The URL can be used to link to this page

Home My WebLink AboutCC 1998-01-13 MinutesCITY OF MIAM _ - • _,��1111 I�� r OF MEETING HELD ON +JANUARY 13�, 1_998 - REGULAR PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER J. FOEMAN CITY CLERK INDEX MINUTES OF REGULAR MEETING January 13, 1998 ITEM SUBJECT LEGISLATION NO. 1. PROCLAMATIONS DISCUSSION (A) MRS. BERDIE M. MONROE DAY -- ON 1/13/98 HER 100TH BIRTHDAY. (B) COMMENDATION TO NANCY YERENA AND CONTINENTAL BANK FOR THEIR DONATION OF TOURS AND GIFTS TO MIAMI UNDER -- PRIVILEGED CHILDREN. 2. CONSENT AGENDA DISCUSSION DISCUSSION REGARDING CDBG FUNDS -- SEE LABEL 14 1/13/98 2.1. ALLOCATE $7,000. FROM COMMUNITY R 98-1 DEVELOPMENT BLOCK GRANT FUNDS --TO 1/13/98 ALLAPATAH BUSINESS DEVELOPMENT AUTHORITY, INC. -- FOR COMMERCIAL CODE COMPLIANCE REHABILITATION. 2.2. ALLOCATE $92,400. FROM COMMUNITY R 98-2 DEVELOPMENT BLOCK GRANT FUNDS --TO 1/13/98 ALLAPATAH BUSINESS DEVELOPMENT AUTHORITY -- FOR COMMERCIAL FACADE REHABILITATION. 2.3. AUTHORIZE $20,000. FROM LAW R 98-3 ENFORCEMENT TRUST FUND --FOR MODEL 1/13/98 CITY CRIME PREVENTION SUB -COUNCIL. 2.4. APPROVE PURCHASE OF ENVELOPES R 98-4 FROM MACPAPERS, INC, -- ALLOCATE 1/13/98 $13,000. FROM USER DEPARTMENTS BUDGETS. 2.5. ACCEPT LEASE AGREEMENT FORD R 98-5 MOTOR COMPANY -- FOR ONE VEHICLE 1/13/98 LEASE -- FOR GENERAL SERVICES ADMINISTRATION -- ALLOCATE $7,608. FROM ACCOUNT 503001.420905.6.610. PAGE NO. 2-3 3-12 12 13 13 14 14 2.6. APPROVE LEASING OF PAGER FROM R 98-6 PAGING NETWORK OF ORLANDO, INC. -- 1/13/98 ALLOCATE $15,000. FROM LAW ENFORCEMENT TRUST FUND ACCOUNT 690001.690001 AND 690003. 2.7. ACCEPT BID: MEF CONSTRUCTION, INC -- R 98-7 FOR COCONUT GROVE C.D. SIDEWALK 1/13/98 PROJECT, B-4602 -- ALLOCATE $110,000 FROM CAPITAL IMPROVEMENT PROJECT 341302. 2.8. ACCEPT BID: MEF CONSTRUCTION, INC. -- R 98-8 FOR LITTLE HAVANA SIDEWALK PROJECT, 1/13/98 B-4604 -- ALLOCATE $207,990 FROM CAPITAL IMPROVEMENT PROJECT 341306. 2.9. ACCEPT BID: MEF CONSTRUCTION, INC -- R 98-9 FOR MODEL CITY SIDEWALK PROJECT, B- 1/13/98 4605 -- ALLOCATE $106,100 FOR CAPITAL IMPROVEMENT PROJECT 341308. 2.10. ACCEPT BID: SIGMA CONSTRUCTION & R 98-10 ENGINEERING CORPORATION -- FOR 1/13/98 LITTLE HAVANA STORM SEWER IMPACT FEE PROJECT, B-5626 -- ALLOCATE $116,000 FROM CAPITAL IMPROVEMENT PROJECT 352293. 2.11. ACCEPT BID: HOMESTEAD CONCRETE & R 98-11 DRAINAGE, INC -- FOR ALLAPATAH C.D. 1/13/98 SIDEWALK PROJECT, B-4601 -- ALLOCATE $188,825 FROM CAPITAL IMPROVEMENT PROJECT 341300. 2.12. REAFFIRM COMMITMENT OF $500,000 R 98-12 ALLOCATION OF HOME PROGRAM 1/13/98 FUNDING -- FOR RALPH'S TOWNHOMES PROJECT BY ALLAPATAH BUSINESS DEVELOPMENT AUTHORITY, INC. FROM PROJECT ACCOUNT 198006.630201.6.946. -- SEE LABEL 14 2.13. AUTHORIZE ACQUISITION FROM UNYSIS R 98-13 CORP. -- FOR MOBILE DIGITAL COMPUTERS 1/13/98 / DESKTOP COMPUTERS / SERVERS -- FOR POLICE --ALLOCATE $3,887,938.10 FROM CIP PROJECT 312032 / CIP PROJECT 312010 / POLICE GO BONDS / 1997 LOCAL LAW ENFORECMENT BLOCK GRANT / LAW ENFORCEMENT TRUST FUND. 15 15 it. 16 17 17 18 iU 2.14. ACCEPT BIDS: MIAMI BUSINESS R 98-14 TELEPHONE / QUALITY WIRING, INC / 1/13/98 FLORIDA INTRANET GROUP -- FOR TELECOMMUNICATIONS WIRING SERVICES -- FOR GSA/INFORMATION TECHNOLOGY -- ALLOCATE $200,000 FROM USER DEPARTMENTS. 2.15. AUTHORIZE PAYMENT TO MIAMI - DADE R 98-15 COUNTY -- FOR DISPOSAL OF SOLID 1/13/98 WASTE MATERIALS COLLECTED BY AND IN CITY OF MIAMI -- ALLOCATE $7,028,035, FROM ACCOUNT 422001.320302.531. 2.16. ACCEPT FINDINGS: DAVID LYNN, INC. MOST R 98-16 QUALIFIED FIRM TO PROVIDE CONCESSION 1/13/98 SERVICES AT ORANGE BOWL STADIUM. 2.17. ACCEPT FINDINGS: VINCAM OHS AND R 98-17 CONCENTRA MANAGED CARE, INC MOST 1/13/98 QUALIFIED FIRMS TO PROVIDE MANAGED CARE PROGRAM FOR WORKERS' COMPENSATION. 2.18. APPROVE LANDY JACOBS AND R 98-18 ASSOCIATES, INC TO PROVIDE / 1/13/98 ADMINISTER EXAMINATIONS FOR CLASSIFICATIONS OF CHIEF FIRE OFFICER AND FIRE CAPTAIN -- FOR HUMAN RESOURCES DEPARTMENT -- ALOCATE $150,000 FROM FIRE RESCUE ACCOUNT 001000.280601.6.270. 2.19. AUTHORIZE AGREEMENTS FOR R 98-19 STRUCTURAL PLANS EXAMINER / BUILDING 1/13/98 INSPECTOR III SERVICES -- FOR BUILDING AND ZONING -- ALLOCATE $40,000 FROM ACCOUNT 560302-340 AND 560302-902 PROJECT 421001. 2.20. APPROVE FINDINGS OF SELECTION R 98-20 COMMITTEE FOR MOST QUALIFIED TEAMS 1/13/98 TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES -- FOR BROWNFIELDS REDEVELOPMENT PROJECT. 2.21. CONTINUE FUNDING PROTRACTED R 98-21 COMPLEX INVESTIGATIONS -- ALLOCATE 1/13/98 $300,000 FROM LETF POLICE PROJECT NOS. 690001 / 690002 / 690003. 2.22. AUTHORIZE AGREEMENT WITH MIAMI-DADE R 98-22 COUNTY -- FOR EXTENSION OF SANITARY 1/13/98 SEWER FACILITIES ON WATSON ISLAND. 2.23. TRANSFER PORTIONS OF WATSON ISLAND R 98-23 TO STATE HIGHWAY SYSTEM. 1/13/98 20 20 21 21 22 22 23 23 23-24 24 2.24. EXECUTE LEASE AGREEMENT WITH R 98-24 ENVIRONMENTAL PROTECTION 1/13/98 DEPARTMENT -- FOR SUBMERGED LANDS ADJACENT TO CITY UPLAND AT 250 NW N. RIVER DRIVE. 2.25. AUTHORIZE PORTIONS OF WATSON ISLAND R 98-25 BY NATIONAL MARINE MANUFACTURERS 1/13/98 ASSOCIATION, INC (NMMA) -- FOR PARKING AND CONCESSIONS -- FOR 1998 INTERNATIONAL BOAT SHOW. 2.26. ACCEPT GRANT FROM FLORIDA R 98-26 DEPARTMENT OF ENVIRONMENTAL 1/13/98 PROTECTON -- FOR RENOVATIONS TO PARKS: SHENANDOAH / JOSE MARTI / DORSEY/ CLEMENTE PARK. 2.27. ACCEPT DONATIONS: BUNKERS OF MIAMI R 98-27 (#3,200) AND DADE AMATEUR GOLG 1/13/98 ASSOCIATION ($800). 2.28. CONFIRM ELECTION OF VIRGIL FERNANDEZ R 98-28 AND ORLANDO LLAMAS TO CIVIL SERVICE 1/13/98 BOARD. 2.29. ACCEPT PLAT: BLUE LAGOON R 98-29 APARTMENTS. 1/13/98 2.30. ACCEPT PLAT: ROBMAX SUBDIVISION. R 98-30 1/13/98 2.31. AUTHORIZE ACCEPTANCE / DEDICATION OF R 98-31 SEVEN DEEDS -- FOR HIGHWAY 1/13/98 PURPOSES. 2.32. AUTHORIZE AGREEMENT WITH WILLIAM R. R 98-32 MERCER -- FOR ACTUARIAL SERVICES -- 1/13/98 FOR FISCAL YEAR 1997-98 -- ALLOCATE $45,000 FROM ACCOUNT 001000.921122.6. 930. 24 25 25 26 26 27 27 27-28 (B) ALLOCATE $1,125,000.00 FROM CITY'S R 98-33 FY 98-99 HOME INVESTMENT PARTNERSHIP 1/13/98 PROGRAM -- FOR DEVELOPMENT OF TEQUESTA KNOLL APARTMENTS (HOUSING) PROJECT IN ALLAPATTAH -- BY GREATER MIAMI NEIGHBORHOODS INC. AND AFFORDABLE NEIGHBORHOODS INC. -- DIRECT MANAGER NOT TO PLACE FIRE AND POLICE ITEMS ON AGENDA PRIOR TO CITY COMMISSION COMMITTEE REVIEW -- FURTHER INSTRUCTING MANAGER TO MEET WITH CHAIRMAN HERNANDEZ TO DISCUSS CONSENT AGENDA CONTENTS. (C) COMMENTS ABOUT CONTROLLING SIZE OF CONSENT AGENDA AND NEED FOR COMMISSION STANDING COMMITTEE REVIEW. 3. SECOND READING ORDINANCE: CREATE ORDINANCE NEW CHAPTER TO CODE - SECTIONS 19.5-1 11584 THROUGH 19.5-23 FOR FIRE -RESCUE 1/13/98 ASSESSMENT -- SCHEDULE PUBLIC HEARING FOR FEBRUARY 24, 1998 REGARDING FIRE ASSESSMENT FEE. 4. DESCRIBE METHOD OF ASSESSING FIRE- R 98-34 RESCUE SERVICES COST -- INSTRUCT CITY M 98-35 MANAGER TO HAVE CONSULTANTS STUDY M 98-36 IMPACT OF FIRE ASSESSMENT FEE ON 1/13/98 ANCILLARY FACILITIES ADJACENT TO PLACES OF WORSHIP -- DIRECT CONSULTANT TO RECOMMEND MECHANISM FOR EXEMPT ORGANIZATIONS TO MAKE VOLUNTARY PAYMENTS. FURTHERMORE, DIRECT ADMINISTRATION TO PLACE PARCELS BREAKDOWN DATA ON WEBSITE. 5. EXTEND CONDOLENCES TO FAMILY OF R 98-37 LATE JUDGE MILTON FRIEDMAN. 1/13/98 6. SCHEDULE DISCUSSION FOR AFTERNOON DISCUSSION SESSION FOR FUNDING OF GUSMAN HALL 1/13/98 BY DEPARTMENT OF OFF STREET PARKING -- SEE LABEL 8. 7. BRIEF COMMENTS REGARDING NAMING OF DISCUSSION CERTAIN COCONUT GROVE STREETS (SEE 1/13/98 LABEL 16). 28-29 30-36 36-64 64 65 65 8. (A) CONTINUE DISCUSSION ON SOURCES DISCUSSION OF FUNDING FOR GUSMAN HALL -- 1/13/98 PRESENT REPORT BY JANAURY 27, 1998 COMMISSION MEETING -- SEE LABEL 6. (B) DISCUSS EASING PARKING METER RESTRICTIONS IN DOWNTOWN DURING WEEKENDS. (C) DIRECT OFF STREET PARKING DEPARTMENT TO CONSULT FIRST WITH LATIN CHAMBER OF COMMERCE (CAMACOL) PROPOSED STREET CLOSURES AND PARKING METER RELAXATION IN LITTLE HAVANA -- SEE LABEL 11. 9. AUTHORIZE CITY MANAGER TO EXECUTE R 98-38 EASEMENT WITH BELL SOUTH 1/13/98 TELECOMMUNICATIONS, INC -- FOR CONSTRUCTION / INSTALLATION / MAINTENANCE OF UNDERGROUND CABLE ON WATSON ISLAND. 10. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE SPECIAL REVENUE FUND: "DCF/RET 11585 (PY98) - REFUGEE EMPLOYMENT AND 1/13/98 TRAINING PROGRAM" -- APPROPRIATE $130,598 FROM SOUTH FLORIDA EMPLOYMENTAND TRAINING CONSORTIUM (S FETC) . 11. CREATE LITTLE HAVANA STANDING R 98-39 FESTIVAL COMMITTEE -- TO APPROVE 1/13/98 PERMITS FOR STREET CLOSURES -- APPOINT LUIS SABINES / FRANK LOPEZ / ELOY APARICIO / JOSE MARBAN -- SEE LABEL 8C. 12. ACCEPT BID; WILLIAM LEHMAN BUICK -- R 98-40 FOR LEASING TWO VEHICLE (PARK 1/13/98 AVENUE) -- ALLOCATE $22,154.72 FOR 36 MONTHS FROM ACCT. 503001.42905.6.610. 13. ACCEPT BID: FLAMINGO FORD -- FOR R 98-41 LEASING THREE VEHICLES (CROWN 1/13/98 VICTORIA) -- ALLOCATE $43,471.44 FOR 24 MONTHS FROM ACCT. 503001.420905.6.610. 14. ACCEPT BID: TAMIAMI AUTOMOTIVE R 98-42 GROUP -- FOR LEASING OF FIVE JEEPS 1/13/98 FOR CITY OFFICIALS -- ALLOCATE $115,832.10 FROM ACCT. 503001.420905.6. 610. 15. ALLOCATE $191,667 FROM "DADE COUNTY R 98-43 EMS GRANT AWARD FY '96-97" FOR 1/13/98 PAYMENT OF DADE COUNTY EMERGENCY MEDICAL SERVICE (EMS) GRANT AWARD PROGRAM. 69-70 71-72 73-76 76-77 77-78 78-79 79-80 16. (A) BRIEF COMMENTS ON STANDING M 98-44 FESTIVAL COMMITTEES IN LITTLE HAVANA, 1/13/98 COCONUT GROVE AND OVERTOWN. (B) DENY REQUEST TO RENAME STREETS IN NORTH COCONUT GROVE: WASHINGTON / JEFFERSON / LINCOLN AVENUE. (SEE LABEL 7). 17. RATIFY / APPROVE / CONFIRM SOLE R 98-45 SOURCE -- WAIVE COMPETITIVE BIDS -- 1/13/98 FOR ACQUISITION OF HARDWARE AND RENEWAL OF SOFTWARE LICENSE FOR UNIGATE SYSTEM FROM DYNAMIC SOLUTIONS INTERNATIONAL -- ALLOCATE $10,000 FROM POLICE ACCT. 001000.290201.6.670. 18. URGE MIAMI CAPITAL DEVELOPMENT CORPORATION TO ALLOW MR. CAPOTE TO RESOLVE LEGAL PROBLEMS REGARDING TEATRO MARTI LOAN -- POTENTIAL FORECLOSURE PROCEEDINGS BY MIAMI CAPITAL -- FURTHER INSTRUCT CITY MANAGER TO PLACE ITEM FOR DISCUSSION ON THE AGENDA FOR FEBRUARY 24, 1998. 19. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE EMERGENCY AWARD OR CONTRACT TO D.E. GIDI AND ASSOCIATES FOR CITY HALL IMPROVEMENTS, B-6281 PROJECT -- ALLOCATE $97,999 FROM CIP PROJECT 331016. 20. EMERGENCY ORDINANCE: AMEND CIP ORDINANCE TO ESTABLISH NEW PROJECTS: SOUTH FLORIDA URBAN SEARCH AND RESCUE PROGRAM AND FEMA-USAR / GRANT PROGRAM. 21. (A) EMERGENCY ORDINANCE: AMEND 11446 SRF "COPS UNIVERSAL HIRING" TO INCREASE APPROPRIATIONS BY $14,724,822 FROM U.S. DEPARTMENT OF JUSTICE GRANT FOR POLICE. (B) BRIEF COMMENTS REGARDING HIRING MORE PUBLIC SERVICE AIDES. 22. EMERGENCY ORDINANCE: AMEND SECTION 2-1013(a)AND (d)(1) TO INCREASE MEMBERS TO TEN APPOINTED BY CITY COMMISSION -- FURTHERMORE DESIGNATE MAYOR TO SERVE AS NOW VOTING CHAIRMAN WITH ELECTED COMMISSIONER TO SERVE FOR ONE YEAR. M 98-46 1/13/98 R 98-47 1/13/98 80-83 83-84 84-95 ti •. ORDINANCE 96-98 11586 1/13/98 ORDINANCE 99-101 11587 1/13/98 ORDINANCE 101-113 11588 1/13/98 23. SECOND READING ORDINANCE: AMEND ORDINANCE 113-114 CODE SECTION 40-245 -- PROVIDE FOR 11589 INVESTMENTS TO BE MADE IN ASSET 1/13/98 BACKED SECURITIES FOR MEMBERS OF GESE (PENSION) TRUST. 24. SECOND READING ORDINANCE: ORDINANCE 114-115 ESTABLISH NEW SRF-FEMA-USAR GRANT 11590 AWARD FY 96-97 -- APPROPRIATE FUNDS 1/13/98 $76,500 -- ACCEPT GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) -- FOR EQUIPMENT / MANAGEMENT / TRAINING OF TASK FORCE. 25. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 115-117 NEW SRF-ALTERNATIVE FUEL VEHICLE 11591 GRANT PROGRAM -- APPROPRIATE 1/13/98 $96,095 -- ACCEPT GRANT FROM SOUTH FLORIDA REGIONAL PLANNING COUNCIL -- FOR SIX ELECTRIC CARS -- FOR MIAMI RIVERSIDE CAR POOL FLEET. 26. SECOND READING ORDINANCE: AMEND ORDINANCE 117-118 CODE, CHAPTER 42, ARTICLE VI, SECTIONS 11592 42-82 THROUGH 42-85 OF CODE: "VEHICLE 1/13/98 IMPOUNDMENT" -- FOR SCHEDULING HEARINGS. 27. SECOND READING ORDINANCE: AMEND ORDINANCE 118-119 CIP ORDINANCE 11337 -- INCREASE 11593 APPROPRIATIONS TO CIP PROJECT 312010: 1/13/98 POLICE MOBIL DIGITAL TERMINAL REFINEMENT BY $676,010. 28. ESTABLISH NEW SPECIAL REVENUE FUND- ORDINANCE 120 STATE OF FLORIDA BROWNFIELDS 11594 REDEVELOPMENT PROJECT GRANT -- 1/13/98 ACCEPT $500,000 GRANT FROM FLORIDA OFFICE OF TRADE, TOURISM AND ECONOMIC DEVELOPMENT. 29. (A) FIRST READING ORDINANCE: AMEND ORDINANCE 121-125 SECTIONS 2-1052 AND 2-1053 OF CODE -- FIRST DECREASE BOARD MEMBERS OF READING OVERTOWN ADVISORY BOARD. 1/13/98 (B) DIRECT CITY MANAGER TO PROVIDE WORKSHOPS TO BOARDS' STAFF. 30. (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: SOLID WASTE REDUCTION RECYCLING AND EDUCATION -- APPROPRIATE $275,573. FOR DEVELOPMENT / IMPLEMENTATION OF SAME. (B) AUTHORIZE MANAGER TO DEVELOP COMPREHENSIVE PLAN TO CONTINUE STREET SWEEPING PROGRAM -- TO UNDERTAKE EMERGENCY REPAIRS OF SOLID WASTE EQUIPMENT. -- FURTHER DIRECT ADMINISTRATION TO PROVIDE NAMES OF STREET SWEEPING TASK FORCE -- BRIEF DISCUSSION REGARDING STRICT ENFORCEMENT OF ILLEGAL DUMPING ON CITY STREETS -- FURTHER DIRECT ADMINISTRATION TO DISCUSS SOLID WASTE FEE AT NEXT COMMISSION MEETING OF JANUARY 27, 1998 -- SEE LABEL 45. 31. (A) PROPERTY WITH GROUNDBREAKING SCHEDULED FOR JANUARY 27, 1998 -- FURTHER COMMENTS BY MAYOR SUAREZ REGARDING CITY'S BOND RATING STATUS AND FINANCIAL DEFICIT AS WELL AS NEED TO HIRE THIRD BOND RATING FIRM: FITCH -- FURTHER DISCUSS NEED FOR CITY COMMISSION TO ESTABLISH PARAMETERS FOR FUTURE NEGOTIATIONS OF DELOITTE AND TOUCHE LAWSUIT -- DIRECT MANAGER TO PLACE ON AGENDA OF JANUARY 27, 1998 COMMISSION MEETING DISCUSSION OF RETAINER FEE FOR FITCH AND IBCA BOND FIRMS. (B) INSTRUCT CITY ATTORNEY TO DISCUSS RENEGOTIATION OF FEE AGREEMENT WITH TEW, CARDENAS, OUTSIDE COUNSEL -- FURTHER INSTRUCT CITY ATTORNEY, CITY MANAGER, OUTSIDE COUNSEL TO RENEGOTIATE DELOITTE AND TOUCHE SETTLEMENT AND PLACE SAME ON NEXT AGENDA. 32. ACCEPT $13,500.00 TECHNICAL ASSISTANCE GRANT FROM UNITED STATES DEPARTMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION -- FOR MARKETING FEASIBILITY STUDY ANALYSIS TO RE -USE BOBBY MADURO STATIUM -- ALLOCATE $4,500 TO MATCH FROM PROFESSIONAL SERVICES ACCOUNT 66101-270. ORDINANCE FIRST READING M 98-48 1 /13/98 M 98-49 1 /13/98 R 98-50 1 /13/98 125-136 137-147 147-148 33. (A) EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 148-155 SPECIAL REVENUE FUND: BOBBY MADURO 11595 STADIUM PROGRAM -- APPROPRIATE M 98-51 $18, 500 . 1/13/98 (B) INSTRUCT CITY MANAGER TO PROCEED WITH REQUEST FOR PROPOSALS -- FOR ASCERTAINING WHETHER TO CONTINUE TO MAINTAIN BOBBY MADURO STADIUM -- FURTHER INSTRUCT MANAGER TO RETURN WITH SAID PROPOSALS BY MAY, 1998. 34. AUTHORIZE SETTLEMENT: DONNA M. R 98-52 155-156 BALLMAN ($5,750) -- STEPHEN M. CODY 1/13/98 ($9,516) -- MICHAEL FINGAR ($1,350) IN PULSE (PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC) CASE NO. 97-75557-CA-10. 35. AUTHORIZE SETTLEMENT: ENA GARCIA R 98-53 157-158 ($60,000) -- CASE NO. 97-6795-CA(02). 1/13/98 36. APPROVE ENGAGEMENT OF DANIELS, R 98-54 158-159 KASHTAN & FORNARIS (OUTSIDE LEGAL 1/13/98 COUNSEL) -- FOR GREGORI INTERNATIONAL OF FLA, INC VS. CITY -- ALLOCATE $35,000 FROM SELF INSURANCE AND INSURANCE TRUST FUND. 37. AUTHORIZE SETTLEMENT AGREEMENT IN R 98-55 159-163 FLORIDA PANTHERS HOCKEY CLUB, LTD. 1/13/98 ET AL V. MIAMI SPORTS AND EXHIBITION AUTHROITY ET AL, CASE 96-2168-CIV- MOORE. (B). DISCUSSION REGARDING NEED FOR CITY ATTORNEY AND OUTSIDE COUNSELS TO MEET WITH COMMISSINERS TO DISCUSS PENDING LAWSUITS -- FURTHER REQUESTING GLOBAL SETTLEMENT FIGURES OF MANAGEMENT ISSUES DEALING WITH DECOMA. 38. RATIFY / APPROVE / CONFIRM EMERGENCY R 98-56 164-165 FINDINGS -- WAIVE COMPETTIVE BIDS -- 1/13/98 APPROVE EMERGENCY PURCHASE OF RENTAL VEHICLES FROM ROYAL RENT -A - CAR -- FOR POLICE -- ALLOCATE $47,500 FOR LETF ACCT. 690002.291207.6.610. 39. REQUEST $200,000 FROM MIAMI SPORTS M 98-57 166-167 AND EXHIBITION AUTHORITY TO FUND 1/13/98 INTERNATIONAL TRADE BOARD. (SEE LABEL 58) 40. APPOINT CITY COMMISSIONERS TO SERVE R 98-58 167-170 AS CHAIRPERSONS/MEMBERS OF BOARDS 1/13/98 / TRUSTS / COMMITTEES / CONSORTIUM / AGENCIES / AUTHORITIES. 41. DISCUSS / DEFER CONSIDERATION OF DISCUSSION 170 AGENDA ITEM 30 (RECERTIFICATION OF 1/13/98 BUILDINGS 40 YEARS OLD OR OLDER). 42. (A) DEFER TO FUTURE MEETING M 98-59 170-171 CONSIDERATION OF AGENDA ITEM 31 1/13/98 (POLICY OF FEE WAIVERS FOR EVENTS). (B) APPROVE REQUEST BY MAYOR SUAREZ TO PARTIALLY FUND MARTIN LUTHER KING PARADE. 43. DISCUSS / DEFER TO NEXT MEETING DISCUSSION 171-173 CONSIDERATION OF AGENDA ITEM 32 (LIFE 1/13/98 INSURANCE FOR ELECTED OFFICIALS) -- FURTHER DIRECT MANAGER TO SCHEDULE A DISCUSSION ITEM REGARDING EXECUTIVE BENEFITS ON NEXT COMMISSION AGENDA. 44. GIVE GUS VIDAURRETA DEADLINE TO M 98-60 173-178 COMPLETE PROPOSAL FOR FIREHOUSE 1/13/98 FOUR RESTAURANT AT 1000 SOUTH MIAMI AVENUE -- FURTHER INSTRUCTING ADMINISTRATION TO DRAFT REQUEST FOR PROPOSAL IN CASE OF NONCOMPLIANCE. 45. APPROVE INSURANCE PACKAGE FOR CITY M 98-61 178-182 MANAGER GARCIA-PEDROSA -- DEFER 1/13/98 CONSIDERATION OF BENEFITS PACKAGE FOR CITY MANAGER. 46. CONTINUED DISCUSSION ON EVALUATION DISCUSSION 183 OF LAW DEPARTMENT. 1/13/98 47. APPOINT JESUS CASANOVA TO PLANNING M 98-62 183-184 ADVISORY BOARD -- SEE LABEL 67. 1/13/98 48. APPOINT MEMBERS TO THE ADVISORY R 98-63 184-186 BOARD: Ivan Barrett, Charles J. Flowers, 1/13/98 Ricardo Sarmiento, Alberta (Tina) Duncan, Ruben Bargueiras, Jr., Overton Brooks. 49. APPOINT MEMBERS TO BAYFRONT PARK R 98-64 186-187 MANAGEMENT TRUST: Paul Singerman, 1/13/98 Stephanie Kerr, Fred Joseph, Dino Galardi, Ruth Greenfield, Linda Eads, Tina Hills. 50. APPOINT MEMBERS TO MIAMI AFFORDABLE R 98-65 187-189 HOUSING ADVISORY COMMITTEE: Carlos 1/13/98 Martel, Rafael Cabezas, Lissette Rodriguez, Mardi Newbold, Marty Urra. 51. APPOINT MEMBERS TO CITYWIDE R 98-66 189-190 COMMUNITY DEVELOPMENT ADVISORY 1/13/98 BOARD: Irby McKnight, Grady Mahammad, Michel Lubin. 52. DEFER APPOINTMENTS TO CIVIL SERVICE M 98-67 191-192 BOARD. 1/13/98 53. APPOINT RAMIRO R. MARENO TO R 98-68 192-194 COCONUT GROVE STANDING FESTIVAL 1/13/98 COMMITTEE. 54. APPOINT BRUNO CARNESELLA / E. J. M 98-69 194-197 GARCIA / RANDY HILL / HARCOURT CLARK M 98-70 TO COCONUT GROVE PARKING ADVISORY 1/13/98 COMMITTEE ALSO APPOINT FRANK BALZEBRE / SUE BILLIG / DAVID GELL / LEE MARKS (REPRESENTING COCONUT GROVE VILLAGE COUNCIL) -- SEE LABEL 74. 55. APPOINT JASPER SWEAT TO CODE R 98-71 197-198 ENFORCEMENT BOARD. 1/13/98 56. APPOINT MEMBERS TO SERVE ON MIAMI R 98-72 198-200 SPORTS AND EXHIBITION AUTHORITY 1/13/98 (MSEA): Bobby Ratiner, Julio Shepard, Amancio Suarez, SDteve Niefler, Al Houstion, Neil Harrington, Commissioner Hernandez and Orlando Garcia. 57. (A) APPOINT MEMBERS TO SERVE ON R 98-73 200-202 HISTORIC AND ENVIRONMENTAL M 98-73.1 PRESERVATION BOARD: Richard M 98-73.2 Heisenbottle, Joseph Richards, Raul Rodriguez, 1/13/98 Luisa Murai, Rey Martinez and Rene Rolle. (B) WAIVE RESIDENCY REQUIREMENTS FOR APPOINTMENTS TO HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD -- SEE LABEL 60. 58. (A) APPOINT MEMBERS TO SERVE ON R 98-74 202-203 INTERNATIONAL TRADE BOARD: Bob 1/13/98 Rodriguez, Maria Elena Alfonso, Rafael Garcia - Toledo, Vicky Leiva, Waldo Castro-Molleda, Raymundo Escarra, Antonio Llamo Montes, Jacques Despinose, Bobbie Mumford and Dwayne Wynn. (B) COMMENTS REGARDING FUNDING FOR INTERNATIONAL TRADE BOARD. (SEE LABEL 39) 59. APPOINT MEMBERS TO LATIN QUARTER R 98-75 204 REVIEW BOARD: Jorge Trelles, Rafael 1/13/98 Portuondo, Hector Gasca, Jose Navarro, Lucrecia Machado and Manulla Calvo. 60. WAIVE RESIDENCY REQUIREMENT FOR M 98-76 205 HISTORIC AND ENVIRONMENTAL 1/13/98 PRESERVATION BOARD -- SEE LABEL 57. 61. APPOINT CAROLYN COPE / YVES FORTUNE R 98-77 TO STREET CODESIGNATION REVIEW 1/13/98 COMMITTEE. 62. DISCUSS / DEFER APPOINTMENTS TO DISCUSSION WATERFRONT ADVISORY BOARD. 1/13/98 63. APPOINT CAROLYN COPE TO NUISANCE M 98-78 ABATEMENT BOARD -- SEE LABEL 65. 1/13/98 64. BRIEF DISCUSSION REGARDING DISCUSSION APPOINTMENTS TO PERFORMING ARTS 1/13/98 TRUST -- SEE LABEL 66. 65. APPOINT CAROLYN COPE AND JAMES R 98-79 MOSS TO NUISANCE ABATEMENT BOARD -- 1/13/98 SEE LABEL 63. 66. APPOINT RUTH GREENFIELD TO R 98-80 PERFORMING ARTS TRUST -- SEE LABEL 1/13/98 64. 67. APPOINT MEMBERS TO PLANNING R 98-81 ADVISORY BOARD: Jesus Casanova, Carlos 1/13/98 J. Arboleya, DOris Scheer, Ofelia Tabares- Fernandez and James Black -- FURTHER INSTRUCT CITY CLERK TO READVERTISE FOR APPLICANTS. (SEE LABEL 47) 68. APPOINT MEMBERS TO PROPERTY AND R 98-82 ASSET REVIEW COMMITTEE: Moreno Habif, 1/13/98 Roger Barreto, Carlos deZayas, Robert Sinclair. 69. APPOINT SAM MASON TO UNITY COUNCIL R 98-83 OF MIAMI (TUCOM). 1/13/98 70. APPOINT HAKKI KOROGLU / WILLY R 98-84 BERMELLO / FIDEL PEREZ TO URBAN 1/13/98 DEVELOPMENT REVIEW BOARD. 71. APPOINT MEMBERS TO ZONING BOARD: R 98-85 Juvenal Pina, Gloria M. Basila, Osvaldo Moran 1/13/98 and Christine B. Morales -- FURTHER INSTRUCT CITY CLERK TO READVERTISE FOR MORE APPLICATIONS. 72. (A) DISCUSS CITY COMMISSION NEED TO DISCUSSION CONFIRM DOWNTOWN DEVELOPMENT 1/13/98 AUTHORITY APPOINTMENTS. (B) CONSIDER RATIFICATION PROCESS OF APPOINTMENTS TO BOARDS WHICH HANDLE LARGE AMOUNTS OF FUNDING OFF STREET PARKING, DOWNTOWN DEVELOPMENT AUTHORITY. 206-207 MIN 207-208 208 209-210 210-211 211-213 213-214 214-215 215-216 217-218 218-219 73 (A) DISCUSS / DIRECT CITY MANAGER TO DISCUSSION APPRISE COMMISSIONERS OF FUTURE 1/13/98 HIRINGS / APPOINTMENTS IN THE OFFICE OF THE CITY MANAGER. SB) ADMINISTRATION TO DRAFT CONTROLS STANDARDS / POLICY ON OUTSIDE EMPLOYMENT FOR MAYOR. 74. APPOINT ROBERT MASRICH TO COCONUT R 98-86 GROVE PARKING ADVISORY COMMITTEE -- 1/13/98 SEE LABEL 54. 75. (A) SCHEDULE COMMUNITY R 98-87 REDEVELOPMENT AGENCY MEETING FOR 1/13/98 JANUARY 27, 1998 AT 2:P.M., IN CITY HALL. (B) APPOINT KPMG PEAT MARWICK TO SERVE AS AUDITING FIRM FOR CRA SOUTHEAST OVERTOWN/PARK WEST -- FURTHER APPOINT WATSON-RICE TO SERVE AS AUDITING FIRM FOR OMNI REDEVELOPMENT DISTRICT -- FURTHER INSTRUCTING ENGAGEMENT OF PLANNING/ARCHITECTURAL FIRM TO EVALUATE EXISTING BOUNDARIES OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT. 219-221 221-223 223-225 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13th day of January, 1998, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 10:10 a.m. by Presiding Officer/Commissioner Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Wifredo Gort (District 1) Commissioner J.L. Plummer, Jr. (District 2) Chairman Humberto Hernandez (District 3) Commissioner Tomas Regalado (District 4) Vice -Chairman Arthur E. Teele, Jr. (District 5) Jose Garcia Pedrosa, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk An invocation was delivered by Monsignor Roman and Reverend Richard Dunn who then led those present in a pledge of allegiance to the flag. Commissioner Regalado: Mr. Chairman, if I may, just to recognize, also, we have here our most Reverend Archbishop John Favarola and Bishop Gilberto Fernandez from the Catholic Church, and of course, Bishop Roman. Chairman Hernandez: Very well. And I'd like to welcome, also, every representative from the Christian Coalition. I believe Anthony Verdugo is here. Welcome. 1 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 1. PROCLAMATIONS (A) MRS. BERDIE M. MONROE DAY -- ON HER 100TH BIRTHDAY. (B) COMMENDATION TO NANCY YERENA AND CONTINENTAL BANK FOR THEIR DONATION OF TOURS AND GIFTS TO MIAMI UNDER -- PRIVILEGED CHILDREN. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: We have some proclamations today, this morning. We're going to start with Vice Chairman Teele. Vice Chairman Teele: Thank you, Mr. Chairman. Miami is suntil a young City, and it's always an honor to recognize someone that is just about as young as Miami. Mr. Chairman, members of the Commission, honored residents of the City of Miami, today we honor a young lady who was born originally in White Springs, Florida, and has been a resident of Miami since 1935, a resident of the Floral Park community since 1954. Mr. Chairman, it's an honor to bring forth a glowing example of stewardship, being designated as the mother of the church of the historic Mount Zion Church. Mr. Chairman, members of the City, I would ask you to join in saluting Birdie M. Monroe on her 100th anniversary as a resident of this great planet. (APPLAUSE) Chairman Hernandez: This is in salute to Birdie M. Monroe, in recognition of your valuable contributions to our community. Whereas mother of the church of the historic Zion Baptist Church, you have been a living example and an inspiration to the church and family. On the occasion of your 100th birthday, we offer our best wishes and happiness in all your future endeavors. Congratulations. Ms. Birdie M. Monroe: Thank you. (APPLAUSE) Commissioner Plummer: That's for making it halfway. Commissioner Gort: You have another hundred to go. Vice Chairman Teele: Just don't let J.L. talk to you. Ms. Monroe: Thank you. Commissioner Gort: Happy birthday. Chairman Hernandez: If I can call up Nancy Yerena from Continental Bank, and the president of Continental Bank, I believe, is here, too. Commissioner Plummer: She's on her way. Chairman Hernandez: This past holiday season during the Christmas holidays, Continental Bank, fortunately for the City of Miami, came forward, and with the help of Continental Bank, its president and Ms. Nancy Yerena, who is here, helped the City of Miami donate more than 800 toys and gifts to our needy children in the City of Miami, which were distributed throughout 2 January 13, 1998 the City of Miami. And I thought it was important this morning to salute Continental Bank, its president, and Nancy Yerena for their donation of these gifts for all our underprivileged and needy kids. I want to congratulate them on behalf of the City of Miami. I'd like to give you this proclamation as president of Continental Bank. Nancy, thank you very much... this certificate of appreciation on behalf of the City of Miami. Commissioner Gort: Nancy began her career in Allapattah. Commissioner Plummer: Next year, forget about the toys. Send money. Chairman Hernandez: Congratulations very much. Thank you very much. (APPLAUSE) Commissioner Plummer: We need a little beauty in here with all this ugliness. Chairman Hernandez: Have a good day. Commissioner Plummer: That's it? Chairman Hernandez: That's it. Chairman Hernandez: If you could check your agendas, prior to starting. Prior to the distribution of the agenda, CA-14, CA-28, item 3, 19, 27, 28 and 35 have been withdrawn. And following the distribution of the agenda, CA-37 has also been withdrawn. NOTE FOR THE RECORD: Prior to the beginning of the meeting, Administration had withdrawn the following agenda items: CA-14, CA-28, 3, 19, 27, 28 and 35. Following the distribution of the agenda, item CA-37 was withdrawn. ---------------------------------------------------------------------------------------------------------------- 2. CONSENT AGENDA DISCUSSION REGARDING CDBG FUNDS -- SEE LABEL 14. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: We're going to be handling this morning, since the majority of the people that are here today are for the fire assessment fee, we have a lot of people here this morning, we're going to be handling the consent agenda in the early morning. After we finish the consent agenda, then we're going to be skipping to the fire assessment fee, which is item number 15 on the agenda, so we can discuss that and then move on to the rest of the agenda items. Are there any questions on the consent agenda? I have one that... Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: I'm new to this process, but I need to understand where we are going as it relates to the allocation of funds. It's clear that there's a tradition, and I want to be a part of the 3 January 13, 1998 tradition. I don't want to break the tradition. But it's also very clear that this community has a financial emergency. I will not object to any item on the consent agenda, Commissioner Gort, but I would just ask the Commission to keep in mind as we move forward with this new structure of government, one which requires that there be committees... I don't even understand the nonsensical nature of the committees that is set forth in the Charter, but I really won't get into that. It requires certain committees. And if we're going to allocate dollars as a matter of consent, without there being any... without there being any criteria by which we allocate money, it seems to me that what we're involved in is a first come, first serve, and whoever is at the end gets very little or nothing. And I commend Commissioner Gort, because this is... I mean, this is great legislative work on his part, or his constituents' part. But it's very, very clear that when we start moving around a hundred thousand dollars ($100,000), seven hundred thousand dollars ($700,000)... and I understand the seven hundred thousand dollar ($700,000) portion has been amended out. Is that correct, Mr. Attorney, Mr. Manager? A. Quinn Jones, III, Esq. (City Attorney): That's correct. Vice Chairman Teele: Could you just tell me what the status of the... Mr. Manager or Mr. Waters, whoever you designate? Chairman Hernandez: We're looking at consent agenda 13. Mr. Elbert Waters (Director, Community Development): Mr. Vice Chairman, the... On CA-13, the status of the additional request on this item is to have it withdrawn at this particular time, and to allow the... Vice Chairman Teele: The full item? Mr. Waters: No, sir, only the request for approximately seven hundred and twenty thousand Commissioner Gort: For future... Mr. Waters: The first part of the request, which is approximately five hundred thousand dollars ($500,000), is the reaffirmation of this Commission's approval, which took place back in July of this particular project. So all we're doing on the first part is formalizing the intent of the Commission at that particular time, and the developer had requested an additional seven hundred thousand dollars ($700,000) of which the Administration is withdrawing. Vice Chairman Teele: What is the leverage in this grant? What is the amount of money being leveraged? Mr. Waters: The total amount of the project, as I understand it, is approximately three million. So the portion that is being proposed, at least from the assistance of the City's side, is at this particular time five hundred thousand. But it is the intent, as I understand it, for the developer to request that an additional seven hundred thousand dollars ($700,000) be approved for this project at some time in the future. So in essence, from the City's portion, we're looking at approximately - if it's approved by this Commission - approximately two point three million dollars ($2.3 million), of a total three million dollar deal. Vice Chairman Teele: And so the leverage ratio would be what? Mr. Waters: Approximately... Vice Chairman Teele: Approximately one to one. 4 January 13, 1998 Mr. Waters: One to one, in this instance. I'm looking at the numbers. Approximately. Vice Chairman Teele: Well, again, I'm not going to object, because I'm new. I'm trying to understand, but you're talking about a leverage of one to one. What's the backlog of... This is CDBG (Community Development Block Grant) money? Mr. Waters: Yes, sir. Well, home. Chairman Hernandez: Home funds. Mr. Waters: Home in this instance, sir. Vice Chairman Teele: The five hundred thousand is home, right? Mr. Waters: Yes, sir. Vice Chairman Teele: All right. I think we really need to establish, Commissioner Plummer, Gort, Regalado, Mr. Chairman, I think we really need to establish an objective criteria of minimums for leverage. Obviously, we could waive them, but I really think we should have a criteria that applies in Liberty City, and Allapattah, and Overtown, and Wynwood, that is gender blind and color blind, that is strictly green, in terms of what we're looking for in our leveraging of public dollars. And I would move the entire item, unless there's... Commissioner Gort: Commissioner, Commissioner Teele, the... One of the things... I agree with you 100 percent. I don't know why this was placed in the consent agenda. I did not request it to be in the consent agenda, because I think this is an item that needs to be discussed. As you and I are aware, both within your district and my district, affordable housing is something that we could try to drive for. This is in front of us as a consent agenda because it's been with us before. The individuals who sent in this application have a track record of building affordable housing within the industry, within Allapattah. At the same time, these individuals have done quite a bit. They're the top CBO (Community -Based Organization) agencies within the whole system. They have provided assistance to merchants within 17th Avenue and 20th Street. And it's an organization that has proven itself. I want you to know that when I first was elected in '93, November '93, my first step... in November '94, in the CB... is eliminating four agencies that were not performing. And I agree with you 100 percent. I think we have to be very careful who we allocate our funds to, and make sure that those funds provide the services that they're committed to provide. So I agree with you 100 percent. I don't know why it's in the consent agenda, but I would not want something like this in the consent agenda, and I agree with you on that. Chairman Hernandez: Well, it's been further modified. And I agree with you. I think it was originally put because it had been passed by the Commission in the past. And obviously, this resolution has now been modified, and we're dealing with it now. I think we should also discuss at this point, Vice Chairman Teele, because we have it in front of us, so we don't have to go back, a pocket item which deals directly with the modification of this resolution, which has just been handed out by Commissioner Gort. And Commissioner Gort, if you can explain your pocket item on this related issue. Commissioner Gort: As we stated before, one of the greatest needs that we have in Allapattah is affordable housing. This is another group that's got two... They need a pledge from us in order to secure the tax credit out of the State of Florida, and this is for future commitment. We would not allocate any funds to these individuals unless the State of Florida would allocate the funds to do so. 5 January 13, 1998 Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Yes, Vice Chairman Teele. Vice Chairman Teele: Again, I chair the Economic Development Committee, whatever that is, and we have not had a meeting. And the last thing I want to do is start slowing things down and asking that they be reviewed. However, I think as we come on line, at some point, we really are going to have to review these matters. May I inquire as to what the address is for this site? Chairman Hernandez: On the pocket item? Vice Chairman Teele: On the pocket item. Chairman Hernandez: I believe it's right over... We have a gentleman that represents the company, but I believe it's right over the bridge, right by Jackson Memorial Hospital. Mr. David Deutsch: Yes. Commissioner, my name is David Deutsch. The location of the development is Northwest 14th Street and Northwest 16th Avenue. Vice Chairman Teele: Excuse me, Mr. Chairman and Mr. Deutsch. For the record, would you give your name and your address, please. Mr. Deutsch: David Deutsch. My address is 2665 South Bayshore Drive. And I am a principal of Affordable Neighborhoods, Inc. Vice Chairman Teele: And the address of the site again is? Mr. Deutsch: The site is Northwest 14th Street and Northwest 16th Avenue. Vice Chairman Teele: And Mr. Chairman, if I may. What is the leverage that we're looking at, if we assume that the... The way this is written - and it's very well written - it assumes that what we're giving you is permission to go ahead and ask for a State tax credit. So we want to encourage people to be creative. And the tax credit would be in the amount of? Mr. Deutsch: We're talking about leveraging the City's money in the neighborhood of five to one. We will receive approximately five million dollars ($5,000,000) from the State of Florida against the million dollars, the million one twenty-five we are requesting here today. Vice Chairman Teele: So your leverage is five to one. Mr. Deutsch: Yes, sir. Vice Chairman Teele: We're making progress. I'm enthusiastic for this. Chairman Hernandez: Also, Vice Chairman Teele, for the record, on CA-13, I think it's important, and I think it's important for your community in your district, that at a minimum, this project, home ownership project is going to be housing, according to the developers, 75 percent African -American, which is also good news. And there's some representatives... Commissioner Gort: Which happens to be right on the borderline between yours and mine. Vice Chairman Teele: It's a transitional area. Chairman Hernandez: Right. 6 January 13, 1998 Vice Chairman Teele: In fact, many of the very distinguished residents of this community, people like Board Member Fredericka Wilson and many other distinguished citizens live in that other area that we have previously discussed. And I'm well aware of it. Commissioner Regalado: Mr. Chairman. Chairman Hernandez: Commissioner. Commissioner Regalado: We all know that the focus of the attention today will be the fire fee, of course, and because we have so many items in the consent agenda, I would like just to point out to the people of Miami, to the members of the press that it's important to note that in this consent agenda, this Commission is approving this morning four items regarding a sidewalk repair program from Allapattah, Model City, Coconut Grove and Little Havana. I commend the Public Works Department and the Administration for bringing this up. We will begin construction of 200,000 square feet of sidewalks in four areas of the City of Miami. And as Vice Chairman Teele said, this is what the money is all about. And it's important, and the people of Miami will realize that this government is working, and that we'll soon start construction and repair of many... Chairman Hernandez: A lot less lawsuits, too. Commissioner Regalado: I'm sorry? Chairman Hernandez: A lot less lawsuits. Commissioner Regalado: Absolutely. Absolutely. We have many pending, though. But... and we wish that we could do immediately one million square feet. But we were working, and the Public Works Department is working with the Administration and this Commission, and the Mayor to help. Chairman Hernandez: OK. Thank you very much. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: If I may. I would like to ask the Public Works Director if he could come forward, through the Manager, please. Mr. Jim Kay (Interim Director, Public Works): Yes, sir. Vice Chairman Teele: Mr. Manager... Mr. Chairman, I'd like to echo what Commissioner Regalado has just said. This is really the first time that we're really moving forward with dealing with the public business. And one of the concerns, my colleagues, is that we have allowed, historically, when you look at the funds, the CDBG funds, we've allowed the funds to be targeted away from the general benefit of the public. They've gone so much towards specialized items. I have had the opportunity, Mr. Manager, to meet with your Public Works Director, at the request of Chairman Regalado, who is chairing the Public Works Committee, and to try to integrate what we're doing in terms of the economic development. Would you mind telling the Chairman and the members of this Commission what the estimated backlog of community development eligible highways or roads are in this City today? Mr. Kay: We have conducted an estimate of cost on streets in our community development target areas within the City here, in all areas, streets identified to be in poor and critical 7 January 13, 1998 condition. The price tag on that in today's dollars is approximately sixty-four million dollars ($64,000,000). Vice Chairman Teele: Sixty-four million dollars ($64,000,000). So every time we spend CDBG funds for various projects to benefit a small group of people, what we're doing is taking away the real benefit or one of the benefits... and I think we have to balance this. But I have pledged publicly, and I renew that pledge, to work with Commissioner Regalado to begin to work down the backlog on sidewalks and streets in this City, something that benefits all of the citizens, particular in the CD (Community Development) target areas. Mr. Chairman, I would move the items by Commissioner Gort and the consent agenda, unless there are other... Chairman Hernandez: That concludes the pocket item. Before we... Commissioner Plummer: Not the total consent. Chairman Hernandez: Unless somebody's got something. Commissioner Plummer: No. I need to pull item 12 and 21. Chairman Hernandez: OK. We're under... Vice Chairman Teele: I would move all the items other than 12 and 21, and the pocket item by Commissioner Gort. Chairman Hernandez: Twelve and 21. Commissioner Plummer: You have to do that separate. Chairman Hernandez: CA-12? Commissioner Plummer: Twelve and 21. Vice Chairman Teele: All the items other than 12 and 21, so move. Commissioner Regalado: Second. Commissioner Plummer: Second. Chairman Hernandez: We've got a motion by Commissioner... Commissioner Plummer: Under discussion, Mr. Chairman. Commissioner Teele, you make a very good point. I think each and every one of us were appointed as a Chairman to a certain facet of government. I said it in Best this morning, but I'm going to say it in seriousness now to the Manager. Mr. Manager, for whatever it is worth, and we're going to find out, the Mayor appointed myself as Chairman of public safety, which is police and fire. It is my intention that from this day forward that no item comes on the agenda that does not go before that committee prior to an agenda item. Now, you know, it's the idea that either... I'm not going to turn around later and be accused of, "Why didn't you look into something?" If I am the Chairman of that committee, I feel an obligation, and as far as I'm concerned, I think each and every one of us have that obligation in the area of authority that we will exercise. So I'm merely stating to you this morning that in the future, I will invoke the rule that nothing of police and fire shall get on an agenda without first coming before the committee. Chairman Hernandez: Commissioner Plummer, on CA-21, you are aware that this is a 100 percent grant fund? 8 January 13, 1998 Commissioner Plummer: Yes, sir, but I don't have the backup necessary to tell me where the money is going, except for on an engineer. We can defer it until this afternoon and then maybe have the opportunity to come at lunch and tell me where the money is going. Chairman Hernandez: OK. We have a motion... Commissioner Plummer: Excuse me. It's not just the acceptance of the grant. It's also allocating the money. Mr. Waters: Excuse me, Mr. Chairman. Chairman Hernandez: Yes. Mr. Waters: Again, for your edification, the Administration is requesting a modification on CA- 13, which would withdraw the second part of the request, which is approximately seven hundred and twenty thousand. We're proposing that prior to the vote. Chairman Hernandez: Right. So we're reaffirming the five hundred thousand. Mr. Waters: Yes, sir. Chairman Hernandez: And deferring on the seven twenty. Mr. Waters: Withdrawing. Chairman Hernandez: Withdrawing it. Mr. Waters: Yes. Chairman Hernandez: Before we vote, we have a motion by Vice Chairman Teele and a second by Commissioner Plummer. There are certain people that want to discuss... make some statements. State your... Mr. Mariano Cruz: I want to say something, yeah. Mariano Cruz, 1227 Northwest 26th Street. I am not opposed to anything in the consent agenda. What I want is some explanation. And as a point of clarification, I'm going to mention that I served on the Board of CDBG for many years. And once we were talking about sidewalks. They took a million dollars ($1,000,000) from Overtown, Little Haiti and Allapattah for the sidewalks, and Mr. Kay is there, and they used it for the Camilus House thing. The money was lost. It was lawyer's fee, whatever it was there. But it was used, a million dollars ($1,000,000). That was from Overtown, Little Haiti and Allapattah. And they... That money was lost. And now, the thing I want to know, is the Law Enforcement Trust Fund... The other day I was talking, and Mr. Plummer interrupt me and said, when Albert Ruder was Manager, that Mr. Ruder would give me a report on the Law Enforcement Trust Fund. I'm suntil waiting. That was eons ago. Ruder, then Rollason, and now Mr. Garcia Pedrosa. I haven't received any information. And I called your office and reminded Mrs. Sterling of that. Nothing yet. And... Commissioner Plummer: We'll get the whip. Mr. Cruz: Well... And the other thing, of all those of the CDBG that builds in Allapattah, that Ralph program should have been done a year ago. The only thing, that was deferred, and deferred, and deferred on account of a political vendetta of Mr. Carollo against Cabeza and the people of ABDA (Allapattah Business Development Authority). And that, I know that, and you know that, because that Commission... those Commissioners were sitting right there, too. 9 January 13, 1998 Chairman Hernandez: Thank you very much, Mr. Cruz. Mr. Cruz: Thank you. Chairman Hernandez: State your name and address for the record, please. Mr. Carlos Martell: Carlos Martel, 6311 Southwest 34th Street. I am a consultant for Allapattah Business Development Authority. And for clarification on agenda item CA-13, I'd like to say that the leverage is two to one. The entire project is a three million dollar ($3,000,000) project. And we're bringing two million dollars ($2,000,000) from outside source. So it's two to one from the City. Another thing is I... This item went in front of the Commission on July loth, and on the 24th. And back then, there was... Commissioner Plummer: Do you know that when you're ahead, you quit talking? Mr. Martell: Well, I brought some things for the Commission... Commissioner Plummer: You know, they're ready to make a motion to approve, and you're trying to talk yourself out of it? Mr. Martell: No, no, no. I'm just making some clarifications. Commissioner Plummer: Thank you. Nice to hear from you. Vice Chairman Teele: Well, I really have some questions, now that he's here. I really do. Commissioner Plummer: OK. I mean, you know, fine. But he's sitting here giving a commercial. Vice Chairman Teele: Let me... If I may, Mr. Chairman. Chairman Hernandez: Vice Chairman. Vice Chairman Teele: I mean... And I appreciate you coming down. And Commissioner Plummer's point is probably the most germane point, and that is, when you are ahead, you really should stop. But what do you... From your professional experience - and I know Commissioner Gort has commended your agency - what would you recommend to be an appropriate leverage of home and CDBG dollars for housing activities? What is a threshold that you think this Commission should look to? Mr. Martell: It depends if you're doing home ownership or rental communities. If you're doing rental communities, you'll probably be looking at a five to one, but if you're doing home ownership, it's impossible to leverage that much amount in that specific target area, because it's not affordable to the people who live in the area. So you have to leverage at least three to one, in order to make it affordable for the people. The amount of leverage that we get is the amount of affordability that we need in order to supply housing to the people in the area. Vice Chairman Teele: But your bottom line would be three to one for rental, and five to one for... Chairman Hernandez: No, the other way around. Mr. Martell: The other way around, sir. Three to one for home ownership... And that's how I've been able to do it for the Allpattah area. 10 January 13, 1998 Vice Chairman Teele: Three to one... Mr. Martell: Other target areas could vary. Depends on... Chairman Hernandez: The home ownership. Vice Chairman Teele: ... the home ownership, and five to one, rental? Mr. Martell: Yes, sir. Vice Chairman Teele: And what is the Ralph Project going to be? Martell: Two to one. I'm sorry, two to one for home owner... two for private funds, one for County. Vice Chairman Teele: So using your own definition, if we had this as an ordinance, it would fall short. Mr. Martell: Yes, sir. I'm sorry, no. It was meant to say it was two to one. The thing is... Vice Chairman Teele: Oh, now you want to drop it. Mr. Martell: Yeah. That's how I managed to do it. I'm sorry, I got confused with the numbers there. But it's a matter of making it affordable. You can't have it one set way for any particular area. It depends on the income level of the people that live in the area. That's basically how much you can leverage in. Vice Chairman Teele: Thank you. I look forward to meeting with you. Mr. Martell: I had some information to... Vice Chairman Teele: And Commissioner Gort has paid you high compliments, so you really should. Mr. Martell: OK. Could I give... Commissioner Plummer: His only problem is he has a fatal attraction. Chairman Hernandez: Thank you very much. Thank you. Mr. Martell: OK. Commissioner Plummer: I don't believe it. Chairman Hernandez: We have a motion and... Commissioner Plummer: I think I'll vote against it, just to show him and tell him... Chairman Hernandez: And we have a second. Commissioner Plummer: Just to give him an idea that we don't want him talking. Chairman Hernandez: All those in favor, say "aye." 11 January 13, 1998 The Commission (Collectively): Aye. Chairman Hernandez: All those against? We've got a unanimous vote. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WA DETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY VICE MAYOR TEELE AND SECONDED BY COMMISSIONER PLUMMER, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 2.1. ALLOCATE SEVEN THOUSAND DOLLARS ($7,000.00) FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. -- FOR COMMERCIAL CODE COMPLIANCE REHABILITATION. RESOLUTION NO. 98-1 A RESOLUTION ALLOCATING FUNDS, IN THE AMOUNT OF SEVEN THOUSAND DOLLARS ($7,000.00), FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613, TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., (ABDA), FOR THE REHABILITATION OF ONE(1) BUSINESS LOCATED IN THE ALLAPATTAH TARGET AREA, IN CONJUNCTION WITH THE COMMERCIAL CODE COMPLAINCE PROGRAM, SAID ALLOCATION TO BE BASED UPON A 70%-30% MATCH BETWEEN THE CITY OF MIAMI AND THE BUISNESS OR PROPERTY OWNER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 12 January 13, 1998 2.2. ALLOCATE NINETY-TWO THOUSAND FOUR HUNDRED DOLLARS ($92,400) FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY -- FOR COMMERCIAL FACADE REHABILITATION. RESOLUTION NO. 98-2 A RESOLUTION AUTHORIZING THE ALLOCATION OF NINETY- TWO THOUSAND, FOUR HUNDRED DOLALRS ($92,400.00), FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT 799602 TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., FOR THE REHABILITATION OF SIXTY-SIX (66) BUSINESSES LOCATED IN THE ALLAPATTAH ARA UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM; SAID FUNDS TO BE DISBURSED AS HEREIN SPECIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.3. AUTHORIZE TWENTY THOUSAND DOLLARS ($20,000) FROM LAW ENFORCEMENT TRUST FUND -- FOR MODEL CITY CRIME PREVENTION SUB - COUNCIL. RESOLUTION NO. 98-3 A RESOLUTION AUTHORIZING THE FUNDING OF THE MODEL CITY CRIME PREVENTION SUB -COUNCIL, IN AN AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 13 January 13, 1998 2.4. APPROVE PURCHASE OF ENVELOPES FROM MAC PAPERS, INC. -- ALLOCATE $13,000 FROM USER DEPARTMENTS BUDGETS. RESOLUTION NO. 98-4 A RESOLUTION APPROVING THE PURCHASE OF ENVELOPES CITYWIDE FROM MAC PAPERS, INC., ON AN AS -NEEDED CONTRACT BASIS THROUGH AUGUST 28, 1999, FOR VARIOUS CITY DEPARTMENTS UNDER EXISTING STATE OR FLORIDA CONTRACT NO. 310-000-98-1, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $13,000,00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS USER CITY DEPARTMENTS AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE ACQUISITIONS. 2.5. ACCEPT LEASE AGREEMENT: FORD MOTOR COMPAY -- FOR ONE VEHICLE LEASE -- FOR GENERAL SERVICES ADMINISTRATION -- ALLOCATE $7,608. FROM ACCOUNT 503001.420905.6.610. RESOLUTION NO. 98-5 A RESOLUTION ACCEPTING THE LEASE AGREEMENT PRESENTED BY FORD MOTOR COMPANY, FOR THE LEASING OF A VEHICLE UNDER THE GOVERNOR/MAYOR LEASE VEHICLE PROGRAM,. FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FOR A TERM OF ONE (1) YEAR, AT A TOTAL COST OF $7,608.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 503001.420905.6.610; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 14 January 13, 1998 2.6. APPROVE LEASING OF PAGER FROM PAGING NETWORK OF ORLANDO, INC. -- ALLOCATE $15,000 FROM LAW ENFORCEMENT TRUST FUND ACCOUNT 690001.690002 AND 690003. RESOLUTION NO. 98-6 A RESOLUTION APPROVING THE LEASING OF PAGERS FROM PAGING NETWORK OF ORLANDO, INC., FOR THE DEPARTMENT OF POLICE, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5338-2/99-1, ON AN AS -NEEDED CONTRACT BASIS FOR SIX (6) MONTHS WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $15,000.00; ALLOCATING FUNDS THERFOR FROM THE POLICE DEPARTMENT'S LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 69002, and 69003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING IWTH THE PROVISIONS OF THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING"; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.7. ACCEPT BID: MEF CONSTRUCTION, INC. -- FOR COCONUT GROVE C.D. SIDEWALK PROJECT, B-4604 -- ALLOCATE $110,000 FROM CAPITAL IMPROVEMENT PROJECT 341302. RESOLUTION NO. 98-7 A RESOLUTION ACCEPTING THE BID OF MEF CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF $99,000.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "COCONUT GROVE C.D. SIDEWALK PROJECT, B-460211; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341302, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $98,000.000 TO COVER THE CONTRACT COST AND $12,000.000 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $110,000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 15 January 13, 1998 2.8. ACCEPT BID: MEF CONSTRUCTION, INC. -- FOR LITTLE HAVANA SIDEWALK PROJECT, B-4604 -- ALLOCATE #207,990 FROM CAPITAL IMPROVEMENT PROJECT 341306. RESOLUTION NO. 98-8 A RESOLUTION ACCEPTING THE BID OF MEF CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF $186,250.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "LITTLE HAVANA C.D. SIDEWLAK PROJECT, B-4604"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341306, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $186,250.00 TO COVER THE CONTRACT COST AND $21,740.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $207,990.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.9. ACCEPT BID: MEF CONSTRUCTION, INC. -- FOR MODEL CITY SIDEWALK PROJECT, B-4605 -- ALLOCATE $106,100 FOR CAPITAL IMPROVEMENT PROEJCT 341308. RESOLUTION NO. 98-9 A RESOLUTION ACCEPTING THE BID OF MEF CONSTRUCTION, INC., IN THE PROPOSED AMOUNT OF $94,500.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "MODEL CITY C.D. SIDEWALK PROJECT, B-4605"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341308, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $94,500.00 TO COVER THE CONTRACT COST AND $11,600.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $106,000.00; AND AUTHORIZING HTE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 16 January 13, 1998 2.10. ACCEPT BID: SIGMA CONSTRUCTION & ENGINEERING CORPORATION FOR LITTLE HAVANA STORM SEWER IMPACT FEE PROJECT, B-5626 -- ALLOCATE $116,000 FROM CAPITAL IMPROVEMENT PROJECT 352293. RESOLUTION NO. 98-10 A RESOLUTION ACCEPTING THE BID OF SIGMA CONSTRUCTION & ENGINEERING CORPORATION, IN THE PROPOSED AMOUNT OF $98,900.00 ALTERNATE TOTAL BID OF THE PROPOSAL FOR THE PROJECT ENTITLED "LITTLE HAVANA STORM SEWER IMPACT FEE PROJECT, B-5626", ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 352293, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $98,900.00 TO COVER THE CONTRACT COST AND $17,100.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $116,000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.11. ACCEPT BID: HOMESTEAD CONCRETE & DRAINAGE, INC. FOR ALLAPATTAH C.D. SIDEWALK PROJECT, B-4601 -- ALLOCATE $188,825 FROM CAPITAL IMPORVEMENT PROJECT 341300. RESOLUTION NO. 98-11 A RESOLUTION ACCEPTING THE BID OF HOMESTEAD CONCRETE & DRAINAGE, INC., IN THE PROPOSED AMOUNT OF $169,350.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "ALLAPATTAH C.D. SIDEWALK PROJECT, B-4601"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341300, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $169,350.00 TO COVER THE CONTRACT COST AND $19,475.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $188,825.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 17 January 13, 1998 2.12. REAFFIRM COMMITMENT OF $500,000 ALLOCATION OF HOME PROGRAM FUNDING -- FOR RALPH'S TOWNHOMES PROJECT (N.W. 39 STREET AND 17 AVENNUE) BY ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. FROM PROJECT ACCOUNT 198006.630201.6.946. RESOLUTION NO. 98-12 A RESOLUTION RELATING TO THE DEVELOPMENT OF THE PROPOSED RALPH'S PLAZA TOWNHOMNES PROJECT -- PHASE II, A 30-UNIT AFFORADABLE HOMEOWNERSHIP PROJECT ("PROJECT") PLANNED FOR DEVELOPMENT AT NORTHWEST 39TH STREET AND 17TH AVENUE, IN THE ALLAPATTAH NEIGHBORHOOD, BY THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.; REAFFIRMING THE CITY OF MIAMI'S COMMITMENT OF $500,000.00 IN FY 1997 - 1998 HOME PROGRAM FUNDING FORM PORJECT ACCOUNT CODE 198006.630201.6.946 TO THE AFFOREMENTIONED PROJECT PURSUANT TO MOTION NO. 97-506, ADOPTED JULY 24, 1997, BY THE CITY COMMISSION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE LEGAL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR DISBURSEMENT OF SAID FUNDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 18 January 13, 1998 2.13. AUTHORIZE ACQUISTION FROM UNYSIS CORP. -- FOR MOBILE DIGITAL COMPUTERS (MDCs) / DESKTOP COMPUTERS / SERVERS -- FOR POLICE -- ALLOCATE $3,9887,938.10 FROM CIP PROJECT 312032 / CIP PROJECT 312010 / POLICE GO BONDS / 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT / LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 98-13 A RESOLUTION AUTHORIZING THE ACQUISITION OF MOBILE DIGITAL COMPUTERS (MDCs), DESKTOP COMPUTERS, SERVERS AND RELATED EQUIPMENT, PLUS SOFTWARE SERVICES FROM UNISYS CORPORATION, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-040-96-1, 250-050-97-1, 973-502-97-1, IN THE PROPOSED AMOUNT OF $3,887,938.10, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM: 1) THE COPS MORE 96 GRANT IN THE AMOUNT OF $2,755,040.10, THROUGH CIP PROJECT NO. 312032; 2) CIP PROJECT NO. 312010, IN THE AMOUNT OF $1,132,898; 3) POLICE GO BONDS, IN THE AMOUNT OF $456,888; 4) 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF $254,220; AND 5) THE LAW ENFORCEMENT TRUST FUND, IN THE AMOUNT OF $421,790, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE PROVISIONS OF SECTION 932.7055, FLORIDA STATUTES, AS AMENDED AND/OR THE GUIDELINES SET FORTH IN THE DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID PURCHASE; FURTHER, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 19 January 13, 1998 2.14. ACCEPT BIDS: MIAMI BUSINESS TELEPHONE / QUALITY WIRING, INC / FLORIDA INTRANET GROUP -- FOR TELECOMMUNICATIONS WIRING SERVICES -- FOR GSA / INFORMATION TECHNOLOGY - ALLOCATE $200,000 FROM USER DEPARTMENT. RESOLUTION NO. 98-14 A RESOLUTION ACCEPTING THE BIDS OF MIAMI BUSINESS TELEPHONE, QUALITY WIRING, INC., AND FLORIDA INTRANET GROUP FOR THE PROVISION OF TELECOMMUNICATIONS WIRING SERVICES FOR GSA/INFORMATION TECHNOLOGY, ON AN AS-NEEDD CITY-WIDE BASIS, FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL COST NOT TO EXCEED $200,000; ALLOCATING FUNDS THEREFOR FROM USING DEPARTMENTS ACCOUTNS, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.15. AUTHORIZE PAYMENT OT MIAMI - DADE COUNTY -- FOR DISPOSAL OF SOLID WASTE MATERIALS COLLECTED BY AN IN CITY OF MIAMI -- ALLOCATE $7,028,035.00 FROM ACCOUNT 422001.320302.531. RESOLUTION NO. 98-15 A RESOLUTION AUTHORIZING PAYMENT TO MIAMI-DADE COUNTY FOR THE DISPOSAL OF SOLID WASTE MATERIALS COLLECTED IN AND BY THE CITY OF MIAMI FOR AN ESTIMATED AMOUNT NOT TO EXCEED $7,028,035 FOR A PERIOD OF ONE (1) YEAR PURSUANT TO INTERLOCAL AGREEMTNS ENTERED INTO ON SEPTEMBER 29, 1995 BY AND BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, FLORIDA, ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 422001.320302.531. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 20 January 13, 1998 2.16. ACCEPT FINDINGS: DAVID LYNN, INC. MOST QUALIFIED FIRM TO PROVIDE CONCESSION SERVICES AT ORANGE BOWL STADIUM. RESOLUTION NO. 98-16 A RESOLUTION ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE THAT CATERING BY DAVID LYNN, INC., IS THE MOST QUALIFIED FIRM TO PROVIDE CONCESSION SERVICES AT THE ORANGE BOWL STATIUM, PURSUANT TO THE REQUEST FOR PROPOSALS ("RFP"), FOR A PERIOF OF FIVE (5) YEARS, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; AUTHORIZING THE CITY MANAGER TO NETOGIATE AND EXECUTE AN AGREEMENT WITH SAID FIRM, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND ON SUCH TERMS AS ARE ACCEPTABLE TO THE CITY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.17. ACCEPT FINDINGS: VINCAM OHS AND CONCENTRA MANAGED CARE, INC., MOST QUALIFIED FIRMS TO PROVIDE MANAGED CARE PROGRAM FOR WORKERS' COMPENSATION. RESOLUTION NO. 98-17 A RESOLUTION ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE PURSUANT TO THE REQUEST FOR PROPOSALS ("RFP") AS TO THE MOST QUALIFIED FIRMS, IN RANK ORDER: 1) VINCAM OHS, AND 2) CONCENTRA MANAGED CARE, INC. (FORMERLY KNOWN AS CRA MANAGED CARE, INC.) TO PROVIDE A MANAGED CARE PROGRAM FOR WORKERS' COMPENSATION FOR THE CITY OF MIAMI FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SAID FIRMN, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NETOGIATED AGREEMENT TO THE CITY COMMISSION FOR ITS RATIFICATION AND APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21 January 13, 1998 2.18. APPROVE LANDY JACOBS AND ASSOCIATES, INC TO PROVIDE / ADMINISTER PROMOTION EXAMINATIONS FOR CLASSIFICATIONS OF CHIEF FIRE OFFICER AND FIRE CAPTAIN -- FOR PERSONNEL DEPARTMENT -- ALLOCATE $150,000 FROM FIRE RESCUE ACCOUNT 001000.280601.6. 270. RESOLUTION NO. 98-18 A RESOLUTION ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE, THAT LANDY JACOBS AND ASSOCIATES, INC. (LJA) IS THE MOST QUALIFIED FIRM, TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF CHIEF FIRE OFFICER AND FIRE CAPTAIN, FOR THE DEPARTMENT OF PERSONNEL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LJA FOR AN INITIAL TERM OF SIX (6) MONTHS, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL SIX (6) MONTH PERIODS, AT AN ESTIMATED TOTLA COST NOT TO EXCEED $150,000 DURING THE INITIAL AND EXTENDED TERM OF THE AGREEMENT; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.280601.6. 270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.19. AUTHORIZE AGREEMENTS FOR STRUCTURAL PLANS EXAMINER / BUILDING INSPECTOR III SERVICES -- FOR BUILDING AND ZONING DEPARTMENT -- ALLOCATE $40,000 FROM ACOCUNT 560302-340 AND 560302- 902 PROJECT 421001. RESOLUTION NO. 98-19 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE STRUCTURAL PLANS EXAMINERBUILDING INSPECTOR III SERVICES FOR THE BUILDING AND ZONING DEPARTMENT, AT A TOTAL COST NOT TO EXCEED $40,000 PER YEAR FOR ONE (1) YEAR WITH THE OPTION TO EXTEND SAID SERVICES FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO AVAILABILITY AND ALLOCATION OF FUNDS; ALLOCATING FUNDS THEREFOR FROM THE INSPECTION SERVICES DIVISION FY '98 BUDGET, ACCOUNT 560302-340 AND 560302-902, PROJECT NO.421001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 22 January 13, 1998 2.20. APPROVE FINDINGS OF SELECTION COMMITTEE FOR MOST QUALIFIED TEAMS TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES -- FOR BROWNFIELDS REDEVELOPMENT PROJECT. RESOLUTION NO. 98-20 A RESOLUTION APPROVING THE FINDINGS OF THE SEELCTION COMMITTEE AS TO THE MOST QUALIFIED TEAMS, IN RANK ORDER, TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES FOR THE CITY OF MIAMI BROWNFIELDS REDEVELOPMENT PROJECT; AUTHORIZING THE CITY MAANGER TO NEGOTIATE WITH THE MOST QUALIFIED TEAMS, IN RANK ORDER, UNTIL HE ARRIVES AT AN AGREEMENT WHICH IS FAIR, COMPETTIVE AND REASONABLE; FURTHER, DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR RATIFICATION AND APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.21. CONTINUE FUNDING PROTRACTED COMPLEX INVESTIGATIONS -- ALLOCATE $300,000 FROM LETF POLICE PROJECT NOS. 690001 / 690002 / 690003. RESOLUTION NO. 98-21 A RESOLUTION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED, COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $300,000.00; ALLOCATING FUNDS THREFOR FROMT HE LAW ENFORCEMENT TRUST FUND PROJECT NOS. 69001, 69002, AND 69003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 9327055, AS AMENDED, AND THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.22. AUTHORIZE AGREEMENT WITH MIAMI-DADE COUNTY -- FOR EXTENSION OF SANITARY SWER FACILITIES ON WATSON ISLAND. RESOLUTION NO. 98-22 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE EXTENSION OF SANITARY SEWER FACILITIES ON WATSON ISLAND, IN THE CITY OF MIAMI, FLORIDA. 23 January 13, 1998 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.23. TRANSFER PORTIONS OF WATSON ISLAND TO STATE HIGHWAY SYSTEM. RESOLUTION NO. 98-23 A RESOLUTION TRANSFERRING PORTIONS OF CITY -OWNED PROPERTY ON WATSON ISLAND, WITHIN THE CITY OF MIAMI, FLORIDA, TO THE JURISDICTION OF THE STATE HIGHWAY SYSTEM IN CONFORMANCE WITH SECTION 337.29, FLORIDA STATUTUES; FURTHER AUTHORIZING HTE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD A RIGHT -OF WAY MAP OF THE SUBJECT ROAD INT HE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DEEDS AND OTHER DOCUMENTATION NECESSARY TO TRANSFER OWNERSHIP TO FLORIDA DEAPRTMENT OF TRANSPORTATION FOR ROADWAY PURPOSES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.24. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH STATE ENVIRONMENTAL PROTECTION DEPARTMENT -- FOR SUBMERGED LANDS ADJANCET TO CITY UPLAND AT 250 NW N. RIVER DRIVE (FORMALLY PIONEER CLUB SITE). RESOLUTION NO. 98-24 A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, SUBJECT TO LEGAL REVIEW AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A MINIMUM TERM OF FIVE YEARS, FOR SUBMERGED LANDS ADJACENT TO CITY UPLAND LOCATED AT 250 NW N. RIVER DRIVE, FORMERLY THE PIONEER CLUB SITE AND 176 NW N. RIVER DRIVE, MIAMI, FLORIDA, AT NO CHARGE TO THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 24 January 13, 1998 2.25. AUTHORIZE USE OF PORTIONS OF WATSON ISLAND BY NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. (NMMA) -- FOR PARKING AND CONCESSIONS -- FOR 1998 INTERNATIONAL BOAT SHOW. RESOLUTION NO. 98-25 A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE USE OF THOSE PORTIONS OF WATSON ISLAND DEPICTED IN EXHIBIT "A", MADE A PART HEREOF, BY NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. ("NMMA"), FOR PARKING AND CONCESSION, IN CONNECTION WITH THE 1998 INTERNATIONAL BOAT SHOW TO BE HELD FEBRUARY 12-18, 1998, SUBJECT TO NMMA OBTAINING A CLASS I SPECIAL PERMIT, ESTABLISHING A SPECIAL FEE IN THE AMOUNT OF $94,500 FOR SAID USE; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PARKS AND RECREATION TO ISSUE A PARK PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.26. ACCEPT $4000,000 GRANT FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -- FOR RENOVATIONS TO PARKS; SHENANDOAH / JOSE MARTI / DORSEY / CLEMENTE PARK. RESOLUTION NO. 98-26 A RESOLUTION ACCEPTING A LEGISLATIVE LINE ITEM GRANT IN THE AMOUNT OF $400,000 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO BE USED BY THE DEPARTMENT OF PARKS AND RECREATION FOR RENOVATIONS AND IMPROVEMENTS TO THE FOLLOWING PARKS IN THE AMOUNT SPECIFIED HEREIN: $100,000 FOR SHENANDOAH PARK; $100,000 FOR JOSE MARTI PARK; $100,000 FOR DORSEY PARK; $100,000 FOR CLEMENTE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT AND IMPLEMENT THESE PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 25 January 13, 1998 2.27. ACCEPT DONATIONS: BUNKERS OF MIAMI ($3,200) AND DADE AMATEUR GOLF ASSOCIATION ($800) FOR USE BY PERSONS WITH DISABILITIES. RESOLUTION NO. 98-27 A RESOLUTION ACCEPTING DONATIONS FROM BUNKERS OF MIAMI, IN THE AMOUNT OF $3,200.00 ANDDADE AMATEUR GOLF ASSOCIATION, IN THE AMOUNT OF $800.00, FOR A TOTAL AMOUNT OF $4,000.00, FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION, PROGRAMS FOR PERSONS WITH DISABILITIES DIVISION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID DONATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.28. CONFIRM ELECTION OF VIRGIL FERNANDEZ AND ORLAND LLAMAS TO CIVIL SERVICE BOARD. RESOLUTION NO. 98-28 A RESOLUTION CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CIVIL SERVICE BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.29. ACCEPT PLAT: BLUE LAGOON APARTMENTS. RESOLUTION NO. 98-29 A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BLUE LAGOON APARTMENTS, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 26 January 13, 1998 2.30. ACCEPT PLAT; ROBMAX SUBDIVISION RESOLUTION NO. 98-30 A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED ROBMAX SUBDIVISION, A SUBDIVISION IN THE CITY OF MAIMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR HTE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.31. AUTHORIZE ACCEPTANCE / DEDICATION OF SEVEN DEEDS OF DECISION FOR HIGHWAY PURPOSES. RESOLUTION NO. 98-31 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT SEVEN (7) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MAIMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 2.32. AUTHORIZE AGREEMENT WITH WILLIAM R. MERCER -- FOR ACTUARIAL SERVICES -- FOR FISCAL YEAR 1997-98 -- ALLOCATE $45,000 FROM ACCOUNT 001000.921122.6.930. RESOLUTION NO. 98-32 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WILLIAM R. MERCER FOR THE PROVISION OF ACTUARIAL SERVICES TO THE CITY FOR THE FISCAL YEAR 1997/1998, IN THE AMOUNT OF $45,000; ALLOCATING FUNDS THEREFOR FROM NON - DEPARTMENTAL ACCOUNTS, NO. 001000.921122.6.930. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 27 January 13, 1998 Vice Chairman Teele: Mr. Chairman, second the motion to Commissioner Gort. ---------------------------------------------------------------------------------------------------------------- 2. (B) ALLOCATE $1,125,000.00 FROM CITY'S FY 98-99 HOME INVESTMENT PARTNERSHIP PROGRAM -- FOR DEVELOPMENT OF TEQUESTA KNOLL APARTMENTS (HOUSING) PROJECT IN ALLAPATTAH -- BY GREATER MIAMI NEIGHBORHOODS INC. AND AFFORDABLE NEIGHBORHOODS INC. -- DIRECT MANAGER NOT TO PLACE FIRE AND POLICE ITEMS ON AGENDA PRIOR TO CITY COMMISSION COMMITTEE REVIEW -- FURTHER INSTRUCTING MANAGER TO MEET WITH CHAIRMAN HERNANDEZ TO DISCUSS CONSENT AGENDA CONTENTS. (C) COMMENTS ABOUT CONTROLLING SIZE OF CONSENT AGENDA AND NEED FOR COMMISSION STANDING COMMITTEE REVIEW. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Motion by Commissioner Gort, second by Vice Chairman Teele. This is on the resolution on CA-13 of your pocket item, right? Your pocket item? Commissioner Gort: Right. Chairman Hernandez: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 28 January 13, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-33 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING FROM THE CITY'S FY 1998 - 1999 HOME INVESTMENT PARTNERSHIP PROGRAM, IN THE AMOUNT OF ONE MILLION, ONE HUNDRED TWENTY-FIVE THOUSAND ($1,125,000.00) DOLLARS, AS MORE SPECIFICALLY STATED IN SECTION 2 OF THIS RESOLUTION, FOR THE DEVELOPMENT OF THE TEQUESTA KNOLL APARTMENTS PROJECT CONSISTING OF APPROXIMATELY 100 UNITS OF AFFORDABLE RENTAL HOUSING TO BE DEVELOPED IN THE ALLAPATTAH NEIGHBORHOOD, BY GREATER MIAMI NEIGHBORHOODS, INC. AND AFFORDABLE NEIGHBORHOODS, INC., SUBJECT TO CERTAIN TERMS AND CONDITIONS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE AFFORMENTIONED CORPORATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Commissioner Gort: By the way, Mr. Chairman, I wanted to add to what Commissioner Teele and Commissioner Plummer stated before. We never had the committee as we had before, and I think before anything comes into this Commission, it should come through the committees, and the Commissioner responsible should be able to make presentations here. I think it would be very helpful to you, and to us, and to the public. At the same time, there's certain items that I think... we want to put as many as we can into the consent agenda, but there are certain items like this one that should not be on the consent agenda. Commissioner Plummer: Absolutely. Chairman Hernandez: We need to sit down, Mr. Manager, and work out on the consent agenda, because it's been increasingly growing and growing, and there are some issues like this one that shouldn't have been on the consent agenda, but we'll talk about that later on. 29 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 3. SECOND READING ORDINANCE: CREATE NEW CHAPTER TO CODE - SECTIONS 19.5-1 THROUGH 19.5-23 FOR FIRE -RESCUE ASSESSMENT -- SCHEDULE PUBLIC HEARING FOR FEBRUARY 24, 1998 REGARDING FIRE ASSESSMENT FEE. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: We move on to the fire assessment fee. We're going to jump over the first 14 items and go to item 15. I would like to call up Mr. Oscar Braynon, who is representing Commissioner... Commissioner Plummer: Wait, wait, wait. Did you see the memo from the Mayor? Chairman Hernandez: Which memo? Vice Chairman Teele: Which of the 15? Commissioner Plummer: He's talking about exempting the churches. I understand the bishop told him about hell, and the fire down there, and now the Mayor wants to exempt the churches. Is that... Is that the way it is? Commissioner Regalado: Mr. Chairman, if I may. We also need to recognize Bishop Thomas Wenski, who is also here. So Mr. Chairman, we have the archbishop and three bishops of the Catholic Church. So we better behave. Chairman Hernandez: We're very blessed today. We're very blessed. Commissioner Plummer: Two and what? A. Quinn Jones, III, Esq. (City Attorney): Mr. Chairman, just so that we understand what we have before us today. You have a second reading on the enabling ordinance, and you have a first reading on a resolution, keeping in mind that this is not scheduled as a public hearing. The public hearing would come at a later point when you... Chairman Hernandez: Is that scheduled for the 24th of February? Mr. Jones: That's correct. Chairman Hernandez: So we are not required to open this up to the public for discussion? Mr. Jones: No. Chairman Hernandez: OK. Commissioner Plummer: Well, Mr. Mayor, I think I do need to remind our Commission of one thing. By ordinance, we have no choice in the fact that the garbage bills are going out. Now, under that circumstance, the only way that we could have stopped that, from my understanding of the City Attorney, was in fact... Vice Chairman Teele: Mr. Chairman, I just want an understanding. Are we talking about fire or garbage? 30 January 13, 1998 Commissioner Plummer: We're talking about fees. Vice Chairman Teele: Because I think we ought to keep the two things separate. And I think if we want to talk about garbage, we ought to do that at the end of fire, or we ought to postpone the fire and talk about garbage. But I really am uncomfortable commingling the two issues. Commissioner Plummer: OK. Commissioner, I will accept that, but I basically am not speaking to fire or to garbage. I'm speaking to fees and revenue. So we'll be able... I'll be glad to bring it up after we talk about fire, and I respect your wanting to keep it separate. Vice Chairman Teele: Thank you. Chief Carlos Gimenez (Chief of Fire): Good morning, Mr. Chairman and members of the Commission. Item 15 is a proposed... the second reading of the ordinance that establishes the legal groundwork, framework for the establishment of the fire fee. And it's procedural in nature, and we've already had the first reading. This is the second reading. Chairman Hernandez: Let me say this for all of you that are standing to speak before the Commission. Today, as you have heard from the City Attorney, is not a public hearing on the issue of the actual fire assessment fee, and the assessment as it pertains to landowners. If you are going to speak before us today, it has to be item specific on what we are voting for today. If not, you can come and discuss before us and state whatever you want on February 24th. What we're discussing today is basically just a method in which we are going to be doing the collection, and the procedures of the fire assessment fee. So if you're coming to speak to us on that issue, per se, you can speak. If not, any other statements will be postponed to our hearing on the 24th. Mr. Anthony Verdugo: May I approach? Chairman Hernandez: Yes, please. State your name and address for the record, please. Mr. Verdugo: My name is Anthony Verdugo, 330 Biscayne Boulevard. I'm the Executive Director of the Dade County Christian Coalition. And I would respectfully ask to speak on an emergency resolution that the Dade County Christian Coalition has presented, and I believe you have in front of you, regarding the assessment fee for the fire and rescue. And what we are asking is that the assessment fee, when you do assess these charges, not only include houses of worship, but that you also extend the class of property that is owned. And I would refer you to a Supreme Court decision, Frederick Walsh (phonetic) versus the Tax Commission of the City of New York, where the Supreme Court of the United States upheld a tax exemption of religious organizations. And it said, and I quote: "Exemptions were granted to all houses of religious worship within a broad class of property owned by nonprofit quasi -public corporations, which included hospitals, libraries, playgrounds, scientific, professional, historical and patriotic groups. And the legislative purpose was thus aimed at... was not aimed at establishing sponsoring or supporting religion". What I'm saying is, if you limit the exemption category in the Fire -Rescue assessment only to churches, then according to our attorneys, that may be a violation of the establishment clause of the U.S. Constitution. And you need to tread very carefully to make sure that the exemption that you present in the fire assessment fee include the areas that have been traditionally exempted, according to the U.S. Supreme Court. Vice Chairman Teele: What's the cite of the case? Mr. Verdugo: I have it right here. I can go ahead and present it to the gentlemen. Vice Chairman Teele: Thank you. 31 January 13, 1998 Chairman Hernandez: Thank you. And we're not going to be dealing with this issue today. I want you to give us the facts on what we're doing today, what we're handling, what we're going to be voting on, so we can proceed with today's meeting. Chief Gimenez: Well, you have two separate items. You have item 15 and 16. Item 15 is a second reading of the ordinance which establishes the legal groundwork or framework for establishing the fire fee. Item 16 is the first hearing of the resolution. Vice Chairman Teele: Excuse me. Is the second reading a public hearing? Mr. Jones: The second... the second resolution, yes. That's when you actually set the assessment. Vice Chairman Teele: No, is the second reading? Mr. Jones: The second reading? No. Vice Chairman Teele: There is no public hearing in the second reading? Mr. Jones: No. Vice Chairman Teele: Mr. Chairman, I would ask that after the Management and the consultants have had an opportunity to explain what it is we're doing, and how we're proposing to do it, that we allow the public to respond in some limited way. I mean, these people are all down here. But I think that we're premature in hearing from them until we hear from what we're doing today, with all due respect, Mr. Chairman, and I would... Chairman Hernandez: There's no... That's what I'm trying to get from the Chief. Mr. Verdugo: Excuse me. May they speak on the emergency resolution that we have presented to the Commission? Chairman Hernandez: We're not going to be discussing that right now. Let's hear what we're going to be voting on today, listen to what he has to say, and then we'll proceed. OK? Chief Gimenez: Again, the ordinance sets the legal groundwork for the fire fee. The second portion of today, item 16, is the first reading of the resolution, which really establishes the rates, and is the first... this is the first cut at this, and then there's a final hearing that's scheduled for the 24th of February. Changes can be made to the resolution between now and the 24th. To cut to the chase, basically, the resolution sets the rate that we're going to be charging. It gives definitions of the different types of properties. It also delineates who will be exempted from the fee, due to policy direction from the Commission. And again, it sets the rates, and also sets a square footage cap on nonresidential types of buildings. Commissioner Plummer: And that's today. Chief Gimenez: This is the first reading of the resolution, yes. Chairman Hernandez: Right. Well, we're... Commissioner Regalado: So Mr. Chairman... Chairman Hernandez: Well, but we're first dealing with item 15. 32 January 13, 1998 Chief Gimenez: Which is the second... Chairman Hernandez: The second part is when we deal with the exemptions and stuff, and that's when we can hear from the public on what policy we've issued as to who's going to be exempt or not. Right? Commissioner Plummer: Excuse me. It also sets the fees; is that correct? Chief Gimenez: The preliminary... Mr. Jones: It's a preliminary assessment. But the final assessment will not be set until the 24th, and by law, that's when you have the public hearing. Commissioner Regalado: Excuse me, Chief. Commissioner Plummer: Can I ask a crazy question, if I may? Chairman Hernandez: Go ahead, Commissioner Regalado, and then Commissioner Plummer. Commissioner Plummer: Fine. Commissioner Regalado: OK. Chief, are we setting today what we are going to charge - is it a flat fee? - to the apartments? Is this in this ordinance? Chief Gimenez: The resolution? Commissioner Regalado: Yes. Chief Gimenez: The resolution talks to different rates, and also, is a... These are preliminary rates, which gives the public a chance to take a look at these rates and then come back on the 24th and make comments on whether they agree or disagree. But this is just setting the preliminary rates, and there is a chance to change this. There's a chance also to have more exemptions, less exemptions, depending on what the Commission wants... Commissioner Regalado: OK. So it's important, it's important that we make clear that we are not setting today what we are going to charge, especially to the apartment buildings. Chief Gimenez: No, sir. You can make that the second resolution on February 24th. Commissioner Plummer: Mr. Chairman. Chairman Hernandez: Commissioner Plummer. You can make changes for the second reading, Commissioner Plummer: Maybe I'm crazy. It's my understanding that this Commission has pretty well declared that religious and places of worship would be exempt. Now, most of the people I see standing here, and the high priced help from my church are here for that purpose. And I don't know why we're going to be putting ourselves or them through the arduous process of having to get up here and speak. So unless I'm out of place, whether a motion would be in order or what, let's let them go home. And as far as I'm concerned, I don't know of anybody, unless I'm mistaken, that is opposed to the houses of worship being exempt. 33 January 13, 1998 Chairman Hernandez: Commissioner Plummer, I agree with you. It's the spirit of the Commission. We stated it on the record in the past, except that there are ancillary issues to religious organizations as ancillary or adjacent properties that they might own. Commissioner Plummer: And I fully understand that, sir. I'm speaking to the houses of worship, churches, synagogues that should be exempt. Chairman Hernandez: Correct. Commissioner Plummer: And basically, I think in most cases, it's just that. There are some who have schools and other assessory items that can suntil be for discussion. Commissioner Regalado: Commissioner, I think that most of the people that are here, at least the ones I talked to... and I know the Catholic Church leaders are here not only for the houses of worship, but the buildings adjacent. Commissioner Plummer: OK. I'm not speaking to other assessory items. I'm speaking to just the houses of worship. The bishop is going to have to stay here because he has schools, he has hospitals, he has everything else, and that is a legitimate thing that he's going to have to speak to. But as far as the actual religious, I don't know why we just don't make a motion, which I'm willing to do, and let's eliminate that right now. Commissioner Regalado: I would second that. But I have received information, and we discussed at the last meeting the fact that we could rebate, if we were to charge. But apparently, we will be allowed by law to accept flatly those houses of worship. And this is my understanding, according to what some of the people have shown me. And, you know, I know that the attorneys that are working with us say that this is not the case, but a lot of cases have been brought to my attention... I'm not an attorney, but they have shown me and I have read several cases in which, yes, government can exempt those buildings. Chief Gimenez: If I may, if I can bring up Mark Lawson from NGN (Nabors, Ginlin, Nicherson), and he'll explain what... he'll articulate a little bit better than I can the proposed resolution. Chairman Hernandez: OK. Before we get into that discussion, let's finish with item 15. It's setting the methodology on how we're going to do this. It has nothing to do with the fees, who we're going to exempt and we're not going to exempt. So can we hear a motion? Is there discussion for item 15 by this Commission? Vice Chairman Teele: I so move, Mr. Chairman. Commissioner Gort: Second. Chairman Hernandez: I have a motion by Vice Chairman Teele, second by Commissioner Gort. All those in favor... it's an ordinance. Commissioner Plummer: Whoa, whoa. Chairman Hernandez: Read the ordinance. Commissioner Plummer: I got to ask a question now. I'm sorry. I am, as you know, Mr. City Attorney, opposed to the fire fee. Do I do harm by voting against item 15 of setting the procedure? I assume I would, so I would vote negatively against the procedure, as well as 16, the fire fee. Am I correct? 34 January 13, 1998 Mr. Jones: Well, that... I don't know if you'd do any damage, but certainly, you have to vote what your conscience is, Commissioner. I don't know that... My answer to you, by voting no, I mean, that's not going to damage... Whatever the majority of this Commission decides is what we abide by. Commissioner Plummer: OK. You've answered it for me. Thank you, sir. Mr. Jones: Mr. Chair, this is... Vice Chairman Teele: It damages unanimity. Commissioner Plummer: I hear you. I've always been a team player in most of the cases. Commissioner Gort: It's an ordinance. We need to call the roll. Chairman Hernandez: Can you read the ordinance, Mr. Attorney? Mr. Jones: Yes. Chairman Hernandez: Roll call. An Ordinance entitled - AN ORDINANCE CREATING NEW CHAPTER 19.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE RESCUE ASSESSMENT", RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE RESCUE ASSESSMENTS AGAINST PROPERTY THROUGHOUT THE CITY OF MIA.MI; PROVIDING CERTAIN DEFINITIONS AND DEFINING THE TERM "FIRE RESCUE ASSESSMENT"; ESTABLISHING THE PROCEDURES FOR IMPOSING FIRE RESCUE ASSESSMENTS; PROVIDING THAT FIRE RESCUE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROEPRTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE RESCUE ASSESSMENT COLLECTED PURSUANT TO SECTION 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS; PROVIDING PROCEDURES FOR COLLECTION OF FIRE RESCUE ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; MORE PARTICULARLY BY ADDING NEW SECTIONS 19.5-1 THROUGH 19.5-23 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. 35 January 13, 1998 passed on its first reading, by title, at the meeting of December 30, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chairman Teele, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Mayor Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11584. 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. ---------------------------------------------------------------------------------------------------------------- 4. DESCRIBE METHOD OF ASSESSING FIRE -RESCUE SERVICES COST -- INSTRUCT CITY MANAGER TO HAVE CONSULTANTS STUDY IMPACT OF FIRE ASSESSMENT FEE ON ANCILLARY FACILITIES ADJACENT TO PLACES OF WORSHIP -- DIRECT CONSULTANT TO RECOMMEND MECHANISM FOR EXEMPT ORGANIZATIONS TO MAKE VOLUNTARY PAYMENTS. FURTHERMORE, DIRECT ADMINISTRATION TO PLACE PARCELS BREAKDOWN DATA ON WEBSITE. Chairman Hernandez: OK. We can move on to item 16, so you can make your presentation. State your name and address for the record, please. Mr. Mark Lawson: Good morning. My name is Mark Lawson. I'm with Nabors, Giblin and Nickerson (phonetic). I'm an attorney. I'm here as special counsel as a part of a consulting group. I've worked for the City for well over a year now in developing an approach for an alternative revenue source, focused upon charging benefited properties for public services, which are Fire -Rescue services. You've just adopted an ordinance that is procedural in its approach. It is an authorizing ordinance under your home rule powers. That ordinance provides for a two- step process to impose an assessment. The first step in that process is to promulgate, spread upon your records, make available to your citizenry an initial resolution that articulates your best efforts, your staff's best efforts, and our best efforts to identify a Fire -Rescue assessment. The second step in that process would be a public hearing that's presently scheduled for February 24th in the resolution before you, which is more than 30 days out. The resolution sets a time, place and date for the public hearing. It provides for a published notice with some detail. It also incorporates the input and information that we have received from you and your staff over some period of time on how to develop the fee charge, fire assessment charge. I will tell you, from listening and trying to work with Government Services Group and David M. Griffith, which are the two other consulting organizations, and your staff that there are all sorts of policy issues at play here. This resolution before you is the preliminary rates, if you will. It identifies the approach. It identifies who, how much, when they'll pay. Subject to your further input and input from the community, your ordinance would then expect you to adopt some form of a final resolution, or reject the process in total in February. I'm not going to go to the other larger 36 January 13, 1998 budgetary issues, which are obviously your responsibilities. Your City is unique in that, unlike a lot of other cities, your alternatives are more narrow. Your general fund revenues aren't as readily available, from a constitutional standpoint, and you have the unique situation where you have Oversight. We are here as a tool to help you. As I think I talked to one... several of your Commissioners, we're a wrench. We're a tool. How it's used for result... from your decisions. It's important, and I think collective decisions, and I... Commissioner Plummer: You're stoking the fire while we get burned in oil. Mr. Lawson: Yeah, all right. But there's an awful lot of heat, because I'm standing awfully near to you. As a result of the work that we've done, on record with the Clerk is a file for any interested citizen that wants to look at the report, look at the briefing papers, so that they can become more educated, I think that's appropriate. This is complex in many respects. In some respects, it's very simple. Two aspects to a Fire -Rescue assessment: One, it must benefit property. There's case law that substantiates that. Secondly, it must be fair and reasonably apportioned. That's this exercise that you're embarking on today. I have received, both in the Commission setting, as well as individual meetings with elected officials, administrative officials. We've tried to take that policy and to set it in this resolution. What this resolution before you does is articulates the burden that all properties have. We have identified certain classes of property - I think we refer to them as community service parcels - which are essentially institutionally categorized properties by the property appraiser that are also oftentimes tax exempt, and using specific codes from the property appraiser, identified them as... let me... I can point for the record to the definition in the resolution of community service parcels. And it specifically identifies the community... or the collect code used by the property appraiser. - And... yeah, I'm finding it. - Essentially, those are community service, religious, cultural, literary, health care, benevolent, scientific property uses. Those all can be identified in the data base that your property appraiser maintains. And that burden from those properties, I think, as Commissioner Teele has pointed out, it is not an exemption. It is this City going to its general revenue to pay for that burden. In your final assessment resolution, you'll have the opportunity to direct - and it's already been suggested to us that we prepare this - that notwithstanding a determination to not charge those organizations, that they should be notified of the amount of money the City is paying on their behalf, and to the extent that they have the physical capacity, ask to also participate on a voluntary basis. That is a public policy decision that you all have articulated to us, and we've embodied in this resolution. On the other hand, there are several types of properties that are owned by government, the County, the State, the Federal government, educational properties that we have received direction to include in the assessment. We've done that. And our report and our advice is that charging those properties has a degree of difficulty beyond the traditionally privately held parcel, in that the real enforcement mechanism would be to seek that government to pay its fair share. And if they refuse, there would be, undoubtedly dispute, and a mandamus action, which is no more than one government asking the Court to direct another government to do what it should do. In that instance, it's more akin to... in all of these assessments, it's akin to if your property receives the service, then you should pay. Our advice to the City Commission is those revenues, although being sought by the City, should probably be budgeted as if you were not going to receive them as a matter of fiscal conservatism. Again... Well, I can talk to this with this handout that Ms. Yantassu (phonetic) will pass down in a few minutes. I can talk to you about the fiscal impacts of that type of an approach. However, this resolution directs that bills be sent to those governmental/educational properties, with an indication that this City expects those governments and those property owners, some of which are private educational institutions, to participate. The rationale, the finding is, in the resolution, is that unlike the other parcels, the community service parcels, which the City might be asked to provide services or facilities similar to those which are provided by those properties, these properties provide services, but to a constituency and to a jurisdiction beyond the City's boundaries. And therefore, it is inappropriate for this City to bear the entirety of the burden for those properties. And I want to underscore to you today 37 January 13, 1998 that this assessment is only a partial assessment, in terms of the full cost. The other policy direction we've received is in setting the budget amount to determine these rates. Only about 55 to 57 percent of the Fire -Rescue budget is going to be paid for with special assessments. The remainder is suntil coming from your general revenue funds. So to the extent that anybody asks you for an exemption, you have already paid, particularly for institutions that are tax exempt, you have already paid through the general revenue fund, because they are tax exempt, and not paying a portion of that assessment. If you look at the handout that I have passed to you for discussion purposes, I have talked to you before about the two elements of case law criteria, special benefit and fair and reasonable apportionment. This will be placed on record with the Clerk. It also shows to you the relative percent of demand of each category of property, single- family, multi -family, public housing, commercial, industrial, institutional. It shows you the rate table which everybody is interested in. It shows you the revenue attributable to institutional tax exempt properties by category. Finally, it shows you the impact of your policy decisions relative to community service parcels, roughly a million two that is going to be paid directly from your general fund, in addition to that percentage which would be covered by the general fund, because most of those properties are tax exempt. On the other hand, it shows you two point three million dollars ($2.3 million) of requests for payment from other governments, which will undoubtedly be difficult to collect from. Finally, the next page shows you your net revenue scenario. It shows you the total assessment revenue. It's about 57 percent of your program, about thirty-one million dollars ($31,000,000). It shows you the two categories of properties that are very difficult to deal with. Institutional tax exempt, which includes religious property, it includes benevolent, charitable, health care type properties. Also shown is the two million two figure that identifies the demand for public housing, which is concentrated in your City in this County. Finally, it shows a net revenue figure which your Oversight organization is particularly interested in. That is the figure that we recommended be used for budgetary purposes, in terms of fiscal recovery. Finally, we talked to you before, but I'm going to belabor the point. This assessment is for the fiscal year 1997/98. In other words, charging for the services delivered beginning October 1, 1997, this past October, through September 30, '98. You've instructed us to use the tax bill collection method or preserve the right to use that for a subsequent fiscal year. Those documents have been properly relayed to the Dade County officials, so that right has been preserved. But for now, if you go forward in February, you will be sending bills directly to affected property owners in March, with an indication payment would be due upon receipt. The assessment would become delinquent about 30 days after that, and those properties would be subject to a lien upon the passage of that assessment. Finally, in your handout is a critical events schedule so that all can see what are the events that are required to continue to implement this program, all laid out by date. As you know, that sometimes changes. But at this juncture, assuming adoption of this preliminary resolution, the promulgation of it to the public, and then there will be a final hearing on February 24th. The last page, then, reflects what would happen in the next year to go about collecting now on the tax bill, which would be issued in November of 1998. I can't emphasize enough to you that this is one alternative in generating revenue for the overall budget fiscal operations of the City. Our job is to focus on that. To the extent that issues are raised relative to solid waste, Commissioner Plummer has raised, in terms of what's to be done, that can be embodied in a separate resolution, or in directions in the final resolution on the 24th. At this juncture, that resolution would essentially provide a confirmation of the initial resolution, a direction to go forward and impose the assessment and send the bills. If it's the will of this Commission to change the way it generates revenue, ergo solid waste, that could be done at that time, as a part of that resolution. But again, that's a budgetary issue. And I will tell you that none of these programs bring out speakers who will essentially commend you for charging for services, but that's a part of the process of raising money. Chairman Hernandez: Let me ask you this question before I open it to the rest of the Commission. The majority of the people out there, the people that are watching TV and that are here, in a layman's approach, if you can, can you explain to us the fair and reasonable apportionment of this fee, how you've gone about it, as...? 38 January 13, 1998 Mr. Lawson: I'll try to do that as simply as any lawyer can. Commissioner Plummer: Ha, forget it. Mr. Lawson: Yeah. Well, I think that what we've done is taken two public data bases, and one is your tax roll, that the property appraiser... that you, as a community, pay to keep up. It's a chore that's never ending. And we've taken the dispatch information that the City keeps, in terms of where are all the calls, where the services have to go, and match them, if you will, so that we can identify which classes of property make what demand on the services provided. Then we simply took a budget, identified how much of that budget you chose to fund from this revenue source, as opposed to taxes, and allocated for each category a percentage of the budget. For instance, if you turn to your handout, to page... the third page in, it says "cost apportionment," it will tell you that 33 percent of your budget essentially is going to single- family type properties. It will tell you that just under 20 percent of your budget is being consumed by commercial property. In layman's terms, that doesn't mean the truck comes to your house. That means that if you have to press 911, there's a trained professional and equipment that will respond. God forbid that you have to dial 911, but if you do, that's what this program is based upon. Commissioner Regalado: Mr. Chairman. Mr. Lawson: Tried my best. Chairman Hernandez: One minute. Let me ask you this. Is it fair to say that the majority of the properties in the City of Miami are single-family residents? Commissioner Plummer: No. Mr. Lawson: No. I don't know that. Commissioner Plummer: They're 33 percent. Unidentified Speaker: On a parcel basis. Chairman Hernandez: What is the breakdown? Mr. Lawson: Ms. Yantassu says on a parcel basis, that's true, yes. Chairman Hernandez: On a parcel basis, it is? Mr. Lawson: Yeah, yeah. Chairman Hernandez: All right. Is it fair to say that, then, the majority of the people of the City of Miami will not be affected by this fire assessment fee, but, in fact, will save some money by the end of the year? According to the policy, without mixing apples and oranges, according to the policy that we've discussed here in the past. Mr. Lawson: I don't know the answer to that. I think this is revenue neutral. I think this is... whether you collect it by taxes, or whether you collect it by assessment. Chairman Hernandez: Chief Gimenez. Chief Gimenez: If you're discussing what the policy direction of this Commission is in regards to solid waste, as far as a fee, and then fire fee, as far as a fee is concerned, yes, that's true. 39 January 13, 1998 Chairman Hernandez: OK. I just... We're going to keep the solid waste issue apart, but I'm glad you just clarified that. Commissioner Regalado. Commissioner Plummer: They jump allover me when I bring it up. I'll remember that. Commissioner Regalado: Mr. Chairman... Chairman Hernandez: He's not here now. Commissioner Regalado: Mr. Manager, this is an issue that may not be related to what we are discussing, but I think it's relevant. And let me tell you that in the past three months, I have been in two residential areas where there has been fire. These are homes that are being bought by people who get a license of the State of Florida, and bring elderly people into the homes, or people with mental problems. This is becoming a major problem for the neighborhoods in the City of Miami. Yesterday, yesterday afternoon, I rode with a City of Miami police officer through the area of Shenandoah, Mr. Chairman and members of this Commission. And in about 20 blocks, we counted about six of these houses. Commissioner Plummer: ACLFs (Adult Congregate Living Facilities). Commissioner Regalado: Now, according to State law, if they have six persons or less, they don't have to get a permit from the City of Miami, or Dade County. However, there are several buildings, for instance, in the Shenandoah area that have been grandfathered in - one with 140 persons - and it seems that the State law says that these houses can be apart 1,000 feet, one from another. And I'm telling you that we... I have been getting a lot of complaints from different neighbors. Elderly people do not bother anybody. However, we have many instances of calls by 911. Now, the problem is that there are some people that are getting paid because of mental disability, and have been put into a house, and they leave the house. Yesterday, one of these persons almost was run down by a car on 22nd Avenue and 16th Street, because he was wandering. The police officer had to grab him, put him in the squad car, take him to the house. Now, we can do that, and we have to understand the needs of these people. But I'm wondering if we keep permitting these houses, then, the fire service and the Fire -Rescue will be called twice or three times to the residential area. And I think that this is an issue that this Commission should address eventually, the sooner the later... or sooner or later... I mean the sooner, the better, because this situation could put a burden on the services and create some problems in the neighborhoods. Chairman Hernandez: I have my office very close to that place, so I know. I'm very aware of that. Commissioner Plummer: Yeah. Chairman Hernandez: They're just like walking zombies in the middle of the street all day. Commissioner Plummer: It's been that way for a long time. Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: Mr. Attorney, you represented other cities, I think some in Broward? Mr. Lawson: Yes, sir. Commissioner Plummer: Which one in Broward? 40 January 13, 1998 Mr. Lawson: Let's start the list. Hollywood, Pompano Beach... Commissioner Plummer: Not the City of Fort Lauderdale? Mr. Lawson: No. Miramar. Commissioner Plummer: OK. Let's use Hollywood. Mr. Lawson: OK. Commissioner Plummer: All right. What did they do in exemptions, if anything? Because you did their studies, you did their recommendations. What did they do? Did they exempt churches? Mr. Lawson: Quite frankly, we're the only ones that have done this with any kind of success. What we did initially in those communities, all of the Broward communities, they decided to charge everybody. And when they did their initial resolution, it's unlike yours. They indicated they were going to charge everybody. And they did that because it's legally defensible to do that. As a matter of fact, that's the most legally defensible approach. However, just as you are receiving public comment today, they did, too, from religious organizations, from institutional organizations that provide community services that also have difficult budgets to fund. They looked for a way to provide, as a matter of public policy, relief to those property owners. And we assisted them in identifying those properties which are institutional in use. They are also tax exempt, and as a matter of public policy, they chose to go to their general revenue sources, write the check, if you will, to fund those properties. And we believe that met constitutional muster without doing violence to Article I, Section 3 of the Florida Constitution, which is essentially the establishment clause. And that's what they chose to do for policy reasons. Unlike you, they had a little bit more flexibility, in that their general funds... they had millage abilities, they had money in the general fund, they were not under a fiscal crisis, they did not have Oversight. That's the route that they chose for public policy reasons. Commissioner Plummer: So in other words, they did exempt them. Mr. Lawson: Yes. Commissioner Plummer: OK. My next question... because some of the phone calls that I've been getting is, "Is this going to be typical government?" And that means, you establish a fee this year. Next year, it goes up. The year after, it goes up. And the year after, it goes up. Is there any protection built into this, either in a formula that says how it may or may not go up? Is there any protection that says it won't go up for two to three years? What do you say to the public who says, "Well, government raises the fees every year"? Mr. Lawson: I can address that. Your procedural ordinance that you just passed has a provision, and this has to be revisited every year, as a part of the budgetary process. A lot of communities have asked me that very question. Can we restrict the decisions of future boards, so that we can assure citizens it won't go up? No, you cannot. However, whoever sits in these chairs and whoever is charged with the responsibility to make that fiscal decision each year, your ordinance requires you to have a public hearing. If you raise the rate, for instance, and you go on the tax bill, you must give every affected property owner an individual notice that says to that property owner what the impact on his specific property will be, and hold a public hearing. And your ordinance has been drafted to do that. So as you revisit the issue each year, and you use the tax bill, you'll have to give that type of individual notice. If you... Well, that's the policy direction we've been given, in terms of what you intend to do from a collection standpoint. And I can tell you that that is the only way that you can address it year to year, because you can't sit as this 41 January 13, 1998 Commission today and usurp the power of a future Commission not to raise the fee. But I can tell you that you can make that future Commission give notice to the public of any intent to do SO. Commissioner Plummer: Let me go back to my first question. Religious institutions, was there a separation of the church and the school? Mr. Lawson: Yes. Let me... I think... Let me ask you, if I am understanding your question. What we have done in the exemption issue, in terms of what... carrying out your direction and the cities in Broward County is, we looked at the property class which is institutional, which covers and includes the buildings that are used for worship, and that... and even the educational side of it. Now, in your case, you're going to charge the educational, which... but it, for instance, doesn't cover residential. So if the... a church owns a building that's used for worship, that would be classified characteristically by your property appraiser as institutional. However, that same church across the street owns a 12-unit apartment complex. That would be residential, and they would get a charge for the residential portion. If they owned a separate school, they would get a charge, the way you've articulated it in the instructions I've been given on this resolution. If they owned a restaurant, they would charge. They would be charged. Commissioner Plummer: So in other words, let me understand, so... I'll try to make it simple. Mr. Lawson: Sure. Commissioner Plummer: It's got to be where you go to pray. Other than that, it's not exempt. Mr. Lawson: Pretty much. I think the... Let me... I think I... It's got to be institutionally classified by your property appraiser. Remember, the objective here is not to recreate the wheel. We're using what the property appraiser uses when he classifies properties. But that's a correct statement. Commissioner Plummer: Thank you. Mr. Chairman, I once again reiterate, I think we can simplify our day in court here if, in fact, we do at least make that one exemption to the places of worship, and I'm willing to make that motion at any time and let some of these people go home. Commissioner Regalado: I would second. But I think that we need to decide what we're going to include. For instance, the school has a meeting hall or church that belongs to the houses of worship. The church may have a banquet or a meeting hall which is used... Commissioner Plummer: I'm not speaking to that. Commissioner Regalado: Yes. Commissioner Plummer: No, I'm not... Commissioner Regalado: I know what you're saying, but I... Commissioner Plummer: I'm not speaking to that. Commissioner Regalado: But I would rather... I would rather include in your motion the buildings adjacent, including schools, to the church or churches. That would trigger, I know, a different situation with the educational area, and I'm sure that we will be discussing the educational issues. Because I'm sure that all of you in your office got hundreds of calls yesterday after all the children got letters from the School Board. 42 January 13, 1998 Commissioner Plummer: Let me just answer you very simply. That's another fight, you know. And I have to be honest with you, and now I've got to broach on another subject. I was charged by this Commission... As you know, one third of our assessable tax base in the City of Miami is tax exempt. There are properties that are owned by religious organizations, without mentioning any names. One parcel of property is assessed for nine million dollars ($9,000,000), and they are tax exempt. There are other properties that are owned by religious organizations for "X" number of dollars that are tax exempt. I am not speaking at this point to that, outside of the religious institution. The schools are a different subject. The hospitals are a different subject. As you know, and I tried to bring to this Commission's attention, is the fact that we have profit -making corporations in the City of Miami who are tax exempt on property. And that's some of the things that we're trying to get changed. Now, I am speaking to those places of worship. Commissioner Regalado: Yes, J.L., but... Commissioner Plummer: You can argue about the rest of it later. But I... Commissioner Regalado: Yeah, but what I'm saying is, do we need to make a motion for each of the different areas that we will be discussing? Commissioner Plummer: You can do that. My motion that I would like to make, Mr. Chairman, is very simple. It doesn't preclude you from making another motion later, but mine is to exempt the religious properties in the City of Miami. I so... Commissioner Regalado: I'll second that. Mr. Anthony Verdugo: If I may briefly interject. I appreciate... Chairman Hernandez: Hold on a second, Anthony. Commissioner Gort. Commissioner Gort: A discussion of the motion. I want to make sure everybody understands that we've been working on this for a whole year. It's got to be... it was not an easy decision. And if anybody can come up with an alternative, I'd be more than glad to do so. I tried to bring an alternative to this one, and so did J.L., but the votes were not there, and the votes are not there for the alternative. Chairman Hernandez: Yeah, we can't do that now. Commissioner Plummer: Absolutely. Commissioner Gort: So it's out of the question. But I want you to know, and I want to make sure the questions that have been asked by everyone. Once... the government taxes that were going to be eliminated. This Commission made a commitment the soonest that we could supplement this fee, we would try to eliminate this fee. As a matter of fact... and I think it's important for people to understand. When we originally presented this, it was going to be higher collections for many individuals. We got together with many of the business people and the residential area, and it's worked out that some of the fee was reduced quite a bit, in benefit of the community. I would like to somehow in the ordinance attach something to it where automatically, if we have a supplemental fee, reoccurring revenues that would come in that we can eliminate this fee. That's a commitment I think we made. All of us have voted for that, and I'd like to follow that up again, to assure that this is not just a tax... to keep this as tax. Commissioner Regalado: Commissioner Gort, all of the four that were sitting here right now made that commitment. 43 January 13, 1998 Commissioner Gort: Right. So I want to reassure that that commitment is made by all of us. And I want that, if possible, if that could be added to it, amended, I would like to see it. Number two, my question to you is, in my understanding, in talking to you, and I received the fax, and I don't recall which one, but one of our representatives were saying that putting this assessment to educationals would be illegal, number one. And number two, my understanding is in all the cities that you have done, although originally, everybody was in favor of implementing this fee to everyone, everyone did away with the religious institutions and governmental agencies. Am I correct? Mr. Lawson: In Broward County, is that the question? What they did in Broward? Commissioner Plummer: Wherever else you... Mr. Lawson: What classically has happened, and this is where whatever I... If you're going to decide who to leave out and who to leave in, you charged us last time... and I was here to listen to the consensus of this organization, and to draft an approach that does our very best to try to meet those constitutional limitations that you have, where you can't single out certain groups at the expense of others. But the alternative, and that's... if you turn to your handout, gentlemen, if you turn to your handout and look at the... one, two, three, four, five, six, seventh page, that shows you what the consequence is of taking the broader approach. And that means that... that three point six million dollar ($3.6 million) figure, institutional tax exempt is all religious, all educational, the State, the Federal. Commissioner Gort: Let me ask you a question on that. I've looked at the numbers. When you look at the religious, you've got five hundred and eighteen thousand thirty-seven... eight thirty- seven. Are you talking about the worship places? Mr. Lawson: Yeah, we're talking about those... Commissioner Gort: You're not talking about the ancillary facilities within the church? Mr. Lawson: No. We're talking about the institutional portions of those properties that classically would be used for sanctuaries and meeting facilities for religious purposes. Commissioner Gort: OK. Thank you. Commissioner Plummer: I call the question. Chairman Hernandez: The question has been called. Before we vote, Commissioner Plummer, I'd like to hear from the archbishop. Then we'll move to this side, so, Anthony, you can finish your comments on the issue. Commissioner Plummer: Eliminate just the religious portion? Archbishop John Favalora: Thank you, Mr. Chairman. Commissioners, on behalf of the Archdiocese of Miami and the other religious denominations, many of whom are represented here this morning, who serve the City of Miami, I welcome this opportunity to remind each of you of the profound impact that our churches, synagogues and temples have on our community. The churches, synagogues and temples serve not only the spiritual needs of the community, but enormous social and charitable services are provided, as well. The Archdiocese of Miami alone provides child care, elementary and high school education, senior citizen daycare, nutrition programs, low income elderly housing, and a residential facility for the indigent suffering from AIDS. These are just a sampling of the services provided. In most cases, our services are provided not only to low income persons, but to those with no means or ability to secure any 44 January 13, 1998 income. These educational, social and charitable services are provided at a cost to the archdiocese of over two million dollars ($2,000,000) per year, to subsidize these programs. The proposed fire service fee is estimated to cost the archdiocese over four hundred thousand dollars ($400,000) per year. Unlike a commercial enterprise, the church has no ability to pass on this fee to its clientele. This proposed fire service fee, if adopted as planned, could result in the reduction of services to the needy in the City of Miami by as much as 25 percent. Please do not confuse churches, and synagogues and temples with entities that engage in commerce. Churches, temples, and synagogues, through our ministries, provide basic needs to persons that government would otherwise have to provide. The application of the fire service fee to churches, and synagogues, and temples and its programs would jeopardize the partnership that has existed between churches and the City of Miami in providing services to the needy. On behalf of the Archdiocese of Miami and the other religious denominations of our City, I ask you, please, to exempt all religious institutions from this proposed fire service fee. Thank you very much. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Archbishop, let me again tell you how delighted we are that the powers that be, the Holy See, brought you here to Miami. I think you have been a very real source of strength and inspiration to a lot of us. And I certainly look forward to receiving your counsel and wisdom on these issues, as well as other issues. It's interesting that we have as many bishops here on an economic issue as we've had on any of the other issues, but we understand the importance of this. There are five Commissioners here, including Commissioner Plummer, who is against the whole concept, that have stated repeatedly that we embrace wholeheartedly the position that you have enunciated. The question has been... and I appreciate your words. You spoke of churches, and synagogues, and the religious places of worship. We have proposed repeatedly... and again, I guess, today, the Chairman is going to allow us to make a motion that would, in effect, exempt those institutions. However, we're referring to them in a more broader term as community service parcels. And I think the term that we're using in our ordinance and in our resolution is community service parcels, which includes all of the aforementioned religious organizations that you've gotten. But as the coalition, and their emergency ordinance... their emergency resolution has discussed, and the Supreme Court case, that if we limit ourselves to specifically those three areas, the churches, synagogues and places of worship, we probably will run afoul to not only the U.S. Constitution, but the Florida Constitution. The question, then, is, how far do we move away from that? And contrary to what has been said by many persons and some experts, this is a fee, and not a tax. And therefore, the concept of tax exempt doesn't really apply as it relates to the fee, itself. And therefore, every single entity that we exempt, we basically - not basically - we actually must write a check for the full amount. At this point, we're proposing about one point three million dollars ($1.3 million), which would include all the churches, and all of the places of worship. The question is, how far do we move away from that? There are some churches that have nursing homes, or retirement homes, or daycare, and the like, and even hospitals. We are grappling with this because, quite frankly, we're in a financial emergency. We would ask for your support and your indulgence in working with us, with the other religious organizations, in trying to help us fashion that exemption, which is not an exemption - we have to write a check to the fund - in a way that it is as narrow as possible, so that we do, in fact, protect the churches and the places of worship. And I'm appealing to you for your help. There are going to be some schools that, under our... Religious schools, are they community service parcels? Mr. Lawson: No. The schools will be considered educational, to the extent the property appraisers identify that as such. Now, the hospitals would be exempt. 45 January 13, 1998 Vice Chairman Teele: So... And again, what we're walking is a very, very real, but very tight line, based upon case law that has literally determined how far we can go and how far we can't go. So in the case of a church school, the church school would probably be exempt. And again, this word, "exemption," is a misnomer. You wouldn't pay. The City would pay for you. In the case of churches, the City will pay for you. We are not... We cannot exempt anyone. Everyone that we talk about exempting, what we're saying is that the City will use its property taxes and other taxes and pay it for you. So in the cases of your schools, we would probably be paying those. In the cases of a hospital, we would be paying those. In the case of a retirement home, we would not be paying those, or, for that matter, even a senior center or a daycare. Mr. Lawson: A better example would be the ownership of a commercial property, or a residential property. The public policy that we've tried to craft to meet that constitutional standard is, if it's institutional. In that instance, a retirement facility or a hospital would be... a check would be written. But if it were an apartment complex or a restaurant, then the religious property, as well as any other nonprofit property, would be expected to pay. So we've tried to categorize that category, institutional, and if it's institutional, tax exempt. Then you're going to write the check. That's the policy in your ordinance... in your resolution now. Vice Chairman Teele: So a church would be exempt. In other words, we would write the check. The parsonage or the rectory would pay. Mr. Lawson: Yes. Commissioner Regalado: Excuse me. Archbishop, if I may. Commissioner Plummer: What about a private school? Archbishop Favalora: Commissioner, if I could just respond, and perhaps I should follow the principle that Commissioner Plummer said, quit while you're ahead. Well, the fact is, when a parsonage pays or when the school pays, in fact, it is the church that pays. And I'm here to represent a principle that I think is very important in our community and in our country, with regard to religious institutions. And by religious institutions, I mean all institutions operated by one or another denomination. And I think that's a very, very important principle in our country. And how so ever you have to make your distinctions... and I'm not an attorney, so I don't know how to make distinctions between fees and taxes. But the fact is we have no money to... we can only raise money through people who are already taxed. And if we have to raise money and use those people's money, in a sense, if we have to pay more, then those people are being double taxed, because we have to try to get more money out of them to do what charitable organizations do. So I certainly pledge you my support, in terms of trying to work with you on this situation, but I think a very important and vital principle for our church/state relationships in this community is at stake. And I think that if we cannot work something out that is agreeable to all of us and our institutions who we represent, we could have and will have serious repercussions in this community. I think the church in this community has been one of the main sources of stability in the community. And this is destabilizing on the church community. And I wish just to leave you with that, and my pledge to support whatever we can do. Commissioner Regalado: Archbishop, I would like to agree with you, and I would ask you to tell us... and this is one example that I have in mind, St. John Bosco Church. In the same building where you worship, we have several facilities. Archbishop Favalora: That's right. Commissioner Regalado: Now, the question is, should that building be part of the whole exemption? Because... and if we do that one, then we have to do everything that the church 46 January 13, 1998 owns. Because I know, I know St. Dominic, it has an adjacent building which is not part of the house of worship. So we just have to consider. Archbishop Favalora: And Commissioner, further, as you know, at San Juan Bosco, we're about to build and have begun building a separate church facility. Now, if that's built, if that building is exempt, but the major building that does most of the social work that affects the people of the community, aside from religious worship, if we have a separation there, that parish simply cannot afford to do that. Commissioner Regalado: I was going to ask you that, because I know that construction is going on right now. Archbishop Favalora: That's correct. That's correct. Commissioner Regalado: So that will no longer be, in one year, a house of worship. Archbishop Favalora: That's right, that's right. That's correct. Commissioner Regalado: So it's something that we should consider. And I... J.L., this is why I said that if... I will second your motion, but it's part... the whole thing is part of what we're saying. Commissioner Plummer: Well, and I have said before, and I'll say again, my motion speaks to the religious. I have to ask this question. Commissioner Teele, you spoke of the church schools. We have private schools not attached to churches in this community. And they may or may not be profit -making. The question is, if you're going to exempt... excuse me. If you're going to not charge the religious schools a fee, without crying discrimination, how are you going to address the private schools who are not related to a church a fee, and make them pay it, but you don't, you know... Vice Chairman Teele: You obviously can't. Commissioner Plummer: Well, obviously. That's the point I'm trying to make. Chairman Hernandez: We can't do that. We can't do that. Vice Chairman Teele: I mean, that's the equal protection argument as it relates to private nongovernmental schools. But I think the point here... because, Commissioner Plummer, your position in being against the entire ordinance, underlying ordinance, is very clear. And, I mean, I don't think... you know, I'm going to work with you to etch away at trying to create the revenue stream to save this City from going under. I mean, we need to understand that what we're talking about is a fee for a service. If you call the Fire Department, if you call for emergency service, then all we're asking you to do is pay for it. No one is complaining about paying the Southern Bell fee. No one is complaining about paying the Florida Power & Light fee. And at the same time, I don't see why anyone would complain about paying the fee for the ambulance. It could very well save your life or the life of someone that's very dear. We have said repeatedly that we're going to provide exemptions, or we're going to write checks for those entities, as the Archbishop has said so eloquently, that really serve to help to stabilize this very fragile community. So I would only ask this, Archbishop. You all have a fee... there's a fee very similar to this... and I know your counsel may be around. There is a fee very similar to this in Broward County. An exemption which... apparently with the acquiescence and the consultation with the archdiocese has been created. Can you live with or can... would you be enthusiastic, I should say, as a clear line of demarkation if we go no further than Broward County went? 47 January 13, 1998 Archbishop Favalora: You're speaking specifically about the Davie situation, I suspect. Vice Chairman Teele: About the...? Archbishop Favalora: The Davie situation, or the Broward County... Commissioner Plummer: Yeah, that's what we have. Archbishop Favalora: ... that we are just talking about here. Commissioner Regalado: Davie. Commissioner Plummer: Yeah, that's what we have. You have the documents. Mr. Lawson: I don't... Counsel whispered in my ear that we represented several cities. Davie was one of them. But to my knowledge, the only exemption given to religious organizations in the cities in Broward County that have similar programs was that their institutional properties that were also tax exempt were paid for by those cities. And that is exactly what you have in your resolutions here. Vice Chairman Teele: So our resolution is... Archbishop Favalora: The Davie situation, Commissioner, is a different situation. There is an exemption. And I would just respectfully suggest that that might be something you might want to look at. Our attorney might very well want to speak to that point. But I would be enthusiastic about the Davie situation if that, indeed, is something... Vice Chairman Teele: But not the Broward County situation. Archbishop Favalora: I don't think I would be enthusiastic. I may have to take what I can get. But, no. If you really want me and the other churches to be enthusiastic, I think you want us to ask the community to give us in kind service for the services that we render to this community. Vice Chairman Teele: Archbishop, I'll conclude. I'll only ask you to please take note in your deliberation and your prayers... Archbishop Favalora: Yes. Vice Chairman Teele: ... the fact that the City of Miami, unlike Davie or any of these other cities, has been determined to be in a financial emergency... Archbishop Favalora: I understand that. Vice Chairman Teele: ... and that we're only doing this as a way of dealing with the very, very real structural budget deficit that this City has accumulated in its reoccurring budget over the last four or five years. And this is a twenty million dollar ($20,000,000) fix, if you will, and that's how far out of line our budget is. Archbishop Favalora: And I appreciate the budget situation that you have inherited. I know that you can appreciate the budget crunch that we inherit when the governments cut back and everything, and I think that's very important. I will pray Solomon's prayer for all of you gentlemen. And I hope that you come down on the right side. Does our attorney have something further to add? Thank you. 48 January 13, 1998 Chairman Hernandez: Thank you for your presence today, Archbishop. Commissioner Plummer: We ought to caution Mr. Teele, when the holy water starts flowing... Chairman Hernandez: Gentlemen, if we could limit the comments. Commissioner Plummer: I have one question, sir. Chairman Hernandez: Go ahead, Commissioner Plummer. Commissioner Plummer: OK. And I... Sir, we have a thing here that I think really would speak more to anything else in the separation, and that's Camilus House. Camilus House. It is operated by religious, but it has no church religious aspect, to my knowledge. So how would that be? Mr. Lawson: Like the religious properties, it would also be exempt in the resolution that we have drafted on the policy directions that we have garnered from this board. That would fall out, as well. Commissioner Plummer: OK. Chairman Hernandez: OK. Mr. Clerk, I'm going to give him three minutes. He's really going to be speaking on behalf of that whole group there, so we can limit the debate. Anthony, state your name and address again for the record. Mr. Verdugo: Thank you very much. Anthony Verdugo, Executive Director, Dade County Christian Coalition, 330 Biscayne Boulevard, 803. First of all, I'd like to thank the Commission for its generosity and I can understand the position that you are in. And I would refer you once again, and it has been submitted into the public record, Frederick Waltz versus Tax Commission of the City of New York, in Paragraph 2, where the Supreme Court Chief Justice Burger, expressing the views of the five members of the Court, stated, as it related to the granting of tax exemptions to religious organizations: Exemptions are granted to all houses of worship, religious worship, within a broad class of property owned by nonprofit quasi -public corporations, which included hospitals, libraries, playgrounds, and scientific, professional, historical and patriotic groups. And the legislative purpose was not aimed at establishing, sponsoring, or supporting religion. I would refer you to that document to use as a guideline in crafting the assessment fee here in the City of Miami. One possible scenario certainly could be that you exempt the churches and the houses of worship, as well as those properties owned by the churches and the houses of worship, i.e. the daycare centers, and the schools, and the nonprofit organizations, because this will impact Camilus House, YMCA (Young Men's Christian Association), YWCA (Young Women's Christian Association), the Salvation Army, the mission houses that are doing the work for the homeless. So if you look at it from that perspective, perhaps we can start reaching a consensus in that fashion. And we believe that the emergency resolution which the Christian Coalition has drafted to the City Commission begins to address that consensus that you exempt the churches, as well as those properties owned by them, and the nonprofit organizations, because typically, those are not -for -profit operations, such as a public school who does not have an association would be. Thank you very much. Chairman Hernandez: Thank you very much, Anthony. Who else is going to speak? Thank you, Archbishop. Max, please state your name and address for the record. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm speaking on behalf of the fee. I am for the fee because even if they call it a fee, a tax, whatever it is, it can be deducted 49 January 13, 1998 from your income tax if you itemize. But I am for it, because to make equal, because the City of Miami is providing services to a lot of people, and they don't even reside in the City of Miami. And they come to Miami, they benefit from Miami, and they don't... I mean, they get the service and they don't pay the fee. And there is no free lunch. Like you go here in item 21 in the consent agenda, the Jackson. We service Jackson. Jackson is a regional place for people from every place go there to get service. We got the Civic Center in Allapattah, which is a City within a City. Thousands of people go there every day, thousands of good jobs there for people, and this is a self-contained facility. They don't even spend money in the neighborhood, because they stay in Jackson. They stay in the State Attorney Office. They stay in the other prison there. They don't spend. But if something happen there, there is a leakage of hazardous material, we got to send ten apparatus there, 14 apparatus from the... And then what happen with that? If we don't cover that expense, we don't have money to have programs in the park. Our pools are closed. And that's obscene that that happen here in the City of Miami. Because our neighborhoods are poor, and we're serving the rich people from other places that come to Miami. And don't listen to the pressure. I live in the City. All these people, they say 330 Biscayne Boulevard, that's the office there. He doesn't live there. That's an office building. Commissioner Plummer: You know, if you turn the volume down, we can suntil hear you. Mr. Cruz: Yeah, OK. Well... Chairman Hernandez: Thank you, Mr. Cruz. Mr. Cruz, your time is up. Mr. Cruz: But consider that, even with the private school, if you don't pay, you don't get school in there. Chairman Hernandez: Thank you very much. Mr. Cruz: Service. Mr. Tommy Watson: I'm Tommy Watson. I'm the Executive Director of the Metropolitan Fellowship of Churches. I have a concern, and I think, like the Archbishop said, the services rendered to our community are so great. But I have a concern about some of our black churches. For example, I looked at the AME (African Methodist Episcopal) Church, nine thousand dollars ($9,000) would be their fee. Some of these churches are going through budget crunches themselves, and certainly need all the help we can give them. In addition to that, I'm sure you're aware of the fact that the County has sent out that buildings over 40 years of age must be brought up... old, 40 years old, must be brought up to code. Churches like Central Baptist here would probably have to spend over a hundred thousand dollars ($100,000) just to come up to code, because it's an old building. So my concern is that you have a budget crunch, and you do, but so do these churches, and we'd ask you to consider that. Thank you. Chairman Hernandez: Thank you, Tom. Name and address for the record. Mr. Tom Brennan: Tom Brennan, 225 Aragon Avenue. I just want to read a little speech that I prepared to tell you that I'm against the fire assessment fee. We represent a lot of tenants that live in the Overtown and Liberty City area. And we've been out, and polled the people, and talked to the people, and I just want to let you know what their feelings are and read you a little note that I have. My brother and I own apartments in the City of Miami, specifically in the Liberty City, Overtown and Little Havana area. We have always tried to provide housing for those people who have made in the area of five and six dollars ($6) an hour. A hundred and sixty-eight dollars ($168) per apartment tax would, in fact, destroy the opportunity for these people to keep their apartments. These people are always struggling to meet their monthly obligations. I want to show you under the... I want to show you how unfair I believe this tax is. 50 January 13, 1998 If you have a building in Coconut Grove and the rent is a thousand dollars ($1,000) per month, and you have a building in Liberty City where the rent is three hundred dollars ($300) a month, you can see the effect on the low income family is much greater when the rent is increased to cover this tax. In conclusion, this tax is going to destroy the opportunity for the struggling individual and family who need a reasonable apartment to rent. And if this tax is passed, I ask each and every one of you to write a letter to the struggling families of Liberty City, Overtown and Little Havana explaining why their rent has gone up. Thank you. Chairman Hernandez: Thank you, Mr. Brennan. Ms. Judy Clark: Good morning. My name is Judy Clark. I live at 5930 North Bayshore Drive in Miami. First of all... don't stop me, Arthur. I want to talk about this garbage fee. As far as I'm concerned, the garbage fee and the fire rescue fee are inextricably bound. This is the siamese twin of the new charges to the citizens of Miami. A single family home owner is not going to pay a garbage fee this year. Instead, they're going... Commissioner Plummer: Yes, they are. Ms. Clark: Well, fortunately, you sent those out. You heard my cheer, right? Commissioner Plummer: You are going to pay it. Ms. Clark: Oh, well. What I understand is that you're eliminating the garbage fee. So here it goes. What you're going to do now is charge the single-family homeowner a hundred and thirty- two dollars ($132) for fire rescue so that the single-family homeowner will be paying twenty- eight dollars ($28) less than every single tenant or condo owner that lives in the City of Miami. I own a ten -unit building. I'm paying a hundred and sixty dollars ($160) for each single individual unit, no matter what the size of it. The garbage fee, which is now been eliminated, says this to me. This is a headline. City of Miami charges the poor tenant that pays three hundred dollars ($300) a month rent an additional fifteen dollars ($15) a month, and gives a rebate to the single-family homeowner of twenty-eight dollars ($28). Tell me where this is fair. This is not fair. Commissioner Plummer: It's thirty-four. (APPLAUSE) Ms. Clark: Second... That's just one consequence. Secondly... Chairman Hernandez: Judy, five seconds. Ms. Clark: Secondly, if the need is so great, how can you eliminate a fee? How dare you come to the City and say, we're going to eliminate a garbage fee, when the whole thing... this whole Fire -Rescue thing is predicated upon a great financial crisis. Don't eliminate a fee. Secondly, there's collectibility. You're not going to collect it. The great majority, I believe, of the investors, property owners that own large apartment buildings are not going to pay it. You're out forty-four million dollars ($44,000,000) right now in Code Enforcement fees. You haven't been able to collect that. You're not going to collect this. Secondly, if you are going to move forward... (APPLAUSE) Ms. Clark: If you are going to move forward with this, you have the issue of equality. You're going to charge me a hundred and sixty dollars ($160) for a 500 square foot efficiency 51 January 13, 1998 apartment, and you're going to charge a Brickell owner/renter a hundred and sixty dollars ($160) for a 2,000 square foot apartment overlooking the bay. This is not fair. Thank you. Chairman Hernandez: Thank you, Judy. (APPLAUSE) Chairman Hernandez: Oscar, name and address for the record, please. Mr. Oscar Braynon: Thank you for the courtesy, Mr. Chairman. My name is Oscar Braynon, 111 Northwest 1st Street, Suite 220. I currently serve as a Commission Aide for Miami -Dade County Commissioner Dr. Barbara M. Carey, District 3. Commissioner Carey desired to speak before this body regarding the Fire -Rescue assessment and its assessment application. However, the County Commission is currently in session this year, and they recently called an election on May... March 18th, I believe is the date. Commissioner Plummer: For what? Mr. Braynon: A new Commissioner. Commissioner Plummer: Oh, oh. I thought it was a new Mayor. Whew! Mr. Braynon: Thank you, Mr. Plummer. " Mr. Chairman and members of the Commission, as Dade County Commissioner for District 3, an area which comprises much of the northwest section of the City of Miami, including Liberty City, portions of Overtown, Wynwood, Allapattah, and Little Haiti, I am deeply disturbed about the divisive and unfair impact the City of Miami's proposed Fire -Rescue assessment will have on our community, particularly with respect to the fee sought to be imposed on low income multi- family rental units which are so prevalent in the area. My concerns are as follows: The proposed one hundred sixty-two dollar ($162) fee is simply exorbitant as applied to our older but serviceable apartment buildings. These buildings, and not public housing units, are the real housing work horses, providing shelter to the majority of our working poor and our welfare recipients. Moreover, unlike public housing units, they must also pay ad valorem taxes to the City and the County. They often sell for and are typically assessed for as little as five thousand dollars ($5,000) or less per unit. At a millage rate of 30 mills, this means that in many cases, the amount of the proposed City of Miami Fire -Rescue assessment alone will be equal to or even greater than the entire annual real estate taxes for all taxing entities represented in the combined Dade County tax bill." (APPLAUSE) Mr. Braynon (Reading): "Does it really make sense to believe that the cost to the City of Miami of providing Fire -Rescue assessment to a giving... or Fire -Rescue services to a given building is equal to the building's previous entire contribution to the operations of the City, the County, the School Board, and the South Florida Water Management District? As you know, the Dade County Commission recently considered but rejected a Fire -Rescue assessment, as well. The proposed fee was only sixteen dollars ($16) per unit, or about ten times less than the City of Miami charges you are currently considering. A comparison of these two figures alone should show that something is seriously out of line with the amount of the City of Miami's proposed assessment. Number two, the Fire -Rescue assessment is unfair and 52 January 13, 1998 regressive. Our mid -sized apartment buildings are increasingly owned by members of our own community, who lack the economic capacity to absorb the fee. Accordingly, these owners will be required to pass on the charges to the tenants, many of whom are themselves underemployed or struggling to get off of the welfare rolls at this time. They are simply unable to pay. Homeowners, on the other hand, who, as a group, are far more advantaged economically than tenants, get a free ride under the current Fire -Rescue assessment. While homeowners are to be charged a hundred thirty-two ($132) in annual Fire -Rescue assessment, they received a corresponding reduction in the amount of annual garbage fees to be paid under the original five-year plan. Indeed, according to the recently approved modifications to the five-year plan, homeowners are to be excused entirely from the annual garbage fee of one hundred sixty-six dollars ($166) currently charged, resulting in a net benefit of thirty-four dollars ($34) for each homeowner. Isn't giving away thirty-four dollars ($34) to each homeowner in the City at this time a curious way of dealing with Miami's operating deficit? Apartment owners and their tenants, on the other hand, will receive no offsetting benefit from the proposed elimination of garbage fees. As you know, the City of Miami no longer collects garbage from multi -family dwellings. Apartment owners will continue to be required to use and pay for the services of private haulers. Isn't there something fundamentally wrong with a notion that an apartment building in Liberty City, Little Haiti, Allapattah, or Overtown must pay separately for all of its own garbage collection without any subsidy, and must pay ad valorem taxes so that a complete subsidy of garbage collection can be provided to homeowners in the most exclusive sections of Miami? Third, finally. The Fire -Rescue..." (APPLAUSE) Mr. Braynon (Reading): "Finally, the Fire -Rescue assessment is doubly regressive as applied to apartment owners and dwellers. As indicated above, the proposed City of Miami Fire - Rescue assessment is regressive because its real burden will fall upon apartment dwellers, who generally are able to pay... are less able to pay than homeowners. Indeed, even with the class of apartment dwellers, the fee is severely regressive. This is because the fee is calculated entirely on a per -unit basis with respect to apartments, irrespective of the size of the unit, or the amount of rent charged for the apartment. Thus, the tenant who pays three hundred dollars ($300) for a 400 square foot apartment in Liberty City will pay the same annual Fire -Rescue assessment of one hundred sixty-two dollars ($162) each year, which is charged with respect to a 1500 square foot apartment commanding fifteen hundred dollars ($1,500) per month or more. This is simply not fair. Indeed, it is doubly unfair. There are many other inequities and inconsistencies with the Fire -Rescue assessment, which suggests that the entire concept should be scrapped in favor of a more fair and equitable method of raising revenue, one which is not severely regressive, and one which does not disadvantage any particular ethnic group. A good start may be to allocate the recipients of municipal services, such as garbage collection the actual cost of providing such services. A second important step for all of us as public servants is to explore every possible means of reducing our cost. All of this will require hard work and great political courage. However, I am confident that you are fully capable of providing the leadership which this City requires at this crucial time. Thank you for your consideration and time. Sincerely, Barbara M. Carey, County Commissioner, District 3." (APPLAUSE) 53 January 13, 1998 Chairman Hernandez: Thank you, Mr. Braynon. Vice Chairman Teele. Vice Chairman Teele: I guess you've answered my question. Your testimony was approved by the Commissioner? Mr. Braynon: Yes. Vice Chairman Teele: So that was her own testimony. Mr. Braynon: Yes, it was. Vice Chairman Teele: For the record, let me make three observations. Number one, our Commission is taking note of the fact that once again, you have public officials who are more concerned about... for profit -making businesses than the overall public well-being. Your testimony is very clear. You obviously don't object, as your testimony says, to the fees being charged in public housing. That's what your testimony is. Do you have any idea how much money you all are waiving... Commissioner Carey is waiving the objection to? Mr. Braynon: No, sir. I... Vice Chairman Teele: It's about two million dollars ($2,000,000). It's more than all of the churches and religious organizations combined. And you all are basically adopting... You don't have a problem with that, and I just hope that you all will not double back when the bill comes from the City to the County, and I hope you'll write the check, because it's very clear to me that somebody is writing checks to you all, because all you're down here talking about are multi- family. And I've got to tell you, I'm deeply offended that you would come down and pit homeowners, individual homeowners, as repleted throughout that testimony, against multi- family owners. Liberty City, District 3, which I was privileged to represent for seven years, District 3, which starts around 112 or 40... or the Allapattah area that we were just speaking about, there at around 39th Street, and goes up to 54th Street, has some of the most hard working homeowners who have really gotten nothing from this City and the County but the tax bill. The very roads we talked about this morning... in fact, on 41st Street, the road is an "F." The streets are "F." The streets are totally third world quality streets. On 41st Street, come right off of 112 onto 17th and double back down 41st Street, 42nd Street. And what we're trying to do is figure out how this City can begin to provide and return some services to the people, the single-family homeowners who pay taxes. And your testimony is repleted with the statements that you don't mind those people paying, don't tax the multi -family. And for the record, I, for one, am not going to be voting to eliminate a garbage fee. And there's been that discussion that Ms. Carter had previously, and that is repleted through your testimony. This, I believe, is a real tragedy, when public officials will begin to come down and pit one group of people against the other. And I think it's a disservice to the community. I think it's a disservice to the City, and quite frankly, I think it's a disservice to humanity. Chairman Hernandez: Thank you, Vice Chairman. Ms. Taylor. Ms. Monique Taylor: My name is Monique Taylor. I am a, quote, landlady. I reside at 1271 Northeast 85th Street in Miami. And I am trying very, very desperately, under extremely adverse and hostile circumstances, to provide housing for some people who have very limited income, namely, retired people who are living exclusively out of Social Security, disabled people, people living with AIDS (Acquired Immune Deficiency Syndrome), people who have been addicted to drugs and alcohol and are trying to come back into mainstream society. They're people who are, at best, when they're blessed, earning five to six dollars ($6) per hour. My rents are in a range of three hundred to three hundred and fifty dollars ($350) per month of 54 January 13, 1998 limited housing, of average rent. I am not a rich witch, who has neither the ability nor the willingness to reach into the people... the pockets of the poorest of the poor and pull out fifteen dollars ($15) per month, in additional taxation for... which is simply not there, which does not exist. They don't have it. I'm presently functioning without hurricane insurance, without wind storm insurance, without flood insurance, because I cannot afford it. And I'm here to tell you that after speaking to approximately two to three hundred property owners who are in my position, the people, the property owners will not pay this fee, because they are not able to pay it. They have assured me that they will or have mortgaged their property for as much as they can. They have milked... they will milk their property. They will not do the necessary repairs. They will absolutely pull every little bit of their investment, and they'll walk out of it. And you gentlemen are going to have to deal with abandoned property, with additional fire and rescue calls, because most of those properties ultimately burn, with police calls, with neighborhoods decaying, with lowered property values, and lowered tax base, and you will not collect that fee. The money is simply not there, gentlemen. Chairman Hernandez: Thank you, Ms. Taylor. Ms. Taylor: You can't bleed a turnip. Chairman Hernandez: All right. Name and address for the record, please. Ms. Eva Nagymihaly: My name is Eva Nagymihaly. I reside at 3110 South Miami Avenue. I also am a property owner, an apartment building owner in Miami. I've spoken before. I'm not going to repeat what has been said. I just want to remind you on the fairness issue which was brought up, what was calculated in the beginning. They said they took the tax roll and they looked at the use, and they based the fees on this item. Well, if you look a little bit closer, it doesn't work that way. Institutions will not be taxed. You cannot... lower governments have the hardest time, impossible to collect from higher governments. We know that. That was even expressed here. It said for you not to count on it. So the discussion on that really doesn't help. Public housing, nobody mentioned it today, but in 1969, a ruling was made. All public housing will do is pay 100,000. That is it. It was stated that it would be three point one million last year that they paid for Fire -Rescue services. So between now and February 24th, no one is telling you that you have to go on the figures that you're looking at now. You need to go back, do your homework, and if you're going to create a fair fee, look at it with the way you can bring in the monies. Think about that garbage fee again. Don't say, we'll look at it another time. This is all together. We, as a City, need to raise more funds. But, OK, do a little here, do a little there. Do not say you're going to rescind this sometime, quote, in the near future, when somebody wins the Lotto and they're going to donate it to the City. I don't think it's going to happen. So go do your homework, please, and we'll help you as the public. We'll help you do your homework, but do not impose this fee on apartment owners, because it will fall back to the apartment dwellers. Thank you. Chairman Hernandez: Thank you very much, ma'am. Name and address, please. Mr. Murray Greene: My name is Murray Greene. I'm the property manager at NationsBank Tower, 100 Southeast 2nd Street. A position paper was faxed to all of the Commissioners yesterday with the position of real estate organizations that represent commercial properties. I'm on the board of directors of the Building Owners and Manager's Association of Greater Miami. I'd like to read this statement into the record, please. "We strongly oppose the adoption of any special assessment taxes through non -ad valorem taxation without a vote of the tax paying community as a whole in the City of Miami. As the Fire -Rescue Tax Ordinance is currently written, there are no limits on future increases to this non -ad valorem tax. We are alarmed at your plan to circumvent constitutional and statutory ad valorem revenue sources and 55 January 13, 1998 millage protections through unauthorized user fees. Our position is the taxpayers must have the opportunity to decide whether a Fire -Rescue tax with no limits on future increases is acceptable." Thank you. Chairman Hernandez: Thank you very much. Sir, name and address for the record. Mr. Phillip Thomas: Gentlemen, my name is Phillip Thomas, 8250 Northwest 27th Street, Miami. I'm the Chairman of the Coalition of Real Estate Owners and Organizations of Dade County, representing about 15,000 property owners. I think the public needs to know about the origin of this specific fee. Historically, in the history of Dade County, Florida, and the City of Miami, Fire and Rescue, Police and other esential organizations have been paid from the general fund. The Constitution of the State limits the ability of the City to tax property to ten mills. And this ploy to raise this fee is a deliberate, and, to my way of thinking, an unethical way to pull an in -run around the Constitution of the United States. Many people have that feeling. Nevertheless, it would appear that you gentlemen, regrettably, are committed to this. And I want to say to you, I think that it is one of the most unhappy choices you must be making this year. The application, the exemptions, the hardships, the regressiveness of this fee are about the worst that I have seen in 43 years of living in Dade County. (APPLAUSE) Mr. Thomas: One thing I'd like to say. This fee, to homeowners and individuals, is not deductible from the income taxes. When you send out these notices to the condominium owners who are entitled to reduce this or to take this from their income taxes, I really almost insist that you put on these tax bills in bold red print, this fee may not be deducted from your income tax. Because they're going to get in a fight with the IRS (Internal Revenue Service) over this subject. And I think that the popularity of this fee and the popularity of the City Commission will be significantly deducted. And I will ask, and I'm looking at a lot of eyes here, that you put this right on the tax bill, when you send this out to the condominium owners, do not deduct this from your income taxes. Commissioner Plummer: You can't. Mr. Thomas: They will or they'll get in trouble. And I think that the City should give guidance and own up to its own inadequacies by putting that on the tax bill to individual condominium owners. (APPLAUSE) Chairman Hernandez: Thank you very much. Sir, name and address for the record. Commissioner Plummer: Again, you're back here? Mr. Ken Merker: My name is Ken Merker, 4424 Northeast 1st Avenue. My main concern is how to legitimately implement such a plan when the City organized the task force last year that it recognized at least 5,000 illegal units operating in the City, knowing that several thousand more do exist. To implement such a fee would be unfair to property owners and to apartment building owners, which I happen to own both. And to see fit when a woman across the street from me in her home is operating five units out of her home, while I'm... have a, you know, a single-family home, she's paying as a single-family homeowner, yet she's, you know, incurring income from all these rental properties. And such problems exist throughout my community, which is Buena Vista. And we've been working for four years with our NET (Neighborhood Enhancement Team) Office, who feel that they don't find the need to recognize such violations. It's a growing 56 January 13, 1998 concern, and it's something that the City needs to recognize before implementing such a plan, you know, what the legality of such issues would be. Thank you. Chairman Hernandez: Thank you very much. Ma'am, name and address, for the record. Ms. Janet Kilroe: Yes. My name is Janet Kilroe. I live at 638 Northeast 83rd Terrace, Miami. It has become a low income family area. I've lived there going on 19 years. I cannot move. I'm on Social Security disability. I don't get food stamps. I don't get Medicaid. I'm a single woman. And this can't happen, because I'll be on the street. We have eight units where I live. Is that woman making money? No. The highest rent she's charging is three hundred dollars ($300). There's no money she's making. She hasn't been making money over years. I know. This cannot happen, because I'll be on the street. I cannot give any more than what I'm making. I only get one check a month. You men have got to take care of the past and figure out what else you're going to do, not just start a new project. Get rid of your old projects first. Then you can go forward. You cannot continue this. Thank you. Chairman Hernandez: Thank you very much, ma'am. Name and address for the record, sir. Mr. Malcom Wiseheart: Malcolm Wiseheart, 2840 Southwest 3rd Avenue, Miami, Florida. Sometimes, you have to drink deep, or not at all. There are some things that you have to do thoroughly, and consistently, or you just ought not to get into them. Fire -Rescue fees are one of those things. Now, there's nothing wrong with charging for municipal services if you charge the right amount and equally apportion it. For example, with the garbage fee. In point of fact, if you charge what the City Manager has said several times, or previous City Managers, and presumably, the current one would agree, the actual charge of providing garbage collection to the 80,000 households in Dade... in the City of Miami, you would collect three hundred and fifty dollars ($350) per house times the 80,000, and you'd collect twenty-eight million dollars ($28,000), and that would be the end of the problem. We could all go home, not just the clerics, but all of us. But that would require a lot of political courage, and it would require, also, a lot of listening to people who want to know why it's so high, which, in itself, is good social policy, because it's then the opportunity to answer that question, "Why is it so high?" and eliminate waste. But what we have today, right now, after the modifications, is something that's not consistently applied. It's not evenly apportioned. It's anything but. It's a kind of a Swiss cheese of exceptions and exemptions. It's a kind of a shell game, when you move over here to a garbage reduction, and move over here to an increase in the Fire -Rescue fee. And when all the smoke clears, and you lay the mirrors down, what do you have? Who actually bears the impact? And the answer is the poorest of the poor in Miami. It's not the houses of worship. You're going to give them a compensating grant. It's not the homeowners, because the homeowners get a compensating reduction in the garbage fee. And, in fact, the thirty-four dollars ($34) for the 80,000 units is a two point seven five million gift at a time of crisis. So who's left? Among a few other groups are the apartments, and the apartments bear the impact. They can least afford it, as you've heard from the testimony today. A hundred and sixty dollars ($160), in many instances, represents the ad valorem taxes. It's ten times what the Dade County charge would have been. The tenants can't afford it. Many of them are struggling right now, so this comes at a cruel time when the tenants are trying to get off welfare. And they are going to be locked into housing, and not having the American dream of being one of the favored homeowners. So it's a regressive tax. I think you're going to have collectibility with this particular tax. I think it's going to lock the City of Miami into expensive and ultimately, probably unsuccessful litigation. There's a simpler thing you can do. You can address the garbage fee and do it fairly and consistently, and ask for the goodwill of all people, and I think you'll get it. You can raise the millage rate to ten. That will create two or three million dollars ($3,000,000). You can leave the garbage fee alone, and you'll have, even in the semiannual payment, about two or three million dollars ($3,000,000). And there are many things that will add up. But the garbage or the Fire - Rescue fee is so flawed with inconsistencies, with exemptions, that it's just not worth saving. 57 January 13, 1998 You could build in some equity. You could assess the apartments on a square footage, as opposed to a per unit basis. That would make the impact slightly less regressive. But you can't get away from the fact that it's suntil going to be a regressive tax. It's not a good one. You ought to scrap it and start from the beginning. (APPLAUSE) Chairman Hernandez: Thank you very much, Mr. Wiseheart. You'll be the last speaker, sir. Name and address for the record. Mr. Jean Prosper: Yes. Good afternoon, gentlemen. My name is Jean R. Prosper. I have a building located at 7820 Northeast Bayshore Court. We're six months behind the rent... the mortgage right now. I've had that building for eight years. I'm suffering from it. It's like Jesus on the cross. I got a tenant who's got six months, cannot pay me. I got one got three, I got one got two. I got six months behind my rent right now... behind my mortgage. I tell you, gentlemen, sincerely, by April 1st, you could have the keys on all my apartments. I would give it to you guys. Thank you very much. Chairman Hernandez: Thank you very much, sir. Name and address for the record, sir. You will be the last to speak today. Mr. Jeff Mazor: All right. My name is Jeff Mazor, Presidential Circle, Number 350. A couple of points I'd like to make. I reside... Commissioner Plummer: Excuse me. Presidential Circle, is that Washington, D.C.? Mr. Mazor: No, no, that's in Hollywood. I'm an attorney out of Hollywood. Commissioner Plummer: That's fine, sir. Mr. Mazor: I'm sorry. Commissioner Plummer: I just didn't know where Presidential Circle was. Mr. Mazor: OK. Commissioner Plummer: I'm ignorant. That's Huizenga country? Mr. Mazor: Not that I know of. Commissioner Plummer: OK. Mr. Mazor: There are about four points I'd like to make. Some of this may be repetitive of what Mr. Wiseheart said. But in our State, we have a limit for ten mills for a very good reason. The people of the State don't want to spend more than that on their government. You folks are, in fact, doing an in -run around that. Now, you're doing it based on the concept of user fees, based on the concept that most people can agree with, that people ought to pay, people ought to pay for what they're receiving. However, there's no limit here, no limit, whatsoever. Further, while your basic taxing system does tie the amount charged to people to essentially a quality of life measure, that is, the value of their real estate, this system goes entirely in the other direction, so that those people who have the least quality of life out of the City of Miami, those people who are living in the poorest of the poorest housing will be paying the same amount of money as those with the highest quality of life, those who are getting out of the City of Miami the highest quality of life. And so, you have turned your own approach on its head. Further, and very 58 January 13, 1998 importantly, folks, you are changing the rules. The City of Miami is loaded with income - producing real estate, real estate that derives its income from those tenants who are generating income from the sweat of their brow and the work that they do. Those people pay their landlords. Their landlords charge fees. And all of these people, all of these people, unlike - forgive me - the City of Miami, have to budget ahead of time, and then live within their budget. They cannot go back six months, or, hey, why not go back four or five years, and charge for money... charge for services previously rendered? They cannot pass through retroactive taxes. They cannot pass through retroactive fees. These landlords are all going to get it in the neck, in a City that can hardly afford to skewer its landlords any more than it already has. These people, in some cases, will not be able to make mortgage payments, because there will be no way that they can go back to tenants after the fact and charge them for six months worth of Fire -Rescue and utility fees that they didn't know about at the time their rents were set. You are undermining the predictability of the business environment, which is a very serious problem for those that you depend upon to make this City prosper. Thank you. (APPLAUSE) Chairman Hernandez: Thank you very much, sir. This brings an end to the public hearing. There is a resolution on the floor, item 16. Is there any motion from the Commission? Vice Chairman Teele: So move, Mr. Chairman. Chairman Hernandez: Moved by Vice Chairman Teele. Is there a second? Commissioner Gort: Excuse me. I'm sorry, but I think if you recall, there is a motion on the floor. Chairman Hernandez: Well, Commissioner Plummer, as I explained, your motion was to exempt places of worship only, and I explained to you that that is... that already exists within this resolution in broader text. Commissioner Plummer: Mr. Chairman, I fully understand what you're saying, but for some reason, nobody wants to understand what I'm saying. My motion spoke only to that, and other motions can speak to other issues. I have no problem with withdrawing my motion, since it does incorporate that which I think is absolutely necessary. If that's how you want to handle it, it's fine with me. I'm interested primarily in seeing that the churches... Chairman Hernandez: Right. All righty. We have a motion on the floor by Vice Chairman Teele. Is there a second? Commissioner Gort: Second. Chairman Hernandez: Commissioner Gort has seconded the motion. Commissioner Plummer: This is item 16 in total? Chairman Hernandez: This is item 16 in total. All those in favor... Vice Chairman Teele: Mr. Chairman, on the motion... Chairman Hernandez: Yes, Vice Chairman Teele. Vice Chairman Teele: Now, what we're doing is, this will come back in 30 days; is that... I want to be very clear. All we're doing now is providing the public with 30 days to consider the policy judgments, the policy determinations and the rates, the proposed rates? 59 January 13, 1998 Chairman Hernandez: Right. Vice Chairman Teele: So what will happen is, this will all be noticed by the Clerk in newspapers, and I think there needs to be an amendment, because it says that the Manager will publish the notice. The Clerk publishes the notice. And it also says that the Manager will look for ways to make even more persons aware, and I think that is appropriate and proper. But this is essentially to let the public know everything that we're doing. And encompassing that is everything that Commissioner Plummer would have done in his motion, and much more. Mr. A. Quinn Jones, III (City attorney): That's correct. Chairman Hernandez: Correct. We've got a motion on the floor. We have a second. All those in favor, say "aye." Commissioner Gort: Aye. Chairman Hernandez: Aye. Vice Chairman Teele: Aye. Commissioner Regalado: Aye. Commissioner Plummer: Show a negative. Chairman Hernandez: Commissioner Plummer votes no. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-34 A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE -RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING FIRE -RESCUE ASSESSED COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Chairman Humberto Hernandez Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. 60 January 13, 1998 Vice Chairman Teele: Mr. Chairman, I would also ask that the Manager and the consultants be asked to report back in 30 days on a mechanism to seek voluntary payments, or to at least provide notice to every person that we are providing this so-called exemption to, and to advise them the City will be paying this amount of money, whatever the amount is, and further, to seek voluntary payments for those organizations or entities that may be in a position to make payment. Commissioner Plummer: Mr. Chairman, if we're getting ready to break for lunch, I... Commissioner Regalado: If I... J.L., I just have a question to the City Attorney. Mr. Jones: Yes. Commissioner Regalado: City Attorney, if I were to bring a motion which would say buildings adjacent to the houses of worship, would that...? We heard here what the leaders said. And when we talk about buildings adjacent, we're talking of buildings that do community work. Mr. Jones: Mm-hmm. Are you asking whether you... if you made a motion to - what? - exempt, to exempt those, or what? Commissioner Regalado: Which will be a follow-up motion to Commissioner Plummer's, and which will, in fact, tell the public the way that this Commission is doing. Vice Chairman Teele: If I may. Well, I would be happy to second a motion to ask that the consultant and the Attorney to study the impact and to be prepared to discuss that in two weeks or in 30 days... Chairman Hernandez: Thirty days. Vice Chairman Teele: ... as to any ancillary facilities. But I think you want to narrow that to ancillary, because if it's a building adjacent to it, it could very well be a commercial bookstore... Commissioner Regalado: Absolutely. Vice Chairman Teele: ... or a commercial... Commissioner Regalado: I'm referring to community work, Mr. Vice Chairman. Mr. Lawson: One of the things that you are doing here today is you're directing your Manager to not only spread the rates, to make that available, but there is a preliminary roll that will be available shortly, within a few days. The Clerk can either have it. I think the resolution provides for it to be hard copy or by computer terminal. So anybody interested in his specific parcel by name or by parcel number can come and look and see how that's evaluated. That's how finite this program has gotten at this point. Vice Chairman Teele: OK. I'd like to take that up in just a minute, but, Mr. Chairman, I'd like to second the motion that the Commissioner is asking that the Manager and the consultant look at the adjacent facilities, or contiguous facilities, or ancillary facilities, and to be prepared to report back in 30 days. Commissioner Regalado: Related to community work. Vice Chairman Teele: Related by... of churches related to community work. 61 January 13, 1998 Commissioner Regalado: Of churches. Of churches. Chairman Hernandez: Right. Commissioner Gort: Commissioner Teele, I'd like to add in there, if they can do it, also, this fee was to be paid by the social service that's being provided. What would be the economic impact if it's reduced by 20 or 30 percent? Mr. Lawson: We have that information on a parcel -by -parcel basis, and that will be made available, too. Chairman Hernandez: OK. We have a motion. Vice Chairman Teele: Call the question. Chairman Hernandez: The question's been called. A motion by Commissioner Regalado, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-35 A MOTION INSTRUCTING THE MANAGER TO HAVE THE CONSULTANT TO STUDY THE IMPACT OF IMPOSING THE FIRE ASSESSMENT FEE ON THOSE FACILITIES ADJACENT TO CHURCHES RELATED TO COMMUNITY WORSHIP, AND ANY OTHER ANCILLARY FACILITIES; FURTHER DIRECTING THE MANAGER AND CONSULTANT TO REPORT BACK TO THE COMMISSION IN THIRTY DAYS REGARDING SAME. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Teele: Mr. Chairman, if I may make a motion... Commissioner Plummer: Mr. Chairman, I do vote favorably on that, to get information for my colleague, even though withstanding, I am opposed to the fire fee. Chairman Hernandez: OK. Vice Chairman Teele: Mr. Chairman, if I may just make a motion so that the attorneys and the Manager have something to work with, and that is that the final resolution language be drafted that will, in fact, provide for notice for everyone that we're making the payment of, that is, the 62 January 13, 1998 exempt entities, the amount that we will be making the payment for them, and a provision that allows for them to make a voluntary payment, should they choose to. Commissioner Plummer: Mr. Chairman, if I may before breaking... Vice Chairman Teele: Could we get a... Chairman Hernandez: We have a motion on the floor. Commissioner Regalado: I'll second. I'll second the motion. Commissioner Plummer: Oh, I didn't know it was a motion. Chairman Hernandez: Motion by Vice Chairman Teele, second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-36 A MOTION INSTRUCTING THE ADMINISTRATION TO PROVIDE ADEQUATE NOTICE TO EACH INDIVIDUAL MAKING PAYMENT OF THE FIRE ASSESSMENT FEE; FURTHER GIVING THE DISCRETION TO EACH PERSON TO MAKE PAYMENT IF THEY CHOOSE TO DO SO; FURTHER INSTRUCTING THE CITY CLERK TO ADVERTISE SAME. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Vice Chairman Teele: And finally, Mr. Chairman, do we have the technology available to put up a website, so that anyone can just basically figure out what their... the impact is going to be? Chairman Hernandez: We do have? Vice Chairman Teele: Do we have the technology to put up a website? Commissioner Plummer: Mr. Teele, I have International Trade already on a website, so you can possibly use that or create another one quickly. Vice Chairman Teele: Well, I would ask, and respectfully ask the Manager to determine whether or not the data can be placed on a web site over the next 30 days... 63 January 13, 1998 Commissioner Regalado: There's Aldo there. Aldo. Vice Chairman Teele: ... including the parcels, and if not, to see how we can do it. Commissioner Plummer: I have the one. ---------------------------------------------------------------------------------------------------------- 5. EXTEND CONDOLENCES TO FAMILY OF LATE JUDGE MILTON FRIEDMAN. Commissioner Plummer: Mr. Chairman, if I may? Very quickly, before we break, I would like to make for the record, and spread across the minutes, a very fine community leader who passed away, and the funeral was this morning, that we could not attend. And I speak to the passing of Judge Milton Friedman, who all of us have known for years, and with pride, his son took over the Judgeship. He will be sorely missed by this community, because he gave his all. And I would make a motion at this time that we spread across the minutes and make known to the family the condolences expressed by a grateful City. I so move. Vice Chairman Teele: Second. Chairman Hernandez: Thank you very much. There's a motion and there's a second. All those in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-37 A RESOLUTION EXPRESSING DEEPEST SYMPATH AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JUDGE MILTON A. FRIEDMAN, UPON HIS UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 64 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 6. SCHEDULE DISCUSSION FOR AFTERNOON SESSION FOR FUNDING OF GUSMAN HALL BY DEPARTMENT OF OFF STREET PARKING -- SEE LABEL 8. Commissioner Plummer: My second and final thing before lunch, Mr. Mayor... Mr. Chairman. Well, more or less. It's not February. I would like to invite... I would like to invite this afternoon the head of the Off -Street Parking Authority for the sole purposes of explaining to this City Commission a profit -making company, which they are, why they cannot subsidize Gusman Hall. I don't want Gusman Hall to go away. I am told that if we don't find something, the 31st of January, those doors are closed and locked forever. We know this City can't afford it, but I believe the Off -Street Parking Authority can afford it. And as far as I'm concerned, I would like them here this afternoon to try and convince me that they can't do it, because the film festival is coming, the doors are going to be closed, and so I would hope they can be here this afternoon. Chairman Hernandez: We're working on that, Commissioner Plummer. We're going to be recessing until three o'clock. ---------------------------------------------------------------------------------------------------------------- 7. BRIEF COMMENTS REGARDING NAMING OF CERTAIN COCONUT GROVE STREETS (SEE LABEL 16). ---------------------------------------------------------------------------------------------------------------- Mr. Ron Cold: Mr. Chairman? Chairman Hernandez: Hold on one second. We're going to be recessing until three o'clock. Commissioner Gort has told me he needs to leave by five -thirty. Hopefully, the agenda is very non -controversial and we'll be finished by five o'clock this afternoon. Gentlemen... Mr. Cold: Mr. Chairman, several of us have been here since nine o'clock for issue number 4. Some people have to go to work. Could you give us some guidance as to when we might hear that? It's issue number 4 in the public hearing. Chairman Hernandez: Issue... which one, item what? Mr. Cold: Item 4 in the public hearing. Chairman Hernandez: It will be at three, three -twenty, three -fifteen... three -fifteen, three -twenty. Mr. Cold: Thank you. Chairman Hernandez: OK, thank you. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:37 P.M. AND RECONVENED AT 3:06 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT VICE CHAIRMAN TEELE AND COMMISSIONER GORT, FOUND TO BE PRESENT. 65 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 8. (A) CONTINUE DISCUSSION ON SOURCES OF FUNDING FOR GUSMAN HALL -- PRESENT REPORT BY JANAURY 27, 1998 COMMISSION MEETING -- SEE LABEL 6. (B) DISCUSS EASING PARKING METER RESTRICTIONS IN DOWNTOWN DURING WEEKENDS. (C) DIRECT OFF STREET PARKING DEPARTMENT TO CONSULT FIRST WITH LATIN CHAMBER OF COMMERCE (CAMACOL) PROPOSED STREET CLOSURES AND PARKING METER RELAXATION IN LITTLE HAVANA -- SEE LABEL 11. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: ... that there are any funds that you can find, whether it's from Off- street Parking or otherwise, this Commission does not want Gusman to close. Now, I would ask you to please report back to this Commission on the 27th. I understand you have bookings there until the end of April. Mr. Clark Cook(Executive Director): End, of April, yes. sir. Commissioner Plummer: But, the money runs out the 31st of January. Mr. Cook: Basically, the one hundred and twenty-five thousand that we get from the Olympia Building Apartments will basically be expended by about... approximately... Commissioner Plummer: I am going to ask you to look... Mr. Manager, I am going to ask you to contact the Cultural Affairs Committee of the County, who have money for cultural affairs. I think that Gusman would qualify. Mr. Cook: Yes, they do. Commissioner Plummer: All I am saying to you is, we have got to try to keep it open until the end of this fiscal year, and try to find a source of income where it can be done. You know, I was born and raised in this town and that theater is as much a part of Miami, as I am. And, I don't want nobody closing in on me, I don't want anybody to close that theater. But, we have got to realize... I don't think for one minute that the Oversight Committee would allow this Commission just to give up fifty thousand dollars ($50,000) to subsidize it. If I was sitting on the Oversight, I wouldn't, OK. So, all I am saying to you is, that there has got to be some way, a legitimate way. Mr. Cook, you have helped this Commission before to find funds. I am going to ask you in this particular case to report back with the City Manager... to report back on the next Commission meeting to make every effort you can to get enough money to keep it open until the first of October to give us time to try to find a way, whether it's corporative sponsors downtown, or whatever it is or Sabines, Luis Sabines writes his personal check, I think we need to do that for the purposes of keeping it open. I thank you for being here. I just wanted you to know. Commissioner Regalado: Clark. Commissioner Plummer: I also want my colleagues to know, there is a move afoot in the downtown area. I am not sure that I really wanted to be the Commission of downtown, because I am getting it all. There is a move afoot, and I have talked to Mr. Cook about the possibility of easing the restrictions... no, easing the meters on Friday night, Saturday and Sunday. It's not an easy thing to do. 66 January 13, 1998 Commissioner Regalado: J.L. Commissioner Plummer: But, in lieu of the people taking up signatures, I think shows the interest and the demand of people in the downtown area who vitally need it for their businesses to have parking where people can go downtown. Unfortunately, we know they can go to outlying shopping centers, thousands of parking spaces and no cost, OK. I am saying to you, I think it's a good idea. Mr. Cook has assured me that he will contact the one that is taking up the petition and see if we can't come up with some kind of a relaxation to encourage people to go back downtown to shop. Mr. Cook: Thank you, sir. Commissioner Regalado: OK. Clark, don't go. Mr. Manager, we... I guess, we will be dealing with the pocket items later on. But, just to... so Clark is here and it relates to him in part. I will be bringing a pocket item later on regarding the street closures in Little Havana commericals, and the parking meter. Clark was very helpful several days ago when an adgency from New York just decided to rent 72 parking meters and the merchants of Southwest 8th Street were really shocked because they couldn't park. The purpose of this pocket item will be, Mr. Manager, and members of the Commission, that in the event that this will happen again, that you will consult with the Latin Chamber of Commerce, so you can work out... This is part with you, the rest is with the administration, but, so you hear. Mr. Cook: Yeah. Commissioner, as you well know, I work with the Latin Chamber a great deal with Mr. Sabines. The problem we had last year... Commissioner Regalado: No, I am just... Excuse me. I am... J.L., I just mentioned since he was here because... Mr. Cook: I'll talk very quickly to that. Commissioner Plummer: Well, let me just say to you, I spoke to Luis just before we started, and I have recommended to him and I will recommend to you. One of the ways that we were able to curtail abuse was through a Standing Festival Committee that meets here on a regular basis. What I would suggest to you is making the Chamber, CAMACOL, a festival committee with five members, and any application to close that street would have to be approved by them, or they could not come to this Commission. So, that's what I suggest. Commissioner Regalado: OK. That's fair. That's a good thing to do, but also, in that pocket item, I was including a mention of the parking meters because of what happened about three weeks. I mean, Clark immediately acted, but there is not much he could do at that time. Mr. Cook: I just want to be clear, what all three of you know, the event. This is a case where someone went out and got a signed permit in the City to close the streets. We reacted and made them pay because we couldn't use the meters, but the legislative addressment should be at getting the permit to close the streets, not the meters. I am always going to react because I am charged with the revenue from those meters. I will always react to get my bags on those meters where they can pay us. But, the legislative area has to be the granting of the permit. Thank you. Commissioner Plummer: Mr. Chairman, while we are waiting... 67 January 13, 1998 NOTE FOR THE RECORD: At this point, 3:14 p.m., Commissioner Gort entered the Chambers where the City Commission meeting was in progress. Commissioner Gort: Excuse me. Commissioner Plummer: I have two... Commissioner Gort: May I ask him a question, please? Sorry, I am late. How are you doing, sir? Commissioner Plummer: What's your name. Commissioner Gort: Please get back. Commissioner Plummer: Your name, please. Commissioner Gort: Commissioner Plummer. Commissioner Regalado: . Commissioner Gort: My understanding is, Ott -street Parking can utilize revenue as long as those revenues will provide additional parking. Mr. Cook: I am not sure I fully understood you. Miami Parking System can utilize revenue as long as it is parking related, yes, sir. Now the other one... Commissioner Gort: Correct. And to a creative end, and Gusman Hall, my understanding is, everytime we run into Gusman Hall, we utilize our parking spaces to render parking to those individuals. Mr. Cook: We rent parking to our clients at Gusman. Frankly, we get very little business from Gusman. Commissioner Gort: But we create... But, we do create municipal parking. Mr. Cook: Yes. Commissioner Gort: Thank you. Mr. Cook: You are welcome. END OF DISCUSSION -- NO ACTION TAKEN 68 January 13, 1998 ---------------------------------------------------------------------------------------------------------- 9. AUTHORIZE CITY MANAGER TO EXECUTE EASEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC. - FOR CONSTRUCTION / INSTALLATION / MAINTENANCE OF UNDERGROUND UTILITY EASEMENT CABLE ON WATSON ISLAND. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Chairman, while we are waiting, if you could... Chairman Hernandez: Go ahead. Commissioner Plummer: This is both for the Manager, and the first one is the problem on Venetian Causeway. When they started to build the bridge the first thing the contractor did was cut the cable. So, to keep out any problems. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD.] I so move. Commissioner Regalado: Second. Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 69 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-38 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT AGREEMENT AND PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BELLSOUTH TELECOMMUNICATIONS, INC. ("BELLSOUTH") FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF AN UNDERGROUND TELEPHONE CABLE AND RELATED APPURTENANCES UNDER AND THROUGH CITY OF MIAMI PROPERTY LOCATED ON WATSON ISLAND, SUBJECT TO CONSIDERATION BEING PAID TO THE CITY FOR SAID EASEMENT AND PERMIT; GRANTING TO BELLSOUTH EMERGENCY APPROVAL TO ENTER THE PROPERTY AND COMMENCE CONSTRUCTION OF THE TELEPHONE CABLE PRIOR TO SUCH EASEMENT AGREEMENT AND PERMIT BEING FULLY EXECUTED, SUBJECT TO AN INDEMNIFICATION AGREEMENT BY BELLSOUTH WHEREIN THEY AGREE TO: (1) INDEMNIFY AND HOLD THE CITY HARMLESS, (2) PROVIDE INSURANCE IN THE AMOUNTS AND TYPES ACCEPTABLE TO THE CITY MANAGER, (3) ACCEPT RESPONSIBILITY AND LIABILITY, INCLUDING FULL FINANCIAL RESPONSIBILITY, FOR ANY AND ALL ADDITIONAL WORK OR DELAYS CAUSED BY OR AS A RESULT OF THE BELLSOUTH FACILITIES BEING CONSTRUCTED SIMULTANEOUSLY WITH THE CITY'S CONSTRUCTION OF A SEWER LINE WHICH RUNS PARALLEL TO THE PROPOSED TELEPHONE CABLE, AND (4) OBTAIN THE CONCURRENCE OF PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. WITH RESPECT TO THE LOCATION OF SAID EASEMENT AND PERMIT. (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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 70 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 10. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "DCT / RET (FY 98) -- REFUGEE EMPLOYMENT AND TRAINING PROGRAM" -- APPROPRIATE $130,598 FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC). ------------------------------------------------------------------------------------------ Commissioner Plummer: The other one... Commissioner Regalado: Mr. Chairman, can I do then, my pocket item? Chairman Hernandez: Yeah, one second. Is that...? Commissioner Plummer: I got one more short one. Chairman Hernandez: Let him finish and I will move over here. Commissioner Regalado: Oh, OK. Commissioner Plummer: This one is for WAGES (Work And Gains Economic Self -Sufficiency. [AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC RECORD.] I so move. Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Commissioner Plummer: And, Mr. Chairman, just for your sake, this is money that was coming in from the WAGES which I was able to secure on behalf of the City of Miami. Mr. Walter J. Foeman (City Clerk): Excuse me, was that an emergency ordinance, Commissioner? Commissioner Plummer: It was an emergency. Mr. Foeman: We need two readings. Commissioner Plummer: All right. Chairman Hernandez: We need to read the ordinance. We read the ordinance. Commissioner Plummer: Read it. It just got to have two rolls. Chairman Hernandez: OK, just roll call. Mr. Foeman: I need to read... I need to have the roll call. Commissioner Plummer: Do it. 71 January 13, 1998 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DCF/RET (PY '98) - REFUGEE EMPLOYMENT AND TRAINING PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF THE PROGRAM IN THE AMOUNT OF $130,598 CONSISTING OF A DEPARTMENT OF CHILDREN AND FAMILIES GRANT AWARD THROUGH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SFETC FOR THIS PURPOSE CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner 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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11585. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. NOTE FOR THE RECORD: At this point, 3:18 p.m. Vice Chairman Teele entered the Commission Chambers. 72 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 11. CREATE LITTLE HAVANA STANDING FESTIVAL COMMITTEE - TO APPROVE PERMITS FOR STREET CLOSURES -- APPOINT LUIS SABINES / FRANK LOPEZ / ELOY APARICIO / JOSE MARBAN -- SEE LABEL 8C. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: OK, since we have Luis Sabines here, and thank you, Mr. Chairman for giving the opportunity of bringing this pocket item. And, this has to do with the merchants in the area of Little Havana that have suffered significant losses as a result of special events that required the closing of streets and leasing of parking meters in their area. So, by this pocket item we are directing the administration to create a Standing Festival for Little Havana, and this festival, five members. This Committee, five members will have to approve the permits to close the street. It will be, I guess, appointed by... Would this committee be appointed, Mister.... Commissioner Plummer: By this Commission. Commissioner Regalado: By this Commission. Commissioner Plummer: Yes, sir. Commissioner Regalado: So... Commissioner Plummer: But, the Chairman will be CAMACOL. Commissioner Gort: Let me give you a suggestion. Commissioner Regalado: All right. Commissioner Gort: Can we do this similar to what we have in Coconut Grove? Commissioner Plummer: Same, that's what it's patterned after. Commissioner Gort: Same as Coconut Grove. Commissioner Regalado: Same as Coconut Grove. Commissioner Gort: OK, so the revenues can be created, and the revenues can be spent back into the area? Commissioner Regalado: Yeah. Commissioner Plummer: Correct. Commissioner Gort: OK. Commissioner Regalado: OK, so we'll... Commissioner Plummer: I second the motion. 73 January 13, 1998 Commissioner Regalado: ...create... Wait a minute. So, there are five members here in this Commission. Commissioner Plummer: Mine will be Luis Sabines. That will take care of it. Commissioner Regalado: No, mine will be Luis Sabines. Commissioner Plummer: Mine will be whoever Luis designates. Commissioner Regalado: No, no, no. It's OK. No problem. Luis, Frank. I will appoint Frank and then the other members will appoint other members and that's that. Mr. Luis Sabines: [COMMENTS IN SPANISH] Commissioner Plummer: Don't feel bad. Chairman Hernandez: Luis... Mr. Manager, can you serve as the interpreter and let me...? Hold on a second. Luis... [COMMENTS IN SPANISH] Mr. Sabines: [COMMENTS MADE IN SPANISH] Commissioner Plummer: I'll translate. It's Luis Sabines, the President of CAMACOL. He wants to be able to have Southwest 8th Street, not closed every time somebody -- Hello? -- that somebody wants to close it which the merchants are dying because the merchants can't have customers coming to their store. We established a committee in Coconut Grove that in fact says, who, when and why, and where. They limit the number of times it can be closed, and that's what he's asking on behalf of the merchants on Southwest 8th Street. Commissioner Regalado: And, this Commission is creating this committee as of today. So, I so move, Mr. Chairman. Commissioner Plummer: I second. Chairman Hernandez: We have a motion by Commissioner Regalado, seconded by Commissioner Plummer, all those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 74 January 13, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-39 A RESOLUTION CREATING THE LITTLE HAVANA SPECIAL EVENTS ADVISORY COMMITTEE FOR A PERIOD NOT TO EXCEED ONE YEAR TO (1) REVIEW CERTAIN ISSUES CONCERNING SPECIAL EVENTS HELD IN LITTLE HAVANA AREA AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION RELATING TO REGULATIONS AND GUIDELINES FOR SUCH EVENTS; AND (2) ADVISE THE CITY COMMISSION CONCERNING THE CREATION OF A STANDING COMMITTEE FOR SUCH PURPOSE; FURTHER, APPOINTING MEMBERS TO SAID ADVISORY COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Hernandez: Is that it? Commissioner Regalado: Yeah. Chairman Hernandez: OK. Commissioner Regalado: But you need to appoint the... Chairman Hernandez: I just forgot the guy's last name. [COMMENTS IN SPANISH] Commissioner Gort: Eloy. Chairman Hernandez: Eloy Aparicio is going to be my appointment. Commissioner Regalado: And, I'll appoint Jose Marban. Commissioner Regalado: Vice Chairman Teele needs to appoint somebody. Commissioner Plummer: Mr. Chairman, there is a request that item four on the agenda, most of the people remaining here are on that item, and asked if for consideration if it could be brought up very quickly so they can all go home and take care of their kids that are coming home, even though they are seventy years of age, they got kids coming home. Chairman Hernandez: There is the... That's after these pocket items. That's the next issue. 75 January 13, 1998 Commissioner Plummer: That's fine, but... Chairman Hernandez: The first issue actually that we will be taking. Commissioner Plummer: Thank you. ---------------------------------------------------------------------------------------------------------------- 12. ACCEPT BID; WILLIAM LEHMAN BUICK -- FOR LEASING TWO VEHICLE (PARK AVENUE) -- ALLOCATE $22,154.72 FOR 36 MONTHS FROM ACCT. 503001.42905.6.610. Chairman Hernandez: OK. Willie, do you have any...? OK, I have two pocket items dealing with the leasing of vehicles. One is a resolution accepting the bid of William Lehman Buick, for one Buick Park Avenue. Commissioner Plummer: Second the motion. Chairman Hernandez: We have got a motion, we have got a second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 98-40 A RESOLUTION ACCEPTING THE BID OF WILLIAM LEHMAN BUICK FOR THE LEASING OF ONE (1) BUICK PARK AVENUE, ON A CONTRACT BASIS FOR THIRTY-SIX (36) MONTHS, WITH AN INITIAL FIRST YEAR COST OF $7,917.24 AND THEREAFTER $7,119.24 ANNUALLY, PAYABLE TO GMAC LEASING, FOR A TOTAL AMOUNT NOT TO EXCEED $22,154.72 FOR THE TERM OF THE LEASE PERIOD ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 503001.420905.6.6610; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. 76 January 13, 1998 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort Vice Chairman Arthur E. Teele, Jr. ---------------------------------------------------------------------------------------------------------------- 13. ACCEPT BID: FLAMINGO FORD -- FOR LEASING THREE VEHICLES (CROWN VICTORIA) -- ALLOCATE $43,471.44 FOR 24 MONTHS FROM ACCT. 503001.420905.6. 610. Chairman Hernandez: The second pocket item is, again in the leasing of three Ford Crown Victoria vehicles. Commissioner Plummer: Second the motion. Chairman Hernandez: We have got a motion and a second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 77 January 13, 1998 The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 98-41 A RESOLUTION ACCEPTING THE BID OF FLAMINGO FORD FOR THE LEASING OF THREE (3) CROWN VICTORIA VEHICLES, ON A CONTRACT BASIS FOR TWENTY-FOUR (24) MONTHS, AT A RATE OF $603.77 PER VEHICLE PER MONTH, FOR A TOTAL ANNUAL AMOUNT OF $21,735.72, PAYABLE TO FORD MOTOR CREDIT, FOR A TOTAL COST NOT TO EXCEED $43,471.44 FOR THE TERM OF THE LEASE PERIOD; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 503001.420905.6.610; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort Vice Chairman Arthur E. Teele, Jr. ---------------------------------------------------------------------------------------------------------------- 14. ACCEPT BID: TAMIAMI AUTOMOTIVE GROUP -- FOR LEASING OF FIVE JEEPS FOR CITY OFFICIALS -- ALLOCATE $115,832.10 FROM ACCT. 503001.420905.6. 610. Commissioner Plummer: Mister... If I may? I deferred the one in the morning, item 12. They have come and explained it to me. I would like to now, on Consent Agenda move item 12. Chairman Hernandez: We have a motion... Commissioner Regalado: Second. Second. Chairman Hernandez: ... for Consent Agenda number 12, second by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? 78 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-42 A RESOLUTION ACCEPTING THE BID OF TAMIAMI AUTOMOTIVE GROUP FOR THE LEASING OF FIVE (5) NEW JEEP/GRAND CHEROKEE VEHICLES TO BE USED BY CITY OFFICIALS, ON A CONTRACT BASIS FOR THIRTY-SIX (36) MONTHS, WITH AN INITIAL FIRST YEAR COST OF $8,806.02 PER VEHICLE AND THEREAFTER $7,180.20/ANNUALLY PER VEHICLE, FOR A TOTAL LEASE AMOUNT OF $115,832.10 FOR THE FIVE (5) VEHICLES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 503001.420905.6.610; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. --------------------------------------------------------------------------------------------------------------- 15. ALLOCATE $191,667 FROM "DADE COUNTY EMS GRANT AWARD FY '96-97" FOR PAYMENT OF DADE COUNTY EMERGENCY MEDICAL SERVICE (EMS) GRANT AWARD PROGRAM. Commissioner Plummer: Mr. Chairman, also I deferred 21. They finally brought me the back- up material and I have no objections. I will move item 21. Chairman Hernandez: That's Consent Agenda, correct? Commissioner Plummer: Yes, sir. Also. Chairman Hernandez: On Consent Agenda 21, we have a motion by Commissioner Plummer, second by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 79 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-43 A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $191,667.00, FROM THE SPECIAL REVENUE FUND ENTITLED "DADE COUNTY EMS GRANT AWARD (FY'96-97)", PROJECT NO. 104012, FOR PAYMENT OF ADMINISTRATIVE AND OPERATIONAL COSTS OF THE DADE COUNTY EMERGENCY MEDICAL SERVICE ("EMS") GRANTS AWARD PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. ---------------------------------------------------------------------------------------------------------------- 16. (A) BRIEF COMMENTS ON STANDING FESTIVAL COMMITTEES IN LITTLE HAVANA, COCONUT GROVE AND OVERTOWN. (B) DENY REQUEST TO RENAME STREETS IN NORTH COCONUT GROVE: WASHINGTON / JEFFERSON / LINCOLN AVENUE. (SEE LABEL 7). ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: We move on to... Vice Chairman Teele, do you have any pocket items? Vice Chairman Teele: Yes, sir. But, I would like to just hold them if I could. Chairman Hernandez: OK. Vice Chairman Teele: Did you all take up the Standing Committee on 8th Street? Commissioner Plummer: Yes. Commissioner Regalado: Yeah. Yeah, we just did. We just need your appointment. Commissioner Plummer: You need to make an appointment. Chairman Hernandez: We appointed four people and it's your appointment or make any comments that you would like to make. 80 January 13, 1998 Vice Chairman Teele: Well, at the appropriate time, I would like to create the same thing for Overtown. Commissioner Plummer: Chairman Teele, just so, and eh, Vice Chairman Teele, just so you know, I suggest it to them and I'll suggest to you, we have a very successful Standing Festival Committee for Coconut Grove, and you might want to pattern after it. Vice Chairman Teele: Yes, sir. Thank you. Chairman Hernandez: OK, item number four on the agenda. Mr. James (Jim) Kay (Director/Public Works): Mr. Chairman, members of the City Commission. Last month on October 14th, last month, the last year on October 14th, a resident in the North Coconut Grove area presented a petition for the renaming of three streets in Coconut Grove. They were Jefferson, Washington and Lincoln. At that time, you asked us to have a public hearing at the first meeting in January, so that this item could be discussed. Since that time, we have sent out notices to various property owners who would be affected, that was 105 owners. And, we have gotten some feedback from that neighborhood. We also received a petition in opposition to the renaming of the streets. If you will give me just a minute, I will read off the numbers. The original petition presented in favor of the streets, in favor of the... excuse me, name change, and this was from the affected owners living on those streets, was 29. After that we received signatures from 76 people that were opposed to the renaming of the street. Those people were directly affected on that change, they lived on those streets. Out of that 76, 16 people in that 76 count had signed the original petition. So, I don't know of how you count that, if they reversed themselves or what? But, those are the numbers. Just some added information, should you adopt this proposal, there is a bill of about twenty-five hundred dollars ($2,500) to change the names of the streets, and the Clerk would have to notify the Post Office and other agencies of this change. One other thing, the Building and Zoning Department said that there would be a negative impact on this change because some of the avenues were declared as streets, and the streets, avenues. The Fire Department commented that there would be no effect in its operations as a result of this change. Public Works has a neutral position on this item. Commissioner Plummer: Huh. Mr. David Freed: Good afternoon, Commissioners. My name is David Freed. I live at 3055 Washington Street, and in December when I received this notice about the... Commissioner Plummer: Excuse me, sir. Mr. Freed: Yes. Commissioner Plummer: It would seem like to me, the first one we should hear from is the proponent. Is the proponent here? Is the proponent here? I move to deny the request. [APPLAUSE] Commissioner Gort: Second. Move to deny the request. The majority of the neighbors don't want them. Commissioner Plummer: The proponent is not here. Chairman Hernandez: Well... Commissioner Plummer: If they are not interested, I am not. 81 January 13, 1998 Chairman Hernandez: I have under... Well, the information that was given to me that this one lady that has brought this before the City, right? Is that it? Commissioner Plummer: She is not here. Mr. Kay: I believe a Ms. Melahn brought it before the committee. She had... Again, she had 29 people who signed it in favor at that time. Chairman Hernandez: This is in reference to the changing of three avenues in Coconut Grove. Commissioner Gort: My understanding is, we instructed the staff to do a... get together with the neighborhood and talk to them. The majority of the neighbors do not want the change of the streets. That's why I second the motion. Mr. Freed: She doesn't even live in our neighborhood. Commissioner Plummer: Don't talk when you are ahead of the game. Chairman Hernandez: We have a motion by Commissioner Plummer, second by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. [APPLAUSE] The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-44 A MOTION TO DENY REQUEST MADE BY MS. MARTHA MELAHN IN CONNECTION WITH THE PROPOSED RENAMING OF SEVERAL COCONUT GROVE STREETS, NAMELY WASHINGTON STREET, JEFFERSON STREET AND LINCOLN AVENUE TO ANDROS STREET, CHEROKEE STREET AND ICHA TIGERTAIL, RESPECTIVELY. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 82 January 13, 1998 NOTE FOR THE RECORD: At this point, the City Commission unanimously approved the minutes of October 14, 1997. A motion was made by Vice Chairman Teele and Seconded by Commissioner Plummer. Chairman Hernandez: Before we move on, just a little housekeeping measure. We need to approve the minutes of the regular meeting of October 14, 1997. Is there a motion? Vice Chairman Teele: So moved. Commissioner Plummer: Second. Chairman Hernandez: Moved by Commissioner... Vice Chairman Teele, second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. ---------------------------------------------------------------------------------------------------------------- 17. RATIFY / APPROVE / CONFIRM SOLE SOURCE -- WAIVE COMPETITIVE BIDS -- FOR ACQUISITION OF HARDWARE AND RENEWAL OF SOFTWARE LICENSE FOR UNIGATE SYSTEM FROM DYNAMIC SOLUTIONS INTERNATIONAL -- ALLOCATE $10,000 FROM POLICE ACCT. 001000.290201.6. 670. --------- ------------------------------------------------------------------------------------------------------ Chairman Hernandez: OK, before we move on to item number five, this is a... Commissioner Plummer: We haven't done two. Chairman Hernandez: Hold on a second. Two, you are right. When we are through three. Commissioner Plummer: Who withdrew two? Chairman Hernandez: No, we have two. Commissioner Plummer: I move it. Chairman Hernandez: We got a motion on item number two by Commissioner Plummer, is there a second? Commissioner Gort: Second. Chairman Hernandez: Second by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote. 83 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-45 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF CONTINUED MAINTENANCE OF THE HARDWARE, AND RENEWAL OF THE SOFTWARE LICENSE, FOR THE UNIGATE SYSTEM FROM DYNAMIC SOLUTIONS INTERNATIONAL (DSI), AT A TOTAL PROPOSED ANNUAL COST NOT TO EXCEED $10,000.00, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND SAID SERVICE FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR THE DEPARTMENT OF POLICE;' ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE NO. 001000.290201.6.670; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THESE SERVICES, AND INSTRUCTING THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 18. URGE MIAMI CAPITAL DEVELOPMENT CORPORATION TO ALLOW MR. CAPOTE TO RESOLVE LEGAL PROBLEMS REGARDING TEATRO MARTI LOAN -- POTENTIAL FORECLOSURE PROCEEDINGS BY MIAMI CAPITAL -- FURTHER INSTRUCT CITY MANAGER TO PLACE ITEM FOR DISCUSSION ON THE AGENDA FOR FEBRUARY 24, 1998. Chairman Hernandez: Before we move on to item number five. Since the rest of the people that are here are basically on the issue of... It's a pocket item really, it's a discussion item based on the fact that we are under foreclosure proceedings. A gentleman by the name of Mr. Capote here and Miami Capital is here also, to discuss this item, reference the status on the foreclosure and what he wants to bring before us today. Is Miami Capital here? 84 January 13, 1998 Commissioner Regalado: Yes, he is. I saw him outside, so he should be here. Commissioner Plummer: Is a representative of Miami Capital present? Mr. Cesar Phillips: Yes, I am here. Commissioner Gort: You are on. Chairman Hernandez: Sir, please state your name and address. Mr. Phillips: Give me one second here. Cesar Phillips, Executive Director of Miami Capital, Dupont Plaza Office Building. Chairman Hernandez: Mr. Phillips, can you tell us basically the status of this case, where we are, if you have any information for us? Mr. Phillips: Basically, on this case that we have here, we have 1830 Enterprises doing business as Teatro Marti. The circumstances we are in right now, you have before you on the first page showing the outstanding balance. The principal balance on this loan is three hundred and eighty- nine thousand seven hundred and eighty-six dollars and eighty-nine cents ($389,786.89.) You have accumulated interest from 10/1/95 through 11/24/97 of one hundred and fifty-two thousand nine hundred and eighty-eight dollars and sixty-five cents ($152,988.65). And, you can see that the total principal and interest is five hundred and forty-two dollars ($542), five hundred and forty-two thousand dollars seven hundred and seventy-five and fifty-four cents ($542,775.54). You see the Attorney's fees and the property taxes. There is a... It's very important for you to turn at the second page and look at the property taxes. With the property taxes, we have a problem. If you look at the bottom portfolio number where there is twelve hundred dollars and sixty cents ($1,200.60) due, there is a tax deed which has been issued which we need to redeem by March, otherwise, the property could be taken for that amount. You can see that the total amount of taxes as we have outlined there is twenty-three thousand two hundred and thirty-six dollars and seventeen cents ($23,236.17). What's important to note here is the fact that we have attempted to work with the client, number one, and the client has not come forth to work out the situation. And, I think, more importantly here to note to you, is that you have on page number five, you will see a motion or resolution from the City of Miami, Motion number 97-27, which is dated January 16, 1997. At that point, what the City Commission directed the... our client to do, was to pay the back property taxes and also take care of some financial obligations. To this date, this has not been taken care of, and so as a result, we were told that if it was not taken care of in 30 days back in January of 1997, that we could foreclose. As you can see, we have been very lenient, we have tried to work with the client and so, therefore, as of today, our attorneys were in court to get a summary judgment and I have those documents attached. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, let me... This matter is here for what reason? Chairman Hernandez: Well, basically, as I have it, my understanding is, that we are in foreclosure proceedings, you are about to foreclose on this property, correct? Mr. Phillips: Yes. We received a summary judgment today. Chairman Hernandez: OK, that's where we are at. The gentleman that is before us, who is the owner of the theater has been the owner for in excess of 20 years. Basically, is here to see if we can render some assistance, so he... 85 January 13, 1998 Vice Chairman Teele: Is this City money, Mr. Chairman, or is this Federal money? Chairman Hernandez: Miami Capital monies, which is Federal monies. Mr. Phillips: Yes, it's CDBG (Community Development Block Grant) funds. Vice Chairman Teele: Well, I tell you. You all call me when you're finished. Chairman Hernandez: Basically, what is Miami Capital recommending at this point in time? Mr. Phillips: Well, for us to proceed with the procedures of foreclosure. As you know, we ultimately have to respond to HUD (Department of Housing and Urban Development), which the City has to do. We are required on the contract from you and from HUD to exercise due diligence. And, as you can see, the problem we have is that this loan is past due from more than two years. Chairman Hernandez: Let me just to brief all of you here, what the Mayor has... the information the Mayor has passed on to me as of last week. He wanted to, in order to throw a lifeline to this gentleman was, he wanted to move the East Little Havana NET (Neighborhood Enhancement Team), he was going to recommend that the East Little Havana NET be moved into this building. That the City of Miami rent the office space from the gentleman and from there on end, I really don't know what the other part of the plan is because... How much are his payments monthly? Mr. Phillips: Twenty-seven hundred dollars ($2,700). Chairman Hernandez: OK. Do you want to speak, sir? Commissioner Gort: Mr. Chairman. Mr. Phillips: Mr. Chairman, let me make one comment to you so you will be fully aware. In addition to, on the first page, if you look at the very last page that I have given you there, dated September 3, 1997, you have Code Enforcement liens from the City of Miami in the amount of five hundred and sixty-four thousand dollars ($564,000). Commissioner Plummer: Huh. Chairman Hernandez: No, the property is obviously... Mr. Phillips: And, I am saying this painstakingly so you will understand. The original loan which was made in 1991 for two hundred thousand dollars ($200,000) was really for... to have code violations taken care of, OK. Now, I don't know, there may have been some problem between the applicant and the Fire Department, but you can see the list of items on the left hand side of the page there, of things that needed to be corrected. Here we stand in 1995, and we have a lot of those issues. You know, it is not very easy... because we have really tried to help the applicant, OK. And, but, we still have to do, we have to do as it relates to HUD and with the City. Chairman Hernandez: Mr. Phillips, let me ask you a question. What is in your best estimation if you have done some kind of comparables, what is the value of this property? Mr. Phillips: We had an appraisal done last year and the appraisal came back at four hundred and seventy-two thousand dollars ($472,000). 86 January 13, 1998 Chairman Hernandez: So, he's under the value of the property, what he owes at this point in time, right? Mr. Phillips: Yes, sir. Chairman Hernandez: Commissioner Gort. Commissioner Gort: My understanding was that a letter was presented, I never received a copy of the letter, that someone was interested in purchasing the property, and I don't know if you ever got a copy of it or...? Mr. Phillips: No, I have not seen an official letter from anyone. Mr. Capote showed me a letter he had in his wallet yesterday of someone that may have expressed some interest. Commissioner Gort: Nothing confirmed? Mr. Phillips: No, I didn't see any real commitment and he could address that. Commissioner Gort: You have analyzed this loan and you have worked with it a long time, what's the cash flow you think is necessary, monthly cash flow, in order to comply with the debt services? Mr. Phillips: Well, in order to comply with the debt services, he is going to need in excess of twenty-seven hundred dollars ($2,700) automatically. But... Commissioner Gort: But, that's just for the loan. Mr. Phillips: Correct, that's just for the debt service. Commissioner Gort: OK. And, he would still have to take care of the taxes and all the other things? Mr. Phillips: Correct. OK. Commissioner Plummer: Well, let me ask a question, maybe you are not the one to answer it. I have consistently voted no, and probably will do today, but I have to have a feeling. Is the violations which I look at here, seventeen in number, are they safety in nature and if so, have they been corrected? Because, that to me is more important than money. It's more important than anything, that that is not an unsafe scenario that somebody could lose their life in. So, I don't know whether you answer that or the Building Department answers that, or who answers that. What does this tell me? Oh, I got this here. No, my... Hello, I mean, I am calling collect. All I am asking is... Commissioner Gort: Nobody wants to pay your calls... Commissioner Plummer: There is 17 items here, they might have all been corrected. I don't know. My only concern is, that it is not an unsafe structure, that if he is allowed to continue that the danger has been eliminated. Fire Chief Gimenez: Well, the... as far as I know, and Chief Wheeler, the Fire Marshall has been working on this structure for quite a bit of time, is that we have worked with him, tried to give him extensions, et cetera, but we need these violations corrected. 87 January 13, 1998 Commissioner Plummer: My question is, have they been or they not? Fire Chief Gimenez: As far as I know, no, sir, they have not been corrected. Commissioner Plummer: Well, this was... OK. That's what I needed to know. Chairman Hernandez: What's the will of the Commission? Commissioner Plummer: What is he really asking? Chairman Hernandez: We are in a... Commissioner Gort: Let's hear from them, I understand they are supposed to have some kind of a plan that they have put together from upstairs. Chairman Hernandez: Joe, are you going to speak? Commissioner Gort: You have to explain to him what is going on. Mr. Ernesto Capote: [COMMENTS IN SPANISH] Chairman Hernandez: Will you interpret for him? Commissioner Regalado: Yeah, I'll do it. I'll do it. Chairman Hernandez: OK, go ahead. Mr. Capote: [COMMENTS IN SPANISH TRANSLATED IN ENGLISH BY COMMISSIONER REGALADO] I have been 31 years in Teatro Marti. It is true that I am behind in the Federal taxes. I asked first for a loan to the City so I can pay off the bank where I had the mortgage. It was Inter -American Bank. The loan was one percent of what New York was calling at that time, it was 12, then I had to pay 13 percent. Things were going well for me and I did pay, make payments in a normal way. In 31 years I never had to call or the Police or Fire went to my building because I never had a problem. I was forced to put, install sprinklers in the building... to do some remodeling in the building. Those two hundred thousand dollars ($200,000) that were needed for the repairs were never in my hand. Miami Capital was the one that paid directly to the contractor that did the work. An engineer from the City of Miami recommended a company which I hired to do the work. That company did not finish the work and we had to find another... He wanted fifteen thousand dollars ($15,000) more and we had to find another company. That contractor did not pay the construction materials, and, then, Miami Capital had to reimburse sixteen thousand dollars ($16,000) to pay those construction materials. That person had some regulations and he had to pay union wages because it was Federal money and he had to go by the book. He said that the workers were underpaid and the inspector went once and never came back. [COMMENTS IN SPANISH] OK, Commissioner Gort [COMMENTS IN SPANISH] Commissioner Gort: My understanding is, he was going to come here today with a plan to present to us to be approved by us. He was going to come here today with a plan to present to us here. But, he was going to be able to pay his debts and all that. Mr. Capote: [COMMENTS IN SPANISH TRANSLATED IN ENGLISH BY Commissioner Regalado]: His plan is, excuse me. His plan is that the Mayor had suggested that he would recommend that the NET, the East Little Havana NET, will be moving to his office space and that a new lease will be done with the restaurant that he has in the corner. Those two sources of 88 January 13, 1998 revenues will go directly to Miami Capital and he would not touch one single cent. OK, and I am willing to make a commitment with adding to those two sources of income that would go directly to Miami Capital with some income from the different theaters that he has in his building. Chairman Hernandez: OK. Let's do this. Mr. Phillips, if you can live with this? You already have a summary judgment, correct? Mr. Phillips: Yeah, I was checking with the attorneys and they will let me know in a couple minutes, here. Chairman Hernandez: Then, you will be going for a final judgment of foreclosure? Mr. Phillips: Well, I mean, that's up to us when we decide that. Chairman Hernandez: Correct. Mr. Phillips: I mean, we have some days for that. Chairman Hernandez: This is what I would like to propose, with the permission of Commissioner Gort. Let's give him 30 days to come up with a plan. Commissioner Gort will review the plan, bring it back to us and we will discuss it here. I... No, I'll help you, I will help you out, it's in my district. It's in the heart of my district, but I mean... Let me tell you what... I am only, I am going to pass on what I was told. There were two issues on this. Number one, that the Mayor wanted to pass the East Little Havana to his building and number two, that you were going to review a plan that he was going to present. Commissioner Gort: Also, now the... the Manager will go over. Chairman Hernandez: OK. Commissioner Gort: But, he has got to come up with a plan that is feasible and he has to understand. Chairman Hernandez: Right. I will explain that. Mr. Phillips, you go ahead and proceed with what you have to do legally, short of a foreclosure sale, give him 30 days to come up with a plan. He will sit down with Commissioner Gort and the Manager, let's see if we can work it out, and if not then, I guess you have to proceed accordingly. Mr. Phillips: OK, let me mention something to you, I think that's important. He needs to also renew his corporate status with the State of Florida. It has been non -valid since August of 1995. You see, in effect, we can't deal with a dead corporation. Commissioner Plummer: No, I do that. Mr. Phillips: No, I am just... I understand, but you know... Commissioner Gort: We will let J.L. deal with that part. Mr. Phillips: You see, in talking to you, what we tried to do, we advised the client and his attorney of this the other day, and you know, because we try and work with people. But, there are issues that they really need to work out... Commissioner Gort: Then, let him know. 89 January 13, 1998 Mr. Phillips: ... and if you look at one of the proceedings there it says "a dissolved corporation in the State of Florida." OK. Commissioner Gort: Let him know about the corporation, that he needs to put it up-to-date. Chairman Hernandez: Senor Capote. I am going to say it in English, Tomas, number one, he needs to bring his corporation up-to-date. It is administratively dissolved right now, for the last two years. Commissioner Regalado: [COMMENTS IN SPANISH] Mr. Capote: All right. Mr. Phillips: OK. Commissioner Gort: In 1995. Chairman Hernandez: In 19... That doesn't exist anymore. Commissioner Gort: Ninety-five or...? Chairman Hernandez: After three years, it's kaputz. Mr. Phillips: August 25th is the date. Chairman Hernandez: What's that. Mr. Phillips: August 25, 1995 was the date it expired. Chairman Hernandez: Oh, '95, right, two years. Mr. Phillips: Correct. Chairman Hernandez: OK, so he... Commissioner Plummer: I want to tell you this City Commission has come full circle. Chairman Hernandez: Yeah. Commissioner Plummer: One Latino translating for another one. Chairman Hernandez: Tell... Commissioner Regalado, we are giving him 30 days... Commissioner Plummer: Full circle. Chairman Hernandez: ... to come up with a plan, to sit down with Commissioner Gort and the Manager. Commissioner Plummer: Willie, make sure there is code violations. Commissioner Regalado: [COMMENTS IN SPANISH TO MR. CAPOTE.] Commissioner Plummer: I just told him the code violations. 90 January 13, 1998 Commissioner Regalado: [COMMENTS IN SPANISH TO MR. CAPOTE.] [APPLAUSE] Mr. Phillips: You... The final thing. Chairman Hernandez: Yes, Mr. Phillips. Mr. Phillips: Just... he needs to deal with the code liens, OK. Commissioner Plummer: Absolutely. Mr. Phillips: Very, very important. Commissioner Plummer: Absolutely. Chairman Hernandez: The code violations, fire violations. Commissioner Regalado: [COMMENTS TO MR. CAPOTE IN SPANISH] Mr. Capote: [COMMENTS IN SPANISH] Commissioner Regalado: [TRANSLATING FOR MR. CAPOTE.] He's working with the Fire Department. OK, OK, he is going to work with them. Chairman Hernandez: Right. Mr. Manager, let's put this for a specific date to report back as a discussion item on February 24th, I believe we have a Commission meeting, correct? Mr. Garcia -Pedrosa: You mean the second meeting in February. Chairman Hernandez: The second meeting in February. And, I would like to discuss the issue with you also as to the relocation, the logistics of that. I don't know if I am too in favor of that, myself. Commissioner Plummer: Yeah, at eight thousand a month. Chairman Hernandez: Yeah. All right. Mr. Phillips: OK. Thank you. Chairman Hernandez: Item number... Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Chair, you need a motion on that. Commissioner Regalado: All right, I move a motion... Commissioner Plummer: You don't need a motion. Commissioner Regalado: Do we need a motion or just...? Commissioner Plummer: No, no, you don't need a motion. Commissioner Regalado: OK. 91 January 13, 1998 Commissioner Plummer: Now what? Commissioner Regalado: [COMMENTS IN SPANISH] Mr. Capote: [COMMENTS IN SPANISH] Chairman Hernandez: [COMMENTS IN SPANISH] Let me... We have passed... Mr. Luis Sabines: [COMMENTS IN SPANISH]. Commissioner Plummer: Tranquilo, Tranquilo, Tranquilo. No, chico. Mr. Jones: Mr. Chair. Chairman Hernandez: Hold on, please. A little control. City Attorney. Mr. Jones: I have been... Yes, Mr. Chair, I have been advised by Mr. Phillips that they did obtain a motion for summary judgment. The reason I had asked you for a motion so that, I mean, and in years passed I can tell you that unless it's clear in the record what you have... what your intent was, it gets... it becomes askew, so that's why I asked you for a motion on it so the record would be clear. Chairman Hernandez: OK. Commissioner Regalado: Then, I so move. Oh, you... Chairman Hernandez: The motion is to give... My motion is to give 30 days in which Mr. Capote can come up with a plan and bring it before the City Commission on February 24th so we can vote on what issue... on what we are going to do on this issue and then give him... you can proceed, the legal proceeding short of foreclosure sale. Mr. Phillips: OK. Chairman Hernandez: OK? Commissioner Regalado: Second. Chairman Hernandez: That's my... Mr. Phillips: Correct. We discussed that already. Commissioner Plummer: Let me as a question, if I may? Is the place closed? Commissioner Regalado: No. Chairman Hernandez: No. Commissioner Plummer: Are we not concerned about the code safety violations with the place being opened? Chairman Hernandez: That's up to the Fire Department. They are the ones that got to decide that. 92 January 13, 1998 Commissioner Plummer: Well, no, it's not up to them, because if we are going to give them an extension of time, we can, I think, and I am not a lawyer. Chairman Hernandez: Well, where is the...? Commissioner Plummer: We can damn near be liable for allowing the place to remain open. Commissioner Regalado: J.L. J.L., what he said is two different things. Chairman Hernandez: Chief Wheeler. Commissioner Regalado: He has 30 days... Commissioner Plummer: OK, look... Commissioner Regalado: He said he is working now with the Fire Department. He needs to install lights for the people to walk on the walkways. Commissioner Plummer: OK, all I am saying is that you can't ask any of us and for sure me, that if there are safety hazards that are a problem to allow that to continue. Commissioner Regalado: They are not safety related. Commissioner Plummer: That's what I asked the Fire Chief, so, you know. Look, I have consistently voted against it. If in fact, the motion is to allow him to come back with a plan within 30 days, I have no problem with that. Chairman Hernandez: That's it. Commissioner Regalado: That is the motion. Commissioner Plummer: But, that's all the motion does. Chairman Hernandez: That's it. Commissioner Regalado: That is the motion. That is the motion. Commissioner Plummer: It doesn't give any money. It's doesn't forgive any indebtedness. Chairman Hernandez: No. Commissioner Plummer: I can vote for a plan. Chairman Hernandez: That's all it is. Commissioner Regalado: Second. Chairman Hernandez: We have got a motion, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Plummer: Who made the motion, me? Did I make the motion? 93 January 13, 1998 Chairman Hernandez: Yeah, you made the motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-46 A MOTION RELATED TO TEATRO MARTI, INSTRUCTING THE CITY MANAGER TO RECOMMENDED TO THE EXECUTIVE DIRECTOR OF MIAMI CAPITAL DEVELOPMENT CORPORATION INC. (HEREINAFTER REFERRED TO AS MIAMI CAPITAL) TO GIVE MR. CAPOTE 30 DAYS TO COME UP WITH A PLAN TO ADDRESS PROBLEMS WITH LOAN THAT THE COMMISSION CAN REVIEW AND ACT UPON; FURTHER INSTRUCTING THE MANAGER TO RECOMMEND TO THE EXECUTIVE DIRECTOR OF MIAMI CAPITAL TO PURSUE LEGAL PROCEEDINGS SHORT OF FORECLOSURE; FURTHER RECOMMENDING THAT MR. CAPOTE ALSO UPDATE HIS CORPORATE STATUS WITH THE STATE OF FLORIDA AS WELL AS ADDRESS THE FIRE CODE VIOLATIONS IN THE BUILDING; FURTHER INSTRUCTING THE MANAGER TO RESCHEDULE SAID ISSUE ON THE AGENDA FOR FEBRUARY 24, 1998. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Hernandez: Before we go on to item number five, just... We need a motion approving the minutes of the Special Commission Meeting. Commissioner Plummer: I moved it before. Chairman Hernandez: No, Special Commission meeting of November 14th.... Commissioner Plummer: I move it. Chairman Hernandez: ... and December 23rd. Commissioner Plummer: I move it. Commissioner Gort: Second. Chairman Hernandez: Motion by Commissioner Plummer second by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote. 94 January 13, 1998 NOTE FOR THE RECORD: The Commission approved the minutes of November 14th and December 23rd. A motion was made by Commissioner Plummer and seconded by Commissioner Gort (Vice Chairman Teele was absent). ---------------------------------------------------------------------------------------------------------------- 19. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE EMERGENCY AWARD OR CONTRACT TO D.E. GIDI AND ASSOCIATES FOR CITY HALL IMPROVEMENTS, 13- 6281 PROJECT -- ALLOCATE $97,999 FROM CIP PROJECT 331016. Chairman Hernandez: Item number five. Commissioner Regalado: Mr. Chairman. Chairman Hernandez: Yes. Chairman Hernandez: You need to advise Vice Chairman Teele. He said to call him when we... Chairman Hernandez: Vice Chairman Teele. If somebody could get him for me. Commissioner Plummer: Oye, oye. Chairman Hernandez: Item number... Commissioner Regalado: Jim... Chairman Hernandez: Item number five. Commissioner Regalado: Jim. Commissioner Plummer: Move it. Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by Commissioner Gort. Discussion. Mr. Jin Kay (Director, Public Works): OK, this is a public hearing, I would like to remind you. Plus, I would like to just point out that in the body of the resolution and the heading of the resolution, the CIP number, Capital Improvement number needs to be corrected to read 311016. For the record. Commissioner Plummer: Let's go. Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. 95 January 13, 1998 Chairman Hernandez: Unanimous vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-47 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY AWARD OF A CONTRACT TO D. E. GIDI AND ASSOCIATES, FOR THE PROJECT ENTITLED 'CITY HALL IMPROVEMENTS, B-6281" AND RELATED WORK IN THE AMOUNT OF $70,999. FOR THE BASE BID AND ADDITIONAL RELATED WORK IN THE AMOUNT OF $27,000, FOR A TOTAL OF $97,999; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 311016; FURTHER, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. ---------------------------------------------------------------------------------------------------------------- 20. EMERGENCY ORDINANCE: AMEND CIP ORDINANCE TO ESTABLISH NEW PROJECTS; SOUTH FLORIDA URBAN SEARCH AND RESCUE PROGRAM AND FEMA-USAR /GRANT PROGRAM. Commissioner Plummer: I move item six. Chairman Hernandez: Item number six. Commissioner Gort: Second under discussion. Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Gort. Discussion. Commissioner Gort: Is this going to be used to buy equipment or training? Mr. Maurice Kemp (Fire Department): This will be used for equipment, sir. 96 January 13, 1998 Commissioner Gort: For equipment? Mr. Kemp: Yes, sir. Commissioner Gort: Thank you. Chairman Hernandez: All those in favor... Commissioner Plummer: No, no, it's an ordinance. Chairman Hernandez: OK, it's an ordinance. Read it. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE IN ITS ENTIRETY INTO THE PUBLIC RECORD.] Chairman Hernandez: Roll call. Mr. Walter J. Foeman (City Clerk): We need four -fifths. Commissioner Plummer: Oh, succatash. [phonetic] This is ridiculous. Can I vote twice? Oh, no, that's being investigated. No, I'm allowed, I am not dead. We always count absentee ballots at the funeral home. Let's go home. This day is a disaster. Eh, that's why I want to go home. Well, can be skip and go somewhere else? Chairman Hernandez: The rest is all emergency... Commissioner Plummer: It's not all... The rest of it is not an emergency, is it? Mr. A. Quinn Jones, III, Esq. (City Attorney): ... ordinances. Chairman Hernandez: OK, let's move on to... Commissioner Plummer: How about item nine? Wait a minute, here comes Tomas. Chairman Hernandez: Roll call. Mr. Foeman: Roll call, Commissioner Plummer. Commissioner Plummer: The next time before Tomas leaves the room he should ask permission. I vote yes. Commissioner Regalado: I did. 97 January 13, 1998 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION II, OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO ESTABLISH TWO (2) NEW CAPITAL IMPROVEMENT PROJECTS: "SOUTH FLORIDA URBAN SEARCH AND RESCUE PROGRAM", PROJECT NO. 313826, AND "FEMA/USAR GRANT PROGRAM", PROJECT NO. 313827, AND APPROPRIATING FUNDS FOR SAID PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner 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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11586. 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. 98 January 13, 1998 21. (A) EMERGENCY ORDINANCE: AMEND 11466 SRF "COPS UNIVERSAL HIRING" TO INCREASE APPROPRIATIONS BY $14,724,822 FROM U.S. DEPARTMENT OF JUSTICE GRANT FOR POLICE. (B) BRIEF COMMENTS REGARDING HIRING MORE PUBLIC SERVICE AIDES. Commissioner Plummer: I move seven. Chairman Hernandez: Motion on item seven. Commissioner Plummer: What seven is withdrawn? Commissioner Gort: I'll second the motion. No. Commissioner Plummer: Oh, seven, yeah. Commissioner Gort: But, I have a question for the Manager. Since, I am going to be getting a little bit of the responsibility of this, after the three years do we have this in our budget to continue this level of services? Commissioner Plummer: No. Police Chief Warshaw: Commissioner, this particular grant, unlike other federal hiring grants... hiring grant, the only commitment we have is to make a good faith effort to maintain these officers as opposed to a mandate, we have to. And, our intent is to make a good faith effort. Commissioner Gort: Okie-duke. [phonetic] Chairman Hernandez: It's a good faith effort to purchase automobiles and uniforms and all that kinds of stuff, is that what you mean? Or, what's a good faith...? Commissioner Plummer: No, not this. Police Chief Warshaw: We are talking about, in terms of keeping these 102 additional officers. So, if we keep them for a three year period, at the end of the three years, through attrition, we lose them because the City was not in a position to pay their salaries, then we are not in any violation of any federal... any federal mandates. Commissioner Gort: That's all I wanted to know. Chairman Hernandez: We have a motion by Commissioner Plummer, second by Commissioner Gort. All those in favor say "aye." Commissioner Plummer: No, it's an emergency ordinance. Chairman Hernandez: Read the ordinance. 99 January 13, 1998 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11466, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "COPS UNIVERSAL HIRING," THEREBY APPROPRIATING ADDITIONAL FUNDS, IN THE AMOUNT OF $14,724,822.00 CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner 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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. whPraupun thr CoMM14111 n tin mutton "f CamMlwwlunar 1.1wtnrnar ana wt►aunnnh "y Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11587. 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 Plummer: Mr. Chairman, I want to tell you, that as your Chairman of Public Safety, this year I am going to be pushing extremely hard for an additional up and above present, of 100 additional PSA's (Public Safety Aids) with a new cadre of names which basically are going to be report writers to relieve the policemen to do the work of enforcing the law and have these people who are going to be report writers do report which any police will announce that at least 60 percent of a policeman's time today is writing reports. We need to release the policemen to do police work. Hire more PSA's and let's do what we need to do. So, I will let you know now that I will be pushing extremely hard for that in the coming year's budget. 100 January 13, 1998 NOTE FOR THE RECORD: No one appeared in opposition to the item five. Chairman Hernandez: And, before we go on to item number eight, let the record reflect that in item number five, no one was here to oppose said item. ---------------------------------------------------------------------------------------------------------------- 22. EMERGENCY ORDINANCE: AMEND CODE SECTION 2-1013(a) AND (d)(1) TO INCREASE MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY TO 11 -- FURTHERMORE DESIGNATE MAYOR TO SERVE AS NON -VOTING CHAIRMAN WITH ELECTED COMMISSIONER TO SERVE FOR ONE YEAR. NOTE FOR THE RECORD: At this point, 4:02 p.m., Commissioner Teele entered the City Commission Meeting already in session. Chairman Hernandez: Item number eight. This is the ordinance that I am proposing increasing the size of the Sports and Exhibition Authority going back to its original number of 11 members, from five to eleven and amending Section 2-1013 of the code. The composition would be basically two members per Commissioner and the llth would be the Chairman which would be the Mayor of the City of Miami and or his designee. Commissioner Plummer: No, that's not correct. It would be an elected official, it could be a Commissioner. I am not saying that I would want it or anybody else wants it, but anyone of us could be the Chairman. I served as a year of Chairman, others have served as a year as Chairman and I think that that should be left opened. I would vote today to make the Mayor the Chairman... Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah. Commissioner Plummer: ... but I think it should be left open and flexible to where it could be anyone of the elected officials of the City of Miami. Mr. Jones: Well, Mr. Chair... Chairman Hernandez: Yes. Mr. Jones: Mister... Commissioner Plummer. Commissioner Plummer: Yes, sir. Mr. Jones: Two things. First of all, this Commission already has selected the Mayor as Chairperson of the newly constituted board. Commissioner Plummer: I tend to disagree with you. 101 January 13, 1998 Mr. Jones: Yeah, you took... Chairman Hernandez: No, we didn't. Commissioner Plummer: Mr. Teele happens to be serving in that capacity. Mr. Jones: I said of the newly constituted board. This Commission took a vote... Commissioner Plummer: Oh. Mr. Jones: ... that appointed the Mayor as Chairperson once the newly constituted board was in place. Commissioner Plummer: And, I have no problem with that. Mr. Jones: OK. Now, secondly, in response to what you were saying about keeping it open, the way this is written at the Chairperson's request is that it would allow flexibility in that the Mayor's appointee would not have to be an elected official, it could be other than an elected official. Commissioner Plummer: That's what I want to avoid. I think that that is a very vital board that should have an elected official as Chairman, and I have no qualms whatsoever of the Mayor serving in that capacity, and he should. But, I don't want the flexibility to be lost that a City Commissioner can't be the Chairman as it has been in the past. Chairman Hernandez: What about in...? What about the Mayor's designee having to be one of the elected officials? Commissioner Plummer: I have no problem with that. Chairman Hernandez: OK, so let's... I will amend the... my emergency ordinance... Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: ... - we are still under discussion, Vice Chairman -- to include, or the Mayor's designee which shall be... Mr. Jones: An elected official. Chairman Hernandez: ... an elected official of the City Commission. Vice Chairman Teele: Well... Chairman Hernandez: Must be an elected official. Vice Chairman Teele: Well... Mr. Jones: Elected official of the City of Miami. Chairman Hernandez: Correct. Go ahead, Vice Chairman. Vice Chairman Teele: Well, I think we ought to... I mean, I want to... I am going to support the Chairman's underlying trust to amend the ordinance. But, we need to, I think, think about what 102 January 13, 1998 we are doing. And, one of the problems with these emergency ordinances, and I have probably put forth as many emergency ordinances as anyone here, and for the record, as a County Commissioner in seven years, I think we approved two emergency ordinances, both of them related to Hurricane Andrew. I think the whole idea of emergency ordinances is something we really ought to take a look at. Because what happens in an emergency ordinance is we are doing the first reading and the second reading, there is no time to think about it, to gain public input, to gauge what we are doing in terms of just a thoughtful process and I think the Chairman has stated for three weeks now that he's going to do this, so I am clearly going to support the thrust of what the Chairman wants to do. But, at the same time, I think we got to be careful. Number one, I agree with Commissioner Plummer that I don't even know that the Mayor should be the Chairman, but we have already crossed that bridge and I have agreed to support the Chairman that in the case of MSEA (Miami Sports and Exhibition Authority), that we are prepared to delegate or to authorize the Mayor to be Chairman. I think it is a questionable decision anytime a governmental body gives up their authority. For example, you are not going to see the Speaker of the House designating the White House to do certain things. You know, we are a legislative branch, the Mayor is an executive branch. And, there needs to be some very clear and very real distinctions as we transition from this Mayor that was a legislator to a Mayor that is an executive. And, other than making a salary, I mean, there are some very real differences that are contemplated in our form of governments. The question is, does the Mayor vote or does the Mayor not vote? I don't know what the majority of the Commission thinks on that, but I really do think that that's something we need to consider separately. Commissioner Regalado: I think that, Mr. Vice Chairman, if I may? I think that the Mayor should not vote. The Mayor does not vote here and it would be a little awkward... Commissioner Plummer: Then you have got a problem. Commissioner Regalado: ... that the Mayor will be a voter. Commissioner Plummer: Then, if you got a 5-5 vote, you have got a problem. Commissioner Regalado: Well, we just... We will do less. Vice Chairman Teele: Not really, with a 5-5 vote, whatever it is, fails. Commissioner Plummer: I got a better idea, we do 11 and I get to appoint three. Vice Chairman Teele: Well, I mean, that may be fine, and I mean, I don't have a problem with that. You are the dean and the dean ought to have something other than the first parking space... Commissioner Plummer: Oh. Vice Chairman Teele: ... and the largest office, and the first of everything. But, I mean, I am all for it, because one day, one day my son may be dean here. So... Commissioner Plummer: That's all right. You can catch a bus to City Hall from now on. Vice Chairman Teele: Thank you, I appreciate it. But, I really do think... I mean, do we want to make the Mayor a legislator now? Do we want the Mayor to start voting? Chairman Hernandez: That's an excellent question. Vice Chairman Teele: I mean, and I am just... I am asking the question and... 103 January 13, 1998 Chairman Hernandez: What about a possible deadlock? How do...? What do we...? We have a ten member board if the Mayor is not allowed to vote. Commissioner Gort: It fails. Commissioner Plummer: Well, in our tradition, 5-5... A tie vote is a defeat. Chairman Hernandez: I think there is a clear conflict. Vice Chairman Teele: In what? Chairman Hernandez: In allowing him to vote. Vice Chairman Teele: I agree. I mean, I think it's very generous... Commissioner Plummer: Well... Vice Chairman Teele: ... of you to even make the Mayor the Chairman of MSEA, and I am prepared to support that. But, I just think that we ought to think this thing through as we go forward on this. I don't think the Mayor should vote, but if you think the Mayor should vote, I could be, you know, I want to get... I want to be a team player. Sort of. Commissioner Plummer: Yeah. Commissioner Regalado: Mr. Chairman, Mr. Chairman, I... Vice Chairman Teele: Then the other question, if I could? Is, we had a structure that said a Commissioner... The whole idea of having a Commissioner on a board is so that there is someone that can hear and understand what's going on in that board meeting and hopefully cut through... Commissioner Plummer: He is a liaison. Vice Chairman Teele: ... a lot of time, and you are not going to get that with the Mayor. I mean, with all due respect, we don't want the Mayor to be our liaison and number two, even if we did, this particular Mayor has done an outstanding job of being an executive Mayor and not sitting down here with us every day. Chairman Hernandez: Let me ask you this, maybe this is a legal, I think this is a legal question. If, we don't want the Mayor to be able to vote or have the power to vote, his designee is going to be one of us sitting up here. We definitely want to have the power to vote. Vice Chairman Teele: I'll tell you how I would do it, if I... I would say... I would leave your ordinance essentially the way that you have it... Chairman Hernandez: Uh-huh. Vice Chairman Teele: ... that says that "one of whom shall be a Commissioner." Chairman Hernandez: Correct. Vice Chairman Teele: And, as far as I am concerned, whoever the Commissioner is should be done based on seniority, based... 104 January 13, 1998 Commissioner Plummer: Ah. Vice Chairman Teele: I don't have any problems saying J.L., has a right to determine if he wants to go on, and the next senior person right down the line. Commissioner Plummer: You mean as a member of the board or as Chairman? Vice Chairman Teele: As... No. As a member of the board. Because this is the way I think you solve the problem. You solve the problem not by redoing what you have done but by keeping what you have done that has worked. What you had before were five members, one of whom must be a Commissioner, OK. If you are going to ten, ten of whom... one of whom must be a Commissioner. Commissioner Plummer: You are going to 11 here. Vice Chairman Teele: No, ten. Ten voting members plus the Mayor as Chairman. If the Mayor is not there, the Mayor doesn't get an appointment. The elected person that is there shall preside. It's very simple. Commissioner Plummer: Can I offer a suggestion for today? Let's just increase the size of the authority, if that's what you want to do, and let's give more thought to the Chairmanship. Mr. Jones: Well, then, you haven't really done anything. Chairman Hernandez: No... Vice Chairman Teele: But, you haven't done anything. I think, I mean, look, I think we need... This is an important enough board that we ought to spend half as much time as we just did with this other issue like we always spend a half an hour for and deal with the City business. Mr. Jones: Mr. Chair, let me just give you two other things to think about, if I may, that would mitigate against the voting... of the Mayor being a voting member. One is definitely, you know, the one, you know, when you first came up with this concept about placing Commissioners on various boards, whatever, that was one way to -- excuse me -- one way to really keep from violating the Sunshine Law. Secondly, you have to keep in mind that, you know, there is that prohibition of... against dual office holding. So, you have to very careful as you go along and contemplate which Commissioner is going to be appointed, whatever, that he is not in a position of holding two offices as such under the Constitution on boards which are other than just those boards that make recommendations to this Commission. So, I just ask that, you know, you think about that. The third thing, and more importantly that would mitigate against the Mayor voting, is that fact that, as a voting member at some point, he would consider legislation that may effect MSEA which he would have the ability to veto, which I think would be a prohibited conflict. Vice Chairman Teele: That's the executive... That's... Chairman Hernandez: Uh-huh. Vice Chairman Teele: Again, that goes back to the executive issue. Commissioner Plummer: Well... Commissioner Plummer: Let me... If I may, let me just return to one issue, the dual? Because, I don't see how you can even make the dual office holder issue, if in fact your basic ordinance says, "the authority shall consist of five voting members appointed by the Commission, one of which shall be a City Commissioner." I mean, so you are not changing anything. 105 January 13, 1998 Mr. Jones: Oh, Commissioner Teele, I was not necessarily talking about this board. Vice Chairman Teele: OK, so, let me just ask this. Mr. Jones: OK. Vice Chairman Teele: The authority shall consist of let's say, ten voting members... Mr. Jones: Uh-huh. Vice Chairman Teele: ... to be appointed by the City Commission, one of which shall be a City Commissioner based upon seniority, period. The Mayor shall serve as the Chairman of the board and in his absence, the elected official shall serve as the acting Chair. Mr. Jones: OK. What I am saying to you, if both of the boards, and all of you have more, not necessarily may have more than one board. If those boards are deemed quasi judicial boards where they are semi -autonomous, independent such, that they make... such they make decisions that are not dependent on this Commission, then it would be deemed dual office holding. For instance, Commissioner Plummer is on the... is the Commissioner who is on the Bayfront Park Trust. They make decisions that are necessarily independent of this Commission. Now, if he were to be appointed to this board, I think you would have, necessarily may have a problem with dual office holding because MSEA Board ... Commissioner Plummer: Then, I have got a problem to go with that ITB (International Trade Board). Mr. Jones: ... makes decisions that are independent of this Commission. Commissioner Gort: Let me ask a question then. Mr. Jones: Yes. Commissioner Plummer: Obviously, I have got a problem because I belong to ITB as well. Commissioner Gort: I mean, we have been doing this for the last four years that I have been here, we have been doing this. Mr. Jones: I am sorry. Commissioner Gort: I mean, for the last four years that we have been here, we have been serving two and three different boards. Commissioner Plummer: Absolutely. Mr. Jones: Well, some of the boards that you represent are not... are those that basically make recommendations to this Commission. There are only one or two of them which are really deemed quasi judicial that if you served on two, may pose a problem with dual office holding. But, to this... as of this date, there has been no problem. I am just making... I am just bringing this to you so that you could be aware of it. Chairman Hernandez: Let me.. Let me ask... 106 January 13, 1998 Commissioner Plummer: Well, am I wrong or do I recall that the last so called "setup" that there were five members and that the Commissioner who served as Chairman, did not have an appointment? Vice Chairman Teele: That's right. Chairman Hernandez: Right. Commissioner Plummer: That's what I recall. Vice Chairman Teele: That's what I just read out. Chairman Hernandez: Right. Commissioner Plummer: OK. No, you didn't... Vice Chairman Teele: Yes, I did. Commissioner Plummer: Well, that... So, if we go to ten, why not have the same proviso that each Commissioner would have, but the Commissioner would only have one appointment. Vice Chairman Teele: Commissioner, I just read it, exactly what you are saying. I said, and I'll read it again. Commissioner Plummer: He's still making the Mayor. Vice Chairman Teele: "The authority shall consist" -- and hypothetical let's say ten voting members -- "to be appointed by the City Commission, period. The Mayor shall serve as the Chairman, period. A nonvoting Chairman, period. The elected Commissioner shall serve as the acting Chair in absence of the Mayor." So... Commissioner Gort: Who is the Vice Chair? Chairman Hernandez: Who is the Vice Chair? Vice Chairman Teele: And, I have said in the previous one, and the elected members shall be selected based upon seniority. Commissioner Plummer: He would be the Vice Chair. Vice Chairman Teele: Seniority. Commissioner Plummer: No, the Vice Chairman of the Board. Vice Chairman Teele: He would be Vice Chairman of the Board or the Acting Chair. Commissioner Plummer: OK. Vice Chairman Teele: And, so seniority means, whoever according to the Clerk, has the most number of years on this Commission would get to decide whether he's going to appoint two people or he is going to appoint one person and himself. The next ranking person would get two people or himself. The next ranking person would get two or himself and down to the last person who would get the tattoo, if nobody else did it. 107 January 13, 1998 Commissioner Plummer: And then, if they don't want it? Vice Chairman Teele: The last person would have to do it. Commissioner Plummer: Has to take it. Chairman Hernandez: Right. Vice Chairman Teele: I mean, so, so, it basically... nobody gets hurt... Commissioner Plummer: I hear you. Vice Chairman Teele: I mean, maybe the Chairman is the person who would feel that he should be entitled to that, but I think in deference to your age, we should all... Commissioner Plummer: Sir, I have more years than the four of you combined. Does that answer your question? Vice Chairman Teele: Mr. Chairman, the only point that I want to make is this, I served for one brief moment as the Chairman of MSEA. It's very clear, and I don't know where J.L. is on this, but it is very clear that the current MSEA board members feel, and they shouldn't have the decision, it's our decision that ten people is not practical, it's too large, that they have had this kind of numbers before, they had 13 or 11 before, that they say maybe more than five is good, but ten is just too many. And, you know, for what that's worth, it's up to you to consider. I know that Commissioner Plummer has said in the past that he will never go for ten. I don't know where that is now, but I... Commissioner Plummer: No, I'll go... I'll go... You want to go for ten, that's fine. I mean it's... I just don't want to go above ten or... They were talking to going back to 13. Vice Chairman Teele: Well, you are going for 11. Ten plus one, the Mayor will be the llth member. Commissioner Plummer: But, he's... So, he's running the show, that's all he does. Chairman Hernandez: He's nonvoting, correct? Commissioner Plummer: Nonvoting. Vice Chairman Teele: Nonvoting. Chairman Hernandez: Yeah. Vice Chairman, I have no problem with your modifications. In all honesty, what I do object is, because I am interested in serving on that at one point in time, is to the seniority issue. I don't know if there is an objection to that, if you feel very strongly, the rest of you, as to... Commissioner Plummer: I do want to serve. Chairman Hernandez: Right. Commissioner Plummer: And, I would like to serve, yeah. So, I will have to appoint a second member. Vice Chairman Teele: You can do it by a coin flip. 108 January 13, 1998 Chairman Hernandez: I have no problem with that. We have to appoint boards today, anyway. Commissioner Plummer: Yeah. All right, all right, is that a motion? Commissioner Regalado: Does...? The Commission will consider. Vice Chairman Teele: My motion would be... Commissioner Gort: Does the Chairman, accept the motion? Vice Chairman Teele: My motion would be if it were accepted by the maker of the... is that the... that we go to ten, one of whom shall be the Commissioner and it shall be decided based upon seniority, except the Chairman of the Board shall have the first pick. Commissioner Plummer: So, now you can't... you... Chairman Hernandez: I can go along with that one. Commissioner Plummer: I can't. I invoke the rule. I think it's only fair, seniority. Commissioner Gort: Why should it be... Commissioner Plummer: It's for one year, OK. Vice Chairman Teele: But, he's never served. He's never served it. Chairman Hernandez: I don't have a board. Vice Chairman Teele: He's never served as a MSEA Chair. You have served as a MSEA Chair. Commissioner Plummer: If the Chairman will relinquish after one year, I have no problem. Vice Chairman Teele: OK. Chairman Hernandez: I have no problem with that. We want to rotate every year? Vice Chairman Teele: One year. A Commissioner shall serve for one year. Chairman Hernandez: That's fine. Vice Chairman Teele: Provided... Commissioner Plummer: So, then I get... Vice Chairman Teele: ... the Commissioner shall serve... shall be limited for one successive year. Commissioner Gort: I have never served that, and I don't think he's ever served. Mr. Jones: Well, you have that now. I mean, you review your appointments every year anyway. Commissioner Plummer: And, if the... 109 January 13, 1998 Vice Chairman Teele: Yeah, but this will be a proviso that he can't serve two successive years. Commissioner Plummer: OK, but also, if the Chairman does not wish to serve it would then go on seniority. Vice Chairman Teele: It would then go on seniority. Commissioner Plummer: All right. I'll shoot him tonight. Chairman Hernandez: We have a motion by Vice Chairman Teele, seconded by Commissioner Plummer. Commissioner Regalado: Excuse me, Mr. Chairman. So, we are then ten? Chairman Hernandez: Ten, with the nonvoting Mayor as the Chairman. Vice Chairman Teele: I sure don't want to be a ten, I'll tell you that, but I don't want to make this... Commissioner Regalado: Do we have...? Could we have at -Large members appointed by the Commission? Commissioner Gort: No. Commissioner Regalado: You have some in Bayfront. Chairman Hernandez: He's got three. Commissioner Plummer: No, I definitely have members at -large in Bayfront. Definitely. Vice Chairman Teele: Why can't we go to five, one of whom is the Chair... one of whom is the Commissioner and two at -large? Commissioner Plummer: You mean, three? Commissioner Regalado: No, he's talking about... Chairman Hernandez: Yeah. Vice Chairman Teele: Two at -large, that's seven people. Commissioner Regalado: Seven plus the Mayor, right? Vice Chairman Teele: Now, it's ten plus the Mayor. Five, one of whom is the Commissioner plus two at -large. And, let's who... how we can all get along. Chairman Hernandez: Yeah. Commissioner Plummer: Oh, absolutely. Vice Chairman Teele: Huh? Commissioner Plummer: I mean, is five enough? We the people. I... Look, let's do something and get the devil off the center of the nickel here, OK. 110 January 13, 1998 Chairman Hernandez: Let just read... Read the ordinance. Read the ordinance, Quinn. Commissioner Plummer: No, you want to make alternate members, how many you want? Let's do it. Vice Chairman Teele: No, that's not alternate. We are just... Everybody would get one appointment. Commissioner Plummer: No, the hell you say. Vice Chairman Teele: And, then we would vote for two. Commissioner Regalado: No, he said "at -large." We said at -large. Vice Chairman Teele: Two at -large. Two... Commissioner Plummer: You mean, five plus two, plus one. Vice Chairman Teele: Five plus two. Commissioner Regalado: Plus one. Vice Chairman Teele: The one is going to be always be there. Commissioner Plummer: Who is going to get the two? Commissioner Regalado: The Commission. Vice Chairman Teele: The three votes. Commissioner Plummer: Wait a minute, I have been had once now. Commissioner Gort: We will submit several names and the ones that the committee votes, get it. Commissioner Plummer: You know... Without a kiss, eh? Chairman Hernandez: Read the ordinance. Commissioner Plummer: I don't like that. Chairman Hernandez: Read the ordinance. Mr. Jones: I will read the ordinance with the modifications. Commissioner Plummer: Let's leave it at ten. Chairman Hernandez: Yeah, we are leaving at it. Commissioner Plummer: Let's keep peace in the family. Jesus, jumped up Santa Claus. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] 111 January 13, 1998 Commissioner Gort: You want to go with the modifications, because we discussed several of them? Chairman Hernandez: Yes. Commissioner Gort: What are the modifications? Commissioner Plummer: Wait, what modifications? Commissioner Gort: Yeah, that's... Mr. Jones: With the ten voting members the Mayor would be nonvoting member and serve as Chair. Commissioner Plummer: OK. Commissioner Plummer: But, you are not voting on the... Mr. Jones: For a one year term... Commissioner Plummer: We are not voting on the Teele... Mr. Jones: ... not for the Commissioner who is chosen, not to serve two successive terms. Vice Chairman Teele: The Commissioner is not chosen. The Commissioner... Mr. Jones: The Commissioner who is appointed. Vice Chairman Teele: ... who designates... Mr. Jones: Who... OK. Vice Chairman Teele: ... based upon seniority starting with the Chairman. Commissioner Plummer: The Chairman first, then seniority. Vice Chairman Teele: The Chairman first, then seniority. Commissioner Plummer: Yeah. Call the call roll for God's sakes. Get this thing over. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 2-1013(a) AND (d) (1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO INCREASE THE NUMBER OF MEMBERS ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY FROM FIVE TO ELEVEN; TO PROVIDE FOR APPOINTMENT OF CHAIRPERSON TO SAID AUTHORITY, AND TO PROVIDE FOR THE CONSTITUTION OF A QUORUM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 112 January 13, 1998 was introduced by Vice Chairman Teele and seconded by Commissioner Plummer, 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 Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Vice Chairman Teele and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11588. 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. ---------------------------------------------------------------------------------------------------------------- 23. SECOND READING ORDINANCE: AMEND CODE SECTION 40-245 -- PROVIDE FOR INVESTMENTS TO BE MADE IN ASSET BACKED SECURITIES FOR MEMBERS OF GESE (PENSION) TRUST. Chairman Hernandez: OK, item number nine. Commissioner Plummer: Damn. Chairman Hernandez: We have got a motion by Commissioner Gort. Commissioner Gort: Second. Chairman Hernandez: Second by Commissioner Plummer. All those in favor say "aye." Commissioner Plummer: It's an ordinance. Chairman Hernandez: It's an ordinance. 113 January 13, 1998 Chairman Hernandez: Roll call. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 40-245 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS AMENDED, BY PROVIDING FOR INVESTMENTS TO BE MADE IN ASSET BACKED SECURITIES FOR MEMBERS OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE TRUST"); CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of November 25, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Mayor Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11589. 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. ---------------------------------------------------------------------------------------------------------------- 24. SECOND READING ORDINANCE: ESTABLISH NEW SRF-FEMA-USAR GRANT AWARD FY 96-97 -- APPROPRIATE FUNDS $76,500 -- ACCEPT GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) -- FOR EQUIPMENT / MANAGEMENT / TRAINING OF TASK FORCE. Chairman Hernandez: Item eleven. Commissioner Gort: Ten. Vice Chairman Teele: Ten, ten. Chairman Hernandez: I am sorry. Item number ten. Commissioner Gort: Move it. Chairman Hernandez: There is a motion by Commissioner Gort, second by Vice Chairman Teele. Read the ordinance. Roll call. 114 January 13, 1998 An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD (FY '96-97)" AND APPROPRIATING $76,500.00 TO SAID FUND; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE FEDERAL MANAGEMENT AGENCY ("FEMA") FOR EQUIPMENT, TRAINING, MANAGEMENT AND ADMINISTRATION OF TASK FORCE AFFAIRS AND TO 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. passed on its first reading, by title, at the meeting of November 25, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11590. 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. ---------------------------------------------------------------------------------------------------------------- 25. SECOND READING ORDINANCE: ESTABLISH NEW SRF-ALTERNATIVE FUEL VEHICLE GRANT PROGRAM -- APPROPRIATE $96,095 -- ACCEPT GRANT FROM SOUTH FLORIDA REGIONAL PLANING COUNCIL -- FOR SIX ELECTRIC CARS -- FOR MIAMI RIVERSIDE CAR POOL FLEET. Chairman Hernandez: Item eleven? Commissioner Gort: Move eleven, and I have a question. Chairman Hernandez: Motion by Commissioner Gort, seconded by Commissioner Regalado. Discussion. Commissioner Gort: Question, staff, my understanding is, this is a grant to use the electrical automobiles and they will put up ninety-six thousand dollars ($96,000) worth... We were to put up one hundred thousand dollars ($100,000) in this contract. It states very well that we have to comply. And, there is a lot of compliance that we have to comply with. If if we are in noncompliance, the funds can be taken away. Do we have to put the money up front, or do we pay as we go along? 115 January 13, 1998 Mr. Juan Pascual (Director, General Services Administration Department): We are looking at it to being a lease for a three year period. So, we would have to enter into that contract for that three year period. Commissioner Gort: So, it's to a purchase, it's a lease? Mr. Pascual: That's what we are looking at right now, yes, sir. It's a purchase, but it will be a lease. It's a lease purchase option. We are looking at various vehicles. We had the Ford Ranger here at the last Commission meeting, and it will be a pilot program and Procurement said we can take it as a pilot program and identify one of the dealers that provides those vehicles at this time, and we are looking at the lease. Commissioner Gort: Mr. Manager, I would like to make sure when you look at this contract... because a lot of compliance that we have to, and a lot of recording keeping compliance that we have to keep up with. If we are in noncompliance at any one time, that could be removed and we will be liable for the rest of the money, I imagine. Mr. Pascual: Right, it's a grant. Yes, sir. Commissioner Gort: It's a grant, but we are liable for our matching fund. Mr. Pascual: Yes, sir. Commissioner Gort: OK. Chairman Hernandez: Read the ordinance, please. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Mr. A. Quinn Jones, III, Esq. (City Attorney): Item 11. Commissioner Plummer: Eleven. Mr. Jones: Yes. Chairman Hernandez: Roll call. 116 January 13, 1998 An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "ALTERNATIVE FUEL VEHICLE GRANT PROGRAM" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $96,095.00, CONSISTING OF A GRANT FROM THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ("SFRPC") FOR THE PURCHASE OF SIX ELECTRIC CARS FOR USE IN THE MIAMI RIVERSIDE CENTER CAR POOL FLEET; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD FROM SFRPC AND TO 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. passed on its first reading, by title, at the meeting of November 25, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11591. 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. ----------------------------------------------------------------------------------------------------------- 26. SECOND READING ORDINANCE: AMEND CODE, CHAPTER 42, ARTICLE VI, SECTIONS 42-82 THROUGH 42-85 OF CODE: "VEHICLE IMPOUNDMENT" -- FOR SCHEDULING HEARINGS. Chairman Hernandez: Item number 12. Commissioner Gort: Move it. Chairman Hernandez: I have a motion by Commissioner Gort, seconded by Commissioner Plummer. Discussion. Read the ordinance. Roll call. 117 January 13, 1998 An Ordinance entitled - AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, SECTIONS 42-82 THROUGH 42-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING "VEHICLE IMPOUNDMENT"; SETTING FORTH NEW PROCEDURES FOR SCHEDULING PRELIMINARY AND FINAL HEARINGS FOR VEHICLE IMPOUNDMENT CASES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of November 25, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11592. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 27. SECOND READING ORDINANCE: AMEND CIP ORDINANCE 11337 -- INCREASE APPROPRIATIONS TO CIP PROJECT 312010: POLICE MOBIL DIGITAL TERMINAL REFINEMENT BY $676,010. Chairman Hernandez: Item 13. Commissioner Plummer: Move it. Commissioner Gort: I have a motion, second, but I have got a question. Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Gort. Discussion. Commissioner Gort: Captain Longueira, can you very briefly explain how this equipment will help the police in eliminating crime? Police Capt. Longueira: Sir, these are the mobile computers that are put in the police cars. It allows them to access NCIC, FSIC, do tag checks. Chairman Hernandez: Correct. 118 January 13, 1998 Police Capt. Longueira: They get their dispatchers on calls right to the car. They have available to them through this computer, crime... information on crime in their neighborhoods. Right to the car, they can get this information. Commissioner Gort: Thank you, sir. Chairman Hernandez: Read the ordinance. Vice Chairman Teele: What item are we in? Chairman Hernandez: This is 13. Roll call. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 312010 ENTITLED: "POLICE MOBIL DIGITAL TERMINAL REFINEMENT". IN THE AMOUNT OF $676,010; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11593. 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. 119 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 28. ESTABLISH NEW SPECIAL REVENUE FUND -STATE OF FLORIDA BROWNFIELDS REDEVELOPMENT PROJECT GRANT -- ACCEPT $500,000 GRANT FROM FLORIDA OFFICE OF TRADE, TOURISM AND ECONOMIC DEVELOPMENT. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 14. Commissioner Gort: Move it. Chairman Hernandez: Motion by Commissioner Gort. Commissioner Plummer: Second. Chairman Hernandez: Seconded by Commissioner Plummer. Read the ordinance, please. An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA BROWNFIELDS REDEVELOPMENT PROJECT GRANT" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROJECT IN THE TOTAL AMOUNT OF $500,000, CONSISTING OF A $500,000 GRANT FROM THE STATE OF FLORIDA OFFICE OF TRADE, TOURISM AND ECONOMIC DEVELOPMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of December 9, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11594. 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. 120 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 29. (A) FIRST READING ORDINANCE: AMEND SECTIONS 2-1052 AND 2-1053 OF CODE -- DECREASE BOARD MEMBERS OF OVERTOWN ADVISORY BOARD. (B) DIRECT CITY MANAGER TO PROVIDE WORKSHOPS TO BOARDS' STAFF. Chairman Hernandez: Item 17. Commissioner Plummer: Wait a minute. Chairman Hernandez: Fifteen and sixteen were the fire assessment. First reading ordinance on item number 17 to decrease the number of board members on the Overtown Advisory Board and the number of members required for a quorum for said board. Is there a motion? Vice Chairman Teele: So move. Chairman Hernandez: Moved by Commissioner... Vice Chairman Teele. Commissioner Gort: Second. Commissioner Plummer: I would liked to suggest that we consider... Let me tell you what has worked extremely well for me on every board that I now sit. The following has worked out well. That at the scheduled time of the meeting, the members present constitute a quorum. The majority of the members present constitute a quorum. They may or may not want to do that here, I will vote in favor of this, but I think consideration for all boards, so that boards do not have to cancel meetings and to inconvenience the public. I think that we ought to consider it for all boards. Does anybody understand what I am saying or anybody listening? Hello. Chairman Hernandez: I am following. Vice Chairman Teele: Don't you have a minimum number though? Commissioner Plummer: No, no. If the meeting is supposed to start at 12 o'clock, of the people that are present at the time of the meeting, 50 percent constitute a quorum. And, let me tell you something, in effect what it's done, nobody wants to be left out, they are there on time. I tell you, we are having too many boards around here where people are having to cancel meetings because they don't have a quorum. And, I think that this is one way it's worked for me in both the Bayfront Park and the ITB (International Trade Board), it's worked out very well. Commissioner Gort: Let me give you one example, the Urban Review Board. We had people that were flown out of town, architects, engineers to make presentations, and they were not able to make a presentation because there was not a quorum on the board. And, that that's being business friendly. Chairman Hernandez: Seth. Mr. Seth Sklarey: Yeah, Seth Sklarey, Coconut Grove. I agree. I think... I have been in innumerable board meetings where half the members or more don't show up and you have a room of people and none of the board members are there, or their terms have expired and they 121 January 13, 1998 don't show up, they don't know whether they are members or not. But, on the other hand, you want to also include saying that, if the people don't show up that they are automatically removed from the board, if the don't show up for a certain number of board meetings and get people on the boards who are willing to serve and willing to show up. Vice Chairman Teele: Mr. Chairman, I accept that and I would ask that the attorney draft an appropriate amendment to this for second reading when it comes up that basically would provide for a vacancy to occur with three absences. Commissioner Plummer: We have that already. Three consecutive absences? Vice Chairman Teele: Three consecutive absences. Chairman Hernandez: That's right. Commissioner Plummer: We already have that. Chairman Hernandez: Yeah. Vice Chairman Teele: It depends on the ordinance itself. Does that...? Do you have that in the Overtown? Commissioner Plummer: Oh, I can't answer to that one in particular... that particular board. Vice Chairman Teele: Yeah, that's the one I... Commissioner Plummer: But, I can tell you most every other board has it. Mr. A. Quinn Jones, III, Esq. (City Attorney: Yeah, I am sure. Yeah, when the Commission... Excuse me. When the Commission overhauled the boards... Commissioner Plummer: All of the boards. Yeah. Mr. Jones: ... they made that a standard provision for every board. Commissioner Plummer: All right, it's become... It's become almost embarrassing that some boards don't have a quorum and have to cancel their meetings. Vice Chairman Teele: It's not contained in the ordinance that I have before me. Commissioner Plummer: Well, I think it's the overall. Mr. Jones: No, Commissioner, where you see the sections where the stars are... Vice Chairman Teele: Yeah. Mr. Jones: ... that indicates that those provisions remain intact. So, that would be what those provisions is. Vice Chairman Teele: All right. Well, I really didn't think on this point, and I'll just say that one of the things that I am very confused about is just the way we run this City Hall. The Clerk should have responsibility for maintaining a list of all boards, and the Clerk essentially should be the staff to each and every board in terms of providing that kind of technical assistance and should receive copies of all board minutes in terms of determining who is in and who is out. 122 January 13, 1998 And, I say that, not to be counter... Not to criticize the Clerk's office, but it just seems to me, we have for example a Commission meeting and notices being made by staff calling a Commission meeting, the Clerk didn't even know it. And, I just think we need to be very, very clear, Mr. Attorney, if necessary, we need to go back and do some basics, particularly in light of the restructuring of our government. The Clerk should be the person that calls... that gives notice of meetings, and in many cases, the Clerk should be required to give notice of these independent board meetings as appropriate. And, we... The Clerk should maintain a list of who the board members are and to that extent, of who is making... who is absent and who is present so that these things can be self -protected. Chairman Hernandez: Commissioner Gort. Commissioner Gort: That's my understanding that is taking place right now. I mean that's the way it should be. Vice Chairman Teele: Well, I just asked the Clerk regarding the... What was that thing we just had up here? Mr. Walter J. Foeman (City Clerk): MSEA (Miami Sports and Exhibition Authority) Board. Vice Chairman Teele: The what? Mr. Foeman: Oh, Miami Capital is not... Vice Chairman Teele: The Miami Capital. And, I am telling you, the records are just not there right now. Do you know who is on the Miami Capital Board? Commissioner Gort: Well, Miami Capital is an independent non-profit corporation. It is not directed to us. Vice Chairman Teele: But... Commissioner Plummer: No, they sure are answerable to us. We control their budget. Commissioner Gort: They are answerable to us but we don't... We... Commissioner Regalado: Excuse me, do we appoint the members? Mr. Jones: No. Commissioner Gort: No, we don't. Mr. Foeman: No. Vice Chairman Teele: No, but we should ratify them. And, see that's the point. We... Commissioner Regalado: OK. Commissioner Gort: We don't... Well... Vice Chairman Teele: But, we are the ones taking the heat, the hit in the HUD (Department of Housing and Urban Development) audit, and the... One of the things that bothers me when we start dealing with the thing like we dealt with today, is that that's exactly what we got criticized for from HUD in taking the decision that we just took. And, I just think that we really need to work... 123 January 13, 1998 Commissioner Gort: You are right on that. Vice Chairman Teele: ... in terms of board workshops. And, Mr. Manager, I would hope that somewhere along the line, I know you have got a lot of things to do, that we can really, that we can go through each board and have board workshops. If necessary, bring in some, you know, some City staff people to do the coaching and the counselling of how this should work. But, I am using this as an example because the Overtown Board is a very important board and it's a board that needs technical assistance and help in terms of just what's expected. Thank you, Mr. Chairman. Chairman Hernandez: OK, what are we doing on item 17, then? Vice Chairman Teele: We are approving it for first reading. Chairman Hernandez: OK. Vice Chairman Teele: And, asking the City Attorney to make certain changes... Chairman Hernandez: Changes. Vice Chairman Teele: ... or amendments for second reading. Chairman Hernandez: OK, motion by Vice Chairman Teele, second by Commissioner Gort. Read the ordinance. An Ordinance entitled - AN ORDINANCE AMENDING SECTIONS 2-1052 AND 2-1053 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO DECREASE THE NUMBER OF BOARD MEMBERS ON THE OVERTOWN ADVISORY BOARD AN THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM FOR SAID BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 124 January 13, 1998 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. ---------------------------------------------------------------------------------------------------------------- 30. (A) FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: SOLID WASTE REDUCTION RECYCLING AND EDUCATION -- APPROPRIATE $275,573. FOR DEVELOPMENT / IMPLEMENTATION OF SAME. (B) AUTHORIZE MANAGER TO (1) DEVELOP COMPREHENSIVE PLAN TO CONTINUE STREET SWEEPING PROGRAM (MAYOR'S BEAUTIFICATION PLAN) (2) UNDERTAKE EMERGENCY REPAIRS OF SOLID WASTE EQUIPMENT (3) LIST AND PURSUE VIOLATIONS OF LOT CLEARING ORDINANCE -- BRIEF DISCUSSION REGARDING STRICT ENFORCEMENT OF ILLEGAL DUMPING ON CITY STREETS -- FURTHER DIRECT ADMINISTRATION TO DISCUSS SOLID WASTE FEE AT NEXT COMMISSION MEETING OF JANUARY 27, 1998 -- SEE LABEL 45. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Eighteen. Commissioner Gort: Move it. Commissioner Plummer: Second. Chairman Hernandez: Moved by... Mr. Clarence Patterson (Solid Waste Coordinator): Mr. Chairman, there is change in the amount here. Chairman Hernandez: OK. Motion by Commissioner Gort, seconded by Commissioner Plummer. What's the change in the amount? Mr. Patterson: The change in the amount is changing from two hundred and eighteen thousand seven hundred and seventy-two dollars ($218,772) to two hundred and seventy-five thousand five seventy-three ($275,573) after we got the revised numbers from Dade County which increases out, so that we can recoup the cost for equipment and personnel use. Chairman Hernandez: Thank you, Mr. Patterson. Read the ordinance, please. Commissioner Regalado: Mr. Chairman, if I may... Chairman Hernandez: Yes. Commissioner Regalado: ... just a brief question for Mr. Patterson? He... Could you give us a brief report about the street sweepers, how do you feel about that program and what do you think... how we can continue? Mr. Patterson: Is that the... interim agree... I mean, Interim Assistance Program, we are talking about, the clean sweep that the Mayor is involved in? There is something on here later, there is a discussion on that. 125 January 13, 1998 Commissioner Regalado: I am talking about the street sweepers program that we approved six months ago or seven months ago. Seventy-five, it's down now to 50, no? That's it. Mr. Patterson: I am not aware of that one, Commissioner. Commissioner Regalado: OK. Mr. Patterson: Commissioner, I think you are talking about item 34, which is a Commission discussion or are you talking about mechanical street sweepers? Commissioner Regalado: No, no, I am talking about the street sweepers. The program that this Commission approved several months ago. Mr. Jose Garcia -Pedrosa: That's item 34, Commissioner. Mr. Patterson: Oh, no. That's the Interim Assistance Program. Commissioner Regalado: All right. Vice Chairman Teele: You can take it up now. Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Patterson, excuse me. Could you state on the record again, what that amount was that have changed? Commissioner Regalado: I mean, can we take this issue now, now that we have...? You know, I remember that we did approve those funds. And, I can tell you that many, many people of Miami are very happy with the work that these people have done. We are very proud of them, but it seems that we don't have the money now. So, could you, Mr. Patterson, could you tell us if you have some budget for them, or what do you want us to do? Chairman Hernandez: I believe we have identified... I got a memo. Mr. Manager, didn't you identify a source of funding? Mr. Garcia -Pedrosa: We have a request from the Mayor to... I think you have a memo on it, to add seventy-five thousand dollars ($75,000)... Commissioner Plummer: Yeah. Well, you are causing me some grief guys, OK. I saw... Vice Chairman Teele: Where is the memo? Chairman Hernandez: I'll read it to you. Commissioner Plummer: I saw... Let me tell you what you are causing me grief. Everything on TV is in Coconut Grove, Allapattah and I got besieged by the Downtown people wanting to know when are their streets going to be... Vice Chairman Teele: Swept. Commissioner Plummer: ... dealt with exactly as the other areas. Commissioner Gort: They were the first ones. Chairman Hernandez: Let me read you... Let... 126 January 13, 1998 Commissioner Plummer: They haven't seen any firemen down there with hoses at night... Commissioner Regalado: Excuse me, J.L, this is not about... This is not the same thing. Remember, this is a program of people hired minimum wage by the City of Miami. No benefits. Commissioner Plummer: To sweep the streets, and there's none downtown. Chairman Hernandez: Let me just read you the memorandum. Commissioner Regalado: There is some... Mr. Chairman yes, there was... there was some cleaning done. I was there. I mean, it's just that they move around. Chairman Hernandez: Let me read you the memorandum. It's a very short. Mr. Jose Garcia Pedrosa: The memo that we've got before indicates that we've had an allocation of workers on Coral Way, Southwest Grove, West Little Havana, East Little Havana, downtown, Wynwood, Allapattah, Model City, Little Haiti and the Upper East Side. Maybe they haven't been covered by the fee yet. Commissioner Gort: First they were in downtown. Commissioner Plummer: Yeah, they're in... I think they must be at Burger King. Chairman Hernandez: Let me read you the memorandum that you wrote, Mr. Manager. "The Budget Department has advised me that the original allocation to the interim assistance program is almost depleted, showing a balance of three thousand, three hundred and seventy-seven dollars ($3,377). To extend the program with 36 workers for eight weeks, from January 9th will cost approximately seventy-five thousand, seven hundred and eight -seven dollars ($75,787). In order to continue this program at this time, I am recommending that it be funded from salary attrition in the Solid Waste Department budget. An alternate funding source will have to be determined for its continuation beyond March the 6th." OK? Salary attrition in the Solid Waste Department. Commissioner Regalado: Well, Mr. Chairman, I... Mr. Manager, this is until March. I think that we should find other ways, because what we cannot do is take away personnel from Mr. Patterson to sweep the streets, I mean, because image is very important. And I can tell you that the people are very happy with this work, that these are very hard working people. I have seen it. I have followed them. I can vouch for them, because they really work. I mean, they don't rest. And... But to get positions from Mr. Patterson's department and pay for them would be unfair, because we need also people to pick up the garbage and the trash, and we cannot provide one service very good and then fail in another service. So I would ask, Mr. Chairman, if we can probably discuss this on the last meeting of February or... I mean, we have to, because it runs till March. Chairman Hernandez: Well, the question is, he has identified some monies to continue it through March 6th. Do you want to make a motion approving those funds to be used and continued? Commissioner Regalado: I would, yes, absolutely. I would make a motion to approve those funds, and I would also advise the City Manager to be prepared to come here on the 24th of February with some alternatives to continue this program. 127 January 13, 1998 Chairman Hernandez: We got a motion by Commissioner Regalado. Is there a second? Commissioner Plummer: The Manager is recommending it. You know, I second the motion. But I want to tell you something. I want the names of the people downtown, because I haven't seen them. Now, if Regalado saw them, you know, he goes down there after dark. I'm there during the daytime. So. Commissioner Gort: That's not what I heard. Commissioner Regalado: No, no, I sleep. I sleep after dark. You're the one that cruises around. Mr. Patterson: They're there in the daytime, Commissioner. Commissioner Regalado: I'm telling you, J.L., I've seen it. And I'm telling you that... Commissioner Plummer: Well, you.. maybe you've seen them, but I haven't. Chairman Hernandez: OK. We have a motion by Commissioner Regalado, seconded by Commissioner Plummer. All those in favor... Vice Chairman Teele: Discussion. Chairman Hernandez: Discussion. Vice Chairman Teele: Mr. Chairman, I guess the Manager now is weighing in, and the Manager is making these funds available. I think this is certainly good, well-intentioned. But I think we really need to have a comprehensive program. Now, I gave... I did a "Dear Colleague" letter on the 30th. And I want to just take a minute, Mr. Manager, because I don't know if you got a copy of that letter. But I stated in that letter - that was when we were dealing with the five-year plan - that I was extremely frustrated that the Mayor had made very little to no input in the five-year plan, and even his beautification program, which I happen to think is a public policy home run, as well as being the kind of thing that this City needs to be about, was not put in the five-year plan, based upon the Mayor's request. I asked the Commission, and the Commission voted to approve adding the Mayor's cleanup program as a core initiative to the five-year plan. But that still begs the question now, what are we going to do after March the 6th? Because, I mean, you know, if we're just delaying what we are talking about doing, then, you know, I'm ready to bite that bullet now and say we can't afford it, because I want... As soon as you explain this, I want you to explain what this gentleman is prepared to tell you that's going on in the Solid Waste Department, because I assume that you know. And I assume that in making this recommendation, you have weighed the very real tragedy that you've got going on over there, as compared to this very real human resource. So I just want to know, what's the long-term plan? What are we going to do after March 6th, and how do you reconcile this recommendation with the other pressing needs that are going on in Solid Waste? Mr. Garcia Pedrosa: As I understand the motion, Mr. Vice Mayor, (sic) it is in two parts. One is to approve what has been identified as a source of funding for the period from now until March 6th. The second part of the motion is to do exactly what you are asking me now. That is, what happens after March 6th? Do we have an identifiable source of funding to bring to you for your meeting of February 24th? My guess is, if we identify a source of funding for February 24th, you would be much more inclined to approve than if we don't. And so that's what we have to do between now and then, and bring it to you in the next six weeks. Vice Chairman Teele: Mr. Manager, in making this recommendation, are you aware that you have equipment, critical equipment that is not functioning, that is not working, that is requiring 128 January 13, 1998 Solid Waste people to truncate routes and not pickup trash from people who are paying to have their trash picked up. And the only reason that they are not being picked up is because we don't have the money to repair equipment. Mr. Garcia Pedrosa: Yes, sir. This is primarily a labor-intensive effort, but you're absolutely correct. We need to address the issue of repair and maintenance of equipment... Vice Chairman Teele: Well, what is... Mr. Manager, what is your priority in the repair of equipment? And what is the equipment that your office feels should be repaired? Mr. Garcia Pedrosa: I don't have that answer now. Vice Chairman Teele: Well, if I may, then, Mr. Manager, may I call upon the representative of the Solid Waste Union to tell us why you all are not picking up equipment now? Because at the end of the day, at the end of the year, you're going to get blamed for whatever is going wrong, and we're making decisions that, in effect, may preclude .you from being able to do your job right now. Mr. Norman Charles: Mr. Chairman, Mr. Vice Chairman, it is with deep regrets that I stand here this afternoon. Vice Chairman Teele: Your name, please? Mr. Charles: Norman Charles, president of City Independent Group Union. It is with deep regrets that I stand here this afternoon to ask this City Commission for help to repair the equipment in the Solid Waste Department. You have 22 cranes that are able to work. You have 22 crane operators. But you only have 14 cranes that are operating, picking up the trash in the streets. When two of these cranes break down, they're taken into the yard. So now, you're 12 cranes out of operation. And the only reply that I can get from the people that are supposed to repair this equipment is they do not have the parts, and they don't know when the parts is coming in. With all due regard, respect, these people have tried everything that they can possibly do. They are doing a tremendous job out there. But like Sir Winston Churchill once said, give me the tools, and I'll get the job done. If we can get these cranes running, we shouldn't have any problem. The overtime process alone has cost the City hundreds of thousands of dollars in overtime. If we repair these equipments, we wouldn't be costing the City this amount of money, and things would be a lot better. Thank you, sir. Vice Chairman Teele: Mr. Chairman, I realize that this is an important issue, but I'm sure you note the presence of our distinguished Mayor. Chairman Hernandez: He's here to address... The Mayor is here to address the same issue we're discussing. That's what he came down for. Mr. Mayor. Mayor Suarez: And after that, Mr. Chairman, Mr. Vice -Chairman and members of the Commission, Mr. Manager, I'd also like to do a quick symbolic presentation involving a little bit of money that we're receiving from Dade County that... Commissioner Plummer: Excuse me. Your name and address, please. Mayor Suarez: Xavier Suarez. I spend most of my time at 30... Vice Chairman Teele: Mayor, I'd recommend you take the Fifth on your address. Mayor Suarez: 3500 Pan American Drive, lately. As I'm sure you've heard from Norman Charles, as I'm sure you've seen, the City has really taken a change for the better, as far as 129 January 13, 1998 cleanliness in all of your neighborhoods. I think... Commissioner Gort, as I look at you, I keep thinking that Allapattah has got to be the toughest to keep clean, even more than Overtown nowadays. And they have done a magnificent job. We happened to be with them. Mr. Director and Madam Assistant Directors, a couple of days ago, on Thursday, we happened to be looking at 5th Avenue, north of the Garment District. I guess it begins at around 29th Street. And there they were, and they cleaned up all of 5th Avenue. It's a magnificent thing that they're doing. Plus, frankly, there is an employment issue here. We've got 36, I believe, part-timers. And if this board would approve, and we will submit to the Oversight Committee tomorrow, Mr. Vice - Chairman, my idea is to show up for just a couple of minutes. I spoke to Mr. Enriquez. He says they don't have a lot of time for us, but I did want to introduce Mr. Grayson to them, and also argue this one point, which I think, after I finish here, I'm going to have to call Mr. Beatty to see if he will recommend it to the board tomorrow, and preapprove it - I guess that's the way the process works - that we extend this program for at least two more months. I have to warn you that after those two months, I'll be coming to you, or the Manager will be coming to you, or both of us will be coming to you and asking you and asking you for another two months, and for another two months, until we figure out what the attrition is in the department, to see if we can't make some of these folks permanent. The department is languishing at about 190; am I correct, Mr. Director? And I think from a high in the old days of close to 500 people, and even so, they're doing a heck of a job of cleaning our City. And these extra 36 are particularly needed. I have to tell you that I have some input from the Nicaraguan community specifically, the organization,"Baunic", which has helped a lot in cleaning up the City with volunteer support, much of it obtained by Mr. Cajina, who is back there. And Mr. Chairman, Mr. Vice -Chairman, and members of the Commission, at some point, we have to look carefully to see if we're employing people fairly from the Nicaraguan community. So as we go forward, we ought to look at that in relation to this program, and make sure that we are recruiting fairly from all parts of the City, but if you would see clear to approving this. As you'll see in the next presentation that I'd like to make, if I could take five more minutes of your time, the City is doing a little bit better in terms of its cash position that what you might read in the newspapers. Chairman Hernandez: Thank you very much. Commissioner Plummer: Well, let me... if I may. Aside from a motion I'm going to ask for later, all right? This City has got to come to a realization that we have got to put a screeching halt to the people who are coming from everywhere out of this City, and people in this City, who are dumping truckloads of garbage on our streets. I have a friend of mine who is a paper wholesaler that I called you on Monday morning early, because they dumped two dump trucks full of garbage on the street in front of his place. And I only called because it was a safety hazard. But let me tell you something. If that same thing occurs in Coral Gables, or in Fort Lauderdale, and the police catch that individual, they go to jail. And you know what? The people up there respect it. And maybe they respect it so much, that's why we're getting it all. But until we do the same, we're not going to clean this City. We have got to be very steadfast. We have got to be rigid, and we've got to be catching these people who are doing it day in and day out. And as far as I'm concerned, we've got to do it, because if not, we're never going to clean up this City. The Mayor has made a promise, and if we're going to help him make good on his promise of getting this City clean, we have got to stop these vigilantes that are going out and doing this. They're unbelievable. Commissioner Gort: Let me give you a suggestion. Mr. Chairman, one of the biggest problems we have in maintaining Allapattah clean is the illegal dumping that is taking place in there. Commissioner Plummer: Absolutely. Commissioner Gort: If we were... and we all know where the illegal dumping takes place. I mean, Sanitation knows, because they pick it up all the time. So they know where that is taking 130 January 13, 1998 place. I've always said if we put inspectors in there to watch over it 24 hours, we can pay these people their salary with the five hundred dollar ($500) fines. Commissioner Plummer: Absolutely. Put them in jail. Commissioner Gort: And I've been recommending this for the last two years. Unless we have people there nights, on weekends... and maybe you can use some of these individuals. And you have to apply the five hundred dollar ($500) fine. We can collect enough money in there to pay for this. Chairman Hernandez: Mr. Mayor. Mayor Suarez: Yes. Mr. Chairman and Commissioners, I want to tell you of something very exciting in relation to that. On a pro bono basis, we are preparing... and I have to tell you that my Chief of Staff's wife is helping us with this, as is Assistant City Manager Joe Pinon, who came up with a mission statement that he put together in, I think, three hours of his arrival here, for a cleanup program and a thematic program for the City which will include explaining through the NET (Neighborhood Enhancement Team) process, through NET television process that people are not supposed to put the large items with the organic trash from their yards. And I want to tell you that we have developed a theme, and it's going to have a video, too, that we'll present to the Commission, I think, hopefully, by the next Commission meeting, and it's going to be spectacular, at no charge to the City. And that theme was kind of borrowed from another jurisdiction close to us, an island... a set of islands, actually, from the Bahamas. And the theme would be "Take Pride Citywide." And the Assistant City Manager, Mr. Pinon, has suggested "Miami Pride Citywide," I think, is the way we finally agreed on it. And in Spanish, there's even the beginning of a translation. Commissioner Regalado, maybe you and Commissioner Gort might have some modifications to it, and the Chairman, but we're thinking of "Miami Brilla." And just to convince people... and of course, we'll come up with a Creole translation, too. But it's going to be spectacular, and it's going to really engage people into thinking that we have to keep the City clean. And of course, we go after the folks that come in from the outside. And I think it's going to engage the interest and the support of all the people of Miami. And I particularly want to thank Joe Pinon, who came aboard and very quickly jumped on this and prepared a memorandum, which I have to get to circulate to the Commission. Mr. Manager, I don't know if you or I are remiss in not having done that up to now. Chairman Hernandez: Furthermore, on... Commissioner Regalado: Mr. Mayor, if I may. First of all, I do agree with that and I... We were just talking here of the need of keeping those people. These people... the street sweepers are doing tremendous work. But since you are here, I want to congratulate you and the Manager for the way that you both handled the situation of the condominiums. And I think that the City of Miami is very happy with the way the thing... the issue was handled, and it shows that this is transparent government. Mayor Suarez: Thank you, Commissioner. Commissioner Plummer: Mr. Manager, I'll save the effort of making a memo. Mr. City Attorney, would you please advise the Manager of the ordinance which we passed in this City Commission relating to property being maintained every 90 days was it? - similar to that of the County. Mr. Manager, I want from my NET offices in my district, I want a list of all of the properties that are not in compliance with that ordinance. I want the names of the owners, and I want them notified, which must be done by law, that if they are not going to maintain their property, we are going to do it, as provided for in the ordinance. We're going to bill them for it. And if not, we're going to put a lien against their property. I would like that done within the 131 January 13, 1998 next 30 days at every piece of property in my district that is not in compliance with that ordinance, that I want it done. Mr. Jones: You're talking about the lot clearing ordinance. Commissioner Plummer: The lot clearing. Commissioner Gort: And it's all NETS, in all NETS, all of them. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: Sir, I speak for District 2. The other Commissioners can speak for the others. I want it first so I can get it done in a hurry. Chairman Hernandez: Mr. Mayor, I want to inform you that, furthermore, as part of your project, in the month of February, as I told you, for the first time ever, we're going to join forces with the private sector. The public sector and the private sector are going to come together with 500 volunteers that I'm currently working on, and we're going to hit the streets, all over the City of Miami. We're going to pick the dirtiest parts of the City of Miami, and we're going to clean it up. We've got several trash hauling companies that have already signed up, and basically are going to come together with our Solid Waste Department to work on continuing your progress on cleaning the City. Mayor Suarez: I'd heard about those 500, and I was hoping that you'd be ready to make that announcement. That's very exciting. Chairman Hernandez: It is. Mayor Suarez: And I know they're youngsters, for the most part, right? Chairman Hernandez: That's right. That's right. Commissioner Plummer: Mr. Chairman, I will say to you that I'm surprised that Mr. Pinon didn't bring to the City that which was very successful on Miami Beach some years ago. I don't know if they still do it or not, but two days out of the year, they get these huge bins, and they place them strategically for people that are residents of Miami Beach to take bulk items for one day to those bins. Chairman Hernandez: Mr. Mayor, is there anything else? Mayor Suarez: No, just I... I forgot to mention that in preparing that audio visual presentation, in addition to my Chief of Staff's wife, with her company, on a pro bono basis, Opal Comfort has been working on that presentation so that it... and I'm sure, Commissioner Regalado, I know you have a great interest in what comes on our NET station, that you will be consulted, and you will be briefed before it goes public, so you can give it your stamp of approval. But it's going to be very exciting, and we thank Opal Comfort. And by the way, I think that the Manager has made a great appointment in our Media Relations Director. Commissioner Plummer: I'd like to go back to that. Jose, are they stil doing that on the Beach? Mr. Jose Garcia -Pedrosa: I think the last time, Mr. Pinon was negotiating something even better, but go ahead. 132 January 13, 1998 Mr. Joseph Pinon (Assistant City Manager): Yes, sir. Joseph Pinon, Assistant City Manager. For the record, part of that program was increased by me in the City to do it six times a year, and is part of the program that we are proposing to you called "Miami Pride Citywide"... Commissioner Plummer: OK. Mr. Pinon: ... it includes also ordinances. It includes also the notification of all property owners and homeowners by the NET offices as to what the City's policy is in ordinances. A lot of times, residents and business persons do not understand, do not know the law. And so we need to impose on them the Commission... Commissioner Plummer: OK. The thing that you're going to have to do, because they do it to us, if I were to go to a County facility, a central dump station, you got to prove that you're living in the County. Mr. Pinon: That's correct. Commissioner Plummer: And I hope that when you establish this in the City, that you will so establish that, because if not, there will be a fee involved. Mr. Pinon: That's correct. Chairman Hernandez: Listen, we have to move on. Mr. Mayor, are you going to make a presentation before us? Mayor Suarez: If I could, yes. It will take about five minutes. Chairman Hernandez: Go ahead. Commissioner Plummer: Is he on the agenda? Chairman Hernandez: For five minutes. Mayor Suarez: Thank you. Commissioner Regalado: We had a motion. We need... Commissioner Plummer: Or less. Commissioner Regalado: We need a vote. Chairman Hernandez: We have a motion on continuing the program. We have to vote on that and the... Commissioner Regalado: And directing the Administration to bring a comprehensive program on the... Commissioner Gort: Based on the equipment. Commissioner Regalado: And, of course, I will amend the motion to include... Vice Chairman Teele: I would only ask that you allow... Chairman Hernandez: Yes. 133 January 13, 1998 Vice Chairman Teele: And Mr. Manager, I really hope you hear this, because I'm asking permission from the maker of the motion to amend, authorizing the Manager to undertake, on an emergency basis, repairs to Solid Waste equipment that are necessary for the smooth operation... Chairman Hernandez: ... of Solid Waste. Vice Chairman Teele: ... of othe existing department, and to report back in the next meeting where we are on that. Commissioner Regalado: Absolutely, Vice -Chairman. Absolutely, Vice -Chairman. So that will be the motion. Vice Chairman Teele: Second. Chairman Hernandez: There's a motion by Commissioner Regalado, seconded by Vice - Chairman Teele. Vice Chairman Teele: Mr. Chairman, before you call the question, I want to just say this. The five-year plan that we've approved adopts, embraces and commends the Mayor, and calls it the Mayor's Beautification Plan. What's missing is, "Where's the beet?" There's no money for it. And what I'm saying to you is, it's fine for us to get these beautiful Bahama... Anyway, how did he get to go to the Bahamas and all that? I mean, thought I was the de facto... Mayor Suarez: No, no, no. He heard about the... Commissioner Plummer: Yeah, well, I got news for you. My great-grandmother was born in the Bahamas. Now, can you say the same? Mayor Suarez: He heard about the slogan from us, Mr. Vice -Chairman. Vice Chairman Teele: No, but I spend the night every night there. Mayor Suarez: He was not on the trip. And by the way, I didn't... I forgot to mention also the donation of approximately 75 royal palm trees. We're going to try to get as many as 500 from Mr. Cajina. Vice Chairman Teele: In all seriousness, I really do think that we need to revisit where we are on this Solid Waste fee. Commissioner Plummer: Absolutely. Vice Chairman Teele: And, you know, it's fine for us to all figure out how to do... I know... I commend Commissioner Regalado, but there's a simple way to solve this. We need to go ahead in the next meeting and bite the bullet, and deal with the Solid Waste fee, clearly, not at the level that it's at now. But we need to support some of the things that we're talking about doing. And I just hope that the Mayor won't come down here now and urge that we do all these good things, and then talk about vetoing some legislation, because, quite frankly, it's going to be politically attractive to make political hay out of something like this. Commissioner Plummer: Where were you when we needed you? Vice Chairman Teele: Yes, sir. 134 January 13, 1998 Mayor Suarez: I think maybe we'll solve everybody's concerns if I can make the next presentation. Chairman Hernandez: Before you do, so we can finish this item, there is a motion by Commissioner Regalado, seconded by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-48 A MOTION AUTHORIZING AND DIRECTING HTE MANAGER TO BRING BACK A COMPREHENSIVE PROGRAM TO CONTINUE THE STREET SWEEPING PROGRAM; FURTHER AUTHORIZING THE MANAGER TO UNDERTAKE ON AN EMERGENCY BASIS REPAIRS TO THE DEPARTMENT OF SOLID WASTE EQUIPMENT THAT ARE NECESSARY FOR A SMOOTH OPERATION OF THE SOLID WASTE DEPARTMENT; FURTHER INSTRUCTING THE CITY MANAGER TO REPORT BACK AT THE NEXT COMMISSION MEETING REGARDING SAME. Upon being seconded by Vice -Chairman Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Chairman Hernandez: Did we just take a final vote? Did we read the ordinance on item 18 and vote on it? Commissioner Gort: No. Commissioner Plummer: Did we do 18 and vote on it? The question is... Chairman Hernandez: So we can finish this, Mr. Attorney, read the ordinance on item 18. Roll call. 135 January 13, 1998 An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION RECYCLING AND EDUCATION (FY'98)" AND APPROPRIATING FUNDS FOR THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN THE AMOUNT OF $275,573, CONSISTING OF A SOLID WASTE MANAGEMENT RECYCLING PROGRAM GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AN TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION ND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Mayor Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. Commissioner Plummer: You might note on that, "as modified." Mr. City Attorney? Mr. Jones: Yes, as modified. Commissioner Plummer: As modified, with the numbers. 136 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 31. (A) EAST COAST PROPERTY WITH GROUNDBREAKING SCHEDULED FOR JANUARY 27, 1998 -- FURTHER COMMENTS BY MAYOR SUAREZ REGARDING CITY'S BOND RATING STATUS AND FINANCIAL DEFICIT AS WELL AS NEED TO HIRE THIRD BOND RATING FIRM: FITCH -- FURTHER DISCUSS NEED FOR CITY COMMISSION TO ESTABLISH PARAMETERS FOR FUTURE NEGOTIATIONS OF DELOITTE AND TOUCHE LAWSUIT --DIRECT MANAGER TO PLACE ON AGENDA OF JANUARY 27, 1998 COMMISSION MEETING DISCUSSION OF RETAINER FEE FOR FITCH AND IBCA BOND FIRMS. (B) INSTRUCT CITY ATTORNEY TO DISCUSS RENEGOTIATION OF FEE AGREEMENT WITH TEW, CARDENAS, OUTSIDE COUNSEL -- FURTHER INSTRUCT CITY ATTORNEY, CITY MANAGER, OUTSIDE COUNSEL TO RENEGOTIATE DELOITTE AND TOUCHE SETTLEMENT AND PLACE SAME ON NEXT AGENDA. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Mr. Mayor. Mayor Suarez: Thank you, Mr. Chairman, Commissioners. I am pleased to introduce two people who have worked very, very hard in putting the City's accounting and finances, and Mr. Manager, in the kind of shape that we hope that they will be forever and ever. And, in the process of introducing him to you, I think you know Carlos Trueba already. He is the slightly shorter fellow on the left, a little bit more gray hair since the last time that you saw him, possibly. And the one on my right and your right, as you look at him, is Stanley Grayson from Prudential. As I introduce them, I would like them to make a symbolic presentation to you of a check that they are not the generators of. It comes from the sale of the FEC (Florida East Coast) property, but I think it's a good moment for you to receive a gift, which is not a gift obviously. It's a sale of very important land on which a project will be started by a ground breaking which I believe is taking place on the 27th of this month. We are trying our best to have every single project that has been on the drawing boards of the City to begin as quickly as possible, including, you will be happy to hear, the Latin Quarter Speciality Center. I think we have a shot at beginning that as early as January 31. In the meantime, if Stanley Grayson and Carlos Trueba would bring up a check for thirty-seven and a half million dollars. With this check, which is in escrow... Mariano is very happy to see that of course, because... (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Well, if you would take it to the Commissioners. Mr. Chairman, I know you want this money so... Commissioner Plummer: Are you sure it won't bounce? Chairman Hernandez: Wow, that's nice. Commissioner Plummer: Oh, it's made out to the... Paid to the honor of NSF. (APPLAUSE) 137 January 13, 1998 Mayor Suarez: The money by the way, Mr. Manager has told us, has been received into an escrow account, and that escrow account is generating interest. One thing that Prudential has recommended is that we have an investment policy, and I believe it's being formulated as we speak. But informally... Commissioner Gort, you will be happy to hear this. I checked to see, and I worked with the Manager to make sure that we know how the money that we do have is invested. And I told the Treasury Management people today, and I want to inform this Commission that my estimate of the daily cash balance of the City of Miami for the fiscal year in which we are currently involved, that is to say from September 30th of last year until September 30th of '98, the daily balance should approximate one hundred million dollars ($100,000,000). Today's balance, including that money which is in escrow, is approximately... and I think another eight million that we received in real estate taxes which was expected today - Mr. Manager, I have not checked to see if that has arrived - should be a hundred and sixty-five point nine million dollars ($165,900,000). Now, this is a peak cash flow moment for the City. Don't think we are going to have one hundred and sixty-five million dollars ($165,000,000) at the end of the year. But I do estimate that the... and as soon as I can engage the Manager, because he has been doing so many things, I am going to try to convince him that we do expect, as we prepare the budget for the next fiscal year, we expect to have a... have had this year an average daily balance of one hundred million dollars ($100,000,000), and we should be generating from that at least five to five and a half million dollars. Now, what we do with the money at the end of the year if we still have a balance in that vicinity is up for this Commission to decide and for us to recommend. I can tell you that I have advised the Oversight Board, Wall Street, and I have discussed with the Manager a recommendation that we pay as much as half of our entire special obligation debt, which is the debt that they particularly dislike on Wall Street, and it's the debt that as your Vice Chairman and newly appointed Chairman of the Legal Committee will be looking at, the debt that probably should not have been incurred by the City, certainly not for operating expenses of the City. It might create a liability for a lot of bond counsel, underwriting firms, et cetera, et cetera. Mister... Commissioner Plummer: Wait a minute. I... Mayor Suarez: Five point four and five point eight is the latest... Commissioner Plummer: Wait, wait. You're talking about an average daily balance of one hundred million dollars ($100,000,000). Mayor Suarez: My estimate, Commissioner. Commissioner Plummer: OK, rough. Give or take a million, you know, we will talk about real money later. And you are only talking about a five million annual return? Mayor Suarez: Yeah. Remember, these daily balances cannot be invested in long-term investments. Commissioner Plummer: Daily return? No. Excuse me. Mr. Jose Garcia -Pedrosa (City Manager): Your investment policy, Commissioner Plummer, which is not unusual with other municipalities, including Miami which is extremely conservative and... Commissioner Plummer: Well, why don't you give it to the Pension Board? They are making 18 to 19 percent return. Mr. Garcia -Pedrosa: The pension boards make 25, 30 percent. 138 January 13, 1998 Commissioner Gort: For long-term investments. For long term investments. Mr. A. Quinn Jones, III, Esq. (City Attorney): For long-term. Mr. Garcia -Pedrosa: But those are long term investments and... Commissioner Plummer: Excuse me, I am getting... Excuse me. I am personally getting six percent on my money for a hell of a lot less than one hundred million dollars ($100,000,000). Mr. Garcia -Pedrosa: Commissioner, at the... One of the things that... Commissioner Plummer: Why would you take less? Mr. Garcia -Pedrosa: I don't want to take less. One of the things that we are going to be bring to you... Commissioner Gort: We have got a policy... Mr. Garcia -Pedrosa: ... is a change in the policy to do one other thing that you are not permitted... we are not permitted to do now, and that is to invest in equities. Equities is what really has driven the market up lately, in the last five years. Mayor Suarez: Equities are also... Commissioner Plummer: Well, Mr. Mayor, I think you will be happy to know that we have a policy, established a policy here, that all monies coming from the sale of real estate cannot be disbursed by anyone without a unanimous five -member vote of this Commission. So, nobody is going to be running anywhere with any dollars unless it is a unanimous vote of this Commission. Mayor Suarez: And that philosophy is in line with mine, and is in line with what I have expounded at every step of the way. Remember, the idea is if we have capital in from sale of lands, we use it to pay capital debt. We don't use it for operating expenses of the City. But you do want to reduce debt at some point because we're paying... I know the general obligation debt of the City is running us about twenty million dollars ($20,000,000) a year, and the special obligation, some similar amount. So we want to reduce those payments, because they are taking money away from our ability to operate the City. Commissioner Plummer: I know. Mayor Suarez: The Appendix G, that you approved for submission to the... Commissioner Plummer: Oversight. Mayor Suarez: ... Oversight Board, we're slowly working that up and giving you more and more detail. But let me tell you that it looks very, very plausible. And with Prudential's help, and Trueba and Rodriguez, and KPMG... although we don't have financials yet. We hope to have the financials by... for '97, by the end of January, which is two months earlier than last year. Still not as early as I would like to have them. I am expected by the way and I have been asked by the State Legislative... Joint Legislative Auditing Committee to testify, once again before them on January 20th. That's the day after Martin Luthur King. And I don't know that I will have the full financials, but at least some draft financials. And I am lighting a fire under KPMG to do that, and Mr. Trueba has helped a lot with his partner in giving us figures. But all of the components of that proposed 18 percent tax reduction are in place. And I think, as you will hear continuing presentations from me, and documentary proof of the possibility that we can do that, 139 January 13, 1998 you will be satisfied as we move forward towards the end of the fiscal year. A few things were left out. Mr. Plummer, you will happy to hear this. A few things were left out and makes our projections, perhaps, conservative. For example, I want you to know that I have asked the Manager to lead negotiations with Deloitte Touche. The Manager and I have talked about the kinds of possible settlements or judgements that might be obtained in that lawsuit, and his estimates, his estimations, his estimates are a little bit more bold and optimistic than mine. Perhaps, because he was involved in obtaining the largest single judgment in a savings and loans scandal in history of one hundred and ten million dollars ($110,000,000). And he was relating to me, when settlement discussions were engaged in that and how he dealt with that, and I can see a huge figure coming from that. In addition, I mentioned that I have discussed with Commissioner Gort and I believe with the Vice Chairman and the Chairman the possibility of other parties being involved in those lawsuits for the covenants to budget and appropriate special obligations that the City engaged in from '93 to '96, in which we're... Some of which were used for operating expenses. That's a no, no. We've also, just yesterday, found out that there is another possible large infusion of money into the City coffers coming in, again, basically related to land sales or land use. An easement that is needed by Dade County and its airport for a... an outflow of some of the waters that are being cleaned up in relation to the airport environmental mess that they've got. And, the Manager met yesterday, I was not able to be back in time from my testimony to the Senatorial Committee that was in town, but the Manager met with Arcenio Milian who is consultant for the County and that will be also a purchase of an easement from us. They are considering either a purchase or a lease of an easement. I always lean favorably towards purchase, but I am sure the Manager will brief you on your preference. In either case, we are talking six figures and maybe quite a few in that first digit in a six figure range. That's another infusion. And, we still have not abandoned hope of selling some of the other properties that are on the City's divestiture list, including a possibility of selling Marine Stadium, and a possibility of selling the MRC (Miami Riverside Center) building, and I want to report to you, if the Manager hasn't already, that the sale of the Winn -Dixie property proceeds at pace and that five point seven million should be coming in, I believe by the first quarter of this year. We have some other good news, and of course, the City's tax base will be growing faster than a lot of people anticipated, and we have some major announcements being made by private sector developers, one of which I think will be as early as this Friday. I just want to thank Prudential and invite those of you who have not been invited to a dinner that they are going to give tonight. I think the Vice Chairman has already accepted the invitation. They are going to be with us tonight, and they have done a magnificent job for 60 days without payment. And, Stanley Grayson went with me to every single meeting with every single rating agency in Wall Street. And, he can tell you, if he would just address the Commission for a second, and tell you that the toughest one of all, Standard and Poors, their reaction is, we want to come to Miami. So, as soon as we are ready for them, as soon as we have our numbers ready for them, as soon as the Manager gives the go ahead that we can have our City inspected and our finances inspected upside down, we will have Standard and Poors in Miami. If I may introduce, Stanley Grayson, for a second. In addition to being a Holy Cross, and a University of Michigan Law School graduate, and a great basketball player at Holy Cross, he was Deputy Mayor of the City of New York for six and a half years, under a Mayor who made more headlines than I do. Commissioner Plummer: I would argue that point. Mayor Suarez: No, no way. No way. [APPLAUSE] Mr. Stanley Grayson: Members of... Commission members. Commissioner Plummer: Frank Smith. 140 January 13, 1998 Mr. Grayson: Let me just say, my name is Stan Grayson on behalf of Prudential Securities. It's an honor to be here and I want to thank each and every one of you for the opportunity to... that we've had to work with members of this administration. I think it has been an interesting assignment, not that it's over. I think there's an awful lot that needs to be done, but I think these last two months have been very informative, very eye opening. As the Mayor said, I think the rating agencies are very important, I think in terms of the selling process that the City must undertake because that rating will reflect your ability to borrow and at what cost. I think they are anxious and watching what we do and how we do it. And, I think as the Mayor said, they are anxious to come and I think in the next few weeks you will start to see them coming into the City of Miami, having a presentation on its finances and key initiatives. I think all leading towards fiscal stability, which I know is a goal for all of us. Commissioner Plummer: Can you count to five? Mr. Grayson: Yes. Commissioner Plummer: Yes. OK. Where is the party tonight? Mayor Suarez: I know I shouldn't have said it. Mr. Grayson: Where is it, Capital Grill? Where is it? Capital Grill at seven thirty. Commissioner Plummer: Oh, oh, oh. Pro Bono, huh? Open bar. Yeah, right. Vice Chairman Teele: Mr. Chairman. I really thought that it would be a... we wouldn't have the numbers ready for Wall Street to come down until late June, July, August. But, recognizing the realities of New York, I would strongly recommend that the Mayor coordinate with Butch Berkholtz and let's see if we can get them down in a time frame that would be advantageous in March... Mayor Suarez: That's a great idea. Commissioner Plummer: We will even give them a parking space. Mayor Suarez: We are not ready to ask you for this, but you would at least consider the possibility of giving us authority for and perhaps, Mr. Manager, for the next Commission meeting, giving us authority, and Mr. City Attorney, whatever is required to go ahead and engage the third rating company, Fitch. They require a ten thousand dollar ($10,000) up front payment and have promised to give us a provisional rating before they go forward to the next step, and that's something that would help us very much because if it's a very favorable rating, we can move forward, if not, we can just forget all about it. They have met with us and they have spent some time going over our finances, but... Commissioner Plummer: Five minutes. Mayor Suarez: ... om amu evemt we are not here to present that to you. I do, once again, want to thank you and Mr. Vice Chairman, if it's OK, for myself and Mr. Grayson to take up about five minutes tomorrow before the Oversight Board. What time are they expected to hear from us? Mr. Garcia -Pedrosa: I have the answer. The board convenes at two o'clock. Mayor Suarez: I will work it out with you to see what's the best time for us to be present. Are you going to be representing the City at that? 141 January 13, 1998 Vice Chairman Teele: Yes, sir. The Manager is the representative of the City and I am liaison. Mayor Suarez: OK. You are always so technical. That's why we love you. Vice Chairman Teele: Well, on that point, Mr. Mayor, very seriously, because I do think there is very important issue that may appear to be technical. But I really think that the Manager should confer with the Attorney before he does anything on the Deloitte Touche because I think they ought to read the Charter. Mayor Suarez: Well, I... Vice Chairman Teele: I think they really should read the Charter together, and they should read.... Mayor Suarez: Remember, we have outside counsel on that, that has not been changed yet. Vice Chairman Teele: All outside counsel reports to the City Attorney. Mayor Suarez: But I believe that outside counsel contract was entered into with the City Attorney's recommendation. By the way, on that point, and again being technical, you should know that with the Manager's consent and with the City Attorney's - I believe - cognizance, we are proceeding to renegotiate that contract with those counsel to be a little bit more favorable to the City of Miami. At the time in which we would like you to change your original resolution on that, we will bring it back to you. But, yes, obviously, the City Attorney should be present on all of those, yes. Chairman Hernandez: Mr. Mayor, you... Commissioner Plummer: Well, you know, the one thing that I will tell you right up front, don't come to this Commission at the last minute, dump on out laps and say it's this or nothing. I am saying to you and to your counsel and to your advisers, to everybody, take this Commission into consideration as you proceed along to negotiate. Let us set some parameters because we are going to be final vote, as I understand it, and as such, I don't want to be at the very last minute, it's either this or nothing. So, I... Mayor Suarez: You are going to get as many briefings as you would like. It is an extremely complex area of the law. Commissioner Plummer: You didn't listen to me, Mr. Mayor. Mr. Mayor, I am saying, this Commission, is going to set the parameters of what they can negotiate as we do in labor negotiations. And, as far as I am concerned, we can call, what do you call those special meetings? Executive sessions, and I think, Mr. Chairman, you should call such so that we can sit down and we can set the parameters of what they have the authority to negotiate. Because the final word is going to be up to this Commission to make the final decision. Mayor Suarez: That's interesting. Mr. City Attorney, at the last Commission meeting the Commission approved and I later signed into ordinance, into law, a waiver of confidentiality when we are negotiating claims against us. Commissioner Plummer: That's correct. Mayor Suarez: But that doesn't apply to a claim that we are exerting against someone, does it? 142 January 13, 1998 Mr. Jones: No, it only... No, it doesn't. Mayor Suarez: So, we can, yes. We can maintain executive session... Commissioner Plummer: Privilege. Mayor Suarez: ... privilege. Commissioner Plummer: Right. Mayor Suarez: ... and by the way, the parameters are very simple. I presume knowing you, the more the better. Commissioner Plummer: I don't have any problem with that, but I am worried about the little amount. Mayor Suarez: The scary part is when you are ready to go to trial or ready to file a complaint if the settlement negotiations don't bring out a figure that you are happy with. And, that's where I, frankly, after my discussion with the Manager, I want to tell you this, I want to defer to him a lot on this because he has done that, you know, in situations that are even more complex than the one we are dealing with plus there is another thing that is very important, Commissioner, and that is, in my campaign for the Mayoralty, I made a lot of statements about the kinds of accounting that were being done by Deloitte Touche versus KPMG, and I would like those statements and those positions that I took publicly to affect as little as possible, these negotiations because as you remember, I criticized or I defended to some extent Deloitte Touche. But, on second review of the liability and when I see, when I finally understood, you know, these appropriation bonds that the City issued mostly from '93 to '96, it became clear to me that there is some major, major, liability here. When I then discussed that with the Manager and he gave me his insights on what he went through in the ESM case and how they got one hundred and ten million dollars ($110,000,000) worth of judgments, I began to think, you know, here's the person that maybe should lead that and of course, he will make a recommendation to me, I will make a recommendation to you, and I will brief you as much as possible, as much as you would like, in individual meetings which I can do with you, or collective meetings and executive sessions. Commissioner Plummer: Well, I think it should be collective meetings because it is this Commission who collectively and totally will make the final decision. Mr. Mayor, the only thing I am saying is, that you are well aware, the two members of this Commission, and I am the only one still here that got burnt on the first offering. It was convenient that I and another Commissioner were out of town when that matter was brought before this Commission. Mayor Suarez: Well, that's I think, the reason for looking at those numbers. Commissioner Plummer: So, I want to make sure that that doesn't happen again. Mayor Suarez: And, by the way, in that relation I also want to thank a State Representative, who is a lawyer and a CPA (Certified Public Accountant) who has been helping the Manager and myself to renegotiate that and bring it back to you, and that is, Jorge Rodriguez-Chomat. He has been very, very, emphatic, aggressive, thorough in his renegotiation of that as we bring it back to you for your modification of that contract, because we would like to pay as little as possible to the lawyers and pay as much as possible to the City. Chairman Hernandez: Mr. Mayor, you are recommending that we deal with the retainer fee for Fitch for what? 143 January 13, 1998 Commissioner Plummer: On the next agenda. Chairman Hernandez: Ten thousand dollars ($10,000)? Mayor Suarez: For Fitch, yes. If you want to do that today, or if not, at the next Commission meeting will be fine. Commissioner Plummer: No, no. Put it on the next agenda. Let's put it... Chairman Hernandez: It's a ten thousand dollar ($10,000) fee? Mayor Suarez: Yes, sir. Mr. A. Quinn Jones, III (City Attorney): Mr. Chair, if I could. Chairman Hernandez: Yes. Mr. Jones: And, I am glad you raised this, because I received a phone call from the member of the Oversight Board that's... that has been given the responsibility to review contracts, expenditures and the like. And, of course, he indicated to me that he was somewhat confused because of the statement that had been made before the board, before that... this retainer agreement was being renegotiated. Well, my response to him was that this Commission approved a retainer agreement for this firm and there has been no action by this Commission one way or the other rescinding that resolution or any indication that this Commission were going to modify. So, I need some direction from you, because I am sure the question may come up at the Oversight Board tomorrow. I mean, right now, we are at a standstill so to speak because he is reluctant to approve the retained agreement. I don't know what... Vice Chairman Teele: All right. Mr. Chairman. Mr. Jones: ... that does to Mr. Tew and his office in terms of representing or continuing to represent the City. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, again, I think what we are dealing with now is an example of this growth of this change in government. Before the Mayor - and I respect Mayor Suarez who is a very, very capable lawyer - served as a member of this board, as a Mayor - Commissioner, the change in the Charter basically takes all legal responsibilities out from under the office of the Mayor, and the Mayor has absolutely no authority, no authority, as it relates to the Clerk's Office and the Legal Department. The... Chairman Beatty has called my office twice on this same issue. I responded earlier today around two o'clock with a letter to him, which I copied to you, which essentially says what the attorney... And, I apologize to the attorney in that I didn't get... because he wanted something in writing, and that letter simply says, the Commission has approved that agreement, the agreement in question, it has not been rescinded. To my knowledge, there is no pending... It simply says that by way of background " ... on November 1, 1997, the City Commission passed and adopted a Resolution 97-784, which approved the engagement and fee schedule for Tim Gardner. There has been no subsequent action by the City Commission rescinding the previous action. Accordingly, Resolution 97-784 is a valid enactment which authorizes the lawsuit to be initiated and thus proceed to a conclusion. Only by way of subsequent action by the Commission can a legal engagement be modified or terminated. There does not appear to be a pending action to do so." And, I hope this will allay your concerns. So, I think, you know, the problem here is that we have got the Oversight Board responding to different statements or concerns, and one of the reasons that we 144 January 13, 1998 have a liaison that's a Commission Liaison, and of course the Manager, who is speaking on behalf of the Mayor on all of these matters, is to make sure that we do keep the wire straight. And, I just think that it's important, if the Mayor does have a concern, obviously the Chairman or myself would be more than willing to sponsor legislation or at least advance legislation that would deal with any issue that you want, or you can use the Manager's office. But, I do think that we need to have some certainty that until there is a formal action, the lawsuit precedes and the only person that is authorized to deal with the lawsuit is the City Attorney and his designee, Tim Gardner or whatever the name of that firm is. Mr. Jones: Tew Cardenas. Chairman Hernandez: Tew Cardenas. Mayor Suarez: It's Tom Tew's firm. There is a confluence of authority here, in that by being Chairman of the Legal Committee too, and being liaison to the Oversight Board, you can keep us all apprised of the progress of this. I understood that the Oversight Committee at the first meeting that I attended right after my election, informed me that the contract with Tew and Cardenas was not out for consideration because it had never been brought to Mr. Beatty's subcommittee which could then recommend it. I don't know that it has been brought. My idea was... Vice Chairman Teele: It's pending right now, Mr. Mayor. Mayor Suarez: Exactly. Vice Chairman Teele: And, that's the issue. Mayor Suarez: Exactly. And, my idea was that while it was pending, and in view of what I have heard to be concerns as expressed by Commissioner Plummer today, et cetera, and the Chairman Hernandez, that we... And, since you weren't on that Commission either, and our analysis of it was that it was a little bit favorable to the law firm that we renegotiate that. If you believe and I think correctly suggest, that the City Attorney should take the lead in that renegotiation. It is still proper because unless you are expecting tomorrow to make a recommendation to the Oversight Committee on it, there is still time. But, sooner or later, you are right, that we have got to get a contract. In the meantime, I think they are being paid on a reasonable fee basis, that actually may end up being more money than if we entered into that contingent fee agreement. I was just saying and for reasons that I will tell you privately too, if I may, because I would rather not spread them over the public record, that there is a reason also why both the City Manager and I have got to consult on this a lot because of prior associations with that firm and because of his particular experience and my particular political pronouncements. We just want to make sure that we are so careful that this board is kept approsed. The City Attorney, of course, involved. It was his recommendation, I presume, to hire Tew Cardenas. Is that correct, Mr. City Attorney? Mr. Jones: Yeah, it was my recommendation but it was this Commission's decision. Mayor Suarez: And, you know that we get the absolute maximum for the City. Vice Chairman Teele: Mr. Mayor, I mean, if this will move it on, I would have no problem asking the City Attorney, the City Manager and the outside firm to sit down and discuss a renegotiation of the fees, and to make recommendations jointly or independently for the next Commission meeting. Commissioner Plummer: Second the motion. 145 January 13, 1998 Mr. Garcia -Pedrosa: Let me ask you, Mr. Vice Chairman, if you would kindly exclude me... Chairman Hernandez: Uh-huh. Mr. Garcia -Pedrosa: ... from that group for the reasons stated by the Mayor. Vice Chairman Teele: Oh, I thought he wanted you in. Mr. Garcia -Pedrosa: No, he didn't want me in there and I don't want to be in there. Chairman Hernandez: No, only the City Attorney. Mr. Garcia -Pedrosa: We were both associated with that firm in the past... Chairman Hernandez: Yeah, they were partners. Mr. Garcia -Pedrosa: .... and I want to avoid any appearance. Chairman Hernandez: The City Attorney. Vice Chairman Teele: Well, I mean, obviously you could designate your assistant. Mayor Suarez: I am sorry, Mr. Vice Chairman and Mr. Chairman, there was a little confusion. In negotiating the contract, it's probably not a good idea for him to be involved, keep a Chinese wall. But, in the... negotiating a settlement, it's an extremely good idea for him to be involved. Vice Chairman Teele: Yes, sir. Mr. Garcia -Pedrosa: That's what he was saying. He wanted me to get... become involved with the Deloitte settlement, not with the Tew Cardenas issue. Vice Chairman Teele: Yeah, but there can't be a settlement until the lawyers say we are ready to start talking settlement. Commissioner Plummer: That's it. Vice Chairman Teele: And, until then, you know, it's... But, if you would like your Assistant Manager, who is obviously, you know, well positioned, I think the three of them should meet, and the Chinese wall would relate to you. Chairman Hernandez: Is that good enough, Mr. City Attorney? Mr. Jones: I just want a directive from this Commission. If it's the will of this Commission for me to renegotiate, then I would like that in the form of a motion. Vice Chairman Teele: No, I think the three parties... Chairman Hernandez: That's the will. That's the will. Vice Chairman Teele: ... the Attorney, the Manager, Assistant Manager and the outside Counsel should meet. Commissioner Plummer: I second the motion. 146 January 13, 1998 Chairman Hernandez: Motion by Vice Chairman Teele. Seconded by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Mr. Mayor, is that it? OK, thank you, very much. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-49 A MOTION INSTRUCTING THE CITY ATTORNEY, CITY MANAGER'S DESIGNEE AND REPRESENTATIVE(S) OF OUTSIDE COUNSEL FIRM OF TEW, CARDENAS TO SIT DOWN AND DISCUSS THE ISSUE OF RENEGOTIATION OF DELOITTE TOUCHE SETTLEMENT; FURTHER INSTRUCTING THE ADMINISTRATION TO PLACE SAME ON THE AGENDA FOR THE NEXT COMMISSION MEETING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 32. ACCEPT $13,500.00 TECHNICAL ASSISTANCE GRANT FROM UNITED STATES DEPARTMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION -- FOR MARKETING FEASIBILITY STUDY ANALYSIS TO RE -USE BOBBY MADURO STATIUM -- ALLOCATE $4,500 TO MATCH FROM PROFESSIONAL SERVICES ACCOUNT 66101-270. Chairman Hernandez: Item number 20. Commissioner Plummer: Longest five-minute presentation I ever saw. Chairman Hernandez: Item number 20. Commissioner Plummer: Move it. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. 147 January 13, 1998 Chairman Hernandez: Unanimous vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-50 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A TECHNICAL ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, IN THE AMOUNT OF $13,500, FOR A MARKETING AND FEASIBILITY STUDY TO ANALYZE THE RE -USE OF BOBBY MADURO STATIUM TO SERVE AS A CATALYST FOR ECONOMIC DEVELOPMENT; FURTHER, ALLOCATING THE REQURED LOCAL MATCH, IN THE AMOUNT OF $4,500, FROM THE FY '98 PROFESSIONAL SERVICES ACCOUNT, NO. 660101-270, DEPARTEMNT OF PLANNING AND DEVELOPMENT, DIVISION OF PLANNING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 33. (A) EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: BOBBY MADURO STATIUM PROGRAM -- APPROPRIATE $18,000. (B) INSTRUCT CITY MANAGER TO PROCEED WITH REQUEST FOR PROPOSALS -- FOR ASCERTAINING WHETHER TO CONTINUE TO MAINTAIN BOBBY MADURO STADIUM AND RETURN WITH SAID PROPOSALS BY MAY, 1998. Chairman Hernandez: Item 21, emergency ordinance. Commissioner Plummer: Second. Chairman Hernandez: Motion by Commissioner Gort, seconded by Commissioner Plummer. Read the ordinance. Ms. Arleen Weintraub (Director, Community Planning & Development): Excuse me. Arleen Weintraub from Planning and Development. On item number 21, I just wanted to note that there is an error in the title. The funding source is incorrectly stated, and I want to put that on the 148 January 13, 1998 public record. It should be, correctly, United States Department of Commerce, the Economic Development Administration, as the rest of the ordinance states. Thank you. Chairman Hernandez: Thank you, Arleen. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE TITLE INTO THE PUBLIC RECORD]. Chairman Hernandez: Mr. Cruz. Mr. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. And you can see by my address, I live about three blocks from the stadium there. And might as Mayor Suarez said, I would like to see the implementation. All these studies and plans or whatever, because this is 1998. In April of 1996, I was there together with Mr. Rolando Llanes (phonetic) from UM (University of Miami), Father Jose Luis Menendez, Angel from the Rafael Hernandez Community Based Organization, and many other people. You know, there were charrettes about the stadium and all that, and nothing was done in two years. I don't know now if this is going to be just another study, eighteen thousand dollars ($18,000) for an expert, and then shelve it, because, you know, the Administration is responsible for whatever happens to the Bobby Maduro Miami Stadium. Even that day, Jorge Maduro was here that day, too, I remember, the son of the late Bobby Maduro. And when the homeless were brought to the station, the Nicaraguan refugees in 1988, that was when the problem start there, because then, everybody was coming later on to the Bobby Maduro there, because they were given free room and board. And then the word spread throughout the neighborhood. And they went to the produce market where there used to be only one or two homeless. I remember one, McArthur Douglas, and the other homeless that was on ten thousand and twenty-one street that was sleeping there. There were about two or three homeless people only in 1988. Then after that, we get the big problem. Everybody left Bobby Maduro, and the problem remains there, and it's still there. I don't know... I'd like to see that... it's eighteen thousand dollars ($18,000), use it and implement either housing, for the stadium or whatever, but not another, one more study for the stadium. Thank you. Chairman Hernandez: Thank you, Mr. Cruz. Roll call, please. Commissioner Plummer: Wait, wait, wait. Mr. Chairman. Chairman Hernandez: Yes. Commissioner Plummer: Mr. City ... hello? A. Quinn Jones, III, Esq. (City Attorney): I'm here. Mr. Jose Garcia Pedrosa (City Manager): I'm here, sir. Commissioner Plummer: There is the empty chair. Mr. Manager, as Commissioner Teele told you earlier, I fail to find the emergency need of this item. If you ever had to justify these things, nobody... I mean, in Bobby Maduro Stadium, I was embarrassed to see a picture in the paper the other day that the weeds are at least five foot high. And you're sitting here telling me that a study is an emergency need. You know, I mean, this is ridiculous. So all I'm saying is, I think it's a good idea, but I want to know why you're only doing this one, when the Marine Stadium is just as much of an embarrassment, and nothing is being done over there. And that's in my district. Mr. Garcia Pedrosa: Let me ask Arleen to explain to you. 149 January 13, 1998 Commissioner Plummer: Sir, you're going to find it difficult... If you want to argue about it... I'll make it at the first reading, but I just don't see that this is that kind of a scenario, unless it's very poor planning on your part, that didn't do it as the time permits. So all I'm saying is, we've got emergency items running out of our ears that I fail to see as an emergencies. And I want to know why the Marine Stadium isn't being done. Ms. Weintraub: This was placed on the agenda with the anticipation that we would be awarding a contract for the purpose of conducting the study. It does not... Commissioner Plummer: To do a study. Ms. Weintraub: Yes. As the EDA (Economic Development Administration) grant... Commissioner Plummer: How about awarding a contract to mow the grass? Ms. Weintraub: Well, we did apply for this grant to the Federal Government, and we felt fortunate to receive the grant. I think that what you suggested, we will put forward. Commissioner Plummer: Does the grant says that if you don't do it by the end of January, you lose it? Ms. Weintraub: No, sir. And that's what I was going to say. We can do this as a nonemergency basis, based on our recent information. Commissioner Plummer: It's already listed that way. I'm just saying to the Manager, as Commissioner Teele said this morning... Commissioner Gort: J.L., excuse me. As was stated before, we had a study come in front of us. There's a group of people that spent two years looking at the charette with the neighborhood. They came up with an idea. We just want to see if it's feasible or not, because we've got to make a decision on this. Ms. Weintraub: Correct. Commissioner Plummer: Excuse me. Mr. Gort, I am not speaking to the issue. I'm speaking to the emergency aspect of it. That's all I'm speaking to. Chairman Hernandez: Roll call. Call the question. Roll call. 150 January 13, 1998 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "BOBBY MADURO STADIUM PROGRAM" AND APPROPRIATING FUNDS FOR THE PROGRAM IN THE TOTAL AMOUNT OF $18,000 CONSISTING OF A $13,500 GRANT FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, AND A $4,500 CASH MATCH FROM THE CITY OF MIAMI DEPARTMENT OF PLANNING AND DEVELOPMENT, PLANNING DIVISION, FY'98 BUDGET, PROFESSIONAL SERVIECS ACCOUNT NO. 660101-270, CONTAINING A REPELER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Plummer, 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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Mayor Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Mayor Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11595. 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 Hernandez: Item 22. Commissioner Plummer: Move it. Vice Chairman Teele: Mr. Chairman, may I just inquire of Commissioner Gort? I understand we're talking now about doing an emergency to award a contract. Has the contract been advertised? 151 January 13, 1998 Ms. Weintraub: No. My statement was that we could not... we were not forced to do it as an emergency as of a few days ago, because we are not ready to award. So as it... Vice Chairman Teele: Has the contract been advertised? Ms. Weintraub: It has not, but it will be so in the next week or so. Commissioner Plummer: Big emergency. Vice Chairman Teele: Well, I mean... Ms. Weintraub: It was anticipated earlier that we would be in that position. Vice Chairman Teele: The only question that I have... And this is Commissioner Gort's area, and I don't want to interfere. But one of the policies that we're looking at, in terms of a core initiative is, how can we get land out of City ownership and return it to the tax rolls. Commissioner Plummer: Yeah. Vice Chairman Teele: And that should be our number one concern, as it relates to all these wonderful things the Mayor is talking about. Because that, believe it or not, is better money, because that's year after year after year money. The question is, Commissioner Gort, why don't we - and maybe there's a simple answer - but why don't we just go out and request Requests for Proposals from the world on the redevelopment of Bobby Maduro Stadium? Commissioner Gort: My understanding is in the past, we've had it. Unfortunately, we had only two individuals to come forward. Vice Chairman Teele: Say again? Commissioner Gort: We had that in the past. We had two nonprofit organizations come forward, and realized they didn't have the funding. And they had a study on how to maintain the stadium. And in reality, we didn't feel it was feasible. I think that's why we're doing this study... Vice Chairman Teele: So what we're saying is that... Commissioner Gort: ... to see what's the best use of the land. Vice Chairman Teele: ... there's nobody out there in the world that will come in and redevelop the Bobby Maduro Stadium, if we went... When is the last time we went out with an RFP (Request for Proposals)... RFQ (Request for Qualifications)? Commissioner Regalado: Mr. Vice -Chairman, if I may. Several months ago, I remember that the Administration came with an idea of rezoning the area. I pulled that item, because I was shown a study done by private enterprise that showed that if we were to change that area in terms of zoning to build warehouses, to demolish the stadium would cost more than the City would get to sell the land. Vice Chairman Teele: My only concern is... and I say this in the spirit that I hope it's not misunderstood. I am sick and tired of every decision that this Commission makes, or that is made on behalf of this government being made under a palm tree, an olive tree, or an apple tree, or under whatever tree. I think we need to get out in the sunshine on some of this stuff. I don't think there's anything wrong with requesting Requests for Proposals from the world on 152 January 13, 1998 redevelopment. And a part of the request could be, "Tell us what kind of zoning you want. Tell us what kind of zoning you need. Tell us what kind of land use you want. Tell us what kind of soft money you want." But as far as I'm concerned, there is a much bigger universe than the people that we may talk to at our various restaurants and around town, here and there. And I think it's very, very important that we try to establish moving these projects forward, particularly those that could generate tax dollars for this community. And unless someone tells me that we've done an RFP within the last year or two years, then I still see no reason why we don't do that at some point. Has it been done? Commissioner Gort: My understanding is the Mayor... We had an RFP for the... what to do with the stadium about a year or two years ago. Vice Chairman Teele: What to do with the stadium. But see, that... Commissioner Gort: No, no. What to do... what to build there. There was a program, people came out to do housing and so on. They were to come back to us with a study, and they never did. So I agree with you. I think the reason we're doing this study is to see... Vice Chairman Teele: I mean, but, see, this is my point, Willy. There are a lot of firms out there that will pay for the study themselves - we don't have to pay for the study - that will come out and say, "This is what we recommend doing." Somebody may say, "I think we ought to build a mini hockey ring here." Somebody else may say, "We ought to build housing." Someone else may say, "We ought to build nursing homes for the hospitals." Someone else may say, "We want to do something else." But I just think until we give the free forces of the marketplace a chance to act, we're shutting off our own opportunities for citizens to input. Chairman Hernandez: Arleen, are we doing an RFP? Commissioner Gort: If you want to... Vice Chairman Teele: And I'll do whatever the Commissioner that represents the district wants to do. Commissioner Gort: If you want to, what I would like to do, if possible... and I agree with you. Let's make a motion that an RFP will go out, and the RFP should contemplate... how long is this study going to take? Ms. Weintraub: It would not be lengthy. I would say 30 to 45 days. If I may... Commissioner Gort: An RFP... go ahead, I'm sorry. Ms. Weintraub: The purpose of this study, which is being funded by a Federal grant, providing technical assistance to us, the City, to procure a study that would then establish... because of so many different ideas, there have been different proposals from different arenas coming up. It would, in fact, analize the reuse of the stadium, and then outline the correct... or at least recommend, and we would be back before this Commission, the proper disposition, strategy or reuse. Commissioner Regalado: How long would that take? Vice Chairman Teele: No, no, no. No, ma'am. Commissioner Gort: No, no. My understanding was... 153 January 13, 1998 Vice Chairman Teele: Commissioner... Commissioner Gort: My understanding was, and what I have read, not the reuse of the stadium, but if it was feasible or not... Vice Chairman Teele: "Reuse" is what she said. Commissioner Gort: ... to reuse the stadium. Ms. Weintraub: Correct. Commissioner Gort: This... They might come back saying to do away with the stadium. Ms. Weintraub: That's correct. Commissioner Gort: There's several groups that would like to maintain the stadium. We're looking into the study to see if it's feasible for the City to maintain the stadium. It's my understanding... Chairman Hernandez: OK. What is your motion, Commissioner Gort, on item 22 - I'm sorry - on item 21? Vice Chairman Teele: Mr. Chairman, I would like to approve item 21, but I would ask Commissioner Gort to consider instructing the staff to go out with an RFP... Commissioner Gort: To do an RFP, I agree with you. Vice Chairman Teele: ... that would overlap this. In other words, the study would go out, come back, and let's say, assume that we're on the street by May 1 for 90 days with a request for anybody to recommend whatever they'd like to do there. Commissioner Regalado: That's right. Vice Chairman Teele: It's to our interest to move that property. Commissioner Gort: Absolutely, Art. Chairman Hernandez: OK. Can you read the ordinance with those modifications included in it, Mr. Jones? Mr. Jones: Well, the ordinance was already made. I mean it was already read. Chairman Hernandez: Oh, you read it? OK. So then it's a motion by Commissioner Gort. You want to adopt that into the... Vice Chairman Teele: No, a separate motion. Commissioner Gort: It's a separate motion. Chairman Hernandez: It's a motion by Commissoner Gort. Mr. Jones: No, you don't want that in the ordinance. You want to... if... Commissioner Gort: That's a separate motion. 154 January 13, 1998 Mr. Jones: You want to incorporate that as as separate motion. Commissioner Gort: Right. Chairman Hernandez: Motion by Commissioner Gort, seconded by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 98-51 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT THE DIRECTOR OF THE ASSET MANAGEMENT DEPARTMENT TO PROCEED WITH A REQUEST FOR PROPOSALS FOR THE PURPOSE OF ASCERTAINING WHETHER IT IS FEASIBLE TO MAINTAIN CITY OWNED BOBBY MADURO STADIUM; FURTHER INSTRUCTING THE MANAGER TO COME BACK WITH SAID PROPOSALS SUBMITTED WITHIN 90 DAYS (BY MAY, 1998). Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 34. AUTHORIZE SETTLEMENT: DONNA M. BALLMAN ($5,750) -- STEPHEN M. CODY ($9,516) -- MICHAEL FINGAR ($1,350) IN PULSE (PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC) CASE NO. 97- 75557-CA-10. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 23. Commissioner Plummer: What about 22? Chairman Hernandez: Twenty-two, I'm sorry, 22. Commissioner Gort: I moved it. Vice Chairman Teele: Second. Chairman Hernandez: Moved by Commissioner Gort, seconded by Vice Chairman Teele. All those in favor, say "aye." 155 January 13, 1998 Commissioner Regalado: Aye. Vice Chairman Teele: Aye. Chairman Hernandez: Aye. Commissioner Gort: Aye. Commissioner Plummer: Show me a negative vote. We retained outside counsel pro bono to do this work in behalf of the City, and I don't think that they did anything in behalf of the City. And for that reason, I vote no. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-52 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY A FINAL JUDGEMENT AWARDING ATTORNEY'S FEES, IN THE SUMS INDICATED, TO DONNA M. BALLMAN, P.A., $5,750, STEPHEN M. CODY, ESQ., $9,516, AND TAXABLE COSTS OF $1,350 TO MICHAEL FINGAR, FOR A TOTAL OF $16,616, IN FULL AND OCMPLETE SATISFACTION OF ANYAND ALL CLAIMS, DEMANDS AND JUDGEMENTS AGAINST THE CITY OF MAIMI, IN PULSE (PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC.), ETAL V. CITY OF MIAMI ET AL., CASE NO, 97-7557-CA-10 WITH SAID FUDNS TO BE PROVIDED FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE NO. 515001.424401-661. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: Commissioner J.L. Plummer, Jr. ABSENT: None. 156 January 13, 1998 ---------------------------------------------------------------------------------------------------------- 35. AUTHORIZE SETTLEMENT: ENA GARCIA ($60,000) -- CASE NO. 97- 6795-CA(02). ---------------------------------------------------------------------------------------------------------------- Vice Chairman Teele: Next item. Chairman Hernandez: Item 23. Vice Chairman Teele: So move. Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-53 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ENA GARCIA, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $60,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NO. 97-6795-CA(02), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MAIMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSRUANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.424401.653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 157 January 13, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 36. APPROVE ENGAGEMENT OF DANIELS, KASHTAN & FORNARIS (OUTSIDE LEGAL COUNSEL) -- FOR GREGORI INTERNATIONAL OF FLA, INC VS. CITY -- ALLOCATE $35,000 FROM SELF INSURANCE AND INSURANCE TRUST FUND. Chairman Hernandez: Item 24. Vice Chairman Teele: So move. Chairman Hernandez: Moved by Vice Chairman Teele. Commissioner Plummer: Second. Chairman Hernandez: Seconded by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. 158 January 13, 1998 The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-54 A RESOLUTION APPROVING THE CITY ATTORNEY'S ENGAGEMENT OF THE LAW FIRM OF DANIELS, KASHTAN & FORNARIS, P.A., TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN CONNENCTION WITH THE LAWSUIT, GREGORI INTERNATIONAL OF FLA., INC. VS. CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 97-16935-CA (20), IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS THEREFOR FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT NO. 515001.424401.661. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 37. AUTHORIZE SETTLEMENT AGREEMENT IN FLORIDA PANTHERS HOCKEY CLUB, LTD. ET AL V. MIAMI SPORTS AND EXHIBITION AUTHROITY ET AL, CASE 96-2168-CIV-MOORE. (B). DISCUSSION REGARDING NEED FOR CITY ATTORNEY AND OUTSIDE COUNSELS TO MEET WITH COMMISSINERS TO DISCUSS PENDING LAWSUITS -- FURTHER REQUESTING GLOBAL SETTLEMENT FIGURES OF MANAGEMENT ISSUES DEALING WITH DECOMA. ---------------------------------------------------------------------------------------------------------------- A. Quinn Jones, III, Esq. (City Attorney): Mr. Chairman, if I might, at this juncture, since that is the last legal item, I sent to the Commission on last Thursday a memorandum relative to the consent needed in the Panthers lawsuit to settle this matter. And the reason I asked that you would consider taking up this matter, we have the City's counsel here along with the Panthers' counsel. It's not a very difficult matter, as I... should I say a very difficult decision for you. The settlement agreement, basically, as I set forth in the memo, is that each of the parties would bear its own cost. And, of course, in light of Judge Moore's previous ruling relative to his findings on the injunctive relief, there is indication that they probably would succeed on the merits of the case. So all you would really be consenting to is for the Panthers to continue to use the facilities. The case would go away, we'd bear our own cost and attorney's fees. Chairman Hernandez: OK. 159 January 13, 1998 Commissioner Plummer: What do you recommend? Mr. Jones: I'm recommending that we... that you vote to consent to the settlement. Commissioner Plummer: And how much is that in the City's behalf? Mr. Jones: It's not going to cost us anything, other than the attorney's fees that we've expended. Commissioner Plummer: I move it. Settle and it don't cost us nothing? You bet your bippy. Commissioner Gort: Second. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort. All those in favor, say "aye." Commissioner Regalado: Aye. Commissioner Gort: Aye. Commissioner Plummer: Aye. Chairman Hernandez: Aye. Vice Chairman Teele: No. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-55 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO CONSENT TO AND ENTER INTO A SETTLEMENT AGREEMENT IN THE CASE OF FLORIDA PANTHERS HOCKEY CLUB, LTD., ET AL V. MIAMI SPORTS AND EXHIBITION AUTHORITY, ET AL, CASE NO. 96-2168-CIV-MOORE, UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Chairman Humberto Hernandez NAYS: Vice Chairman Arthur E. Teele, Jr. ABSENT: None. Commissioner Plummer: Excuse me. Am I missing something? I would like to know why you voted no. You don't have to answer me, but if there's something that I don't know, I would like to know. 160 January 13, 1998 Vice Chairman Teele: Well, I just... Well, I mean, first of all, the lawyer for the Panthers has always had such a broad grin every time their settlement comes up, so I get nervous, because they're so happy with the settlement. But more to the point, this is a part of a series of lawsuits. And it just appears that we're settling the time sensitive part, which essentially allows for the Panthers to play at the Miami Arena. Commissioner Plummer: After they had given a letter saying they did not wish their option. Vice Chairman Teele: Well, yeah. And I think it's appropriate. But I would much rather see us have a global settlement of all of the issues. Obviously, they have maneuvered and boxed us into a time situation where the Judge appears not to be interested in seeing anything but this particular item be settled at this time, or at least go to trial on it. But we paid so much in legal fees, I don't understand why we're not ready to go to trial. Mr. Jones: Well, it's not a... Vice Chairman Teele: And I'm not questioning... Mr. Jones: OK. Vice Chairman Teele: This is not your issue, Mr. Jones. This is outside counsel who was involved. But I just think we're giving them their settlement, but we're not getting our settlement on this deal, and I think we're losing our time leverage, if we ever had a time leverage. And I just vote no. I think it's... they've done a great job. I commend counsel for the Panthers. Ms. Laura Besvinick: Commissioner Teele, Laura Besvinick, on behalf of the... we represent the City in the Panthers lawsuit, as well as in the other lawsuit I believe you're referring to, which is the declaratory judgment action... Vice Chairman Teele: Right. Ms. Besvinick: ... to which the Panthers are not a party. The City is ready and has always been ready to go to trial in the Panthers lawsuit. I think the basis for the recommendation with respect to the settlement is there is not really anything to be gained within the confines of the Panthers' lawsuit for the City to go to trial. The City's involvement has always been questionable, at best, in that lawsuit. It's had no involvement with the Panthers or the Panthers' lease. Commissioner Plummer: Yeah, the problem is the Judge rules against us. Ms. Besvinick: The Judge actually did not rule against the City. The Judge made no rulings against the City. The Judge ruled against MSEA (Miami Sports and Exhibition Authority). Commissioner Plummer: Did not the Judge make... Vice Chairman Teele: Well, MSEA is the City. Commissioner Plummer: Well, who made the ruling, when they gave a letter that said that they did not wish to exercise their option for further time? It was the Judge who gave them the opportunity to continue, even though they had put in a letter saying they didn't want it. Ms. Besvinick: That is correct. 161 January 13, 1998 Commissioner Plummer: Well, ha, ha, ha, that's what killed us. Vice Chairman Teele: Yeah, but, you see, my... J.L., my concern is this. Look, this is a lot of legal mumbo-jumbo, but let me just say this. The real parties in interest in this matter, as it relates to the Panthers and it relates to the MSEA are the same basic entity. And that entity could solve our problem, but it's not being solved as it relates to MSEA. Commissioner Plummer: Oh,I understand that. Vice Chairman Teele: The problem with the Panthers, which, of course, is a public company and is made up of outstanding citizens all over South Florida, but there's still one significant party and interest that has the authority to solve... to do a global settlement. And so we, again, are getting the short end of this deal. I mean, the Panthers are being able to move forward, even though they said they weren't going to play there, right? Ms. Besvinick: That's correct. Vice Chairman Teele: So now, they're able to double back and play there. And yet, the issue as to the management issues relating to MSEA still are unresolved. And I just think, you know, from a legal point of view, you know, that's all fine and good. And I guess as an attorney or a member of the Bar, I shouldn't be so flippant about it, but I really do think we ought to try... that there should be a greater effort to try to bring the real parties at interest and bring a settlement here. Commissioner Plummer: Are you representing us with Decoma? Ms. Besvinick: Yes. Commissioner Gort: Let me ask you a question. Commissioner Plummer: Excuse me, Willy, if I may, real quick like? Commissioner Gort: Sure. Commissioner Plummer: How come you haven't been around to brief all of us? Ms. Besvinick: I'll be happy to fill you in on... at any time on the status of the litigation. Commissioner Plummer: I think you have an obligation either to inform him who informs us, OK? Here again, Mr. Chairman, I want to tell you, I am really up to here about people making decisions and then throwing at this Commission at the last minute and saying, here or else. You better start consulting this Commissino, because, let me tell you, I now have a colleague down here, sits down there who's been ripping me up all day, but let me tell you, he's seeing the same things I see. You better consult us as we go along, because I don't want to be in a position of having to tell you, no, you've already goofed up. So I'm saying somewhere along the line on these matters... Quinn, you don't have to. You got a lot... You got 47 assistants down there... Mr. Jones: I wish I did. Commissioner Plummer: ... that can come down and can brief these Commissioners, and you better ask our opinion. Mr. Jones: Commissioner, I... Let me say this in response to you, because I have... I have kept you abreast and kept you informed of... one way or the other, through outside counsel, on every 162 January 13, 1998 case, every step of the way. There has been nothing significant in the last month or so happening with Decoma. We're preparing for trial. You were kept abreast. Former outside counsel, Tom Scott, who was lead counsel, met with all of you at different parts, different steps of the way. Ms. Besvinick will be doing the same thing with you. But right now, the reason you haven't heard from her in this regard is because there's nothing going on, other than she's preparing and working up for trial. I mean, that's how intense it is. So, certainly, I would not take for granted, and I hope you wouldn't think that I would take for granted, that I would not consult you with any significant decision that had to be made. With respect to the Panthers matter, the reason it was a last minute thing that needed your approval was in light of the fact that the Judge was ready to go to trial on this matter, and we felt that it was in the best interest, that there was nothing to be gained by it. So hence, this was the last minute. But I hear you loud and clear. And I will continue, as I have in the past, to keep you advised every step of the way. Commissioner Plummer: I didn't want to put it on the record, but now, I have to. Mr. Jones: And I have 21 assistants, not 47. Commissioner Plummer: Well, that's on a daily basis. Mr. City Attorney, has there been any discussion by you, by counsel, or any other member of the Administration, elected or otherwise, in reference to a settlement? Mr. Jones: What? Decoma? Commissioner Plummer: Yeah. Mr. Jones: Not that I'm aware of. I don't know what... Commissioner Plummer: Well, I didn't hear it in a nightmare, all right? And I heard about a settlement. And I haven't heard about it from anyone who should have been telling me. Mr. Jones: Well, I have... Commissioner Plummer: If there is anything to do with a settlement, I want to know about it. Mr. Jones: Well, certainly. Commissioner, again, as I told you before, you know, you'd be the first to know if there was... I mean, I have an obligation to convey that to you. I've done that in every case where one has been conveyed. And certainly, if one had been conveyed to Ms. Besvinick, certainly, she would have conveyed it to me, and we would have conveyed it to you. But I am not aware of anything, altogether. Commissioner Plummer: Thank you, sir. Ms. Besvinick: And Commissioner, just so it's clear, if at any time... If you'd like regular briefings, I'm happy to provide them to you. Commissioner Plummer: Thank you, ma'am, on an hourly basis. 163 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 38. RATIFY / APPROVE / CONFIRM EMERGENCY FINDINGS -- WAIVE COMPETTIVE BIDS -- APPROVE EMERGENCY PURCHASE OF RENTAL VEHICLES FROM ROYAL RENT -A -CAR -- FOR POLICE -- ALLOCATE $47,500 FOR LETF ACCT. 690002.291207.6.610. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Mr. Cruz. Mr. Mariano Cruz: No, I'm here on item 25. Chairman Hernandez: OK. Item 25. Commissioner Plummer: Oh, we got more cars for Disney World. Chairman Hernandez: Is there a motion on item 25? Commissioner Plummer: How many bids did we receive? Captain Joseph Longueira (Police Support Services): Commissioners, if you remember, we... Commissioner Plummer: How many bids did we receive? You can answer it. One, two, three. You can count. Captain Longueira: Two bids. Commissioner Plummer: Two bids. Captain Longueira: But that's not what this issue is. Remember when we rebid the item, and we bid it three times? This is for the period of time... Commissioner Plummer: I remember. We split it. Captain Longueira: This is for the period of time... Commissioner Plummer: The second portion. Captain Longueira: ... where we rebid it the third time. Commissioner Plummer: Move item 25. Captain Longueira: That's all it is. Commissioner Plummer: Before he starts procrastinating. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. 164 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-56 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING,A ND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETTIVE SEALED BIDS, AND APPROVING THE EMERGENCY PURCHASE OF RENTAL VEHICLES FROM ROYAL RENT -A -CAR, IN AN AMOUNT NOT TO EXCEED $47,500.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE 690002.291207.6.610, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE GUIDELINES SET FORTH IN THE U.S. DEPARTMENT OF TREASURY'S "GUIDE TO EQUITABLE SHARING", FURTHER, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR RENTAL VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Mr. Cruz: I'd like to say one thing. Mariano Cruz, 1227 Northwest 26th Street. I am referring on this item. If I could go back to CA-24, complex and protective... And see the amount of monies that the Law Enforcement Trust Fund is handling and giving away. And the other day, my next door neighbor, a teacher at Allapattah Middle School, she's... her name is Ms. Tisha Tynes (phonetic). She was telling me that one of the classes are trying to send some students to Washington, 30 students to Washington come June. And they need the amount of eighteen thousand dollars ($18,000), six... about six hundred dollars ($600) per student to go to the Smithsonian, go to Congress, go to the White House. Allapattah Middle School, inner city school, and I don't know if they can make, you know, what they say here, equitable sharing. They could do that or could do like a pocket item. Sometimes, they do of the Law Enforcement Trust Fund, I've seen there one hundred thousand dollars ($100,000) going to the Boys' Town or going to another place. Maybe they could do something with Allapattah Middle School and send something... or maybe David Lori (phonetic) is monitoring it or Luis Pore (phonetic) from the Life Foundation of the Donors Program, and they can use some to send people. Because I see here millions of dollars being spent on delinquent children, but very few little money going to be spent on good students that want to have a trip to Washington and learn about our government. Just eighteen thousand dollars ($18,000). Chairman Hernandez: Thank you, Mr. Cruz. 165 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 39. REQUEST $200,000 FROM MIAMI SPORTS AND EXHIBITION AUTHORITY TO FUND INTERNATIONAL TRADE BOARD. (SEE LABEL 58) Chairman Hernandez: Item 26. Discussion item. Commissioner Plummer: Mr. Chairman, I asked for this matter to be put on the agenda, International Trade Board, as to whether or not it is to continue, or whether it is to be abolished. Some things happened in which part of the staff was taken over to the County. They were talking about a merger. And then the County completely eliminated all boards and commissions. I guess, really, what I'm saying to you is we've had a very good board, we've had a very good staff, and we were doing extremely well, but we're broke. I can't put it any other way. We're broke. And what I'm asking this Commission is, if you want the International Trade to continue. We had been promised previously a hundred and fifty thousand dollars ($150,000) from the MSEA, from the Sports Authority. That was during three different changes of Managers ago, and we've never received the money of a hundred and fifty thousand dollars ($150,000). What I'm saying to you, I think the board should continue. If you agree and that we cannot get the money from MSEA, then, in fact, the money would have to come from the City. So I leave it up to my colleagues as to what is your feeling? What do you wish to do? I serve presently as your Chairman. I recommend that we definitely petition MSEA for two hundred thousand dollars ($200,000) to carry us through the end of the year. And if not, then we'll have to talk to the Manager, who would be under instructions to find the funds. So I really just ask what you guys want to do. Commissioner Regalado: I would second your motion, because I think the International... I think, first of all, that Miami is an international City, that Miami should have an International Trade Board, that Miami should have a department which deals with international trade. And I've seen the work that the International Trade Board has done for Miami in the past. I have seen delegations from other countries who visited Miami, sponsored by the International Trade Board. And I know that the International Trade Board does make money. So I would... If that is the motion, I would second your motion to petition MSEA. And if not, look for alternatives in terms of how can we mantain the International Trade Board. Commissioner Gort: Under discussion. Mr. Chairman, I agree with him. I think part of the MSEA is to bring conventions, and the International Board will bring, as both, a few conventions here, and I think they should be funded out of MSEA. Commissioner Plummer: I agree with you but... Commissioner Gort: Well, make the motion. Commissioner Plummer: My motion would be that we petition MSEA not... for funds not to exceed two hundred thousand dollars, and if for whatever reason they are not forthcoming, now that our Chairman is the Vice Chairman of MSEA - we'll get a stick and beat him - that the City Manager is so designated to find the funds from the City. I so move. Commissioner Regalado: Second. Chairman Hernandez: There's a motion by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor, say "aye." 166 January 13, 1998 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-57 A MOTION TO PETITION THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR THE PURPOSE OF REQUESTING FUNDS IN AN AMOUNT NOT TO EXCEED $200,000 IN ORDER THAT THE CITY CAN COTINUE TO MAINTAIN THE INTERNATIONAL TRADE BOARD AS A VIABLE FUNCTIONAL BOARD WITHIN THE CITY; FURTHER STIPULATING THAT IF FUNDS ARE NOT FORTHCOMING THE CITY MANAGER IS SO AUTHORIZED TO FIND A SOURCE OF FUNDS FROM THE CITY'S BUDGET IN FURTHERANCE OF SAME. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Chairman Hernandez: Item 27 has been withdrawn. Item 28 has been withdrawn. ---------------------------------------------------------------------------------------------------------------- 40. APPOINT CITY COMMISSIONERS TO SERVE AS CHAIRPERSONS/MEMBERS OF BOARDS / TRUSTS / COMMITTEES / CONSORTIUM / AGENCIES / AUTHORITIES. Chairman Hernandez: Item 29 is my item. It's basically appointing different Commissioners to the different boards. And it's, you know, a quick rundown. Bayfront Park Management Trust, we continue with Commissioner Plummer. I'm appointing him as the Chairperson of said board. Commissioner Regalado will continue to serve as Chairperson of the Coconut Grove Standing Festival Committee. Commissioner Gort will continue to serve as Chairperson of the Downtown Development Authority. Vice Chairman Teele: What do I do? Chairman Hernandez: You're getting there. We're getting there. I was just told that former... Commissioner Plummer: Excuse me. You're Chairman of the CRA (Community Redevelopment Agency). Chairman Hernandez: Former Commissioner... Right, but we'll just officially say it again. 167 January 13, 1998 Commissioner Plummer: That's more than you can handle. Commissioner Regalado: I'll give you the Coconut Grove Standing Festival. Vice Chairman Teele: No. That's all right. Chairman Hernandez: Vice Chairman Teele will be sitting in the Enterprise Zone Advisory Council. Commissioner Plummer will be sitting, if we do find the money, in the International Trade Board. I will be sitting in the Jobs and Education Partnership Regional Board. Do we still have a Maritime Park Board? Commissioner Plummer: It was never, ever established... only in name. Chairman Hernandez: Well, we have former Mayor Carollo and Commissioner Plummer sitting there, so we'll keep... Commissioner Plummer: It never met. Chairman Hernandez: Does it exist? Commissioner Gort: No. Commissioner Plummer: No. Commissioner Regalado: No, it doesn't. Chairman Hernandez: It doesn't exist, so we'll leave that for another day. Commissioner Regalado: It should, but it doesn't. Chairman Hernandez: Miami Sports and Exhibition Authority will be the Mayor, and I'll be the Vice Chairman. Commissioner Teele will be sitting in the Omni Community Redevelopment Agency, Omni CRA and... Vice Chairman Teele: I got all the work. Chairman Hernandez: ... and the Southeast Overtown/Park West Community Redevelopment Agency. Commissioner Plummer: Keep you busy. Vice Chairman Teele: Everybody is getting festivals and parks. Chairman Hernandez: You asked for it. Commissioner Plummer will be sitting in the South Florida Employment and Training Consortium. Commissioner Gort, are you still interested in sitting in The Unity Council of Miami, the TUCOM Board? Commissioner Gort: We're supposed to be the same as the... join forces with the County, and we'd like to maintain it. Chairman Hernandez: Commissioner Gort will be the Chairperson. Commissioner Plummer, you are sitting as Chairperson of the Tax Exempt Property Steering Committee. Commissioner Plummer: We're going to abolish that simply because of the fact that without legislative change in Tallahassee, which we have not been able to accomplish, until such time, 168 January 13, 1998 that's first and foremost what has to be done. We've not had a meeting in over a year, so, in effected, it sunsetted itself. Chairman Hernandez: OK. I'm sitting in the Metro -Dade Community Action Board. And Commissioner Regalado will be sitting as Chairperson for the Dade County Visitors Industry Voluntary Educational Services Training Trust. Commissioner Plummer: There's one more, Mr. Chairman. If you wish me to continue to serve, I'll be happy, but you've got to make it in the form of a motion from this City Commission, and that is that I serve as the liaison to the TDC (Tourist Development Council). A. Quinn Jones, III, Esq. (City Attorney): To the what? Chairman Hernandez: Is there a motion to appoint Commisisoner Plummer as Chairperson? Commissioner Plummer: Well, that's part of the overall motion. You also have to appoint Commissioner Gort as the City's liaison to the Dade League of Cities, and myself as the liaison to the Florida League of Cities. And that's also appointments by this Commission. Chairman Hernandez: Do we have a motion? Vice Chairman Teele: So move, Mr. Chairman. Commissioner Gort: Second. Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-58 A RESOLUTION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION TO SERVE AS CHAIRPERSONS AND/OR MEMBERS ON VARIOUS CITY TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 169 January 13, 1998 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 41. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 30 (RECERTIFICATION OF BUILDINGS 40 YEARS OLD OR OLDER). Chairman Hernandez: Item... Commissioner Plummer: ... thirty. Chairman Hernandez: ... thirty is my item. I'm withdrawing it. I need to further discuss this with the director of Building and Zoning, and the gentleman that is having a problem with this. I think the problem actually has been solved. ---------------------------------------------------------------------------------------------------------------- 42. (A)DEFER TO FUTURE MEETING CONSIDERATION OF AGENDA ITEM 31 (POLICY OF FEE WAIVERS FOR EVENTS). (B)APPROVE REQUEST BY MAYOR SUAREZ TO PARTIALLY FUND MARTIN LUTHER KING PARADE. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 31, concerning the policy of fee waivers for events. This is a discussion that we've been going through. I've been told by the... by the Governor's people on the Oversight Board that what they are seeking from us, they're willing to give us some kind of flexibility, if we come up with some kind of policy in dealing with these future events, like the Three Kings Parade, or Martin Luther King Parade, or what other events that we might seek waivers for. This is an item that basically, according for them, they're waiting for some kind of policy. The policy that we have set is that there are no fee waivers at this point in time. If we want to change this policy, we have to make a decision. We could either do it today or move it on to another Commission meeting. But I think it's somewhat important. I know that the Martin Luther King Parade is coming up, and I open the floor. Vice Chairman Teele: Mr. Chairman, I don't know... The Mayor was supposed to send down a memorandum on this Martin Luther King Parade. Where is it? The motion is that the Mayor has agreed... They are six thousand dollars ($6,000) short. The Mayor has agreed to raise three thousand of the six thousand dollars ($6,000), and he's asked that the Commission agree to raise the remaining three, with me taking the lead. And I would move that we approve the Mayor's commitment and the Commission's commitment, led by myself, to insure the full funding of the Martin Luther King activity. 170 January 13, 1998 Commissioner Plummer: I'll try to raise one. Chairman Hernandez: Is it the will of the Commission, then, to leave the policy issue for a further date, and just deal with the Martin Luther King Parade at this point in time? Commissioner Gort: Yes. Commissioner Regalado: Yeah, yeah. Chairman Hernandez: Let's move that on to another Commission meeting. I'll probably set it on the agenda in the future. There's a motion by Vice Chairman Teele, seconded by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-59 A MOTION APPROVING MAYOR XAVIER SUAREZ'S REQUEST THAT THE CITY COMMISSION RAISE $3,000 TO FUND THE MARTIN LUTHER KING PARADE; FURTHER STIPULATING THAT VICE CHAIRMAN TEELE WILL COORDINATE THE COMMISSION'S COMMITMENT TO RAISE THE REMAINING BALANCE OF $3,000 NEEDED FOR POLICE SERVICES IN CONNECTION WITH SAID EVENT. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 43. DISCUSS / DEFER TO NEXT MEETING CONSIDERATION OF AGENDA ITEM 32 (LIFE INSURANCE FOR ELECTED OFFICIALS) -- FURTHER DIRECT MANAGER TO SCHEDULE A DISCUSSION ITEM REGARDING EXECUTIVE BENEFITS ON NEXT COMMISSION AGENDA. Chairman Hernandez: Item 32 is concerning life insurance policies for elected officials. Vice Chairman Teele: Mr. Chairman, I think this is the issue that we instructed the external auditor to come back with an overall comprehensive benefits package structure for the Mayor, the Manager, and... 171 January 13, 1998 Chairman Hernandez: And the elected officials. Vice Chairman Teele: ... elected officials, as well as all department heads and other persons that are entitled to benefits, and to make recommendations. I would hope that this is being included as a part of that study, and that any Commissioner would make instructions to the Manager or at this time to be included in that study. Commissioner Plummer: I got something this morning. Mr. Jose Garcia Pedrosa (City Manager): They provided two quotes with respect to insurance. Commissioner Plummer: Well, I got it this morning. I haven't had time to go over it. Schedule it for the next meeting. Chairman Hernandez: So we're going to defer this item right now? Vice Chairman Teele: Yeah, but this is an element of an executive benefit package. Commissioner Plummer: Yeah. Vice Chairman Teele: And there should be a comprehensive review. And I think if we could just sort of give the Manager or give our external auditors whatever direction we have. But I think we need to try to get that back by the first meeting in February, so that we can act on it, because I know that your... the Manager's benefit package, as well as other benefit packages are tied up in that recommendation. That's how we left yours. Commissioner Plummer: So what do you want to do? Mr. Garcia Pedrosa: We have... Well, Vice Mayor, remember that on the 12th of December... on the 9th of December, the Commission approved the benefit package. The problem was that with respect to life insurance, there was no provision specifically made at that time. That's what we... Vice Chairman Teele: It approved one for the Mayor, and the Mayor, only. Mr. Garcia Pedrosa: My sheet says "Mayor and City Commission benefits." Vice Chairman Teele: No, it was the Mayor... Commissioner Plummer asked that the Commission be studied, and that a recommendation come back relating to the Commission. Commissioner Plummer: That's correct. Vice Chairman Teele: And what I'm recommending is, rather than trying to take it up as a Commission benefit issue that we take up one comprehensive review of the Mayor, the Manager, the Commission, the department heads, the deputy department heads, the division chiefs, and anybody that's going to be considered for executive benefits for the City of Miami in going forward. Commissioner Plummer: That's fine with me. Commissioner Gort: So bring it back then. Commissioner Plummer: As long as I don't die between now and then. 172 January 13, 1998 Vice Chairman Teele: We need to just send it over to the External Auditor that's putting this whole... Chairman Hernandez: The External Auditor is going to be coming by within, I guess, now 30-45 days, I believe. Vice Chairman Teele: Yes, because the Manager's executive benefits package is tied up in that study and we need to get it back. Chairman Hernandez: Well, that's an item on today's agenda. It's item 36. Vice Chairman Teele: What? Chairman Hernandez: The benefit package for the City Manager. We will get there. It's the last item on. Item... We are deferring this. ---------------------------------------------------------------------------------------------------------------- 44. GIVE GUS VIDAURRETA DEADLINE TO COMPLETE PROPOSAL FOR FIREHOUSE FOUR RESTAURANT AT 1000 SOUTH MIAMI AVENUE -- FURTHER INSTRUCTING ADMINISTRATION TO DRAFT REQUEST FOR PROPOSAL IN CASE OF NONCOMPLIANCE. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: So, item 33. Firehouse Four Restaurant regarding 1000 South Miami Avenue. Ms. Dena Bianchino (Asst. Director/Asset Management): Yes, Mr. Chairman, we are passing out some documentation on this issue now. If you recall, at our December 18th meeting, the Commission instructed the Administration to proceed with negotiations regarding the leasing of the Firehouse Four property and that there would be a transfer for consideration from Carlos Alamilla to Gus Vidaurreta. We were directed to come back with the lease today. I will tell you that we have not received the information that we have asked for from the parties involved. I will tell... Commissioner Plummer: What are you recommending? Commissioner Regalado: Dena, Dena, 15 days, right? It was 15 days. Ms. Bianchino: You are correct, sir. Commissioner Regalado: How long? Mr. Bianchino: It was actually, 15. It was more like 25 days... Commissioner Regalado: Twenty-five days. Ms. Bianchino: ... that they... Commissioner Plummer: What are you recommending? Ms. Bianchino: Due to the fact that this person has seriously done due dWgence on the property, I feel that we owe him, at least until Friday at noon. 173 January 13, 1998 Commissioner Plummer: Move it. Ms. Bianchino: But, let me finish. Commissioner Regalado: OK, OK, yeah. One second. If... if we the City don't get a comprehensive answer by Friday at noon, then automatically we will go for a new RFP (Request For Proposal)? Ms. Bianchino: Right. And, we will prepare the RFP starting Friday at noon, if... Commissioner Regalado: And, and... if the members of the Commission agree, I would add that it would that Commission and not a selection committee. Remember what happened with the selection committee the other time, that we were boxed in. And, so, we will hear the City's recommendations on this matter and we will act upon it. Commissioner Gort: Take a decision. Commissioner Plummer: Well, let me ask a stupid question. Dena, has any consideration been given to selling that property? Ms. Bianchino: Yes, sir. We did an analysis of sale versus lease on the property. And, I think the short answer to the question is that if we sell it, obviously we gain in the short run, but if we hold on to the property we are going to make a lot more money in the long run. Commissioner Plummer: Yeah, but the problem is, we don't have anybody to lease it that's going to be there in the long run. Commissioner Gort: My understanding is, there are a lot of interest in that now. Commissioner Plummer: OK, hey, I just asked a question. Ms. Bianchino: Commissioner, it's an evaluation of... Commissioner Plummer: Twelve o'clock on Friday. On 12:01, you start the RFP. I so move. Ms. Bianchino: All right. Commissioner Regalado: Second. Chairman Hernandez: We had a motion by Commissioner Plummer, second by Commissioner Regalado. All those in favor say "aye." Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Discussion. Vice Chairman Teele: Mr. Chairman, we are saying we are going to throw it out, right? Chairman Hernandez: If by Friday he doesn't comply with the request. Commissioner Plummer: If... By Friday, noon. Vice Chairman Teele: And, how are you all going to deal with this air-condition issue? 174 January 13, 1998 Chairman Hernandez: Yeah. Ms. Bianchino: The air-conditioning issue? Vice Chairman Teele: If we throw it out, let's assume they don't comply, what about the air- condition issue? Ms. Bianchino: In the sense of whether they get credit for the air -conditioner that was vandalized on the property, sir? Vice Chairman Teele: And, whether... Did the insurance company pay the claim? Ms. Bianchino: That's an item that will be negotiated in the lease. Vice Chairman Teele: No, that's not my question. Did the insurance company pay the claim? Ms. Bianchino: Yes, sir. Vice Chairman Teele: So, who was... who had the insurance, they did, right? Ms. Bianchino: No, sir. We have the insurance. And, as a part of the lease negotiation, we would determine whether or not they would get the proceeds from that insurance payout. Vice Chairman Teele: So, that's an open item that you all will negotiate? Ms. Bianchino: Yeah. Vice Chairman Teele: OK. Commissioner Regalado: How long ago was this, that we get paid, the City? Ms. Bianchino: We have been paid over a year ago for this item. The only reason that it ever came up was because it was mentioned in the first RFP (Request For Proposal). We are not even going to mention it again. It's a sort of a dead issue at this time. Commissioner Plummer: Buy him a fan. Commissioner Regalado: OK. So, it's Friday at noon, and like J.L. says, 12:01 you start with an RFP and it would be the Commission, not a selection committee that will make the decision? Ms. Bianchino: Commissioner, we had already started writing an RFP. It was our intention to not have a selection committee, but to rank the various proposals and bring to the City Commission for their evaluation. Commissioner Plummer: Well, you know, you get us in trouble doing that. I might suggest to you that I might prefer that you give us three names, and we will do the ranking. Ms. Bianchino: No, that's fine. Commissioner Plummer: OK, well, that isn't what you said. Ms. Bianchino: I... I will... 175 January 13, 1998 Commissioner Plummer: You rank 'em, then I must accept that. I'm saying, you give me three names, if you have three names and that we will rank them when we send them to the City Manager for negotiations. Ms. Bianchino: That's fine. Vice Chairman Teele: And, I just want to be very clear. You have not told these people that the answer to the air-condition is "no"? Ms. Bianchino: We haven't completed these negotiations with them at this point because they have not met our requirements. Vice Chairman Teele: But, the air-condition issue has not been given... You have not given them a definitive answer on the air conditioner, yet? Ms. Bianchino: No. Vice Chairman Teele: OK. Thank you. Commissioner Plummer: Why? Wait a minute, wait a minute. I am sorry. I missed something somewhere. I think it was a portion of this discussion that I had to leave. What is the story behind the air -conditioner? I mean, is that something that was there that we had...? Mr. Jose Garcia -Pedrosa (City Manager): It was on the premises. It was vandalized. Ms. Bianchino: Yes, it was vandalized. Commissioner Regalado: They want twenty thousand dollars ($20,000). Commissioner Plummer: It was vandalized. Well, why do they think they are entitled to any portion of that money? Ms. Bianchino: OK, Commissioner, in the first RFP that was put out for this.... Commissioner Plummer: Answer my question. My question is... Vice Chairman Teele: It was in the RFP. Commissioner Regalado: It was, it was, yes. Commissioner Plummer: Oh, it was in the RFP? Ms. Bianchino: It doesn't have to be in the next RFP, and it will not be. Commissioner Regalado: It was. Vice Chairman Teele: But, it was in the RFP. Ms. Bianchino: Yes, it was... Commissioner Plummer: But, you were going to give them some of the money? Ms. Bianchino: Not me. Someone was going to give them that money. 176 January 13, 1998 Vice Chairman Teele: The City. Ms. Bianchino: Yes, the City. Vice Chairman Teele: The City. Commissioner Plummer: And, how much money are you talking about? Ms. Bianchino: It was a matter of twenty thousand dollars ($20,000). And, believe me, it will not be in the second RFP. Commissioner Plummer: We are talking about a minimum, annual contribution in the neighborhood of two hundred and fifty thousand dollars ($250,000) right? Ms. Bianchino: No, sir. It's... Commissioner Plummer: Two nineteen, two thirty. The better one was three hundred... Whatever it is, and we are sitting here quivering about twenty thousand dollars ($20,000). It makes no sense. Commissioner Gort: Why? Commissioner Plummer: Hey, next item. Commissioner Gort: There is a motion, there is a second. Vice Chairman Teele: Next item, Mr. Chairman. Chairman Hernandez: We have already taken care of that. And, item 34, we took care of. Item 35 has been withdrawn. Commissioner Regalado: Mr. Chairman, did we vote on this? Chairman Hernandez: Yes. Commissioner Gort: No, we didn't. Commissioner Regalado: No, we didn't. Commissioner Plummer: I moved it. Commissioner Regalado: And, I seconded it. Commissioner Gort: But we haven't moved... We haven't voted on it. Commissioner Regalado: I seconded. We haven't vote. Commissioner Plummer: Well, vote. Chairman Hernandez: All those in favor say "aye." The Commission (Collectively): Aye. 177 January 13, 1998 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-60 A MOTION GRANTING GUS VIDAURRETA UNTIL NOON ON FRIDAY, JANUARY 9, 1998 TO FINALIZE WITH THE CITY ADMINISTRATION TERMS FOR LEASE OF PROPERTY KNOWN AS FIREHOUSE FOUR RESTAURANT ON 1000 SOUTH MIAMI AVENUE; FURTHER STIPULATING THAT IF SAID PARTY DOES NOT COMPLY WITH CITY'S REQUEST FOR DOCUMENTS BY AFOREMENTIONED TIME, THE CITY IS TO REJECT ALL PROPOSALS RECEIVED IN CONNECTION WITH SAID PROPERTY AND PROCEED TO ISSUE NEW REQUEST FOR PROPOSALS; FURTHER INSTRUCTING THE ADMINISTRATION TO BRING A RECOMMENDATION TO THE CITY COMMISSION IN CONNECTION WITH SAME AND THAT THE CITY COMMISSION WILL ACT AS A SELECTION COMMITTEE FOR SAID PROJECT'S PROPOSALS, AND FORWARD SAME TO THE MANAGER FOR FINAL NEGOTIATION. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 45. APPROVE INSURANCE PACKAGE FOR CITY MANAGER GARCIA- PEDROSA -- DEFER CONSIDERATION OF BENEFITS PACKAGE FOR CITY MANAGER. Chairman Hernandez: Thirty-four has been taken care of. Thirty-five has been withdrawn. Thirty-six is concerning the benefits package of the City Manager, Jose Garcia -Pedrosa. Mr. Jose Garcia -Pedrosa (City Manager): You have attached a proposed agreement, Mr. Chairman, that whose main terms replicate those of Mr. Marquez, but with a substantially lower salary. Commissioner Plummer: Mr. Chairman, I am going to say something that is not popular. I think that we are playing games. I have absolutely no problem paying this City Manager what he's worth. I think he's worth one hundred and forty thousand dollars ($140,000). And, if he wants to put it into a package, let him put it in. If he wants to put it into whatever he wants to put it in, the Manager is worth that amount of money. I think we should not try to hide anything. Let's pay him what he is worth or get rid of him. And, I think he is a good Manager. So, let's pay him. Let's put it on top of the table. Let's don't play games. So, you know, I am here to do 178 January 13, 1998 what you want, but as far as I am concerned, if this package is one hundred and forty thousand... What is the total? Commissioner Gort: One hundred and seventy-seven. Commissioner Plummer: What is it? Commissioner Gort: One hundred and seventy-seven. Mr. Garcia -Pedrosa: Oh, no, but you have vacation, you have things that I will get anyway, because... Commissioner Plummer: Fine. What is the salary without the "so called"... Mr. Garcia -Pedrosa: Ninety-six thousand dollars ($96,000). Commissioner Plummer: No, I mean the total. What is the total of the package we are paying you? Commissioner Gort: One seventy-seven. Commissioner Plummer: I move it. This is crazy, that we are trying to say... Vice Chairman Teele: Well, let me just say this. Commissioner Plummer: Sure. Vice Chairman Teele: Look, when we went through the hiring of the Manager... Commissioner Plummer: Right. Vice Chairman Teele: ... we said that there would be no contract. Commissioner Plummer: That's correct. There is none. Vice Chairman Teele: OK. Well, the last time I checked the word "employment agreement" the last time I checked Blacks Law Dictionary, an agreement is a contract. Commissioner Plummer: What about White Law Dictionary? Vice Chairman Teele: Well, you know, use any law dictionary you want to, but the fact of the matter is, that what we are doing now is making a contract. Now, the Law Department hasn't seen this contract or has not opined on this contract. We have a benefits study that we just went through that we instructed our External Auditors to review the Manager, and to work with the Manager and the department heads. And, I think, you know, what we are getting ready to do is, set ourselves up in contract negotiations with the unions because we can't have it both ways, gentlemen. Now, I don't have any problem with paying Mr. Garcia -Pedrosa what he believes he is worth and what his previous employment record would suggest. But, to start playing games and hiding stuff, is something... Count me out. And, I don't want to vote against it, I'll leave, but this is a fraud. Commissioner Plummer: I agree. Vice Chairman Teele: And, let's be very clear, this is a fraud. And, if we am not going to do this for everybody else... 179 January 13, 1998 Commissioner Plummer: Let's do it above board. Vice Chairman Teele: ... we need to go ahead and do this above board. Now, no one has dealt with the issue of the City Attorney's salary. The City Attorney's salary is out of line with what the Mayor has called for, OK. Now, the guy who is getting... the people who are getting ready to get hurt are the City Attorney and the City Clerk, and it goes all the way down hill because if the City Attorney who is making more money now than he should be under the Mayor's edict, which we can agree with or we can choose not to agree with. The Mayor cannot set the City Attorney's salary nor can he set the City Clerk's salary, who also is well above the... - Nothing personal, just the facts. - So, what we have got to decide here now, is how we are going to proceed. We are making precedence right now. And, if we say we are paying somebody ninety-six thousand dollars ($96,000), and then when everybody goes home and they read the morning "mullet wrapper" and figure out we just paid two hundred thousand dollars ($200,000) or one hundred and seventy-five thousand dollars ($175,000), we are not going to have credibility. Commissioner Plummer: That's what I said. Vice Chairman Teele: And, I think we need to defer this matter. We need to get the Chairman of the Commission who has a unique relationship with the Mayor and the Manager to come back to us with the whole overall benefit package with the External Auditor, whenever that is, and give us a comprehensive package. And, quite frankly, I have no problem paying the Manager one hundred and seventy-seven thousand dollars ($177,000). I will vote for that as long as it is clear and we are not perpetrating a fraud on the public. And, as long as we are basically going to establish that... As long as we are going to establish that, as what we are paying and everyone else can be governed accordingly. Because, it doesn't make sense to pay the City Manager one hundred and seventy-five thousand and the City Attorney to be paid ninety-eight thousand and the City Clerk to be paid ninety... eighty-six thousand. And, then all of us to walk around and say we are paying everybody ninety-six thousand. I mean, this just isn't fair. Commissioner Plummer: Well, Mr. Teele, let me disagree with you on one point. And, I think the record will reflect by the Clerk, in my questioning of the City Manager at the time that he was to be hired. I asked him did he realize that the four... the majority of this vote, of this Commission could terminate him without cause, did he understand that, and his answer was "yes." I guess that before we approve this again, I am going to ask that question again, that he understands fully that he does not have a contract, that the serves at the will of this Commission and can be terminated without cause and his answer is, other than yes, then he will not get my vote. So, I want it fully understood that that has got to be the case. Vice Chairman Teele: Well, I suggest instead of asking the Manager the question, you should ask the City Attorney if that's what this agreement says. And, there are no residuals and all of that. But, in any event, I agree with you, J.L. I don't mean to overstate this or understate this, but I just don't think that we should be asked now to approve an agreement when we sat up here and the newspapers have said that we are paying ninety-six thousand and that's the ceiling. And, then... Because, let me tell you where this becomes wrong. All of the department heads are going to be stuck with the ninety-six thousand dollar ($96,000) cap, because they don't get all of this staff, necessarily or they won't get some of it. And, all that I am saying to you is, that we need to make sure that what we are doing, we treat everyone fairly and equitably to the extent that their positions provide for it. I am not at all suggesting that everyone should make what the Manager makes or anywhere near what the Manager makes, but three should be a hierachical process that we develop. And, I would only ask that the Chairman take this under advisement and return it back with an overall benefits package with the executive... And, let me tell you this, if we decide not to pay the City Manager the ninety-six thousand dollars ($96,000), but to pay him a sum more representative of what he really should make, I don't have a problem doing that, 180 January 13, 1998 Mr. Chairman. And, I don't think a majority of this Commission has a problem doing that. But, I do have a problem saying one thing and.. Commissioner Gort: And, then doing another. Vice Chairman Teele: ... for the purpose of what... of dealing with what the Mayor's political agenda has been in the past, and he ran for office for Dade County Mayor saying that he wouldn't pay anybody more than one hundred thousand dollars ($100,000). So, this isn't a new issue. The fact of the matter is, is that we have to pay people enough to pay... so that they can support their families and quite frankly, we can encourage people to live in the City of Miami. Chairman Hernandez: Commissioner Gort. Vice Chairman Teele: And, the thing that I am looking for is something to ensure that the Manager doesn't have to go around begging and looking for a free place to live, that he can pay his own way. Because, we need our Manager to be independent. Chairman Hernandez: Commissioner Gort. Commissioner Gort: Well, are you asking for a deferral on this? Vice Chairman Teele: I would so request... move a deferral. Commissioner Gort: Second. Commissioner Plummer: Can I get the Manager a reservation at the Camillus House? I mean, oh, "pobrecito!" Chairman Hernandez: You know... Vice Chairman Teele: A deferral with the proviso... Commissioner Gort: With a proviso, yes. Vice Chairman Teele: ... that the Chairman and the External Auditor come back and report back. And, I would hope that the Manager, the Chairman would work with the Mayor. Because, quite frankly, I don't know if we should be able to just hold that issue of the ninety-six thousand dollars ($96,000). Chairman Hernandez: Yeah, well... Commissioner Plummer: Yeah, right. Vice Chairman Teele: We may have to just come out and come clean on this. Commissioner Plummer: I want to see the Mayor veto a package that we put forth for the City Manager. I would enjoy that, yes. Commissioner Gort: OK. Call the question. Commissioner Plummer: The what? Commissioner Gort: You have to call the question. 181 January 13, 1998 Commissioner Plummer: Oh, yes. Wait a minute, wait a minute. Chairman Hernandez: OK, calling the question. We are deferring this... Commissioner Plummer: In all fairness, Mr. Teele, he has brought up a point that I think is very valid. And, that is between now and the time that at least the insurance policy be put into effect. I think that's a reasonable request. Commission Regalado: Absolutely. Vice Chairman Teele: So, so moved. Chairman Hernandez: There is a motion on the floor by Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-61 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 36 (PROPOSED BENEFITS PACKAGE FOR CITY MANAGER JOSE GARCIA-PEDROSA); FURTHER APPROVING THE INSURANCE POLICY AS PROPOSED IN SAID PACKAGE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Commissioner Plummer: All twenty-five hundred dollars ($2,500) of it. Chairman Hernandez: I am going to be fast tracking this. What I am concerned about, and what's bothering me, to tell you the truth is, why we have to wait 60 days for this report for this report from the External Audit. Vice Chairman Teele: We don't have to wait. I mean... Chairman Hernandez: But, I mean, they have taken long enough... Vice Chairman Teele: Somebody needs to just work with them. Vice Chairman Teele: Exactly. I'll sit down with them, I'll sit down with the Manager and I'll sit down with the Mayor, and we will move it through. We will put it on the next Commission agenda. 182 January 13, 1998 -------------------------------------------------------------------------------------------------------- 46. CONTINUED DISCUSSION ON EVALUATION OF LAW DEPARTMENT. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: Mr. Chairman. Chairman Hernandez: Yes. Commissioner Gort: If you recall, I was supposed to have left at five thirty. Chairman Hernandez: Yes. Commissioner Gort: All you need now are appointments, and what I would like to do is give my report that I was asked to give today, verbally on the... I was commissioned by Commissioner Teele to study on the Law Department and I just want to tell you about the procedure. We do not have a report. We will have a report before the 23rd like was requested. You will get it a week before. And, as committed to the City Attorney, I will sit down with him before and go over it with him, so he will have time to answer it. And, what I would like to report today is what we have done. And, the method that we used to evaluate this. Now, we interviewed four of your Commissioners. We interviewed the City Manager and seven department heads. Interviewed the County Attorneys and in the process of interviewing some Assistant City Attorneys. We represent a base on the interview a recommendation of five or seven days before January 27th, and this committee will come up with the... I have Lynn Lewis who is the... an attorney with the private sector. And, I have Richard Cooper who has worked for ten years with the Public Defenders Office and supervised 33 attorneys to be part of this committee going around... along with you. Mr. Chairman, this will be formulated and released a week before the next Commission meeting. Commissioner Plummer: All right, because it has been almost impossible for me to meet... Commissioner Gort: I understand. You are impossible to meet with anybody. Commissioner Plummer: I would like to definitely meet, so she... Commissioner Gort: I'll ask them to call you collect. Commissioner Plummer: Please, call me collect. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 47. APPOINT JESUS CASANOVA TO PLANNING ADVISORY BOARD -- SEE LABEL 67. ---------------------------------------------------------------------------------------------------------------- Commissioner Gort: And, I would only like to make one appointment today. I will have to leave and would like to place my Planning Board appointment. Planning Board. Commissioner Plummer: OK. Planning Board. 183 January 13, 1998 Chairman Hernandez: OK, boards and committees. Item 37. Commissioner Plummer: Well, Mr. Gort has to leave and he asked to do... make one appointment. So, I think we ought to honor that. Chairman Hernandez: Commissioner Gort. Commissioner Gort: He is the Planning Board, Mr. Jesus Casanova to the Planning Board. Chairman Hernandez: We have a motion to approve, Mr. Casanova to the Planning Advisory Board. Commissioner Plummer: I move it, second it. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-62 A MOTION APPOINTING JESUS CASANOVA AS A MEMBER OF THE PLANNING ADVISORY BOARD. [Note for the Record: the essence of Motion 98-63 is incorporated into Resolution 98- 81.] Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 184 January 13, 1998 --------------------------------------- ------------------------------------------------------------------------ 48. APPOINT MEMBERS TO THE ADVISORY BOARD: Ivan Barrett, Charles J. Flowers, Ricardo Sarmiento, ALberta (Tina) Duncan, Ruben Bargueiras, Jr., Overton Brooks. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 37 is on... Commissioner Gort: I apologize, Mr. Chairman, but I have to leave now. NOTE FOR THE RECORD: Commissioner Gort exits the Commission Chamber at 6:31 p.m. Chairman Hernandez: Fine. Commissioner Plummer: Who are my two...? Chairman Hernandez: Miami Affirmative Advisory Board. Plummer, do you have any board members? Commissioner Plummer: I am going to have to pass on that sir, at this particular time, mine are not for reappointment. So, I... Chairman Hernandez: Is everybody ready for their appointments today? Commissioner Regalado: Yes, I am. I am. Chairman Hernandez: OK, hold on one second. On the Miami Affirmative Advisory Board, I was told, Commissioner Teele that my appointment was for Charles Flowers, is your appointment now, is that correct? Vice Chairman Teele: Yes, sir. Chairman Hernandez: OK, I am going to keep Ivan Barrett and I am going to leave my other appointment to a future date. I am appointing Ivan Barrett and Commissioner... Vice Chairman Teele is appointing, Mr. Charles Flowers as one of his appointments. Mister... Commissioner Regalado. Commissioner Regalado: Ricardo Samiento. That's on item 37, Affirmative Action. Chairman Hernandez: OK. Commissioner Plummer, you are going to pass on this one, right? Commissioner Plummer: I pass, but I do think we need to say that the... Duncan from the FOP (Fraternal Order of Police), Bargueiras from the Fire, and Brooks from the independent group should be also approved at this time. And, I so... Chairman Hernandez: OK, we have a motion by Commissioner Plummer... Commissioner Plummer: I so move. 185 January 13, 1998 Chairman Hernandez: ... seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-63 A RESOLUTION APPOINTING AND CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------- 49. APPOINT MEMBERS TO BAYFRONT PARK MANAGEMENT TRUST: Paul Singerman, Stephanie Kerr, Fred Joseph, Dino Galardi, Ruth Greenfield, Linda Eads, Tina Hills. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 38 is the Bayfront Park Management Trust. I am going to appoint Paul Singerman again to the board. Commissioner Plummer. Commissioner Plummer: Mr. Chairman, I would nominate Stephanie Kerr, and I would like the privilege, if I may, as I have had in the past of putting Ruth Greenfield, Tina Hills and Linda Eads who are fabulous members of this board as the Commission At -Large appointments. Vice Chairman Teele: Second the motion. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: Fred Joseph. Commissioner Plummer: Excellent member. Chairman Hernandez: Commissioner Teele. Do you have anybody for Bayfront Park? 186 January 13, 1998 Vice Chairman Teele: Bayfront Park is Dino... Commissioner Plummer: Galardi. Vice Chairman Teele: Galardi. Chairman Hernandez: Dino Galardi. We have a motion by Commissioner Regalado, seconded by Vice Chairman Teele, all those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-64 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 50. APPOINT MEMBERS TO MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE: Carlos Martel, Rafael Cabezas, Lissette Rodriguez, Mardi Newbold, Marty Urra. Chairman Hernandez: Item 39. Miami Affordable Advisory Committee. Commissioner Plummer: I will reappoint Mr. Cabezas, as my nominee. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: Lissette Rodriguez. Chairman Hernandez: Vice Chairman. Vice Chairman Teele: What is this? 187 January 13, 1998 Commissioner Plummer: Thirty-nine. Commissioner Regalado: Affordable Housing. Chairman Hernandez: Affordable Housing. Vice Chairman Teele: Yes. Maude Newbold. Chairman Hernandez: I am going to pass at this time on this one. Do we have a motion? Commissioner Regalado: Yes, motion. Commissioner Plummer: Ah, the... Wait, woa, woa, woa. The Commission At -Large nominates Marty Urra. I think we are very familiar with Marty, and he has done a good job, and I would nominate him for the At -Large... Chairman Hernandez: Well, we have Marty Urra, we have Anita... Commissioner Plummer: No, no, the... Chairman Hernandez: We have... The current ones are Agustin Dominguez, Marty Urra, there is a vacancy, and there is Anita Rodriguez. Commissioner Plummer: OK, but the one from the representative of Labor who we always have there is, Marty Urra. Chairman Hernandez: OK. Commissioner Plummer: And, I think that he should be once again. I would proffer that name. Chairman Hernandez: OK, so we have Marty Urra as a Commissioner At -large... Commissioner Plummer: Right. For Labor. Commissioner Regalado: Second. Chairman Hernandez: ... for Labor. I have... I am appointing Carlos Martel to the... to my... as my appointment. Commissioner you have your appointment ready to state it on the record? Vice Chairman Teele: For what? Chairman Hernandez: For the Affordable Housing Advisory Committee. Vice Chairman Teele: Maude Newbold. Chairman Hernandez: OK. And, Commissioner Regalado, again. Commissioner Regalado: I have Lissette Rodriguez. Chairman Hernandez: OK, do we have a motion? Commissioner Plummer: Let's move it. Commissioner Regalado: Second. 188 January 13, 1998 Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-65 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 51. APPOINT MEMBERS TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD: Irby McKnight, Grady Mahammad, Michel Lubin. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Citywide Community Development Advisory Board. Item number 40. Commissioner Plummer: I have no appointments there. Chairman Hernandez: At this point, you have no appointments. I am appointing as one of my appointments at this time, Irby McKnight. Commissioner Teele. Vice Chairman Teele: I would appoint Grady Muhammad and Florine Nichols. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: I will have to defer this, Mr. Chairman. Commissioner Plummer: Who? Chairman Hernandez: OK. We go on with item... Vice Chairman Teele: Excuse me. 189 January 13, 1998 Chairman Hernandez: Oh, it's a motion Commissioner Plummer: Woo, woo. I move they be accepted. Chairman Hernandez: Wait a second. Vice Chairman Teele: Excuse me, I made a mistake. Grady Muhammad and Michel Lubin. Chairman Hernandez: Michel Lubin. Vice Chairman Teele: L-U-B-I-N. Chairman Hernandez: OK, is there a motion? Commissioner Plummer: May I...? Move it. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-66 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort 190 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 52. DEFER APPOINTMENTS TO CIVIL SERVICE BOARD. Chairman Hernandez: OK, item 41. Commissioner Plummer: I move... Commissioner Regalado: Mr. Chairman, I nominate Martin Garcia from the Miami Police Department for the Civil Service Board. Commissioner Plummer: Well, wait, wait. Woa, woa. Excuse me. Vice Chairman Teele: I nominate Tal Fair. Commissioner Plummer: And, I nominate Gerald Silverman. Now, wait a minute, Commissioner Regalado... Commissioner Regalado: His name is there. Commissioner Plummer: ... there is an appointment from the Police Department that is automatic, that is rotated back. Jerry, come help me. Commissioner Regalado: I think... Commissioner Plummer: That as I recall, they rotate one year as Police, one year as Fire. That's automatic on that board. Commissioner Regalado: Well, I don't... I think that the Clerk said it was OK to nominate Martin Garcia. Is it? Mr. Walter J. Foeman (City Clerk): I... Do you want to go ahead? Commissioner Regalado: OK. Ms. Priscilla Thompson (Executive Secretary/Civil Service Board): Commissioners, we have two members of our Civil Service Board. Priscilla Thompson, Executive Secretary, Civil Service Board. Two of the members are elected and in CA-32, you did ratify the election. We have on individual who was elected and he, that individual works in the Fire Department, so there's your Fire seat. And, we have one individual who was elected by the General Employees, Mr. Orlando Llamas. So, we do have the two individuals who were elected. Appointments are left up to the Commission. Vice Chairman Teele: So, are there three left? Mr. Foeman: There are three at -large appointments. Ms. Thompson: That's correct. Commissioner Regalado: So, I... Vice Chairman Teele: Mr. Chairman, I move that the three appointments to the Civil Service Board be deferred to the next meeting. 191 January 13, 1998 Chairman Hernandez: Let's move item 41 as deferred. There is a motion by Vice Chairman Teele, seconded by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-67 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 41 (PROPOSED APPOINTMENTS TO THE CIVIL SERVICE BOARD). Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: ABSENT: None Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 53. APPOINT RAMIRO R. MARENO TO COCONUT GROVE STANDING FESTIVAL COMMITTEE. Chairman Hernandez: Item 42 is the Coconut Grove Standing Festival Committee. Commissioner Teele. Vice Chairman Teele: I want to defer to Commissioner Plummer to see... Chairman Hernandez: He doesn't have one. Vice Chairman Teele: Is Mister... Commissioner Plummer: No, I am Chairman, I don't get an appointment. Vice Chairman Teele: Is Frankie Rolle a member of that? Chairman Hernandez: I don't think she wanted to be there. The last time... Commissioner Plummer: I don't think so. Commissioner Regalado: No. No, is not. Mr. Walter J. Foeman (City Clerk): No. Chairman Hernandez: She doesn't want to participate in that. 192 January 13, 1998 Vice Chairman Teele: She doesn't want to participate? Chairman Hernandez: Yeah. Mr. Foeman: No. Vice Chairman Teele: Let me hold that appointment. Chairman Hernandez: I am appointing Ramiro Ronnie Moreno. Commissioner Plummer: Move the name proffered be accepted. Chairman Hernandez: Hold on. Mr. Foeman: Excuse me. Is he a resident of Coconut Grove? Vice Chairman Teele: Yes. Chairman Hernandez: Yes, he also works for Coconut Grove Realty. Mr. Foeman: OK. Commissioner Plummer: Move the names proffered be accepted. Commissioner Regalado: Second. Chairman Hernandez: Motion, second. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Ronnie is with a I-E at the end. Ronnie. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-68 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 193 January 13, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: ABSENT: None. Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 54. APPOINT BRUNO CARNESELLA / E. J. GARCIA / RANDY HILL / HARCOURT CLARK TO COCONUT GROVE PARKING ADVISORY COMMITTEE ALSO APPOINT FRANK BALZEBRE / SUE BILLIG / DAVID GELL / LEE MARKS (REPRESENTING COCONUT GROVE VILLAGE COUNCIL) -- SEE LABEL 74. Chairman Hernandez: Forty-three. Commissioner Plummer: I move. Chairman Hernandez: Coconut Grove Parking Advisory Committee. Commissioner Plummer: I move. Commissioner Regalado: I am moving the name of Bruno Carnesella as one of the appointees for the Coconut Grove Parking Advisory Committee. Commissioner Plummer: And, I move the name of... I can't remember the Mr. Masrieh first name. Chairman Hernandez: I have here... Who is it? Commissioner Plummer: Masrieh. Chairman Hernandez: Right. And, E. J. Garcia. Eloy Garcia. Commissioner Plummer: OK. Move the names proffered... Chairman Hernandez: You have somebody? Is that a fourth... Commissioner Plummer: be accepted... Wait a minute, do we want to do the ones that are recommended by the... Chairman Hernandez: Coconut Grove Parking Advisory Board. Commissioner Plummer: ... Coconut Grove Advisory Board or not? Mr. Foeman: You have four. 194 January 13, 1998 Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah. Because, you have... The Commission has four appointments and the Commission at -Large has to appoint four members who are recommended by the Village Council. Mr. Foeman: Right. Commissioner Plummer: And, then we have one member recommended by the Off-street Parking Authority. Mr. Foeman: That's Ted Stahl. Commissioner Plummer: Wait a minute, that's where Mr. Masrieh was supposed to go. I am sorry. Chairman Hernandez: So, we are taking him... We have.. Commissioner Plummer: Right. Chairman Hernandez: We have Eloy Garcia, we have... Commissioner Regalado: Bruno Carnesella. Chairman Hernandez: Bruno Carnesella, and we have two left as Commission at -large. Commissioner Plummer: One of those is mine, correct? Chairman Hernandez: Right. Commissioner Plummer: I nominate Randy Hill. Chairman Hernandez: Randy Hill, and then we have one open with... Vice Chairman Teele: Harcourt Clark. Chairman Hernandez: That's our fourth Commission at -large. Commissioner Plummer: I move that the names proffered be accepted. Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Teele. All those in favor say "aye." The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-69 A MOTION APPOINTING BRUNO CARNESELLA, E. J. GARCIA, RANDY HILL AND HARCOURT CLARK TO THE COCONUT GROVE PARKING ADVISORY COMMITTEE. (Note for the Record: the essence of Motions 98-69 and 98-70 is incorporated as part of R-98-86). 195 January 13, 1998 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort Mr. Foeman: Mr. Chairman. Chairman Hernandez: Yes, sir. Mr. Foeman: As to the four recommended by... Mr. Jones: The Village Council... Mr. Foeman: ... the Village Council, are you going to take those up now or are you going to...? Chairman Hernandez: Yes, I think we should. We have Ted Stahl, Sue Billig, David Gel, Lee Marks and Frank Balzabre. Vice Chairman Teele: So moved. Commissioner Plummer: No, that's not... Huh? Mr. Foeman: Ted Stahl is recommended by the Off-street Parking Authority. Commissioner Plummer: No. Chairman Hernandez: Off-street Parking, I am sorry. Mr. Foeman: Right. Chairman Hernandez: The Coconut Grove Village Council are Sue Billig, David Gell, Lee Marks and Frank Balzabre. Vice Chairman Teele: I move the ones recommended by the Coconut Grove... Chairman Hernandez: Village Council? Vice Chairman Teele: ... Village Council. Commissioner Regalado: Second. Chairman Hernandez: There is a motion by Vice Chairman Teele, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. 196 January 13, 1998 The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 98-70 A MOTION APPOINTING CERTAIN FRANK BALZABRE, SUE BILLIG, DAVID GELL AND LEE MARKS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE, SAID MEMBERS REPRESENTING THE COCONUT GROVE VILLAGE COUNCIL. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort (NOTE: the essence of Motion 98-70 is incorporated as part of R 98-86. See label 74). ---------------------------------------------------------------------------------------------------------------- 55. APPOINT JASPER SWEAT TO CODE ENFORCEMENT BOARD. Chairman Hernandez: Item 44. Code Enforcement Board. Commissioner Teele and Commissioner Plummer. Commissioner Plummer: I am going to pass on that one because I am confused. Chairman Hernandez: Commissioner Teele. Vice Chairman Teele: Jasper Sweat. Commissioner Plummer: I move the name proffered be accepted. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor say "aye." The Commission (Collectively): Aye. 197 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-71 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE A REGULAR MEMBER AND AS AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 56. APPOINT MEMBERS TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA): Bobby Ratiner, Julio Shepard, Amancio Suarez, SDteve Niefler, Al Houstion, Neil Harrington, Commissioner Hernandez and Orlando Garcia. Chairman Hernandez: Item 45. The Miami Sports and Exhibition Authority. Commissioner Plummer: I nominate Bobby Ratiner. Vice Chairman Teele: Who is that? Commissioner Plummer: My son-in-law who was on that authority prior to being my son-in- law. Vice Chairman Teele: He got it on merit. Commissioner Plummer: You bet your hippy. And, Julius J. Shepard. Chairman Hernandez: Dr. J. Commissioner Plummer: That's Skippy. John's father. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: I already had Amancio J. Suarez and the second appointment will be Steve Niepler. 198 January 13, 1998 Chairman Hernandez: OK. We got... Commissioner Teele. Vice Chairman Teele: Al Houston. Who did you name? Commissioner Regalado: Steve Niepler. Commissioner Plummer: Excuse me, Mr. Teele. A friend of yours is wanting. Vice Chairman Teele: A friend of mine is what? Commissioner Plummer: Wants your consideration. Vice Chairman Teele: Neil Harrington. Commissioner Plummer: That's not the one. Vice Chairman Teele: Neil Harrington. Chairman Hernandez: What is it? What's going on fellas? Do you want to defer? Vice Chairman Teele: No, I don't want to defer. The Chairman has one appointment. Commissioner Plummer: Julio. Chairman Hernandez: I got my appointment in there already. Commissioner Plummer: Who is that? Vice Chairman Teele: You have to remake it though. Chairman Hernandez: Orlando Garcia. Vice Chairman Teele: And, the Chairman himself. Commissioner Plummer: Oh, God, am I glad I am not there. Chairman Hernandez: Is there a motion? Vice Chairman Teele: So moved. Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer. Commissioner Plummer: I vote against it. Chairman Hernandez: All those in favor say "aye." The Commission (Collectively): Aye. 199 January 13, 1998 The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-72 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 57. (A) APPOINT MEMBERS TO SERVE ON HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Richard Heisenbottle, Joseph Richards, Raul Rodriguez, Luisa Murai, Rey Martinez and Rene Rolle. (B) WAIVE RESIDENCY REQUIREMENTS FOR APPOINTMENTS TO HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD -- SEE LABEL 60. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 46, Historic and Environmental Preservation Board. Commissioner Plummer: I nominate my two members as Joseph Richards and Raul Rodriguez. Chairman Hernandez: One of mine is Richard Heisenbottle and other one, the citizen, I am deferring at this point in time. Commissioner Plummer: And, Mr. Chairman, Mr. Rodriguez will require a four -fifths vote which I so proffer because... Mr. Walter J. Foeman (City Clerk): He is not a resident. Commissioner Plummer: ... he has to... residency requirement. But, he has been one great member. Vice Chairman Teele: Is that the great architect, Rodriguez? Commissioner Plummer: Yes, sir. Yes, sir. 200 January 13, 1998 Vice Chairman Teele: I would nominate Rene Rolle as a real estate, and on the landscape architect, hold that. Commissioner Regalado: I have a... Mr. Foeman: Excuse me. Mr. Vice Chairman, we need to get an application for her, sir. Vice Chairman Teele: Yes, sir. Mr. Foeman: OK. Commissioner Regalado: OK, I am nominating Luisa Murai and Rey Martinez. Commissioner Plummer: I move the names proffered be accepted. Mr. Foeman: Mr. Chairman, excuse me. You also need to include, Richard Heisenbottle because he is not a resident. Chairman Hernandez: As a four -fifths. Mr. Foeman: As a four -fifths waiver included. Chairman Hernandez: Correct, OK. He is the chairman, isn't he, of that board? Mr. Foeman: I believe he is. Chairman Hernandez: OK, we have a motion by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution and motions were introduced by Commissioner Plummer, who moved their adoption: RESOLUTION NO. 98-73 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) MOTION NO. 98-73.1 A MOTION WAIVING, BY A FOUR/FIFTHS VOTE OF THE COMMISSION, REQUIREMENTS OF CITY CODE SECTION 2-884 (ALL MEMBERS OF CITY BOARDS SHALL EITHER BE PERMANENT RESIDENTS OF THE CITY, OWN REAL PROPERTY IN THE CITY, OR WORK OR MAINTAIN A BUSINESS IN THE CITY) AS IT PERTAINS TO RICHARD HEISENBOTTLE, MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. 201 January 13, 1998 MOTION NO. 98-73.2 A MOTION APPOINTING RENE ROLLE AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO FILL THE REAL ESTATE BROKER SEAT. (Note: Ms. Rolle was nominated by Vice chairman Teele. Ms. Rolle had not applied for the Historic and Environmental Preservation Board; therefore, said appointment will be formalized at a future agenda after requesting an application from her). Upon being seconded by Commissioner Regalado, the resolution and motions were passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 58. (A) APPOINT MEMBERS TO SERVE ON INTERNATIONAL TRADE BOARD: Bob Rodriguez, Maria Elena Alfonso, Rafael Garcia -Toledo, Vicky Leiva, Waldo Castro-Molleda, Raymundo Escarra, Antonio Llamo Montes, Jacques Despinose, Bobbie Mumford and Dwayne Wynn. (B) COMMENTS REGARDING FUNDING FOR INTERNATIONAL TRADE BOARD. (SEE LABEL 39) ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 47 is the International Trade Board. Vice Chairman Teele: Mr. Chairman, I didn't discuss this International Trade Board, Commissioner Plummer. But, I really do think, Commissioner Plummer... Commissioner Plummer, I didn't discuss the International Trade Board, but I really do think that the International Trade Board is one of the real success stories of what the City is doing, and particularly as you look at the global village and how technology is moving. I am aware that the County has been talking about some type of merger. I don't know where that stands. Commissioner Plummer: It's dead. Vice Chairman Teele: It may be dead, but I would really hope that we would keep this board functioning with a view toward some type of cooperative activity with the County, but I think unless and until that occurs, we really should sort or damn the topedoes and full speed ahead. And, I wanted to join Commissioner Plummer in urging that we find money to support this very important activity. And, I certainly will be asking the two persons that I am appointing to MSEA (Miami Sports and Exhibition Authority) to work with the Manager in finding that, and I would ask my colleagues to consider that as an instruction to their appointees. I would like to 202 January 13, 1998 appoint Mr. Jacques Despinose, Ms. Bobbie Mumford and Mr. Dwayne Wynn as the three appointees that I have. Chairman Hernandez: Ralph Arza, Bob Rodriguez and Maria Elena Alfonso. Commissioner Regalado: I have Raymundo Escarra and Antonio Llano Montes. Commissioner Plummer: I will go with my three, Ralph Garcia -Toledo, Vicky Leiva and Waldo Castro-Molleda. Chairman Hernandez: Motion? Vice Chairman Teele: So moved. Commissioner Plummer: Second. Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-74 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE INTERNATIONAL TRADE BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort 203 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 59. APPOINT MEMBERS TO LATIN QUARTER REVIEW BOARD: Jorge Trelles, Rafael Portuondo, Hector Gasca, Jose Navarro, Lucrecia Machado and Manulla Calvo. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Forty-eight. Latin Quarter Review Board. Commissioner Plummer: I move. I renominate my two, Hector Gasca and Jose Navarro. Chairman Hernandez: I will renominate my two, Jorge Trelles and Rafael Portuondo. Commissioner Regalado: I am renominating also two, Lucrecia Machado and Manuela Calvo. Vice Chairman Teele: Temporarily passing. Chairman Hernandez: Motion. Commissioner Plummer: Motion accepted. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-75 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE LATIN QUARTER REVIEW BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort 204 January 13, 1998 ---------------------------------------------------------------------------------------------------------- 60. WAIVE RESIDENCY REQUIREMENT FOR HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD -- SEE LABEL 57. Commissioner Plummer: Mr. Chairman, may Igo back please? Mr. City Attorney, do I need a separate motion on Raul Rodriguez as a four -fifths vote for waiver of requirement of residency? I so move. Vice Chairman Teele: Second. Commissioner Plummer: Four -fifths vote required. Chairman Hernandez: Right. Motion by Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-76 A MOTION WAIVING, BY A FOUR -FIFTHS VOTE OF THE COMMISSION, REQUIREMENT OF CITY CODE SECTION 2-884 (ALL MEMBERS OF CITY BOARDS SHALL EITHER BE PERMANENT RESIDENTS OF THE CITY, OWN REAL PROPERTY IN THE CITY, OR WORK OR MAINTAIN A BUSINESS IN THE CITY) AS IT PERTAINS TO RAUL RODRIGUEZ, MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort 205 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 61. APPOINT CAROLYN COPE / YVES FORTUNE TO STREET CODESIGNATION REVIEW COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 49 is the Miami Street Codesignation Review Committee. Commissioner Plummer: I renominate, Carolyn Cope. Chairman Hernandez: I am passing on mine. Commissioner Regalado. Commissioner Regalado: Yves Fortune. I am renominating him. Chairman Hernandez: Commissioner... Vice Chairman Teele. Vice Chairman Teele: Temporarily pass. Chairman Hernandez: OK. Motion. Commissioner Plummer: Move the names proffered be accepted. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-77 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 206 January 13, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 62. DISCUSS / DEFER APPOINTMENTS TO WATERFRONT ADVISORY BOARD. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 50. Waterfront Advisory Board. Commissioner... Commissioner Plummer: I have nothing there. Vice Chairman Teele: Now, is this a board that functions or what? Chairman Hernandez: Yeah, sure. Commissioner Plummer: Yes, sir. It sure does. Commissioner Regalado: Yeah it does. It does, a lot. Vice Chairman Teele: I would like more time. Chairman Hernandez: Me too. I am going to pass on this, so we are going to defer item 50. Commissioner Plummer: That's fine. ITEM DEFERRED ---------------------------------------------------------------------------------------------------------------- 63. APPOINT CAROLYN COPE TO NUISANCE ABATEMENT BOARD -- SEE LABEL 65. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 51, Nuisance Abatement Board. Commissioner Plummer: I nominate Carolyn Cope again to serve on that board. Chairman Hernandez: Commissioner Teele. Vice Chairman Teele: One moment, please. 207 January 13, 1998 Chairman Hernandez: Commissioner Regalado. Oh, you don't have one. Commissioner Regalado: I don't have an appointment. Chairman Hernandez: Gort is not here. Teele, I am passing on this one to the next... Commissioner Plummer: Move the name proffered be accepted. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-78 A MOTION APPOINTING CAROLYN COPE AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. (Note: the essence of Motion 98-78 above is incorporated into Resolution 98-79). Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort --1 ------------------------------------------------------------------------------------------------------------- 64. BRIEF DISCUSSION REGARDING APPOINTMENTS TO PERFORMING ARTS TRUST -- SEE LABEL 66. Commissioner Plummer: On 52, I would like to nominate Ruth Greenfield. Chairman Hernandez: One second, Commissioner. Commissioner Plummer: Eminently qualified. END OF DISCUSSION -- NO ACTION TAKEN 208 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 65. APPOINT CAROLYN COPE AND JAMES MOSS TO NUISANCE ABATEMENT BOARD -- SEE LABEL 63. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: You have somebody on 51, or not? Vice Chairman Teele: Yes, I would like to nominate, Mr. James Moss. Chairman Hernandez: James Moss nominated for item 51, under Commissioner Teele's appointment. Commissioner Plummer: Oh, I am sorry, on 51? Chairman Hernandez: Fifty-one. Item 51. Commissioner Plummer: Oh, OK. Chairman Hernandez: Is there a motion? Commissioner Plummer: I moved. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor say "aye." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-79 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 209 January 13, 1998 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 66. APPOINT RUTH GREENFIELD TO PERFORMING ARTS TRUST -- SEE LABEL 64. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Fifty-two. Commissioner Plummer: I would like to proffer Ruth Greenfield as our nominee to the performing arts. Vice Chairman Teele: Didn't you just name her to something? Commissioner Plummer: Yes, she is on my board. She is on my Bayfront Park Board. That's why I would like her in conjunction with. Remember... Vice Chairman Teele: Second the motion. Commissioner Plummer: It's contiguous. Vice Chairman Teele: Ms. Greenfield is an outstanding... Commissioner Plummer: Absolutely. Commissioner Plummer: Move the name proffered be accepted. Chairman Hernandez: Motion by Commissioner Plummer. Commissioner Regalado: Which one? Commissioner Plummer: Fifty-two. Chairman Hernandez: Fifty-two. Commissioner Plummer: Ruth Greenfield. Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those in favor say "aye." 210 January 13, 1998 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-80 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST. (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 J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 67. APPOINT MEMBERS TO PLANNING ADVISORY BOARD: Jesus Casanova, Carlos J. Arboleya, Doris Scheer, Ofelia Tabares-Fernandez and James Black -- FURTHER INSTRUCT CITY CLERK TO READVERTISE FOR APPLICANTS. (SEE LABEL 47) Commissioner Plummer: On 53, I only have one of my appointments at this time, Doris Scheer. Chairman Hernandez: I only have one myself, at this point in time which is Carlos Arboleya. Commissioner Teele. Vice Chairman Teele: I am asking that the Affirmative Action Office provide an EEO (Equal Employment Opportunity) profile. And, if it's not representative I am asking the City Attorney, instruct me as to how we can advertise for more names, more representatives. Commissioner Plummer: Just ask that it be done. Chairman Hernandez: You ask them to put... to open up the... Vice Chairman Teele: Well, I would specifically request... Mr. Walter J. Foeman (City Clerk): You can direct... Vice Chairman Teele: ... that this be open up for additional applications. Mr. Foeman: You can direct the Clerk to go back out and advertise it. 211 January 13, 1998 Vice Chairman Teele: Directing the Clerk. Commissioner Regalado: OK. I have my two appointments. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: Ofelia Tabares -Fernandez and James Black, the Planning Advisory Board. Item 53. Chairman Hernandez: How come they are not on the list? Commissioner Plummer: They are. The last two names listed. Chairman Hernandez: I don't have them. Mr. Foeman: They are the last two. Commissioner Plummer: I got them. Here. They are on the agenda. Commissioner Regalado: Yeah, they are. They are reappointments. Chairman Hernandez: OK. I got it. I got it. Commissioner Regalado: Both are reappointments. Commissioner Plummer: Let me ask a question. Are these required to submit for advertising to this board? Mr. Foeman: The PAB (Planning Advisory Board) and Zoning, yes. Commissioner Plummer: It is required. Mr. Foeman: Yes. Commissioner Plummer: Yes. Chairman Hernandez: Motions? Commissioner Plummer: I move the names proffered be accepted. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. 212 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-81 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING ADVISORY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 68. APPOINT MEMBERS TO PROPERTY AND ASSET REVIEW COMMITTEE: Moreno Habif, Roger Barreto, Carlos deZayas, Robert Sinclair. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Fifty-four. Property and Asset Review Committee. Commissioner Plummer. Commissioner Plummer: I will move at this time... Well, let me say this. If nobody is going to nominate Roger Barreto, I definitely will. Commissioner Regalado: Who? Commissioner Plummer: Roger Barreto. Rodney's father, who is very, very well qualified. So, if somebody wants... Teele's that really your... If you want to do it, I will try to get another name. Vice Chairman Teele: No. Why don't you do it? Commissioner Plummer: All right, sir. I will nominate Roger Barreto. Vice Chairman Teele: I will nominate Robert Sinclair. Commissioner Regalado: Carlos De Zayas. Commissioner Plummer: Oh, oh, I am in trouble. Chairman Hernandez: Moreno Habif. 213 January 13, 1998 Commissioner Plummer: OK. Chairman Hernandez: Motions? Commissioner Plummer: Motion the names proffered be accepted. Commissioner Regalado: Second. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-82 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE PROPERTY AND ASSET REVIEW COMMITTEE. (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 J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 69. APPOINT SAM MASON TO UNITY COUNCIL OF MIAMI (TUCOM). ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Fifty-five. Unity Council of Miami, TUCOM. Commissioner Plummer: I'll pass. Chairman Hernandez: I am passing. Vice Chairman Teele: Pass. Commissioner Regalado: Sam Mason. Chairman Hernandez: Sam Mason. Motion? 214 January 13, 1998 Commissioner Plummer: Motion, the name proffered be accepted. Commissioner Regalado: Second. Vice Chairman Teele: How much money does this council have? Commissioner Plummer: None. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Commissioner Regalado. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-83 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BOARD OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM"). (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 J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 70. APPOINT HAKKI KOROGLU / WILLY BERMELLO / FIDEL PEREZ TO URBAN DEVELOPMENT REVIEW BOARD. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 56. Urban Development Review Board. Commissioner Plummer: I reappoint... I reappoint Willie Bermello, and I'll hold the second one open. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: Fidel Perez and I defer the other one. Chairman Hernandez: Commissioner Teele. Vice Chairman Teele: This is the architect? 215 January 13, 1998 Chairman Hernandez: Yeah. Urban Development. Vice Chairman Teele: Could I make these appointment... because I have a request out, but I want to make sure they are going to serve. I would like to deter. Chairman Hernandez: OK, I am going to make one of my appointments and it's... I am reappointing Hakki Koroglu. Vice Chairman Teele: Who? Chairman Hernandez: Hakki. H-A-K-K-I. Right there in the middle. Vice Chairman Teele: Oh, yeah. Commissioner Plummer: I move the names proffered be accepted. Chairman Hernandez: Moved by Commissioner Plummer, seconded by Vice Chairman Teele. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-84 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort 216 January 13, 1998 ---------------------------------------------------------------------------------------------------------------- 71. APPOINT MEMBERS TO ZONING BOARD: Juvenal Pina, Gloria M. Basila, Osvaldo Moran and Christine B. Morales -- FURTHER INSTRUCT CITY CLERK TO READVERTISE FOR MORE APPLICATIONS. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 57. Commissioner Plummer: Fifty... I'll make one of my appointments at this time, Gloria Basila. I'll hold the second one. Vice Chairman Teele: Mr. Chairman, again, I think the list is not broad enough, and I would ask that the Clerk be asked to readvertise and get more names. Chairman Hernandez: I am making one of my appointments at this time, J. V. Pena, Juvenal Pina. Vice Chairman Teele: That's it? Chairman Hernandez: Yeah, I'm... Well... Commissioner Plummer: Move the names proffered... Commissioner Regalado: OK, I have two appointments. Osvaldo Moran, Christine Morales. Chairman Hernandez: We have motions. Commissioner Plummer: Is that you...? Chairman Hernandez: I am leaving one of mine open. Commissioner Plummer: Yeah, I move the names proffered be accepted. Mr. A. Quinn Jones, III, Esq. (City Attorney): Who was the second name? Commissioner Plummer: He didn't, he was holding the second. Mr. Jones: No, Commissioner Regalado. Mr. Walter J. Foeman (City Clerk): Christina Morales. Commissioner Regalado: Chirstine Morales. Chairman Hernandez: Motions by Commissioner Plummer, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. 217 January 13, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-85 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE ZONING BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 72. (A) DISCUSS CITY COMMISSION NEED TO CONFIRM DOWNTOWN DEVELOPMENT AUTHORITY APPOINTMENTS. (B) CONSIDER RATIFICATION PROCESS OF APPOINTMENTS TO BOARDS WHICH HANDLE LARGE AMOUNTS OF FUNDING OFF STREET PARKING, DOWNTOWN DEVELOPMENT AUTHORITY. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Do you have any...? Commissioner Plummer: When are the members...? Don't we suppose to appoint DDA (Downtown Development Authority)? Chairman Hernandez: Ah, no. Chairman Hernandez: This is what I have been told on DDA. They are making a... Vice Chairman Teele: We ratify on DDA. Chairman Hernandez: They are making a list, and we have to ratify from the list. Commissioner Regalado: But... But, can we...? Commissioner Plummer: Excuse me. Let's make sure we understand each other. They are making a list which we can accept or reject. Commissioner Regalado: Right, right. That's what I remembered. 218 January 13, 1998 Commissioner Plummer: Big difference. Vice Chairman Teele: Yeah, but you know, I agree. But, I don't understand why we rushed and ratified the Off -Street Parking so quickly. I mean, that was a ratification. One came through, there was no discussion. Commissioner Plummer: Off -Street Parking? Vice Chairman Teele: Off -Street Parking, a week ago, there was one person, a fine gentleman who owns WOMETCO or the CEO (Chief Executive Officer) of WOMETCO. Chairman Hernandez: Arthur Hertz. Vice Chairman Teele: Arthur Hertz was approved without... And, I just think that we really ought to slow down on these boards, particularly where you have Off -Street Parking and DDA where you are dealing with such large sums of money. And, you know, it seems like these things that don't have any money, we spend a lot of time worrying with them, and the things that have money and resources, they seem to get away. And, I just would hope that we would really look at ratification in a serious way as opposed to just rubber stamping, on Off -Street Parking and DDA. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 73 (A) DISCUSS / DIRECT CITY MANAGER TO APPRISE COMMISSIONERS OF FUTURE HIRINGS / APPOINTMENTS IN THE OFFICE OF THE CITY MANAGER. (B) ADMINISTRATION TO DRAFT CONTROLS / STANDARDS / POLICY ON OUTSIDE EMPLOYMENT FOR MAYOR. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Teele: Mr. Chairman, I would like to ask that my pocket item be taken up. But, before I do, I would specifically like to request of the Manager, that I have not had any correspondence relating to any persons that have been appointed to the Manager's Office, to my knowledge. I certainly am not interested in joining Mayor Suarez in his discussions with the State's Attorney. However, I am very interested in knowing who is on board, and I would hope that the Manager would find fit to ensure that all of the Commissioners, those are in the loop and those that maybe out of the loop know who is being appointed with a resume as well as a job description, contemporaneous with them coming on the City payroll. And, I would think within 24 hours would be almost tardy in that regard. Secondly, there is a question, Mr. Attorney... Mr. Manager, Mr. Attorney and Mr. Chairman, relating to whether or not the rule related to City employees applies to the Mayor. Absent... Absent any discussion on benefits which I would hope that there would be a specific provision of the benefits discussion relating to the Manager, the Attorney, the Clerk and the Mayor. I would assume that the ruling would be that the Mayor is an employee of the City, the same as anyone else. But, I would hope that this is an issue that would be discussed as a comprehensive part of the benefit package. And, Mr. Chairman, I just would like to know your view and that of the City Attorney, is the Mayor deemed to be an employee of the City the same as any other employee? Chairman Hernandez: I'll leave that up to the City Attorney, but I will tell you my view on it. The way I see it is, as long as any type of outside employment has no type of conflict of interest with the City of Miami, and is outside City working hours, I would not have any problem with 219 January 13, 1998 the Mayor seeking any type of outside employment. Now, I don't know if he would be treated as a regular employee of the City of Miami or not, that's a legal question. Mr. A. Quinn Jones, III (City Attorney); Do you want me to answer now? Chairman Hernandez: Yes, please. Mr. Jones: I would think that he... Commissioner Plummer: I was thinking that you were going to make an opinion... just that quickly, but go ahead. Chairman Hernandez: Unless, you don't know. If you don't know, we'll find out later, I guess. Mr. Jones: No, I mean, I... I mean, view is that he is a salaried employee of the City. Nothwithstanding that, this Commission did pass as part of his compensation package that stipulation that he not have outside employment. So, certainly... Vice Chairman Teele: That he what? Mr. Jones: Not have outside employment. So, certainly, if you want to provide otherwise, you are going to have to rescind that resolution or modify it accordingly. Chairman Hernandez: Do you see any problem legally, if that outside employment, if we would decide to allow him to have outside employment whether it would be, just like any other regular City employee... Mr. Jones: Yeah. Chairman Hernandez: ... no conflict of interest and outside of working hours? Mr. Jones: Yeah, yeah. There is a... As you know, there is a form that has to be approved. In this instance, I suppose the Commission would be the entity that would approve it, and again, I guess as long as there is no conflict of interest and the like. And, again, it's subject to, his terms and conditions are still subject to this Commission's prerogative. Vice Chairman Teele: Mr. Chairman, I would only ask that as a part of the overall benefits package, that there be a specific provision that scrutinizes the Mayor, the City Attorney, the Clerk and the Manager, as it relates to that provision. And, again, I don't have problems particularly with the Mayor, but I think there needs to be some very clear controls and some clear policies. And, I would hope that your office along with the outside auditor, and the City Attorney could write some very clear standards, including notice and notifications, and all those other things that would be necessary, as it relates to the Mayor. Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: I have no problem with that. The only thing that I think, and I would yield to the Mayor, is that he doesn't spend so much time in an outside employment that he doesn't have the time to do what he should do in the City. And, that's going to have to be his call. I think, as Commissioner Teele has said, to write the specs of some kind of parameters. Maybe, we could do it on a basis that we do it on a six month basis, of renewable on six months. That if we, the Commission find out that we feel he's been spending too much time out, then we can change the parameters. But, I have no problem with him in having an outside income. 220 January 13, 1998 Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Commissioner. Vice Chairman Teele: I really don't either. I just think it needs to be clear... Chairman Hernandez: Yes. Vice Chairman Teele: ... it needs to be in writing. I don't think he should be treated the same as any other employee, that is to say, his rights should be narrower, not broader. Chairman Hernandez: Uh-huh. Vice Chairman Teele: But, I do think and agree with Commissioner Plummer, that we should have specifically in that package, the provision whereby we may revoke that right on behalf of the Mayor, on behalf of the Clerk, on behalf of the City Attorney, if they have it. And, you know, I am not assuming that they do have it, but should they have it. But, I do think it needs to be clarified. Commissioner Plummer: How much should we agree to reduce his pay? Vice Chairman Teele: Dollar for dollar. Commissioner Plummer: Oh, OK. Vice Chairman Teele: I am only joking. Commissioner Plummer: I am not. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 74. APPOINT ROBERT MASRICH TO COCONUT GROVE PARKING ADVISORY COMMITTEE -- SEE LABEL 54. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Any other issues before the Commission at this point? Commissioner Plummer: Yeah, I have a problem, Mr. Chairman. For some reason on item 43, the Coconut Grove Parking Advisory Board, the Clerk or someone failed to pickup the Commission at -large appoints recommended by Off-street Parking. And, I recommended Mr. Masrieh. Chairman Hernandez: OK. Mr. Walter J. Foeman (City Clerk): I think they had proffered one name, Ted Stahl. Ted Stahl's name was... Chairman Hernandez: Name was proffered. Mr. Foeman: ... was proffered for the Coconut Grove... 221 January 13, 1998 Commissioner Plummer: No, I.- But, I proffered Mesrieh instead of Ted Stahl. Chairman Hernandez: Yeah, but... Commissioner Plummer: Which was requested by Mr. Cook. Mr. Foeman: OK. Commissioner Regalado: I)o we have...? Chairman Hernandez: Is that all right? Mr. Foeman: I was under the impression that we had to take from what was recommended. The Off-street Parking Board had recommended Ted Stahl, but... Chairman Hernandez: Well, we have a motion by Commissioner Plummer appointing Mr. Mesrieh. Commissioner Plummer: Yeah. Chairman Hernandez: Is there a second? Vice Chairman Teele: Second. Chairman Hernandez: Second by Vice Chairman Teele. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-86 A RESOLUTION APPOINTING CERTAIN. -INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 222 January 13, 1998 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 75. KPMG PEAT MARWICK TO SERVE AS AUDITING FIRM FOR CRA SOUTHEAST OVERTOWN. PARK WEST -- FURTHER ENGAGE WATSON- RICE TO SERVE AS AUDITING FIRM FOR OMNI REDEVELOPMENT DISTRICT -- FURTHER INSTRUCTING ENGAGEMENT OF PLANNING/ARCHITECTURAL FIRM TO EVALUATE EXISTING BOUNDARIES OF SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT -- INITIATE PROCESS. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Pocket item. Vice Chairman Teele: Pocket item. First, I would like to request that the board of the CRA (Community Redevelopment Agency) take notice of a meeting to beheld at 2:00 p.m., a week from Tuesday, the 27th. That's the same day of Commission meeting, and it will be just five minutes before the Commission meeting. Commissioner Plummer: All right, just for your edification. The CRA got into a bunch of hassles before, and I am only saying it because... for the record, Art. That they want their meetings in their area. Vice Chairman Teele: Well, these are... Commissioner Plummer: Since this is only for a one shot, a very quick thing, I don't think anybody will object. But, I am saying to you that in the past... Vice Chairman Teele: Yeah, and I agree, and we will endeavor to settle... establish monthly or bimonthly meetings every two months in the area. And, we will work to establish that schedule. Commissioner Plummer: Right. Vice Chairman Teele: But, the meeting would be to consider the appointment of the City's auditing firm to serve as the auditing firm for the Southwest Overtown and the CRA as well as the auditing firm to serve for the OMNI CRA. And, then the pocket item, Mr. Attorney. Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes. 223 January 13, 1998 Vice Chairman Teele: Would you read it into the record? [AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION BY TITLE INTO THE PUBLIC RECORD.] Vice Chairman Teele: So moved. Commissioner Plummer: Second. Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 98-87 A RESOLUTION (1) AUTHORIZING THE ENGAGEMENT OF THE FIRM OF KPMG PEAT MARWICK TO SERVE AS THE AUDITING FIRM FOR THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT ("SEOPW") AND THE COMMUNITY REDEVELOPMENT AGENCY ("CRA"); (2) AUTHORIZING THE ENGAGEMENT OF THE FIRM OF WATSON-RICE TO SERVE AS THE AUDITING FIRM FOR THE OMNI REDEVELOPMENT DISTRICT ("OMNI"); (3) AUTHORIZING THE CHAIRMAN OF THE CRA, JOINTLY WITH THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS TO ENGAGE A PLANNING/ARCHITECTURAL FIRM ("FIRM") FROM THE LIST OF QUALIFIED FIRMS PRESENTLY UNDER CONTRACT WITH THE CITY, FOR THE PURPOSE OF (A) EVALUATING THE EXISTING BOUNDARIES OF SEOPW AND RECOMMENDING MODIFICATIONS THERETO AND (B) REVIEWING THE EXISTING AND PROPOSED PROJECTS FOR SEOPW AND OMNI AS TO THEIR FEASIBILITY AND TO SERVE AS PROJECT MANAGER FOR SAID PROJECTS; (4) AUTHORIZING THE CITY ATTORNEY AND OUTSIDE COUNSEL FOR THE CRA TO INITIATE THE PROCESS FOR AMENDING THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN TO MODIFY THE SEOPW BOUNDARIES AS RECOMMENDED BY THE FIRM; (5) ALLOCATING FUNDS FOR THE ABOVE PURPOSES FROM THE OPERATIONAL BUDGETS OF THE CRA AND THE RESPECTIVE REDEVELOPMENT DISTRICTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Vice Chairman Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort 224 January 13, 1998 Chairman Hernandez: Is that it? Vice Chairman Teele: That's it. Chairman Hernandez: Is there a motion to adjourn? Commissioner Plummer: So be it. Always in order. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:06 P.M. COMMISSIONER HUMBERTO HERNANDEZ PRESIDING OFFICER/CHAIRMAN ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 1 * - p • W-ORA7ED II,, 18�96 225 January 13, 1998