCONt1T GROVE CHAIyIBER OF? COMMERCE IS LOCATED ^,
. - ,� x.,
Chairman Plummer: Mr. Manager, 1 met last night with the people at the glass house. They have had two
break-ins; they are inundated by rats, and they are performing a service. I don't doubt most ofthe problems.
The only thing I'm going to ask you to do, they do provide a service paramount to a Visitor's Bureau. It is
taking up of their time and their staff and their equipment. They asked, was it possible that, possibly, we
could get a City staff person to go in there and do some of the work? I think you probably have a better
chance of putting the knuckles down on Talbert and tell him that they're performing a service, which is right
down his alley, and try to get an answer on that scenario. Because what they were talking last night, where
they, today, serve as a Visitor's Bureau for all of the City, that, at best, they were, most likely, going to have
to be down to just Coconut Grove, and they don't want to do that but they are going to be forced to it for
manpower.
Mr. Donald Warshaw (City Manager): And we are working with Sylvia (inaudible)
Vice Chairman Gort: We'II look into it.
�xiMP4SE FIRE RESCUE` ASSESSMENTS ,(FEE) AGAINST: -ASSESSED ;PROPERTY:
it3�ATED�VITTiN THE CITY OF MIAMI' FOR THE. FISCAL YEAR BEGINNING OCTOBER 1;
APPROVIAIG'I'E ASSESSMENT,ROLI:.. {s`ee "section 54)
Chairman Plummer: All right. The final item is the fire fee numbers.
Vice Chairman Gort: I have two things.
Mr. Alejandro Vilarello (City Attorney): The resolution in you package...
Chairman Plummer: What? It's not on your blue copy.
260 September 21, 1999
%
{ 4
Vice Chairman Gort: Sorry, but I have pocket items.
Chairman Plummer: Hey, there's a Greek restaurant going to close very shortly...
Mr. Donald Warshaw (City Manager): You said that last time.
Chairman Plummer: Yeah, I know. I'm saying it more often. And Maria's better not close those doors...
Vice Chairman Gort: Maria's watching. She's waiting for you anxiously.
Chairman Plummer: You know, it takes me 15 minutes to get here from Maria's.
Vice Chairman Gort: OK. If you quit talking, we'll get things done. Come on.
Chairman Plummer: Well, we're waiting for the City Attorney.
Vice Chairman Gort: OK. While we're waiting-- is he ready?
Chairman Plummer: You speak Greek?
Mr. Vilarello: The resolution, which is Item 54, reimposing the Fire Rescue Assessment, would be-- that's
in your package -- would be modified so that it would generate the gross amount of fourteen million four
hundred and seventy-three thousand four hundred and fourteen dollars ($14,473,414). That would put the
rate, per dwelling unit, the same in the upcoming year, as it currently is in the'98/99 fiscal year. Now, you
have to pass that resolution.
Chairman Plummer: All right. Let me just ask a question, again, on the record. If, in fact, that group that
sits in an ivory downtown, vetoes that item, as presented, we still have the availability-- not on the trim bill
-- but the availability to go directly on billing?
Mr. Vilarello: I would object to the use of the word "veto." But, yes, you would-- as a separate collection...
Chairman Plummer: Deny. I mean, what's the word?
Mr. Vilarello: Well, they would deny your-- they would reject your budget...
Vice Chairman Gort: Would recommend.
Chairman Plummer: Reject. All right.
Mr. Vilarello: ...and recommend to the Governor, for the Governor to take some action.
Chairman Plummer: All right. But what I'm saying is, we still would have the ability to go to direct billing,
as we have done previous.
Mr. Vilarello: Yes. You would...
Chairman Plummer: OK. Thank you. All right. Wait a minute. We've got to vote on that. Is that an
ordinance?
261 September 21., 1999
Mr. Vilarello: It's a resolution. It's a resolution...
Chairman Plummer: A resolution.
Commissioner Regalado: I move it.
Chairman Plummer: Moved by Regalado. Seconded by? Seconded by?
Commissioner Sanchez: What are we talking about?
Chairman Plummer: The fire fee.
Commissioner Sanchez: Stays where it's at?
Chairman Plummer: It is not an increase.
Commissioner Sanchez: Second.
Chairman Plummer: Second by Sanchez. All -- well, wait a minute now. Commissioner Gort-- Teele, I
think, wants to be voted in the negative. So, Mr. Clerk, if we don't adjourn, he would have the right to cast
his ballot, correct?
Mr. Walter J. Foeman (City Clerk): He has to do it on the record, yes.
Chairman Plummer: OK. Commissioner Teele, we're missing you. We're going to roll call on the item.
Mr. Clerk.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-689
A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY
COMMISSION RELATING TO THE PROVISION OF FIRE RESCUE
SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA; RE -IMPOSING FIRE RESCUE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999; APPROVING
THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE,
262 September 21, 1999
N
r
(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: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: And if Commissioner Teele does come in before we adjourn, he can be so noted. Mr.
Gort.
Vice Chairman Gort: I have Item 3, which is the amendment, entitled Streets and Sidewalk, by amending
section 54-190 entitled non-standard street width by the downtown. I'd like to move it as an emergency.
Chairman Plummer: I thought we did that.
Mr. Alejandro Vilarello (City Attorney): You did.
Mr. Jim Kay (Director, Public Works): Talking about moving it as an emergency item.
Mr. Vilarello: As an emergency. So, you'd move to reconsider that item and, then, pass it as an emergency.
Chairman Plummer: Move to reconsider. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-690
A MOTION TO RECONSIDER PRIOR VOTE ON AGENDA ITEM 3, WHICH
HAD PASSED ON FIRST READING EARLIER (ORDINANCE AMENDING
CHAPTER 54 OF THE CODE BY MODIFYING WIDTH OF FIRST AVENUE
FROM EAST FLAGLER STREET TO S.E. 2 STREET).
Note for the Record: This item was immediately thereafter passed as
Emergency Ordinance No. 11835.
263 September 21, 1999
L-
r .,7,
r" -',S
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: Now, as an emergency. Moved by Gort. Seconded by Sanchez. First reading. First
roll call. Second reading.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION
54-109 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/NONSTANDARD STREET WIDTHS," TO
MODIFY THE WIDTH OF NORTHEAST THROUGH SOUTHEAST
FIRST AVENUE FROM NORTHEAST THROUGH SOUTHEAST
SECOND STREET TO NORTHEAST FIRST AVENUE FROM EAST
FLAGLER STREET TO NORTHEAST SECOND STREET, MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
264 September 21, 1999
Whereupon the Commission on motion of Vice Chairman Gort and seconded by
Commissioner Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo
Commissioner Arthur E. Teele, Jr.
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11835
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public
Chairman Plummer: Mr. Gort, for the second item.
Vice Chairman Gort: The second item is a resolution of the Miami City Commission approving the
purchase and installation of equipment for 12 playgrounds at the various City parks and various vendors;
utilizing the existing Miami•Dade County contract number 4907. You all have the resolution there. For the
Department of Parks and Recreation; a total amount not to exceed three hundred and forty-four thousand
four hundred ($344,400); allocating funds therefore from account code numbers 589301-860, as state
legislative grant; 589301-830 Community Development Block Grant Funds, and 589305-860, Safe
Neighborhood Park Bonds. And here's a breakdown of the different parks. And this is for the day care --
what do you call that -- playground.
Mr. Alberto Ruder (Director, Parks and Recreation): Day care playground for Moore Park.
Vice Chairman Gort: Day care. Shenandoah Day -- this is all of them. Shenandoah, Moore Park, Moore
Park, Kinloch, Morningside, Dorsey Park, African Square, Athalie Range Park, Legion Park, African Park,
Kennedy Park and Courtesy Park. My understanding, the management recommends.
Mr. Donald Warshaw (City Manager): That's correct.
Chairman Plummer: Is there a second?
Commissioner Sanchez: Second.
Chairman Plummer: Any further discussion? All in favor say "aye."
265 September 21, 1999
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-691
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PURCHASE AND INSTALLATION OF EQUIPMENT FOR TWELVE (12)
PLAYGROUNDS AT VARIOUS CITY PARKS FROM VARIOUS
VENDORS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT
NO. 4907-3198-2, FOR THE DEPARTMENT OF PARKS AND
RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $344,400;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS. 589301-
860, A STATE LEGISLATIVE GRANT, 589301-830, COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, AND 589305-860, SAFE
NEIGHBORHOOD PARK BOND FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Manager, you have anything further?
Mr. Warshaw: No, sir.
Chairman Plummer: Mr. Clerk, you have anything further?
Mr. Foeman: No, sir.
PJt �S 'J iEDUL 0UDGET' WORKSHOP TOW SATUR] AY, SEPTEM:BER 25, 1999 AT 9
t{1la� S� q
tic`-rc-.
Commissioner Regalado: Mr. Chairman, what time is Saturday?
Chairman Plummer: Mr. Regalado?
Commissioner Regalado: Saturday, what time?
266 September 21, 1999
r
Chairman Plummer: Hold on. We're not yet adjourned. I think we agreed on 9 o'clock. Mr. Teele,
Saturday morning?
Commissioner Teele: Yes.
Chairman Plummer: Bagels and Lox, cream cheese, orange juice and coffee, free of charge by the Manager.
OK. Is there any other important items to come before this Commission this evening? This Commission is
in adjournment at exactly 9 o'clock.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 9:00 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
(SEAL)
JOE CAROLLO.
MAYOR
267 September 21, 1999