HomeMy WebLinkAboutCC 1999-10-12 MinutesCITY OF MIAMI
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COMMISSION
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OF MEETING HELD ON OCTOBER 12, 1999
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter A Foeman/Citu Clerk
IL -
INDEX
MINUTES OF SPECIAL COMMISSION MEETING
October 12,1999
ITEM NO.
SUBJECT
LEGISLATION
1.
(A) REVIEW MAYOR'S BUDGET PROPOSALS (NAME
10/12/99
RIGHTS OF ORANGE BOWL; USE OF LAW
M 99-141
R 99-742
ENFORCEMENT TRUST FUND FOR POLICE
2-24
OVERTIME);
(B) ORDER REPORT, TIMETABLE, AND PLAN TO
ANALYZE PROPOSED PRIVATIZATION OF OFF-STREET
PARKING DEPARTMENT;
(C) BOND COUNSEL RE PRIVATIZATION OF OFF-
STREET PARKING. [See section 3]
2.
PRESENTATIONS & PROCLAMATIONS:
10/12/99
CERTIFICATES OF APPRECIATION TO SPONSORS OF
DISCUSSION
DOMINO BRIDGE COMMUNITY TOURNAMENTS:
24
COCONUT GROVE BANK, COCONUT GROVE
CHAMBER OF COMMERCE, CASINO PRINCESA,
BAYFRONT PARK MANAGEMENT TRUST AND
HUMANA.
3.
COMMISSIONER SANCHEZ TO CHAIR COMMITTEE TO
10/12/99
RESTORE ORANGE BOWL - INVOLVE ATHLETIC
M 99-743
DIRECTOR OF UNIVERSITY OF MIAMI.
24-27
4.
DISCUSS BUDGET OF SISTER CITIES PROGRAM —
10/12/99,
DISCUSS CITY'S INVOLVEMENT WITH MAYOR'S
27
"SUMMIT OF THE AMERICAS" CONFERENCE.
39744
5. AMEND CHAPTER 56 OF THE CODE "TAXATION," 10/12/99
TO PROVIDE FOR ADDITIONAL HOMESTEAD ORDINANCE
EXEMPTION FOR SENIOR CITIZENS. 3946
6. (A) CONSENT AGENDA 10/12/99
(B) DEFERRAL OF PROPOSED ACCEPTANCE OF BID: DISCUSSION
f :0/ EDFM CORPORATION, FOR "ENTRADA 46-49
�� %f/' UARDHOUSE"
14 1111
6.1
ACCEPT BID OF COMMERCIAL ENERGY
10/12/99
'
SPECIALIST, INC., FOR POOL CHEMICALS AND
R 99-745
SUPPLIES, FOR - DEPARTMENT OF PARKS AND
49
RECREATION, ($47,266.75); ALLOCATE FUNDS FROM
THE FISCAL YEAR 1999-2000 PARKS AND
RECREATION DEPARTMENT OPERATING BUDGET.
6.2
ACCEPT BID: AMERICAN OVER -HEAD DOOR
10/12/99
COMPANY, INC., FOR THE ROLLING DOORS AT
R 99-746
AFRICAN SQUARE PARK, FOR DEPARTMENT OF
50
PARKS AND RECREATION, ($12,391); ALLOCATE
FUNDS FROM COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS AS APPROPRIATED IN THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT
ORDINANCE NO. 11705.
6.3
AUTHORIZE MANAGER TO ACCEPT GRANT,
10/12/99
($104,600), FROM U.S. DEPARTMENT OF HEALTH
R 99-747
AND HUMAN SERVICES (TITLE XX) THROUGH
so
METROPOLITAN DADE COUNTY TO PROVIDE CHILD
DAY CARE SERVICES TO CHILDREN FROM LOW-
INCOME FAMILIES, SAID PROGRAM ADMINISTERED
BY THE PARKS AND RECREATION DEPARTMENT.
6.4
CODESIGNATE NORTHWEST 14TH AVENUE FROM
10/12/99
NORTHWEST 3RD STREET TO. NORTHWEST 7TH
5199-748
STREET, AS "SONNY HIRSH WAY".
6.5
AUTHORIZE MANAGER TO EXECUTE AGREEMENT,
10/12/99
WITH AMERICAN SOCIETY OF COMPOSERS,
R 99-749
AUTHORS AND PUBLISHERS ("ASCAP"), FOR MUSIC
51
LICENSING RIGHTS AT . BAYFRONT PARK
AMPHITHEATER.
7.
DEFER CONSIDERATION OF PROPOSED CODE
10/12/99
AMENDMENT TO ESTABLISH REGULATIONS AND
M 99-750
REQUIRE FRANCHISES FOR COLLECTION OF
51-52
RECYCLABLE/RECOVERABLE MATERIALS — NOTE
ATTORNEY GENERAL'S OPINION.
8.
TABLE CONSIDERATION OF PROPOSED APPROVAL OF
10/12/99
CONSTRUCTION FOR REPLACEMENT OF SIDEWALKS
DISCUSSION
AND CURBS IN THE DOWNTOWN CENTRAL BUSINESS
52-54
DISTRICT. (See section 42)
9„ RATIFY, APPROVE, CONFIRM MANAGER'S 10/12/99
FINDING OF EMERGENCY, WAIVE REQUIREMENTS R 99-751
FOR COMPETITIVE SEALED BIDS AND AUTHORIZE 55-57
MANAGER TO SOLICIT INFORMAL BIDS FROM
POTENTIAL PROVIDERS, INCLUDING
PROFESSIONAL DESIGN SERVICES, AND BID(S),
FOR CONSTRUCTION IMPROVEMENTS AT CITY
HALL, 3500 PAN AMERICAN DRIVE, TO COME IN
COMPLIANCE WITH REQUIREMENTS OF AMERICAN
WITH DISABILITIES ACT (ADA), ($200,000).
10. AMEND RESOLUTION NO. 98-297, ADOPTED MARCH 10/12/99
24, 1998, BY ELIMINATING THE SPECIFIC R 99-752
COMMUNITY DEVELOPMENT BLOCK GRANT 57-58
(CDBG) FUNDED PROJECTS AND INCOME
ACCOUNTS TO PROVIDE PROJECT FINANCING TO
THE EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION FOR THE PROPOSED
LATIN QUARTER SPECIALTY CENTER PROJECT
($1,600,000).
H . BOB KARL re PROPOSAL FOR A CITY OF MIAMI 10/12/99
AQUATIC CLUB FOR CHILDREN TO SWIM. DISCUSSION
58
12. EMERGENCY ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND: "WORKFORCE INVESTMENT ACT
(WIA) PROGRAM (FY' 99)" APPROPRIATE FUNDS
($857,390) CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF LABOR, THROUGH THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
13. EMERGENCY ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND: "REFUGEE EMPLOYMENT AND
TRAINING (RET) PROGRAM (PY'99-2000)"
APPROPRIATE FUNDS ($106,170) FROM THE FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
THROUGH THE OFFICE OF REFUGEE RESETTLEMENT,
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES — REQUEST REPORT ON WORKFORCE
DEVELOPMENT.
10/12/99
ORDINANCE 11842
59-60
10/12/99
ORDINANCE 11843
60-63
14. COST FACTORS TO BE IDENTIFIED ON CABLE 10/12/99
TELEVISION SCREEN DURING DISCUSSION OF ITEMS. M 99.753
63-64
j5.
FIRST READING ORDINANCE CODE: AMEND
10/12/99
SECTIONS 42-102 THROUGH 42-.104 "TOWING OF
ORDINANCE
MOTOR VEHICLES"; TO PROVIDE DEFINITIONS
64-73
AND ESTABLISH REGULATIONS, PROCEDURES AND
-PENALTIES FOR THE IMMOBILIZATION OF
VEHICLES PARKED ON PRIVATE PROPERTY
WITHOUT PERMISSION OR AUTHORITY; BY
RENAMING TO "TOWING AND IMMOBILIZATION OF
MOTOR VEHICLES," (BOOTING CARS).
16. '
DEFER CONSIDERATION - OF PROPOSED CODE
10/12/99
AMENDMENT TO ALLOW CURRENT SIGHTSEEING
M 99-754
'BOAT - DOCKAGE AGREEMENT HOLDERS WHO
73-74
OPERATE INSIDE THE BASIN OF MIAMARINA TO
OPERATE A SECOND SIGHTSEEING BOAT.
17.
SECOND READING ORDINANCE: AMEND CODE,
10/12/99
"PERSONNEL/CIVIL SERVICE RULES AND
ORDINANCE 11844
REGULATIONS," TO COMPLY WITH THE MAY 4,
74-75
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 [DELETE SECTION 40-88(e)]..
18.
TABLE CONSIDERATION OF PROPOSED INCREASE OF
10/12/99
SOLID WASTE FEE. (see section #43)
DISCUSSION
75-76
19.
FIRST READING ORDINANCE: ACCEPT GRANT FROM
10/12/99
MIAMI-DADE CULTURAL AFFAIRS COUNCIL FOR
ORDINANCE
MANUEL ARTIME PERFORMING ARTS CENTER,
76-77
AND ESTABLISH NEW SPECIAL REVENUE FUND:
"ARTIME CENTER IMPROVEMENTS" AND
APPROPRIATE FUNDS ($145,000).
20.
FIRST READING ORDINANCE: AMEND CODE SECTION
10/12/99
2-892 'AND SECTIONS 22-170 THROUGH 22-174
ORDINANCE
"ADMINISTRATIONBOARDS, COMMITTEES,
78-79
COMMISSIONS," AND "GARBAGE AND OTHER
SOLID WASTE" TO CREATE THE COMMERCIAL
SOLID -WASTE MANAGEMENT ADVISORY
COMMITTEE.
yl.
RATIFY, APPROVE, CONFIRM MANAGER'S
10/12/99
FINDING OF EMERGENCY AND APPROVE
R 99-755
PROVISION AND INSTALLATION OF TWO AIR-
79-80
CONDITIONING UNITS AT THE ALLAPATTAH
ELDERLY CENTER, FROM EAGLE A/C OF MIAMI,
FOR THE OFFICE OF ASSET MANAGEMENT, ($9,948.78)
- ALLOCATE FUNDS.
22.
RATIFY, APPROVE, CONFIRM MANAGER'S
10/12/99
FINDING OF EMERGENCY, WAIVE REQUIREMENTS
R 99-756
FOR COMPETITIVE SEALED BIDS AND APPROVE
80-82
PURCHASE AND INSTALLATION OF AN AIR-
CONDITIONING UNIT FOR THE MICROFILM
SECTION OF THE BUILDING AND ZONING
DEPARTMENT FROM, PRIME ELECTRICAL
CONTRACTORS, INC., TEMPTROL AIR
CONDITIONING, INC. AND JOHNSON CONTROLS -
($9,500) - ALLOCATING FUNDS.
23.
RATIFY, APPROVE, CONFIRM MANAGER'S
10/12/99
FINDING OF EMERGENCY, APPROVE ACQUISITION
R 99-757
OF FOUR (4) LAPTOP COMPUTERS UTILIZING STATE
83-84
OF FLORIDA STATE NEGOTIATED AGREEMENT PRICE
SCHEDULE (SNAPS) FROM COMARK GOVERNMENT
AND EDUCATION SALES, WAREFORCE INC. AND
AT&T WIRELESS SERVICE, ALLOCATE FUNDS
($11,946.28).
24.
(A) RATIFY, APPROVE, CONFIRM MANAGER'S
10/12/99
FINDING OF EMERGENCY; WAIVE REQUIREMENTS
R 99-758
FOR COMPETITIVE SEALED BIDS, APPROVE
84-87
PROCUREMENT OF . 125 BRASS OXYGEN
REGULATORS FOR DEPARTMENT OF FIRE -RESCUE
FROM ALLIED HEALTH CARE PRODUCTS, INC.,
($13,250); ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROJECT.
(a) DISCUSS SPECIFICATIONS ISSUED REGARDING
TIRES FOR THE FIRE DEPARTMENT — ANALYSIS
REQUESTED OF GOODYEAR TIRES PURCHASED.
25. DISCUSS AND DEFER CONSIDERATION OF 10/12/99
EMERGENCY PURCHASE OF AIR CONDITIONERS, DISCUSSION
FURNITURE KITCHEN CABINETS AND APPLIANCES 87-90
FOR RENOVATION OF FIRE STATIONS. (See sections 63,
64 and 67)
?,16• APPROVE RECOMMENDATION OF MANAGER TO 10/12/99
ACCEPT LETTER OF INTEREST FROM GREENBERG R 99-759
TRAURIG, P.A. -FOR CONSULTING SERVICES TO 90-92
ASSIST IN LEASE NEGOTIATIONS OF VARIOUS
CITY -OWNED PROPERTIES; AUTHORIZE MANAGER
TO EXECUTE PROFESSIONAL SERVICES AGREEMENT,
($45,000), INCLUDING OUT-OF-POCKET EXPENSES;
ALLOCATE FUNDS.
27. MANAGER TO REPORT ON IMPACT OF PROPOSED 10/12/99
ESTABLISHING SIXTY-FOUR (64) HOURS PER PAY M 99-760
PERIOD AS FULL TIME EMPLOYMENT FOR THE 93-97
PURPOSES OF COMPUTING HEALTH, PENSION AND
EMPLOYEE BENEFITS - PLAN FOR FOUR -DAY
WORK WEEK.
28. PRESENTATION BY FLAGAMI NET SERVICE CENTER. 10/12/99
DISCUSSION
97-100
29. AUTHORIZE MANAGER TO EXECUTE AGREEMENT 10/12/99
WITH AT&T WIRELESS SERVICE FOR CIRCUIT R 99-761
DATA PACKET DATA (CDPD) SERVICE, UTILIZING 101-102
EXISTING STATE OF FLORIDA CONTRACT FOR
DEPARTMENT OF INFORMATION TECHNOLOGY,
($200,000); ALLOCATE FUNDS FROM OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS,
REQUIRING BUDGETARY APPROVAL FROM
INDIVIDUAL DEPARTMENTAL ACCOUNTS PRIOR TO
USAGE.
30. AUTHORIZE INCREASE IN CONTRACT WITH 10/12/99
MICROSOFT CORPORATION, UTILIZING STATE OF R 99-762
FLORIDA NEGOTIATED AGREEMENT PRICE 102-103
SCHEDULE (SNAPS), FOR DEPARTMENT OF
INFORMATION TECHNOLOGY, ($50,000) FOR A TOTAL
AMOUNT OF $100,000; ALLOCATE FUNDS.
31. ACCEPT BID OF M. VILA & ASSOCIATES, INC., FOR 10/12/99
"FAIRLAWN STORM SEWER PROJECT - PHASE 1, B- R 99-763
5629" ($1,331,193); ALLOCATE FUNDS 'AS 103-108
APPROPRIATED ORDINANCE NO. 1.1705; AND
AUTHORIZE MANAGER TO EXECUTE CONTRACT.
32. ACCEPT PLAT "WYNWOOD TOWER"
10/12/99
R 99-764
108-109
3}.
RESCIND BID AWARD TO EDU-TECH, INC., FOR
10/12/99
DECLINING TO PERFORM WORK, AND ACCEPT,
R 99-765
AWARD BID TO VARIOUS VENDORS UTILIZING
109-110
EXISTING MIAMI-DADS COUNTY CONTRACT FOR
PLAYGROUND EQUIPMENT AT WEST BUENA VISTA
AND MILLER DAWKINS PARKS, ($58,300), FOR
DEPARTMENT OF PARKS AND RECREATION;
ALLOCATE FUNDS FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, AS
APPROPRIATED BY GENERAL APPROPRIATION AND
CAPITAL IMPROVEMENTS ORDINANCE NO. 11748.
34.
AUTHORIZE INCREASE IN CONTRACT OF
10/12/99
GOVERNMENT CENTER HEALTH SERVICES, INC.,
R 99-766
($4,500); INCREASING THE TOTAL CONTRACT
110-112
FROM $32,705 TO $37,205 TO PROVIDE PHYSICAL
EXAMINATIONS FOR THE DEPARTMENT OF
HUMAN RESOURCES; ALLOCATE FUNDS).
35.
AUTHORIZE INCREASE IN CONTRACT WITH
10/12/99
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
R 99-767
($4,800) FOR FY '99; INCREASING TOTAL
112-113
CONTRACT. FROM $11,140 TO $15,940 FOR
BACKGROUND INVESTIGATION SERVICES, AND
PROVIDING FOR THESE SERVICES ANNUALLY
($12,800), BEGINNING FY' 2000, FOR THE
DEPARTMENT OF HUMAN RESOURCES; ALLOCATE
FUNDS.
36.
SETTLEMENT: ANAIS AURORA BADIA, $475,000.
10/12/99
R 99-768
113-116
37.
- DISCUSS TOWING RFQ MODIFICATION (See section #39).
10/12/99
DISCUSSION
116-117
38.
SCHEDULE EXECUTIVE SESSION CONCERNING
10/12/99
BRICKELL HEIRST.
DISCUSSION
117-119
39.
APPROVE TOWING CHARGES - REQUIRE TOWING
10/12/99
COMPANIES TO PROVIDE TOWING SERVICE OF ALL
M 99-769
CITY VEHICLES AT NO COST. (See section # 37).
120-128
40.
DISCUSS SCHEDULING OF EVENTS AT CITY
10/12/99
FACILITIES - HEALTH SAFETY/SECURITY CONCERNS -
DISCUSSION
POLICE RIOT GEAR - VAN VAN CONCERT - ZEN RAVE
128-133
CONCERT.
41. APPROVE SPECIAL EXCEPTION TO ALLOW PARKING 10/12!99
LOT AT APPROXIMATELY 2235 S.W. 8 STREET AND R 99-770
2230/2240/2250 S.W. 7 STREET [applicant: Carlos Torres de - 13'-135
Navarra for Little Havana Miami, Inc.]
42. RATIFY, APPROVE, CONFIRM MANAGER'S 10/12/99
FINDING OF EMERGENCY,.WAIVE REQUIREMENTS R 99-771'
FOR COMPETITIVE SEALED BIDS, APPROVE 135-136
CONSTRUCTION FOR REPLACEMENT OF
SIDEWALKS AND CURBS IN DOWNTOWN CENTRAL
BUSINESS DISTRICT ($1,074,000); AUTHORIZE
MANAGER TO ENTER INTO AGREEMENT; ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENT PROJECT AS
APPROPRIATED BY APPROPRIATIONS AND CAPITAL
IMPROVEMENTS ORDINANCE. (see section # 8).
43. SECOND READING ORDINANCE: AMEND CODE 10/12/99
SECTION 22-12, INCREASE SOLID WASTE FEE FROM ORDINANCE 11845
$216.00 TO $234.00 FOR FY 1999-2000, EFFECTIVE 137-138
APRIL 1, 2000. (see section # 18)
44. APPROVE PURCHASE, - INSTALLATION OF
10/12/99
PLAYGROUND EQUIPMENT AT VARIOUS CITY PARKS
R 99-772
FROM VARIOUS VENDORS, UNDER EXISTING MIAMI-
139-140
DADE COUNTY CONTRACT ($223,067) - ALLOCATE
FUNDS FROM PARKS DEPARTMENT AND IMPACT
FEES FROM CIP FUNDS APPROPRIATED UNDER ORD.
11748.
45. ENDORSE SUBMISSION OF APPLICATION TO STATE
10/12/99
DEPARTMENT OF TRANSPORTATION (FDOT) FOR
R 99-7.73
$25,000,000 GRANT TO PAY FOR TWO WAY STREET
140-141
CONVERSION FOR FLAGLER STREET, S.E. 2 STREET,
SE. 2 AVENUE, S.E. 4 STREET (BISCAYNE BOULEVARD
WAY), BISCAYNE BOULEVARD, S.E. 3 STREET, AND
S.E. 3 AVENUE, WHICH REQUIRE REALIGNMENT OF
-ONE BLOCK OF METRO -MOVER MAIN LINE AND
CONSTRUCTION OF METRO -MOVER
TRANSPORTATION STATION - IN NECESSARY
RECOMMEND AND AUTHORIZE CITY TO BECOME CO -
APPLICANT.
46. URGE MIAMI-DADE COUNTY AND STATE OF FLORIDA
10/12/99
TO EXPEDITE INVESTIGATION AND PROCESS
R 99-774
NECESSARY TO INSTALL A TRAFFIC SIGNAL AT
141-142
INTERSECTION OF BRICKELL AVENUE AND S.E. 14
STREET.
4,7. BRIEF COMMENTS RE PROPOSED KEEP KIDS DRUG 10/12/99
FREE TOY RUN. (See section # 51 and # 53). DISCUSSION
143
48. DISCUSS RE BODY WORK (GARAGE) FOR CITY 10/12/99
VEHICLES, REQUEST FOR PROPOSALS. DISCUSSION.
143-146
49. STATUS REPORT RE ABUSE OF WORKERS' 10/12/99
COMPENSATION PRIVILEGES. DISCUSSION
146-147
50. DISCUSS POSSIBILITY OF CONVERTING S.W. 8 STREET 10/12/99
INTO TWO-WAY ROAD. DISCUSSION
147-148
51 AUTHORIZE USE OF ORANGE BOWL PARKING LOT BY 10/12/99
VILLAGE AND THE LATIN AMERICAN MOTORCYCLE M 99-775
ASSOCIATION RE KEEP KIDS DRUG FREE TOY RUN. 148-149
(see sections # 47 and # 53).
52 PLACE NOTICE (AD) IN NEWSPAPER(S) AND 10/12/99
BROADCAST ANNOUNCEMENTS ON NET 9 R 99-776
IDENTIFYING PROVIDERS WHO HAVE EXECUTED 149-150
COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENTS WITH CITY.
53 RECONSIDER . PRIOR MOTION AND REAFFIRM 10/12/99
AUTHORIZATION TO USE ORANGE BOWL PARKING M 99-777
LOT BY VILLAGE AND THE LATIN AMERICAN M 99-777.1
MOTORCYCLE ASSOCIATION RE KEEP KIDS DRUG 151-152
FREE TOY RUN. (See sections # 47 and # 51).
54 ESTABLISH POLICY: RELATED TO NOT -FOR -PROFIT 10/12/99
ORGANIZATIONS WHOSE RECORDS ARE NOT R 99-778
SUBJECT TO FLORIDA SUNSHINE LAW OR FLORIDA 152-155
PUBLIC RECORDS LAW (1) RESTRICT USE OF CITY
PROPERTY OR EQUIPMENT AND/OR CITY EMPLOYEES
(ON OR OFF -DUTY) FROM PROVIDING PAID OR PRO
BONO SERVICES, UNLESS ORGANIZATION PROVIDES
FUNDS FOR COST OF SAME; (2) PROHIBIT GRANT OF
ANY FEE WAIVERS OR FUNDING TO SAID
ORGANIZATIONS. (see section # 4-B).
55 DISCUSS JOB TRAINING, RECRUITMENT AND HIRING 10/12/99
FROM THE OVERTOWN AREA AS REQUIRED IN THE M 99-779
SALE OF LAND FOR THE NEW WINN DIXIE 155-163
SUPERMARKET — AUTHORIZE CITY MANAGER TO
GRANT FP&L EASEMENT SUBJECT TO CONDITIONS
REGARDING FIRST SOURCE HIRING ARRANGEMENTS.
a: , +
5,¢ AUTHORIZE DEPARTMENT OF OFF-STREET PARKING 10/ 12/99
TORETAIN COUNSEL ($25,000). (See Sections I and 3). R 99-780
163-163
57 REJECT LETTERS OF INTEREST RE PARKING 10/12/99
SURCHARGE . COLLECTIONS - — AUTHORIZE M 99-781
NEGOTIATIONS WITH REVENUE RECOVERY 16'-172
SERVICES AND OTHER INTERESTED PARTIES.
58 SUPPORT; COMMITMENT FOR ADDITIONAL 10/12/99
HOMESTEAD :EXEMPTION 'TO SAVE OUR SENIORS - M 99-782
RAISE SHORTFALLS FROM AD VALOREM TAX 173-175
REVENUE BASE, IF REQUIRED. (See section # 5).
59 DISCUSS PROPOSED AFFORDABLE HOUSING PROJECT 10/12/99
AT CIVIC CENTER SITE NEAR JACKSON HOSPITAL. DISCUSSION
175-177
60 DISCUSSION: STORMWATER UTILITY TRUST FUND. 10/12/99
DISCUSSION
177-182
61 INSTRUCT MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT, WITH THE CLERK OF
THE COURTS TO USE THE MANAGEMENT
RESOURCES OF MIAMI-DADE COUNTY TO REVIEW
LEGISLATIVE OPTIONS FOR THE MERGER OF THE
CITY OF MIAMI FIRE -RESCUE DEPARTMENT WITH
THE MIANH-DADS COUNTY FIRE DEPARTMENT,
WITH THE ASSOCIATED COSTS TO BE INITIALLY
ALLOCATED FROM BUDGET RESERVES OF THE CITY
OF MIAMI WITH APPROVAL OF GOVERNOR'S
EMERGENCY OVERSIGHT BOARD.
62 AUTHORIZE MANAGER TO ENTER INTO A TASK
ORDER TO PROVIDE ANALYSIS AND
RECOMMENDATIONS OF NOT LESS THAN THREE
OPTIONS TO REDUCE AND STREAMLINE
-DEPARTMENTS OF THE CITY AND TO CONSULT
WITH THE FLORIDA LEAGUE OF CITIES IN
FORMULATING A REORGANIZATION STRUCTURE
OF THE 25 TO 30 DEPARTMENTS OF THE CITY,
INCLUDING THE CITY CLERK _ AND RISK
MANAGEMENT AS IT RELATES TO THE CITY
ATTORNEY - MANAGER TO WORK WITH EXTERNAL
AUDITOR AND CONSULT WITH LEAGUE.
10/12/99
R 99-783
182-188
10/12/99
R 99-784
188-189
6,3 RATIFY, APPROVE, CONFIRM MANAGER'S 10/12/99
FINDING OF EMERGENCY, WAIVE REQUIREMENTS R 99-185
FOR COMPETITIVE SEALED BIDS, APPROVE 189-191
PROCUREMENT AND INSTALLATION OF KITCHEN
CABINETS AND APPLIANCES, FROM VARIOUS
VENDORS FOR RENOVATION OF EIGHT FIRE
STATIONS, FOR THE DEPARTMENT OF FIRE -RESCUE,
($172,233.84); ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM (CIP), "FIRE STATION AND
BUILDING RENOVATIONS," FUNDED BY THE FIRE
ASSESSMENTS. (See Section #25.
64 DISCUSS PROCUREMENT OF AIR CONDITIONERS AT 10/12/99
FIRE STATIONS. (See sections # 25-C and # 67). DISCUSSION
191-192
65 DISCUSS PROBLEMS RE STREET SWEEPING NOT 10/12/99
BEING PROVIDED CHARTS AS REQUESTED. DISCUSSION
193
66 DISCUSS POSSIBLE RESTORATION OF ALL BUDGET 10/12/99
CUTS MADE TO CITY DEPARTMENTS. DISCUSSION
193
67 DEFER CONSIDERATION OF EMERGENCY PURCHASES 10/12/99.
OF AIR CONDITIONERS AND FURNITURE FOR FIRE DISCUSSION
STATIONS. (See sections # 25 and # 64. 193-194
68 DIRECT MANAGER TO REDUCE NUMBER OF 10/12/99
EMERGENCY ITEMS ON AGENDA. DISCUSSION
194
L
MINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of October 1999, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session.
The meeting was called to order at 9:05 a.m. by Chairman J.L. Plummer, Jr., with the following
members of the Commission found to be present:
Chairman J.L. Plummer; Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Vice Chairman Wifredo Gort (District 1)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
[COMMENTS MADE PRIOR TO CONVENING:]
Chairman Plummer: Mr. Clerk, Special Meeting of this Commission is called for 9:00, am I correct?
Mr. Walter Foeman (City Clerk): That's correct.
Chairman Plummer: OK. We don't have a City Manager. I don't think we have a City Attorney. Are there
any other Commissioners in the house? All right. I'll ask that Commissioner Sanchez give the prayer and
Commissioner Regalado will give the pledge to allegiance, and I assume we'll open. Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Plummer: This is a special meeting and we'll open it up and then just go into the other one?
Mr. Alejandro Vilarello (City Attorney): Yes.
Chairman Plummer: Commissioner Sanchez, the prayer, please. Everybody would please stand.
October 12, 1990
• ! E
An invocation was delivered by Commissioner Sanchez, followed by Commissioner Regalado leading those
present in a pledge of allegiance to the flag.
1. (A)REVIEW MAYOR'S BUDGET PROPOSALS.(NAME RIGHTS OF ORANGE BOWL; USE OF
LAW'ENFORCEMENT TRUST FUND FOR POLICE OVERTIME),
JB) ORDER REPORT; T- IMETABLE;.AND-PLAN TO. ANALYZE PROPOSED PRIVATIZATION
OF OFF-STREET PARKING DEPARTMENT;
(C) BOND COUNSEL RE PRIVATIZATION OF OFF-STREET PARKING
fSee section 31
Chairman Plummer: All right. As you're probably aware, we're going — this meeting was called as a special
meeting of the Commission for the handling of matters and Mr. Warshaw is here now. The first item is
concerning the Administration's analysis and recommendations in reference to the Mayor's budget
proposals. Mr. Manager.
Mr. Donald Warshaw (City Manager): Good morning, Commissioners.
Chairman Plummer: Good morning, sir.
Mr. Warshaw: As I discussed with you at the last Commission meeting, the Mayor had made certain
recommendations and proposals regarding some revenue enhancements. I've distributed to you copies of
memorandum from Christina Abrams regarding naming rights to the Orange Bowl. It's something that we're
going to be looking at for this year but, at this point, there's really not more to share with you, other than
what I did at the last meeting. But the key issue in that recommendation had to do with the privatization or
the taking over by the City of Off -Street Parking Authority and, on that issue, I'm going to defer it to the
City Attorney but tell you that Quinn Jones had issued an opinion in 1992, that the City could do that.
However, the attorneys representing Off -Street Parking don't agree with that and, basically, it,would have to
be something, I assume, for the City Attorney to opine on.
Chairman Plummer: Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Just briefly. The Department of Off -Street Parking has created
and authorized, pursuant to a Charter provision. Typically speaking, in order to abolish such provisions -- a
department, it would require a referendum. However, Mr. Jones issued an opinion, with which I concur,
which allows for the department, essentially, to be removed of its obligation by ordinance and it would still
continue to exist as a board. The Department of Off -Street Parking Board will continue to exist, but it
would be stripped, essentially, of its powers and responsibilities. That would be delegated to the City
Manager, as a division under the City Manager. Now, in the last year, there's been new bond issues from
the Department of Off -Street Parking. Of course, those were issued by the City of Miami. However, before
this Commission considers an ordinance abolishing the Department of Off -Street Parking, I would advise
you that we need bond counsel direction/advice retained by the City to consider the consequences of the
abolishment of the Department.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: A question for the City Manager or the City Attorney. If we were to take over
2 October 12, 1999
2
Off -Street Parking, the City would administer Off -Street Parking. Therefore, we would be responsible for
the employees and the way that it's run and how the administration of that such departments were to be
handled? -
Mr. Warshaw: Yes, sir, that's correct, if that were to be the case.
Commissioner Sanchez: And the toughest issue now that we would inquire about or look into would be the
bond issues?
Mr. Vilarello: Certainly. Obviously, even under any circumstances, we couldn't impair the debt of the
Department of Off -Street Parking issued through the City of Miami. However, I would be concerned that
the abolishment of the department and independency of the board may have a consequence that bond
counsel would advise us as because — one of the consequences, of course, could require the bonds to be paid
off, as a result of the abolishment of the department. So, I would recommend, strongly, that, if we -- if the
City Commission is going to consider that, that we retain bond counsel to give us direction with regard to
the existing debt.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Mr. City Manager, just as a clarification. Do you have any idea why this issue
was placed and taken off the agenda on June 22nd, July 13, July 27th, September 14th?
[COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 9:09 AM]
Commissioner Teele: What are you reading from?
Commissioner Regalado: This here.
Mr. Warshaw: You're talking about in Off -Street Parking?
[VICE CHAIRMAN GORT ENTERED THE COMMISSION CHAMBERS AT 9:10 AM]
Commissioner Regalado: Yes. This same issue that we're discussing now. It was on the Mayor's Citywide
blue issues but it was taken off the agenda since June and we never get any back-up information on this
issue.
Mr. Warshaw: I don't know why — other than to tell you, it was taken off at the Mayor's request.
Commissioner Regalado: OK.
Chairman Plummer: All right. Mr. Gort,-you have any comments on "A"?
Vice Chairman Gort: No.
Chairman Plummer: We're now on "B." Discussion concerning the budget for Sister Cities Programs.
Commissioner Teele: Mr. Chairman?
3 October 12, 1999
f
Chairman Plummer: Mr. Teele.
Commissioner Teele: May I be afforded the same opportunity as my colleagues on "A"?
Chairman Plummer: I'm sorry, sir. I didn't see you come in. I'm sorry. On "A."
Commissioner Teele: Is there a written...
Chairman Plummer: Mr. Manager?
Commissioner Teele: ...recommendation or analysis from the Manager on this?
Mr. Warshaw: No, sir. Other than to tell you, there is a one hundred and sixty thousand dollar ($160,000)
line item in Special Programs and Accounts.
Chairman Plummer: No. Excuse me. Excuse me. I did not see Mr. Teele come in and I. went to, "B." He
asked to be recognized on "A" and he is now on "A."
Mr. Warshaw: Oh, I'm sorry. I'm song.
Commissioner Teele: Well, Mr. Chairman, I — the Mayor has given us four proposals, I believe?
Chairman Plummer: The Orange Bowl, Off -Street...
Mr. Warshaw: The Orange Bowl, Off Street Parking, the Law Enforcement Trust Fund...
Commissioner Teele: Can we have copies of the Mayor's memorandum that's available? It was not a part of
the agenda packet.
Mr. Warshaw: The memorandum from the Mayor? -
Commissioner Teele: Yes.
Chairman Plummer: Yes.
Mr. Warshaw: We'll get you a copy.
Commissioner Teele: Mr. Chairman, I realize we have a long agenda today but I think, you know, we were
criticized, I think, unfairly for not discussing the Mayor's proposals. But I think 13 minutes is hardly
sufficient deference to the Office of the Mayor and I think we should have a thorough discussion. I think we
should hear from the management on each and every one of the Mayor's proposals and...
Chairman Plummer: Mr. Teele, prior to your arrival, we gave every Commissioner the right to say whatever
they wanted.
Commissioner Teele: Well, I'm...
Chairman Plummer: The Manager gave us a full detail on both the Orange Bowl and Off -Street Parking and
the City Attorney and if you wish to discuss it any further, I don't think — I gave everybody the opportunity
to speak.
4 October 12, 1999
Commissioner Teele: Well, Mr. Chairman, I do wish to give great deference to the Mayor's
recommendations and I...
Chairman Plummer: Absolutely. And you have that opportunity.
Commissioner Teele: I would like to hear from the staff on each one of the .proposals. I would like to
develop a plan, before we go to the next item, to deal with those proposals. The one of Off -Street Parking
is, I think, of great interest and I think it is totally complicated by legal issues and I want to hear from the
City Attorney. I understand that the.previous City Attorney issued an opinion. I want to know, is this City
Attorney standing by that opinion? Are you prepared to issue a new opinion on the Off -Street Parking? I
would like to hear from Off -Street Parking. But I think the point that .Commissioner Regalado has made
deserves some deference. Well -- and that point is simply this. This item has appeared on this agenda. at
least, five times. Even before Mayor Carollo was here, there was discussions about this by Mayor Suarez.
in fairness to the record. And A think we need to deal with the issue of Off -Street Parking in a
comprehensive manner and we need to not put it on the agenda if it is designed to get somebody's attention
or if it's designed really to have a thoughtful discussion on it, and I need to understand where we're going on
that. So, do you have the first recommendation of the Mayor?
Chairman Plummer: Mr. City Attorney, I will ask you to repeat, for Commissioner Teele's benefit, that
which you told us earlier in reference to the Off -Street Parking.
Mr. Vilarello: As I mentioned before, Mr. Jones did issue an opinion with which I concur and a copy of it
was distributed last week or, at least, after the last budget meeting.
Commissioner Teele: Could I get a copy of it at this time? And could you also make one available to the
Off -Street Parking?
Mr. Vilarello: And I, at the time, made it available to the board. Exactly what distributed to the City
Commission, I distributed to the Off -Street Parking Board and its Executive Director at the same time. I do
continue to concur with the opinion; however, because of the new debt issued, before this City Commission
would consider an ordinance abolishing the Department of Off -Street Parking, I would highly recommend —
in fact, I do recommend that we retain bond counsel to review both Mr. Jones' opinion and the effect on the
existing debt.
Commissioner Teele: Let me ask you this. If we're going to discuss Off -Street Parking, I'm prepared to do
that. The question that I have is this: First, who is general counsel to Off -Street Parking?
Mr. Vilarello: The City Attorney is. I am.
Commissioner Teele: OK. Do you believe that, in light of this, discussion that the Off -Street Parking -- that
the City Attorney should make appropriate, legal — do you believe that, as we begin this discussion on
Off -Street Parking, do you believe that the Off -Street Parking or the City Attorney should make other
arrangements or adjustments?
Mr. Vilarello: If the City Commission considers the abolishment of the department, I'm certain that the
Department of Off -Street Parking will...
Commissioner Teele: Well, I think it's on the agenda. We're discussing it now. And I think, from a legal
point of view, Mr. Attorney — I mean — see, I'm looking at the CRA (Community Redevelopment Agency)
October 12, 1999
and I'm looking at the Miami Arena and what was done there was totally illegal, in my opinion, but I'm not a
lawyer for the purposes of the City Attorney. I'm just a mere lawyer for the purposes of Florida Bar. But I
don't want to get into something where we're in the same situation. I'm very uncomfortable with the City
Attorney representing Off -Street Parking, if this issue is on the agenda for discussion, as it is on our agenda.
Because I am prepared to make the motion that number one, we retain bond counsel for the purpose of
evaluating the Mayor's proposal or recommendation dated September 26, 1999, and that counsel should be
counsel that is done in consultation with the Office of the Mayor, to ensure that that person is fully
satisfactory to the Mayor. And, again, I think we need to begin to look at this issue. I am not in favor or
opposed to what the Mayor's recommending. But I think it is a hype of what has been wrong with this City
too long, that we not look at issues in a comprehensive way so that we can make intelligent votes based
upon facts and information, not based upon history and everyone's gut instincts. So, I would ask you, again,
this issue is on the agenda. It is one of the Mayor's written proposals.. Do you believe that Off -Street
Parking, for the purpose of this discussion and these discussions that will go on in the future, should have
the right to have their own attorney?
Mr. Vilarello: Commissioner, let me address one issue. Let me ask you a question directly. Now, certainly,
if this City Commission considers abolishing the department, that I would recommend — I'm sure they
would seek to have independent counsel analyze the issue. However, let me address one issue with regard
to MSEA (Miami Sports and Exhibition Authority). At the time, I was not the City Attorney at the time of
that transaction. However...
Commissioner Teele: And, at the time, I wasn't a City Commissioner.
Mr. Vilarello: However, the City Commission — the City was represented by counsel. MSEA was
represented by independent counsel.
Commissioner Teele: Who represented the CRA? That's whose assets you transferred. Who represented
the CRA? Those are the assets that were transferred illegally.
Mr. Vilarello: As far as I know, Holland and Knight has been on board as CRA counsel for many years.
Chairman Plummer: For your edification...
Mr. Vilarello: They were also involved as bond counsel.
Chairman Plummer: Mr. Teele, to my knowledge, at all times that I've sat there, as I recall, Holland and
Knight has represented the CRA, unless I'm mistaken. That's what my memory recalls.
Commissioner Teele: It's a wonderful firm and...
Chairman Plummer: I didn't say yes or no to that, but I'm just trying to give you apiece of history.
Commissioner Teele: I mean — it was a gratuitous reference to the CRA. But what I don't want to do is get
into a situation where we start down the road and then someone challenges the action because Off -Street
Parking was not properly or fairly represented in the discussions. The second issue is this: Does your
opinion or does the Mr. — the previous counsel's opinion suggest that a referendum would be required to
abolish or to take over or to provide a management company or to provide a management option or a series
of options that may occur?
Mr. Vilarello: Certainly that is the first alternative. Although, the he does provide an alternative method of
6 October 12, 1999
• a.
dealing with the abolition of the department.
r
Chairman Plummer: Are you finished, sir?
Commissioner Teele: Nowhere near.
Chairman Plummer: OK. Mr. Gort, you'll have to wait.
Commissioner Teele: I'll be happy to yield to Commissioner Gort.
Chairman Plummer: Former chairman of the Off -Street Parking.
Vice Chairman Gort: Commissioner Teele, I think the information that we need to know from our
department is, number one, what are the legal issues behind it? Number 2. The feasibility study of how are
they performing and what is — the funds are being used and if we can maximize or do better by
administrating ourselves or look at the third options that we've done with all the other boards, is to have a
City Commissioner as the chairperson of that board. I agree with you. I think we need all that information
to come along with this.
Commissioner Teele: And I agree with you, Commissioner Gort, and I have great deference to you on the
issue, having served on the Off -Street Parking before becoming a Commissioner. But one of the problems
that you have with any agency that is administered is that you don't know what the industry can provide
until you go out with a bid. Now, the problem with going out with a bid means you have the legal authority
to award that bid. Now, there may be some mechanism — and I'll yield to the Development Office and to the
Legal Office and the Audit and Management — or Budget and Management Office — but there may be some
mechanism whereby we could go out with something like a letter of interest that would be non -binding,
whereby we would basically say to the industry, "Here are the numbers. Here are the books. Give us your
concepts of what we could do. We're not going to necessarily award this to you." Obviously, the
disadvantage of that is, nobody's going to show their ace in the hole or they'll put their best foot forward
necessarily. But, you know, someone may say, "Well, look, the Off -Street Parking is providing you with
two million dollars ($2,000,000) a year. If we were managing this thing, we could provide you with four
million dollars "($4,000,000) a year." Because that's what it really gets down to on one level, I believe. And,
Commissioner Gort, I would yield to you because I really would like the benefit of your input.
Vice Chairman Gort: My understanding — and this was way back before I was in part of it. The reason the
Off -Street Parking was created is because the way our downtown was built, it was built without parking
facility. For that reason, it was created to provide parking in. downtown. Then, they expand to other
neighborhoods. My understanding also, the reason it stayed is because the rates are comfortable and they're
below the industry, which makes it affordable for a lot of the people that work in downtown who utilizes the
Off -Street Parking facilities. So, it serves two purposes.. The Off -Street Parking, my understanding, it
serves the revenue -producing. At the same time, it's got its social responsibility towards the community.
Like they're providing parking in places — it's not feasible for them and still they have parking and we're
going to request that they provide even more parking. In other neighborhoods, what we need in order to
expand the economic development to those areas. And I think that we should look at all the options. I think
we have to. We have to look at the options that — if the private sector comes in and it could make it better
for the city, I think we have to look for what's best for the city. But we need to analyze, presently, how
much they contribute to the city and what are they doing? And if the private sector could do better. I think
we do need to do comparisons. My understanding is, when I was the chairperson at that time and before I
became a chairperson, this was taken to the ballot once already and it was defeated. And I think that was
about 10 years ago or something like that.
7 October 12, 1999
Commissioner Teele: What was taken to the ballot?
Vice Chairman Gort: The doing away with the Off -Street Parking. It was election — I think it was 10 years
ago or something like that.
Chairman Plummer: Or more. Mr. Cook is here.
Vice Chairman Gort: Way before us.
Chairman Plummer: He could probably answer the question. Mr. Cook, do you recall?
Mr. Clark Cook (Executive Director, Off -Street Parking): I do not remember the exact date, Commissioner.
but I think it was somewhere in the neighborhood of 10 to 12 years ago.
Chairman Plummer: OK. That's reasonable.
Commissioner Teele: Clark Cook with the Off -Street Parking Board.
Mr. Cook: I apologize.
Commissioner Teele: Well, it just seems to me that if a ballot question may or may be required, that's
something the City Attorney can advise us on. Whatever we're doing should be time lined, based upon a
March Presidential Election. I think, realistically, we need to begin to look at time lines and milestones. So,
I would ask my colleagues if — is a March timetable — or the Manager — is a March decision line timetable
— and that means, we have to have a decision to put something on the ballot or off the ballot by -- what is it,
60 days before that?
Mr. Vilarello: The window is not sooner than 120 days, not closer to the election than 60 days.
Commissioner Teele: So, we would be talking about, literally, by the first meeting in January?
Chairman Plummer: Yes.
Commissioner Teele: So, I would ask the Manager, do you believe that that time line is sufficient for you
all to provide us with options and recommendations, including, perhaps, a letter of...
Mr. Warshaw: Interest.
Commissioner Teele: A letter of interest from the industry on that?
Mr. Warshaw: Yes.
Commissioner Teele: I would like to state clearly that I think Off -Street Parking has done what it perceives
its Charter to be, but I think this Commission needs to consider an ordinance between now and then relating
to Off -Street Parking because the number one fallacy of Off -Street Parking — the concept of Off -Street
Parking, as I see it, is that the Off -Street Parking Board and management has the position that they're there
to make a profit; they're there for the long-term benefit of the financial viability of parking. Therefore,
Economic Development, Community Redevelopment, those issues are not a part of the Off -Street Parking
agenda, if it doesn't make a profit. We will spend, over the next — the CRA, for example, will spend, over
the next three years, at least two million dollars ($2,000,000) in just parking infrastructure. I think that
8 October 12, 1999
"T;
when the Community Development Office comes around withneighborhood revitalization. on a citywide
basis, I think every Commissioner here knows of parking needs in the neighborhood that would facilitate
greater job creation by business expansion, et cetera. The problem is. Off -Street Parking isn't going to do
that unless they can figure out how to make the money on it. The Off -Street Parking Board committed to
build one parking lot to the CRA a year ago on 3rd Avenue and loth Street. Then, they totally reneged on
that agreement because they said, once we had to come up with two million dollars ($2,000,000) for the
City, our funds were gone, even though the board voted to do it. I don't quarrel with the Off -Street Parking
Board. I don't quarrel with their reneging on the deal. I mean, change in conditions. The problem is, is that
this Commission has never said to Off -Street Parking that "we expect you to provide non -revenue
generating parking infrastructure needs in the neighborhoods as a part of a neighborhood revitalization plan"
and say that "we expect you to spend some amount of money to do that." And, so, you know, the problem
is, is that if it doesn't generate a dollar, Off -Street Parking is really not going to do it and, quite frankly, there
are a lot of neighborhoods, particularly in the poor areas, Allapattah, in some of the Wynwood areas, in
some of the areas in Liberty City and Overtown, and Little Haiti, Little Havana, where there is a need for
parking for businesses, the businesses cannot afford to do it; the City won't do it unless it could generate --
and that is one of the fallacies I would be willing to predict, if the Planning Department were to do a
neighborhood study of all five districts, the unmet parking needs that would create jobs in the end -- because
the only way you can create a job is through business expansion. If businesses had that parking, they could
expand and create jobs, would be in the magnitude of ten to twenty million dollars citywide. But it doesn't
get addressed. So, I think we need to put that on the table because I'm not — I'm certain that someone could
come in and give us more money. And the second and final issue on that, in response to Commissioner
Gort, is this. I'm not sure that Off -Street Parking should make parking policies relating to pricing and
structure. I heard very carefully, Commissioner Gort, what you just said and that is...
Vice Chairman Gort: Going back to what you were saying, that the facilities would not build parking unless
they make money. Unfortunately, to build the parking, you have to borrow it. To borrow, you have to do
the bond issues and you have to maintain. When you do a bond issue, you have to do the debt services.
You also have to maintain reserve and it's a lot of funds required. My understanding, the reason they can
keep the price that they do it because the price sufficient to stay just a board and to create the reserve that is
required. That's something we need to look at. If we really have a lot more than what they're required to
have and this is the information they have to get back to us.
Commissioner Teele: The issue of parking — and I agree with you. And I think Off -Street Parking bonds
are probably some of the highest rated bonds in the City because they have taken a very pure approach. But
— I mean, again, we ask corporations to be good corporate citizens. We asked American Airlines. We
asked the Miami Heat. We ask everybody to be a good, corporate citizen. Why shouldn't government,
especially, in the area where they're doing work, be good, corporate citizens as well? And I think that's a
policy question that we ought to discuss at some point. But as it relates to the parking strategy and pricing,
there was a state representative in the early '80's from Urbandale, Florida named Fred Jones, and Fred Jones
was a czar of transportation. He was chairman of the Transportation Committee for about eight years,
which is unprecedented. And the one argument Fred Jones would also make to not give money to Dade
County and to the South Florida for transit was, if you can you go downtown and park for seven dollars ($7)
all day, then, why should we give you money for transit because you basically are undermining a transit
policy? The fact that we put in a surcharge shows that there is elasticity on the parking. And I really do
think that one of the things that the City Attorney and the Manager should give us is some flexibility to
maintain control over parking pricing, and I don't know who has that authority now, if that's with the
Off -Street Parking Board or not. But I do think that parking is too low. I think one of the biggest problems
in downtown Miami and all over Miami is that we have this population base of 380,000 people in the day. 1
mean, all week and then, during the day, what's the population? Does anybody have any idea?
9 October 12, 1999
Chairman Plummer: Anybody's guess.
Commissioner Sanchez: Seven hundred thousand?
Mr. Warshaw: Goes anywhere from five to seven to eight hundred thousand, but it's large.
Commissioner Teele: Seven hundred thousand. And these people are coming in; they're using City
resources; they're using City streets, the streets that have to be swept, in which neighborhoods don't get
swept and, yet, they're paying nothing. And I think one way to do it is to look at the parking pricing
structure. And I don't know if we have that authority, Mr. Attorney, Mr. Manager or if the Off -Street
Parking has that. But I think those are the...
Vice Chairman Gort: We do have.
Mr. Vilarello: The authority to fix rates and charges -for Off -Street Parking is vested by Charter and the
Department of Off -Street Parking. And I'm sure it's a condition of the bond documents...
Vice Chairman Gort: We have to confirm them.
Mr. Vilarello: Pardon me?
Vice Chairman Gort: Have to be confirmed by the Commissioner. Have to be approved by the
Commission.
Chairman Plummer: Yeah.
Vice Chairman Gort: Have to be approved by the Commission.
Chairman Plummer: Because I'll tell you, we've had some real screaming matches here when we went to
raise rates.
Commissioner Teele: Well, we have screaming matches anytime we raise revenues. I don't care where it is.
And I mean...
Chairman Plummer: No. But I could very well remember where this Commission, on any number of
occasions, had to approve the rates.
Vice Chairman Gort: Yes, we did.
Mr. Cook: If you would like me to answer that question, Commissioner Teele, I would be glad to. I know
the answer.
Commissioner Teele: I would be very happy if you would answer. Tell me, first of all, what are the current
rates and what are comparable rates in other cities? And, then, just answer the question.
Mr. Cook: My name is Clark Cook. I'm the Parking Director for Miami Parking System. Commissioner,
our rates are somewhat below what they are in other cities because it's for a lot of various reasons. This
Commission controls those rates. We have to come to you for rate increases.
Commissioner Teele: I didn't hear a number, Mr. Cook. I asked you...
10 October 12, 1999
Mr. Eook: I do not know the exact number — example, Commissioner. If you go to New York. you're
paying nineteen dollars ($19) an hour.
Commissioner Teele: No. But what do we charge right now?
Mr. Cook: We charge about dollar seventy-five ($1.75) per hour. It varies in each garage, Commissioner. 1
can't quote. I'll be glad to send you a copy of that, of one of our rates, if you'd like. Our five...,
Commissioner Teele: An average would be fine.
Mr. Cook: Somewhere in the neighborhood of a dollar and a quarter ($1.25) an hour, probably average.
Commissioner Teele: Or a median.
Mr. Cook: I would be guessing, Commissioner. I'll be glad to send you a rate — a copy of every one of our
rates.
Commissioner Teele: Every one of them would be very misleading....
Mr. Cook: Well...
Commissioner Teele: ...and very harmful because I, first of all, wouldn't understand it. And second of all,
what I really need is an average or a medium.
Mr. Cook: I will provide that for you. Our rates are lower...
Commissioner Teele: And I would like...
Mr. Cook: Our rates are lower. Our Board's philosophy has been to maintain the rates in an affordable area,
but our rates...
Commissioner Teele: What do you mean, in an affordable area?
Mr. Cook: The object is to keep the rates at a level and where people can afford to park when they come to
downtown and to keep the people where they can afford to park in other areas.
Commissioner Teele: See, Commissioner Sanchez, you're an accountant. But I think what we've done —1
mean — and I appreciate what the Mayor has put on the table. But I'll be very honest with you. I had. no idea
that we control the rates. But if we control the rates, I think we ought to have our heads examined for
having rates so low in a city that is the only city in the state that's in a financial emergency. We just took
thirty thousand dollars ($30,000) from the Clerk, thirty thousand dollars ($30,000) from the Attorney; a
hundred thousand and eighty thousand dollars ($180,000) from the Police Department. I mean, on and on
and on and on, which we need to restore, I don't mind saying, and we're subsidizing the lowest rates or some
of the lowest rates in the state, with the only rail system in the state. With the only rail system. I mean,
who's running the ship?
Mr. Cook: Commissioner, I don't mean — I would like to point out that, in the Five -Year Plan, we show the
rate increases that we're planning in the Five -Year Plan, which we've sent you a copy out for some time.
11 October 12, 1999
Commissioner Teele: Do you plan any rate increase this year?
Mr. Cook: Yes, sir. Two hundred and about — a little over two hundred thousand dollars ($200,000).
Commissioner Teele: No. I'm talking about in...
Mr. Cook: This year, yes, sir. Those rate increases will be in front of you in November.
Commissioner Teele: Well, I can tell you this. I don't see why we haven't looked at the most important way
to raise revenues. I mean, all we can do is hit the taxpayers; hit the homeowners; hit the businesses. I mean,
at some point we ought to hit the freeloaders who are coming to town and getting out of town and literally
paying nothing. At some point — I mean, you know, are we protecting the homeowners, the taxpayers, the
property owners or are we protecting, you know, the employees who come here to work? But they, you
know, retreat to a much wonderful quality of life in all over this — I would ask that the Manager would
provide us, at the next meeting, some discussion of the rates and some options, particularly, in light of
options that could be implemented this year, that would exceed what the Off -Street Parking currently plans
in the Five -Year Plan, and with a view toward determining whether or not any of those dollars could be
available for any of the special activities that need to be addressed immediately and maybe we need to
revisit that when we take up Item Number "C" here below. But, Mr. Cook, again, I appreciate your candor
but it would be very helpful if you could give, at least to me, the average rate and the median rate and what,
you know, twenty-five cents ($0.25) represents on a fiscal year basis against the average of the median. In
other words, if we were to increase parking by twenty-five cents ($0.25) an hour beyond what's proposed,
what does that represent in terms of dollars?
Mr. Cook: I would be delighted to do that, sir.
Commissioner Teele: Mr. Chairman, I don't have any other items.
Chairman Plummer: All right. Mr. Teele, there were three other items. Do you wish the Manager to
speak?
Commissioner'Teele: Well, I would like to have — I would like to make a motion, if I could get a second, to
instruct the City Attorney and the City Manager to jointly come to this Commission, in the next committee
meeting, with a report analyzing the numbers that have been presented by the Mayor. I don't have any
back-up on the million dollars ($1,000,000) that has been represented that it could provide in the first year.
I assume — I'm certain that there are some back-up but I would like to see the back-up for the numbers that
are cited and the Manager and Attorney's comments. I would also ask that the Manager and the Attorney
work jointly to prepare a timetable that would afford us the opportunity to go to the voters during the March
Presidential Primary for any adjustments or to respond positively to the Mayor's request. Whether or not we
need that is another issue, Mr. Attorney.
Chairman Plummer: I don't think we need a motion. I think they -both understand it and they will be
forthcoming with it.
Commissioner Teele: Well,...
Chairman Plummer: If you want it as a motion...
Commissioner Teele: ...I don't...
12 October 12, 1999
Vice Chairman Gort: Second.
Commissioner Teele: I won't make a motion if you don't want one, Mr. Chairman, but 1 think one of the
things that this board needs to do is, we need to have formal actions taken...
Chairman Plummer: Fine, sir.
Commissioner Teele: ... on things by — that have been presented to us by the Mayor because I think we
should give great deference to the Mayor.
Chairman Plummer: All right. There's a motion.
Commissioner Teele: I would also ask, as a part of -that motion, that a bond counsel be engaged, that is
satisfactory to the Mayor, for the purpose of assisting the City Attorney in engaging in an analysis of this
and, at the same time, that the Off -Street Parking be afforded the opportunity to retain counsel of their own
as it relates to this issue of the so-called take-over or the issue related to the Mayor's recommendations.
Chairman Plummer: All right. There is a second by Commissioner Gort. Now, the City Attorney.
Mr. Vilarello: With regard to the retention of counsel, I'd like that to be a separate item, authorizing, by
resolution, me to retain bond counsel to address this issue in an amount not to exceed twenty-five thousand
dollars ($25,000).
Chairman Plummer: OK. Mr. Teele, you heard the request of the City Attorney?
Commissioner Teele: I certainly withdraw that portion from the motion and would carry this motion and,
then, would make a second motion.
Chairman Plummer: What is in reference to bond counsel? What is the cost factor of that?
Mr. Vilarello: Bond counsel...
Commissioner Teele: Well, let's take this motion.
Vice Chairman Gort: Let's vote on this one, then.
Commissioner Teele: I'm withdrawing this portion — I'm withdrawing any reference to bond...
Chairman Plummer: All right. You want to draw on the — you want to do on the counsel first alone?
Commissioner Teele: No, on the motion that's on the table...
Chairman Plummer: The motion on the...
Commissioner Teele: ...instructing them to come back at the next meeting and to prepare us a report with
timelines, et cetera, and an action plan.
Chairman Plummer: No, but I'm in reference to engaging bond counsel.
Commissioner Teele: I'm withdrawing that from the motion.
13 1 1 October 12, 1999
Chairman Plummer: All right, sir. There is a motion on the floor. Is it understood? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show no negative votes.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-741
A MOTION INSTRUCTING THE CITY ATTORNEY AND THE
CITY MANAGER TO COME -BACK AT THE NEXT CITY
COMMISSION MEETING WITH A REPORT ANALYZING THE
MAYOR'S REVENUE PROPOSAL WHEREIN PRIVATIZATION OF
THE OFF-STREET PARKING AUTHORITY COULD REALIZE
$1000,000 IN THE FIRST YEAR; IN ADDITION TO THE REVENUE
STREAM WE CURRENTLY RECEIVE; FURTHER REQUESTING
BACKUP DOCUMENTATION TO THOSE NUMBERS CITED AND
THE MANAGER'S AND CITY ATTORNEY'S COMMENTS
REGARDING SAME; FURTHER DIRECTING THE CITY
ATTORNEY AND THE CITY MANAGER TO JOINTLY PREPARE A
TIMETABLE AND AN ACTION PLAN THAT WOULD AFFORD
THE CITY AN OPPORTUNITY TO GO BEFORE VOTERS DURING
THE MARCH 14, 2000 PRESIDENTIAL PREFERENCE PRIMARY
FOR ANY ADJUSTMENTS, TO RESPOND POSITIVELY TO THE
MAYOR'S REQUEST; FURTHER INCLUDING IN SAID REPORT
WHAT THE AVERAGE AND THE MEDIAN RATE FOR PARKING
WOULD REPRESENT IN TERMS OF PARKING REVENUE ON A
FISCAL YEAR BASIS.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Manager, ' would you include in that the average and the median and what
twenty-five cent ($0.25) increments would mean on a fiscal year basis, if directed in terms of increases?
Chairman Plummer: Mr. Cook, I have one question of you, sir. As you know, one of the things that this
Commission is trying its best to do is, in fact, to do for the senior citizens. Do you have what you could
consider any surpluses that you could give to the City to help us implement?
14 October 12, 1999
Mr.:Cook: No, sir. I reported to the City Attorney what my surpluses are. I am required, by ordinance and
agreement with the City, if I have surpluses, they go to the City. All my operating dates go to the City.
Chairman Plummer: Thank you, sir.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Teele, there are other items that had been discussed.
Commissioner Teele: Well, a follow-up on that. Would you provide us, Mr. Attorney — Mr. Manager, with
a list, over the last 15 years, of the surpluses that have been turned over to the City from Off -Street Parking?
Mr. Vilarello: Commissioner, until this year, I don't believe there's ever been a surplus...
Mr. Warshaw: It's only been the first time.
Mr. Cook: It's only been — this is the first year, Commissioner.
Mr. Vilarello: ...turned over to the City.
Commissioner Teele: Well, that speaks volumes.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: All right. Mr. Teele, you still have the floor, sir. Do you wish the Manager to repeat...
Commissioner Teele: Yes, I do. But I would yield to Commissioner Sanchez.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Thank you, Mr. Teele. Mr. Cook, the information that Commissioner Teele
requested on the increase from — a quarter of what we would bring in revenue for the whole year. Can you
also provide me with all that information?
Mr. Cook: I will provide all the Commissioners with that. If I provide one, I should provide all of you.
Commissioner Sanchez: OK. Mr. Chairman, I just wanted to touch on the other two items that are of great
importance and I just, for the record, would like to state the...
Commissioner Teele: Did we vote on that second motion?
Mr. Walter Foeman (City Clerk): No. No.
Chairman Plummer: In reference to counsel?
Commissioner Teele: Yes.
Chairman Plummer: No, sir.
15 October 12, 1999
Commissioner Sanchez: No.
Commissioner Teele: Before you move, could we just vote on that?
Commissioner Sanchez: You withdrew that motion.
Commissioner Teele: I withdrew that portion because the attorney asked that it be a separate motion.
Chairman Plummer: Motion is on the floor by Commissioner Teele for the City Attorney to have.the ability
to engage outside counsel of an amount not to exceed twenty-five thousand. Is there a second?
Commissioner Teele: Bond counsel that is satisfactory to the Mayor.
Chairman Plummer: Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: Seconded by Commissioner Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any negative? Show no negative votes.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-742
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO ENGAGE A
QUALIFIED LAW FIRM, ON BEHALF OF THE DEPARTMENT OF
OFF-STREET PARKING ("DOSP"), TO PROVIDE LEGAL
SERVICES TO ASSIST IN DOSP'S ANALYSIS OF BINDING BOND
INDEBTEDNESS AS IT RELATES TO THE CITY COMMISSION'S
DELIBERATIONS CONCERNING THE DISSOLUTION OF DOSP;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $25,000, FROM DOSP'S GENERAL OPERATING
BUDGET FOR SAID SERVICES.
16 October 12, 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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman, the other two items that are.on this budget proposal by the Mayor is
the addition — asking the Law Enforcement Trust Fund to come up with two million dollars ($2,000,000)
from that fund and, as Commissioner Teele stated, I think that we need to emphasize more time on this
matter to make sure that whether the money could be — if we could come up with the money or not and,
therefore — Chief O'Brien, is he here?
Mr. Warshaw: Yes, sir.
Chief William O'Brien (Chief of Police): Yes, sir.
Commissioner Sanchez: It's my understanding that the Law Enforcement Trust Fund, which is money
seized from drug activities or criminal activities that are therefore given to the Police Department, could
only be used for crime prevention and anything pertaining to crime prevention. I know that we had
extensive discussions here in the Commission to try to come up with money from the Law Enforcement
Trust Fund to be put forth into the budget. Some of the discussions were half a million dollars ($500,000)
that were given to the budget through the proposal of being the VIP (Vehicle Impoundment Project) or
whatever that process was, and that was the only way. But I think that the Oversight Board rejected that. It
was not allowed to be put in the budget, is that correct, Mr. City. Manager?
Chief O'Brien: No. They did accept that half million.
Commissioner Sanchez: They did accept it? It was accepted. Now, .I just want on the record, could these
two million dollars ($2,000,000) that — whether you have it or not, I don't know. I think it's in the — it's in
your account, the two million dollars ($2,000,000) of Law Enforcement Trust Fund. Could that money be
used to go towards the budget?
Chief O'Brien: At this time, we're still exploring possible uses but, at this time, we have not been able to
find a legal use of that money to offset the general budget.
Commissioner Sanchez: So, at this time, we have not been able to find a legal term to be able to transfer
that money into the budget and implement it, correct?
Chief O'Brien: That's correct.
17 October 12, 1999
Commissioner Sanchez: OK. Thank you, Mr. O'Brien.
r
Chairman Plummer: Is there any other questions in reference to the Mayor's memo?
Vice Chairman Gort: I have a question.
ChairmanPlummer: Mr. Gort.
Vice Chairman Gort: These funds are going to be utilized by the Police and supplement some of the general
funds he uses?
Chief O'Brien: No, sir.
Vice Chairman Gort: No?
Chief O'Brien: It can't be used supplant any of the funds that are ongoing.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Thank you very much, Chief O'Brien. The placing of this item on the — in the memo
dated September 28, itself, raises a number of legal issues and I'm just wondering, Mr. Attorney, does the
Mayor have legal counsel? Do you provide legal counsel to the Mayor? Didn't we...
Mr. Vilarello: Yes, sir.
Commissioner Teele: During the Suarez era, didn't we authorize the Mayor to have legal counsel?
Mr. Vilarello: - There's an ordinance that authorizes, subject to Commission's approval, the Mayor to .have
separate counsel on particular situations but, otherwise, I provide legal counsel to the Mayor.
Commissioner Teele: Does the Mayor have legal counsel?
Mr. Vilarello: Independent of my office?
Commissioner Teele: Yes.
Mr. Vilarello: No, sir.
Commissioner Teele: See, this memo...
Mr. Vilarello: I should say not that I'm aware of.
Commissioner Teele: This memo, September 28 memo, the third bullet or the second bullet, really
represents a real legal problem for Chief O'Brien or for the — you see, the State Law is very clear, that you
can't use Law Enforcement Trust Fund monies to supplant or supplement the fiscal budget and it states it
right here in the memo from the Mayor. "Please find some possible revenues to supplement the budget for
18 October 12, 1999
fiscal year '99. I submit these sources to the possible reductions, as previously indicated." And, then, the
bullet says "Up to two million dollars ($2,000,000) of Law Enforcement could be used for Police overtime
rather than General Funds." I mean, no one would accuse Mayor Carollo of intentionally but, you know, 1
think we're not doing him or the City a service by allowing him to write something like this, which is clearly
illegal. It flies directly in the face of the intent of the law and even if he were to come up with something
now, it has a chilling effect. I mean, anybody could take a lawsuit and say, "Well, this is being done
pursuant to this, for this reason." That's illegal. So, I just regret that this is on the public record because I
think it has a chilling effect, Mr. Attorney, and I think that you and Chief O'Brien and the Mayor should
confer on the matter.
Mr. Vilarello:: Commissioner, obviously, this item came up at — on the 28th and I did not have — and the
Mayor did not have an opportunity to discuss it with me. However, there are significant opportunities for us
to use LETF funds for special non -recurring type projects and use overtime — and use that to pay overtime.
So, there's circumstances where that could be an appropriate use of LETT funds and it does condition it on
the consent of the Chief and the Chief is fully advised on the appropriate use of LETF funds and I believe
he's working toward finding some kind of use for it; however, at this time, as he's indicated, he's not had a
particular project that he can address those overtime funds or LETF funds towards.
Commissioner Teele: Chief O'Brien, how much overtime did we have last year and how much do we have
in the budget this year?
Chairman Plummer: About seven...
Chief O'Brien: Six point eight. Almost seven million dollars ($7,000,000).
Commissioner Teele: Seven million dollars ($7,000,000).
Chief O'Brien: The point...
Commissioner Teele: Is any of that overtime paid by private companies? I mean, is any of that overtime,
for example, reimbursed by the Miami Heat or by special events? Is any of that seven million dollars
($7,000,000)...
Chief O'Brien: A certain amount of that is reimbursed.
Commissioner Teele: About what percentage?
Chief O'Brien: Probably less than five percent.
Commissioner Teele: So, this is planned overtime?
Chief O'Brien: That's correct.
Mr. Warshaw: Planned in the sense that, contractually, as an example, police officers go to court. You
know, those dollars are built in. So, in that sense, some of those monies are planned...
Commissioner Teele: But that's a question of management and how you're scheduling your management, I
mean, largely. And — well, let me ask you this. Do .other cities have — the same of similar size, have the
same amount of overtime in their budget? Commissioner Plummer, you've been around more so than any of
US.
19 October 12, 1999
Chaisman Plummer: Our overtime is absolutely — I have said for years — out of control. Out of control.
Commissioner Teele: Then, why do we budget it and why are we approving it?
Chairman Plummer: Well, I can't answer that. I have, actually, every year, voted against it because of the
fact, you know, that it's just — I mean, they use it to their advantage. And all I'm...
Commissioner Teele: But, Mr. Chairman, we are the legislative authority. If we don't appropriate it, they
can't use it. So, I mean, why — I mean, is this a good ole boy thing? I mean, is this good government? I
mean, what are we doing here?
Chairman Plummer: Mr. Teele, I will share with you, sir, the documents presented to me to justify, not in
my opinion, but justify the overtime, which is just out of control. I mean, it's ridiculous that you should
have 10 percent of your budget more than that for overtime. It's very poor planning, at best. And when you
start taking and looking at the court costs, you know, they tell us how much we make in court. Those are
two-third/one-third. And you've got to pay overtime in that. And, yet, the subpoena fees go to the Police
Department, which has always been the case. But as far as the overtime is concerned, I've said for years, it's
— to me, it's out of control.
Commissioner Teele: Well...
Chairman Plummer: Never got a third vote.
Commissioner Teele: Mr. Chairman, I would ask that the Manager present us with the comparable overtime
for Miami -Dade County and the number of police officers and give it to us based on per officer to per
officer. The same thing for Fort Lauderdale. The same thing for Broward County or in any other city or
municipality that the Chief would like for us to look at. But I think, if the overtime is out of line, we should
revisit it as a part of the budget process. There is no reason we should subsidize overtime that is clearly out
of line with the industry standards, and I don't know what the standards or the norms are.
Chairman Plummer: All right. Now, are there any other questions...
Commissioner Teele: May I hear from Chief O'Brien, please? Because I don't want him to...
Chairman Plummer: Sure.
Chief O'Brien: Let me just say this.
Chairman Plummer: Mr. Gort is trying to get the floor, so — but go ahead, Chief. --
Chief O'Brien: A great deal of the overtime is contractually required.- When we send officers to court and
they're off -duty, the get three hours minimum. That's a contractual item. we have no option, on that. Our
overtime has been managed, I think, quite well. And, in fact, there's been almost a million dollar
($1,000,000) reduction in overtime as opposed to last year.
Chairman Plummer: Last year was seven. It's down two hundred thousand.
Commissioner Teele: Well...
20 October 12, 1999
Chairman Plummer: It's part of the Union deal, where the Police Department, if they go and they go to
courts regardless of how long they are there, we pay them a minimum of three hours, correct. Chief?
Chief O'Brien: That's correct. That's a contractual item.
Chairman Plummer: That's a minimum of three hours.
Commissioner Teele: Yeah. But, J.L, let me tell you something. -
Chairman Plummer: And that could be scheduled.
Commissioner Teele: "The Miami Herald" and everybody have done all of these studies., The City of
Miami was one of the agencies — I mean, we need to find that story. But the City of Miami did not look like
eagle scouts when it got to overtime abuse in the court system.
Chairman Plummer: That was DUI (Driving Under the Influence).
Commissioner Teele: Say again.
Chairman Plummer: DUI.
Commissioner Teele: But it was overtime.
Chairman Plummer: Oh, yeah. And that...
Commissioner Teele: And the fact of the matter is, what remedial actions have we taken? And it's a
scheduling issue. I mean — then, we ought to schedule police officers to go to court during their regular
hours, then we basically have to do it, if that's what everybody else is doing. But I can tell you what's going
to happen here. Once you pay people overtime so long, instead of buying a Mercedes 190, they buy a
Mercedes 330 or it a 330 or a 320?
Chairman Plummer: That's only in the Fire Department.
Commissioner Teele: Three twenty. Once — I mean, instead of buying a house of two hundred thousand,
you buy a house of two fifty because you know you're going to get that extra money. And, at some point, it
becomes a real morale issue and I hope that we haven't reached into that point.
Chief O'Brien: If I could respond. Again, with regard to the DUI. Miami Police Department, in
coordination with other departments and the County, initiated a court standby system, that DUI overtime for
court has drastically reduced. Additionally, when you look at our overtime, compared to last year and
compared to previous years, you have to appreciate that our staffing is at an all-time high. So, when you
start to — as you're suggesting — taking a look at overtime per person, again, you'll see a significant
reduction.
Commissioner Teele: But I think a comparison of cities and jurisdictions...
Mr. Warshaw: I'll get that for you.
Commissioner Teele: ...on a per, sworn police officer basis — in other words, you know, obviously, Dade
County has got what, 1500 sworn police officers?
21 October 12, 1999
Mr. Warshaw: Thirty-five hundred.
Commissioner Teele: Sworn? I'm talking about police officers,'not Corrections.
Chief O'Brien: Twenty-eight — twenty-three hundred.
Chairman Plummer: It's twenty-two.
Commissioner Teele: So, they're going to have a...
Chief O'Brien: Yeah, twenty-two and change.
Chairman Plummer: Yeah, twenty-two is what I understood.
Commissioner Teele: Whatever they have. I mean, you know, if you divide that into the sworn — you
know, per police officer or Tampa or Fort Lauderdale, you're going to get a comparison.
Chief O'Brien: One of the other items, also, a significant portion of our overtime is offset by grants. For
instance, when the five-year old girl had sexual battery, we spent a lot of overtime in that week bringing the
perpetrator to justice. That overtime was offset. Was paid for.
Mr. Warshaw: There's also a million dollars ($1,000,000) in that number, approximately, of monies that are
reimbursed either through grants or other sources. So, what I'd like to do is get you the full analysis of how
we spend that money, along with the comparison of Dade, Broward, Fort Lauderdale and other counties.
Commissioner Teele: Can we have that by next week?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Has anybody — has budget or the -- what is that office called, Budget — Management
and Budget?
Mr. Warshaw: Yes.
Commissioner Teele: Has Management and Budget or any outside office done an analysis of this issue?
Mr. Warshaw: I think, over the years, we've done a lot of overtime analysis. I don't know if Management
and Budget did it. Certainly, the Police Department did it, I know, when I was...
Commissioner Teele: Could we have an outside office, of your choice, to do a full analysis...
Mr. Warshaw: Sure.
Commissioner Teele: ... and report within 90 days and give it to us before we break for Christmas?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Of the overtime, please? Thank you.
22 October 12, 1999
Chairman Plummer: That's what I asked for last year and couldn't get three votes.
,,
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Also, request...
Commissioner Teele: No. You asked for an outside consultant.
Chairman Plummer: I asked for an outside consultant to do a review, yes, sir.
Commissioner Teele: I'm asking for an outside department to do a review.
Vice Chairman Gort: For an inside.
Commissioner Teele: Inside the city...
Vice Chairman Gort: Right.
Commissioner Teele: ... but outside of the Police.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: If you remember, when you go to court, there's certain charges and we requested for
you to find out if we could charge to those charges the funds being spent by — to our office or by the City of
Miami.
Mr. Warshaw: There is a program like that and...
Chairman Plummer: Reimburse
Mr. Warshaw: ...fortunately, the recovery rate is extremely low. I don't know what we've recovered, if
anything, to date.
Chief O'Brien: Well, whatever we can recover, it would be — it would be welcome. Mr. Chairman, my
understanding is, I've been told by the Clerk that we announced that, at 9:30, we were going to have
recognitions and awards.
Chairman Plummer: Sir, I understand that. Remember me, I wanted to start this meeting at seven.
Everybody said nine.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would move that we break for the award ceremony.
23 October 12, 1999
Chairman Plummer: All right. The only awards that I have are by Mr. Gort and, Mr. Gort, you can handle
it th&best way that you see fit.
2. PRESENTATIONS, PROCLAMATIONS
CERTIFICATES OF . APPRECIATION TO SPONSORS OF DOMINO BRIDGE COMMUNITY
TOURNAMENTS: COCONUT GROVE BANK 'COCONUT GROVE CHAMBER OF COMMERCE,
CASINO PRINCESA, BAYFRONT PARK MANAGEMENT TRUST AND HUMANA
3. COMMISSIONER SANCHEZ TO CHAIR'CommiTTEE .TO RESTORE ORANGE BOWL -
INVOLVE ATHLETIC DIRECTOR OF UNIVERSITY'OF M0 AMI.
Chairman Plummer: All right. Back to work. Just -for the record, ladies and gentlemen, we're still on a
Special Commission Meeting. It was convened with supplemental budget at 9 o'clock. We have not, yet, to
start the regular agenda, which is scheduled for two. Also, for the record, the only thing that I see pulled by
the administration is Item Number 32. Should you be here on Item 32, it will not be heard today. All right.
Now, are we finished with the Mayor's proposals or do we have...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: ...more conversation there? Mr. Teele.
Commissioner Teele: Mr. Chairman, one other item. On the Orange Bowl. I know that Commissioner
Gort had had some discussions about the Orange Bowl. I'm also cognizant of the fact that I believe
Commissioner Sanchez represents the area. Commissioner Gort, could you tell us what we're doing on the
Orange Bowl or what your initiative was? I just would like to understand it.
Vice Chairman Gort: Mainly, what it was is to create a committee. Which committee would sit down and
try to find ways — people within the industry, people that have certain interests and have played in the
Orange Bowl. They have names. And for these individuals to find ways that — create a foundation to find
ways to get funds for the Orange Bowl. To make sure the Orange Bowl stays here and we can make
improve it and make it better. My understanding also is, the University of Miami is willing to sign a 14-year
contract or above and they would like to create some sky boxes in there and we're going to need funds for
that.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask the City Attorney to prepare a resolution- that would authorize
Commissioner Sanchez as the person who lives — who represents the area, to chair a committee related to
the Orange Bowl Restoration. I have met with — at the next Commission meeting. I have met with the
University of Miami Athletic Director last week at the Orange Bowl. I really believe that the Orange Bowl
is a truly, under utilized gem and treasure in our community. I think there's a lot that could be done to
enhance the Orange Bowl. The University of Miami has already signed that agreement. I walked through
the area. Mr. Chairman, the grounds that are kept there are just pristine, immaculate. They are some of the
best grounds in college football, I understand. There is such high esprit de corps within the employees at
the Orange Bowl. I would certainly hope, at the appropriate time, Commissioner Sanchez, you would bring
them here, if you agree that there's that esprit de corps to be recognized. I think the Orange Bowl is one of
the things that's going right. At the same time, I think we really need to look at positive ways to make the
24 October 12, 1999
' 1 i
Orange Bowl a first-class facility. And let me say that. There will be very powerful forces in this
community that will not want to see that, for a number of reasons. And, again, I think this Commission
needs to be very careful that we don't allow that to happen. I also believe that the University of Miami is
prepared to come forward with a consultant to advance a joint venture, perhaps, on how the requisite boxes
can be acquired. They are, for the record, at least 150 seats short of what they need right now for their
Golden Hurricanes or whatever...
Commissioner Sanchez: Club.
Commissioner_ Teele: ' Club. And there's a tremendous opportunity, I think, to do that, even if it means
going to the Oversight Board and working through the strategic reserves. I believe that a private venture
could be put together, wherein effect we could lease the space and let them do a turn key and let them make
some money on it and do that. The Mayor has recommended the naming rights. And I would also ask that
the Chairman, if this Commission were to agree to set up that committee, would be responsible for reporting
back to us in 90 days on a naming rights issue. But I think that should be done in careful consultation with
the Manager and the University of Miami. And if you would allow it, Mr. Chairman, I would so move, at
this time, that Commissioner Sanchez be named...
Vice Chairman Gort: Before you make that motion, I think we already approved that in the last meeting,
when we presented the committee to be created.
Commissioner Teele: Oh, the Committee's going to do the naming rights?
Chairman Plummer: No.
Vice Chairman Gort: No. I'm talking about the creation of this committee. Your motion today should be
that we should have Sanchez for the representative — as the chairperson for that committee. And I think...
Commissioner Teele: As the co-chair maybe with someone else that's already there. I don't know if they've
named the chair.
Vice Chairman Gort: No, no, we have not named a chairperson. And I think it would be right to have the
Commissioner as the chairperson.
Commissioner Teele: I would — well, then, I would yield to you to make the motion.
Chairman Plummer: All right.
Vice Chairman Gort: Well, the motion will be to — and my understanding is, the resolution was to come
back with each one of us who appoints an individual to that board.
Commissioner Teele: Right. -
Vice Chairman Gort: At the same time, the athletic director of the University of Miami, whoever that .
person, that position will be one of the board members also.
Commissioner Teele: Exactly.
Vice Chairman Gort: And the Mayor would also get to appoint an individual to that — a person to the board.
25 October 12, 1999
Commissioner Teele: I would second the motion, with Commissioner Sanchez being the chairman.
Chairman Plummer: Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Anyone wishing to be registered as negative? Show it unanimous.
The following motion was introduced by Vice Chairman.Gort, who moved its adoption:
MOTION NO.99-743
A MOTION APPOINTING COMMISSIONER SANCHEZ TO CHAIR
THE COMMITTEE ESTABLISHED FOR THE PURPOSE OF
RESTORATION OF THE ORANGE BOWL; FURTHER
STIPULATING THAT THE ATHLETIC DIRECTOR OF THE
UNIVERSITY OF MIAMI SHOULD SERVE ON SAID COMMITTEE
AS ONE OF THE APPOINTEES, ALONG WITH THE OTHER
DESIGNATED COMMISSION APPOINTMENTS, WHICH WILL BE
FORTHCOMING; URGING THAT COMMISSIONER SANCHEZ
PROVIDE THE COMMISSION WITH A REPORT CONCERNING
ORANGE BOWL RESTORATION EFFORTS WITHIN 90 DAYS.
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.
Commissioner Regalado: Question for the City Attorney.
Chairman Plummer: Mr. City Attorney.
Commissioner Regalado: On the Orange Bowl paint job, what is the status?
Mr. Alejandro Vilarello (City Attorney): We have filed the lawsuit and we're in the process of proceeding
through the discovery phase of the litigation.
Commissioner Regalado: And the timetable?
Mr. Vilarello: Litigation takes quite a long period of time, Commissioner. I can't, at this point, give you any
kind of specific time, although, we will expedite the litigation as fast as possible.
26 October 12, 1999
Commissioner Regalado: What are we seeking from them, I mean, specifically?
r
Mr. Vilarello: We're seeking to have the paint — apparently, the paint was put on the Orange Bowl without
the appropriate preparation and to have the Orange Bowl either painted or dollars sufficient to cover the
painting of the Orange Bowl again.
Commissioner Regalado: Thank you.
4. DISCUSS BUDGET OF SISTER CITIES PROGRAM — DISCUSS CITY'S INVOLVEMENT WITH
MAYOR'S "SUMMIT OF THE AMERICAS" CONFERENCE.
Chairman Plummer: All right. We'll now move on to Item B. Discussion concerning a budget for the Sister
Cities Program. We're still on the Special Agenda.
Mr. Luie Brennan: Lieu Brennan, Interim Director, Department of Management and Budget. The budget
for Sister Cities program is a hundred and sixty thousand dollars ($160,00.0).
Commissioner Teele: Excuse me, Mr. Brennan. Did you_pass out anything? My — I don't...
Mr. Brennan: No, I did not pass anything out.
Commissioner Teele: You know, Mr. Manager, again, I — for the record; I really do object to the fact that
we have a professional staff. We have nothing in writing. We have — this has been going on now for two
weeks. We should, at least, have a document before us that outlines that this was a specific motion and
request that we get a report, and those reports should be in writing. There's nothing in the record, once we
move on from this.
Mr. Donald Warshaw (City Manager): Commissioner, I apologize for that. I know this is a discussion item.
And the Sister Cities budget is part, you know, of the appropriated budget that's already been passed, but I'll
get you something in writing.
Chairman Plummer: All right. Are we going to discuss this item any further?
Commissioner Teele: Well, have we heard a report? I mean, what are they doing? What are our Sister
Cities? I mean, what activities have we had over the last year? What are we getting for the taxpayers'
money? How much are we spending?
Mr. Brennan: A hundred and sixty thousand dollars ($160,000) budgeted for 2000.
Commissioner Teele: How much did we spend last year?
Mr. Brennan: Last year we spent about seventy-six thousand dollars ($76,000).
Commissioner Teele: So, what's the justification for increasing it from seventy-six thousand to a hundred
and sixty thousand?
Mr. Brennan: I do not know the plan for the Mayor for Sister Cities program, but he took on an additional
employee to assist with the Sister Cities program, and we added that.
27 October 12, 1999
Commissioner Teele: Did you get any justifi — I mean, these numbers are here without any backup? Are
you suggesting that you all increased — you doubled the budget?
Mr. Brennan: The budget was not doubled, Commissioner. The budget...
Commissioner Teele: Well, from the actual expenditures of seventy-six thousand dollars ($76.000) to a
hundred and seventy-six — a hundred and sixty...
Mr. Brennan: The budget was a hundred forty-one thousand five ninety-eight.
Commissioner Teele: But based upon actual expenditures, was seventy-six thousand dollars ($76,000)? So,
you're...
Mr. Brennan: Actual expenditures to -date is seventy-six thousand dollars ($76,000).
Commissioner Teele: Well, the year's over now.
Mr. Brennan: But at the time when we were doing this budget, we did not know that he would only be
spending seventy-six thousand dollars at the end of the year.
Commissioner Teele: Are you suggesting that you all increased the budget without any paper work, without
any justification, without any documentation?
Mr. Brennan: We had paperwork that he had one employee and we increased it for that one employee.
Commissioner Teele: Has any other employee been hired?
Mr. Brennan: No, sir.
Commissioner Regalado: I've got a question on this. I'm a little...
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I'm a little confused. I — Mr. Manager, is the Sister Cities program working on
the Mayor's Conference? Is the person hired — this is my question. Is the person hired working for Sister
Cities for the activities or for the Mayor's Conference? And the reason I'm asking this is because the Mayor
has said that this is not costing the City one dollar.
Mr. Warshaw: Commissioner, I don't know the answer to that. I don't know what the relationship is
between the Sister Cities program and the Mayor's Summit. I assume there's probably some linkage
between the two but I don't know the answer to that.
Commissioner-Regalado: So, you're saying that — is that budget covered already? I mean, is it being used?
Is it — to your knowledge, there's a hundred and sixty thousand dollars ($160,000) are being used now?
Mr. Brennan: To my knowledge, I cannot answer that. Apart from the salaries that are being charged there.
Commissioner Regalado: How much is that, the salaries?
Mr. Brennan: We have two employees right now that are being charged there.
28 October 12, 1999
Commissioner Teele: When was the second employee brought on?
Mr. Brennan: Some time in July.
Chairman Plummer: Did not this Commission, as I recall, reduce that amount...
Commissioner Regalado: No, we did not.
Chairman Plummer: ...for the actual budget?
Commissioner Regalado: No, we did not.
Chairman Plummer: Did not. All right.
Commissioner Regalado: We told them that we needed to know information in order to reduce.
Chairman Plummer: Oh, that's the point I was trying to make, when there was supposedly a motion that was
going to kill the budget completely. I said, at least, find out what's happening and what's going on.
Commissioner Teele: Well, that's why it's on the agenda now.
Chairman Plummer: Yeah, I understand that. But know we don't have — we still don't have any material.
Commissioner Teele: We have no material — can we get, at least, a copy of the reductions? You know, the
sheet of paper that had the reductions that were made in the budget?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Could we get that passed out?
Mr. Warshaw: 'Yes, sir.
Commissioner Teele: What Sister Cities — I have been here for 18 months — 20 months. No one has talked
to me about Sister Cities since I've been here. Are the Commissioners involved in Sister Cities? I mean, do
we have Sister Cities assigned?. Is there a Sister Cities Program? I mean...
Commissioner Regalado: No.
Mr. Warshaw: Yes. I think I stated...
Commissioner Teele: Do you have a Sister City?
Chairman Plummer: Well, wait. Whoa, whoa.
Commissioner Regalado: I don't even have a cousin city.
Chairman Plummer: All right. Let me interject here, if I may. Mr. Teele, we do have Sister Cities. Are
they active is another question. We have Sister Cities that are legitimate with the Sister Cities International
in Washington, Bogota, Columbia; Cali, Columbia; Santo Domingo, and San Jose, Costa Rica.
29 October 12, 1999
Commissioner Sanchez: But the question is, are they active?
Chairman Plummer: Those are the ones that I am very much familiar with...
Commissioner Teele: Well — but, J.L.?
Chairman Plummer: ...but none of them are active at this time.
Commissioner Teele: But why are we spending a hundred and sixty thousand dollars ($160,000)...
Chairman Plummer: Sir, I'm not speaking to that. I'm saying that we had, at one time, 11 Sister Cities, OK.
We had one in Israel. We had one in Mexico.
Commissioner Teele: But there was a hell of a Sister Cities program in Italy, I recall reading.
Commissioner Regalado: ' Palermo.
Commissioner Teele: They took a band, a choir...
Commissioner Regalado: Palermo.
Chairman Plummer: You're very right, but that one is completely dead now. We had one supposedly...
Commissioner Teele: What do you mean? We've invested a million dollars ($1,000,000) in that city.
Chairman Plummer: Nice, France.
Vice Chairman Gort: My under - Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding in reading back, before we had the crisis, we were very helpful to
many of the Sister Cities and we gave them a lot of support, a lot of help. And, unfortunately, when we
went into the crisis, a lot of that help, that assistance was stopped. And I think there was only one Sister
City, which is Kagoshima, that sent some funds to us during the hurricane, when we had the problem here.
So, some of those Sister Cities were very much alive at the time. In the last two years, right after the crisis, I
think that program has been stopped quite a bit.
Chairman Plummer: All right, gentlemen. What do you wish to do with Item B? --
Vice Chairman Gort: We need more information.
Commissioner Teele: Well, I thought we'd want to get a little information, Commissioner Plummer. I
would ask the City Clerk, if you could provide us with a list of the Sister Cities that have been approved?
And, to the best of your ability, in working with the Manager's Office and the Sister Cities program, to give
us a list of the active Sister Cities that are, at least, on the way. I mean — but, Mr. Manager and Mr.
Chairman, at the appropriate time, I would move that the Sister Cities budget be rolled back to the last year's
expenditure, and that all employees that are working for the Sister Cities program be detailed to an
appropriate office, to write a plan relating to Sister Cities, to be submitted to this Commission and that their
30 October 12, 1999
activities be limited to the writing of a plan that will be approved by the Mayor of the City and submitted to
the Commission for ratification, and...
Chairman Plummer: Is that in the form of a motion?
Commissioner Teele: I would certainly so move it, Mr. Chairman.
Chairman Plummer: Is there a second?
Commissioner Regalado: I'll second. I don't want to include anything in the motion, but 1 just like to know
if city - Sister Cities staff is working on the Mayor's Conference? I mean, what is the role of those
employees for the Sister Cities programs? What do they do?
Mr. Brennan: Commissioner, I don't think I could answer that question.
Commissioner Regalado: No. I'm asking you.
Commissioner Teele: Well, somebody...
Commissioner Sanchez: Somebody needs to answer that question.
Commissioner Teele: The Manager is the one who should answer it because, you know, I heard the script a
year ago. I've read Ms. Gwen Warren's memo about employees of the City and what they can do and can't
do and how they all must report to the Manager and how no employee of this City cannot report to the
Manager, which is all horse, because that's not true. All of our staffs report to us, and the City Attorney's
staff reports to him and the Clerk. But, in any event, Attorney Warren gave us that memo and I just want to
know, Mr. Manager, where are these employees and who do they report to?
Mr. Warshaw: Well, Commissioner...
Commissioner Teele: What are they -doing?
Mr. Warshaw: The employees work in the Office of the Mayor and, honestly, I don't know specifically
what they do. Although, you're right, technically, all employees of the City do report to the Manager. But I
can tell you, I don't know exactly what they do. I told you last time a little bit about what Sister Cities is,
what my understanding is. But I'll try to get that answer for you. I don't know, specifically, what their
day-to-day responsibilities are.
Commissioner Regalado: So, what you're saying is that we should add to the Mayor's budget the hundred
and sixty thousand dollars ($160,000)? Is that a fair statement?
Mr. Warshaw: No. What I'm — no. You've already passed the fiscal year 2000 budget, which included a
small increase for the additional employee. That's already been done. If you're now going to change that -- I
mean, that's up to the will of the Commission. I will get you the answer asto what the employees do.
Commissioner Teele: He's asking a different question.
Commissioner Regalado: No.
Commissioner Teele: Didn't you provide us with'a list of the fully loaded costs of each department?
31 October 12, 1999
Mr. Warshaw: Yes, sir.
Commissioner Teele: Including the Mayor's Office?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Can we get a copy of that?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Does that include the office of Sister Cities? I think it does.
Mr. Warshaw: Yes, sir.
Commissioner Teele: I think they gave us — I mean, it was never properly — I mean, it was never presented
in the Commission meeting so that it could be a part of the records of the Commission, which I'm trying to
get it done now. But the Manager did an outstanding job of providing us with the fully loaded costs of
every department, including the Commission's office, including the Mayor's office, and I think including the
Manager's office. By the way, Commissioner Plummer, you where right again. The Police costs, as I recall
it, was about a hundred and thirty-three million dollars ($133,000), not the ninety million dollars
($90,000,000) that we had been throwing around.
Chairman Plummer: No, no, eighty-six, to be exact.
Commissioner Teele: Yeah. And;the fully allocated costs of the Police Department is one hundred and
thirty-three million dollars ($133,000,000), and the fully allocated costs of the Fire Department was
sixty-six million dollars ($66,000,000). Substantially higher than the numbers that we quote and that are
reported in the media widely, as to the cost of the government.
Chairman Plummer: All right. We're on B. We have a motion on the floor. Mr. Clerk, read the Motion
back, so everybody make sure we understand the motion.
Mr. Foeman: This is a motion by Commissioner Teele to roll back to the last fiscal year expenditures... the
City Clerk ... Sister Cities program's budget — and further directing the administration to have the employees
that are, in fact, serving and working as employees in the City's Sister Cities' budget to report to an
appropriate office to write a plan, to be approved by the Mayor, and submitted to the City Commission for
ratification.
Chairman Plummer: OK. And it was seconded by Commissioner Regalado, as I recall.
Commissioner Teele: That was to work exclusively on the plan. That was the language. Exclusively work.
Mr. Foeman: Work exclusively on the plan.
Chairman Plummer: And the second question was part of the motion or not, Mr. Regalado? Your question,
do you make it part of the...
Commissioner Regalado: I don't wish to make it part of the motion. I just want to know...
32 October 12, 1999
Chairman Plummer: All right.
11
Commissioner Regalado: What — you know...
Chairman Plummer: Mr. Manager, you understand the request? Mr. City Attorney?
Mr. Vilarello: Just to clarify. As I understand the motion, it was a direction to the City Manager to proceed
under those obligations. However, if you want to amend the appropriations ordinance, that will have to be
done by amendment. At this point, I think the Commissioner is simply asking for a report and a
recommendation from the Mayor.
Commissioner Teele: That's not at all. What we've done is, we've instructed the Manager, through the
Budget Office, not to make those funds available until such time as a report has been issued, and we can do
that. That's not an appropriation, but that is an instruction to the Manager's Budget Office and Finance
Office, that no funds can be made available in excess of last year's allocation on a proportionate basis. And,
at the time we do the report, we'll do the budget adjustment, if necessary.
Mr. Vilarello: The correct direction is to the Manager and in order to change the budget, in fact, an
appropriations ordinance will be required.
Commissioner Teele: But this motion instructs the Manager's Finance Department and Budget Department
not to release funds in excess of last year's level, until that report has been written.
Chairman Plummer: Are you saying last year's expended?
Commissioner Teele: Last year's expended...
Chairman Plummer: That's what you said before.
Commissioner Teele: ... level of seventy-six thousand dollars ($76,000).
Chairman Plummer: Now, for the"record, Mr. Budget Director, has any of those funds been allocated?
Mr. Brennan: We're just within the year and we have not allocated anything to that budget, as yet.
Chairman Plummer: In other words, that budget has not been touched, as of yet?
Mr. Brennan: Right.
Commissioner Teele: Other than the salaries.
Mr. Warshaw: It's being loaded.
Mr. Brennan: Well, based upon your direction, now, the salaries will be directed maybe in the Mayor's
office.
Chairman Plummer: OK.
Commissioner Teele: The salaries will be expended, based 'upon this motion, exactly like they were
expended last year. .
33 October 12, 1999
Mr. Brennan: So, Commissioner, what you're saying is that the salaries can continue to go there but...
Commissioner Teele: Absolutely.
Mr. Brennan: ...should not exceed the seventy-six thousand dollars ($76,000)?
Commissioner Teele: The seventy-six thousand on a pro rata basis. On a 1/12th, 1/12th, 1/12th basis.
Chairman Plummer: OK. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-744
A MOTION ROLLING BACK THE BUDGET EXPENDITURE FOR
THE SISTER CITIES PROGRAMS .TO A LEVEL OF LAST FISCAL
YEAR'S EXPENDITURES; FURTHER DETAILING ALL AFFECTED
EMPLOYEES INVOLVED WITH THE SISTER CITIES PROGRAM
TO AN APPROPRIATE CITY DEPARTMENT/ OFFICE FOR THE
PURPOSE OF EXCLUSIVELY WORKING ON A PLAN
CONCERNING THE SISTER CITIES PROGRAM, SAID PLAN TO BE
APPROVED BY THE MAYOR AND SUBMITTED TO THE CITY
COMMISSION FOR RATIFICATION OF 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.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: On the issue that Mr. Regalado has raised and Commissioner Sanchez has quoted
widely in the press on, I would like to understand, right here and right now - and we need to not be petty but
we need to be serious. Mr. Attorney, I need your attention.
34 October 12, 1999
Mr. Vilarello: Yes, sir.
JJ
Commissioner Teele: The Mayor's Conference continues to come up in the press. One recommendation
has been that the Mayor should donate the money to the Save Our Seniors. Are there any funds that have
been collected, under the guise of the Mayor's Conference, that are funds of the City of Miami or are they
not -for -profit?
Mr. Vilarello: I'm not aware of any funds received by the City of Miami on behalf of the Conference. I
don't know if the Manager is.
Commissioner Teele: Is there a not -for -profit or an entity that has been designated that uses or works off of
the City of Miami and under a Mayor's Conference or International Mayor's Conference?
Mr. Vilarello: Not that I'm aware of. However, Commissioner...
Vice Chairman Gort: Yes.
Mr. Vilarello: I'm sorry.
Vice Chairman Gort: The Downtown Development Authority was working on this long time ago.
Commissioner Teele: The Downtown what?
Vice Chairman Gort: Development Authority.
Commissioner Teele: Is doing what?
Vice Chairman Gort: It was utilizing the non-profit organization to receive all the funds. I don't know if
they did or not. I have not been aware of that.
Commissioner Teele: For a Mayor's Conference?
Vice Chairman Gort: Right.
Commissioner Teele: I have read and I have heard, repeatedly, that large sums of money are being raised.
In fact, I'm going to put it on the record, Mr. Clerk, and I want you to send it to the Mayor. If City —
allegedly, a sports promoter, who shall remain nameless, but who desires to build a stadium, has contributed
over or approximately seventy-five to a hundred thousand dollars ($100,000) for some activity related to the
City of Miami or in the City of Miami for a Mayor's Conference, and he is under the opinion that that
seventy-five or a hundred thousand dollars ($100,000) will give him the right to -build a stadium in the
Bicentennial Park. I want to be very, very clear that I am not going to get rolled over on the Bicentennial
Park issue, that there will be no stadium built, Mayors Conference or no Mayor's Conference, in the
Bicentennial Park. And, Commissioner Plummer, I mean, I know you have views on this. We all will have
one.
Chairman Plummer: Sir, my view is the same as yours. When I met with Mr...
Commissioner Teele: We all will have one vote on this issue, but I will tell you right here and right now, I
will be on a picket line. I will do whatever I've got to do to stop this City from building a stadium, Mayor's
Conference or no Mayor's Conference, in the Bicentennial Park. We have built more waterfront land in the
35 October 12, 1999
last 10 years than the founders of this City built in the last one hundred. We have built the Bayfront, which
is a wonderful thing. I don't regret it. But we took away land from future generations, to be able to walk on
the water, for commercial purposes. We have built the American Airlines Stadium on waterfront land. I
voted for it at the County Commission. It was a mistake then, as I said when I voted for it. It was a mistake.
It's a mistake now. We have just allowed the people at the Commodore or wherever that was here in the
Grove to do something, since I've been here. 1 mean, we've got to basically stop the development. We've all
agreed to Watson Island Development. We need to leave something for future generations in this City to
develop along the waterfront or not develop, but we certainly have an obligation to children, and children
unborn, to let them see the Biscayne Bay without having to look around a building. And I just want to be
very clear. Mayor's Conference or no Mayor's Conference, we should not be on record as saying that
somebody's going to give money and then that's going to happen. And I want to be on record as saying that.
Mr. Attorney, I would like for you to pull the articles of incorporation of this entity that is receiving money,
that is very close to...
Vice Chairman Gort: It's not the DDA (Downtown Development Authority).
Commissioner Teele: Well, if its the DDA, so be it.
Vice Chairman Gort: It's not. It's not.
Commissioner Teele: But whoever it is that's receiving money, under the guise of a Conference for Mayors
that is coming here — and I would like you to prepare a resolution that, first of all, requires that,
prospectively, starting today, that no City employee may work for or be a part of, during duty hours or, for
that matter, off -duty hours, including Police, to support any not -for -profit organization that does not make
public its books, in accordance with the Public Records Laws and the Sunshine Law. I believe that,
whatever meetings are being held, whatever checks are being written, if you're going to use City employees,
if you're going to — you cannot let the City do, through a not -for -profit, what it can't do. All Commissioners
have the right to raise funds, privately, through the Dade County Foundation. Those books are public.
Those books are open. The media can go and determine who contributed; how much they contributed;
where every dollar goes, and the same thing should be true of any other organization that we're involved in.
And I would ask that there be a resolution that requires that, in the future, starting today, that any
organization that is associated with or engaged in activities in relationship with the City of Miami and its
employees during duty hours, during the 9 to 5, 8 to 5 period, must be subject to the Sunshine Law and must
be subject to the Florida Records Law or the City Commission — City employee shall not be authorized to
work during duty hours pro bono or on assignment or whatever, unless and until that has been complied
with. And I would ask that that resolution be prepared because I think we should not have some
organization that's raising money using the City of Miami as a name; going to have police officers detailed
to it; going to have Sister Cities people detailed to it, lawyers detailed to it and, then, it's not subject to any
records keeping. We don't know what commitments are being made. I got a call from Spain. From Spain,
from one of my clients that was being approached by someone on behalf of the City of Miami to host a fifty
thousand dollar ($50,000) reception in Miami, for the Miami City Commission, and I promptly assured my
client that this was not something the City of Miami is involved in, -but it's being done in the name of the
City of Miami and we can't stop that, nor do we want to stop that. But, if funds are raised and the City of
Miami is directly, or approximately involved, it should be public record, and even "The Miami Herald"
should not oppose that.
Chairman Plummer: You're asking a resolution be brought back at a later time?
Commissioner Teele: Today. Yes, sir.
36 October 12, 1999
Chairman Plummer: Today. OK. You know, let's discuss this a little further. My major concern is just
exactdy what you said. Is the portrayal that this is a City event. And if this thing fails, you know who's
going to get the blame? The City, not just us. But I am concerned that we are having an event, which is just
about a month from today, and this thing — I really don't know that much about it, except I was asked to
reserve Bayfront Park for three days for one of the events. Where is the money coming from? And if
people are out soliciting money in the name of the City — I'm just — I'm concerned that we, the City
Commission, could get embarrassed.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: You know, I have been accused of writing the Governor and, basically, asking the
Governor that if any State money or any money being used by taxpayers should basically go towards the
financial recovery of our City. Because we are the fourth poorest City in the nation, and I feel that any
money coming in should really go towards the many crisis that we're going through, and one of them is Save
Our Seniors. Through the whole process, all the articles that have come out and stuff, supporting or not
supporting the Mayor's Summit, is one of great concern is that we need to look into the facts. And
Commissioner Teele is right, when we need to start basing our opinion on facts, on knowledge, on
experience. March of this year, the County had a Mayor's Summit and for us to have one four, five, six
months later, seven months later, is really sending the wrong message to our constituents because of the
financial situation that we're in, that we're ready to bring in these Mayors. And now I — I don't oppose the
idea. I just oppose the timing of the idea. Where we're going to bring in close to about two hundred or three
hundred Mayors from all over Central, South America and the United States, to come down here and put
them up at the Intercontinental, give them shrimp cocktail, take their wives out shopping, and have a good
time, and, on the way out, they're probably going to ask the Mayor to donate spare cars, spare computers,
and other facts. So, that is the biggest concern that I have. And the people that I talk to tell me, you know,
it's — I just cannot see how all the emphasis that's being put on this Conference or this Mayor's Summit, I
think that the energy and all the other hype should be put forth on ideas to bring a much more brighter or
broader economical development, more financial stability to our City, and that's where I think that it should
be focused on. So, that the concept of it is — and I think the people are looking at it and saying, "Wait a
minute. You know, the County just had one several month ago. Why are we having one now?" Why are
we having to put all this effort and time into preparing this event when, you know, we got people in my
community. We've got people in your district that go to bed at night hungry, and have one pair of shoes to
go to school. And their families are struggling every day to provide a better living for their families. So,
that's the thing that I can fathom, is that we're going to spend close to two million dollars ($2,000,000),
when I think that the two million dollars ($2,000,000) is much, much needed into the poor communities and
to Save Our Seniors and other ideas that the money should go forth. So, that's just where I stand on that
issue. Thank you.
Chairman Plummer: Mr. Sanchez, I couldn't agree with you more, and I agree with Commissioner Teele,
when a full accountability has to be demonstrated to the people. My only concern still remains the same.
This thing is being done in the name of the City of Miami. If this thing fails, we are going to have egg on
our face. And I'm just saying that we don't know what's going on and, yet, it's being done in the name of the
City. Now, Mr. Manager, you know, I guess I've got to turn to you because you're the only one that can
speak to the Mayor and come back and report to this Commission. And somebody's got to do something
because this stalemate — if this thing fails because of lack of funds or whatever else, I think you've got a
major problem, and the major problem is that we all look bad. So, I'll leave it at that. OK? Mr. Regalado.
Commissioner Regalado: I mean, we all know that this probably is going to go forward. The Mayor has
37 October 12, 1999
been working on this for several months. I don't know anything about it. I only know what I read in the
papers about this conference. My problem — I mean, I think that maybe a lot of people will come because
who can reject a free trip to Miami and bring your — you know, your family and go to Vizcava and have a
night out and all that? My concern is the hidden costs that the City is going to have. I mean, we all know
what went on Saturday night. And, by the way, when the City Attorney returns, I would like to address that
issue. And we know that these events have costs and what we don't know is what is going to be the cost for
the City of Miami in terms of in -kind services, Police, Fire, personnel, whatever permits are necessary. So,
there is a lot of hidden costs that we are not being told. And the problem is that, if the organizers will come
clean and say, you know, this is a City of Miami sponsored event. I mean, you guys in the City Commission
will support it. Probably, we will, if we know what is going on. But to say in the paper that the City is not
paying a single dollar, that is a lie. And the people of Miami, again, are being manipulated and lied to about
this conference. So, I would just request to get some information on it.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to be on the record. This conference is probably going to go forward.
Apparently, I'm hearing that a half a million dollars ($500,000) or so has been raised. At least, one person
has put up close to a hundred thousand — seventy-five to a hundred thousand dollars ($100,000). I think it's
in our best interest to be on record as wanting to support this and supporting it because, ultimately, its going
to reflect on the City of Miami, and I share your concerns, Commissioner Plummer. We need to ensure that
this conference does not fail or, stated another way, is a success. The only thing that I want to establish this
afternoon, with a resolution, is that number 1, in order to support it — and rm willing to ask that — the
Oversight Board that funds be expended to make it a success, if the majority of the Commission will go
along, but I don't think we should be on record as supporting something, providing fee waivers, Madam
Attorney, in that resolution — no fee waivers, none of this stuff — if they're not going to come clean on the
records of this thing because I don't want to be a part of something that we don't know who's giving and
what commitments are being made or what impressions are being had. And I certainly am not suggesting
that the Mayor has made any commitments, but I am suggesting to you that there is a new feeling out there
that, all of a sudden, there's going to be a use for Bicentennial Park and, you know, maybe it's a coincidence.
Maybe it's not even true. But the best way to determine the truthfulness, as to whether or not one person,
who has an interest in building a facility, has contributed that sum of money or sum amount of money, is for
there to be a public records. And I don't think that the City of Miami should have City employees working
either pro bono or in their official positions and capacities on any organization that will not go — from this
day forward, that will not make the books of that organization public and that will not open the ray of
sunshine into all of the activities of that organization, and that's why I think we need to get this on record.
We need to get this issue out of the way so it's official City policy, so we don't revisit anything that has
already been going on. But going from this point on, we need to have a policy.
Chairman Plummer: All right.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Point of clarification.
38 October 12, 1999
Chairman Plummer: Yes, sir.
Vice Chairman Gort: Over six months ago, a presentation was made to the Board of Directors then, DDA,
with the idea of bringing the Summit here. The presentation that was made to us, the DDA Board approved
the — to do some of the press releases and the material for the -- to be taken and send it to the different
Mayors throughout the south and Central America. At the same time, it was stated from the beginning that
no City funds would be utilized to .do this conference, that the only funds that would be utilized for this
conference will be from the private sector. The reason being is, if you had an opportunity — and we have to
look at the bigger scope. We're an international city. We need to bring individuals and people from the
South and Central America. And when you have a concentration on so many people, there's plenty of
vendors that do business with South and Central America and the Caribbean. They would love to have all
these individuals here and make a presentation to them, and that was the idea, originally. There was — but I
agree with you all. I think the presentation should have been made to the City Commission. We should
have been made aware of what's going on and what's happening. I was under the impression that one of the
Board of Directors was going to come to each one of you and talk to you and to me. I haven't had a chance
to have the meeting. I think this is going to take place and we've got to make sure that it becomes — that it
does happen. It becomes successful. But I agree with all of you. We should — have to have the records real
clear, especially when we let them know there's no City funds being utilized.
S.. AMEND CHAPTER .56 OF:;:THE: CODE " TAXATI0N'"1-T0 PROVIDE -FOR ADDITIONAL
.HOMESTEAD.EXEMPTION.FOR SENIOR='CTIIZENS -`'; `"'
Chairman Plummer: OK. We're running about an hour and 10 minutes late and we've got five more items
on the supplemental. And just for everybody's information, I have to leave here today between five and
5:15, which I thought would be no problem when I first looked at the agenda, and it still might not be a
problem. We're now on Item C, the Senior Citizens. Mr. City Manager. I'll be right back.
Commissioner Regalado: I'll move.
Vice Chairman Gort: My understanding is that we can pass this first reading, then second reading. And my
understanding, ,we have a whole six months to look for the funds, am I correct in my interpretations?
Mr. Donald Warshaw (City Manager): If you pass this on first reading today, second reading will be...
Vice Chairman Gort: The 28th.
Mr. Warshaw: ... the 28th. And that would be for implementation on the first of December.
Vice Chairman Gort: I'm sorry. It'll be on the 26th, right?
Mr. Warshaw: Twenty-sixth.
Vice Chairman Gort: Right. OK.
Commissioner Regalado: I'll make a motion to approve this but, Mr. Chairman, before we do this, I have a
question for the Manager.
Commissioner Teele: Before you ask that, I just want to ask a question. Do we have the documents or the
background on what this cost? What are the — do we have the first year and the five-year implications for
39 October 12, 1999
this? It is not a part of the packet.
Mr. 'Warshaw: We do.
Commissioner Teele: The Mayor has continued to say this is two point two million dollar ($2,200,000)
impact this year. "The Herald" has reported that it's a two point two million dollar ($2,200,000) impact this
year. You all have said, repeatedly, it's not a two point two million dollar ($2,200,000) impact this year.
Now, what's the truth? And let's get this out on the table. But we need something in writing on this
because, otherwise, everybody's going to be an expert on this.
Ms. Bertha Henry: Bertha Henry, Assistant City Manager, Finance and Administration. The program is
currently in effect. The County has issued the forms and the applicants are being gathered. They're
gathering the information. And the deadline for filing is March 1 st. Commissioners, this program, if the
City Commission approves, will affect the FY-2001 budget.
Commissioner Teele: State it this way. Does it affect the FY-2000 budget?
Mr. Warshaw: No.
Ms. Henry: No, it does not.
Commissioner Teele: The Mayor's memo says that it affects the 2000 budget. Has anybody explained to
the Mayor that it does not? -
Ms. Henry: I think the issue there, Commissioner, is that the Financial Oversight Board has made it
perfectly clear that it affects the 5-year forecast and the budget is part of the forecast.
Commissioner Teele: Well, I understand the 5-Year forecast. I didn't — you know, I'm not — does it affect
the FY-2000 budget?
Mr. Warshaw: No, sir, it does not.
Commissioner'Teele: Then why can't you put it in writing and say that it doesn't affect the FY-2000
budget?
Mr. Warshaw: And I've done...
Commissioner Teele: The Mayor has put it in writing saying that it does affect the 2000 budget. "The
Miami Herald' continues to print that it has a two million dollar ($2,000,000) implication and it doesn't.
Mr. Warshaw: Commissioner, I've gone on the record. I'll go on the record again.
Commissioner Teele: Could you go on the record in writing?
Mr. Warshaw: Sure.
Commissioner Teele: Please.
Mr. Warshaw: Absolutely. It does not affect the fiscal year 2000 budget.
Commissioner Teele: What does Dade County — and I have a copy of this somewhere. What does Dade
40 October 12, 1999
County estimate that the Save Our Seniors will be in FY-2001? I realize there is a difference between what
Dade. County is saying and the State. I believe that this Commission should adopt the Dade County
numbers, which are higher numbers.
Ms. Henry: Yes. The Dade County estimate for Save Our Seniors for the City of Miami is about two point
nine million.
Commissioner Teele: Two point nine?
Ms. Henry: Just shy of three million dollars ($3,000,000).
Commissioner Teele: And the State's number is what?
Ms. Henry: Two million. In the two million dollar ($2,000,000) range. Two point two.
Commissioner Teele: And what's the — but we're going to draw our numbers from the Dade County rolls,
right?
Ms. Henry: Yes, we are. Commissioner, the County acknowledges that these numbers are on — at this
point, they are pretty much in the same position we were in with respect to the Parking Surcharge where,
without the history and without being able to determine how many people would actually qualify and go
through the process, they were estimating, as well as the State.
Commissioner Teele: I'm going to yield back to — thank you for yielding to me, Commissioner Regalado. 1
want to be very clear that I think this City needs to operate at' a different level. We need to operate more
conservatively. We don't need to look for the easy way out at every turn. The County has the number. The
County's collecting the money. And, as far as I'm concerned, this Commission should adopt the Dade
County estimate until we have something to the contrary. Otherwise, we're going to be right back where we
are. We wind up always not having enough money and, then, having to rob Peter and save Paul. And, so,
the number at this point is two point nine million beginning in FY-90...
Mr. Warshaw: "Two thousand and one.
Commissioner Teele: Two thousand and one
Ms. Henry: Two thousand and one.
Commissioner Teele: What's the FY-2002 number?
Ms. Henry: Commissioner, the impact would basically be the same, unless the millage rate changes.
Commissioner Teele:' So, it's a straight line, for all practical purposes?
Ms. Henry: Yes, sir.
Commissioner Teele: Roughly, a three million dollars ($3,000,000) for purposes, but you all believe that
the number could go as low as two point five?
Ms. Henry: Two point two.
41 October 12, - 1999
Mr. Warshaw: Two point two.
..
Commissioner Teele: Two point two.
Chairman Plummer: All right. Is there a motion?
Commissioner Teele: Commissioner Regalado has the floor.
Vice Chairman Gort: I second.
Commissioner Regalado: Yeah, I have a motion and...
Chairman Plummer: And Commissioner Gort seconded it.
Commissioner Regalado: OK.
Chairman Plummer: Is there further discussion?
Commissioner Sanchez: I have discussion.
Commissioner Regalado: Yes. I have a question. Since we need to look for funds, can you — Bertha, can
you tell us what — how much do you think that the City will be spending on collecting the Parking
Surcharge?
Ms. Henry: Commissioner, at this point, the ordinance limits our ability to spend more than around three
hundred and fifty thousand is the maximum, which is about five percent.
Mr. Warshaw: It's in the ordinance.
Commissioner Regalado: Two hundred and fifty thousand?
Ms. Henry: Three hundred and fifty thousand.
Commissioner Teele: Is the ordinance based on a percentage or a dollar?
Ms. Henry: It's five percent. Up to five percent.
Commissioner Regalado: OK.
Commissioner Teele: So, it's five percent?
Ms. Henry: Right.
Commissioner Regalado: Five percent of whatever — so, yesterday, I received a letter from Lucia
Dougherty regarding a proposal from Revenue Recovery Services to collect the Parking Surcharge and 1
would like the administration to get more information, to see if this will be cheaper for the City instead of
doing it within our departments. Do you have any information on this proposal, at all?
Chairman Plummer: Mr. Regalado, how does this address Item C?
42 October 12, 1999
Commissioner Regalado: It's about funds. It's about saving funds. Saving funds to subsidize Item C.
Chairman Plummer: All right. So, in other words, what you're saying is, that those monies that would be
derived by that proposal would go into this amount?
Commissioner Regalado: Exactly.
Chairman Plummer: All right.
Commissioner Regalado: That's what I'm saying.
Chairman Plummer: All right, sir.
Commissioner Regalado: Mr. Manager, do you have any idea if that proposal — I don't know exactly.
Mr. Warshaw: The only thing I know is that they were late in their submissions. They were not part of the
evaluation we did, so I'm not completely familiar with it. But maybe Ms. Dougherty can shed some light on
that.
Commissioner Regalado: So, what we need to do — should we start again this process? Is it a...
Ms. Henry: Commissioner — this is, once again, Bertha Henry. There was an Evaluation Committee
appointed to review the proposals. Ms. Wiley is here to speak to the specifics of the process but, at this
point, we are in the second phase of the process, where we are — where the committee has made a
recommendation. No decisions have been — are final and have not been brought back to you. But the
negotiation process will then begin and, at this point, we can't tell you, ultimately, what the proposal would
be, how much they would charge and the likes. So, this is ahead of where we are at this point.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, you know, the Governor made it very clear when he said we have
two choices. "One is, we reduce expenditures or we increase recurring revenue. Now, you know, the
Parking Surcharge, the Oversight Board said that, you know, on a conservative and basically we had no
history to come up with five point seven million to use. Now, I know that possibility exists that more
money would come in now. Bertha, I am a visionary. I look at all the projects that are set forth to come into
his City. All the construction and cranes are up. You see the Four Seasons going up, the W 3 Marriott or
whatever — what is it?
Mr. Warshaw: JW.
Commissioner Sanchez: JW Marriott. And so many other constructions going on, like the Ritz Carlton.
Now, we focus on what we could do. We have — it's very simple. We have two options. One is, one, we
reduce our expenditure or we bring in recurring revenues. Now, I know, for a fact, with all developments
going on, I know that the County is very, very interested, from what I've gathered, in that Watson Island
before the Seaport, for the ship that they want to bring there. And I know that, for a fact, that I think they're
willing to sit down with you today before five or tomorrow and come up with a good chunk of money to pay
for that land. And I know that there is some discussion going on between the administration and the County
on that process. But once we look at all this — and I think that it's tough for the administration, as well as
the Commission, to see a lot of things that are going on. The slip next to the arena that we talked about
filling it up, but that property there — and I'm just throwing numbers out. And I think I'm right by ballpark
43 October 12, 1999
figure. And, you know, once again, if you think that I'm off the ballpark figure, bring the number out. 1
think -that alone generates close to sixty to seventy million dollars, if we're able to fill it up, you know, and
put it out there. And just by — and this is just a number — that we're able to lease that property out at six
percent, that's four million dollars ($4,000,000) that would come in. They built something on that land.
hotel or whatever they will, that's addition — probably one more million. So, there's a lot of revenue that's
come in and we are counting on that revenue for the fiscal year of 2000 and 2004. Now, I know what the
administration is doing and it's wise move, to do everything they can to save for out -years because that's the
only way that we're going to get back to running an efficient government and have money surplus to show
that we're back financially fit, saving money. So, that's the concern that I have here. I think that, through
the process and all the recurring revenue that's coming into the City, I think, you know, the money is there
for Save Our Seniors. Mr. Manager?
Chairman Plummer: All right. Mr. Gort.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: I'm sorry. Are you finished?
Commissioner Sanchez: I want a response, I mean, from the City administration.
Mr. Warshaw: Commissioner, I realize, you know, how very important this issue is and I'm going to do
everything I can, you know, to find the money. And I hear exactly what you're saying in terms of the
out -years. Now, I have spoken to Robert Beatty of the Oversight Board and, if necessary, I'll go with you,
individually, to see Robert Beatty, to see the members of the Oversight Board. Iunderstand, for example,
that the conservative side of the collection on the Parking Surcharge could be several million dollars less
than potentially what it could be able to collect. I understand, on our ad valorem taxes, that our estimates
are on the conservative side and there is potentially more money to collect. I certainly understand the issue
of the Port of Miami and Watson Island because we've been engaged in active negotiations with Mr. Talsly
and Merritt Steirheim, which also has the potential to give us several million dollars of additional recurring
revenue. So, I understand what's out there. Now, we need to take that and translate it into something that
would be saleable, acceptable to the Oversight Board. And I understand what it is everybody wants and all I
can tell you is, we worked all last week, around the clock. We were working this past weekend. We're
looking for these dollars and we will find them somehow, some way. And, you know, we'll continue to
keep you updated as to what we're doing. But I think it's important that we go to the Oversight prior to that
meeting. They're not scheduled to meet until December, so that we know., So we don't have to get into a
confrontation with the Oversight Board and then be right back here doing this again. And I'm prepared to do
that.
Chairman Plummer: OK. On first reading, read the ordinance. Thank you. Call the roll.
44 October 12, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 56 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION," TO
PROVIDE FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR
CERTAIN QUALIFYING SENIOR CITIZENS TO BE. APPLIED TO
MILLAGE RATES LEVIED BY THE CITY OF MIAMI; PROVIDING
FOR REQUIREMENT OF ANNUAL APPLICATION AND
SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING
FOR WAIVER OF EXEMPTION, AND PROVIDING FOR AN
ANNUAL INCREASE IN THE INCOME LIMITATION; MORE
PARTICULARLY BY ADDING NEW ARTICLE IV, ENTITLED
"HOMESTEAD EXEMPTION FOR SENIOR CITIZENS" TO
CHAPTER 56 OF SAID CODE; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE TO THE MIAMI-DADS
COUNTY PROPERTY APPRAISER PRIOR TO DECEMBER 1, 1999;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FRO AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
was introduced by Commissioner Regalado, seconded by Vice Chairman Gort, 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.
[COMMENTS MADE DURING ROLL CALL:]
Vice Chairman Gort: The reason I'm going to vote yes for it — and if you all recall — and I want the press to
really make sure they get this because it's been reported incorrectly. I'm glad Commissioner Teele brought
this up. This does not affect the funding for the Year 2000 and if you all recall, when we voted on this, we
asked the Attorney what was the deadline for us to take a position and it was plenty of time to implement
this program and still get the funds for it. Yes.
Note for the Record: At this point, the Special Meeting was tabled and the Commission opened the regular
meeting.
45 October 12, 1999
[COMMENTS MADE AFTER ROLL CALL:]
Chairman Plummer: We're now — I'm stopping the supplemental agenda, which we'll take up later, if we
have the time. I am now going to the Regular Commission Meeting agenda. For the record, the Manager
has withdrawn Item 32. You are here on 32 — did you pull 13? Mr. Manager, you wanted to pull 13, if you
would do that, sir. All right. Now, Mr. — Madam City Attorney, you've given me a long spiel here about
the Mayor's veto. Should I read this into the record? All right. For the record, my colleagues on the
Commission, do you have a copy of the Mayor's veto, which I'll read into the record: Pursuant to 4(G)(5) of
this City Charter, the City Clerk, the deadline for possible Mayoral veto for the Commission meeting
September 21, '99, which was rescheduled September, 14 of '99 was Friday, October 1 of '99, on or before
4:30 p.m. The deadline for possible Mayoral veto action for the Commission meeting of September 28, '99
was Friday, October 8, '99, and/or before 4:30. This office did not receive any items to be vetoed from said
meetings, except for the veto of Ordinance 11839, which was vetoed upon and subsequently overwritten by
the Commission, notwithstanding the Mayoral vote Resolution 99-739.
Note for the Record: The Minutes of August 11, 1998 were approved.
Chairman Plummer: All right. I need a motion to approve the minutes of August the 11 of'98. Moved by
Sanchez. Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous.
6. (A) CONSENT AGENDA
(B) DEFERRAL OF PROPOSED ACCEPTANCE OF BID: EDFM CORPORATION, FOR
"ENTRADA GUARDHOUSE"
Chairman Plummer: We're now on the supplemental agenda. Supplemental agenda is Items 1 through 6.
CA-1 through 6.
Ms. Maria Chiaro (Assistant City Attorney): Consent Agenda.
Chairman Plummer: Consent.
Vice Chairman Gort: Consent Agenda.
Chairman Plummer: What did I say?
Vice Chairman Gort: Supplement.
Chairman Plummer: Still on the supplemental.
Mr. Steve Helfinan: Mr. Chairman?
Chairman Plummer: All right. You wish to speak on one of the consent items?
Mr. Helfman: I do. CA-2.
46 October 12, 1999
Chairman Plummer: All right. CA-2. CA-2 is the Entrada Guard House. For the record, state your name
and -your mailing address and who you represent.
Mr. Helf ran: Absolutely. Thank you. My name is Steve Helfman. My offices are at 2665 South
Bayshore Drive: I represent three property owners within the neighborhood that is affected by this guard
house. This matter — Mr. Chairman, may I proceed? I don't know if there's other items in the consent
agenda that you wanted to take out. Do you want me to go forward now on this item?
Chairman Plummer: You can go ahead, sir, and speak to this particular item.
Mr. Helfman: OK. Thank you. Thank you. Only this one. About a year and a half ago, you all approved a
Special Taxing District. Actually, consented to the County's creation of that district. At that time, there
were three lawsuits filed. One against the City of Miami. One against the Homeowner's Association that's
involved and one against Dade County in connection with the creation of that Special Taxing District. All
of these lawsuits are now currently pending in circuit court. I'd like to provide a copy of those to the Clerk.
In the face of those lawsuits, there are a number of people within the community who continue to push the
City of Miami to build a guardhouse for them. Notwithstanding the 13 different counts contained in those
various suits, the neighbors want you to spend your money and build this guardhouse. The Manager wrote a
letter in February of this year to the community telling them — other than the fact that he was going to try to
accommodate them and continue with the design work — he told them the following: "Before any City
project may be advertised for formal bids" — advertised. We're in an award state now — "authorization from
the City's Purchasing Department, the Capital Improvements Program Administrator and myself must be
secured. This review process will include opinions of the City and County Attorneys concerning the status
and exposure of the City to the pending lawsuits. If no further action has been taken on these lawsuits, the
guard house, west drive and the street closure barricade will immediately be advertised for bids and the
highest priority will be placed on the construction of these improvements." Needless to say, there's a
number of those items on that list that haven't occurred. I am not aware and, as late as this morning, have
confirmed that the County Attorney's Office has not looked at this, at all. The reason that that is so
important and the Manager wanted to do that is because the County creates the district. If this district is set
aside, the City will be exposed for the entire indebtedness. What's more, these other departments...
Chairman Plurirmer: Excuse me. There is a rule. There are to be no beepers and no cellular phones inside
of these chambers.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Also, I want to invoke the rule, unless the Manager's objecting.
Vice Chairman Gort: Just pull it out.
Commissioner Teele: I mean, you know, we have a rule that this is a consent item. If it's not agreed to,
then, it comes up at the next meeting and you all ought to work it out. But if it's time urgent, I won't invoke
the rule. Is this time urgent?
Mr. Jim Kay (Director, Public Works Department): No. No, it's not.
Commissioner Teele: Then, I would invoke the rule...
47 October 12, 1999
Mr. Helfman: Thank you.
r
Commissioner Teele: And ask that the matter — and ask that you meet with the Attorney and the
Management before coming back to the meeting.
Mr. Helfman: I'll be happy to do that.
Chairman Plummer: All right. Then, it will come back as a regular item on the agenda, Mr. Manager.
Because this thing has been delayed and delayed and delayed and, you know, we've got to fish or cut bait,
whichever way we're going to go, and that's what I thought. All right.
Mr. Helfman: Thank you.
Chairman Plummer: Is there any other items? Mr. Boom -Boom, you wish to speak to a consent agenda
item?
Mr. Manuel Gonzalez-Goenaga: Well, as usual, I must admit that because of lack of sufficient information
and enlightment on CA-2, I am totally lost...
Chairman Plummer: Sir?
Mr. Gonzalez-Goenaga: And I wonder if the Commissioners...
Chairman Plummer: Whoa, whoa.
Mr. Gonzalez-Goenaga: ... are fully aware of what going on?
Chairman Plummer: Sir, CA-2 has been withdrawn from this meeting. No further discussion on that item.
Now, you wish to discuss any other item on the consent agenda, please feel free to do so.
Mr. Gonzalez-Goenaga: No, not yet.
Chairman Plummer: Thank you, sir. All right. Is there a motion to accept the consent agenda, with the
exception of CA-2, which will be rescheduled as an agenda item at the next meeting?
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by?
Commissioner Teele: Teele.
Chairman Plummer: Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
48 October 12, 1999
y THEREUPON MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER TEELE, 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.
NOTF. FOR THE. RF.( ORD: 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.
6.1 ACCEPT BID OF COMMERCIAL ENERGY SPECIALIST, INC., FOR POOL CHEMICALS
AND SUPPLIES, FOR DEPARTMENT OF PARKS AND RECREATION, ($47,266.75); ALLOCATE
FUNDS FROM THE FISCAL YEAR 1999-2000 PARKS AND RECREATION DEPARTMENT
OPERATING BUDGET.
RESOLUTION NO.99-745
A RESOLUTION OF THE NIIAMI CITY COMMISSION ACCEPTING
THE BID OF COMMERCIAL ENERGY SPECIALIST, INC., FOR
THE PROVISION OF POOL CHEMICALS AND SUPPLIES, FOR
THE DEPARTMENT OF PARKS AND RECREATION, IN AN
AMOUNT NOT TO EXCEED $47,266.75; ALLOCATING FUNDS
THEREFOR FROM THE FISCAL YEAR 1999-2000 PARKS AND
RECREATION DEPARTMENT OPERATING BUDGET, ACCOUNT
CODE NO. 00 1000.5 83 01.6.704.
49 October 12, 1999
6.2 ACCEPT BID: AMERICAN OVER -HEAD DOOR COMPANY, INC., FOR THE ROLLING
DOORS AT AFRICAN SQUARE PARK, FOR DEPARTMENT OF PARKS AND RECREATION,
($12,391); ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AS APPROPRIATED IN THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT
ORDINANCE NO. 11705.
RESOLUTION NO.99-746
A RESOLUTION OF THE NIIAMI CITY COMMISSION ACCEPTING
THE BID OF AMERICAN OVER -HEAD DOOR COMPANY,
INC., FOR THE FURNISHING AND INSTALLATION OF
ROLLING DOORS AT AFRICAN SQUARE PARK, FOR THE
DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT
NOT TO EXCEED $12,391; ALLOCATING FUNDS THEREFOR
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS
APPROPRIATED IN THE ANNUAL APPROPRIATIONS AND
CAPITAL IMPROVEMENT ORDINANCE NO. 11705, AS
AMENDED, PROJECT NO.331053.
6.3 AUTHORIZE MANAGER TO ACCEPT GRANT, ($104,600), FROM U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES (TITLE 3M THROUGH METROPOLITAN DADE
COUNTY TO PROVIDE CE3LD DAY CARE SERVICES TO CEM RE N FROM LOW-
INCOME FAMILIES, SAID PROGRAM ADMINISTERED BY THE PARKS AND RECREATION
RESOLUTION NO.99-747
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT,
IN THE TOTAL ESTIMATED AMOUNT OF $104,600, FROM
THE U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES (TITLE XX) THROUGH METROPOLITAN DADE
COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO
CHILDREN FROM LOW-INCOME FAMILIES, SAID PROGRAM
ADMINISTERED BY THE PARKS AND RECREATION
DEPARTMENT FOR THE PERIOD OF JULY 1, 1999 THROUGH
JUNE 30, 2000, FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY TO ACCEPT THE
GRANT AND TO IMPLEMENT THE PROGRAM.
50 October 12, 1999
6.4 -EODESIGNATE NORTHWEST 14TH AVENUE FROM NORTHWEST 3" STREET TO
NORTHWEST 7TH STREET, AS "SONNY HIRSH WAY".
RESOLUTION NO.99-748
A RESOLUTION OF THE NIIAMI CITY COMMISSION
CODESIGNATING NORTHWEST 14TH AVENUE FROM
NORTHWEST 3RD STREET TO NORTHWEST 7TH STREET,
MIANII, FLORIDA, AS "SONNY HIRSH WAY"; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICES.
6.5 AUTHORIZE MANAGER TO EXECUTE AGREEMENT, WITH AMERICAN SOCIETY OF
COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP"), FOR MUSIC LICENSING RIGHTS
AT BAYFRONT PARK AMPHITHEATER
RESOLUTION NO.99-749
A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY
COMMISSION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH AMERICAN SOCIETY OF
COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP"), FOR
MUSIC LICENSING RIGHTS AT THE BAYFRONT PARK
AMPHITHEATER
7. DEFER CONSIDERATION OF PROPOSED CODE AMENDMENT TO ESTABLISH
REGULATIONS AND REQUIRE FRANCHISES FOR COLLECTION OF
RECYCLABLE/RECOVERABLE MATERIALS —NOTE ATTORNEY GENERAL'S OPINION.
Chairman Plummer: A resolution of the EDFM Corporation, a hundred and — I'm sorry.
Ms. Lucia Dougherty: Mr. Chairman, are you entertaining a request for deferrals or continuances?
Chairman Plummer: I would assume, if it's quick.
Ms. Dougherty: Number 14, that's the recovery ordinance that was proposed by the City. We're going to
have our first meeting with the City Attorney and the administration tomorrow, so we would like that
deferred for...
Chairman Plummer: Mr. Manager, Item 14. Do you have an objection if it's deferred?
Mr. Donald Warshaw (City Manager): No problem.
Chairman Plummer: Is there a motion to defer 14?
51 October 12, 1999
Vice Chairman Gort: Move it.
Commissioner Teele: Mr. Chairman, I would move it and I would also ask, in that motion, that the City
Attorney take note of the Attorney General's opinion relating to the City of Pompano.
Chairman Plummer: Moved by Teele. Seconded by Gort. All in favor of the deferment 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.99-750
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14
(AMEND CHAPTER 22 OF THE CITY CODE, AS AMENDED,
ENTITLED "GARBAGE AND OTHER SOLID WASTE". TO
ESTABLISH REGULATIONS AND REQUIRE FRANCHISES FOR
THE COLLECTION OF RECYCLABLE/RECOVERABLE
MATERIALS) TO A FUTURE COMMISSION MEETING; FURTHER
REQUESTING THAT CITY ATTORNEY TAKE NOTICE OF
ATTORNEY GENERAL'S OPINION IN CONNECTION WITH SAID
ISSUE.
Upon being seconded by Commissioner Teele, 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
'8: TABLE . CONSIDERATION :.OF PROPOSED, APPROVAL OF CONSTRUCTION FOR
REPLACEMENT -.OF.. `SIDEWALKS.. AND ' CURBS IN .THE ' DOWNTOWN CENTRAL BUSINESS
DISTRICT. (see section'42)
Chairman Plummer: We're now on Item 2. A resolution in reference to sidewalks and curbs in Downtown
Central Business District, one million seventy-four thousand dollars ($1,074,000). Moved by Mr. Gort.
Commissioner Sanchez: Mr. Chairman, I have a question.
Chairman Plummer: Mr. Sanchez. Wait a minute. Do I have a second?
Commissioner Sanchez: I'll give you a second for discussion.
52 October 12, 1999
ChaiFinan Plummer: We have a second. Mr. Sanchez, you have the floor.
Commissioner Sanchez: My concern is, why is this an emergency item?
Mr. Jim Kay (Director, Public Works): We have to expend these funds within a year and it's a large project.
We need to get started right away.
Mr. Donald Warshaw (City Manager): I'd like to add also. On the issue of these impact fees. this is part of
what we did this year, was to look at what we have done with impact fees. We've done very little with them
for the last several years. These monies need to spent. They're for a legitimate important purpose.
Downtown Sidewalks was something the Commission identified and we want to get this money spent as
quickly as possible so we don't have to give it back. -
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I can't tell you how strongly I object to this item. Downtown, where no one lives,
continues to take preference over homeowners and neighborhoods. You know, if there were funds for
sidewalk coming, if this were a comprehensive package that included the entire city, I would not object. I
will vote, I assume, for this but I must tell you, there is more to Miami than downtown. There are areas that
need sidewalks and sidewalk improvement and there is no reason why this should bean emergency.
Mr. Kay: Commissioner?
Chairman Plummer: All right.
Commissioner Teele: Did anyone check with the County open bids to determine whether or not there have
been a competitive bid? I mean, you've got Water and Sewer; you've got Public Works; you've got a
hundred bids out there that — can anyone come up here and say that you've looked at Metro -Dade County's
open bids and determined that there is no sufficient funding based upon a competitive bid that has been
awarded that we can't piggyback on?
Mr. Kay: Sir, what we have on this project...
Chairman Plummer: For the record, your name.
Mr. Kay: Jim Kay, Public Works Director.
Commissioner Teele: Mr. Kay, respectfully, if you would answer my question, PIl be happy to hear
anything that you want to say. Has anyone checked with Dade County Public Works, Water and Sewer,
Airport, to determine whether or not there has been a competitively bid project that has dollars left on it that
we could piggy back on?
Mr. Kay: We have. We checked with Dade County Public Works. That's the only one. We didn't check
with anyone else.
Commissioner Teele: You didn't check with Water and Sewer?
53 October 12, 1999
Mr. Kay: No, sir.
Commissioner Teele: Did we check with Off -Street Parking?
Mr. Kay: No.
Commissioner Teele: Then I would. ask that this item be deferred to later this afternoon, after you check
with Off -Street Parking and after you check with Water and Sewer, to see if this has -- if they have
sufficient bid elasticity based upon a bid that has been competitively...
Chairman Plummer: All right. We'll have...
Vice Chairman Gort: Excuse me.
Chairman Plummer: ... to remove off of the floor the motion...
Vice Chairman Gort: Wait a minute. Wait a minute.
Chairman Plummer: If you get a second to the amendment to defer.
Commissioner Teele: Second.
Chairman Plummer: It was moved by Gort. Seconded by?
Vice Chairman Gort: No, I didn't move to defer. I'm sorry. I didn't.
Chairman Plummer: I understand that. But the motion on the floor by Teele...
Commissioner Teele: Is to move it to later today. Just give him a chance to...
Vice Chairman Gort: OK. I don't have any problem. When you come back, I want to make sure you
understand what type of funding you're using, what are the criteria and the guidelines for those funding, and
where -- the only place, so they can be used.
Chairman Plummer: All right.
Vice Chairman Gort: Because I think it's very important that people understand that. Impact fee and how
they use it and how they can use in different neighborhoods. OK?
Chairman Plummer: It's tabled until the afternoon.
Mr. Raul Martinez (Assistant City Manager): And, Commissioner, if -I may?
Commissioner Teele: Well, I'll get you the map of impact fees.
Bring the map of the impact fee zones.
54 October 12, 1999
9. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REOUIREMENTS FOR COMPETITIVE 'SEALED BIDS ' AND AUTHORIZE MANAGER TO
SOLICTr :INFORMAL BIDS FROM . POTENTIAL PROVIDERS. INCLUDING
PROFESSIONAL DESIGN SERVICES, AND BEWS). FOR CONSTRUCTION
1PROVEMENTS AT CITY. -HALL, 3500 PAN AMERICAN DRIVE, TO COME IN COMPLIANCE
WITH REQUIREMENTS OF AMERICAN WITH DISABILIMS ACT (ADA), ($200,000).
Chairman Plummer: All right. Item number 3 is a resolution. It's also an emergency. Construction
improvements at City Hall for two hundred thousand dollars ($200,000). Is there a motion?
Commissioner Sanchez: So moved.
Chairman Plummer: Sanchez moved. Seconded by?
Commissioner Teele: Teele.
Chairman Plummer: Teele. Is there any further discussion? Hearing none, all in favor say "aye."
Mr. Manuel Gonzalez-Goenaga: You know...
Chairman Plummer: Mr. Boom -Boom. Two minutes.
Mr. Gonzalez-Goenaga: Well, you see, Mr. Plummer, as a matter of introduction, I must state, for the
record, that maybe the most important issue of these public hearings is to be amenable to the input of the
citizens. Time and time again the citizens, and maybe a few of them, have shown more common sense than
some of the Commissioners. So, I strongly — including management. I am including well -paid
management. And 1, again, have to say, why everything here — we have spoken — you people have spoken
about against emergency ordinance over and over again, since I have been coming here for 20 years and
every time I see more emergency. ordinances. So my feeling is, in politics, think wrong and you'll be right.
And remember this proverb: "The most delicious privilege is to spend other people's money." And let me
tell you. This management are big spenders, personally, and I am — we need frugal people administering
this city. Thank you very much.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Thank you, sir. Mr. Gort.
Vice Chairman Gort: I'd like for you to explain, when you go into this competitive bid — resolution waiving
competitive bidding. Explain the difference between competitive bid and going out and get different bids.
Because I think it's important for people to understand the reason why you need to do those things. And
explain the emergency, please.
Mr. Jim Kay (Director, Public Works): On a competitive bid, formal competitive bid, the project is
advertised in the paper. All contractors that are qualified are invited to bid. On an informal bid, there is a
selection of contractors made ahead of time that are prequalified, that we know can finish the work — or
have confidence will finish the work in a timely fashion. And we have had some problems in the past with
this and these are very time -sensitive projects.
55 October 12, 1999
Chairman Plummer: Call the roll. All in favor say "aye." All right.
,
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-751
A RESOLUTION OF THE MUM CITY COMMISSION, BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A
DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
AUTHORIZING THE CITY MANAGER TO SOLICIT
INFORMAL BIDS FROM POTENTIAL PROVIDERS,
INCLUDING PROFESSIONAL DESIGN SERVICES, IF
NECESSARY, AND ACCEPTING THE LOWEST RESPONSIVE
AND RESPONSIBLE BID(S), FOR CONSTRUCTION
IMPROVEMENTS AT CITY HALL, 3500 PAN AMERICAN
DRIVE, MIAMI, FLORIDA, TO COME IN COMPLIANCE WITH
MANDATED REQUIREMENTS OF THE AMERICAN WITH
DISABILITIES ACT (ADA), IN AN AMOUNT NOT TO EXCEED
$200,000 FOR SAID PROJECT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY;
ALLOCATING FUNDS THEREFOR FROM FISCAL YEAR 1999
BUDGET SURPLUS.
(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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: Item Number 4 is a resolution eliminating Community Development Block Grants and
giving the project financing to the East Little Havana Community one million six hundred thousand. On the
last item, Number 3, the Manager wishes to state the emergency? Mr. Manager.
56 October 12, 1999
Mr. Donald Warshaw'(City Manager): I'd like to state the emergency. That the City has been sued. In
addition to that, this is an old, somewhat, historic building and that two hundred thousand dollars
($200,000) is going to go to make the building handicap -access, particularly, as it relates to restrooms.
.10. AMEND RESOLUTION NO.98-297, ADOPTED MARCH 24, 1998, BY ELIMINATING THE
SPECIFIC COMMUNITY.DEVELOPMENT:BLOCK GRANT (CDBG) FUNDED PROJECTS
AND -INCOME ACCOUNTS .TO, PROVIDE 'PROJECT::FINANCING TO THE EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT. CORPORATION -FOR .THE PROPOSED LATIN
QUARTER SPECIALTY CENTER PROJECT ($IA0,000). -
Chairman Plummer: All right. Item number four, is there a motion?
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by?
Commissioner Regalado: Second.
Chairman Plummer: By Regalado. Any discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-752
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
SECTION 2 OF RESOLUTION NO. 98-297, ADOPTED MARCH
24, 1998, BY ELIMINATING THE SPECIFIC COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDED
PROJECTS AND INCOME ACCOUNTS IDENTIFIED IN THE
AFORESAID RESOLUTION TO PROVIDE PROJECT FINANCING
TO THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION FOR THE PROPOSED LATIN QUARTER
SPECIALTY CENTER PROJECT WITH SAID FINANCING IN THE
AMOUNT OF $1,600,000 TO BE PROVIDED FROM COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECT NO. 707216.
57 October 12, 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.
11. BOB KARL re PROPOSAL FOR A CITY OF --MIAM =AQUATIC ...CLUB FOR CHILDREN TO
-SWIM.
Chairman Plummer: Mr. Bob Karl, are you present? Mr. Karl, discuss the proposal for an aquatic club?
Mr. Bob Karl: Yes, sir. Mr. Alberto Ruder, Director of Recreation, and I have been talking about this for a
number of years and we came up with the idea — and, actually, the idea came across when we developed the
Miami -Dade Metro Aquatic Club at Tamiami Park for Metro Parks. Now, back some years ago, I swam for
the City of Miami Parks and Recreations Department and I felt it would be of great interest to the City of
Miami to reintroduce this program in the form of an aquatic club for competitive swimming for the City of
Miami kids. We have the facilities, all available, they're already built, and all you have to do is introduce
the staff into the programs and Mr. Ruder and I have been discussing this and we can work out all the details
to implement the program.
Chairman Plummer: I don't anything about it. Does anybody up here have any knowledge about it?
Commissioner Regalado: Yes, I do. I have read some information and seen some details of the project and,
you know, I think -that City Parks should bring new programs. We have an extraordinary tennis program in
Shenandoah and I feel that this program will bring people — will bring, not resources, because we're not
looking for that specifically. But I think that it would enhance our parks. So, I would ask the administration
and the Parks Director, Mr. Ruder, to work and give us information.
Chairman Plummer: All right. This matter then...
Commissioner Regalado: But I will tell you, it's a very good project.
Chairman Plummer: ...by motion of Commissioner Regalado, seconded by Sanchez, will be referred to the
City Manager for further consideration.
58 October 12, 1999
12. 'EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE -FUND: "WORKFORCE
INVESTMENT ACT (WIA) -PROGRAM (FYI -99)" . APPROPRIATE FUNDS ($857.390)
CONSISTING OF A GRANT FROM 'THE.- U.S. DEPARTMENT OF LABOR, THROUGH THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
Chairman Plummer: Item number 6, an emergency ordinance. A Special Revenue Workforce Investment
Act. Appropriating funds of eight hundred fifty-seven thousand three hundred and ninety dollars
($857,390). Is there a motion?
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by...
Commissioner Regalado: Second.
Chairman Plummer: ... Regalado. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED: "WORKFORCE INVESTMENT ACT ("WIA")
PROGRAM (FY'99)' ; APPROPRIATING FUNDS FOR ITS
OPERATION IN THE ESTIMATED AMOUNT OF $857,390
CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF
LABOR, THROUGH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM; AUTHORIZING THE CITY MANAGER
TO ACCEPT SAID GRANT, AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez and seconded by Commissioner Regalado, for
adoption as an emergency measure, and dispensing with the requirement of reading same on two
separate days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
59 October 12, 1999
Whereupon the Commission on motion of Commissioner Sanchez and seconded by
Commissioner Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11842
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
13. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "REFUGEE
EMPLOYMENT AND TRAINING (RET) PROGRAM (PY'99 2000)" APPROPRIATE FUNDS
($106,170) FROM THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES THROUGH
THE OFFICE OF REFUGEE RESETTLEMENT, U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES — REQUEST REPORT ON WORKFORCE DEVELOPMENT.
Chairman Plummer: Item number 7 is also an emergency ordinance for the Refugee Employment and
Training Program, a hundred and six thousand one hundred and seventy dollars ($106,170). Is there a
motion?
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Read the ordinance. Justify the ordinance.
Commissioner Teele: Emergency.
Ms. Gwendolyn Warren (Director, Community Development): The emergency is as a result of our contract
negotiations and the award date.
Chairman Plummer: Call the roll.
60 October 12, 1999
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED.: "REFUGEE EMPLOYMENT AND TRAINING ("RET")
PROGRAM (FY'99-2000)' ; APPROPRIATING FUNDS FOR ITS
OPERATION IN THE ESTIMATED AMOUNT OF $106,170 FROM
THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
THROUGH THE OFFICE OF REFUGEE RESETTLEMENT, U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT,
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez and seconded by Vice Chairman Gort, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Vice
Chairman Gort, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11843
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public
Chairman Plummer: Item 8, an emergency ordinance.
61 October 12, 1999
Commissioner Teele: Mr. Chairman?
Ms. Gwendolyn Warren (Director, Community Development): Mr. Chairman, for the record...
Chairman Plummer: Mr. Teele.
Commissioner Teele: When are we going to get a report on the progress of the workforce and the
accomplishments or shortcomings of the Workforce Development efforts for the last year?
Chairman Plummer: Mr. Manager?
Commissioner Teele: The fiscal year ended and, you know, we had a great amount of fan fair with the
contract. Can we get a full report...
Mr. Donald Warshaw (City Manager): Sure.
Commissioner Teele: ... and a full briefmg at some point,...
Mr. Warshaw: Yes, sir.
Commissioner Teele: ...please? Thank you.
Chairman Plummer: All right. Item 8 is an emergency ordinance...
Ms. Gwendolyn Warren (Director, Community Development): Mr. Chair?
Chairman Plummer: ... also. Towing of motor vehicles. What?
Commissioner Teele: Seven. The refugee.
Chairman Plummer: What's the problem?
Ms. Warren: There's no problem. Just wanted to — for the record, just acknowledge the fact that it was
based on a lot of the work that you did, as our representative, on the coalition resulted in our receiving the
eight hundred thousand dollars ($800,000).
Chairman Plummer: Thank you.
Ms. Warren: And thank you very much for everything.
Commissioner Sanchez: Mr. Chairman?
Commissioner Teele: Number 7 is the next one, J.L.
Chairman Plummer: Huh?
Commissioner Teele: We didn't do number seven.
Vice Chairman Gort: We have to vote on it.
62 October 12, 1999
Chairman Plummer: Yes, we — oh, we didn't vote on it?
Mr. Walter Foeman (City Clerk): That was seven.
Commissioner Sanchez: Yeah, we did.
Commissioner Teele: I'm sorry.
Chairman Plummer: We've already voted on it, yeah.
14. COST . ' FACTORS ' TO BE IDENI-IED:.:; ON CABLE'--; TELEVISION . SCREEN . DURING
DISCUSSION OF ITEMS.
Commissioner Sanchez: Mr. Chairman, if I may address the City Manager...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: ...on — I was home a couple of days ago watching Channel 9, where, it shows you
all of the items that are coming forth and one thing that — I had some guests over — was, they don't have
prices. It tells you exactly what it's going to do but it doesn't have the numbers of what it's costing the City.
So, I think that, you know, people at home have the right to know exactly what is on this exact agenda, as to
pricing of what's going to cost the taxpayers. How much money? So, in other words, how would I either
make a motion to implement the pricing of all the items to be displayed on Channel 9, so people know
exactly -- like Item 7, it's going to cost the tax...
Chairman Plummer: Cost factors.
Commissioner Sanchez: The cost factors on it. So, I make a motion that the cost factor be implemented on
each item...
Chairman Plummer: Seconded by Gort. All in favor say "aye."
Commissioner Sanchez: ...on Channel 9.
Chairman Plummer: All in favor say "aye." Opposed? Show one person...
The Commission (Collectively): Aye.
Commissioner Teele: No, I'm not going to vote no. But I tell you, it's...
Chairman Plummer: ... was shaking his head. OK?
Commissioner Teele: It's going to raise a lot of questions more than answers.
63 October 12, 1999
The -following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-753
A MOTION DIRECTING THE ADMINISTRATION TO INCLUDE
CERTAIN COST FACTORS FOR PUBLIC DISPLAY ON
GOVERNMENTAL ACCESS CHANNEL 9, AS IT PERTAINS TO
PROCUREMENT ISSUES THAT ARE SEEN AND IDENTIFIED FOR
PUBLIC VIEWERSHIP ON SAID CHANNEL.
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.
15. FIRST READING ORDINANCE CODE: AMEND SECTIONS 42-102 THROUGH 42-104
"TOWING OF MOTOR VEHICLES"; TO PROVIDE 'DEFINITIONS AND ESTABLISH
REGULATIONS, PROCEDURES AND PENALTIES FOR THE IMMOBILIZATION OF
VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION OR AUTHORITY;
BY RENAMING TO "TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," BOOTING
Chairman Plummer: Eight. Item 8, emergency ordinance. Towing of motor vehicles. This is the booting
ordinance. Is there a motion?
Vice Chairman Gort: I moved it last time.
Chairman Plummer: Moved by Commissioner Gort. Seconded by Commissioner Teele.
Commissioner Teele: Question.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Question.
Chairman Plummer: This is Item 8, the booting ordinance. Did all of you receive, by the way, a copy of the
ordinance from Chicago, the City of Chicago? The City of Chicago just passed an ordinance eliminating
booting because of all the problems that it caused. Mr. Manager, I forwarded a copy to you. They had
booting for a year and they eliminated the booting ordinance in Chicago. I just thought it would be of
interest to all of you.
64 October 12, 1999
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Could the management explain exactly what this ordinance is doing?
Chairman Plummer: Mr. Manager?
Commissioner Teele: I thought we. passed this on first reading. Did we defer it totally?
Ms. Maria Chiaro (Assistant City Attorney): We deferred it. We did not pass it on first reading. And, in
fact, it's on your agenda as an emergency. It does -not need to be an emergency at this time. We had
scheduled it for an emergency because there was thought, initially, that it had to be passed by a certain date.
The County amended their ordinance so. that we now have the ability to pass this ordinance as we wish. to
pass it. Have these prices in effect.
Commissioner Teele: On first reading?
Ms. Chiaro: On first reading.
Commissioner Teele: Mr. Chairman, I would change my motion to first reading.
Chairman Plummer: All right. You're, then, making this as not an emergency but first reading...
Commissioner Teele: We don't need anything that's an emergency,
if we can avoid it.
Chairman Plummer: Is it seconded? Seconded by Gort. Is it acceptable to you?
Vice Chairman Gort: According to — if you recall, we had a lot of discussion on how much it was going to
be paid and how much the City was going to receive. As long as we maintain the same, which it was — I
think it was 65/25 for the City or 20 for the City...
Mr. Donald Warshaw (City Manager): It was 35, 25 and 10. I think the reason we brought it back as an
emergency is because we didn't 'do this in accordance with the state law. We would be bound by the
County. But I understand now, the County has made a change. So, the first reading is not a problem.
Commissioner Teele: All right.
Ms. Chiaro: But it is — the numbers that are in the ordinance before you today are 25, ten dollars ($10)
administration fee...
Vice Chairman Gort: No, that was not...
Ms. Chiaro: ... and thirty-five dollar ($35) fee.
Vice Chairman Gort: That was not the motion that I made at that time. The motion that I made at that time
was sixty-five dollars ($65) and I think we all agreed because the City was going to be able to receive
twenty dollars ($20).
65 October 12, 1999
Chairman Plummer: I thought it was thirty-three.
Commissioner Teele: I would so move it, as Commissioner Gort has recommended. It's coming for first
reading. It'll come back, if we need to work it out.
Commissioner Sanchez: So second.
Commissioner Teele: Let's work it out between first and second reading, if there's an issue.
Chairman Plummer: OK. Officer Moe, do you have a copy of the Chicago ordinance rescinding the
booting ordinance in the City of Chicago?
Major Joseph Longueira: No, Commissioner.
Chairman Plummer: You're not Officer Moe. Now, I'd you'd like to be an officer instead of a Sergeant, just
keep on. You can be replaced. Officer Moe.
Officer Moe: I was just provided that.
Chairman Plummer: You have that?
Officer Moe: Yes.
Chairman Plummer: Would you please make sure, before you come back here in the second reading, that
you come back fully prepared to speak of why the City of Chicago has eliminated booting? OK?
Officer Moe: Yes.
Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I want to just put on the record, I received a number of calls from the
industry that said that I requested information from them and it was very voluminous. They would have to
go back. I requested information but I requested it from the management and I would hope that the
management would not pass on requirements or requests that are coming from the Commission and place
the burden on the industry. If we don't have the records in intelligent information -or detail, then, I would
hope that you come back and report it to us, but rather than go into the industry and asking the industry to
start going through — separating private hawls from County hawls, from Hialeah halls, from tows — I should
be using the word, as opposed to hawl, etcetera. You know, we have one entity. That's the City. And all of
our tows are city tows. These industries — most of those companies probably are towing for the highway
patrol; they're towing for various cities; they're towing for the County, and I think it's an undue burden to ask
people to do what essentially should be done by us. If we don't have the records, then, come back to us and
say we don't have the records and let us make that decision. But, please — and — I mean, this is not directed
at you, Officer Moe, who has an outstanding reputation within the industry. But it's directed really at the
management in all departments. We need to stop putting burdens on the private sector. And if we have a
shortfall in our record keeping, then, that's the kind of thing that — we've got a brilliant Finance Director
66 October 12, 1999
over there. They can sit down with us and develop a special system to be able to retrieve that information. I
mean, we have a tremendous data processing network and, you know people that can recover that kind of
information. And, Mr. Manager, I just would like to know, specifically, do we have that information within
our system and is that something that we can recover within our system?
Mr. Warshaw: Commissioner, the answer is yes. But, at the same time, as a matter of policy, we often go to
the private sector to do research in terns of what...
Commissioner Teele: Then why you're going to say Commissioner Teele said do it? 1 mean, see...
Mr. Warshaw: I don't think we did that.
Commissioner Teele: I hear what's you're, Mr. Manager.
Mr. Warshaw: I don't know that anyone's done that.
Commissioner Teele: And I did — no, no. I had, at least, four different companies to call me and I told
them, I wanted the information. I do want the information. And I don't — I don't back up from that. But the
fact of the matter is, we need to have the information internally. I hope we're not relying on the industry to
tell us what the numbers are. I mean, I really do. And I still want to know, do we have the information, is it
available now, as to how much each company did over the last year for towing?
Officer Moe: For those specific statistics, you'd have to...
Chairman Plummer: The speaker is Officer Moe.
Officer Moe: You'd have to rely on the invoices that the industry has because this is money that the public
has paid them. We track statistics on, you know, what they've paid us, the towing companies, but their
actual income...
Commissioner Teele: They don't pay us a percentage?
Chairman Plummer: Yes.
Officer Moe: We receive just the administration fee. That's what.we track. But money that the public has
paid the actual towing companies for their car being towed, storage, administration fee, that the public has
paid them, we would have to go to them to obtain that information.
Commissioner Teele: Let me ask you this a different way because what you just said is very enlightening.
Is our administrative fee based upon a percentage or is it based upon a flat rate?
Officer Moe: Flat fee, per vehicle.
Vice Chairman Gort: Flat rate.
Commissioner Teele: Then why don't we translate the flat rate into a percentage? We know what number
we want. What's that, twenty dollars ($20)? What's our administrative fee?
Officer Moe: That's what it is currently, twenty.
67 October 12, 1999
Commissioner Teele: So, we know what it is, twenty dollars ($20), but if you're telling us there may be
situations where the tow is more or the storage or something is more, why don't we adjust our fee to a
percentage as opposed to a flat rate?
Chairman Plummer: Well, why not make...
Commissioner Teele: I mean, I'm. not smart in math. Where's that brilliant young man with the horn
rimmed glasses, that looks like he ought to be on his way to Harvard Business School?
Chairman Plummer: Make it no less than twenty percentage above.
Commissioner Teele: A percentage.
Chief William O'Brien: Chief O'Brien.
Chairman Plummer: Do both.
Chief O'Brien: Basically, our administrative costs don't go up, if they store it for extra days. Our
administrative costs are constant.
Commissioner Teele: I mean, suppose — I mean, Officer Moe is right. Suppose somebody leaves the car
there for two weeks? The tow company...
Chairman Plummer: The City Attorney wishes to inject.
Mr. Warshaw: The fee is still a flat fee. I understand what you're saying. But our costs don't go up.
Ms. Chiaro: And our fee, based on the .law, is set as an administrative fee. So, we can only charge that
which our administrative fee is and, as the officers told you, our administrative fee doesn't go up.
Commissioner Teele: You know what? I beg to differ with you, not on the law but on the facts. If you
calculate the cost of moving the parking underneath I-95 in Overtown, which they say they don't have the
money for, which is parking, if you take that number and put it in there, you can justify a substantially
higher fee.
Ms. Chiaro: That may be true, Commissioner. However, our administrative...
Commissioner Teele: Well, I would ask that the management and the Attorney look at that because the fact
is, the law is, you can only charge the cost, but the cost is what it is that is associated with running the
program. The reason that Chief O'Brien has consistently given me, for not moving the parking garage
underneath I-95 — I mean, the tow area is because of the cost. If you take that as one program and calculate
the costs, you'll be able to fund that move out of that. So, I still say we ought to look at.that as an option and
it's just something to calculate and come back to us and let us know. Do we have — did we get the
information as to how much everybody paid us last year that was required and requested to be available to
us this year? Can you tell us how much administrative fees everybody paid us last year? All of — how
many companies do we have, nine, eight?
Officer Moe: Ten total companies.
Commissioner Teele: Can we get the amount of administrative fees that each company paid us, please?
68 October 12, 1999
i
Officer Moe: Yes, I can handle that for you.
Commissioner Teele: Before we adjourn today?
Officer Moe: Yes.
Commissioner Teele: Thank you.
Mr. Warshaw: That will be today. Yes.
Ms. Lauraine Lichtman: Commissioner Teele?
Chairman Plummer: Item Number 8.
Commissioner Teele: Mr. Chairman, someone wanted to be heard.
Chairman Plummer: All right.
Ms. Lauraine Lichtman: My name is Lauraine Lichtman. I'm the owner of Mid -Town Towing and upon
which you asked, we — I have a computer at my office, which this is a computer print-out- since we started
the City of Miami contract. It says how much I collected, with all the invoice numbers for each tow, which
one was CD'd. The problem we had in the month of December and November, when the contract started,
we didn't have it on the computer. I think Officer Moe has been to my office. I have a set of books in my
office — I have a set of books in my office that matches the computer because anybody can make a computer
do what it wants to do. So, I have an invoice with the whole history of the car from the first tow we did
from the City. On top of that, on the surcharges that — I don't exactly how it's going — I pulled a copy on
every car I released and every surcharge I charged. So, I can pay that to the City.
Commissioner Teele: That's the parking surcharge?
Ms. Lichtman:' The parking surcharge. Even though Pm an impound, you know, for the Police Department.
And I also have a copy of all my checks to the administrative bill and I also have a copy...
Commissioner.Teele: Ms. Lichtman, did you call me on this matter?
Ms. Lichtman: No. I called to invite any Commissioner that would like to come to my office to see how we
do things. And I also have a copy of the last three years of all the expenses that cost me, as having a towing
company, like in gasoline, repairs, whatever, to balance out. But there is — I feel like an honor — this is an
honor system. There should be no reason why we cannot produce you with the information you need. I
have it right here. All I did is added all the tows and the amount, times 20, subtracted that, and came up
with a bottom figure for what was asked of me to produce.
Chairman Plummer: All right. Sir, you wish to speak?
Mr. Jeffrey Saragosey: Just briefly. Thank you.
Chairman Plummer: If you would, for the record, your name and mailing address, please.
Mr. Saragosey: Jeffrey Saragosey, 1674 Bay Road, Miami Beach. I'm an activist. I spoke here before.
69 October 12, 1999
have — I wanted to make a big speech, but not that it was going to be that long. First of all, as far as the fee,
as opposed to the compensation to the City, the United States Federal Court and also State Circuit Court
upheld the twenty-five dollar ($25) booting release fee. And as far as the information of what it details, it
can be extrapolated. But, basically, what I'm getting at is, first of all, I don't think that the public -at -large
would be — have to compensate the booting company for questionable practices that they are responsible
for, and it's happening across the country. What's happened here is, we've had a number of complaints and
they've been filed and so on, but the thing is that trying to convolute what the City is willing to take as an
administration fee, as opposed to what should really be the booting fee is just making this a little bit more
convoluted. I don't think that the booting fees really been established appropriately. I would like to see it
outlawed. I mean, Chicago did but New York and Miami Beach and Broward and so on got twenty-five
dollar ($25) fees. That's, I guess, is going to be up to you people to decide. The thing is, 1 don't think the
public should bear that burden. Thank you.
Chairman Plummer: Thank you, sir. Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Well, you are well -aware, through the years, that I am the expert in
towing. Because, unfortunately, I did not bring today all my towing fees that have never been recovered. I
am stupid enough not to have filed a lawsuit against the City of Miami. So, to help the City, because 1 had
more than reason to. Anyway, remember, you have — we heard the industry — actually, this is the issue of
the towing — it's actually for private property. You have to be very careful, very explicit, in order to avoid
possible lawsuits. And let me tell you. I am more concerned than ever coming here as a citizen. When I
see the Van Van and so many people go to protest or go inside...
Chairman Plummer: Can we speak to the issue?
Mr. Gonzalez-Goenaga: ...and so very few people come here, we deserve everything that we have, the
citizens of Miami.
Chairman Plummer: Can we speak to the issue? Thank you. Boom -Boom changed over to Bon -Bon. God
help us all. Sir, your name and mailing address, please?
Stanley Mykytra: Stanley Mykytra, Stan's Towing Service 3075 Southwest 28 Street. On the reference of
the booting, this City of Miami Commission has capped the towing services for an excess of five years at
sixty-five dollars ($65), of which fifteen dollars ($15) goes to the City, not the eighty-eight dollars ($88) that
has been passed around by the County fee. In response to Commissioner Teele, many years I've been
towing for the City of Miami and I have always said in my administrative charge, which is not a problem —
but the City of Miami Police Department, City Commission and NET has been having the rotation towing
companies remove junk vehicles, which they have a separate contract out for, but we have been delegated to
be moving these vehicles, of which are going to the junk yard every year. I tow approximately 30 to 40
vehicles a month to the junk yards, of which we are not paid.
Commissioner Teele: What?
Mr. Mykytra: Yes, sir.
Commissioner Sanchez: Are you allowed to sell the cars?
Mr. Mykytra: At less than a penny a pound, which we come up with maybe thirty to forty dollars a vehicle,
which, in no way, recompenses us because we're required to hold these vehicles over 35 days.
70 October 12, 1999
Commissioner Teele: But excuse me, if I may? Mr. Chairman, I ask the Manager, is that possible? And.
Madam Attorney, isn't there a state law that prohibits requiring someone to do something without proper
compensation?
Ms. Maria Chiaro (Assistant City Attorney): I'm not sure, specifically, to what you're referring. I will check
in regards to towing.
Commissioner Teele: There's a state law that says, local governments may not require a business or an
entity to do service or to receive a benefit without just and adequate compensation. You're not familiar with
that, at all?
Ms. Chiaro: No, sir.
Vice Chairman Gort: My understanding, we don't require. They volunteer it.
Commissioner Teele: Oh, they volunteer? That doesn't sound like a volunteer to me. I wasn't in -the
Marines but...
Chairman Plummer: All right. Anything else you want to say, sir?
Mr. Mykytra: No. That's fine for now, sir. Thank you.
Chairman Plummer: Thank you. Anybody else wish to speak to the issue?
Ms. Lichtman: Just the fact on the junk cars, I do about 70 to 80 in my area and we are required, by state
"law, to get a Certificate of Destruction, which we have to take to the tag agency, which cost us twenty
dollars ($20) to get in order to dispose of the car to a junk person.
Chairman Plummer: The gentleman behind you. You wish to speak, sir?
Mr. Rafael Andrade: Yes, sir. Name is Rafael Andrade, 420 Lincoln Road, Miami Beach, Florida 33139.
I'm a principal of the booting industry and I'd like to begin by thanking the Commission for basically taking
the time to consider this ordinance. I arrived a little late but I understand that issues have been raised over
what's happened in Chicago. I'd like to address that by beginning that, pursuant to State Statutes, the State
of Florida recognizes booting as a lawful entity, as a lawful industry. And I don't believe that it's the City
Commission's place to entertain whether or not it can be abolished. Furthermore...
Chairman Plummer: You know, you better be careful of what you're saying, sir, because I don't think you
know what you're saying. You just killed yourself. If that's what trying to do, congratulations.
Mr. Andrade: No. No, I'm not trying to do that. Basically, the point is, is that...
Chairman Plummer: Well, you just did it.
Mr. Andrade: OK. Well, the City of Chicago, my understanding is, a preliminary injunction was granted to
the boot companies. They filed in for an injunction and it was granted to them. They found that it was
unlawful for the city to outlaw booting in itself. I believe that the tow industry today is using this as a
platform to try and obtain a raise of their fees and I think we have to keep in mind that this is a booting
ordinance. It's not a towing ordinance. And if they feel that their fee should be raised, they should come in
here and justify it with figures, as we have. You don't just come in and ask for a raise without justifying
71 October 12, 1999
what the costs are and we have done that. So, I would appreciate if you consider the ordinance with the
recommendation that was before us last time.
Chairman Plummer: Thank you, sir.
Mr. Andrade: Thank you.
Chairman Plummer: And if I may, let me just read into the record so it's not my text but that of a Chicago
Alderman Gene Schuller. And I'll read into the record his recommendation. "The illegal immobilization of
vehicles is simply nonsense, Schuller said. New York had a recent problem with this very same thing and
I'm not going to allow these pirates to unlawfully set up shop in the City of Chicago." That's not my
terminology. That's what was sent to me, sir. And, supposedly — OK. It has been requested that this be
passed on the first reading and all kinds of amendments could be made thereafter. Read the ordinance on
first reading.
Ms. Chiaro: As a point of clarification, the amendments include the fee...
Chairman Plummer: No. It's no longer an emergency. It has to be on first reading.
Ms. Chiaro: As a point of clarification, the amendments include the fee to be a maximum of Sixty-five
dollars ($65)/fifty-five dollars ($55) charge, ten dollars ($10) administrative fee.
Chairman Plummer: OK. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE NIIAMI CITY COMMISSION
AMENDING 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 THE IMMOBILIZATION OF VEHICLES PARKED ON
PRIVATE PROPERTY WITHOUT PERMISSION OR AUTHORITY;
MORE PARTICULARLY -BY RENAMING ARTICLE IV TO
"TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," BY
DIVIDING SAID ARTICLE INTO DIVISIONS 1, 2 AND 3, BY
AMENDING SECTIONS 42-102 THROUGH 42-104, AND BY
ADDING NEW SECTIONS 42-116 TO 42-118 TO SAID CODE;
PROVIDING FOR A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
72 October 12, 199P
was -introduced by Commissioner Teele, seconded by Vice Chairman Gort, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Chairman J.L. Plummer, Jr.
ABSENT: Commissioner Tomas Regalado
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: Next item. Item 9. And, Officer Moe, you will bring back a report on Chicago and on
New York?
Officer Moe: Yes.
16. _DEFER CONSIDERATION;'OF,:PROP.OSED.-.CODE,-AMENDMENT.'TO 'ALLOW CURRENT
SIGHTSEEING°BOAT:DOCKAGE,'AGREEMENT�HOLDERS-:WHO°°:OPERATE:INSIDE THE BASIN
OF NUAMARINA TO 0PERATE.A SECOND-SIGHTS.EEING BOAT.
Chairman Plummer: Thank you, sir. Item 9. Mr. Dudik approached me prior to this meeting asking for a
deferment because of something he'd only been given to this morning. Is it still your request to defer?
Mr. Michael Dudik: If we can settle it on behalf of the Commission, I would like to defer it so we could
have meetings with the City and Bayside in private. But I wuld like to go and see if the Commission...
Chairman Plummer: Mr. Gort moves to defer. Is there a second?
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: It's deferred until the next meeting on the 26th.
73 October 12, 1999
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.99-754
A motion to defer consideration of agenda item 9 (Proposed Amendment
of Chapter 50/Article V/Division 3 of the Code of the City of Miami, as
amended, entitled "Ships, Vessels, and Waterways/City Marinas/
Commercial Vessels'; to allow current sightseeing boat dockage
agreement holders operating inside the basin of Miamarina to operate a
second sightseeing boat under certain conditions, et cetera), to the City
Commission meeting presently scheduled for October 26, 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
17. SECOND READING ORDINANCE: AMEND CODE, KPERSONNEL/CIVIL SERVICE RULES
AND REGULATIONS," TO COMPLY WITH THE "MAY 4, 4999 COURT ORDER ISSUED BY
THE UNTIED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
RELATIVE TO THE 1977 CONSENT DECREE. BY AMENDING THE CITY OF NIIANH CIVIL
SERVICE RULES AND REGULATIONS AS THEY PERTAIN TO THE MANNER OF
CERTIFICATION OF ELIGIBLE INDIVIDUALS FOR PERSONNEL APPOINTMENT
(DELETE SECTION 40-88(e)1.
Chairman Plummer: All right. Item 10. Item 10 is personnel, Civil Service Rules. Moved by Gort.
Seconded by Teele.
Vice Chairman Gort: Second reading.
Chairman Plummer: This is second reading. Read the ordinance. Call the roll.
74 October 12, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 40/ARTICLE III, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS", TO
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.
Passed on its first reading, by title, at the meeting of September 21, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Vice Chairman Gort, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and
was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11844
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.
18. TABLE CONSIDERA` ][ON: OF PROPOSED, INCREASE OF SOLID WASTE -FEE. (see section
."3)
Chairman Plummer: We're now on Item 11. Item 11 is the Solid Waste Fee from 216 to 234. Moved -by
Sanchez. Seconded by Teele. This is second reading.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Is there an amendment? Do you all have an amendment?
75 October 12, 1999
Ms. Maria Chiaro (Assistant City Attorney): No, sir, we do not have an amendment. Those amendments
were to be made on the floor with the fees. We were not clear on what — whether the amendments were for
all of the years or for the one year, as they were made on first reading.
Commissioner Teele: Well, that's the issue. The amendment is to make it, as we voted on it, for the full
four years. We debated it; we discussed it, and there's no reason to make this thing a painful process every
year. And — I mean, a part of what I talked to the City Attorney about in length is, if we spent the better part
of 45 minutes debating it and discussing it, we have an ordinance for the out -years; we have an ordinance
that basically is for one-year, which means, next year we've got to go through this same ordinance and that
doesn't make sense. We've agreed on it and let's just go ahead and put it into effect for the full five years.
based upon whatever Commissioner Gort read into the record. As I recall, it was about — what was it,
twenty-five dollars ($25) a year after the first year? Ms. Henry, do you all have that information?
Ms. Bertha Henry (Assistant City Manager): I don't have it.
Commissioner Teele: Then, I would ask that we...
Vice Chairman Gort: If you all recall, the difference was that we were looking at eighty-six thousand
dollars ($86,000) would have made the difference and we tabled it instead of doing it all in one year, then,
40 next all across come out maybe about 20.
Commissioner Teele: Twenty-eight dollars ($28) or thirty-two dollars ($32). I would ask to defer this item
until later on this afternoon. Get with the Clerk's Office.
Chairman Plummer: Motion deferred.
Commissioner Teele: For later today.
Chairman Plummer: All right.
Note for the Record: Item I I was tabled until the aftemoon session.
19. FIRST READING ORDINANCE: ACCEPT GRANT FROM NIIANII-DADE CULTURAL
AFFAIRS COUNCIL FOR MANUEL ARTIME PERFORMING ARTS CENTER, AND
ESTABLISH NEW SPECIAL REVENUE FUND: `°ARTIME CENTER UVIPROVEMENTS" AND
APPROPRIATE FUNDS $145 000 .
Chairman Plummer: All right. Item 12. A Special Revenue for the Artime Center improvements of a
hundred and forty-five thousand dollars ($145,000). First reading. First ordinance.
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Read the ordinance. All right. Motion
understood? Call the roll.
76 October 12, 1999
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ACCEPTING A GRANT FROM THE MIAMI-DADE CULTURAL
AFFAIRS COUNCIL FOR THE MANUEL ARTIME PERFORMING
ARTS CENTER, AND ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "ARTIME CENTER
IMPROVEMENTS" AND APPROPRIATING FUNDS FOR SAID
PROJECT IN THE AMOUNT OF $145,000, AS REFLECTED IN A
GRANT AWARD AGREEMENT OFFERED TO THE MANUEL
ARTIME PERFORMING ARTS CENTER BY THE MIAMI-DADE
CULTURAL AFFAIRS COUNCIL; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez, seconded by Vice Chairman Gort, and was passed on
first reading, by title only, 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
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Chairman Plummer: Item 13 was withdrawn by the Manager. Item 14, Garbage and other Solid Waste.
Moved by...
Mr. Donald Warshaw (City Manager): It was deferred.
Chairman Plummer: Fourteen was deferred.
77 October 12, 1999
20. f'IRST READING ORDINANCE: AMEND CODE, SECTION 2-892 AND SECTIONS 22-170
THROUGH .22-474 "ADNIINISTRATIONBOARDS, CONIlVITI PEES, COM HSSIONS," AND
"GARBAGE AND OTHER _ SOLID ' WASTE" TO CREATE THE COMMERCIAL SOLID
WASTE MANAGEMENT ADVISORY COIVIIV =Er
Chairman Plummer: Fifteen. Garbage and other Solid Waste.
Mr. Donald Warshaw (City Manager): This is the committee.
Vice Chairman Gort: Advisory committee to be created.
Chairman Plummer: All right. Is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez.
Commissioner Sanchez: That is a committee that's in place right now?
Chairman Plummer: That's a committee to be put into place. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI FO THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS", AND CHAPTER 22, ENTITLED "GARBAGE AND
OTHER SOLID WASTE" TO CREATE THE COMMERCIAL SOLID
WASTE MANAGEMENT ADVISORY COMMITTEE, SET FORTH
SAID COMMITTEE'S FUNCTION AND REQUIREMENTS FOR
MEMBERSHIP, PROVIDE FOR TERMS OF OFFICE, FILLING OF
VACANCIES, OFFICERS, RULES OF PROCEDURE, MEETINGS,
QUORUMS, AND ATTENDANCE REQUIREMENTS,
ASSIGNMENT OF STAFF, FILING OF OFFICIAL RECORDS AND
THE ANNUAL REPORT, AND TO PROVIDE FOR THE "SUNSET"
REVIEW OF SAID COMMITTEE EVERY FOUR YEARS; MORE
PARTICULARLY BY AMENDING SECTION 2-892 AND BY
ADDING NEW ARTICLE VII TO CHAPTER 22 OF SAID CODE,
CONSISTING OF SECTIONS 22-170 THROUGH 22-174;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
78 October 12, 1999
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
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.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: On second reading, I would like an amendment that has certain prohibited activities
and I want it spelled out in the ordinance as to what the anti-trust prohibitions are, so that there can be no
confusion, that we don't drift into something that we shouldn't be discussing. And I would also ask that
there be U.S. Attorney General's opinions and cases made available at second reading so that the
Commission can be fully abreast as to the problems that this industry has had in the past, so that the
Chairman or the members don't allow themselves to drift into conversations or discussions that are
inappropriate, please.
Chairman Plummer: All right.
21. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY AND
APPROVE PROVISION AND INSTALLATION OF TWO AIR-CONDITIONING UNITS AT
THE ALLAPATTAH ELDERLY CENTER, FROM EAGLE A/C OF MAIVII, FOR THE OFFICE
OF ASSET MANAGEMENT $9 8.78 - ALLOCATE FUNDS.
Chairman Plummer: Item 16 is a resolution, which is an emergency for two air conditioning units at the
elderly center in Allapattah. Moved by Gort. Seconded by Sanchez.
Vice Chairman Gort: Please, explain the emergency.
Chairman Plummer: It's for —justify the emergency.
Mr. Donald Warshaw (City Manager): The health, safety and welfare of senior citizens and it was...
Chairman Plummer: Call the roll.
79 October 12, 1999
The -following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-755
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
PROVISION AND INSTALLATION OF TWO AIR-
CONDITIONING UNITS AT THE ALLAPATTAH ELDERLY
CENTER, FROM EAGLE A/C OF MIAMI, FOR THE OFFICE OF
ASSET MANAGEMENT, IN AN AMOUNT NOT TO EXCEED
$9,948.78; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 810101.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
22. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVE PURCHASE AND
INSTALLATION OF AN AIR-CONDITIONING UNIT FOR THE MICROFILM SECTION OF
THE BUILDING AND ZONING DEPARTMENT FROM, . PRIME ELECTRICAL
CONTRACTORS, INC., TEMPTROL AIR CONDITIONING, INC. AND JOHNSON
CONTROLS- ($9,500) - ALLOCATING FUNDS.
Chairman Plummer: Item 17 is the two air conditioning units, a microfilm section of the Building and
Zoning Department for ninety-five hundred dollars ($9,500). Moved by Gort. Seconded by Sanchez. Mr.
Boom -Boom, what do you need?
Mr. Manuel Gonzalez-Goenaga: No. Clarification.
Chairman Plummer: All right, sir.
Mr. Gonzalez-Goenaga: I presume that these are central air conditioner, not individual units. Because if
they are individual units, to pay ten thousand dollars ($10,000) for...
Chairman Plummer: Mr. Manager?
80 October 12, 1999
Mr. Gonzalez-Goenaga: ...two units, it's...
Chairman Plummer: Are they window units or central air?
Mr. Frank Rollason (Director, Building and Zoning Department): Central air.
Chairman Plummer: Central air.
Mr. Gonzalez-Goenaga: Central air. All right. Thank you very much.
Chairman Plummer: All right. Call the roll.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want the Purchasing Director.
Chairman Plummer: I'm sorry?
Commissioner Teele: Purchasing Director.
Chairman Plummer: Purchasing Director is not present.
Mr. Donald Warshaw (City Manager): We'll get her. Give us one second.
Chairman Plummer: For the record, your name, please.
Ms. Judy Carter: Judy Carter, Purchasing Director.
Chairman Plummer: All right. Mr. Teele, you have the floor.
Commissioner Teele: Ms. Carter?
Ms. Carter:, Yes, sir.
Commissioner Teele: Are you telling this Commission that these items that we're purchasing on an
emergency are not available on any bid lists of the State of Florida?
Ms. Carter: With regard to which item?
Commissioner Teele: We're talking about air conditioners...
Vice Chairman Gort: The AC (Air Conditioner).
Chairman. -Plummer: Two air conditioners. Items 16 and 17.
Ms. Carter: Not for the furnishing and instillation of the units. These units included the installation?
81 - October 12, 1999
Mr. Warshaw: Yes.
-.
Ms. Carter: OK.
Commissioner Teele: All right. Thank you.
Chairman Plummer: All right. We are now to the item of — I've lost it — 18.
Commissioner Teele: Ms. Carter?
Mr. Walter Foeman (City Clerk): Excuse me. You have to do the roll call on 17.
Chairman Plummer: Item'8 — we didn't call the roll on 17. Call the roll on 17. It's a four/fifths vote.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-756
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 PURCHASE AND INSTALLATION OF AN
AIR-CONDITIONING UNIT FOR THE MICROFILM SECTION
OF THE BUILDING AND ZONING DEPARTMENT FROM,
PRIME ELECTRICAL CONTRACTORS, INC., TEMPTROL AIR
CONDITIONING, INC. AND JOHNSON CONTROLS, IN AN
AMOUNT NOT TO EXCEED $9,500; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT NOS. 560302.840, 560302.841 AND
560402.670, PROJECT NO. 421001.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
82 - October 12, 1999
23. -RATIFY, APPROVE, CONFIRM MANAGER'S .FINDING OF EMERGENCY, APPROVE
ACQUISITION OF FOUR (4) LAPTOP COMPUTERS UTILIZING STATE OF FLORIDA STATE
NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) FROM COMARK GOVERNMENT
AND EDUCATION "SALES. WAREFORCE INC. : AND AT&T WIRELESS SERVICE.
ALLOCATE FUNDS ($11,946A).
Chairman Plummer: Item 18, the purchase of four laptop computers for eleven thousand nine hundred and
forty-six dollars ($11,946) from Comark Government Evaluation Sales. Is there a motion?
Ms. Judy Carter (Director, Purchasing): Yes. And this is on the State of Florida contract.
Chairman Plummer: All right. Then it will be moved by...
Commissioner Teele: The point — Mr. Chairman, the point here is that — Ms. Carter and the Manager — Mr.
Manager and Ms. Carter should be commended because what they're doing is, they're buying this off of a
competitively bid, state purchasing contract as opposed to going out. The state is getting it much cheaper
than we are and passing that onto us. And, Mr. Manager, I commend you and your department for utilizing
the state bid process.
Chairman Plummer: Mr. Teele, I'll tell you, sir, that's not always true. I've gone and made purchases at a
company in the State of Florida. When the City bought it, I.bought it at the same store, at the counter for
eighty-seven dollars ($87) less than what the County's bid was, but we were told "we use the County bid"
and because of that — it was a photostat machine. The people of the public went into the store and bought it
cheaper than what the City was buying off of a contract.
Commissioner Teele: And you know what, Mr. Chairman? You're right. But let me tell you something.
That same company may be selling computers to Cuba; that same company doesn't have to fill out a
minority business certification form; that same company doesn't have to fill out the goo gobs of paperwork
that the County, the State, and local — and there's a cost to the paperwork that we put on.
Chairman Plummer: OK.
Commissioner Teele: And you could probably go to Cuba and buy that same machine that you just — well, I
wouldn't say that. I won't say that. I won't even say it.
Chairman Plummer: You're going to send me to Cuba?
Commissioner Teele: No, no, Mr. Chairman. Never, never.
Chairman Plummer: Right.
Commissioner Teele: Coconut Grove is as far as I'm sending you:
Chairman Plummer: Mr. Teele, you're out of order.
Commissioner Teele: Yes, sir, Mr. Chairman.
Chairman Plummer: All right. Let's buy the laptop computers for eleven thousand nine forty-six
83 October 12, 1999
L
twenty-eight. Moved by Teele. Seconded by Gort. It's a four/fifths resolution. Call the roll.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
{
RESOLUTION NO. 99-757
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
ACQUISITION OF FOUR (4) LAPTOP COMPUTERS UTILIZING
STATE OF FLORIDA STATE NEGOTIATED AGREEMENT PRICE
SCHEDULE (SNAPS) FROM COMARK GOVERNMENT AND
EDUCATION SALES, WAREFORCE INC. AND AT&T
WIRELESS SERVICE, ALLOCATING FUNDS TOTALING
$11,946.28, FROM ACCOUNT NUMBERS 560302.840, 560302.722,
AND 560402.840, PROJECT 421001.
(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 Tbmas Regalado
24. (A) RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY; WAIVE
REOUIREMENTS FOR COMPETITIVE SEALED BIDS, APPROVE PROCUREMENT OF 125
BRASS OXYGEN REGULATORS FOR DEPARTMENT OF F1RE-RESCUE FROM ALLIED
HEALTH CARE PRODUCTS, INC., 013,250); ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROJECT.
(B) DISCUSS SPECIFICATIONS ISSUED REGARDING TIRES FOR THE FIRE DEPARTMENT
— ANALYSIS REQUESTED OF GOODYEAR TIRES PURCHASED.
Chairman Plummer: Item 20 is to buy...
Mr. Walter Foeman (City Clerk): Nineteen.
Chairman Plummer: I'm sorry. Nineteen is to buy a 125 brass oxygen regulators for thirteen thousand two
.- hundred and fifty dollars ($13,250). For which department?
Chief Carlos Gimenez: Fire Rescue.
84 October 12, 1999
i , .
Chairman Plummer: For the Fire Department. Motion made by Sanchez. Seconded by Teele. Call the roll.
It's a.four/fifths vote.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-758
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 125 BRASS OXYGEN
REGULATORS FOR THE DEPARTMENT OF FIRE -RESCUE
FROM ALLIED HEALTH CARE PRODUCTS, INC., IN AN
AMOUNT NOT TO EXCEED $13,250; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
313304, ACCOUNT NO. 289401.6.850, FUNDED BY THE FIRE
ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, 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
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Teele: Is this for the Fire Department?
Chairman Plummer: Yes.
Chief Gimenez: Yes, sir.
Commissioner Teele: What did you all ever do on those tires? Did you all actually require those tires?
Chairman Plummer: We're still on Good Year.
Chief Gimenez: Yes, sir. We have a report that was — should have been distributed to all members of the
Commission and it was a three-year analysis of the tires that we did buy.
85 October 12, 1999
Commissioner Teele: Did we buy tires other than Good Year tires?
Chief Gimenez: Yes, sir. We bought Cooper, Good Year. Those are the two tires that we bought through
the...
Commissioner Teele: Are you saying that we don't specify Good Year tires anymore?
Chief Gimenez: Sir, we do specify a certain types of tires and the reason we...
Commissioner Teele: Of course you specify certain types. You can't run a tractor tire on a...
Chief Gimenez: No. But we also specify on certain — on occasion, the brand of the tire because...
Commissioner Teele: Or the equivalent?
Chief Gimenez: No, sir. The same tire. And there's a reason for that.
Commissioner Teele: Why? What's the reason?
Chief Gimenez: The reason is that the tire manufacturers, they recommend that the tires on the same axel be
exactly the same in order to have the proper braking and handling characteristics. The tires on our units, on
the same axel, we may have as many as four tires on one axel. It wouldn't be prudent for us to change the...
Commissioner Teele: I vote yes.
Chairman Plummer: All right.
Mr. Foeman: Chairman Plummer?
Chairman Plummer: Which item are we voting on?
Mr. Foeman: Nineteen.
Mr. Warshaw: Nineteen.
Commissioner Teele: Oxygen...
Chairman Plummer: Nineteen, on brass fitting...
Commissioner Teele: Brass oxygen...
Chairman Plummer: Right.
Commissioner Teele: ... fixtures.
Chairman Plummer: And Mr. Teele was the only vote holding it up and you now concur?
Commissioner Teele: 'Yes, sir.
Chairman Plummer: The Good Year brass -fittings are now in accord. Call the roll.
86 October 12, 1999
Mr. Foeman: Is that — did you vote on the item?
y
Chairman Plummer: Yes.
Mr. Foeman: OK.
Commissioner Teele: We all voted yes.
Chairman Plummer: Well, you had held up to ask a question.
Commissioner Teele: No. I voted yes.
Chairman Plummer: All right.
25. DISCUSS AND .- DEFER _ -CONSIDERATION'S tOF -; `EMERGENCY -PURCHASE -OF .AIR
CONDITIONERS; FURNITURE KITCHEN` CABINETS.ANDAPPIIANCES.FOR RENOVATION OF
FIRE STATIONS: See sections>63 64` and 67
Chairman Plummer: Item 20. Eight fire station kitchen cabinets for a hundred and seventy-two thousand
dollars ($172,000). Is'there a motion? Kitchen cabinets, emergency?
Commissioner Teele: Kitchen cabinets.
Chairman Plummer: They're empty.
Commissioner Teele: And this is for who?
Chief Carlos Gimenez: Department of Fire Rescue, sir.
Commissioner Teele: And this is an emergency? You know, I ain't making the motion and I'm not going to
vote yes. I'm going to be very honest with you. It's not about the kitchen cabinets but everything is being
done on an emergency basis. I mean, there's no procurement.
Chairman Plummer: No, no. Worst than that, this is ratifying. It's already been done or being done.
Chief Gimenez: Yes, sir.
Mr. Donald Warshaw (City Manager): Commissioners?
Commissioner Teele: Has it already been done?
Chairman Plummer: It's being done.
Mr. Warshaw: Commissioners, earlier in the year — this is Fire Fee money, number one. Number two. The
condition of the fire stations was deteriorating. These are old cabinets that were rotted. There were health
issues involved and you directed me early on to get these stations...
Commissioner Teele: Have you already done this?
87 October 12, 1999
Mr. Warshaw: Yes, sir.
y
Commissioner Teele: I move it.
Chairman Plummer: Is there a second?
Commissioner Teele: I mean, look, guys. We have to ratify what the Manager's doing. I mean, we pay him
to make decisions for us. I don't agree with it but I mean, it's...
Chairman Plummer: There's a motion and a second. It is a four/fifths emergency. I mean, everybody must
have kitchen cabinets immediately.
Commissioner Teele: Well, why can't this be done orr a first reading basis? We're ratifying it...
Chairman Plummer: It's a resolution. It's not an ordinance. I mean, it's crazy.
Commissioner Teele: Well, I think we ought to wait until we have the other Commissioners.
Chairman Plummer: All right. It's deferred out until the next Commission meeting...
Commissioner Teele: No, no. Until later on today.
Chairman Plummer: Next Commission meeting. Item 21, air conditioning units for Fire Station Numbers 2
and 4, sixty-seven thousand dollars ($67,000). No. I'm sorry. Seventy-five thousand dollars ($75,000).
Chief Carlos Gimenez: Also Station 8.
Chairman Plummer: And Station 8 also. This is another emergency.
Commissioner Teele: You know, I'm going to say something when we get to Greenberg, this lawyer. I
really want to know, of all of these procurements — and don't mean to strike anybody the wrong way. I'm
going to apologize. But everybody pays taxes. I want to see the demographic breakdown of who's getting
all this work. Because if some of this work isn't going to other minorities, I'm going to be very
uncomfortable. You know, this is a lot of emergency work. The Manager has broad discretion.
Chairman Plummer: The problem I've got is the ratification. That's...
Commissioner Teele: But, J.L., if he's done it, we have to ratify it.
Chairman Plummer: Yeah. But why not come to us first? We meet twice a month.
Commissioner Teele: Because it was an emergency. He did it in August.
Chairman Plummer: No. You cannot justify — excuse me — kitchen cabinets as an emergency.
Commissioner Teele: But, J.L., where people are living...
Chairman Plummer: It cannot be.
Commissioner Teele: But, J.L., listen. Those fire fighters live in those stations.
88 October 12, 1999
Chairman Plummer: Mr. Teele...
Commissioner Teele: And a kitchen cabinet...
Chairman Plummer:...I have no qualms about that. What I've got qualms about...
Commissioner Teele: I don't know how long you've been married on this thing, but let me tell you
something, J.L. When a wife or a person that is responsible for a kitchen cabinet...
Chairman Plummer: Yeah.
Commissioner Teele: ... says', "I need a kitchen cabinet"
Vice Chairman Gort: You get it.
Commissioner Teele: ...it's an emergency.
Chairman Plummer: You're not listening to me. What I'm saying to you is, buy the kitchen cabinets. But
you don't need it on an emergency, where it should come before this Commission first. And that's what I'm
saying. It's not going to competitive bidding. You don't know that you've got the best price. And all of that
is what I'm saying is wrong.
Commissioner Teele: I agree with you. But the principle is this. The Manager does it and once he does it,
we have to have confidence in the Manager or we don't have confidence. And the fact of the matter is, this
is not raising to the issue that we can't support the Manager's decision on it.
Chairman Plummer: OK. I know how to slow him down.
Chief Gimenez: If I could clarify one thing?
Chairman Plummer: No. Is there a motion?
Commissioner Teele: But, J.L., you've got to have five — four votes, you know.
Chairman Plummer: Is there a motion?
Commissioner Teele: I'll move it.
Chairman Plummer: You moved it. Is there a second? Is there a second? Is there a- second? The motion is
withdrawn. Item 22. Item 22 is...
Commissioner Teele: I move that...
Chairman Plummer: ... furniture...
Commissioner Teele: I move that it...
Chairman Plummer: ... on an emergency basis for fire stations.
89 October 12, 1999
Commissioner Teele: And see, here, Mr. Manager, I will not support...
r
Chairman Plummer: And this is ratifying again.
Commissioner Teele: I will not support this for one reason. There are state bid contracts out there; there are
miscellaneous bids; we've got, at least, three vendors in the City that have furniture. There is no reason to
go out here and make these kind of procurements without a competitive process.
Chairman Plummer: Absolutely.
Commissioner Teele: And, on this one, somebody better get a truck and return the furniture...
Chairman Plummer: All right.
Commissioner Teele: ... because I won't be comfortable with this one.
Chairman Plummer: All right. So, that's a dead item.
26. APPROVE RECOMMENDATION OF MANAGER TO ACCEPT LETTER OF INTEREST
FROM GREENBERG TRAURIG.. P.A. FOR CONSULTING SERVICES TO ASSIST IN LEASE
NEGOTIATIONS OF VARIOUS CITY -OWNED PROPERTIES; AUTHORIZE MANAGER TO
EXECUTE PROFESSIONAL SERVICES AGREEMENT, ($45,000). INCLUDING OUT-OF-POCKET
Chairman Plummer: Item 23. Item 23 is a letter of interest of Greenberg Traurig for lease negotiations not
to exceed forty-five thousand.
Mr. Manuel Gonzalez-Goenaga: Yes.
Chairman Plummer: Is there a motion?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would move it for the purpose of discussion.
Chairman Plummer: Mr. Teele moves it for discussion. Is there a second?
Vice Chairman Gort: I'll second.
Chairman Plummer: There is a second for purposes of discussion. Mr. Teele, you have the floor.
Commissioner Teele: Mr. Chairman, I would like to inquire of management. How did Greenberg know
that this opportunity was available? How would they send a letter — was there a letter of interest sent out to
a series of law firms and they responded and were selected or is that what happened?
Mr. Erdal Donmez: Commissioner...
90 October 12, 1999
Chairman Plummer: For the record, your name.
r
Mr. Donmez: For the record, Erdal Donmez, Director of Real Estate and Economic Development. The City
placed an ad in the Daily Business Review on August 9th and the ad was, you know, left out for three
weeks. This particular publication, as you know, is widely read by the legal community and it was a block
ad and invited interested legal firms with extensive real estate experience...
Commissioner Teele: How many responses did you get, sir?
Mr. Donmez: Just one, sir.
Commissioner Teele: I withdraw my question.
Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would say, on the record, to Greenberg and anyone else, this community will never
develop until all of the community develops. I would hope the Greenberg would go out and find, on your
own — and I will not recommend anyone, nor will I authorize anyone to recommend anyone — but go out
and find a firm — this would be an excellent opportunity to bring in a firm to learn and to understand how to
negotiate leases. And this is a very important area of commerce and I recognize Greenberg as probably the
premiere firm of this City, certainly one of the premiere firms of the state and the nation, but I think they
have an obligation to share that know-how and share that — and I know that Greenberg has shown a lot of
corporate responsibility, but I really do think that a relationship, a subcontractor, something with a firm that
may be in the inner city, in the Empowerment Zone, in Little Havana and some of these areas where these
kinds of know-hows just don't trickle down. And I would hope that the department, the Attorneys Office
and Greenberg would take it seriously and look and seek out a firm that you could work with to bring to the
table, so that we can get some transfer of know-how and expertise.
Chairman Plummer: All right. Mr. Boom -Boom, Bam-Barn, Slam -Damn.
Mr. Gonzalez-Goenaga: Well, in addition to what has been said and with a lot of respect to Greenberg
Traurig — and I have never here — well, sometimes I have done it — backed the Legal Department. I mean,
how many lawyers do we have in our legal division and I am here acting as if I were a Commissioner
member. How many lawyers? Don't we have 22 lawyers in the City Department? Do you mean that we
need to have the assistance for lease negotiation of a topnotch law firm, when we have been in this business
of leasing or badly leasing, whatever, for so many years? See, these are the type of things that I do not
understand. But now I wonder, as the days go by, when — let me use something comical. Now, that we are
on the verge of war cities. Remember what KC Stangle (phonetic) said.
Chairman Plummer: What did KC say?
Mr. Gonzalez-Goenaga: About the first year Mets "Guys, do you know how to play this ball game?"
Chairman Plummer: Right.
Mr. Gonzalez-Goenaga: OK. And I am asking this to this Commission and this administration.
91 October 12, 1999
Chainnan Plummer: That's fine.
Mr. Gonzalez-Goenaga: Thank you.
Chairman Plummer: Call the roll on Item 23.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-759
A RESOLUTION OF THE MIAMI CITY COMMISSION.
APPROVING THE RECOMMENDATION OF THE CITY
MANAGER TO ACCEPT A LETTER OF INTEREST FROM
GREENBERG TRAURIG, P.A. FOR CONSULTING SERVICES
TO ASSIST IN LEASE NEGOTIATIONS OF VARIOUS CITY -
OWNED PROPERTIES; AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN AN
AMOUNT NOT TO EXCEED $45,000, INCLUDING OUT-OF-
POCKET EXPENSES; AND FURTHER ALLOCATING AVAILABLE
FUNDS THEREFOR FROM ACCOUNT NO. 66010-902, BLUE
RIBBON INITIATIVES.
(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: Chairman J.L. Plummer, Jr.
Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
NAYS: None
ABSTAINED: Commissioner Joe Sanchez
ABSENT: Commissioner Tomas Regalado
AT THIS POINT THE COMMISSION TABLES CONSIDERATION OF REGULAR AGENDA
ITEMS AND RECONVENES ON SPECIAL SESSION.
92 October 12, 1999
27 MANAGER TO REPORT ON IWACT OF PROPOSED ESTABLISHING SIXTY-FOUR (64)
HOURS PER :PAY ' PERIOD AS .FULL TEUE EMPLOYMENT FOR THE PURPOSES OF
COMPUTING _HEALTH, PENSION .AND :EMPLOYEE BENEFITS — PLAN FOR FOUR -DAY
WORK WEEK.
Chairman Plummer: A matter of courtesy, Representative...
Vice Chairman Gort: Senator.
Chairman Plummer: Senator Ron Silver is here and before we break for lunch, Senator, I'm told you're here
on an Item G of the supplemental. I think this was brought to the agenda by Commissioner Teele.
Commissioner Teele, I'll — a matter of courtesy to the Senator, I'll allow you to bring this item up and, then,
we'll break for lunch. Excuse me. Anything else will be taken up after the lunch break. We will be
returning at 2:30 for the afternoon agenda. After 2:30. Mr. Teele.
Commissioner Teele: Mr. Chairman, the more we get into this issue, the more concerned I become. This is
an issue that would allow persons who work at least 64 hours a pay period or...
Chairman Plummer: All ,right, all right. Excuse me. Please. Courtesy to the speaker.
Commissioner Teele: ...thirty-two hours a week to be classified as full-time for the purpose of receiving
benefits, et cetera. I realize this has an economic implication. What really bothers me or would bother me
is that we have been hiring people and — that have been with the City for four or five or six years and they're
working 30 hours so that we don't have to pay them benefits, so — or 32 hours or so. So, I guess, Mr. Silver,
who's the counsel — the distinguished counsel to the pension and — what do you call it?
Senator Ron Silver: Miami City General Employees Retirement Fund.
Commissioner Teele: Yeah, you tried to do this because Commissioner Regalado's not here, I bet. Because
he had some issues with you all the last time that I...
Senator Silver: Yeah, we've met with Commissioner Regalado.
Commissioner Teele: Your testimony would be that this is going to cost money?
Senator Silver: Right. As an extra — as an added benefit and if you do add benefits, the Constitution
requires that the City fund it or the state fund it or whoever does it, fund it.
Chairman Plummer: All right.
Commissioner Teele: And to the Finance Director or the Personnel Director. Approximately, how many
people do we have with the City now that are working 64 hours a pay period?
Ms. Angela Bellamy: Commissioner, Angela Bellamy, Director of the Department of Human Resources.
We have 126 employees who are between the hours — who work between the hours. of 32 hours and 39
hours, part-time.
Commissioner Teele: And how. many of those people have been with the City for more than a year or two
93 October 12, 1999 -
years or three years?
Ms. Bellamy: I can tell you that we have some particularly in the Parks Department, who have been with us
even 15 years. Eleven years, 15 years.
Commissioner Teele: Mr. Chairman, I must tell you this. You know, we laugh about Burger King and
Wendy's and, you know — but I — this is why unions were created. It's wrong. It is wrong for a government
to hire people on a — literally, a permanent basis and not give them benefits. I wouldn't want my son or
daughter, if I had one, to be working, essentially, a full-time and not get benefits and none of us would. I
mean, there is a fundamental issue here and I would like to get this in writing. But I must tell you, 1 think
we should move toward a policy where people that work 32 hours are given the same benefits as anyone
else, which is essentially a four -day workweek. But we certainly should not be hiring people at 39 hours for
-- I mean, it's one thing to do this for like a summer job or...
Commissioner Sanchez: Part-time.
Commissioner Teele: Or some — or part-time. But when the person's working for four or five years and
they're working 39 hours, that's almost Apartheid kind of circumstance. And it has nothing to do with race.
It has to do with just the way you treat working people and the way government acts responsibly. I realize
that we're not responsible for health care issues. I realize that's a County issue. But how can we ask
companies to be good corporate citizens if we're not? And I just want to raise it — and I'd like for the...
Chairman Plummer: What do you want to do with the...
Commissioner Teele: ...management to come up with a plan or to initiate a plan...
Commissioner Sanchez: Mr. Chairman?
Commissioner Teele: I yield.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Chairman, I agree with some of the issues brought forward by Commissioner
Teele on the item. We do have a lot of people that have worked for many years and they're still under a 32
hour or part-time basis. But, you know, the financial impact that this would bring to the City is almost close
to three million dollars ($3,000,000), two point eight million dollars ($2,800,000). And due to the situation
that we're in, the City now, I don't think that this City could be — afford to be generous at this time. I think
that, as we recover from the financial situation that we're in, I think it's a good discussion item to bring up
but now I'm very concerned with two point eight million dollars ($2,800,000) that we would have to come
up to implement this.
Chairman Plummer: Well, I think, in all fairness, what we should do is to have a full report by the Manager
as to what the impact would be, not talk about it. But let's look at it and bring it back at another
Commission meeting. I think that that's without a doubt. You know, I can argue both ways. I guess I'm a
typical politician, you know. But we had PSA (Public Service Aides) and the Manager came and gave a
very strong argument. The reason why we couldn't get more PSAs in the Police Department was that they
were not getting a benefit package. Well, guess what? We increased them by what, ten thousand dollars
($10,000)? And now we have less PSAs than we had when he came and convinced me. You know, I mean
— so, the number went down. I mean...
94 October 12, 1999
Ms. Angela Bellamy (Director, Human Resources): Well, Commissioner...
Chairman Plummer: That's pure and simple. We have less PSAs now than when we were paying without
any benefits.
Ms. Bellamy: If I can.
Mr. Donald Warshaw (City Manager): The numbers went down so we...
Ms. Bellamy: We just...
Mr. Warshaw: ... could compensate for the additional...
Commissioner Teele: Mr. Chairman?
Ms. Bellamy: We just...
Chairman Plummer: We're supposed to have a hundred.
Commissioner Teele: On the issue that's before us — and I would like to discuss that — I would move that
the Manager present a full report...
Chairman Plummer: So be it.
Commissioner Teele: ... and a plan, within 120 days, as to — if any; as to how we can rationalize this issue.
Chairman Plummer: All right. Is there a second?
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Seconded by Commissioner Gort.
Vice Chairman Gort: And seconded. I'd like..
Chairman Plummer: He has the floor. 011
Commissioner Teele: But on — Commissioner Gort, just one point. I agree with Commissioner Sanchez on
everything he said, except one thing. He's used the word "generous." .I think the word is fair. You know,
doing the right thing — being fair is not being generous, and it's really a hard pill for me to swallow.
Chairman Plummer: Mr. Gort.
Commissioner Teele: And I agree with his economic analysis.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I also would like to see, that whenever there's and opening within the City of Miami,
the first right of refusal should be given to those people that are right now under those hours.
Chairman Plummer: Senator...
95 October 12, 1999
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Commissioner Teele: Second. Well, hold it. I second the motion that Commissioner Gortjust made.
Chairman Plummer: There is a motion made that any part-timer be given the first option and priority on any
openings...
Commissioner Teele: Qualified. Any qualified.
Chairman Plummer: ... in that field. And qualified, of course. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous. -
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-760
A motion authorizing and directing the City Manager to present a full
report and plan, within 120 days, on how we can rationalize the issue of
establishing a 64 hours per pay period, full-time employment policy for
purposes of computing health, pension and employee benefits; further
stipulating that any part-time employee, who is" duly qualified, be given
first opportunity for employment to fill any existing vacancies.
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.
Y,
ABSENT: Commissioner Tomas Regalado
Chairman Plummer: Senator Silver, you shall have the closing remarks.
Senator Silver: Mr. Chairman, just a pleasure to be before you. And I just want to make sure you
understand that my only purpose here was informational and not to discuss the policy issue.
Chairman Plummer: You're always argumentative. We'll be back at 2:30, sir.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:09 PM AND RECONVENED
AT 2:31 PM, WITH CHAIRMAN PLUMMER FOUND TO BE PRESENT.
Chairman Plummer: Deal with Item 23 and we will be starting with Item 24. We did not finish the
supplemental agenda and we have, at the conclusion of the day, one zoning application, PZ-1, which is 2235
Southwest 8th Street. Mostly involved with parking. There was one item pulled by the administration, Item
96 October 12, 1999
Number 32. If you're here on Item 32, you can come back at the next Commission meeting. Mr. City Clerk.
do we have any colleagues in the house, especially Regalado, whose district this NET (Neighborhood
Enhancement Team) Office is in? Is Mr. Regalado in the house? Is Mr. Gort in the house? Is Mr. Sanchez
in the house? Due to the lack of interest, today has been canceled. Is Regalado in the house?
Mr. Walter Foeman (City Clerk): No, he's not here yet.
28::PRESENTATION BY F.LAGANH.NETSERVICE CENTER.
Chairman Plummer: All right. We've got to go, all right? It's a presentation by the NET Office. All right.
You're on. Wait a minute. Just to make sure, the TV is on? OK. So, if Mr. Regalado comes in late, he can
get a copy of the video. All right. Proceed. Give us your name and where you represent.
Mr. Fausto Callava: Good afternoon, Commissioner. My name is Fausto Callava. I'm the NET
Administrator for Flagami. I have been...
Chairman Plummer: Go ahead, sir. Proceed.
Mr. Callava: I have been at Flagami for 21 months. When I first arrived at Flagami, the police in the NET
Office were located at different sites. 1, in conjunction with the NET Lieutenant, brought our offices
together to better serve the community. Combining our efforts together, we were able to close six
businesses that were posing as retail stores, but they were being used for prostitution purposes. We
conducted, at least, two clean-ups per month. We have over six thousand calls and over twelve hundred
citizens visit our offices for numerous services rendered this year.. The NET Lieutenant and I have attended
over seventy community meetings and, due to our standard graffiti detail, at no cost to the City of Miami,
we have virtually eliminated the graffiti in the Flagami area. We have kept our overgrown lots to a
minimum. We have also identified several illegal dumping sites and, of course, we could have not
accomplished this task without my staff, which I'd like to introduce now. My NET Representative, Conrad
Salazar.
[COMMISSIONER SANCHEZ ENTERED THE COMMISSION CHAMBERS AT 2:33 P.M.]
Chairman Plummer: Smile, you're on Candid Camera.
Mr. Callava: My Code Enforcement Trainee, Michelle Frazier, my Code Enforcement Inspector, Enrique
Fortun. I'd also like to introduce NET Lieutenant, Manny Orosa, NRO (Neighborhood Resource Officer),
Oscar Sigler and Gus Rabasa, and we have a community leader, Jack Mejuto, and Baron De Parre. And,
without delay, I'd like to:..
Chairman Plummer: If you've got that policemen, you must have some bad people out there.
Commissioner Sanchez: Hey, that's a fine group you've got there.
Chairman Plummer: That's a fine group.
Lieutenant Manuel Orosa: Thank you, Commissioner. Good after...
Commissioner Sanchez: The best...
97
October 12, 1999
Lieutenant Orosa: The what?
Commissioner Sanchez: The best of the best.
Lieutenant Orosa: Thank you, sir. Good afternoon, honorable members of the Commission. I'm Lieutenant
Manuel Orosa. I'm the .Commander of the Flagami NET. Pve been there for the last — almost a year now,
but I've been in NET.since its inception. In Flagami we have been able to put in police work and other city
services. We strive to make our NET a family that works hand-to-hand with all co-workers and members of
the community.' As usual, shortly here. The NRO's and patrol officers are constantly in vigil for violations,
which ,are given over to the, NET administrator and vice versa. Community workers and inspectors turn
their concerns to the police. This camaraderie in our work place has made an enjoyable and productive
working environment. This closeness has been extended to our neighbors by allowing the use of our offices
for community groups, COP meetings and other groups to conduct their monthly business. These meetings
are always attended by NRO's, who are there to provide answers to any questions. This partnership with our
neighbors has made it easier to conduct community events, such as Kids Against Police Softball Games,
Halloween Haunted House Festivals, both of which are held at Kinlock Park. Further, this partnership has
allowed a good use of donated baseball tickets from the Marlin's and we have taken a group of mentally
handicapped individuals to Marlin games. This year we've taken 35, so far. For the last few years, overall
crime in Flagami has gone down, like in the rest of the city. This year, part one crimes are down again and
calls for the police are also down. In order to continue this reduction, we've assigned officers to the areas
where most concerns occur on a monthly basis and we do that to try to apprehend and/or deter any criminal
activity in those areas. We're also working out a bicycle patrol officer in some areas, which is going to be —
you'll be able to see him more often in the next few coming months. We just started that about a month ago.
I would like to introduce now Mr. Jack Mejuto, who's got -some words. He's one of our community
neighbors and helpers. Thank you.
Chairman Plummer: Very good, sir.. If you'd give us your name and mailing address, please.
Mr. Jack Mejuto: Good afternoon. My name is Jack Mejuto, 7335 Southwest 8th Street, Flagami. In recent
years, since the inception of the NET concept, in the beginning, no one really knew what NET was. They
basically thought it was a bunch of city people trying to get them. However, this day and age, that's not
what the community sees the NET as, at least from the positive side. They see the NET as a family, as part
of a village, of 13 little villages we have now in the city, where a common person, such as myself or any
other person, citizen of Miami, can go to be heard and to be a part of his community. This has made it a
much better place to work and live, as I hear from the statistics, not only — though statistics are important,
but also, when you live and work in an area and you see the change, people actually putting forth effort.
They want to paint; they want to fix; they want to start new businesses, and I think that is all owed to the
people that we have working.
Chairman Plummer: Pride of ownership.
Mr. Mejuto: Yes, sir.
Chairman Plummer: Absolutely.
Mr. Mejuto: Something that I think has been lost. And being a young person, I see that, you know, it's not
as prevalent as it is in the older generations. So, this is really an inspiration that the NET and everyone
associated with it really has made a difference in the emotions of the community. And people, whether
they're being fined or what, are seeing that it has a sense of purpose, that our streets are cleaner and that
people say, "Well, the City of Miami is a city. It's just not that place that's in Miami -Dade County that has a
98 October 12, 1999
bunch of policies."
Chairman Plummer: Thank you, sir.
Mr. Callava: I would like to introduce Baron De Parre. He's also a businessperson in the Flagami area and
a community leader.
Mr. Baron De Parre: Good afternoon to all. My name is Baron De Parre. My business is located at 7365
Southwest 8th Street. And, like Jack, Pve been a little.bit — I'm in the area for many years. A lot more than
Jack. I've been in the same business area for 14 years now and I know what it used to be back there, when
there was a shooting gallery out there to the inception of the NET concept. Not only the NET concept in the
area but how the NET has been able to bring families and businesses, more like a friendship, within the
area. And I am very, very thankful to Fausto Callava and the whole Police Department within itself because
they have been able to clean up our area; they have been able to bring in the businesses together and
throughout the trying times of the reconstruction of Calle Ocho, when we were all having a lot of lack of
business, lack of money. They were there to support us; they were there to help us out, not only in the crime
fighting scene in the arena but as well as give us the moral support that we really needed to keep on going.
They were able to voice our concerns, so I represent in the area about 50 businesses right there in the
Flagami area. And we've kind of like served our own action committee, which.I chair. And from there,
they've been able to bring in our local politicians that have heard us and have brought the issues, not only to
local but to a state level. You know, I commend the NET office, whoever came up with the concept, and
myself, Fausto Callava, Lieutenant Ke David, which is no longer in there, Manny as well, the lieutenant that
is in charge, who has worked hand -on -hand with everyone else. So, basically, I just came on over to kind of
like let everybody know that they are doing a wonderful job. Thank you.
Chairman Plummer: Very good.
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I'd like to tell you, I'm very proud of Baron De Parre. He was one of my students.
Not only he's become a great photographer but a great politician, too. I mean, he's done a great job in that
neighborhood in bringing the people together. And he's done a great job. Thank you.
Chairman Plummer: All right. Listen, we thank you very — you have —_ OK.
[COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 2:40 P.M.]
Mr. Callava: I've got Mr. Angel Urquiola also.
Chairman Plummer: Oh, no.
Vice Chairman Gort: No, no, no.
Chairman Plummer: Oh, no, no, no, no, no.
Mr. Angel Urquiola: Good afternoon, gentlemen.
Chairman Plummer: He has never been accused of telling the truth.
99 October 12, 1999
Mr. Wrquiola: Today, I am very happy today because I just come from Orlando. You know I eat a lot over
there and drink. You know, now I feel happy.
Chairman Plummer: Good.
Mr. Urquiola: OK. My name is Angel Uriquiola. I live in 25 Southwest 38th Avenue. I come over here
today because at Flagami, that somebody tried to make Flagami like a Little Vietnam and Little Havana and
sent to the NET, we have there and all these people, Flagami coming again like it was before, a good
neighborhood, very protected. They — I know I don't like them because I call them everyday, two or three
times, for problems.
Chairman Plummer: And you wanted him to speak?
Mr. Urquiola: I call the police and everybody. I call them. They responded right away. I am very, very,
very happy to get all these people, as this NET on Flagami, and send to you, Commissioner, I want you to
help these people because they help the neighbors.
Chairman Plummer: Thank you.
Mr. Urquiola: I really appreciate anything you've done for the Flagami NET. Thank you.
Chairman Plummer: Thank you. And we appreciate all of you being here.
[COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT 2:41 P.M.]
Commissioner Regalado: Mr. Chairman, just a brief message. I'm sorry I was late...
Chairman Plummer: It's on video.
Commissioner Regalado: ...to hear, but I don't need to. I know, like Willie, the work that the Flagami NET
has done and is doing. And let me tell you something. Flagami can be proud of having — and we should...
Mr. Urquiola: We are.
Commissioner Regalado: Have some kind of sign at the boundaries that said "Flagami, Graffiti -Free." We
are not bragging. This is true. The work that the NET and the Police have done is one that we should be
proud of. And let me tell you. The little pockets of problems, Lieutenant Orosa and his people is handling;
so we are very proud of you guys.
Chairman Plummer: Very good. And we thank all of you for being here today
100 October 12, 1999
29.'-AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH AT&T WIRELESS
SERVICE FOR 'CIRCUIT DATA PACKET DATA (CDPD) SERVICE, UTILIZING EXISTING
STATE -- OF- ,FLORIDA -CONTRACT. FOR DEPARTMENT OF INFORMATION TECHNOLOGY,
($200,000); ..ALLOCATE , FUNDS :FROM OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS,; REpUIltING BUDGETARY - � ' -.APPROVAL FROM INDIVIDUAL
DEPARTMENTAL -ACCOUNTS. PRIOR TO USAGE.'
Chairman Plummer: OK. We're now on Item 24. Item 24 is AT&T Wireless Service for two hundred
thousand dollars ($200,000) — not to exceed two hundred thousand dollars ($200,000) for the Data CDPD
(Circuit Data Packet Data) Service. Is there a motion?
Commissioner Sanchez: What item?
Chairman Plummer: Item 24.
Vice Chairman Gort: Can you tell us more specific what this is going to do for us?
Mr. Donald Warshaw (City Manager): Commissioner, this is to create access to the building department
and all of the NET (Neighborhood Enhancement Team) offices.
Vice Chairman Gort: In other words, what this will do is be able to connect all of — the computers will be
able to talk to each other and communicate with each other?
Mr. Aldo Stancato (Interim Director, Information Technology): What this will do, Commissioner, this is a
partner with the resolution for the Building Department, previously, the laptops. This will allow for field
inspectors to be out there and communicate via radio modem, with a mainframe, and have immediate online
access to the information out on the field.
Vice Chairman Gort: Thank you.
Chairman Plummer: All right. Moved by Gort. Seconded by Sanchez. All in favor say aye.
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
101 October 12, 1999
The --following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-761
A RESOLUTION _ OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH AT&T WIRELESS SERVICE FOR
CIRCUIT DATA PACKET DATA (CDPD) SERVICE, UTILIZING
EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1,
FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT
AN ESTIMATED COST NOT TO EXCEED $200,000;
ALLOCATING FUNDS THEREFOR FROM OPERATING BUDGETS
OF VARIOUS USER DEPARTMENTS, REQUIRING BUDGETARY
APPROVAL FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS
PRIOR TO USAGE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
30. AUTHORIZE. ; INCREASE,, ;,IN:.' CONTRACT WITH NHCROSOF]r CORPORATION,
UTILIZING STATE:OF.FLORIDANEGOTIATED AGREEMENT. PRICE SCHEDULE (SNAPS), FOR
DEPARTMENT OF INFORMATION TECHNOLOGY,.. ($50,000) . FOR -A TOTAL AMOUNT OF
$100 000• ALLOCATE:FUNDS.
Chairman Plummer: Item 25. Microsoft Corporation. Total amount not to exceed a hundred thousand
dollars ($100,000) in a State of Florida negotiated agreement. Moved by?
Vice Chairman Gort: No, wait a minute. Before we move it — I will move it but I'd like for him, on the
record, to explain...
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Under discussion.
Vice Chairman Gort: Particularly, what would this be doing for the services?
Mr. Aldo Stancato (Interim Director, Information Technology): This is a consulting services. We use this
as advanced consulting. We had fifty thousand dollars ($50,000) last year. We're asking for fifty thousand
102 October 12, 1999
again this year. We used it where — we bring them in for specialized projects that we don't have any
expegise in. This will be for the exchange project and for the — going down to what they call the single
domain.
Chairman Plummer: Motion understood? All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-762
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WTI'H
MICROSOFT CORPORATION, AWARDED UTILIZING STATE
OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE
(SNAPS) NO. 9731298, FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO
EXCEED $50,000; FOR A TOTAL AMOUNT OF $100,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6.340.
(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.
26. ACCEPT BID OF M. VIOLA & ASSOCIATES, INC., FOR "FAIRLAWN STORM SEWER
PROJECT - PHASE 1, B-5629" ($1,331,193); ALLOCATE FUNDS AS APPROPRIATED
ORDINANCE NO. 11705; AND AUTHORIZE MANAGER TO EXECUTE CONTRACT
Chairman Plummer: Item 26 is a bid of M. Vila, Fairlawn Storm Sewer for one million three hundred
thirty-one thousand one hundred and ninety-three dollars ($1,331,193), with a total cost of one million five
hundred five thousand dollars ($1,505,000).
Commissioner Sanchez: Mr. Chairman?
103 October 12, 1999
Chairman Plummer: Mr. Sanchez.
Commissioner Teele: You know, Mr. Chairman, one thing that I've noticed lately is when they do repairs
on the roads, they just come back and they patch it. And let me tell you. We have some roads here in the
City that look like third world countries and I've seen it in the Roads. I've seen it in the Shenandoah area.
I've seen it all Overtown, where they come in — whichever the company may be, Water and Sewer, whoever
it may be. They come; they open up the hole; they put the pipes; as soon as, they're done, they asphalt just
one piece. And let me tell you. It is such an eye -sore to see that. And I want to assure that any other jobs
done in the City by any company that comes in, Mr. Kay, if they're going to patch up the road, the least they
could do is, at least patch up the whole street. In that way, as time goes by and they work in the city, maybe
they could connect one street after the other and some day we'll have a brand new road system in the City.
Mr. Donald Warshaw (City Manager): Commissioner, if I can just add...
Chairman Plummer: In the city of Coral Gables, as I am told, they make them — even though it might be a
four-by-four, they make them do half a block.
Mr. Warshaw: And, particularly, on Southwest 8th Street, which comes to mind right off the top of my
head, where the state is doing these patchwork almost every 10 feet, they're going to completely reasphalt
the entire streets. Those are just temporary breaks in the street. But, Jim, I want you to add...
Mr. Jim Kay (Director, Public Works): We're trying to...
Mr. Warshaw: ... to the County, WASA (Water and Sewer Authority), State, all of them.
Commissioner Sanchez: But, if I may? Just a minute. I'm not referring to DOT (Department of
Transportation) roadway or State roadway. I'm referring to local roads where these companies come in;
they patch up — they do whatever they have to do and then they just patch up the hole -that they opened and
it's just an eye -sore. It is unbelievable. As you're driving down the street and you see a piece of brand new
asphalt and then asphalt — which I'm not going to even get into Capital Improvement because I don't think
we've done Capital Improvement in God knows how many years.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Sanchez, that's why we passed a resolution about a month ago
requesting that anybody who do work will have to post a bond. If they don't complete the work according to
the specs (speculations), then, we use that bond to do it ourselves.
Chairman Plummer: Commissioner Teele.
Commissioner Teele: Mr. Chairman, every other Commission meeting this issue comes up and we rave, we
rant, we vent. Mr. Attorney, can we pass an ordinance that requires exactly what Commissioner Plummer
and the Mayor — and the Manager just discussed. Can we require that any work be done, that there must be
a permit pulled, first of all?
Mr. Jim Kay (Director, Public Works): That's the question I think.
Commissioner Teele: And number two. That the permit shall not be issued unless the permit provides
evidence of a capacity to meet our ordinance related to the minimum section. And I believe we should
adopt the Coral Gables standard of, at least, a half a block. And if you want to reduce that to some norm on
104 October 12, 1999
. 1 f
a measurement of so many yards, I'll be — 1 mean, I'll .be willing to take the professional staffs
reconamendation. But these slithers that look like giant snakes going across the street need to stop.
Chairman Plummer: Half the time they sink.
Commissioner Teele: And half the time they sink. And I believe — I don't know what Coral Gables has but
I can tell you this. This City has left on the table tens of millions of dollars from the Water and Sewer
Department of the County. First of all, by not requiring them to pay us for the right-of-way that they're
using. We charge Southern Bell for the right-of-way, don't we? We charge — do we charge People's Gas
gas company for the right-of-way?
Mr. Kay: Commissioner, they all pay a franchise fee.
Commissioner Teele: No. Do we charge a right-of-way fee at all in this town or we charge a franchise fee?
Mr. Kay: We charge a franchise fee.
Chairman Plummer: Franchise fee.
Commissioner Teele: But we don't charge a right-of-way fee?
Chairman Plummer: Not to my knowledge.
Mr. Kay: Not a right-of-way fee, per se.
Commissioner Teele: Well — I mean, we give them an easement, don't we?
Mr. Kay: We allow them to remain in that area of the right -of --way with their utility on a permit basis.
Commissioner Teele: Well, the last time — Mr. Attorney, is that an easement or is that not? See, somebody
— I mean, I've asked this question at least 20 times since rve been here. Somebody needs to research what
goes on in the rest of this state because we should be charging Water and Sewer an easement or a
right-of-way fee or a franchise fee and it doesn't make sense for us not to do that when Water and Sewer is
paying to Dade County General Government forty million dollars ($40,000,000) a year to operate Water and
Sewer. They are passing through to our citizens an overhead rate of forty million dollars ($40,000,000) a
year, based upon an administrative charge of eight and a half percent that they're charging. And I'll tell you
this. The Federal Government will not recognize an overhead charge of more than three percent. At the
airport, relatively, the same amount of money, a billion dollar ($1,000,000,000) program, seven hundred
million dollar ($700,000,000) program out there; Water and Sewer, a seven hundred and fifty million dollar
($750,000,000) program. One is charged eight percent. The other is charged -three percent. The difference
is, the Federal Government is protecting the airlines. They're protecting the traveling public. And there -is
nobody protecting the citizens of the City of Miami. And, so, what is happening is that Water and Sewer
Department is just passing through these outrageous administrative charges of forty million dollars
($40,000,000). Now, if they're going to charge forty million dollars ($40,000,000) and that money goes to
the County, it seems to me, if we're in a financial emergency, we, at least, get a right-of-way. They're using
our streets. Every time a water main burst, with the sewage coming from Hialeah or Opa-Locks or whether
it's coming from Aventura, when it burst in the City of Miami, we are responsible for Hialeah, Opa-Locka,
Aventura sewage because it's all flows down through us. And, yet, our citizens are inconvenienced; our
citizens are paying through the tooth and nobody's defending them. And I've asked the Public Works
Department; I've asked the Budget Office; I've asked everybody time and time again, gentlemen, ladies, we
105 October 12, 1999
are leaving on the table tens of millions of dollars that we should be able to pass on through to Water and
Sewer. And, so, I make the point again, Mr. Attorney, Mr. Manager, we need to look at other cities around
the country and — I mean, you know, I can tell you this: Don't go to Post Buckley. They happen to be one
of the greatest firms in the country and I'm certainly not going to bad mouth them. But their biggest client in
all of the world is who? Dade County Government, you know. And don't go to Keith and Snarls because,
you know, they're a client there. You need to go get some firm out of Wichita, Kansas or out of, you know
Austin, Texas or somewhere else, Richmond, Virginia, that doesn't do any business down here; that
understands this business and get them to give us a plan to implement an easement or a franchise fee that is
applicable to Dade County Water and Sewer. And that's the other part...
Vice Chairman Gort: Mr. Chairman?
Commissioner Teele: ...of the way they tear up the streets.
Commissioner Regalado: If I may?
Chainnan Plummer: Mr. Gort.
Vice Chairman Gort: And following that up. I would also like to find out if they pass that on to the
consumer, OK?
Chairman Plummer: Of course, they do. Mr. Manager, it seems like to me that this proliferation of in-house
monies is getting larger and larger. In this particular case, in-house monies are a hundred and seventy-four
thousand dollars ($174,000). They've got two designed monies in this thing and I assume they're being done
in-house. One for ninety-three thousand and another design for sixty-five thousand.
Vice Chairman Gort: Which item are you on?
Chairman Plummer: I'm talking about Item 26. -
Mr. Kay: The design for sixty-five thousand — this was done by a consulting firm, this particular project.
So, we pay them for the design costs. The construction...
Chairman Plummer: Does that money go back into your budget or in the General Fund?
Mr. Kay: That sixty-five thousand is paid to the consultant. The ninety-three thousand goes into the — back
to Public Works.
Chairman Plummer: Back into your budget?
Mr. Kay: Well, it goes into the General Fund, I presume. I don't know where...
Chairman Plummer: Well, it makes a big difference because let me tell you something...
Mr. Kay: We're credited — our budget is credited with that.
Chairman Plummer: All right. All in favor of Item 26 say "aye."
The Commission (Collectively): Aye.
106 October 12, 1999
Chairman Plummer: Opposition? Show unanimous.
JJ
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-763
A RESOLUTION OF THE NIIAMI CITY COMMISSION
ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC., FOR
THE PROJECT ENTITLED "FAIRLAWN STORM SEWER
PROJECT - PHASE 1, B-5629" IN THE PROPOSED AMOUNT
'OF $1,331,193; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 352265 AS APPROPRIATED BY THE FISCAL YEAR
1998-99 ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT ORDINANCE NO. 11705,-AS AMENDED, IN THE
AMOUNT OF $1,331,193 THE CONTRACT COST, $173,807
ESTIMATED EXPENSES, TOTAL ESTIMATED COST OF
$1,505,000; AND AUTHORIZING THE CITY .MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the .
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado .
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr. -
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer:. Item 27 is a plat of Wynwood Tower. It would not be on the agenda if it's not here for
approval. Mover and seconder on the 26. Moved by Gort. Seconded by Sanchez on 26.
Vice Chairman Gort: Where specifically is this going to take place?
Chairman Plummer: On 27, where is this Wynwood plat?
Mr. Kay: Where.is the...
Vice Chairman Gort: I'm talking about 26.
Mr. Jim Kay (Director, Public Works): Twenty-six. That is the area between 47th Avenue to 52nd Avenue;
from Flagler Street to Northwest 7th Street.
107 October 12, 1999
Vice Chairman Gort: That's the Flagami area?
.,
Mr. Kay: Yes.
Vice Chairman Gort: ...that has so much need...
Mr. Kay: Yes, sir.
Vice Chairman Gort: That's the Flagami area that had so much need for storm water sewers?
Chairman Plummer: Right.
Mr. Kay: Yes, sir.
Vice Chairman Gort: OK.
32. ACCEPT PLAT "WYNWOOD TOWER" -
Chairman Plummer: Item 27 is the plat. Moved by Gort. Seconded by Regalado. The Wynwood Tower
Plat. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-764
A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY
COMMISSION ACCEPTING THE PLAT ENTITLED
"WYNWOOD TOWER," 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 SAID PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
108 October 12, 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.
33. RESCIND BID AWARD TO EDU-TECH, INC., FOR DECLINING TO PERFORM WORK,
AND ACCEPT, AWARD BID TO VARIOUS VENDORS UTILIZING EXISTING M1AMI-DADS
COUNTY CONTRACT FOR PLAYGROUND EQUIPMENT AT WEST BUENA VISTA AND
MILLER DAWKINNS PARKS, ($58,300), FOR DEPARTMENT OF PARKS AND RECREATION;
ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS
APPROPRIATED BY GENERAL APPROPRIATION AND CAPITAL IMPROVEMENTS
ORDINANCE NO. 11748.
Chairman Plummer: Rescinding of a bid that had been given to Edu Tech and they declined to perform the
work and the installation of that equipment and who is it going to now, Mr. Manager?
Mr. Alberto Ruder (Director, Parks & Recreation): We're piggybacking on a County bid.
Chairman Plummer: You're just taking the money back? You're not re -issuing it?
Mr. Donald Warshaw (City Manager): This item is just to rescind.
Chairman Plummer: All right. Moved by Sanchez. Seconded by Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Unanimous.
109 October 12, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-765
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING THE BID AWARD TO EDU-TECH, INC., FOR
DECLINING TO PERFORM THE WORK, AND ACCEPTING
AND AWARDING THE BID TO VARIOUS VENDORS
UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO.
4907-3/98-2, FOR THE FURNISHING AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT WEST BUENA VISTA AND
MILLER DAWKINS PARKS, AT A TOTAL AMOUNT NOT TO
EXCEED $58,300, FOR THE DEPARTMENT OF PARKS AND
RECREATION; ALLOCATING FUNDS THEREFOR FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS NOS.
331409 AND 331404, AS APPROPRIATED BY GENERAL
APPROPRIATION AND CAPITAL IMPROVEMENTS ORDINANCE
NO. 11748, AS AMENDED.
(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.
34... AUTHORIZE -INCREASE -IN CONTRACT OF GOVERNMENT . ,CENTER HEALTH
SERVICES. INC., ;($4.500): INCREASING THE .TOTAL, :CONTRACT .FROM 332.705 TO.
$37.205 TO. -PROVIDE PHYSICAL:EXAAlINATIONS.FOR'THE DEPARTMENT OF HUMAN
RESOURCES; ALLOCATE FUNDS.`
Chairman Plummer: Item 29. Item 29 is an increase in a contract for forty-five hundred dollars ($4,500) for
physical examinations for Human Resources. Moved by Regalado. Seconded by Sanchez. Mr. Bam-Bam.
Mr. Manuel Gonzalez-Goenaga: No, no, no. You better watch out because El bonbon que camina is here.
No, he just left, and I am Boom -Boom.
Chairman Plummer: Yes, you're right.
Mr. Gonzalez-Goenaga: And the other ones, who are the Van -Vans.
110 October 12, 1999
Chairman Plummer: All right. Are you finished yet?
y
Mr. Gonzalez-Goenaga: No, no. No, no. This is the most — one of the most — you see, we're spending
money on physical examinations and maybe what we need here are...
Chairman Plummer: Excuse me. Why is the clock not running?
Mr. Gonzalez-Goenaga: I always take less than two minutes, Mr. Christopher Columbus.
Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: And...
Chairman Plummer: That's Cristobal Colon.
Mr. Gonzalez-Goenaga: Cristobal Colon. Whatever. Today is your day.
Chairman Plummer: Domingo.
Mr. Gonzalez-Goenaga: No, no, not Domingo. Dia de la raza. Maybe after coming here for so many
times, what we need here is more mental examinations and 1 have never seen expending for mental
examinations. Maybe that's what we need here. I have been examined many times, to tell you the truth, and
I have come out with a clean bill of health, mentally. And I wonder if this administration and some of these
Commissioners need a mental examination, besides a physical? Thank you.
Chairman Plummer: Thank you. Mr. Felipe Vals is here, Boom -Boom. He has a cup of coffee for you. All
right. All in favor of Item 29 say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-766
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT OF
GOVERNMENT CENTER HEALTH SERVICES, INC., IN AN
AMOUNT NOT TO EXCEED $4,500; INCREASING THE TOTAL
CONTRACT FROM $32,705 TO $37,205 TO PROVIDE
PHYSICAL EXAMINATIONS FOR THE DEPARTMENT OF
HUMAN RESOURCES; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 001000.270101.6.260 ($1,700) AND
001000.921002.6.270 ($2,800), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
III October 12, 1999
(Hero 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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
35. AUTHORIZE INCREASE IN CONTRACT WITH FLORIDA DEPARTMENT OF LAW
ENFORCEMENT ($4,800) FOR FY'99; INCREASING TOTAL CONTRACT FROM $11.140 TO
$15,940 FOR BACKGROUND INVESTIGATION SERVICES. AND PROVIDING FOR THESE
SERVICES ANNUALLY ($12,800). BEGINNING FY' 2000. FOR THE DEPARTMENT OF
HUMAN RESOURCES; ALLOCATE FUNDS.
Chairman Plummer: Item 30. An increase of forty-eight hundred dollars ($4,800) for Parks and Recreation.
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Show it unanimous.
112 October 12, 1999
The.ibllowing resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-767
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AN INCREASE IN THE CONTRACT WITH
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT IN
AN AMOUNT NOT TO EXCEED $4,800 FOR FY '99;
INCREASING THE TOTAL CONTRACT FROM $11,140 TO
$15,940 FOR BACKGROUND INVESTIGATION SERVICES,
AND PROVIDING FOR THESE SERVICES ANNUALLY IN AN
AMOUNT NOT TO EXCEED $12,800, BEGINNING FY' 2000,
FOR THE DEPARTMENT OF HUMAN RESOURCES;
ALLOCATING FUNDS THEREFOR FOR THE FY'99 INCREASE
FROM THE DEPARTMENT OF PARKS AND RECREATION'S
ACCOUNT CODE NO. 001000.580302.6.270 ($2,000) AND SPECIAL
PROGRAMS AND ACCOUNTS ACCOUNT CODE NO.
001000.921002.6.270 ($2,800), AND ANNUALLY, BEGINNING IN
FY' 2000 FROM THE DEPARTMENT OF HUMAN RESOURCES'
ACCOUNT CODE NO: 001000.270101.6.270, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S) 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
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT:, Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
36. SETTLEMENT: ANAIS AURORA BADIA, $475 000. =
Chairman Plummer: Item 31. The Director of Finance —wow!
Mr. Alejandro Vilarello (City Attorney): Commissioner, this is an item that I brought to the attention of the
Commission. This is a case that involves alleged violations of First and Fourteenth Amendment rights of
discrimination of gender and natural origin. We did take this case to a jury trial and there was verdict in the
amount of six hundred and forty thousand dollars ($640,000), together with attorney's fees, would be just
under nine hundred thousand dollars ($900,000). I have negotiated a settlement, subject to the City
Commission and Oversight Board's approval, that would resolve this litigation for a total amount not to
113 October 12, 1999
exceed four hundred and seventy-five thousand dollars ($475,000). That would be split up in two payments.
The,first payment would be for two hundred and thirty-seven thousand dollars ($237,000), on or before
December 1 st, 1999, and the balance of a hundred and thirty-seven thousand seven hundred and eighty-two
dollars ($137,782), payable before — on or before October 15th of the year 2000. It comes with my
recommendation as a substantial reduction in the amount of the jury verdict.
Chairman Plummer: You know, my only one question is simple. Why do we never read about any other
city in Dade County with these kind of problems?
Mr. Vilarello: I disagree and I can give you a laundry list of these kinds of litigations, where...
Chairman Plummer: Well, then, you don't read about them, OK? I'm not saying they don't happen but why
— you know, with us, tomorrow morning that will be the headlines of what happened here today.
Vice Chairman Gort: Because we're in Miami.
Chairman Plummer: You know, it's incredible. It's — Uh-oh. What do you want now?
Mr. Gonzalez-Goenaga: No, no.
Vice Chairman Gort: Where else can a gate can become international news.
Mr. Manuel Gonzalez-Goenaga: I'm waiting for my time to speak.
Chairman Plummer: All right. Come on, Boom -Boom.
Mr. Gonzalez-Goenaga: Well, this is another example of the sins of the past. This is going for many, many
years and'she was a very qualified lady, who came with a lot of titles to work for Public Works, and she was
fired by a person who — you know the story. He did not even have a legal title. So, these are things-- the
sins of the past that we are still paying for them. And it's about time that things change and I think that they
are changing for the better. But don't blame — you see, I am a very fair person. When I have to blame this
administration,'I said it. But these are the sins of the past administration. And let me tell you. And many
more things to follow.
Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: Because if — I still have some time left. Seconds. Fifty-eight seconds. I am
ashamed, indirectly — I'm not speaking about this particular issue, but when you are a convicted felon and
you still get a pension here and there are no ordinances to avoid that, I feel a little concern. Instead of the
Van -Van ordinance, I'd love see that a person who is a convicted felon should not -get a pension from the
citizens of Miami.
Chairman Plummer: Thank you, sir. All in favor of Item 31 say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
114 October 12, 1999
The•following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-768
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANAIS
AURORA BADIA, WITHOUT ADMISSION OF LIABILITY, THE
SUM OF $475,000, UNDER CERTAIN CONDITIONS, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE
ANAIS BADIA VS. CITY OF MIANII, IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE
NO. 94-2197-CIV-FERGUSON, UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES
FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO.
515001.624401.6.651.
(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.
Chairman Plummer: Item 32 has been taken care of.
Mr. Walter Foeman (City Clerk): Mr. Chairman, we need a movant and a seconder on 31.
Chairman Plummer: Thirty-one?
Mr. Foeman: Yes.
Chairman Plummer: Who moved it?
Vice Chairman Gort: Sanchez.
Chairman Plummer: Sanchez moved it.
115 October 12, 1999
Commissioner Sanchez: I didn't move it.
Chairman Plummer: Sanchez moved it. Gort seconded it. You've got no choice, gentlemen.
Commissioner Sanchez: No, I've got no choice, I mean. But I didn't move it.
Chairman Plummer: I mean, it's recommended by the City Attorney.
Commissioner Sanchez: I'll move it, but I didn't...
Chairman Plummer: What do you want? A gold edge here?
Commissioner Sanchez: No. And I want to make it very clear. I usually go with the recommendation that
the City Attorney gives me.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. And it was unanimous vote. Because it was
recommend by the City Attorney, who's a bad guy and didn't do his job well.
37. DISCUSS TOWINGRFQ MODIFICATION See section #39'.=
Chairman Plummer: Item 34. Item 34 is the towing modifications. Mr. Manager? Hello? Well, let me tell
you what somebody — I got a phone call during the lunch break. You ready? You are asking the towing
companies to tow City vehicles free and when they agreed to that, there was an indication that, if, in fact,
they did it, they would be given compensated to what other companies are being compensated in Miami
Beach and in Dade County, in other places, which is ninety dollars ($90). Now, I'm just putting on the
record what I've been told, OK? And what they're saying, in the interest of fairness, when they agreed to
tow City vehicles, free of charge, it was somehow with an understanding that, in fact, they would get a boost
in their towing rates, which they've not had for a number of years, and the indication was ninety dollars
($90). And that's what they're asking. All right. If its eighty-eight, I'm sure, you know, they're not going to
argue about that.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I think the discussion by the City Commission was
that the Commission would allow for a slight increase...
Chairman Plummer: Here, here. Here, we've got the expert. Mr. Moe?
Officer Moe: Yes, sir.
Chairman Plummer: On Item 34, I have...
Mr. Donald Warshaw (City Manager): All right. I'm told they are asking for an increase, so let's get it on
the record.
Chairman Plummer: They're asking for an increase in the amount of — be of the tows, OK? And indication
given to me was — I don't know about the others — that they were on Miami Beach is ninety or ninety-five
dollars ($95); Dade County is ninety or ninety-five; somebody was a hundred. That the indication was that,
if they towed all city tows, free of charge, that there would been be an increase in their towing fee to offset
of approximately ninety dollars ($90).
116 October 12, 1999
Officer Moe: That's correct. That was what was discussed last time. And the proposed fee last time was
sixty-eight and that was raised to seventy-two dollars ($72).
Chairman Plummer: All right. But — I mean — I don't think it's fair that if they've agreed to do the towing of
all the City vehicles — and I don't know how many that involves — that if it was agreed upon they would do
that in lieu of getting a raise to ninety dollars ($90), I don't know how you can backtrack now.
Mr. Warshaw: We're not objecting to it. There's no objection.
Chairman Plummer: OK. So, then, Mr. Moe, I assume you will change your RFP (Request for Proposal) so
that that would be whatever is needed in the RFP? I assume. Please, help me out.
Officer Moe: Yes, it's included in there. The change is shown on the...
Chairman Plummer: The change is shown up to the ninety?
Officer Moe: Yes.
Chairman Plummer: All right, sir. Fine. Thank you. That's all that — I didn't put this on the agenda, by the
way.
Officer Moe: It's actually ninety-five. That's twenty-five City Administration.
Chairman Plummer: All right, sir.
Officer Moe: Yes.
Chairman Plummer: Whatever it is.
38. SCHEDULE EXECUTIVE SESSION CONCERNING BRICKELL°HEIRS T.-
Chairman Plummer: All right. Mr. City Attorney, request Executive Session concerning Brickell; et. al.
and the City of Miami, et. al. Mr. Gort.
Vice Chairman Gort: What did we do on 34?
Chairman Plummer: Thirty-four, they're changing the RFP so that, in fact...
Mr. Warshaw: RFQ (Request for Qualification).
Chairman Plummer: The City — all the city tows will be free.
Vice Chairman Gort: RFQ. OK. And the rates?
Chairman Plummer: Eighty-eight or ninety dollars ($90).
Vice Chairman Gort: OK.
Chairman Plummer: Which was agreed upon. Mr. City Attorney.
117 October 12, 1999
Mr..Alejandro Vilarello (City Attorney): This involves a litigation that was originally filed in 1988,
involves Brickell Park and the heirs to the Brickell — heirs of the Brickell family suing the City. I'd like to
call an executive -- I'd like the City Commission to call an Executive Session so....
Chairman Plummer: How much time will you need?
Mr. Vilarello: Not more than half an hour or forty-five minutes.
Chairman Plummer: All right. How about on the 26th of October we meet at 9 o'clock in a closed door
section?
Commissioner Teele: Nine thirty.
Chairman Plummer: No, 9:30 is ceremonial.
Commissioner Regalado: Nine thirty. Nine thirty.
Commissioner Teele: But he has...
Chairman Plummer: Nine thirty?
Commissioner Regalado: Nine thirty.
Chairman Plummer: Hey, makes no —you know, I'd make it 7 o'clock if I had anything to do with it.
Commissioner Regalado: No.
Commissioner Teele: Yeah, but J.L...
Chairman Plummer: Nine thirty it is. All right.
Mr. Vilarello: All right. The only individuals that will be available for that meeting are the City
Commission, myself, the Manager and/or the Mayor.
Chairman Plummer: All right. Did you understand that?
Commissioner Regalado: Yeah. Nine thirty.
Chairman Plummer: The only people in the closed door session will be the five Commissioners, the City
Manager, the City Attorney and, possibly, the Mayor.
Mr. Vilarello: One or the other.
Commissioner Teele: Not the Clerk?
Mr. Vilarello: Either the Mayor or the Manager. And, of course...
Chairman Plummer: The Mayor or the Manager.
118 1 October 12, 1999
Mr. Vilarello: ... any lawyers who represent you may be in a meeting.
J/
Commissioner Teele: What about the Clerk?
Mr. Walter Foeman (City Clerk): No.
Mr. Vilarello: The City Clerk cannot be in the meeting.
Chairman Plummer: Wait. Wait a minute. What is...
Mr. Vilarello: We'll have a court reporter.
Chairman Plummer: Whoa, whoa, whoa.
Mr. Foeman: You have to have a court reporter.
Chairman Plummer: What is this, "any lawyers that represent me?" Am I being sued, individually?
Mr. Vilarello: No, no. That represent the City.
Chairman Plummer: Oh, OK.
Commissioner Teele: What's the subject matter?
Chairman Plummer: The Brickell Park lawsuit versus the City — Brickell Heirs versus the City of Miami.
Commissioner Teele: When did the lawsuit controversy arise?
Mr. Vilarello: Pardon me?
Commissioner Teele: When did the controversy arise, from what year?
Mr. Vilarello: The lawsuit was originally filed in 1988.
Chairman Plummer: Yeah, about 10 years ago.
Commissioner Teele: Well, I ain't going to be there. I don't know anything about it, so there's no need for
me to show up for that.
Chairman Plummer: Yeah. Well, unfortunately, I do because one of the people...
Vice Chairman Gori: Why?
Mr. Vilarello: I need the City Commission's advice and direction.
Chairman Plummer: I have to recluse myself because one of the parties is related.
Vice Chairman Gort: I think J.L. is the only who was here. He's the one that should be there.
Chairman Plummer: Yeah, right. OK.
119 October 12, 1999
39. APPROVE TOWING CHARGES - REOUIRE TOWING -COMPANIES TO PROVIDE TOWING
SERVICE OF ALL CITY VEHICLES AT NO COST. (See section # 37)
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Yeah. Mr. Regalado.
Commissioner Regalado: I missed something. Going back to 34.
Chairman Plummer: Excuse me. Mr. Moe, don't leave.
Commissioner Regalado: Going back to 34. Officer Moe.
Chairman Plummer: Yeah, this is what I've got here. I stand corrected.
Commissioner Regalado: So, what are we doing here on 34?
Vice Chairman Gort: It's an RFQ (Request for Qualifications).
Commissioner Regalado: But what...
Chairman Plummer: All right.
Commissioner Regalado: ...modifications?
Chairman Plummer: What I —did you ever agree or consider ninety dollars ($90) for the company and that
twenty-five for the City extra? Was that ever a consideration?
Mr. Moe: That wasn't a consideration.
Chairman Plummer: OK.
Officer Moe: Right now it's sixty and twenty and the proposed is seventy, and twenty-five, which is
somewhat comparable to the study.
Chairman Plummer: But wait a minute. Now, you know, let's try to be fair here. You know, hopefully, I
never get towed but that's not the point. The point is, you're only raising from sixty to seventy dollars ($70)
for the company and, yet, you're going to be asking them to tow all of the City's vehicles? Is that fair? I
mean, I don't know.
Vice Chairman Gort: I thought we agreed to ninety.
Chairman Plummer: Well, we agreed to ninety but now they're saying that the City gets a twenty-five dollar
($25) fee out of this. So, they would only get 65, right?
Officer Moe: Commissioner, just to also explain that there are administration fee but that's not allowed until
after 24 hours, was raised from fifteen to twenty because that's been at 15 for some years and a good
majority of municipalities are twenty dollars ($20). That's just for an administration fee. Nothing to do
120 October 12, 1999
with the initial tow.
l/
Chairman Plummer:, Mr. Moe, as Commissioner Teele says, I'm not the best in the world with mathematics,
but if we go to ninety dollars ($90) and the City gets 25...
Officer Moe: Ninety-five.
Mr. Donald Warshaw (City Manager): Seventy and twenty-five.
Mr. Alejandro Vilarello (City Attorney): Commissioner, if can?
Chairman Plummer: All right. All right. I'll buy that. All right.
Mr. Vilarello: The towing agency rate would be increased from 68 to 70?
Chairman Plummer: They get two bucks.
Mr. Vilarello: That's my recollection of the City Commission's discussion on the issue. It goes from....
Mr. Warshaw: Sixty-eight to seventy.
Mr. Vilarello: ...sixty-eight dollars ($68) to 70.
Chairman Plummer: They're getting two dollars and they're going to turn around and have to tow all the
City vehicles.
Mr. Vilarello: Within the City of Miami.
Chairman Plummer: That doesn't make sense to me. I'm sorry. All right. Have you sent out the RFP?
Officer Moe: No, it has not been...
Mr. Warshaw: RFQ.
Officer Moe: ... sent out.
Chairman Plummer: Then, hold it. Because this doesn't — look, for a contract to be good, it's got to be fair
both ways, all right? In my opinion, that's not fair.
Officer Moe: The City vehicles — in the past, what's happened is, one company has towed on a monthly
rotational basis for City vehicles. So, any City vehicles that would break down anywhere, one company
would be respond. The way we agreed in the meeting, with all the towing industry that agreed, that
wherever the City vehicle, within the City of Miami, broke down, whatever zone it was in, that company
would pick it up. So, one company wouldn't get saddled down with doing all those tows.
Chairman Plummer: Hey, they would be much better off of not agreeing to that and let the City pay them
the ninety-five dollars ($95).
Mr. Vilarello: The RFQ contains a condition under which they would be qualified to tow for the City. So,
if they didn't agree to it, they simply wouldn't be...
121 October 12, 1999
Chairman Plummer: Mr. City Attorney, I fully understand what you're saying. But to say to them, "we're
going to give you two dollars ($2) more per tow and you've got to tow all the City's vehicles in the City or
Dade County," sir, you're using a gun to their heads.
Officer Moe: No, no. Just the City.
Chairman Plummer: Just even the City.
Officer Moe: But, again, it's only going to be within that one zone, so it's not...
Chairman Plummer: Give me an idea. How many cars a year they tow, roughly? Hundred, two hundred,
three hundred, five hundred, a million?
Major Joseph Longueira: Fifteen hundred.
Chairman Plummer: Fifteen hundred cars a year they tow in the City of Miami.
Officer Moe: But it would be broken down...
Chairman Plummer: And they're going to be doing that for two dollars ($2)? Hell of a buy.
Officer Moe: No, it's actually — it was previously sixty.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: See, it was sixty-eight. I'm being told, now it's seventy.
Officer Moe: No, it was sixty under the old contract. We...
Mr. Warshaw: It was sixty. Went to sixty-eight/seventy. So, it's a ten -dollar ($10)...
Chairman Plummer: All right.
Commissioner Sanchez: Mr. Chairman?
Chairman Plummer: Hey, what does this Commission want to do?
Commissioner Sanchez: Well, it's...
Chairman Plummer: I think that you've got to be fair and if you're not, it ain't going to be working.
Commissioner Regalado: Of course.
Commissioner. Sanchez: Mr. Chairman, I don't think there's anybody up here that's going to arguing it has to
be fair. Now, Officer Moe?
Major Longueira: Commissioner, if I could just clarify. Under the old...
Chairman Plummer: Excuse me. I thought Commissioner asked for Mr. Moe. Now, Sergeant Longueira,
may we speak again to Captain Moe?
122 October 12, 1999
Commissioner Sanchez: No. Wait just a minute.
Mr. Warshaw: He's a major.
Commissioner Sanchez: The towing companies have agreed, under the process that you guys got together.
I mean, they agreed on that, correct? They've agreed on the terms that you put forward?
Officer Moe: We didn't actually discuss specific prices because we thought it might be improper in this
meeting. They just voiced their concerns as, again, to towing of the City vehicles and inflation, etcetera, and
then we sat down and came up...
Commissioner Sanchez: The total is ninety-five, right?
Officer Moe: Yes.
Commissioner Sanchez: We get twenty-five. They get seventy. Now, compare those rates to other cities. I
believe Key West is a hundred and ten..
Officer Moe: Yes. I have a...
Commissioner Sanchez: Miami Beach is ninety-five and some other cities are up there in the high numbers,
you know. It's — I believe that's fair.
Officer Moe: Correct, it is fair. But, again, the old contract was sixty dollars ($60) for them. The proposed,
from the last Commission meeting, was sixty-eight and, then, we raised it to seventy. That's how we got
from sixty to sixty-eight to seventy?
Commissioner Sanchez: I'm ready to move forward with it.
Chairman Plummer: Move forward. Make a motion.
Commissioner Sanchez: Motion to move.
Chairman Plummer: How much?
Commissioner Sanchez: Exactly what it- is, ninety-five, seventy and twenty-five. Just the recommendation
that the City's making. So moved.
Chairman Plummer: And they must tow all city vehicles in the City of Miami?
Commissioner Sanchez: In the City of Miami. They've agreed to it. Yes.
Chairman Plummer: No way I'll vote for that, but OK. You made a motion. Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: Seconded.
Commissioner Regalado: PIl second. But do we need people from the industry to make...
123 October 12, 1999
Ms. Lauraine Lichtman: I just have one question. The sur...
Chairman Plummer: For the record, when you ask your question, we like to know who you are.
Ms. Lichtman: I'm sorry, Commissioner Plummer.
Chairman Plummer: No, don't be sorry. Just tell me who you are.
Ms. Lichtman: Lauraine Lichtman, Mid -Town Towing...
Chairman Plummer: I've known it for years, but they don't know it.
Ms. Lichtman: ...5551 Northwest 72nd Street. The only question I have is the problem with this surcharge.
I need to understand it better. I have my checkbook. I have the tickets I have to pay. Is that going to be
added on? Is there going to be a surcharge?
Chairman Plummer: Yes. I think it's unfair. I think it's ridiculous but the City Attorney has ruled that it has
to be applied.
Mr. Vilarello: Let me just make sure that I clarify -that. It's with regard to...
Chairman Plummer: Storage...
Mr. Vilarello: ...the storage or the parking of the vehicles on the lot, that surcharge is applicable in that
case.
Ms. Lichtman: OK. Now, if you tow for different municipalities and they told you their County Manager,
like you would tell me, that I cannot, under their contract, charge their customers the surcharge, that means...
Mr. Vilarello: You can direct any of that correspondence to my attention and I'll be more than happy to
respond to them. Yes.
Ms. Lichtman: ...that I have to pay for it out of my pocket?
Mr. Vilarello: No, ma'am. The surcharge is applicable to the user. In that case, it would be whoever's
vehicle you tow and you would charge them that surcharge on parking of your parking storage rate.
Commissioner Regalado: Yeah. But what's she saying is...
Chairman Plummer: Wait, wait, wait, wait. Whoa, whoa, whoa. One at a time now. Commissioner always
has priority. Mr. Regalado.
Commissioner Regalado: What she's saying is that, if she tows somebody from Miami Beach and that
person would refuse to pay the surcharge and the company, whatever company, challenges that decision,
that she has to pay because the City would ask her how many cars she has on the lot. Is that what, basically
you're...
Ms. Lichtman: Basically, what I'm saying is, I tow for different municipalities. Most of them I put in my
northeast yard out of the City now. I put my City cars in my City lot. I tow for Metro -Dade County. I was
124 October 12, 1999
told by Metro -Dade County, I am not allowed to tack on to any of their customer's cars that surcharge. So.
what4 have to do now is —1 have the bills there — I have to pay it, if there's storage, out of my pocket. This
is where I'm getting confused. If the City...
Mr. Vilarello: My suggestion is that, if the County has told you that, please, bring that to my attention. I'lly
be more than happy to help you respond to that. Otherwise, you need to charge that surcharge on an
vehicle that goes into your lot.
Ms. Lichtman: I mean, I'm not charging them and I'm paying it, but they told me we're not allowed. Am I
right?
Chairman Plummer: OK. Do you wish to speak, sir?
Mr. Stanley MyKytra: Yes. Stanley MyKytra, Stan's Towing Service, 3075 Southwest 28 Street. For the
last two contract periods, we have been getting paid sixty dollars ($60) to tow vehicles; sixty for the towing
services; twenty fdr the City of Miami. It was consensus at the meeting we had with the Police Department
that the twenty dollar ($20) City administrative fee was a separate line 'item, not part of the tow. If we — if
you're increasing it to ninety dollars ($90), with a twenty-five dollar ($25), it's still part of the tow and it's
still not a separate line item.
Chairman Plummer: All right, sir.
Vice Chairman Gort: I'd like to ask him a question.
Chairman Plummer: A question of you, sir.
Mr. MyRytra: Yes, sir.
Vice Chairman Gort: My understanding, your contract, right now, you charge sixty dollars ($60)?
Mr. MyRytra: We charge eighty dollars ($80), of which twenty dollars ($20) goes to the City.
Vice Chairman Gort: And you keep sixty?
Mr. MyRytra: Right.
Chairman Plummer: All right. The motion...
Mr. Manuel Gonzalez-Goenaga: My clarification is, why...
Chairman Plummer: Name, please.
Mr. Gonzalez-Goenaga: Boom -Boom, Bam-Barn or whatever, Mr. Plummer.
Chairman Plummer: Boom -Boom.
Mr. Gonzalez-Goenaga: Or Boom -Boom. Mr. Gonzalez-Goenaga. My clarification is, why does the City
needs the towing, free of charge, when we change constantly a new fleet of brand new cars? If it were for
Boom-Boom's car, it's understandable because mine is since 1984. But we get a new fleet here and rental
cars and all of that, I think that's — you see, there are so many things that confuses my mind, you see. I
125 October 12, 1999
would like to have a clarification on this issue.
.0
Chairman Plummer: Yes. Come next year and we'll give it to you.
Mr. Vilarello: Commissioner, just...
Chairman Plummer: All right.
Mr. Vilarello: ...for the record
Chairman Plummer: For the record.
Mr. Vilarello: The base rate for towing. agency, under this RFQ, is seventy dollars ($70), and the City
administrative charge, which is a separate line item, is an additional twenty-five dollars ($25).
Chairman Plummer: What difference does it make? It's still ninety-five.
Mr. Vilarello: Yes, sir.
Chairman Plummer: OK. There's a motion on the floor and duly seconded. Call the roll because there will
be a negative vote.
[AT THIS POINT, THE CITY CLERK BEGAN ROLL CALL]
Chairman Plummer: OK. Mr. Teele, do you wish to vote? There's a two -two tie. The motion on the floor
is for the wrecker services to be able to charge a total of ninety-five, twenty-five goes to the City for
administrative and twenty — seventy to the towing company.
Vice Chairman Gort: No. My understand...
Chairman Plummer: And they have to tow all of the City vehicles...
Commissioner Teele: But what's the alternative?
Chairman Plummer: More money.
Commissioner Teele: No. How much is it now?
Chairman Plummer: Right now sixty and twenty, which is eighty.
Commissioner Teele: And it's going to ninety-five?
Chairman Plummer: And the City will get twenty-five and seventy.
Commissioner Teele: And how much is the City getting now?
Chairman Plummer: Twenty.
Commissioner Teele: So, we're going to only get, five dollars ($5)?
126 October 12, 1999
Chairman Plummer: The City will get five dollars ($5) more. They will get ten dollars ($10) more.
Mr. Vilarello: And free towing services within the City of Miami.
Chairman Plummer: Free tows. And then fifteen hundred tows a year that they've now going to be forced
to do.
Commissioner Teele: And what was the vote?
Mr. Foeman: Two -two.
Chairman Plummer: Two -two.
Commissioner Teele: Who voted which way?
Chairman Plummer: Don't tell him.
Commissioner Teele: It's a public record.
Chairman Plummer: We'll send you a copy of the minutes next week. It's Regalado and Plummer voted
against and the other two voted. -
Vice Chairman Gort: And the other two.
Chairman Plummer: ... voted
Commissioner Teele: Sorry, Tomas. I vote yes.
127 October 12, 1999
The -following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-769
A MOTION APPROVING THE FOLLOWING TOWING CHARGES:
(A) BASE FEE TO.TOW A VEHICLE: $70
(B) CITY ADMINISTRATIVE CHARGE: $25
(C) TOTAL FEE: $95;
FURTHER REQUIRING TOWING COMPANIES TO PROVIDE THE
SERVICE OF TOWING ALL CITY VEHICLES WITHIN THE CITY
LIMITS AT NO COST TO THE CITY.
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.
NAYS: Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
ABSENT: None.
40.. DISCUSS SCHEDULING OF --EVENTS AT'CITY .FACILITIES - -HEALTH SAFETY/SECURITY
CONCERNS - POLICE-RIOT:GEAR ..'VAN -VAN CONC. ZEN R-AVE'CONCERT.
Chairman Plummer: All right. The next item I'm going to take up is the item of events in City facilities.
Mr. City Attorney? After this one, before we go to the blue, I'm going to take up the zoning matter.
Commissioner Regalado: Can I — Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Now that we...
Commissioner Teele: Mr. Chairman, did you say after the blue?
Commissioner Regalado: Before the blue.
Commissioner Teele: Yeah. I really think the public should come ahead of...
Chairman Plummer: That's what I'm doing. Mr. Manager, I thought the blue was always supposed to be
last.
Commissioner Regalado: I...
Chairman Plummer: Well, let's get going because Mr. Gort and I both have to leave at 5 o'clock. Go ahead.
128 October 12, 1999
Commissioner Regalado: OK. This issue has to do with the scheduling of events at City facilities and
although it was deferred from the September 28, it's very timely that it's in the agenda. And I would like to
ask the City Attorney — I would like to tell the City Attorney that three members of this Commission were
present at the Miami Arena or the Miami Arena grounds, along with the City Manager, Saturday night,
Commissioner Sanchez, Gort and myself. And the reason that we were there is because there was a rally
and there was a very controversial concert and the City of Miami did several legal moves to avoid having
that concert at the Knight Center but we ended up at the Miami Arena. Why we did that? I don't know yet.
Because, after all, that's, indirectly, City property. My recollection of Saturday night is a very sad one
because we saw City of Miami Police in riot gear throughout the world and the name Miami on it and just
by a miracle, nothing serious happened but people were arrested. Six, I understand. And people were hurt,
none seriously. I don't have to tell you guys what went on. But I'm afraid that, by the next concert, which is
being announced for December, we are going to be in harm's way because both sides were defiant that night
and I'm sure that we are giving both sides more time now to be more proactive and defiant. So, my question
to you, Mr. City Attorney, is, can we approve — if that is the will of the Commission — an ordinance that
would say that any event that would endanger the health and the safety of the residents and properties of
Miami can be prohibited because of safety reasons? Can we prohibit any event — do we have the power to .
prohibit any event that could be a potential crisis for the City of Miami, according to the Police Department,
according to Community Relations Board from the County or the City? Is that...
Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I'm a little concerned about how broad that
ordinance is stated. However, I would like, now that we have the experience of a Saturday evening events,
to be debriefed slightly by the Chief but not completely on just the events that took place and, perhaps, the
best approach would be that we have a real and specific concern about life, safety, welfare of the citizens,
either attending such an event or exercising their constitutional right to protect against such an event, to seek
a court injunction to prohibit the event, if there are such specific, articulated problems protecting the safety
of individuals either attending the event or attending a protest of an event.
Commissioner Regalado: I mean, the only difference of people not getting killed was that what — some of
the objects that were thrown were plastic. If they were glass, people would have been injured. There were
some. But my concern is that this was a very publicized, politicized and passionate event and now we're
told that both sides have until December to prepare. I mean, just to think of what is going to happen. I
mean, I don't think that people on both sides left happy or they just realized that they did what they had to do
and go home. These people are going to come back and more people are going to come back. And I'm...
Chairman Plummer: All right.
Commissioner Regalado: And, you know, Chief and the City Manager — I mean, the City Manager was
there and the City Manager told me that we needed the riot police and he's an expert. So, I have to take his
word.
Chairman Plummer: All right. Mr. City Attorney. I'm sorry. Mr. Gort asked to be heard. Mr. Gort.
Vice Chairman Gort: Let me ask you a question. About a month ago we had that concert that took place
here in Key — in Dinner Key. What was the name of the...
Chairman Plummer: The Rave.
129 October 12, 1999
. ' 1 a
Mr. Vilarello: Rave Concert.
J1
Vice Chairman Gort: And we stated, because of the event that took place — I think it was overdose and
people and so on. We passed a resolution, I think, requesting that if that event was to take place again, we
would need to have additional police officers because of what takes place in here. Now, my question to this
— and the biggest complaint that we get from the residents of the City of Miami is, why do we have to pay
for everybody? And that's a problem that we have. I mean, the expansion to the suburbs, we pay by
providing the land for the expressway and it's property that we take off ad valorem taxes and that's why
we're having the problem that we have. My question would be, if we — you, as a police — as an expert, you
know when the problem is going to be created because the track record has been there and it happened in the
past. You, more or less, not going to know how many officers you're going to need to make sure that we
don't have any major incidents, like Saturday. I think that it was created both by — the demonstrator did a
good job. Nobody was hurt and it was very minor injuries taking place. If we can add that charge to the
promotion — to the promoters of the event.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Just to elaborate a little bit on what my fellow Commissioner Gort has said. You
know, I think that we would be venturing into unchartered waters if we decide to come out — flat out and
say we're not going to allow any such events like those. Of course, events such as the Zen Fest and
Van -Van was something that was not a good image for the City of Miami because we have to respect both
sides' rights. Now, violating people's constitutional rights — both parties have the right, one, to come and
play and the other one to demonstrate. So, I think that, from a legal point of view — and I am not an attorney
— I think that we must be very, very careful to open up those doors because I think we're going to be
challenged in court through many organizations that come out and flat say "you're probably the first city
that's probably going to challenge those events." But I'll tell you one thing that we need to do is, if people
want to come and they want to promote these type of events — and they do have the right to do = I think that
we should implement that they're the ones to be responsible for paying for the security and that may deter
some people from doing it. But flat out, I don't think that we have any legal bounds or any legal right to tell
people that they can't express themselves or they can't hold a concert or — you know, the KKK (Klu Klux
Klan) could come and march or, you know, any organization that wants to come out. If I'm against it --and I
think that people have the right to be against it but, you know, this is American and people have the right to
do it. So, the only thing that I think we would have a legal say in maybe saying is, you know, let them pay
for the overtime in the Police Department. Let them pay for the Firefighters or the Rescue that's going to be
on standby.
Commissioner Teele: Mr. Attorney?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Attorney.
Mr. Vilarello: I want to address the issue of the additional security. The user of the facility did, in fact, pay
for enhanced security, enhanced security that was requested by the Police Department and was provided by
the Police Department. The problem area is when we have individuals who wish to exercise their First
Amendment rights of protest, charging those individuals for the enhanced security because of that. In other
words, the protesters who protested against the concert...
Commissioner Teele: Did we charge them?
130 October 12, 1999
Mr. Vilarello: No, sir, you did not and you should not, as they are simply exercising their First Amendment
rights. We can regulate time, place and manner but we can't require them to provide a cost of the security
associated with their free exercise of their First Amendment rights.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele has the floor.
Commissioner Teele: On the issue. I really think that this is an issue that we should not take up in the heat
of the aftermath of this demonstration. I think it's extremely emotional. I think it's a very sensitive issue and
I think we need to let cooler heads prevail. Someone needs to read the oath of office that we take, as
Commissioners. And I want to commend the police officers, who did their job. Those, particularly,
Hispanic police officers who did their job to protect -the rights of those persons speaking. 1, as an Army
officer, in the aftermath of Dr. King's assassination, was called upon to go to Detroit and to put down civil
unrest, and that's a very difficult and a very painful process when you are — when you sympathize and
empathize with the people that are demonstrating and, in these cases, breaking the law and, yet, you're called
upon to do your duty. And 1 think our police officers deserve a badge of honor. I think we should provide
citations and, perhaps, a special declaration for all of the police officers who have done this. But I want to
say this: There are five people elected to uphold and defend the Constitution of the United States in the
State of Florida. Six of us, actually, including the Mayor. Particularly, the Mayor. And I've got to tell you
something. Some of the rhetoric and some of the debate almost crosses the constitutional line of protection.
I demonstrated, as a County Commissioner, against the Klu Klux Klan when they marched on Miami
Beach, but I absolutely defend the right of the Klu Klux Klan to be there on Miami Beach some five or six
years ago. And I think there is a clear line, an oath of responsibility that we, as elected officials, take that
we can't be a part of the -crowd that is basically disregarding the constitutional rights. I think the discussion
about fees in this moment — and I have great respect for Commissioner Regalado, who's brought this issue
forward. Personally, I think it's well-known that I have a tremendous admiration and respect, but I think that
discussion has a very chilling effect on our constitution. I really do. And I really believe that to continue to
discuss this issue, could give rise to a whole another set of energy that we need to try to respect our
constitution on. Commissioner Plummer, one final point on this. I have it on very good authority that, at
least, three or four communist Mayors will be here in the next two or three weeks. In fact, the newspapers
in Nicaragua are full of the discussion on the fact that there will be communists here that are Mayors, and I
would hope that Mayor Carollo and this Commission would show the dignity and civility and honor that we
give all the other democratically -elected Mayors, as well as the communist and socialist Mayors that come
to this city, the same mementos, the same accolades, the same ovations, the same letters of appreciations or
citations that we would give everyone else. Democracy. Our best evidence of democracy is our freedom of
expression and our respect for the other person's point of view. In Cuba, you don't have the opportunity to
respect another person's point of view. And I call upon Mayor Carollo to give the same proclamations and
mementos to the communist Mayors that come here, as he does to all of the other democratically -elected
Mayors. I think we need to be mature and I'm certain that Mayor Carollo will respect those communists
when they come. Thank you.
Chairman Plummer: All right. Can we move on?
Commissioner Regalado: Just one brief question. You know, I understand what Commissioner Teele has
said. I agree what he was saying, not on the communist Mayors, though, but on the issue of the concert and
the First Amendment. The problem, this is not about the First Amendment. What I'm saying is that, I was
sworn to protect and respect the laws of the City of Miami, State of Florida, and the Constitution but this is
not about First Amendment. This is us protecting the safety, the health of the citizens and the residents of
Miami. And, Chief, I really trust your judgment. If you tell me that you don't think that, in December, we
131 October 12, 1999
are going to have something more, like we had on Saturday...
I
Chairman Plummer: All right. I think your question should go to the City Attorney, who is...
Commissioner Regalado: No. But — I mean, I'm trying to get the feeling from the expert here because you
had your people there. You have Roman and you have Mayor and they handled the situation very well. If
you ask me, it was a very bad public relations decision for the purpose of the cameras to have the riot police
just in front of the Miami Arena sign because it was the exact shot that they would get, but that's something
that nobody could thought about 'it.
Chairman Plummer: All right.
Commissioner Regalado: But, Chief, come December, what do you think is going to happen? I mean
Chairman Plummer: He doesn't have a crystal ball.
Commissioner Regalado: No, no, no. But he does have intelligence. He had his people there before, after
and during the concert.
Chief William O'Brien: Chief O'Brien, Miami Police Department. Let me just say a couple of things. First
of all, I think the men and women of the Miami Police Department did an incredibly good job at that arena
and looking at it and going back and saying what might we have done differently, I don't see anything. I
think they did a tremendous job. Regarding the protective gear, I don't like the image that that created
either, but when it comes down to putting protective gear on and protecting our officers and giving a bad
image, I'm going to take that first option of protecting our officers. The last point: I anticipate, if there is a
concert in December, we'll have even more demonstrators than we had at this event, yes.
Chairman Plummer: OK.
Commissioner Regalado: Thank you. That's what...
Vice ChainmanGort: I only have one question, J.L.
Commissioner Regalado: So, having said that — J.L., you know, we have responsibility. I just want to —
because I know — I have two hats and one of the hats, I get a lot of heat on the radio and TV (Television).
Chairman Plummer: Oh, I understand that.
Commissioner Regalado: And I'm telling you, I agree with him. There are going to be more people there
and what are we going to do? So, that was my question for the City Attorney...
Chairman Plummer: What I would suggest to you is to go to Bayfront Park, which the Police Department
helped me establish at Bayfront Park, and based on the number of people, "x" number of policeman are
required. If alcohol is being served, "x" more policemen are involved and you set up a scenario that says
that there are limits that where you take and kick in your different amount of police officers. Mr. City
Attorney to close the issue.
Mr. Vilarello: Commissioner, I think the issue of the number of individuals is misdirected because, of
course, that's directed in an event that takes place in the facility and has a number of people attending and
you provide police services based on that amount. I do understand Commissioner Regalado's question. He's
132 October 12, 1999
not attacking the ability of the individuals to play at the venue. Simply asking me to address the life/safety
issues and how we can address...
Chairman Plummer: That is correct, sir.
Mr. Vilarello: ... that in the form...
Vice Chairman Gort: Mr. Chairman, I have to leave.
Mr. Vilarello: ... of some level of injunction.
Chairman Plummer: Mr. Gort to close.
Vice Chairman Gort: My understanding is...
Ms. Mary Hill: May I say something?
Chairman Plummer: This is not a public hearing, ma'am.
Vice Chairman Gort: My understanding is...
Ms. Mary Hill: Thank you.
Vice Chairman Gort: ...the determination of how many police officers you're going to utilize, it depends on
the event itself and the amount of the individuals that will be attracted to each event. Because Calle Ocho,
you get 'Y' amount of people because Calle Ocho is a regular festival but you don't set up the same standard
because you might have a lot of young people, you have alcohol and you have gang and you have special
squad that we have to pay for and so on. We, the Kiwanis, do. So, my understanding is, you determine the
amount of police officers you need, according to the — so, that's one of the criteria. Just want to make sure
we keep that in mind. Thank you.
AT THIS TIME THE COMMISSION TABLES CONSIDERATION OF THE REGULAR AGENDA
TO CONSIDER PLANNING AND ZONING AGENDA ISSUES.
41.. APPROVE :SPECIAL: EXCEPTION TO ALLOW PARKING LOT. AT: APPROXIMATELY 2235
S.W. -8 .STREETrAND;2230/2240/2250 S.W..7 STREET (applicant:.Carlos'Torres. de Navarra for Little
Havana Mia mi,.Incj
Chairman Plummer: OK. We are now on PZ-1. PZ-1 is approximately 2235 Southwest 8th Street, 2230,
2240, 2250 Southwest 7th Street. It is with a Planning Department denial but, of the City Planning and
Zoning Board, it's approval, with conditions. What are the conditions?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): The conditions are, per plans on file...
Chairman Plummer: Excuse me, ladies and gentlemen. We have a meeting to conduct. I would ask for
courtesy to prevail to the speakers. What are the conditions?
Ms. Slazyk: The conditions are that a Unity of Title be submitted; that it be constructed per plans on file
and that they get a permit within one year.
133 October 12, 1999
Chairman Plummer: Do you agree to the conditions?
Unidentified Speaker: Yes, sir.
Chairman Plummer: Is there a motion?
Mr. Joel Maxwell (City Attorney): Mr. Chairman, the motion would be to affirm the decision of the Zoning
Board, with the conditions below and as set forth here.
Chairman Plummer: And they have accepted it. OK. Moved by Sanchez. Seconded by?
Commissioner Teele: Second.
Chairman Plummer: Teele. Any further discussion? This is a resolution. All in favor say "aye."
The Commission _(Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-770
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 6, SECTION 612, SD-12 SPECIAL BUFFER OVERLAY
DISTRICTS, TO ALLOW A SURFACE PARKING LOT TO SERVE
THE ABUTTING DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2235 SOUTHWEST 8T" STREET AND
2230/2240/2250 SOUTHWEST 7TH STREET, MIAMI, FLORIDA,
PURSUANT TO PLANS .ON FILE, AND SUBJECT TO THE
FOLLOWING: (1) A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A CERTIFICATION OF USE MUST BE
OBTAINED, AND (2) A UNITY OF TITLE MUST BE SUBMITTED.
134 October 12, 1999
(He;o 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado.
AT THIS TIME THE COMMISSION TABLES CONSIDERATION OF THE PLANNING AND
ZONING AGENDA TO CONSIDER REGULAR AGENDA ISSUES.
42. RATIFY, APPROVE, CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE
REOUIREMENTS FOR COMPETITIVE SEALED BIDS, APPROVE CONSTRUCTION FOR
REPLACEMENT OF SIDEWALKS AND CURBS IN DOWNTOWN CENTRAL BUSINESS
DISTRICT ($1,074,000); AUTHORIZE MANAGER TO ENTER INTO AGREEMENT; ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENT PROJECT AS APPROPRIATED BY APPROPRIATIONS
AND CAPITAL RvIPROVEMENTS ORDINANCE. (see section # 8)
Chairman Plummer: We're now back to the regular agenda of Item Number 2. Item 2 of the regular agenda.
Item number two was...
Commissioner Teele: Is that the only PZ item we have?
Chairman Plummer: That's the only one, sir. All right. Mr. Teele, Item 2 was the one that you raised the
questions on, in reference to sidewalks and curbs. Mr. Kay.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Kay has proffered that the emergency ordinance could be amended to include
inclusion of language that allows them to purchase off of Dade County Public Works contract, if more
advantageous. It would be up to them.
Chairman Plummer: Predicated on that, you move it?
Commissioner Teele: I would move it, Mr. Chairman.
Chairman Plummer: Seconded by Commissioner Gort. All — wait a minute. This is four/fifths. Call the
roll.
Commissioner Sanchez: So, you're going to piggyback off the County?
t 135 October 12., 1999
Commissioner Teele: If it's appropriate.
Commissioner Sanchez: If it's appropriate. OK.
Chairman Plummer: Yes.
Mr. Kay: If we can.
Vice Chairman Gort: It saves more money.
Chairman Plummer: Call the roll.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-771
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS, AND APPROVING THE
CONSTRUCTION FOR THE REPLACEMENT OF SIDEWALKS
AND CURBS IN THE DOWNTOWN CENTRAL BUSINESS
DISTRICT, NIIANII, FLORIDA, IN AN AMOUNT NOT TO
EXCEED $1,074,000; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 341135 AS APPROPRIATED BY
THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENTS ORDINANCE.
(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.
136 October 12, 1999
43. ,SECOND READING ORDINANCE: AMEND CODE 'SECTION 22-12, INCREASE SOLID
WASTE FEE FROM $216.00 TO $234.00 FOR FY 1999-2000. EFFECTIVE APRIL 1, 2000. (see
section`# 18)
Chairman Plummer: We're now on Item 11 and Item 11 was the Solid Waste Fee. I think, again, Commissioner
Teele, this was your item.
Commissioner Teele: Mr. Chairman, I would move the ordinance for second reading, which was approved on first
reading, debated and discussed and it includes...
Chairman Plummer: Wait, wait, wait. Why are we handing out all of this stuff here, please?
[INAUDIBLE RESPONSE]
Chairman Plummer: Thank you. Now I know. All right. I'm sorry, Mr. Teele. You move it on the second reading?
Commissioner Teele: On second reading, as amended. The amendments incorporate the changes that were agreed
upon by the Commission. The Attorney and the Clerk have gone over the...
Chairman Plummer: The minutes.
Commissioner Teele: The recording of the transcript of the discussion and this is what it says.
Chairman Plummer: Is there...
Commissioner Teele: I wish it could be rounded off to 35, 55, 75 and 95, but I'm advised that...
Chairman Plummer: Not to do it?
Commissioner Teele: Not to do it, by the Attorney, because it would require another reading.
Chairman Plummer: All right. Seconded by Sanchez. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE OF THE M AMI CITY COMMISSION AMENDING
SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, THEREBY INCREASING THE SOLID WASTE FEE
FROM $216.00 TO $234.00 FOR FY 1999-2000, EFFECTIVE APRIL 1,
2000; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
137 October 12, 1999
Passed on its first reading, by title, at the meeting of September 28, 1999, was taken up for its
second and final reading by title and adoption. On motion of Commissioner Teele, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Tomas Regalado
Chairman J.L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11845
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: We're now on the blue items.
Commissioner Teele: I would ask that the Manager be requested to make sure that they advise the
Oversight Board of this because it actually goes...
Chairman Plummer: They were a little shaky.
Commissioner Teele: Yes.
Chairman Plummer: All right. In the blue copies, there is nothing by the Mayor. There is nothing by. Mr.
Gort, but he does have a — Mr. Gort?
Commissioner Regalado: Eleven.
Vice Chairman Gort: Got a pocket item.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I just want to record my — on 11, record my vote as no, please.
Commissioner Teele: Which one is that?
Chairman Plummer: Record Mr. Regalado as no. Regalado and I both voted no.
Vice Chairman Gort: Where are we at?
Chairman Plummer: That's Item 11 on the Waste Fee.
138 October 12, 1999
. 0 . ,
44. APPROVE PURCHASE, INSTALLATION OF PLAYGROUND EQUIPMENT AT VARIOUS
CITY PARKS FROM VARIOUS VENDORS, UNDER EXISTING MIAMI-DADS COUNTY
CONTRACT ($223,067) - ALLOCATE FUNDS'FROM PARKS.DEPARTMENT AND IMPACT FEES
FROM CIP FUNDS APPROPRIATED UNDER ORD. 11748.
Chairman Plummer: Mr. Gort, you have a pocket item you want to bring up now?
Vice Chairman Gort: Yes, I do. Last week I went to visit the Allapattah Neighborhood Center, Community
Advisory Board, which is a group of neighbors and there's quite a few kids in there. There's a park on 21 st
Avenue and 19th Street. My pocket item is -- and the administration is aware of it -- we made certain
commitments to make some repairs and improve that park, which many of the families — being used. So,
I'm specifically requesting, immediately, the thirty thousand dollars ($30,000) for the playground to be
implemented as soon as possible.
Chairman Plummer: Motion made by Gort. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: And, also, there's some other parks that have to be done.
Chairman Plummer: All right. Seconded by Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 99-772
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE PURCHASE AND INSTALLATION OF
PLAYGROUND EQUIPMENT AND SITE FURNISHINGS AT
VARIOUS CITY PARKS FROM VARIOUS VENDORS, FOR THE
DEPARTMENT OF PARKS AND RECREATION, UTILIZING
MIAMI-DADS COUNTY CONTRACT NO. 4907-3/98, AT A TOTAL
AMOUNT NOT TO EXCEED $223,067; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF PARKS AND
RECREATION FY 1999-2000 OPERATING BUDGET, AND IMPACT
FEE FUNDS APPROPRIATED FOR CAPITAL IMPROVEMENT
PROJECTS, PURSUANT TO GENERAL APPROPRIATION
ORDINANCE NOS. 11705, AS AMENDED, AND 11839.
139 October 12, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
45.. ENDORSE 'SUBMISSION 'OF _.APPLICATION : TO -STATE . -DEPARTMENT OF
. TRANSPORTATION: (FDOT) FOR $251000;000 GRANT,,. TO; `PAY: FOR. 'TWO. WAY STREET
CONVERSION .-FOR -FLAGLER .STREET, ``S.E. '2. STREET, . 'SE. •,2 _ AVENUE, S.E. 4 STREET
:(BISCAYNE BOULEVARD WAY), .BISCAYNE. BOULEVARD, -S.E: ' 3 . STREET, AND - S.E. 3
AVENUE, WHICH .REQUIRE REALIGNMENT:OF--ONE.BLOCK'OF'METRO-MOVER MAIN LINE
AND CONSTRUCTION OF METRO -MOVER -TRANSPORTATION:: STATION - IN NECESSARY
RECOMMEND ANDAUTHORIZE CITY TO BECOME CO -APPLICANT. =
Chairman Plummer: I have two pocket items, I think. The first one is a resolution of — Mr. Gort, this really
should be ours instead of mine.
[AT THIS POINT, CHAIRMAN PLUMMER READ RESOLUTION INTO THE PUBLIC RECORD]
Chairman Plummer: I so move.
Commissioner Teele: Second, Mr. Chairman.
Chairman Plummer: Second by Mr. Teele. All in favor say "aye."
The Commission (Collectively): Aye.
140 October 12, 1999
_ 117
The.following resolution was introduced by Chairman Pl'umindr, who moved its adoption:
RESOLUTION NO. 99-773
A RESOLUTION OF THE MIAMI CITY COMMISSION
ENDORSING AND RECOMMENDING THE SUBMISSION OF AN
APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") FOR A $25 MILLION GRANT TO
COVER COSTS RELATED TO A TWO-WAY STREET
CONVERSION FOR FLAGLER STREET, SOUTHEAST 2ND
STREET, SOUTHEAST 2' AVENUE, SOUTHEAST 4' STREET
(BISCAYNE BOULEVARD WAY), BISCAYNE BOULEVARD,
SOUTHEAST 3RD STREET, AND SOUTHEAST 3RD AVENUE,
MIAMI, FLORIDA, AND THE REALIGNMENT OF ONE BLOCK OF
THE METRO -MOVER MAIN LINE AND CONSTRUCTION OF A
METRO -MOVER TRANSPORTATION STATION TO ACCOMPLISH
SAID CONVERSION; AUTHORIZING THE CITY MANAGER TO
REPRESENT THE CITY OF MIAMI AS A CO -APPLICANT FOR
SAID GRANT, IF DEEMED APPROPRIATE AND NECESSARY;
AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF
THE FILING OF SAID APPLICATION.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
46.'URGE MIAMI-DADE COUNTY AND STATE.OF FLORIDA.TO EXPEDITE INVESTIGATION
AND PROCESS- NECESSARY TO INSTALL .A .:TRAFFIC SIGNAL AT..INTERSECTION OF
.BRICKELL AVENUE AND S.E. 14 STREET.
Chairman Plummer: All right. I have another item. A resolution of the City of Miami Commission —
basically, it's the same.
[AT THIS POINT, CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
141 October 12, 1999
. k ,
Chairman Plummer: Mr. Manager, this is absolutely an item that has got to be done for the relief of getting
cars out of that area east of Biscayne Boulevard, between 8th Street and 15th Road. If we don't do this. sir.
we are going to quagmire there that's going to be unbelievable. is there a second to the motion?
Commissioner Sanchez: Second.
Commissioner Teele: Mr. Chairman, not only do I second it, but I would also ask that it be amended to be
delivered to the WO (Metropolitan Planning Organization) — at the next WO meeting.
Chairman Plummer: All right, sir. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 99-774
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING MIAMI-DADE COUNTY AND THE STATE OF FLORIDA
TO EXPEDITE THE INVESTIGATION AND PROCESS
NECESSARY TO INSTALL A TRAFFIC SIGNAL AT THE
INTERSECTION OF BRICKELL AVENUE AND SOUTHEAST 14TH
STREET, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY
MANAGER TO FACILITATE COMPLETION OF THE APPROVAL
PROCESS; AND DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, 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
142 October 12, 1999
47. 'BRIEF COMMENTS RE PROPOSED KEEP KIDS DRUG FREE TOY RUN. (See section # 51 and
# 53)
Chairman Plummer: I have one final item, which I thought I took care of, Mr. Manager, at the last meeting,
which was the American Motorcycle Association for the — regarding of the kids' toy run. And that was the
use of the Orange Bowl parking lot. I thought we took care of that.
Mr. Donald Warshaw (City Manager): I think you're right. I'm not sure why it's back on the agenda.
Chairman Plummer: All right. It's in December. So, if there's any problem, we can come back at the next
meeting, but you'll check with Christina?
48. DISCUSS RE BODY WORK GARAGE FOR CITY VEHICLES REQUEST FOR PROPOSALS.
Chairman Plummer: Mr. Gort, you have a second item?
Vice Chairman Gort: This item I'd like to bring since it's a City of Miami vendor, which is Molina Garage. _
My understanding, one of the reasons he was not able to participate in the RFP (Request for Proposal) that
went out because, my understanding, he never received it. I want to see.if there's anything that can be done.
This is a City of Miami vendor that has worked for us before and worked for the City before it. Is there
anything that we can do on this?
Chairman Plummer: This is in reference to towing.
Vice Chairman Gort: No, not towing. This is a garage repair.
Chairman Plummer: Oh, garage. I'm sorry. I stand corrected.
Mr. Donald Warshaw (City Manager): OK.
Chairman Plummer: All right.
Vice Chairman Gort: It should be included in the...
Chairman Plummer: You know, please. People are flooding me here at the last minute with paperwork
now. No, no, no, not you. I've got another one here. Budget effective date, Save Our Seniors. That's on the
supplemental.
Mr. Warshaw: That's just information you asked for that.
Chairman Plummer: We're not there yet. All right. Sir, what could I do for you?
Mr. Robert Molina: Well, I talking about Molina Garage.
Chairman Plummer: All right. It's already gone over to the Manager. All right. Mr. Sanchez, Workmen's
Comp.
Commissioner Teele: Mr. Chairman?
143 October 12, 1999
Chairman Plummer: Mr. Teele.
Commissioner Teele: May I just inquire? What's the problem with Molina? That's the only one in my
district.
Chairman Plummer: They didn't make the deadline.
Vice Chairman Gort: Didn't make the deadline, so we want to make sure theyincorporate it.
Commissioner Teele: What's the deadline?
_ Mr. Molina: That's for the body shop, also.
Commissioner Teele: For the body shop?
Chairman Plummer: It's repair.
Vice Chairman Gort: Name and address.
Mr. Molina: The address, 2091 Northwest 7th Avenue.
Commissioner Teele: What's the problem? I don't understand.
Chairman Plummer: The problem is...
Vice Chairman Gort: My understanding is, Mr. Molina did not receive the documentation to fill out for the
Request for Proposal or Request for Qualification and that's the reason why he did not send it in with the
deadline. What I'm asking is, since it's a City vendor, that they give him the opportunity — he's been doing
business with the City for a long time — for the management to look into it and to make surd that we can get
him back in into it.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele
Commissioner Teele: I would ask the attorney, do you have an opinion?
Mr. Alejandro Vilarello (City Attorney): I have. I've seen a copy of this letter. However, I have not been
briefed on exactly the timefiame and whether or not this is a material or non -material way — issue that we
can waive. I'll be more than happy to look into it with the Manager.
Commissioner Teele: When did it close?
Mr. Warshaw: We're going to have to find out, Commissioner. This is the first I've heard of it.
Mr. Vilarello: Generally speaking, Commissioner, if it is a material problem, the City Commission does
have the right to reject and require that the item be resubmitted. No. As I have been advised, it's not come
before the City Commission yet.
144 October 12, 1999
Chairman Plummer: All right. Well, you'll bring it back at the next meeting.
JI
Mr. Warshaw: I'll find out.
Chairman Plummer: Bring it at the next meeting.
Commissioner Teele: When were they due?
Mr. Warshaw: Just based on his note, it's obviously closed, because he wrote, "I didn't receive the biding
papers for November'99." So, I'm assuming that it's closed. But we'll try to find out before we leave.
Commissioner Teele: Have they been received?
Chairman Plummer: Nobody really knows, Art, right now.
Commissioner Teele: Yes. But we all know — I mean, why do this three or four times? We know that, if
somebody doesn't make a bid, that is material — I mean, you know, that's a matter of law. It is material if
they don't submit a bid on time. So, I would move — I would second Commissioner Gort's motion to reject
all bids and to start the process over again and give them an opportunity.
Mr. Vilarello: Commissioner, the only caution I have is, I really don't — you're correct, as a matter of law,
this Commission has that right. However, I don't know what the time issues are for the administration and
they best address that.
Chairman Plummer: Has it been awarded?
Mr. Vilarello: No, sir.
Commissioner Teele: No. They haven't even evaluated him. That's why there's no prejudice. But once you
start evaluating, a prejudice occurs.
Mr. Raul Martinez (Assistant City Manager): Commissioner, it is my understanding, it has to been
scheduled to be in front of the Commission yet. To set up a rotation list of body work to be done to City
vehicles. There is — from me reading — remembering the memo that's coming to you, there were like five
companies, but I'm not sure.
Commissioner Teele: This isn't the towing. This is the body work.
Mr. Martinez: No, no. This is body work...
Chairman Plummer: Repair.
Mr. Martinez: ...for, you know, city vehicles.
Chairman Plummer: It would seem reasonable, you'd come back to this Commission with the facts at the
next meeting. We're all talking in realms.
Commissioner Teele: You're right, Mr. Chairman.
Chairman Plummer: And, you know, all I ask is, at the next meeting, you come back with all of the facts
145 October 12, 1999
and, then, we'll act on it, accordingly.
r. -
Vice Chairman Gort: By the way, Mr. Chairman, I would like to compliment the Procurement Department
because I know they have followed up maybe there was — this was missed by somehow in their follow-up
because most of the time, they want to know why they responded.
Chairman Plummer: And, Mr. Gort, if it's possible, I'm sure they'll do what they can.
Vice Chairman Gort: Right.
49. STATUS REPORT RE ABUSE OF WORKERS' COMPENSATION PRIVILEGES.
Chairman Plummer: Mr. Sanchez on Workmen Comp.
Commissioner Sanchez: Mr. Chairman, once — I have two items on the Commissioner's — one of them is
concerning the Workmen's Comp issue and, once again, an update. I want to inform you that...
Chairman Plummer: An update on Workman's Comp.
Commissioner Sanchez: When we started and we picked up the red flag on this, it was two thousand seven
hundred ninety-four open claims. We're down to two thousand one hundred and ninety-three. However,
during the fiscal year, October I st through September 30th of this year, we were able to close one thousand
three hundred and seventy-three cases. That's an excellent job. And I'd like to commend Risk Management
for doing such a good job. And I'm starting to see some incline — some increase in open claims, which we
have opened seven hundred and seventy-one new claims. And I'd like the Risk Management to explain why
are we going back up on the open claims.
Chairman Plummer: All right. You also have an item of Southwest 8th Street into a two-way road.
Commissioner Sanchez: Yes, sir. We'll get to that one.
Mr. Mario Soldevilla (Risk Management Administrator): In reality, what happened this last month is that
we did show a positive increase in the — because of the number of new claims that were opened versus the
ones that were closed. Principally, for that, is that there are certain reports that I need to obtain during the
month, so that I can see — go back and be able to close claims. Those were really deferred until the next
week because of the closing of the fiscal year, that.I had some reports that needed priority over that. So, I
believe that you will see a decrease the next time that I bring this item up.
Commissioner Sanchez: So, what is the exact number that we're at now with closed cases?
Mr. Soldevilla: The total number that we closed were one thousand three hundred and seventy-three. The
total number of claims that we have actually open is two thousand one hundred and ninety-one.
Commissioner Sanchez: All right. Let me just go down the list here. We have Police Department with...
Chairman Plummer: Excuse me: Do we have an officer that can ask that everybody outside please be quiet.
If you must have a private meeting, please do it outside of the front door. Thank you.
Commissioner Sanchez: The current open claims right now, by department in total,.the Police Department
146 October 12, 1999
has a thousand forty open claims. That's forty percent of the pie. Fire has five hundred and sixty open
claims. Twenty-six percent of the pie. Solid Waste, three hundred and twenty-nine. Fifteen percent of the
pie. Parks, fifty-eight open claims. Three percent of the pie. Public Works, twenty-four open claims. One
percent of the pie. GSA (General Services Administration), sixty-eight cases. Three percent of the pie.
And all others, a hundred and twelve. Five percent of the pie. With a total open claims of two thousand one
hundred and ninety-three...
Mr. Soldevilla: Ninety-one, yeah.
Commissioner Sanchez: ... open claims.
Mr. Soldevilla: Correct.
Commissioner Sanchez: OK.
50. DISCUSS POSSIBILITY OF CONVERTING.S.W..8 STREET.INTO'TWO-WAY ROAD.
Chairman Plummer: All right. Mr. Sanchez, regarding...
Commissioner Sanchez: Thank you.
Chairman Plummer: ... converting Southwest 8th Street into two-way road.
Commissioner Sanchez: Mr. Chairman, we have seen, in recent months, articles that have come out in
newspapers and, also, we had a meeting over at the River End, where we brought in — I forgot the
gentleman's name, but he's very, very involved in economical growth and what we could do to better a
community. And one of the suggestions that was brought forth was the discussion of turning Southwest 8th
Street into a two-way street, as we've seen many, many shopping areas, like Miracle Mile, which is a
two-way street, and some other — like Coconut Grove, also a two-way street. And one of the biggest
arguments made was that downtown area — people that work in downtown that travel the trail go to work in
the morning. Therefore, when they're on their way to work, they don't have time to stop and shop or do
anything. Just maybe buy coffee. On the way back, they take 7th Street or they take 6th Street, which goes
westbound. So, therefore, as a Commissioner of that district and of one that has been laboring very hard to
try to pick up what'we call Little -Havana or Calle Ocho Economic Growth, I think that it would be prudent
if Calle Ocho or this administration and the City administration look into whatever studies could be done to
find out what would be best for that area. And I -think that the two-way street is something that would
benefit not only the merchants, but also the traffic, as well as the economy in the area. Just to add to
something of great significance. I have walked the area and talked to many of the merchants. They believe
it would be good for the businesses. We have also contacted Florida Department of Transportation — I
forgot the gentleman's name — and said that it would not be so hard to turn 8th Street into a two-way street.
It could be done very cheaply. And I just want the administration or direct the City Manager to look into
seeing what we can do to turn Calle Ocho into a two-way street, which I think will be a great significance to
the improvement of our economy.
Chairman Plummer: Thank you, Mr. Sanchez. Mr. Kay, as you know, that part of Southwest 8th Street is
also in my district and it came up the other night, at a meeting of the guard houses, that the real crux of the
big problem of Southwest 8th Street is at Brickell Avenue. That intersection of Brickell Avenue and
Southwest 8th Street is a nightmare and, so, it was asked that, if possibly, that that was where they were
asking that Southwest 8th Street be made two-way, and I think it's a legitimate request coming from the
147 October 12, 1999
other Commissioner.
y
51. AUTHORIZE USE OF ORANGE BOWL PARKING LOT BY VILLAGE AND THE LATIN
AMERICAN MOTORCYCLE ASSOCIATION RE KEEP KIDS DRUG FREE TOY RUN. (see sections
# 47 and # 53)
Chairman Plummer: Mr. Manager, you're saying that the area that I had with the motorcycles for the toy run
on Christmas was not approved?
Mr. Donald Warshaw (City Manager): It's never come up, or has it?
Chairman Plummer: All right. Well, it did come up.
Mr. Warshaw: It hasn't been approved.
Chairman Plummer: All right. I'd like to make a motion, at this time, that they be granted the use of the
Orange Bowl parking lot just for a staging area, to make their run to the village and to Robert Clemente
Park. Seconded by Mr. Gort. And, of course, there would be no charge, I'm assuming, Mr. Manager, for
just use of the staging?
Mr. Donald Warshaw (City Manager): That's correct.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.99-775
A MOTION AUTHORIZING THE USE OF THE ORANGE BOWL
PARKING LOT (FREE OF CHARGE) AS STAGING AREA IN
CONNECTION WITH A PRESENTATION BY THE VILLAGE AND
THE LATIN AMERICAN MOTORCYCLE ASSOCIATION
REGARDING THE KEEP KIDS DRUG FREE TOY RUN.
[Note for the Record- This motion was later rescinded by Motion 99-777.]
148 October 12, 1999
UpGa being seconded by Vice Chairman Gort, the inotioh 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.
52. PLACE NOTICE (AD) IN NEWSPAPER(S)'AND BROADCAST ANNOUNCEMENTS ON NET 9
IDENTIFYING- PROVIDERS WHO - HAVE EXECUTED -COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENTS WITH CITY.
Chairman Plummer: Mr. Regalado, you only have...
Commissioner Sanchez: Mr. Chairman, thank you for addressing my items.
Commissioner Teele: Before you go to Mr. Regalado — you've gone right down the line. You're not going
to jump over me, J.L., with all due...
Chairman Plummer: Well, sir, I'm going to the blue copies, is what I'm on.
Commissioner Teele:. No. You were gone to pocket items before. Now, you're going...
Chairman Plummer: I'm on...
Commissioner Teele: I'd like to read my pocket items in, if you don't mind?
Chairman Plummer: Please do, sir.
Commissioner Teele: This is a resolution...
Chairman Plummer: Is it any different than the one that we have here on Winn Dixie?
Commissioner Teele: No, this — that is a discussion item.
Chairman Plummer: All right.
Commissioner Teele: A resolution of the City of Miami directing the City Clerk to publish a notice in a
newspaper of general circulation and other publications, as determined by the Clerk, identifying the
providers that have executed Commercial Solid Waste Franchise Agreements with the City of Miami. Said
notice to be published two times per week.for two weeks; further directing the City Manager to instruct the
Director of Office of Media Relations to broadcast informational announcements on NET 9 at the beginning
of each month, identifying the said providers. Mr. Chairman, this would only let the public know who are
149 October 12, 1999
the legal, legitimate franchise permitted and, I think, it was something we agreed upon but we never did it as
a park of that. And I understand the management...
Chairman Plummer: Moved by Mr. Sanchez. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-776
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY CLERK TO PUBLISH A NOTICE IN A NEWSPAPER(S)
OF GENERAL CIRCULATION IN THE CITY OF MIAMI, FLORIDA,
AND ANY OTHER PUBLICATIONS AS DETERMINED BY THE
CITY CLERK, IDENTIFYING THE PROVIDERS WHO HAVE
EXECUTED COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENTS WITH THE CITY OF MIAMI, SAID NOTICE TO BE
PUBLISHED TWO TIMES PER WEEK FOR TWO WEEKS;
FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF THE OFFICE OF MEDIA RELATIONS TO
BROADCAST INFORMATIONAL ANNOUNCEMENTS ON NET 9
AT THE BEGINNING OF EACH MONTH TO IDENTIFY SAID
PROVIDERS.
(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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado.
Commissioner Teele: It was moved by Teele. Seconded by Sanchez.
Chairman Plummer: Correct.
150 October 12, 1999
53. RECONSIDER PRIOR MOTION AND REAFFIRM AUTHORIZATION TO USE ORANGE BOWL
PARKING .LOT BY VILLAGE AND THE LATIN AMERICAN MOTORCYCLE ASSOCIATION RE
KEEP KIDS DRUG FREE TOY RUN. (See sections # 47 and # 51)
Chairman Plummer: All right. I'm sorry, Mr. Teele. I have to backtrack. The City Attorney's on my case. 1
cannot make a motion. I would ask one of you, please, make a motion in reference to the motorcycles.
Commissioner Teele: I would make — I'd be pleased to make any motion, even though you didn't mention
insurance and all the other stuff that other firms — other organizations have to deal with. But I'll be happy to
do it.
Chairman Plummer: I thank you, sir.
Commissioner Teele: As long as it...
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? It's unanimous.
The following motions were introduced by Commissioner Teele, who moved their adoption:
MOTION NO.99-777
A MOTION TO RECONSIDER PREVIOUS VOTE TAKEN ON
MOTION 99-775, WHICH HAD AUTHORIZED THE USE OF THE
ORANGE BOWL PARKING LOT (FREE OF CHARGE) AS A
STAGING AREA IN CONNECTION WITH A PRESENTATION BY
THE VILLAGE AND THE LATIN AMERICAN MOTORCYCLE
ASSOCIATION REGARDING THE KEEP KIDS DRUG FREE TOY
RUN.
MOTION NO.99-777.1
A MOTION AUTHORIZING THE USE OF THE ORANGE BOWL
PARKING LOT (FREE OF CHARGE) AS A STAGING AREA IN
CONNECTION WITH A PRESENTATION BY THE VILLAGE AND
THE LATIN AMERICAN MOTORCYCLE ASSOCIATION
REGARDING THE KEEP KIDS DRUG FREE TOY RUN
151 October 12, 1999
Upon being seconded by Vice Chairman Gort, the motions were 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.
54. ESTABLISH POLICY: RELATED TO NOT -FOR -PROFIT.! -ORGANIZATIONS WHOSE
RECORDS ARE NOT SUBJECT TO FLORIDA SUNSHINE LAW ORYLORIDA -PUBLIC RECORDS
LAW (1) RESTRICT USE OF CITY PROPERTY OR•EQUIPMENT.AND/OR CITY EMPLOYEES
(ON OR OFF -DUTY) FROM PROVIDING- PAID OR_- :PRO: ':BONO'`'SERVICES, UNLESS
ORGANIZATION -PROVIDES FUNDS FOR, COST �OF SAME;(2) PROHIBIT GRANT OF ANY FEE
WAIVERS OR FUNDING TO SAID ORGANIZATIONS. •(see section # 4-B)
Chairman Plummer: All right. Mr. Regalado.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: My other pocket item is a resolution of the City Commission directing the City
Manager to establish a policy, effective immediately, relating to any not -for -profit organizations, whose
records are not subject to the Florida Sunshine or the Florida Public Records Laws by one, restricting the
City of Miami employees, on or off -duty, from providing paid or pro bono services to or for any such
organization, unless the organization is providing funding for the cost of services of off -duty employees
from the Department of Police, Fire Rescue, Sanitation, and any other department; and, secondly, restricting
the use of City property and equipment, unless the organization is providing funds for all costs associated
with said use; and, three, prohibiting the grant or any fee waivers of funding as they relate to said
organizations. Mr. Chairman, this resolution merely says that, if you are doing business with the City of
Miami as a not -for -profit, your books must be open. What was that lady's name? I mean, the — there was a
famous case, Tony — what was the guy's name, the kid? Where the money was all going south, a
not -for -profit? But, in any event, famous case in Florida, young man in Miami, that millions of dollars were
raised and — what was the name of it?
Unidentified Speaker: Desillers.
Commissioner Teele: Desillers. The Desillers case. This is a parallel to the Desillers' case. The courts
there ruled that you must make public your contributions, if you're couching yourself as a not -for -profit. I
don't know why that same logic doesn't relate. But the point here is that no organization should raise money
in the name of the City of Miami or be connected with the City that does not let the public know who the
contributors are and make record — make public their records. Essentially, off -duty police officers, off -duty
fire and sanitation and any other services may perform and may work, provided they are paid for by that
organization, not by the City or not as an inkind or et cetera. And that's the only proviso that is in there, that
152 October 12, 1999
basically restricts the City from providing pro bono services for any organization that does not make their
books public for the purpose of the Sunshine Law. I would so move, Mr. Chairman.
Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Chairman Plummer: There is a second. Under discussion? Mr. Gabriel, you wish to discuss.
Mr. Tom Gabriel: Tom Gabriel, Miami Association Fire Fighters, 2980 Northwest South River Drive. It
appears to me that an item such as this, that may or may not affect the working condition of the employees,
is best, at least, to be in writing before the public to be reviewed by the Labor Relations Officer and to say
what we can or cannot do, either on duty or off duty, whether it is currently offered by the City, certainly
starts to step on the bounds of negotiations and working conditions, et cetera. It is very hard to say if it does
without seeing it beforehand. And, also, I would ask is that this item be reduced to writing, that we can
review it.
Commissioner Teele: Mr. Gabriel, you apparently didn't hear the first. This is a resolution of the City
Commission directing the City Manager to establish in writing a policy. So, you know, you and the Labor
Unions would be free to deal with the Manager on that policy. We're not writing the policy. We're only
setting it, in the broad terms, and the Manager would reduce it to writing for your edification and benefit.
But, again, this has nothing to do with Labor Relations. This has to do with public policy, that we can say
right here and now, we're not going to do business with cities that do with business with Castro; we're not
going to do business with certain — I mean, you all aren't objecting to that. Does that affect Union policy?
The answer is, no. The City Commission has a broad latitude in deciding who we're going to do business
with. And all this simply says is, if you are a not -for -profit — and it could be the Martin Luther King
Parade; it could be the Calle Ocho Parade — and you're not prepared to make your books public, you can't
get freebies from the City; you can't get to use our equipment, like we do — we go out and we put sound
stages up frequently — unless you're prepared to make your books public to the City. or to — not to the City,
but to the public.
Mr. Gabriel: Unless I'm mistaken, I did hear you say something along the lines of whether they were on or
off duty. Once you start dealing with...
Commissioner Teele: The reference to on and off duty deals with the fact that, if an organization chooses
not to make their books public and they choose to contract for off -duty police officers or -off -duty fire, they
would not be subject to this policy.
Mr. Gabriel: OK. Again, it's in the details that we're concerned with.
Chairman Plummer: Mr. Cox, do you wish to comment?
Mr. Charlie Cox: Yes. I can't remember - number one, I can't remember one time, in the last 12 years, that
we've ever asked for any services from the City of Miami, pro bono.
Commissioner Teele: No, no. This is the organization. This has nothing to do with the Union. It has to do
with the organization.
Mr. Cox: Our organization, is the union.
153 October 12, 1999
Commissioner Teele: No, not your organization. Calle Ocho, you know, the Miami Film Festival.
r
Commissioner Sanchez: Non profits.
Commissioner Teele: Not -for -profits.
Mr. Cox: OK.
Commissioner Teele: Not your labor unions.
Mr. Cox: OK.
Chairman Plummer: All right. Motion is on the floor. Duly seconded. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-778
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO ESTABLISH A POLICY, EFFECTIVE
IMMEDIATELY, RELATING TO ANY NOT -FOR -PROFIT
ORGANIZATION WHOSE RECORDS ARE NOT SUBJECT TO THE
FLORIDA SUNSHINE LAW OR FLORIDA PUBLIC RECORDS LAW
("ORGANIZATION") BY: (1) RESTRICTING ANY CITY OF MIAMI
EMPLOYEE (ON OR OFF -DUTY) FROM PROVIDING PAID OR
PRO BONO SERVICES TO OR FOR ANY SUCH ORGANIZATION,
UNLESS SAID ORGANIZATION IS PROVIDING FUNDING FOR
THE COSTS OF SERVICES OF OFF -DUTY EMPLOYEES FROM
THE DEPARTMENTS OF POLICE, FIRE -RESCUE, SANITATION,
AND ANY OTHER CITY DEPARTMENT; (2) RESTRICTING THE
USE OF ANY CITY PROPERTY OR EQUIPMENT, UNLESS SAID
ORGANIZATION IS PROVIDING FUNDING FOR ALL COSTS
ASSOCIATED WITH SAID USE; AND (3) PROHIBITING THE
GRANT OF ANY FEE WAIVERS OR FUNDING AS THEY RELATE
TO SAID ORGANIZATIONS.
154 October 12, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort
55. DISCUSS JOB TRAINING, RECRUITMENT AND'H RING FROM THE OVERTOWN AREA AS
REQUIRED IN THE SALE OF LAND'FOR THE NEW WINN DIXIE SUPERMARKET — AUTHORIZE
CITY MANAGER TO GRANT FP&L EASEMENT:SUBJECT TO CONDITIONS REGARDING FIRST
SOURCE HIRING ARRANGEMENTS. :
Chairman Plummer: Mr. Teele, you want to go ahead and take your discussion item?
Commissioner Teele: Mr. Chairman, thank you very much. Mr. Chairman, there is a long discussion and a
transcript and I understand that the department has had discussions with Winn Dixie. I also recognize that
Winn Dixie has a very distinguished representative here and if the department, Ms. Jones and the
representative could come forward. Mr. Chairman, you'll recall that when we, over the objections of the
Mayor of the City of Miami -Dade County and over the objections, quite frankly, of a number of people,
when we made available for private entrepreneurialship activities, the old jail at 1100 - 1155 Northwest 1 lth
Street, which is right over there near 12th Avenue, we put certain conditions on Winn Dixie. Among those
conditions, which were agreed to -- and I've provided a transcript — whether the City would support and
provide a first.source hiring agreement for the employees of the Winn Dixie. Now, apparently, there's been
some discussion about the construction, in that construction is about 95 percent completed. You all didn't
agree to that, apparently, and you all did not use our first source hiring in the hiring of people at the
construction site. But, clearly, the agreement or the discussion, as a condition, related to the hiring 'of
people from the contiguous areas, which are primarily the area known as Overtown, as well as some of the
areas of Allapattah. I would just like to know from the staff, do we have an agreement with Winn Dixie and
what are the problems? And I, specifically, ask Ms. Dena Bianchino — and I apologize for crunching that
name up — to make the economies of the City available because I think it makes good business sense and
economic sense in that that is an empowerment zone, to give preference to hiring people from the
empowerment zone, where there can be job credits or tax credits or something of that nature. And 1 think it
would-be very informative if we would put this on the record. I'm just at a quandary to try to understand
why Winn Dixie isn't giving, you know, free bags of groceries to our Work Force Development Office and
to indigent city ... because we're going to save you a lot of money if you work with us. So, Ms. Jones, could
you just enlighten us? Do we have an agreement with Winn Dixie?
Ms. Jonie Jones -Harris (Assistant Director, Office of Work Force Development): No, Commissioner Teele,
we do not. Jonie Jones -Harris from the Office of Work Force Development.
Commissioner Teele: What's the opening date — the estimated opening date of the store?
155 October 12, 1999
Ms. Jones: They're estimating to open in November.
Commissioner Teele: In November?
Ms. Jones: Three weeks.
Commissioner Teele: In three weeks?
Mr. Santiago Echemendia: Mr. Teele, can I speak to the discussion for a second?
Commissioner Teele: I would very much like to hear from you.
Mr. Echemendia: Santiago Echemendia.
Commissioner Teele: And I really appreciate the work that you've done in trying to clarify the issue.
Mr. Echemendia: Thanks, Mr. Teele. Santiago Echemendia, 201 South Biscayne Boulevard. There was
some confusion with the department, in that, initially, I believe the department was under the misimpression
that we were, during the construction phase, also going to be engaging the first source hiring program. And
we had some discussions with them last week and disabused them of that notion that, indeed, there is their
misimpression that there wasn't an agreement and we had to do something prior to the initial hiring. We
showed them and explained to them that, during the discussion on the approval of the contract for purchase
and sale, Commissioner Teele asked that a first source hiring provision be incorporated into that agreement
and that provision is Chapter -- paragraph 31 of the contract for purchase and sale and that language, which
we believe is our agreement with the City, relative to first source hiring, states that relative to the initial
hiring of store employees, we will engage the Department of Work Force — the first source hiring program.
And we met with them last week and indicated to them that we would be happy to comply, that we have an
existing provision that was negotiated with staff, which we're first to initial hiring, wanted to discuss the
procedure, and were presented by the department with an agreement that goes way beyond that, that has
penalties of twenty-five thousand dollars ($25,000) for default, that, in some instances, we believe, is
inapplicable, that gives them access to our records and so, to the extent that we already have an agreement
that was negotiated, that is part of our contract, which we reaffirm we are going to comply with, we don't
believe that there's any reason to enter into this further, agreement, which we believe is quite onerous.
Indeed, if you recall, Commissioner Teele, we're not- even subject to the first source hiring provision. This
isn't the procurement of services, et cetera.
Commissioner Teele: Now, hold it now. Hold it, hold it.
Mr. Echemendia: We voluntarily agreed.
Commissioner Teele: No, no, no, no, no. Wait a minute now.
Mr. Echemendia: And are willing to agree.
Commissioner Teele: On November 26, 1997 - Mr. Teele speaking - "for the record, Mr. Chairman" -
Chairman Hernandez - "and members of the Commission, my intent is to ensure that we move forward with
welfare reform and that Winn Dixie become a partner with us in providing jobs for people that are currently
on benefits and citizens and residents of the City of Miami." Mr. Manager, I ask that the first source hiring
agreement be made a part of the contract and, for the record - on and on and on. Mr. Quinn Jones — "Mr.
156 October 12, 1999
Jones: Excuse me. What we'll have to do, with the Commission's approval is, that will be added." Mr.
Jones, again. Mr. Attorney, speaking on the record, "the contract will be amended to reflect that. I spoke
with Mr. Cardenas, who is the Winn Dixie's attorney. He indicated that Winn Dixie doesn't have a problem
with that. So, with the Commission's blessings, we will amend it to include that." Mr. Teele: "Is. that
satisfactory to Winn Dixie, Mr. Chairman? May I inquire?" Chairman Hernandez: "Of course." Now,
there is a Mr. Labrit, who is a representative of Winn Dixie, the senior real estate. He comes forward.
"Yes, Commissioner Teele, it, is satisfactory." Now, look, you know, was this contract amended to reflect
the first source agreement, Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): The purchase and sale agreement, I have an unsigned copy before
me. But in paragraph 31, refers to first source hiring agreement and within the text of it, it requires that the
purchaser comply with the first interview and consider for employment persons referred by Miami Jobs
Program under its first source hiring program. However, as I understand it, a first source — that's a purchase
and sale agreement.
Commissioner Teele: Well, let me say this. The only point that I want to make to the Manager - and, Mr.
Manager, you weren't here. Mr. Attorney, you weren't here. You know, a lot has happened. This happened
in November 26 of 1997. I was elected, I think, November 4 of 1997. But I can tell you this. I have always
maintained that we're going to have to find work for the citizens of this City, first and foremost. Now, is
there any disagreement that you all are willing to hire people under the first source hiring agreement from
within the area that this store is in?
Mr. Echemendia: Not at all, Mr. Teele. And, Commissioner Teele...
Commissioner Teele: Would you all be willing to sign, such an agreement on the hiring of people to work in
the store?
Mr. Echemendia: We believe we have an agreement, pursuant to your request, and we would be willing to
go even further than that agreement and state that -Winn Dixie would proceed in good faith to comply the
four elements - the four points that are set out in the letter that was sent to Gwendolyn Warren earlier today,
which actually goes beyond the existing agreement that we have. When I mentioned - Mr. Teele, if I could
just correct myself for a second or just clarify the record. When I indicated that we weren't initially subject
to first source hiring, strictly under the ordinance, we're not. You're the one that, in an abundance of
caution, wanted to bring us into the loop on first source hiring and we voluntarily agreed and...
Commissioner Teele: But you know what's so crazy...
Mr. Echemendia: ...entered into the contract provision.
Commissioner Teele: ...about this agreement? You know what's so crazy about this agreement? What's the
minimum wage right now? Five fifty, five...
Commissioner Sanchez: Five seventy-five.
Ms. Warren: Five seventy-five.
Commissioner Teele: Five seventy-five. What's — who's the brilliant economist for the City of Miami?
Who's the guy or the woman...
Vice Chairman Gort: The guy with the glasses.
157 October 12, 1999
Commissioner Teele: Where's the guy with the brown horn rim glasses?
Chairman Plummer: He went to Harvard.
Commissioner Teele: No, seriously. Erdal, we spent a lot of money sending you around the world on these
schools to figure out this stuff for us. What's the answer? How much tax credit could Winn Dixie get by
hiring people on welfare from the empowerment zone?
Mr. Erdal Donmez (Director, Real Estate & Economic Development): They can get...
Commissioner Teele: Your name for the record and your title and...
Mr. Donmez: For the record, Erdal Donmez from Real Estate and Economic Development Department.
Commissioner Teele: You need to get some horn rim glasses. You know, make you look official.
Mr. Donmez: Thank you, sir. The minimum credit is fifteen hundred dollars ($1500) and it could be as
much as twenty-six hundred dollars ($2600) a year, per worker, between the empowerment zone and
enterprise zone, you know, program.
Commissioner Teele: So, if they hired a hundred people from the empowerment zone, they could get as
much as how much, a quarter of a million dollars ($250,000)?
Mr. Donmez: That's correct. If it's a qualified, you know, employee, yes.
Commissioner Teele: If it's a qualified employee.
Mr. Donmez: There are some...
Commissioner Teele: And this area that we're talking about has an unemployment rate — do you know what
the unemployment rate is in the area we're talking about? What's the unemployment rate in Dade County?
Five percent, sixpercent, right?
Mr. Echemendia: That is correct.
Commissioner Teele: Four point seven, four point - I mean - so, do you know what the unemployment rate
is in Overtown? Do you have any idea, really?
Mr. Echemendia: I don't. Commissioner Teele...
Commissioner Teele: Would you believe if I told you,10 percent?
Mr. Echemendia: If you told me, I would believe it, yes, sir.
Commissioner Teele: Would you believe 20 percent?
Chairman Plummer: You're stretching it.
Mr. Echemendia: I'm not really sure.
158 October 12, 1999
Commissioner Teele: Would you believe 30 percent?
Mr. Echemendia: I'm not sure what the unemployment rate is, Commissioner.
Commissioner Teele: It is about 50 percent unemployment. Five zero percent. Now, you know, it doesn't
make sense to have nine thousand people in this area. Forty-five hundred of them or so or more, whatever
the job age number. It would be less than that if you assume half of them are in the job market. It doesn't
make sense to have two thousand people unemployed when you all could make a quarter of a billion dollars
($250,000,000) just employing and training people. Do we have training money to work with them? Can
we front the training money?
Ms. Warren: Gwendolyn Warren, Department of Community Development. Yes, we can. There's more
than...
Commissioner Teele: I mean, can we finance — could we select — could we go out here right now and say,
we're going to pretrain a hundred people...
Ms. Warren: Commissioner...
Commissioner Teele: ...for this store?
Ms. Warren: ...we have...
Commissioner Teele: And can we finance the training, one hundred percent, without even going to Winn
Dixie?
Ms. Warren: Yes. And we have made that...
Commissioner Teele: Could that be a part of an agreement?
Ms. Warren: We have made that offer. What Winn Dixie has put in writing is that they are — they do not
feel comfortable, although they said that they would abide by the intent of the first source hiring agreement,
which is to give us access to the job. They did not feel that they wanted to sign the agreement, which
required that they receive referrals from us. And that's in their own writing in May. Since that time period,
we have sent to them another copy of the first source hiring agreement and they refused to sign it. We asked
that they sign another one. We started renegotiations.
Commissioner Teele: You know, this is terrible. Winn Dixie is one of the great corporations in this state.
They have done more to support, historically, black colleges in this state, Bethune Cookman, Edward
Waters, Florida Memorial, than any single institution in this state, until Bill Gates came along the other day
and did what he did. What? He put up a billion dollars ($1,000,000,000) for minority education. 1 mean,
Winn Dixie has done so much for the last 40, 50 years. I mean, there wouldn't be a Bethune Cookman
today, as we know it, had it not been for the Davis family and Winn Dixie.
Mr. Echemendia: Commissioner Teele, let me reaffirm that we're intending on complying with the existing
agreement that we have with the City and, indeed, we haven't even started hiring yet. So, the agreement
hasn't even kicked in.
Commissioner Teele: Will you sign the first source Agreement?
159 October 12, 1999
Mr. Echemendia: We have an existing first source agreement that is in a contract for purchase and sale. For
the department to now turn around and present us with a 10-page agreement; which we have never seen
before and goes...
Commissioner Teele: When did you all get it?
Mr. Echemendia: I believe last week, when we met with them. That goes way beyond our existing
agreement. There is an existing contract provision, which governs first source hiring.
Ms. Warren: May 18, 1998.
Commissioner Teele: Well, why do we have all these Public Works people down there? You know, why
do we have — we got a whole team of Public Works people. Where's Public Works Department? We got a
whole team of people down there helping them get this store open. I mean, in the Bahamas they have
something called "Go Slow." That means you just go to work and you just sort of go slow about this thing.
They got mad at the Prime Minister the other day and his flight circled around in an FAA tower for two
hours, waiting on clearance to land. I mean, you know, I'm not suggesting, at all, that we go slow on Winn
Dixie. But it's a nice thought, maybe.
Chairman Plummer: Where are we, Mr. Teele? Are we going to close on this issue?
Mr. Echemendia: Just a second, Mr. Chairman.
Ms. Dena Bianchino (Assistant City Manager): Commissioner, can I add one thing?
Chairman Plummer: Mr. Teele has the floor.
Ms. Bianchino: I'd like to add a new piece of information that has not been discussed yet. We received a.
letter today from Winn Dixie asking for an easement across certain property that we own adjacent to the
store.
Commissioner Teele: Well, I tell you what.
Ms. Bianchino: Just wanted you to be aware that they are now requesting an easement from us.
Mr. Echemendia: Commissioner Teele?
Commissioner Teele: And they're entitled to the easement and we're entitled to a first source hiring
agreement. I mean, you know, look, Winn Dixie is a First Class company. Can't you all sit down and
agree? Where is Mr. Labrit?
Mr. Echemendia: He's up in Pompano Beach. Mr. Teele, what we'd like to do is, we can't start engaging
first source hiring until we get our Certificate of Occupancy. We can't do that until we get the FP&L
(Florida Power & Light) easement. So, we would request that the Commission approve the FP&L
easement, which is over the parking lot property, which we have a covenant over. It's going to be a parking
lot in perpetuity. That would allow us to get our CO (Certificate of Occupancy), so that we can commence
our hiring program. We'll continue to engage the department. We'll continue to comply with the existing
first source provision and I think we'll continue — there's an existing contractual language regarding first
source.
160 October 12, 1999
Commissioner Teele: Yeah, but once we give you the certificate -of occupancy, we don't have any leverage
at all.
Ms. Warren: And you refuse to sign the agreement.
Mr. Echemendia: I'm sorry? No, we. have an agreement under the contract for purchase and sale.
Ms. Warren: No, you do not.
Chairman Plummer: Excuse me. You know, we're talking here in circles and nobody is saying exactly.
You know...
Mr. Echemendia: Commissioner?
Commissioner Teele: ...it's very simple. Sandy?
Mr. Echemendia: Yes.
Chairman Plummer: You're either going to sign the first source agreement or I don't think you're going to
get the FP&L easement. It's just that -now, you can talk all daylong.
Vice Chairman Gort: You're not going to get it.
Chairman Plummer: You can beat a dead horse, but you're either going to sign it or we're going to have a
"go slow." Now, you've got your choice.
Mr. Echemendia: No. Commissioner — Commissioner Teele, this is really you because it's — through the
Chair to you because it's your discussion item. Firstly, Winn Dixie is a good, corporate citizen, as you say.
Chairman Plummer: All right. I'm about to call time on you, OK?
Mr. Echemendia: OK. The bottom line is, we'll relocate the easement, if we have to. It will be at a
tremendous expense.. However, we feel that...
Chairman Plummer: We're trying to save you the money.
Mr. Echemendia: We feel that we've complied with the contractual provisions and intend on continuing to
engage in first interviews, through the department, as is required under your ordinance and under the
provision of the contract. To now disable us from going forward and not to give us an FP&L easement
because the department is presenting us with a contract that goes way- beyond what was contemplated by the
original...
Commissioner Teele: You know what I'm going to do? I'm going to...
Chairman Plummer: Sandy, you said that four times.
Commissioner Teele: I'm going to be very fair. You know, I'm going to tell you something. Winn Dixie is
a great company and I believe there's got to be 'a snafu here. I'm going to move that the Manager be
authorized to issue you the easement, subject to him being comfortable with the first source hiring
161 October 12, 1999
arrangements. I'm not going to even use the word agreement that you made. But I'm going to also ask the
Manager -- it's up to the Manager. I'm also going to ask the Manager to advise me, if you're not comfortable
— and I want the Clerk to make a copy of this record. And I'm going to personally go to Jacksonville and
meet with the Davis family about this matter, if it's not done properly.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Commissioner Teele — and I'll second the motion.
Chairman Plummer: The motion...
Vice Chairman Gort: And the reason I'll second the motion. If you look at the location of that Winn Dixie
— one of the reasons we pushed it and we approved it, because we thought the need for economic
development, not only in Overtown, but the whole area. That will cover Overtown, Wynwood, Allapattah,
Jackson Hospital and businesses. Let me tell you. We have hired and trained individuals, former homeless,
and they're doing a great job. People can be trained and they need a chance. And let me tell you. They
need it in those neighborhoods.
Chairman Plummer: All right. There's a motion on the floor. All in favor of the motion 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.99-779
A MOTION AUTHORIZING THE CITY MANAGER TO ISSUE A
FLORIDA POWER AND LIGHT EASEMENT FOR THE PROPOSED
NEW WINN-DIXIE SUPERMARKET SUBJECT TO THE MANAGER
BEING COMFORTABLE WITH THE FIRST SOURCE HIRING
ARRANGEMENTS MADE BY WINN DIXIE; FURTHER
DIRECTING THE MANAGER TO ADVISE COMMISSIONER
TEELE AND THE OTHER MEMBERS OF THE COMMISSION, IF
HE IS NOT COMFORTABLE WITH SAME; AND FURTHER
DIRECTING THE CITY CLERK TO PROVIDE THE COMMISSION
WITH A COPY OF THE VERBATIM TRANSCRIPT OF THIS ISSUE.
162 October 12, 1999
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.
AT THIS POINT, THE COMMISSION TABLES CONSIDERATION OF THE REGULAR AGENDA
IN ORDER TO CONSIDER ITEMS FROM THE SPECIAL MEETING AGENDA.
56.. AUTHORIZE DEPARTMENT 'OF ,OFF-STREET -PARKING. 7O "RETAIN COUNSEL ($25,000).
(See Sections 1 and 3)
Chairman Plummer: Mr. City Attorney, you said you had to bring up an item.
Mr. Alejandro Vilarello (City Attorney): The Executive Director of the Department of Off -Street Parking,
after this morning's discussions, has requested that I ask this City Commission for authorization for the
department to retain bond counsel' for the Department of Off -Street Parking on the issue of the abolishment
of the...
Chairman Plummer: You recommend it?
Mr. Vilarello: Yes, sir. If they request it and he'll seek gratification from his board, I'm obligated...
Commissioner Teele: Well, why should they require...
Mr. Vilarello: Well, if they request it, I'm obligated.
Commissioner Teele: We're the ones who need bond counsel, not them. I mean, I don't have an objection to
them hiring a lawyer, but'I do have an objection to them hiring bond counsel because the bond counsel
ought to be working for us, not them, on this issue.
Mr. Vilarello: This is their request to retain their counsel to address the issue -from the Department of
Off -Street Parking.
Commissioner Teele: I would move that they be authorized to retain counsel, but not bond counsel, and that
the City will retain bond counsel on the matter.
Chairman Plummer: All right. There's a motion made by Teele.
Commissioner Sanchez: Second.
163 October 12, 1999
Chairman Plummer: Seconded by Sanchez. All in favor say "aye."
.I
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-780
A RESOLUTION OF THE, MIAMI CITY COMMISSION
AUTHORIZING THE CITY ATTORNEY TO ENGAGE A
QUALIFIED LAW FIRM TO PROVIDE LEGAL BOND COUNSEL
SERVICES TO ASSIST IN THE CITY'S ANALYSIS OF BINDING
BOND INDEBTEDNESS AS IT RELATES TO THE CITY
COMMISSION'S DELIBERATIONS CONCERNING THE
DISSOLUTION OF THE DEPARTMENT OF OFF-STREET
PARKING ("DOSP"); ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $25,000, FROM DOSP'S GENERAL
OPERATING BUDGET FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mr. Vilarello: That should be limited to an amount not to exceed twenty-five thousand.
Chairman Plummer: That's now included in the motion. Mr. Regalado, you're on the blue copy, sir. I'll be
back.
Commissioner Regalado: Thank you. Mr. Manager, I.have to defer because the Manager asked me that the
director of one office is ill. So, I'll defer several issues. One: The discussion on the Media Relation.
164 October 12, 1999
57. REJECT LETTERS OF INTEREST RE PARKING SURCHARGE COLLECTIONS — AUTHORIZE
NEGOTIATIONS WITH REVENUE RECOVERY SERVICES AND OTHER INTERESTED
PARTIES.
Commissioner Regalado: I have, Mr. Chairman and members of the Commission, an issue that we
discussed earlier and it has to do with revenues and it has to do with the process of the parking surcharge. I
am giving the members of the Commission, the City City and the Manager a letter that I received in regards
to a proposal from Revenue Recovery Service to collect the parking surcharge for the City of Miami. And
the reason I'm introducing this — and we heard from Bertha and I don't know if Judy -- is because I found
something very interesting, that they would guarantee the first year nine point five million dollars
($9,500,000). Now, this may be too good to be true but this is a very respected company and I really think
that this will Save Our Seniors in terms of our budget. So, if I can have — I received the letter from Lucia
Dougherty. So, when I got it, I really was interested when I read the mention of nine — a guarantee a
first -year payments in the amount of nine point five million dollars ($9,500,000). 1 don't know if the
administration can guarantee that. It's here. And if she can give us a brief...
Ms. Lucia Dougherty: Yes, sir, Mr. Commissioner, Mr. Vice Chairman and members of the Commission.
My name is Lucia Dougherty, with offices at 1221 Brickell Avenue. Here today on behalf of Revenue
Recovery Service with me is Nick Penarelli, who's the CEO (Chief Executive Officer) of the company. You
sent out a request for letters of interest for someone to manage your surcharge program, and this is literally
the letter of request. And this is very similar to Molina. We didn't receive this letter of request or know
about it until two weeks after the deadline. But this is literally all that was sent out. There was no RFP
(Request for Proposal) or no RFQ (Request for Qualification). And, so, it was a very informal process that
occurred. And what we're suggesting is, you only had one presenter. That presenter went to your Selection
Committee and it's now coming before you for a — I guess next month for a selection. But we're suggesting
that you, at least, listen to an alternative proposal from my company, and this alternative proposal has the
following elements: One, they will guarantee a nine point five million dollars ($9,500,000) in the first year.
That is subject to certain things and that is, one, that your projected minimums are accurate and the
constitutionality of the program, and that we get a three million dollar ($3,000,000) bank -loan, which we
have already engaged First Union for that purpose. We also would agree to a five percent fixed fee, which
is — it's open-ended in your proposal from the other company, and we also rely on expertise of our
principals. And let me just tell you a little bit about it. Nick Penerelli has been the founder of Municipal
Tax Bureau and the Municipal Tax Bureau is one of the very first in the country of the privatization of tax
collection. He represented over fifty entities, both state and local governments, including the State of
Florida. I mean, excuse me. The state of New York, New Jersey, California, Oklahoma, Massachusetts, the
cities of Detroit, Philadelphia and New Orleans. And, specifically, worked on their parking surcharge in the
city of Philadelphia. Rena Carter is the city of Philadelphia's Off -Street Parking authority, Executive
Director. She would be a co -venture in this partnership with Nick Penerelli. And we would also have
certain sub -consultants.
Chairman Plummer: All right. Can I stop you for one minute?
Ms. Dougherty: Yes, sir.
Chairman Plummer: The administration said there's only one way that this can succeed, Mr. Regalado, and
that is to throw them all out and start over again, is that correct?
Commissioner Regalado: I mean, when we're talking about possibility of two point five additional dollars, I
165 October 12, 1999
think that we should'do whatever it takes, at least, for the administration to listen to them.
y
Mr. Donald Warshaw (City Manager): I'm not disagreeing. A couple of things. I've never seen this
proposal. What happened is, we went out for a request of Letters of Interest., Four companies applied to us.
One dropped out. There was an Evaluation Committee and a joint venture of two of the remaining three
firms were selected. And this particular...
Commissioner Regalado: Excuse me, Mr. Manager. This is not — I mean, this is not like a formal...
Mr. Warshaw: No, no, no, you're correct.
Commissioner Regalado: ...RFP or anything.
Mr. Warshaw: That's correct.
Commissioner Regalado: So, we're not here violating any...
Mr. Warshaw: That's correct.
Commissioner Regalado: ...rule. What we're doing...
Mr. Warshaw: I was just walking you through the process.
Commissioner Regalado: OK. So, I'll — my proposal is to both throw away the process and begin a new
process, as soon as possible, and listen to any company that wants to make a presentation before the
Selection Committee and the administration.
Chairman Plummer: There is.a motion by Commissioner Regalado. Is there a second? Is there a second?
Vice Chairman Gort: I'm going to go ahead and second it.
Chairman Plummer: Seconded by Gort.
Vice Chairman Gort: The reason I'm going to second it because all three of the proposals — all four of the
letters are public record and they all wrote what each intended to do, so maybe that can improve the offer
for the other individuals.
Mr. Warshaw: We will have to try to do this in a very expedited way because the revenues are starting to
come in this month, probably in another week or ten days.
Chairman Plummer: OK.
Commissioner Teele: Mr. Chairman, I want to understand where we are.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I have a memo from the Manager, I think, that indicates there are four firms that
applied. One was determined to be non -responsive; is that right?
Mr. Warshaw: Correct.
166 October 12, 1999
Commissioner Teele: There are three firms. Those three firms are talking about, literally, privatizing the
collection. Is that what we're talking about?
Mr. Warshaw: I believe it's two of the three.
Commissioner Teele: Or two of the three. Whatever it is. How many is it, two or three?
Mr. Warshaw: Two of the three
Ms. Marva Wiley (Special Assistant to the City Manager): There were three after that initial
non -responsive finding. What remains of the joint venture of two firms. Marva Wiley from City Manager's
Office.
Mr. Warshaw: And the memo, I believe you have, is the Evaluation Committee, late Friday, made a
recommendation to me, which I have not acted on, yet. I just saw that Friday evening.
Commissioner Teele: OK. But I want to understand. We're not talking apples to apples here. Are those
firms proposing to guarantee the collection?
Ms. Wiley: The terms have not been finally negotiated. At this time, that is not included in their proposal,
no.
Commissioner Teele: Let me ask the question again. We have proposals from them, right?
Ms. Wiley: Yes.
Commissioner Teele: Do those proposals include a guarantee of collection?
Ms. Wiley: No.
Commissioner Teele: OK. I want toestablish three things on the record. Number one, the Oversight Board
has recognized how much money on the parking fees? Is it five point eight or seven point one?
Ms. Bertha Henry (Assistant City Manager): For FY-2000, they recognize seven point two million and for
the remaining years, nine point one.
Commissioner Teele: OK. So, they have recognized seven point two million dollars ($7,200,000) for...
Ms. Henry: FY 2000.
Mr. Warshaw: The Year 2000.
Commissioner Teele: FY 2000?
Ms. Henry: Right.
Commissioner Teele: And, then, out years, they've recognized nine million dollars ($9,000,000), which
means, in the out years, we still have to come up with two point one to two point nine million dollars, which
is the cost of the Save Our Seniors?
167 October 12, 1999
Ms. Henry: Yes.
Commissioner Teele: OK. Number two. The five point eight— five point six million dollars ($5,600,000)
is the 80 percent calculation of seven point one?
Mr. Warshaw: It's five point seven. Yes, that's correct.
Commissioner Teele: That's the 80 percent...
Ms. Henry: Yes.
Mr. Warshaw: Correct.
Commissioner Teele: ...which the legislature put it — so, if somebody guarantees us nine point five, then,
we've come up with an additional what, two point four million dollars ($2,400,000)?
Ms. Henry: For the...
Mr. Warshaw: Approximately.
Ms. Henry: ...base year.
Commissioner Teele: For the base year. All right. And what's our millage rate now?
Ms. Henry: The millage rate is nine point five.
Commissioner Teele: 'And what does one mill equal?
Ms. -Henry: About 12 — over 12 million.
Commissioner Teele: A half a mill represents six million dollars ($6,000,000), right?
Ms. Henry: Six point two.
Mr. Warshaw: Right.
Commissioner Teele: So, if we take the proposal that Commissioner Regalado is suggesting, we cover
ourselves for the current year, even though there is no fiscal impact, although there still seems to be this
rumor or myth that there's,a fiscal impact? We come up an additional two million dollars ($2,000,000) this
year, is that right? And, then, for the out years, we've got the ad valorem — we have the ad valorem tax base,
the elasticity between nine point five and ten mills to cover ourselves, right? Is that right?
Ms. Henry: We do.
Commissioner Teele: OK. So, in effect, we can commit, right now, to the Save Our Seniors, from a
financial point of view, if we were to adopt the additional nine million dollars ($9,000,000) and, then,
commit here, by resolution, that we will make up any shortfall out of the ad valorem tax base.
Ms. Henry: If the Commission would agree to do that, then, yes
168 October 12, 1999
Commissioner Teele: Well, I'll tell you this. I will commit to do it out of the ad valorem tax base in the out
years, if four other people will do it. Because I can tell you right now. It's going to get turned into a
political football. But the fact of the matter is, is that I think; if we don't make this commitment now, if we
wait until next week, two weeks from now, it's going to look like political engineering. In other words. it's
going to — the news story will be "The Commission rushes to save its vote or hide" or how would you all
say it? Anyway, it would look like we're out here just trying to do political cover.. So, I think the time to do
this, if we're serious about the Save Our Seniors — and, obviously, you know, this is a piece of thing that's
fallen down us on from the sky,; I guess -- then, we ought to go ahead and do it. But I think this is the first
step. So, I will support the motion, which means that we're rejecting all bids and instructing the Manager to
negotiate with this bidder and the other three bidders.
Chairman Plummer: The Letter of Interest.
Commissioner Teele: Huh?
Chairman Plummer:. It's not a bid, is it?
Mr. Warshaw: It's not a bid.
Commissioner Teele: No. We're rejecting all Letters of Interest.
Chairman Plummer: Right.
Commissioner Teele: The motion would be to reject all Letters of Interest.
Chairman Plummer: That's the motion on the floor.
Commissioner Teele: That would be the — that is the motion.:.
Chairman Plummer: That is correct.
Commissioner Teele: ...to reject all Letters of Interest...
Chairman Plummer: That's already on the floor.
Commissioner Teele: And to negotiate with this and everyone else and to return to us by the next
Commission meeting, as a first item...
Mr. Warshaw: And just for a point of clarification. I don't even think it's an issue of rejecting. It's just
directing us to include this company in the evaluation process, comeback at the next meeting...
Commissioner Teele: I'm not comfortable with that because I think we need to make a...
Mr. Warshaw: This is not a bid. It's not a rejection.
Chairman Plummer: All right.
Mr. Warshaw: I mean, it was an informal evaluation.
169 October 12, 1999
Chairman Plummer: All right.
Commissioner Teele: I think we need to.
Chairman Plummer: Mr. Manager?
Commissioner Teele: ...go on record today as saying, we want nine million dollars ($9,000,000) and we
want to agree to nine million dollars ($9,000,000) and we want to agree to the ad valorem tax elasticity in
out years and we want to commit to the Save Our Seniors by some form of legislation today.
Mr. Warshaw: Commissioner, if they're agreeing to a nine point five million dollar ($9,500,000) guarantee,
I'd be the first one to tell you that's something we want to look at, like right now. So, no question...
Chairman Plummer: We're going to you that opportunity, if we can get this vote off the floor.
Commissioner Regalado: What Commissioner Teele is saying, that one of the conditions to study the
proposal is that we need nine point one million dollar ($9,100,000) guarantee. And she just said that the
other companies do not guarantee that. So...
Chairman Plummer: All right.
Commissioner Regalado: I mean, if we're going to go technical, we might decide, well, you know, seven is
better because it's sure. Nine, maybe. But we need to work from a nine point one million.
Mr. Warshaw: I understand.
Commissioner Regalado: So...
Chairman Plummer: OK. All in favor of the motion on the floor,
say "aye."
Commissioner Teele: What's the motion? What's the motion?
Chairman Plummer: The motion is that the City Manager be instructed to consider all Letters of Interest,
which is the best recommendation.
Commissioner Regalado: No, that's not the motion.
Commissioner Teele: No, no, no, that's not the motion.
Commissioner Regalado: That's not the motion. The motion is to throw away the process and start all over.
Chairman Plummer: That's not what he said.
Commissioner Regalado: Yes.
Chairman Plummer: No, that's not what he said.
Commissioner Regalado: Start all over with the condition of nine point one million dollar ($9,100,000)
guarantee. That's what we are talking about.
170 October 12, 1999
Chairman Plummer: All right. Mr. Manager, do you understand that?
Mr. Warshaw: Yes, sir.
Chairman Plummer: OK. You have no problem with that?
Mr. Warshaw: No.
Chairman Plummer: And there is a second?
Commissioner Teele: Mr. Chairman, I would like to hear from the Attorney because I...
Chairman Plummer: Mr. City Attorney.
Commissioner Teele: No. I'm talking about the distinguished, beautiful attorney, not just the distinguished
attorney.
Chairman Plummer: Distinguished, beautiful attorney, would you make a comment, please?
Ms. Dougherty: I like the beautiful better. Thank you very much.
Chairman Plummer: You ought to quit while you're ahead.
Ms. Dougherty: Thank you very much, Mr. Commissioner. And we accept that and we'll be back with you,
having negotiated this at the next Commission meeting.
Commissioner Teele: Can we move this ahead of the next Commission meeting? Can we set — I mean, this
issue is so important that I think we need to go ahead and address this matter in an expedited fashion.
Ms. Dougherty: We would hope that we can come back with a contract.
Commissioner Teele: In how long? I mean, how long will it take us — I mean, you either have a letter of_
credit. You either have -- did you say First Union?
Ms. Dougherty: Yes. But we're negotiating with many. My client wanted me to make sure you knew that.
We're negotiating with several banks, including that one.
Chairman Plummer: OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask that they — that the Chairman call a special meeting when the
management and the bidder have reached an agreement or if they reach an impasse, as soon as possible.
Chairman Plummer: I will be happy to do such. With that kind of money coming into.the City, I think its
something that would be irresponsible if I didn't do it. Mr. Manager, all I need is one day's notice. All right.
Now...
171 October 12, 1999
Commissioner Teele: May I ask from the --just the distinguished Attorney now?
II
Mr. Vilarello: So I understand the motion. It's that all Letters of Interest be rejected and the Manager to be
authorized to negotiate with anyone who would meet those conditions that you've discussed?
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
Ms. Dougherty: Thank you very much.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-781
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO REJECT ALL LETTERS OF INTEREST IN
CONNECTION WITH PARKING SURCHARGE COLLECTIONS;
FURTHER AUTHORIZING AND DIRECTING THE MANAGER TO
NEGOTIATE WITH REVENUE RECOVERY SERVICES AND ANY
OTHER INTERESTED PARTY IN ORDER TO OBTAIN A
MINIMUM GUARANTEE TO THE CITY OF NINE POINT ONE
MILLION DOLLARS ($9,100,000) IN COLLECTIONS; FURTHER
DIRECTING THE MANAGER TO COME BACK AT THE NEXT
COMMISSION MEETING, OR AT A SPECIAL MEETING TO BE
CALLED BY CHAIRMAN PLUMMER, IN THE EVENT THE
MANAGER REACHES AN AGREEMENT OR IMPASSE WITH
SAID PROPOSER(S) PRIOR TO OCTOBER 26, 1999.
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.
172 October 12, 1999
58. f3UPPORT, COMMITMENT FOR ADDITIONAL HOMESTEAD EXEMPTION TO SAVE OUR
.SENIORS RAISE SHORTFALLS FROM AD VALOREM _TAX REVENUE BASE, IF REQUIRED.
(See section # 5)
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele..
Commissioner Teele: I would move that this Commission go on record as — Mr. Attorney, please correct
me — but goes on record as committing to the Save...
Commissioner Regalado: I have it here.
Commissioner Teele: No.
Commissioner Regalado: I have the ordinance here, that the City Attorney draft.
Commissioner Teele: Well, let me do this. I would ask Commissioner Regalado to make the motion, then,
regarding the Commission's supporting the Save Our Seniors; and further committing to raise any necessary
shortfalls, the two point one to two point nine million dollars from the ad valorem tax base, if -required.
Chairman Plummer: All right.
Commissioner Teele: I would ask" that Commissioner...
Chairman Plummer: Made by Regalado. Seconded by Gort. - Is there any further discussion?,
Commissioner Regalado: Yes. Mr. City Attorney, do.we need this ordinance? It's the one that you draft
for... - -
Mr. Vilarello: My understanding, it was adopted this morning.
Chairman Plummer: That's correct.
Commissioner Regalado: Yeah, I know. But — I know. I know it was, but...
Chairman Plummer: We've already done it.
Commissioner Regalado: We need to reiterate that.
Chairman Plummer: No, you don't need to reiterate. "
Commissioner Regalado: All right.
Chairman Plummer: All right. All...
Commissioner Teele: Could we have the Clerk to reread the — Ms. Dougherty, could you let the Clerk read
this into the record? Because I think this is very important, as it relates to out years. Mr. Clerk, would you
173 October 12, 1999
read the motion, please? This is the one that Commissioner Regalado just made.
JI
Mr. Walter Foeman (City Clerk): OK. I'm sorry.
Commissioner Teele: The motion relating to a commitment by the Commission...
Mr. Foeman: The one that throw out all the bids?
Commissioner Teele: No.
Mr. Foeman: OK.
Commissioner Teele: Mr. Attorney, could you read it?
Mr. Vilarello: It would be a resolution of the City Commission that, in the event that there was a shortfall of
funds based on the adoption of the Save Our Seniors Ordinance, that the City Commission would be
committed to raise those ad valorem taxes, if necessary.
Commissioner Teele: Over the next five years.
Mr. Vilarello: Over the next five years.
Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?. Show it unanimous.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-782
A MOTION GOING ON RECORD AS AN EXPRESSION OF
SUPPORT AND COMMITMENT FOR ADDITIONAL HOMESTEAD
EXEMPTION TO SAVE OUR SENIORS; FURTHER COMMITTING
TO RAISE ANY NECESSARY SHORTFALLS ($2.1 MILLION TO
$2.9 MILLION) FROM THE AD VALOREM TAX REVENUE BASE,
IF REQUIRED.
174 October 12, 1999
,
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez -
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Regalado, you have some other items you wish to...
Commissioner Teele: Mr. Chairman, I want to just ask this of the Clerk — of the Manager. Mr. Manager,
it's my understanding that, based upon the resolutions and the motion by Commissioner Regalado and
Commissioner Gort, that this Commission is now legally committed and has come up with the revenue
source that's necessary for the Save Our Seniors. Would you make sure that the Oversight Board gets a full
picture as to this, so that there is no question going back and forth. Now, of course, this is subject to a veto
by the Mayor. But, would you confer with the Mayor to see if this is going to be acceptable to him? And if
it's not, you know, communicate it to our -Chairman so that we can address it? Because I think it's very _
important that the public be aware that this Commission, on today, at 4:42, adopted the necessary
resolutions and motions to put into effect the Save Our Seniors, subject to the Mayor's veto and the
Oversight Board's approval.
Mr. Warshaw: I'll do that.
.AT THIS POINT, THE COMMISSION TABLES CONSIDERATION OF THE SPECL4L MEETING
AGENDA IN ORDER TO CONSIDER ITEMS ON THE REGULAR AGENDA.
.59. ` DISCUSS PROPOSED, AFFORDABLE HOUSING:PROJECT AT :.CMC :CENTER SITE NEAR
JACKSON HOSPITAL.
Chairman Plummer: All right. Mr. Regalado.
Commissioner Regalado: Mr. Chairman, members of the Commission, several times we had an issue here.
It's development of a proposed multifamily building on the Civic Center side and we deferred this, so the
administration would meet with the members of this group. They're here now, so...
Chairman Plummer: But wait, wait, wait. What item is this?
Commissioner Regalado: It's not on the...
Chairman Plummer: Is this on your blue copies?
Commissioner Regalado: No, it isn't. Because I'm deferring all of the blue.
175 October 12, 1999
Commissioner Teele: Pocket item.
y
Chairman Plummer: Oh, you're deferring all of the blue?
Commissioner Regalado: Yes, sir.
Chairman Plummer: All right, fine. Just for the record, A, B, C and D of District 4 have been deferred and
he now has a different item.
Commissioner Regalado: So, Dena, this is about property on 1700 Northwest 14th Avenue. I'm told that
they have met with you; that they're willing to have a completion date, and they'll — that the City would not
lose any money, at all. But they will be willing to pay for the clean-up and pay the City whatever
marketplace or market costs that we set the property. Could you give us an idea?
Ms. Dena Bianchino (Assistant City Manager): To give you a little bit of a background on this property. It
has been appraised at approximately one point two million dollars ($1,200,000). The environmental
clean-up associated with the site is about two hundred and fifty thousand. So, we're looking at a potential
here for the City to make eight hundred, eight hundred and fifty thousand dollars ($850,000) on the sale of
this property. Commissioner Regalado is correct in his assumption that, under the Affordable Housing
Rules that we operate under, there is no requirement for a competitive bid or an RFP (Request for Proposal)
that property can be contracted with an organization to do affordable housing. I would like to say, however,
that I think it's in the City's best interest to do an RFP for this site, to see what the best offer is that we can
get. It would be for affordable housing. It would be for "for sale" housing, as we had talked about
previously, and that would be the staffs recommendation on this.
Chairman Plummer: All right.
Commissioner Regalado: Mr. Chairman, could we give the gentleman...
Mr. Tomas Diego: Good afternoon, Mr. Chairman. My name is Tomas Diego, 2151 Southwest 21 Terrace.
I'm talking on behalf of the non-profit organization trying to establish this low income housing — affordable
housing/ownership program in the city near the Jackson Memorial Hospital and the jail system. I guess
what I want to say is that, if we go to an RFP — we've been working with this project for over a year now.
We've been trying to establish -- so we can get it along and start moving. We have worked out some type of
a financing but we're going to lose this financing if we keep delaying. An RFP would take us a couple of
more months down the road and, you know, again, we've been at this for a year. So, I don't think that, if
we're going to do affordable housing/ownership program, you're going to get many bidders based on that
scope of work.
Chairman Plummer: All right. Can we turn to the City Attorney? Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): I know we addressed this issue quite a while ago. I believe that,
for affordable housing, there's an exception to the limitations of the Charter. However, I'd rather review the
process and, perhaps, if an RFP is appropriate, bring it back at the next Commission meeting, as opposed to
asking me to respond to right now without...
Chairman Plummer: All right. So, then, he's not prepared.
Mr. Diego: OK. Now, the last meeting that we had here, the Commission had requested the departments to
come back with full information so they could move on with this item, so we wouldn't have to be coming
176 October 12, 1999
back and forth, back and forth.
r
Chairman Plummer: Sir, the City Attorney has said to you, he is not prepared to speak to the issue today.
So, I don't think anybody up here is going to go against that thought, that he's not prepared. And until he is
-- and, hopefully, it will be at the next meeting — that's where the Commission is.
Mr. Vilarello: Commissioner, can I ask what it is that you're interested in how you're interested in
proceeding through an RFP process?
Commissioner Regalado: Basically, that project be started and that the City would not lose any money.
And it seems to me that, you know, these people are very respectable. They say that they will commit to a
timeline for the construction. If not, they lose everything. So — I mean, it's a win -win situation. So, next
meeting, you just tell us what to do.
Chairman Plummer: That will be fine, sir. OK. Thank you very much.
AT THIS POINT, THE COMMISSION TABLES CONSIDERATION OF THE REGULAR
MEETING AGENDA IN. ORDER TO CONSIDER ITEMS ON THE SPECIAL MEETING AGENDA.
60. DISCUSSION: STORMWATER UTILITY TRUST
Chairman Plummer: We're -now back to the few items left on the supplemental agenda. I think we took care
of "F," if I'm not mistaken?
Commissioner Teele: Mr. Chairman, what time are you leaving?
Chairman Plummer: Mr. Teele; I would like to leave somewhere between five and 5:15.
Commissioner Teele: OK.
Chairman Plummer: All right. Item -- we took up "G," which is the 64 hours. Did we take up the Storm
Water Sewer?
Vice Chairman Gort: No.
Chairman Plummer: We did not. All right. Mr. City Manager, Item "F" of the Storm Water Sewer for the
fees, charges and collection and the interest accrued. Who's going to speak to that? Mr. Kay.
Mr. Jim Kay (Director, Public Works): This year, recently, you passed a balanced budget, which included
certain activities that had to be covered because we have a permit with'UPA with regard to storm sewers.
We have what we call a National Pollution Discharge Elimination System Permit with the Federal
Government. In that permit we have to do several activities.
Chairman Plummer: Are we doing it?
Mr. Kay: We are doing them, yes, sir. Now, I think one of the issues here is that this is the way it is in our
budget. These activities have been earmarked with Storm Water Utility funds. These include such things
that's monitoring the control of illicit discharges and a capital improvement program...
Chairman Plummer: Street sweeping.
177 October 12, 1999
Mr. Kay: Street sweeping.
Chairman Plummer: Right.
Mr. Kay: And so on. And I think that this — I believe this is really Commissioner Teele's item. I just want
to point out that, if we are not going to fund these activities with Storm Water Utility funds, then they would
have to be funded with some other identified source of funding.
Chairman Plummer: All right, sir.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I placed this item on the agenda because I think it's important that we adopt a capital
program or a maintenance program for Storm Water Utility. How many Storm Water Utilities have we
cleaned and do we clean or, you know, inspect and clean annually?
Mr. Kay: We, actually, inspect-- over a two-year period, we inspect all of our systems. Normally, we will
clean...
Commissioner Teele: Now, John. Mr. Kay?
Mr. Kay: Yes.
Commissioner Teele: You and J.L. — you and Chairman Plummer and I were together there right off —
when Commissioner Diaz De la Portia and Commissioner Carrie, when they went down and...
Chairman Plummer: Fifth Avenue.
Commissioner Teele: On 5th Avenue. They were cleaning up there and they came up with God knows how
many — at least, fifty, seventy-five, a hundred...
Chairman Plummer: Parking meters.
Mr. Kay: Meter heads.
Commissioner Teele: ...parking meter heads that had been just stuck down there and — I mean, you know,
the reason that these streets are flooded has something to do with the fact that we're really not doing that
maintenance program. And my question is this: This is something that lends itself to having a contractor to
do nothing but just clean Storm Water Utilities. How much money do we get a year for Storm Water Utility
clean? How much money do we get a year from the Storm Water Utility fee?
Mr. Kay: We get about nine million dollars ($9,000,000) a year, total.
Commissioner Teele: Nine million. How much of that is consumed in administrative costs and how much
is consumed in personnel and fringe benefit costs?
Mr. Kay: 1 did not break it down into that.
178 October 12, 1999
Commissioner Teele' Well, give it to us anyway you'd like to, please.
Mr. Warshaw: Roughly.
Mr. Kay: Just a second here. I would say that, roughly, we're looking at about — in administrative costs,
about five hundred thousand dollars ($500,000). Just in administrative costs. And then labor costs, about
four million dollars ($4,000,000).
Chairman Plummer: About half.
Commissioner Teele: Four million dollars ($4,000,000)?
Mr. Kay: In administrative and labor costs, about half. The rest of it is capital improvement and equipment.
Mr. Warshaw: Administrative is only half a million.
Mr. Kay: Yeah.
Commissioner Sanchez: Is it twelve or four million?
Mr. Kay: Pardon?
Commissioner Sanchez: Is it twelve or four million?
Mr. Kay: What we collect annually is nine million.
Commissioner Sanchez: For the cost?
Mr. Warshaw: Four million in labor and five hundred in administrative... _ ..
Commissioner 'Teele: I think it would be very helpful if the Labor Union — I don't know if Mr. Cox is here,
but — I mean, you know, I want to talk about contracting out and I don't want to do this behind your back.
But what I don't want to do is displace anybody that is working. But what we need is somebody who is
doing nothing but unstopping these storm water utilities. When it rains around here, the whole City is under
water. I mean, you know, you've got areas that have three, four, five inches of water that have the utilities
all plugged up. So, the question is this: If there's four million.dollars ($4,000,000) in employment — in
wages and benefits, et cetera — is that wages or wages and benefits?
Mr. Kay: Would be pretty much wages right now. I don't think that's...
Commissioner Teele: So, that'll be plus another 40 percent?
Mr. Kay: Right.
Commissioner Teele: So, forty percent of four million is another million — million five, million six. So, its
closer to five and a half of the nine million. And, then, a half.a million for — so, how much is available —
what is the rest of it available for?
Mr. Kay: Capital improvements mostly
179 October 12, 1999
Commissioner Teele: So, we have a capital improvement of about three million dollars ($3,000,000) a
year?
Mr. Kay: Yes, sir.
Commissioner Teele: Have we looked at going out with a bid for a company to do nothing but clean Storm
Water Utilities? Just go in...
Mr. Kay: No. No, we have not.
Commissioner Teele: I mean, you know, they don't have any other
job; they don't have to worry about Bayfront Park or the Empowerment Zone or — I mean, just strictly a
storm water utility issue. Is there a Storm Water Utility crew now that does nothing but that?
Mr. Kay: We have — yes, sir, we have four vactor units.
Commissioner Teele: They do nothing but that?
Mr. Kay: They do nothing but clean sewer drains.
Commissioner Teele: And they're operational seven days a week...
Mr. Kay: Well, they're here five...
Commissioner Teele: ...five days a week?
Mr. Kay: Five days a week. There is equipment breakdowns every now and then and...
Commissioner Teele: How many manholes or storm water utilities do we clean a year, then?
Mr. Kay: We probably clean out, at least, between five and six thousand catch basins per year. But we
have twenty-five in the whole city. Twenty-five...
Commissioner Teele: Five or six thousand?
Mr. Kay: Yes.
Commissioner Teele: Well, Mr. Cox, did you want to weigh in on this?
Mr. Charlie Cox: I just don't understand, if we have four vactors working full-time, two men per vactor,
that's eight men, at an average salary of thirty thousand a year, that equals four million dollars ($4,000,000).
Mr. Kay: No. I'm talking about the entire...
Mr. Cox: But I mean -- and if you're going to go out to the private...
Commissioner Teele: Yeah. But, see, that's the point.
Mr. Charlie Cox: If you're going to go out to privates, then you need to start doing some fair comparisons
180 October 12, 1999
around here, because that's all...
.11
Commissioner Teele: Charlie, that's the point.
Mr. Cox: That's all we have doing it.
Commissioner Teele: See -- I mean, until now — until you got.up and spoke, I assumed we were spending
four million dollars ($4,000,000) for people doing the five — actually, it's closer to five point six.
Mr. Cox: We only have two men per vactor truck, and they can correct me if I'm wrong. And I guarantee
you, their average salary is not thirty thousand dollars ($30,000) because more than half of those men...
Commissioner Teele: So, then, what is that, eight people?
Mr. Cox: More than half of those men are on salary Schedule II.
Commissioner Teele: Is that eight people?
Mr. Cox: That's eight people. Five days a week.
Commissioner Teele: Times thirty is two hundred and forty thousand dollars ($240,000) a year. So, where
is the other four million? I mean...
Mr. Kay: Well, we have other people in that storm sewer section, as well, that operates vactors.
Commissioner Teele: You mean, we've got that kind of management?
Mr. Kay: No, sir. But there are activities, such as street sweeping, and also neighborhood clean-ups and
also Has -Matt (phonetic). These are other labor charges.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele,
Commissioner Teele: 1 apologize. Mr. Attorney.
Mr. Alejandro Vilarello (City Attorney): I think one issue — and Mr. Kay touched on the issue earlier.
There is EPA requirements for monitoring storm water outfall, which is also vitally important. And one of
the basis is for the creation of the Storm Water Utility charge. So, there are other appropriate expenditures
of the funds, other than just cleaning French drains.
Commissioner Teele: Mr. Chairman, I realize that, you know, this whole issue of us looking at budgets as it
relates to how we respond to citizens is something that makes a lot of people uncomfortable. It apparently
makes even, you know, the media uncomfortable. But I've got to tell you something. I think we abrogate
our responsibility, as Commissioners, if we don't get to the bottom of this and figure out how we can get the
storm water utilities cleaned and get the water to move from off the streets. Now, there may need to be
some capital work. There may be some low-lying areas that need retro-fitting or even need new lines. I
mean, I don't know. But what 1 would, respectfully, request — and I don't want to make it a motion — is that
the Manager develop a detailed analysis and plan — and I think the Union should be a part of that plan. I
think Mr. Cox has as much to offer in this discussion as anyone. Because I've got to tell you something. If
we've got four crews, you know, operating and — out of a nine million dollar ($9,000,000) budget and those
181 October 12, 1999
four people are making an average of thirty thousand dollars ($30,000), something's wrong.
Chairman Plummer: Well, you've got a lot more than that.
Commissioner Teele: And, see. J.L., this is the problem with the City that has not — with all due respect to
the Oversight Board -- they have not looked at the structural problems. You know and I know that, in the
period when the budget was tight, everybody was just grabbing whatever dollars they could and paying for
whatever they could, and we need to rationalize this. We need to go back and say, "OK, Mr. Public Works
Director. Without penalty, without punishment, give us the right way to structure this and if it means, we've
got to come up with another two million dollars ($2,000,000)" — because what it means is, we've been
robbing Peter to pay Paul and it's very clear to me, Mr. Kay — and I certainly don't mean to, in any way,
insult you or your department. But it's very clear to me that, if we're getting nine million dollars
($9,000,000) for storm water utility — and you can talk about all the street sweeping and all that you want to,
that ain't going to add up to a million dollars ($1,000,000) or so a year. The fact of the matter is, we've got
four hundred — we've got three hundred thousand dollars ($300,000) worth of people directly committed on
the front line to clean the storm water utilities out of nine million dollars ($9,000,000) and something's
wrong with that picture.
Chairman Plummer: So, what are you asking? You want the City Manager to come back...
Commissioner Teele: I'm asking the Manager and the Audit Department and the Management Department
and the Assistant Managers to sit down and try -to figure out what's right. It's probably going to mean, Mr.
Manager — I'll be the first guy to say it. It's probably going to mean that we need to put another two million
dollars ($2,000,000) or some amount of money into Public Works and get everybody that's in Public Works
that's on storm water utility, that's doing park designs, that's doing street designs, that's doing sidewalk
designs and everything else, other than storm water utility, get them off of that budget line because you
know that's what's happening and I know that's what's happening. You don't have to admit it, but I'm going
to say it. And that's the way this government — I mean, that's the way any government works. If you've got
the money, you put the people against that. And Mr. Cox has been very helpful because he said it's only
eight people cleaning out the Storm Water Utilities and that's why they're so clogged up.
Chairman Plummer: All right. Mr. Manager, you understand what he's asking for?
Mr. Warshaw: Yes, sir.
61. -.INSTRUCT MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT, WITH THE
.CLERK OF: THE COURTS TO USE THE MANAGEMENT . RESOURCES OF NIIANH-DADE
COUNTY TO REVIEW LEGISLATIVE OPTIONS FOR THE MERGER OF THE CITY OF
MM II FIR&RESCUE DEPARTMENT WITH THE'" NIIANII-DADE COUNTY FIRE
DEPARTMENT, WITH THE ASSOCIATED COSTS TO BE.WRALLY-ALLOCATED FROM
BUDGET ' RESERVES OF THE CITY OF MIAMI WITH APPROVAL- OF -GOVERNOR'S
EMERGENCY OVERSIGHT BOARD.
Chainnan Plummer: All right. Item D. A merge of the City of Miami Fire Rescue
Department/Miami-Dade County Fire Department. I think, Commissioner Teele, this is yours also.
Commissioner Teele: Yes, sir. Mr. Chairman, I would note the presence of distinguished, members of the
Fire Board and I would ask that they be allowed to give us any advice or input that they would like to make,
if they would like to.
182 October 12, 1999
Chaisman Plummer: This is the County's Fire Board?
Commissioner Teele: Yes.. I think there's a misnomer. The County's — Miami -Dade County. The Miami
Commission, under Gwen Margolis and the other 12 members and under the distinguished Mayor, Mayor
Penelas, do not control the Fire Board any longer, except as it relates to budget approval. The same way we
don't run the Off -Street Parking. And I think there is a whole misnomer because we continue to call this the
County's Fire Department, which it is,- but it's really the unincorporated County and a few municipalities.
How many municipalities are...
Dr. Roberto Del Cristo: We serve a total of 27, sir.
Commissioner Teele: Twenty-seven municipalities. But Miami Beach has its own Fire Department.
Dr. Del Cristo: Yes, they do.
Commissioner Teele: Hialeah has its own Fire Department.
Dr. Del Cristo: Yes.
Commissioner Teele: Key Biscayne has a contract relationship.
Dr. Del Cristo: With you; sir, not with us.
Commissioner Teele: With us. And on and on and on. So, the point is this. This all has occurred within
the last two years, that the Fire Board has been relatively emancipated from the County. In other words, the
Fire Board Commissioners are elected from within the fire district, the. unincorporated, plus the 26 cities
that they represent. And I would just like to put it on the record because all that I'm asking for is a study.
Because there are a series of macro issues that go well -beyond the jurisdiction of the City of Miami, if you
want to=talk about what the option is. And I really would if you all object to the study, I'll — I mean, I'll be
the first guy to withdraw, it.
Dr. Del Cristo: Commissioners, my name is Dr. Robert Del Cristo. I'm Commissioner for District 2 of the
Fire Board. -
Commissioner Teele: What is District 2?
Dr. Del Cristo: District 2 basically encompasses all the way from the DadeBroward line, west of the
expressway of the Palmetto, all the way down to Homestead. Commissioner Godoy's district is District 4,
which encompasses basically Sweet Water, parts of Kendall, Westchester, South Miami area.
Commissioner Teele: And how many Commissioners are there?
Dr. Del Cristo: There's five Commissioners. The board is pretty much set up the same as your board is.
We have been existence for over twelve years and we, basically, are, a, separate taxing district from the
County. We, basically, run a millage of about two point seven to two point eight right now, at this point.
The first thing 1 want to do, though-...
Commissioner Teele: Are you constitutionally capped at three mills?
183 October 12, 1999
Dr. Del Cristo: Yes, we are, we're constitutionally capped at three mills at this point, out of the total ten
mills.ihat the County is supposed to have. The first thing I want to do, though, is I want to express my thank
you for having me here today and also to tell you that you guys have a very fine Fire Department. I am also
a member of the Fire Department myself, in the capacity, I'm the Medical Manager for the .OFDA and
FEMA team, that has gone all over the world, Oklahoma, Turkey and all that, and I have been able to view
your Fire Department in the past and you have a very good Fire Department. As a member of the district
and the board, I will assure you one thing, that we are constitutionally bound by our own Charter to provide
the same level of service to all citizens within the County or the district, as you may have it. That service —
at least, I may be prejudiced but I considered it to be one of the best in the nation. We are not only
recognized as one of the finest departments in the United States but also the world. We pretty much serve at
the will of the Federal Government, as well as other countries. And I am very interested in the kind of study
that you guys are going to do. We did a study a couple of years ago, which I have given to some of your
members, which pretty much give an idea of exactly how much money you're going to. be spending if we do
bring you into the district, and it's somewhere around fifty to fifty-two million dollars, which may be a
significant savings to you guys. Also, remember, that you would take that out from under your millage that
you are spending under the Fire Department. Lastly, I do want to say that, whenever you do this, also
consider the firefighters themselves. It's very important that you do have consensus among.your firefighters
about what's going on and be very sensitive to their needs, as well as to the Union and put everything else
aside. Thank you.
Chairman Plummer: Thank you, sir. Mr. Chief, do you wish to comment?
Fire Chief Carlos Gimenez: Yes. Thank you, Mr. Chairman. The only comment I would make is that, on
this resolution, is that we have no problem with conducting a study; however, we would like for it to be a
joint study and not one just done by the County. Would like for the City to be involved in the study also.
Chairman Plummer: OK. Mr. Gabriel.
Mr. Tom Gabriel: Tom Gabriel, Miami Association of Firefighters. I've got tell you. I don't know exactly
if this is coming from a political payback, like those other items that were up there that got deferred, but I
can tell you that, if it is, we're very disappointed. And, you know, it's obvious that these actions over here,
that you're going to look at it differently, but I'm going to tell you that the firefighters will continue to serve
for the City as long as you want us.
Chairman Plummer: Thank you, sir. All right. Mr. Teele, this is your item.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele. This,is not a public discussion.
Commissioner Regalado: Would you yield a minute, please?
Commissioner Teele: I'll be happy to.
Commissioner Regalado: I think that the comments made by Tom were really unfair, Tom, because I heard
and you have heard, Commissioner Teele, many, many months ago talking about this issue and I think that
to say that this is political payback is something that is unfair to the Commission. Because — I mean, were
all going to participate on this. And, you know, I just wanted to say that. And I know that you are a
professional and that you understand...
184 October 12, 1999
Mr. Gabriel: No. I -- if I just -- kind of a quick clarification. That was political payback.
Commissioner Teele: What's that?
Mr. Gabriel: And what I'm saying is, if this item is for that. I'm disappointed, is what I said.
Commissioner Teele: What was political payback?
Mr. Gabriel: All of the items that were here for the Fire Department today, with the exception of one, was
deferred or stopped.
Commissioner Teele: I moved those items.
Mr. Gabriel: Well, at least, from up there, they've been deferred, so...
Commissioner Teele: No. Only one or two got deferred. The one relating to kitchen — I mean...
Chairman Plummer: Kitchen cabinets were deferred.
Commissioner Teele: ...the only reason — in fact, Commissioner Regalado — the reason that I didn't go
forward, Mr. Gabriel, Tom, really, is because there were only four Commissioners here at the time and it
required a four/fifths vote. And if Commissioner Regalado or Commissioner Gort or someone would move
it, I'll be happy to second it. But Commissioner Regalado was not on the dais. Commissioner Plummer has
expressed a long-standing objection to this, and I respect him and you respect him, and he is not going to
just look the other way while we do this. I asked questions this morning about the tires. He answered the
question. Said, you know, "You've got two Good Year and they don't want to have two Uniroyal" which,
you know, may make some sense. So, I said, I'll move the item. Did I not do that?
Chairman Plummer: Yes, sir.
Commissioner Teele: So, I mean, there hasn't been any political payback. But I want to put this on the
record. On March 2nd of ' 1998, in the context of the Fire Assessment Fee, this matter was thoroughly
discussed. I want to read from the record just very briefly, Mr. Chairman, the comments of the Manager.
The Manager -- I'm trying to find out -- Mr. Garcia -Pedrosa and the time this occurred was about 10:38.
Now, he spoke for seven pages, uninterrupted, and I'm going to go to page 21. "The next item is the transfer
of the Fire Department to Miami -Dade County. This is a subject that was raised in your last meeting. I,
personally, do not support it. But we were asked to and we will review it and bring it back to you, with
recommendations." We've not gotten any recommendations. That was on March 2, 1998, OK? And, then,
he goes on to say, "I, personally, don't support it but we, as you know, we have what I think is the finest Fire
Department in the area. The response time of a minute to a minute and a half faster than the County. Any
of you that have dealt with a tragedy know what a minute or a minute and a half can make as a significance
in — determinative difference" -- he spoke well, didn't he — "between life and death and the gravity" _ this is
kind of poetic -= "between the gravity of an injury to an individual. We want to comply with your directions
and mandates, that we can explore this and we will."
Chairman Plummer: OK.
Commissioner Teele: And then it goes on. But, personally, — et cetera.
Chairman Plummer: No, this is not a public...
185 October 12, 1999
Commissioner Teele: I just want to put on — Mr. Chairman, this is very important because this is not
political payback. All that we're asking is that the Clerk of the board, which oversees the Audit and
Management Division of the County, along with the Mayor, as the constitutional officer, which is
responsible for audit and management under the Florida Constitution but, you know, the people around
town have a problem with constitutional duties being carried out by elected officials. But all over the State
of Florida the Clerk of the County of every sixty-seven counties, including Dade County, is the audit officer
for this County. And the Clerk is responsible for basically providing the audit and management
responsibilities in the County. There is a question as to whether or not the County — the City could join that
and I would have no objections if the Manager designated the Audit Department of the City to work with
the Clerk's Audit Department in coming up with this recommendation. And I would amend the motion to
include the Manager providing for, at his discretion, the Audit Department of the City of Miami to work
with the Audit and Management of the County in formulating the recommendations, as well as working
with the Fire Department and the Fire Board of the County and everybody and anybody, at all. But I want
to mention this: The County does not provide rescue service. The City provides rescue service. And I
think it's very important to make a distinction between and compare fire to fire and, then, make a separate
sub -study as it relates to rescue, fire and rescue.
Chairman Plummer: is there a second to the motion? Is there a second to the motion?
Commissioner Sanchez: To study, second.
Chairman Plummer: A11 right. Now, Chief, I don't know what else you have to say
Chief Gimenez: Well, 1 think that the City's Fire Department and the County's Fire Department work very
well together. I would like to see the City's Fire Department and the County's Fire Department work
together and put up the study and then have an independent — somebody independent to take a look at it to
make sure that what we came up with was, you know, the facts and then lay those facts before this board
and then you can make the determination, whatever way you want to go.
Chairman Plummer: OK.
Mr. Gabriel: But in order for that to happen, I think, you know, the experts in the field need to get together,
you know, to put those things together and...
Chairman Plummer: Thank you, sir. Call the roll.
[COMMENTS MADE DURING ROLL CALL]
Chairman Plummer: I'm voting no. Let me tell you. In my 29 years of being around here, I've got the finest
department there is. You can't improve on a number one and, as far as I'm concerned, Metropolitan Dade
County has got their. department, God bless them. But I'm going to keep mine and I'm going to keep it
in-house. Due to respect that they need, I have to vote no. Thank you. But it does pass four to one.
186 October ' 12, 1999
The•following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-783
A RESOLUTION OF THE MIAMI CITY COMMISSION
INSTRUCTING .THE CITY MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE CLERK OF THE COURTS TO USE
THE MANAGEMENT RESOURCES OF MIAMI-DADS COUNTY
TO REVIEW THE LEGISLATIVE OPTIONS FOR THE MERGER OF
SERVICES, EXCEPT FOR RESCUE SERVICES, PROVIDED BY
THE CITY OF MIAMI FIRE -RESCUE DEPARTMENT WITH THE
MIAMI-DADE COUNTY FIRE DEPARTMENT; ALLOCATING
ASSOCIATED INITIAL COSTS THEREFOR FROM BUDGET
RESERVES OF THE CITY OF MIAMI FOR SAID PURPOSE,
SUBJECT TO APPROVAL BY THE GOVERNOR'S EMERGENCY
FINANCIAL OVERSIGHT 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. .
NAYS: Chairman J.L. Plummer, Jr
ABSENT: INone.
Commissioner Teele: All right. Mr. Chairman, with that great accolade...
Chairman Plummer: Yes, sir.
Commissioner Teele: ...I would move the items relating to the Fire Department's budget. I mean, the Fire
Department contracts that have been deferred because I do think we need -to go ahead and deal with those
issues.
Chairman Plummer: Can I put something on the record? You know how I found out about this, Tom, just
for your own edification? I was at the Boy's Club theother night and one of the Metro Fire Departments
came up and said "Welcome aboard." I said, welcome aboard what? He said, "Your Fire Department's
coming over to our Fire Department." I said, in hell's little acre. And that was how I found out that this item
was on a supplemental agenda. I'd never seen it. OK.
187 October 12, 1999
62. AUTHORIZE MANAGER TO ENTER INTO A TASK ORDER TO PROVIDE ANALYSIS
AND RECOMMENDATIONS OF NOT LESS THAN THREE OPTIONS TO REDUCE AND
STREAMLINE DEPARTMENTS OF THE CITY AND TO CONSULT WITH THE FLORIDA
-LEAGUE OF CITIES IN FORMULATING A REORGANIZATION STRUCTURE OF THE 25
TO 30 . DEPARTMENTS OF THE CITY, INCLUDING "THE CITY CLERK AND RISK
MANAGEMENT AS IT RELATES TO THE .CITY ATTORNEY MANAGER TO WORK WITH
EXTERNAL AUDITOR AND CONSULT WITH LEAGUE.
Chairman Plummer: Mr. Teele, the last item on the agenda is Item E. Item E is to Streamline the
Departments, asking the health of the Florida League of Cities.
Commissioner Teele: No.
Chairman Plummer: I'm sorry?
Commissioner Teele: No. It's asking for an External Auditor.
Chairman Plummer: All right.
Commissioner Teele: It's asking for the management — the Manager to work with External Auditor.
Chairman Plummer: All right.
Commissioner Teele: And to consult with the Florida League of Cities, including the City Clerk, the City
Attorney and Risk Management as it relates to three or four options — not less than three options on
streamlining the City. And I've discussed it with the Manager and he doesn't have a problem with it.
Chairman Plummer: Is there a second? Is there a second?
Commissioner Regalado: Second.
Vice Chairman. 4ort: _Second.
Chairman Plummer: All right. All in favor say "aye."
Mr. Vilarello: Resolution, as amended by Commissioner Teele.
Chairman Plummer: It's a resolution, yes. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposition? Show it unanimous.
188 October 12, 1999
Thefollowing resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-784
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER AND THE CITY OF MIAMI
EXTERNAL AUDITOR TO ENTER INTO A TASK ORDER TO
PROVIDE ANALYSIS AND RECOMMENDATIONS OF NOT LESS
THAN THREE OPTIONS TO REDUCE AND STREAMLINE THE
DEPARTMENTS OF THE CITY OF MIAMI AND TO CONSULT
WITH THE FLORIDA LEAGUE OF CITIES IN FORMULATING A
REORGANIZATION STRUCTURE OF THE 25 TO 30
DEPARTMENTS OF THE CITY OF MIAMI, INCLUDING THE CITY
CLERK AND RISK MANAGEMENT, AS IT RELATES TO THE
CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
AT THIS POINT, THE COMMISSION ADJOURNS THE SPECIAL MEETING AND
RECONVENES ON REGULAR SESSION.
�:63: `RATIFY, APPROVE, CONFIRM MANAGER'S 'FINDING''OF`.,EMERGENCY, WAIVE
REQUIREMENTS FOR -COMPETITIVE SEALED BIDS APPROVE` PROCUREMENT AND
INSTALLATION 'OF KITCHEN CABINETS.AND APPLIANCES -FROM VARIOUS VENDORS
FOR.RENOVATION OF EIGHT FIRE STATIONS, FOR THE DEPARTMENT. OF FIRE -RESCUE.
.,.($172,233.84); ALLOCATE .FUNDS FROM CAPITAL 110PROVEIVIENT>PROGRAM (CIP);."FIRE
rSTATION .AND BUILDING RENOVATIONS;' FUNDED :`BY, :':THE:;.FIRE °ASSESSMENTS: (See
Section #25) —
Chairman Plummer: Mr. Manager, is there anything else to come before this board?
Mr. Donald Warshaw (City Manager): No.
Commissioner Teele: Mr. Chainnan?
189 October 12, 1999
Mr. Warshaw: Fire items.
Chairman Plummer: All right. Are we...
Mr. Alejandro Vilarello (City Attorney): Fire items.
Vice Chairman Gort: Aren't you going to bring the...
Commissioner Teele: The fire items. Are they going to bring...
Chairman Plummer: Oh, I'm sorry. What are those numbers? Give me the numbers.
Mr. Warshaw: Starting with Item 20, is the first one.
Chairman Plummer: All right. Item 20. Hold on. Let's get to Item 20.
Vice Chairman Gort: It's been done already.
Chairman Plummer: Item 20, according to Mr. Gort, has been done.
Vice Chairman Gort: No, no. I'm talking about the work has been done?
Fire Chief Carlos Gimenez: Yes, sir.
Chairman Plummer: All right. Yeah, the work has already been done. Mr. Teele moves Item 20. Mr. Gort
seconds. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All right. Nobody shows opposition because it requires a four/fifths vote.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-785
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 AND INSTALLATION OF KITCHEN CABINETS
AND APPLIANCES, FROM VARIOUS VENDORS FOR THE
RENOVATION OF EIGHT FIRE STATIONS, FOR THE
DEPARTMENT OF FIRE -RESCUE, IN A TOTAL AMOUNT NOT TO
EXCEED $172,233.84; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROGRAM (CIP), PROJECT NO.
313302, "FIRE STATION AND BUILDING RENOVATIONS",
ACCOUNT CODE NOS. 289401.6.850, IN THE AMOUNT OF
$24,457, AND 289401.6.840, IN THE AMOUNT OF $147,776.84,
FUNDED BY THE FIRE ASSESSMENT.
190 October 12, 1999
9 - l
(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.
64.DISCUSS PROCUREMENT OF AIR CONDITIONERS, AT:FIRE-:STATIONS:..(see sections # 25-C
and # 67)
Chairman Plummer: What.other items of the.Fire Department?
Mr. Donald Warshaw (City Manager),- Twenty-one, 22.
Mr. Tom Gabriel: Twenty-one and 22.
Chairman Plummer: Twenty-one. Twenty-one the air conditioning units. I thought we did that one. The
only question was central air.
Vice Chairman Gort: I thought we did it, too.
Mr. Warshaw: No.
Mr. Gabriel: No_
Mr. Warshaw: The only one we did...
Mr. Gabriel: Was 19.
Mr. Warshaw: ...was Item Number 19.
Chairman Plummer: All right. Item 20 moved. All right.
Commissioner Regalado: I would vote yes in all of them, but I think — I still say it wasn't fair from the
union president to call this a political payback.
Chairman Plummer: All right. Item 21, moved by Teele. Seconded by Regalado. All in favor...
Commissioner Regalado: No, no, I'm not seconding anything.
191 October 12, 1999
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Chairman Plummer: I'm sorry. Moved by Teele.
Commissioner Regalado: No, no, no, no.
Chairman Plummer: Seconded by Gort?
Commissioner Regalado: No, no, no, no. Because, you know, we've been here always for the Fire
Department. We don't have to be abused by the Fire Union just because they don't like one vote that we
made. And I think that we should, at least, hear from Tom because it is unfair. It's very unfair to do this to
us. The City Commission always gets bashed from either side of the street and that is very unfair. I think
that to call that...
Chairman Plummer: Mr. Gabriel, would you like to comment?
Commissioner Regalado: ...political payback is very unfair because we could callyou cronies of the Mayor
and we don't do that.
Chairman Plummer: All right.
Mr. Tom Gabriel: I think you've done that already, but that's OK.
Commissioner Regalado: No, we have not. We have not done it.
Chairman Plummer: Excuse me. Can we have a little decorum in this chamber?
Commissioner Regalado: No, it's not about decorum, J.L.
Chairman Plummer: No, no, no. Excuse me. Mr. Regalado, we're going to have a little decorum. Now,
whoever has the floor -- Mr. Regalado has it and I would ask everyone else...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: ...to give that courtesy.
Commissioner Teele: I'm not going to move any other items. I think Commissioner Regalado...
Chairman Plummer: All right, sir.
Commissioner Teele: ...has made his point. And I think...
Chairman Plummer: Is there anyone else of this board that wishes to make a motion at this time?
192 October 12, 1999
65. DISCUSS PROBLEMS RE STREET SWEEPING NOT BEING PROVIDED CHARTS AS
REQUESTED.
Commissioner Teele: Mr. Chairman, I would make one request of the Manager.
Chairman Plummer: And that is, sir?
Commissioner Teele: Mr. Manager, I am advised -- and I don't know math at all. We were supposed to get
a report on the street sweeping. I would ask that that be put on the next agenda. It did not appear. You
know, you were going to provide us with the chart. I have the chart but I think it would be very informative
to the Commission to see where it's being sweeped. And just so that everybody's aware, it will almost be a
direct overlay of how we're spending all the money for sidewalks.
66. DISCUSS POSSIBLE RESTORATION, OF ALL.,'BUDGET.:.=CUTS MADE TO CITY
DEPARTMENTS.
Commissioner Teele: But having said that, I would also ask, Mr. Chairman, Mr. Manager, that you place on
the next agenda, an ordinance that would restore all of the cuts that were made from the departments, as a
part of our budget trimming, if and only if — and I'm talking now about, we cut a hundred and eighty
thousand dollars ($180,000) from the Fire Department; we took money from the Bayfront Trust; we took
money from the CRA (Community Redevelopment Agency), I think sixty thousand. We took money from
the International Trade; we took money from the Mayor, your office, Commission's Office...
Chairman Plummer: Bayfront Park.
Commissioner Teele: Bayfront Park. I would ask that those funds be restored, by ordinance, if it is correct;
that there is a mathematical calculation error in our budget, in that the calculation for personal property is at
91 percent and it should be, by state law, at ninety-five percent, which yields an additional four hundred and
forty-nine thousand nine.hundred and eighty-nine dollars ($449,989). And, also, there's a mathematical
calculation there on the ad valorem, which would net approximately four hundred and forty thousand one
hundred eighty-seven dollars ($440,187), for a total of eight hundred and ninety thousand one hundred and
seventy-six dollars ($890,176) in mathematical calculations. If those calculations are wrong and they're
within that ballpark, I would ask that that be placed on and you can just advise us by memo.
Mr. Donald Warshaw (City Manager): Next agenda?
Chairman Plummer: The next agenda.
Commissioner Teele: In the next agenda for first reading.
67. DEFER CONSIDERATION OF EMERGENCY PURCHASES: OF AIR CONDITIONERS AND
FURNITURE FOR FIRE STATIONS. (see sections # 25 and # 64)
Chairman Plummer: All right.
Mr. Alejandro Vilarello (City Attorney): Before you adjourn...
Chairman Plummer: Mr. City Attorney.
193 October 12, 1999
Mr:-Vilarello: On Items 21 and 22,1 would request, if you're not going to take them up today, to defer them.
Chairman Plummer: Items 21 and 22 are to be continued...
Commissioner Teele: At the next meeting.
Chairman Plummer: ...predicated on previous comments, to the next agenda. This Commission is...
68. DIRECT MANAGER TO REDUCE NUMBER OF EMERGENCY ITEMS 'ON AGENDA.
Vice Chairman Gort: Mr. Chairman, wait a minute.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Just one minor statement. We've all talked about the — that we wanted to cut the
emergency items and this is something that we've been discussing for the last two years. Tom, if you look at
today's budget, there was quite a few emergency items that we moved on. Thank you.
Commissioner Teele: Mr. Chairman? '
Chairman Plummer: All right. Mr. Teele.
Commissioner Teele: Mr. Chairman, I want to commend you for .running a very fine meeting today and
getting us out. I appreciate very much your attention to your colleagues in -allowing us to express our views.
Chairman Plummer: As always, I have tried to do.
Commissioner Teele: Not...
Vice Chairman Gort: Not always.
194 October 12, 1999
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 5:18 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria.J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
-MAYOR
195 October 12, 1999