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Home My WebLink AboutCC 1998-04-14 MinutesCITY OF MIAMI NI fit' r INCORP )N:1Ti � 1! 96 COMMISSION MINUTES OF MEETING HELD ON APRIL 14, 1998 (Regular Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk INDEX MINUTES OF REGULAR MEETING April 14, 1998 ITEM SUBJECT NO. 1. CONSENT AGENDA. LEGISLATION DISCUSSION 4/14/98 1.1. AUTHORIZE PROFESSIONAL SERVICES R 98-330 AGREEMENTS WITH ONE DOMESTIC 4/14/98 VIOLENCE ADMINISTRATOR AND THREE SENIOR COUNSELORS -- FOR POLICE -- ALLOCATE $93,733.32 FROM STOP VIOLENCE AGAINST WOMEN GRANT, ACCT. CODE 142019.291235.6.270. 1.2. AUTHORIZE FUNDING FOR BLACK R 98-331 ARCHIVES, HISTORY & RESEARCH 4/14/98 FOUNDATION OF SOUTH FLORIDA, INC. -- ALLOCATE $6,000.00 FROM LAW ENFORCEMENT TRUST FUND. 1.3. ACCEPT BIDS: MCO ENVIRONMENTAL, INC. R 98-332 / ENVIRONMENTAL CONTRACTORS, INC. / 4/14/98 ASBESTOS CERTIFIED TECHNICIANS, INC. FOR ASBESTOS REMOVAL SERVICES CITYWIDE -- FOR BUILDING AND ZONING -- ALLOCATE $150,000.00 FROM COMMUNITY DEVELOPMENT 23 YEAR BLOCK GRANT PROGRAM, ACCOUNT CODE 799206.459017.6. 340. 1.4 ACCEPT BIDS: ED MORSE FLEET SALES R 98-333 AND MARRONE DODGE -- FOR VEHICLES 4/14/98 FOR PUBLIC WORKS -- ALLOCATE $69,161.00 FROM STORM WATER UTILITY TRUST FUNDS, CIP PROJECT 352277. 1.5. ACCEPT BIDS: A & B HARDWARE & LUMBER R 98-334 AND ACE HARDWARE SHELL LUMBER 4/14/98 COMPANY -- FOR LUMBER AND PLYWOOD ON SPOT MARKET BASIS -- FOR VARIOUS DEPARTMENTS -- ALLOCATE $26,00.00 FROM VARIOUS OPERATING BUDGETS. 1.6. APPROVE SOFTWARE APPLICATION R 98-335 PURCHASE FROM WAREFORCE, INC. -- FOR 4/14/98 POLICE -- ALLOCATE $8,606.93 FROM CAPITAL IMPROVEMENT PROGRAM ACCOUNT CODE 312018.299401.6.840 / ENTREPRENEURIAL FUND ACCOUNT CODE 126001.290402.6.840 / LAW ENFORCEMENT TRUST FUND ACCOUNT CODE 690003.291219.6. 840. PAGE NO. 1-5 11 n 11 VA 7 C? 1.7. APPROVE CITY'S LOCAL HOUSING R 98-336 ASSISTANCE PLAN PURSUANT TO STATE 4/14/98 HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP). 1.8. WITH ATTACHMENTS, ACCEPTING THE R 98-337 PLAT ENTITLED AMBARINA SUBDIVISION IN 4/14/98 THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATION SHOWN ON SAID PLANT; 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. 1.9. ACCEPT PLAT: GABRIELA SUBDIVISION. R 98-338 4/14/98 1.10. AUTHORIZE FUNDING -- FOR POLICE R 98-339 EXPLORERS PROGRAM -- ALLOCATE 4/14/98 $50,000.00 FROM LAW ENFORCEMENT TRUST FUND PROJECT NUMBERS 690001, 690002, 690003. 1.11. AUTHORIZE FUNDING LITTLE HAVANA R 98-340 COMMUNITY T.E.A.M. OMC/ -- ALLOCATE 4/14/98 $15,000.00 FROM LAW ENFORCEMENT TRUST FUND ACCOUNT CODE 690003.291230.6. 940. 1.12. ACCEPT BID: VENECON, INC. -- FOR FOUR R 98-341 WAY LODGE GUARDHOUSE, B-4595 4/14/98 PROJECT -- ALLOCATE $99,224.70 FROM PROJECT 341204, FROM CAPITAL IMPROVEMENT ORDINANCE 11623. 1.13. ACCEPT BID: R. L. SAUM CONSTRUCTION, R 98-342 INC. -- FOR BAYWOOD PARK SHORELINE 4/14/98 IMPROVEMENTS, B-3262 -- ALLOCATE $123,532.70 FROM CAPITAL IMPROVEMENT ORDINANCE 11623, PROJECT 331405. 1.14. ACCEPT BID: D.E. GIDI & ASSOCIATES R 98-343 CORPORATION -- FOR COCONUT GROVE 4/14/98 MINI -PARK, NEW RESTROOM BUILDING, B- 6282 -- ALLOCATE $336,071.00 FROM CAPITAL IMPROVEMENT PROJECT 33182. 1.15. ACCEPT BID: BENNETT ELECTRIC SERVICE R 98-344 COMPANY, INC. -- FOR PEACOCK PARK 4/14/98 ROLLER HOCKEY COURT LIGHTING, B- 6283 -- ALLOCATE $37,8800.00 FROM CAPITAL IMPROVEMENT PROJECT 331359. 10 10 11 11 12 12 1.16. AUTHORIZE CONTRACT WITH SIMON R 98-345 LADDER TOWERS, INC. -- FOR 4/14/98 REFURBISHMENT OF AERIAL TRUCK -- FOR FIRE -RESCUE -- ALLOCATE $414,099.00 FROM CAPITAL IMPROVEMENT PROJECT 313233. 1.17. ALLOCATE $7,000.00 FROM COMMUNITY R 98-346 DEVELOPMENT BLOCK GRANT FUNDS 4/14/98 PROJECT 799613 -- FOR BUSINESS REHABILITATION IN EDISON/LITTLE RIVER TARG ET AR EA. 1.18. ACCEPT BIDS: MERCEDES ELECTRIC R 98-348 SUPPLY, INC. / PARAMOUNT ELECTRICAL 4/14/98 DIST., INC. / GE SUPPLY -- FOR ELECTRICAL SUPPLIES -- FOR MIAMI RIVERSIDE CENTER BUILDING -- ALLOCATE $18,000.00 FOR ONE YEAR WITH OPTION TO EXTEND FOR TWO ADDITIONAL YEARS AT $25,000.00 ANNUALLY FROM ACCOUNT CODE 504000.421901.707. 2. (A) COMMENDATION / PROCLAMATIONS DISCUSSION CERTIFICATES OF APPRECIATION: BLUE 4/14/98 RIBBON TASK FORCE. (B) MEMBERS: MODESTO MAIDIQUE / EDWARD T. FOOTE, 11 / IRA. (C) CLARK / NEIL HALL; OUTSTANDING POLICE OFFICERS FOR THE MONTH OF MARCH: ANGEL CALZADILLA AND RICHARD PEREZ. 3. SCHEDULE CEREMONIAL AGENDA ITEMS R 98-349 TO BEGIN AT 9:30 A.M. -- FOR FUTURE 4/14/98 AGENDAS -- FOR BOTH CITY COMMISSION MEETINGS. APPROVE INCREASING CONTRACT WITH R 98-350 BENNETT ELECTRIC SERVICE CO. TO 4/14/98 $152,385.00 -- FOR ATHALIE RANGE PARK SPORT LIGHTING PROJECT-SOCCER/BALL FIELD, B-6251, CIP 331070 --- ALLOCATE #35,743.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT 331070. -- DISCUSS NEED TO DEVELOP GUIDELINES SPECIFYING PERCENTAGE INCREASES TO CONTRACTS WHICH WOULD REQUIRE FOUR FIFTHS APPROVALVOTE. 13 13 14 14 14-15 16-18 5. (A) PERSONAL APPEARANCE: MATTHEW R 98-351 19-28 LIEBOWITZ, OUTSIDE COUNSEL TO UPDATE M 98-352 CITY COMMISSION ON STATUS OF (TCI) 4/14/98 CABLE TELEVISION FRANCHISE REGULATIONS AND PROVIDE RECOMMENDATIONS -- CONTINUE ENGAGEMENT OF LIEBOWITZ AND ASSOCIATES, P.A. AS OUTSIDE COUNSEL TO ADVISE CITY ON RELATED CABLE TELEVISION LICENSE AGREEMENT AND RENEWAL MATTERS -- ALLOCATE MAXIMUM OF $135,000.00-- SEE LABEL 30. (B) MIAMI TELECOMMUNICATIONS (TCI) CONTRACT FOR CABLE TELEVISION (TV) NOT TO BE EXTENDED FURTHER -- ISSUE REQUEST FOR QUALIFICATIONS TO PROVIDE CABLE SERVICES FOR CITY. 6. PERSONAL APPEARANCE: ELLIOT DISCUSSION 29-30 KAPLAN -- REQUEST FOR PERMIT TO HAVE 4/14/98 NEW YEAR'S EVE PARTY IN PEACOCK AND MYERS PARK -- DEFER CONSIDERATION TO SCHEDULED MEETING OF APRIL 28, 1998 -- FURTHER DIRECT MR. KAPLAN TO MEET WITH THE COCONUT GROVE CIVIC ASSOCIATION. 7. TABLE TO LATER IN SESSION -- PERSONAL DISCUSSION 30-32 APPEARANCE: KATHY BLOUNT -- REQUEST 4/14/98 FOR ALCOHOL AND BEVERAGE PERMIT -- FOR COCONUT GROVE BED RACE -- SEE LABEL 10. 8. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 32-34 SPECIAL REVENUE FUND: OFFICE OF THE 11635 CITY CLERK / PASSPORT ACCEPTANCE 4/14/98 FACILITY (FY'98) -- APPROPRIATE $100,000.00 -- ACCEPT REVENUES DERIVED -- USE DERIVED REVENUES EXCLUSIVELY TO FUND GENERAL OPERATING BUDGET OF OFFICE OF CITY CLERK. 9. AUTHORIZE SUBMITTING TO U.S. R 98-353 35-36 DEPARTMENT OF STATE, PASSPORT 4/14/98 SERVICES OFFICE, CITY'S INTEREST IN BECOMING PASSPORT ACCEPTANCE FACILITY -- FURTHER DIRECTING CITY MANAGER TO FIND SUITABLE SPACE TO HOUSE SUCH OPERATION. 10. CONTINUED -- PERSONAL APPEARANCE: R 98-354 36-38 KATHY BLOUNT -- GRANT REQUEST FOR 4/14/98 ALCOHOL AND BEVERAGE PERMIT -- FOR COCONUT GROVE BED RACE -- SEE LABEL 7. 11. ESTABLISH SPECIAL REVENUE FUND: '98 ORDINANCE 38-40 SUMMER YOUTH EMPLOYMENT TRAINING 11636 PROGRAM -- APPROPRIATE $471,000.00 4/14/98 GRANT FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. 12. APPROVE SECOND READING ORDINANCE: ORDINANCE 40-41 AMEND ORDINANCE 11395 ESTABLISHING 11637 RESOURCES FOR SPECIAL REVENUE FUND 4/14/98 ENTITLED VICTIMS OF CRIME ACT -- INCREASE APPROPRIATIONS BY $60,000.00 GRANT FROM STATE OF FLORIDA. 13. APPROVE SECOND READING ORDINANCE: ORDINANCE 42-43 ESTABLISH SPECIAL REVENUE FUND: 11638 WEED AND SEED ASSET FORFEITURE -- 4/14/98 APPROPRIATE $100,000.00 FROM GRANT FROM U.S. DEPARTMENT OF JUSTICE. 14. APPROVE SECOND READING ORDINANCE: ORDINANCE 43-45 AMEND ORDINANCE 10021 WHICH 11639 ESTABLISHED LAW ENFORCEMENT TRUST 4/14/98 FUND -- INCREASE APPROPRIATIONS BY $1,174,000.00 FROM FORFEITURES. 15. APPROVE SECOND READING ORDINANCE: ORDINANCE 45-47 AMEND SECTION 18-182 OF CODE: 11640 AUTHORITY TO SELL -- INCLUDE 4/14/98 REQUIREMENT FOR PAYMENT IN LIEU OF TAXES -- FOR CONVEYANCE OF REAL PROPERTY EXEMPT FROM TAXATION. 16. DISCUSS / CONTINUE CONSIDERATION OF M 98-355 48-51 AGENDA ITEM 15 (PROPOSED SECOND 4/14/98 READING ORDINANCE: REGULATE PLACEMENT OF NEWS RACKS IN PUBLIC RIGHT -OF WAY) TO SCHEDULED MEETING OF MAY 26, 1998 -- DIRECTING PUBLIC WORKS TO MEET WITH ALL AFFECTED PARTIES -- FURTHER DIRECTING PUBLIC WORKS TO RESEARCH SIMILAR PRACTICES IN OTHER CITIES AND PROVIDE RECOMMENDATIONS AT SCHEDULED MEETING OF MAY 26, 1998. 17. APPROVE SECOND READING ORDINANCE: ORDINANCE 52-53 APPROVE FAIRHAVEN ROVING SECURITY 11641 GUARD SPECIAL TAXING DISTRICT -- FOR 4/14/98 ROVING POLICE PATROL SERVICE AT FAIRHAVEN NEIGHBORHOOD. 18. APPROVE SECOND READING ORDINANCE: ORDINANCE AMEND SECTIONS 2-33 AND 2-34 OF CODE: 11642 PROVIDE FOR CITY COMMISSIONERS TO 4/14/98 SIGN PROCLAMATIONS -- PROVIDE FOR CEREMONIAL HEAD OF GOVERNMENT IN CASE OF VACANCY IN POSITION OF MAYOR. 19. APPROVE SECOND READING ORDINANCE: ORDINANCE ESTABLISH FOUR REVENUE FUNDS: 11643 COMMUNITY DEVELOPMENT BLOCK GRANT 4/14/98 (CDBG) / HOME INVESTMENT PARTNERSHIPS (HOME) / EMERGENCY SHELTER GRANT (ESG) / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) -- FURTHER APPROPRIATE $3,000,000. FROM COMMUNITY DEVELOPMENT PROGRAM INCOME AND $200,000 FROM ESTIMATED HOME PROGRAM INCOME -- FOR TOTAL APPROPRIATION OF $28,608,000. 20. APPROVE FIRST READING ORDINANCE: ORDINANCE AMEND CODE -- CREATE BROWNSFIELD FIRST ADVISORY BOARD (BAB). READING 4/14/98 21. FIRST READING ORDINANCE: ESTABLISH ORDINANCE SPECIAL REVENUE FUND: "BLUE RIBBON FIRST TASK FORCE" -- APPROPRIATE FUNDS READING ($21,500) CONSISTING OF DONATION FROM 4/14/98 TASK FORCE. 22. APPROVE FIRST READING ORDINANCE: ORDINANCE AMEND SECTION 2-33(e) OF CODE -- FIRST REQUIRE CITY MANAGER TO REVIEW AND READING RECOMMEND TO COMMISSIONERS PRIOR 4/14/98 TO CITY COMMISSION MEETING ON ALL POCKET ITEMS HAVING FISCAL IMPACT. 23. CONTINUE CONSIDERATION OF AGENDA M 98-356 ITEM 24 (PROPOSED FIRST READING 4/14/98 ORDINANCE: AMEND CHAPTER 2 SECTION 2-211 OF CODE REQUIRING CERTIFICATE OF SALE ISSUED PRIOR TO SALE OF FAMILY RESIDENTIAL) TO MEETING OF APRIL 28, 1998. 24. DEFER CONSIDERATION OF AGENDA ITEM M 98-357 25 (PROPOSED FIRST READING 4/14/98 ORDINANCE: AMEND SECTION 54-3 OF CODE REQUIRING ADVANCE NOTICE OF TEMPORARY STREET CLOSURES FOR PERMIT ISSUANCE) TO SCHEDULED MEETING OF APRIL 28, 1998 -- DIRECTIVE TO INFORM COMMISSIONERS OF TEMPORARY STREET CLOSURES IN THEIR RESPECTIVE DISTRICTS. 55-56 57-58 we 60-61 62-63 64-67 25. APPROVE PURCHASE OF EMERGENCY R 98-358 MEDICAL CARE VEHICLES -- FOR FIRE- 4/14/98 RESCUE -- ALLOCATE $1,010,000.00 FROM CIP PROJECT 313233, ACCOUNT CODE 289401.840. 26. AUTHORIZE REQUEST FOR PROPOSAL R 98-359 (RFP) -- FOR EMERGENCY MEDICAL 4/14/98 TRANSPORTATION BILLING AND / OR COLLECTIONS SERVICES -- FOR FIRE - RESCUE. 27. (A) APPROVE SALARY AND BENEFITS FOR R 98-360 NEW CITY ATTORNEY (ALEJANDRO R 98-361 VILARELLO). 4/14/98 (B) APPROVE SEVERANCE PAY FOR SIX MONTHS FOR CITY ATTORNEY (ALEJANDRO VILARELLO) -- SEE LABEL 48. 28. GRANT TEATRO MARTI OWNER (NESTOR M 98-362 CAPOTE) THIRTY DAY EXTENSION TO 4/14/98 FULFILL LOAN PAYMENTS TO MIAMI CAPITAL. 29. (A) RECONSIDER AGENDA ITEM PZ-16 M 98-363 FROM MEETING OF MARCH 24, 1998 M 98-364 (PROPOSED FIRST READING ORDINANCE 4/14/98 AMENDING ARTICLE 9, SECTION 920.2.2: PARKING MAJOR RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS). (B) RESCHEDULE PROPOSED FIRST READING ORDINANCE AMENDING ARTICLE 9, SECTION 920.2.2: PARKING MAJOR RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS FOR MEETING OF APRIL 28, 1998. 67-68 69-71 71-77 77-83 84-86 30. CONTINUED DISCUSSION ON PAYMENTS DISCUSSION 86-87 MADE TO MATTHEW LIEBOWITZ BEYOND 4/14/98 $135,000.00 AS OUTSIDE COUNSEL FOR CITY -- FOR CABLE TELEVISION FRANCHISE MATTER -- SEE LABEL 5. 31. DIRECTIVE TO CITY MANAGER TO RESOLVE DISCUSSION 87-88 TRAFFIC PROBLEM ON TIGERTAIL AVENUE 4/14/98 BY RANSOM EVERGLADES SCHOOL. 32. SECOND READING ORDINANCE: CREATE ORDINANCE 88-105 SPECIAL TAXING DISTRICT FOR ENTRADA 11644 NEIGHBORHOOD -- FOR 24-HOUR 4/14/98 STATIONARY SECURITY GUARD SERVICE AND INTERIM ROVING POLICE PATROL. 33. CONTINUE TO NEXT MEETING ASSIGNMENT R 98-365 OF PATRICK MEDIA GROUP, INC. -- FOR 4/14/98 BUS SHELTERS -- INSTRUCT CITY MANAGER TO NEGOTIATE BETTER CONTRACT WITH TIMETABLES FOR BUS SHELTERS. 34. COMMISSIONER ISSUES CONDOLENCES TO R 98-366 FAMILY OF OFELIA BANGO DE PEREZ- 4/14/98 ROURA, UPON HER UNTIMELY DEATH. 35. PERSONAL APPEARANCE: CHARLIE COX REGARDING RENE ALFONSO'S SUSPENSION WITHOUT PAY -- COMMISSION ENNUNCIATES POLICY THAT ARRESTED CITY EMPLOYEES SHOULD BE ENTITLED TO PRESUMPTION OF INNOCENCE -- AUTHORIZES CITY MANAGER TO DETERMINE WHETHER TO SUSPEND EMPLOYEE WITH PAY IN SUCH CASES OR TO REASSIGN EMPLOYEE -- FURTHER STIPULATES THAT SUCH POLICY BE RETROACTIVE TO MARCH 1, 1998 -- COMMISSION ALSO COMMENTS ON POLICE DEPARTMENTAL POLICY CONCERNING SUSPENSION OF ITS EMPLOYEES. 36. AUTHORIZE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KPMG PEAT MARWICK LLP -- FOR ADDITIONAL SERVICES -- INCREASING FEE BY $130,000.00 FROM $200,000.00 TO $330,000.00 -- ALLOCATE $130,000.00 FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND CODE 921002-270. 37. (A) AUTHORIZE CONTINUATION OF NEIGHBORHOOD CLEANUP PROGRAM UNTIL SEPTEMBER 30, 1998 -- ALLOCATE $320,000.00 FROM SOLID WASTE BUDGET, ACCOUNT CODE 422001.320302.990. (B) DISCUSS NEED TO REGULATE USE OF LAWN GRASS AND LEAVES BLOWERS -- FURTHER DISCUSS CITY'S EFFORTS TO CLEAN ITS OWN EMPTY LOTS. (C) DIRECT CITY MANAGER TO REVIEW NET OFFICES STRUCTURE / EFFICIENCY / STAFFING BEFORE AUGUST 1, 1998 -- SEE LABEL 66A. M 98-367 4/14/98 R 98-368 4/14/98 R 98-369 4/14/98 105-111 112-121 121-125 126-135 38. AUTHORIZE CITY ATTORNEY TO ENGAGE R 98-371 SERVICES OF OUTSIDE COUNSEL IN AN 4/14/98 AMOUNT OF $10,000 FOR SERVICES RELATED TO THE DETERMINATION OF WHETHER THE DEPARTMENT OF OFF- STREET PARKING CAN USE EXCESS FUNDS FROM BOND DOCUMENTS IN A WAY TO FINANCIALLY BENEFIT THE CITY; FURTHER AUTHORIZE THE DEPARTMENT OF OFF- STREET PARKING TO ENGAGE BOND COUNSEL OF HAWKINS, DELAFIELD AND WOOD FOR SAME. 39. AUTHROIZE SETTLEMENT: REBEKKA R 98-372 BUCHKALT ($60,000.00) AND JAMES 4/14/98 HANNON ($9,000.00), COURT CAse 96-12493 CA (21) -- ALLOCATE FUNDS FROM ACCOUNT CODE 515001.424401.6.652. 40. DEFER CONSIDERATION OF AGENDA ITEM M 98-373 34 (PROPSED SETTLEMENT: MILAGROS 4/14/98 AND ERNESTO DEL CASTILLO) -- SEE LABELS 66B AND 68. 41. AUTHORIZE EXECUTION OF JOINT M 98-374 PARTICIPATION AGREEMENT -- FOR CITY 4/14/98 TO APPLY FOR U.S. HUD SECTION 108 LOAN GUARANTEE TO REPLACE EIGHTY PERCENT OF MIAMI-DADE COUNTY'S SECTION 108 LOAN GUARANTEE -- FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND -- SEE LABEL 64. 42. AUTHORIZE APPROVAL OF DEVELOPMENT R 98-375 PLANS -- FOR PARROT JUNGLE AND 4/14/98 GARDENS OF WATSON ISLAND. 43. GRANT MAJOR USE SPECIAL PERMIT -- FOR R 98-376 PARROT JUNGLE AND GARDENS OF 4/14/98 WATSON ISLAND, TO BE LOCATED AT 901 MacARTHUR CAUSEWAY ON WATSON ISLAND. 44. GRANT PERMISSION TO PROCEED WITH M 98-377 COCONUT GROVE WELCOME CENTER 4/14/98 LOCATED AT 2820 McFARLANE ROAD -- FURTHER STIPULATE THAT CENTER WILL PAY UTILITIES BEGINNING OCTOBER 1, 1998. 45. DEFER CONSIDERATION OF AGENDA ITEM M 98-378 39 (PROPOSED CONSTRUCTION OF 4/14/98 MELROSE TOWNHOMES PROJECT, PHASE III BY CODEC, INC., CONVERTING CODEC'S LOAN INTO GRANT) TO MEETING OF MAY 12, 1998. 135-141 141-143 143-145 145-151 152 153 154-158 WUls I 46. DIRECT CITY MANAGER TO URGE POLICE M 98-379 164-165 CHIEF TO ALLOCATE $50,000.00 TO FILM 4/14/98 SOCIETY OF MIAMI FROM LAW ENFORCEMENT TRUST FUND -- FURTHER REQUESTING TO BRING ISSUE BACK FOR CITY COMMISSION APPROVAL. 47. DISCUSS POSSIBLE MEASURES TO DISCUSSION 165-170 INCREASE FIGHT AGAINST 4/14/98 PROSTITUTION -- REQUEST CITY MANAGER TO RESEARCH AND RETURN BY NEXT CITY COMMISSION MEETING WITH RECOMMENDATIONS. 48. GRANT BENEFITS TO INTERIM CITY R 98-380 170-171 ATTORNEY JOEL E. MAXWELL -- FOR 4/14/98 SERVICES PROVIDED PLUS RESTITUTION FOR OUT-OF-POCKET COSTS -- SEE LABEL 27. 49. APPOINT DR. LAURINUS PIERRE TO R 98-381 171-172 AFFIRMATIVE ACTION ADVISORY BOARD. 4/14/98 50. APPOINT DR. LAURINUS PIERRE TO DISCUSSION 173 AFFIRMATIVE ACTION ADVISORY BOARD. 4/14/98 51. APPOINT SEVERAL INDIVIDUALS TO R 98-382 174-175 COMMISSION ON THE STATUS OF 4/14/98 WOMEN -- SEE LABEL 53. 52. APPOINT CONSUELO ESPINOSA TO LITTLE R 98-383 176-177 HAVANA SPECIAL EVENTS ADVISORY 4/14/98 COMMITTEE. 53. DIRECT CITY MANAGER TO RECOMMEND DISCUSSION 177-178 OFFICE SPACE FOR COMMISSION ON THE 4/14/98 STATUS OF WOMEN -- SEE LABEL 51. 54. APPOINT RUBEN OLIVA TO PROPERTY AND R 98-384 178-179 ASSET REVIEW COMMITTEE. 4/14/98 55. AUTHORIZE PAYMENT TO INTERAMERICAN R 98-385 179-181 CAR -- FOR TEMPORARY RENTAL OF 4/14/98 VEHICLES FOR OFFICE OF THE MAYOR -- ALLOCATE $5,119.52 FROM GENERAL SERVICES ADMINISTRATION FY '98 GENERAL FUNDS, ACCOUNT CODE 503001- 420905-340. 56. (A) RECONSIDER PREVIOUSLY WITHDRAWN M 98-386 AGENDA ITEM CA-21. R 98-387 (B) APPROVE PROPOSED AGREEMENT 4/14/98 WITH PUBLIC HEALTH TRUST OF DADE COUNTY -- FOR COORDINATION OF EMERGENCY MEDICAL SERVICES FOR ONE YEAR WITH INSTRUCTION TO FO ABOUT TO BED THEREAFTER. 57. EMERGENCY ORDINANCE: AMEND ORDINANCE SECTION 2-1013(a) OF CODE -- DESIGNATE 11645 MAYOR AS VOTING MEMBER OF MIAMI 4/14/98 SPORTS AND EXHIBITION AUTHORITY. 58. REAFFIRM APPOINTMENT OF R 98-388 COMMISSIONER HUMBERTO HERNANDEZ 4/14/98 CITY COMMISSION APPOINTEE TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY. 59. DIRECT CITY MANAGER TO SUBMIT R 98-389 APPLICATION TO FLORIDA COMMUNITIES 4/14/98 TRUST PROGRAM -- FOR $300,000.00 GRANT -- FOR PURCHASE OF REAL PROPERTY (THE POINT) LOCATED IN SPRING GARDEN NEIGHBORHOOD. 60. CERTIFY THAT HOUSING PROJECTS IN R 98-390 OVERTOWN TARGET AREAS DEVELOPED 4/14/98 BY HABITAT FOR HUMANITY OF GREATER MIAMI AND PROPOSED TO BE DEVELOPED BY HABITAT IN LITTLE HAITI TARGET AREA ARE CONSISTENT WITH MIAMI COMPREHENSIVE PLAN 1989-2000 AND THE BLOCK GRANT CONSOLIDATED PLAN -- DIRECT CITY MANAGER TO FORWARD RESOLUTION TO STATE OF FLORIDA. 61. (A) DIRECT CITY MANAGER TO SCHEDULE DISCUSSION WORKSHOP TO DISCUSS PROPOSED 4/14/98 RECYCLING ORDINANCE -- FURTHER DIRECTING MANAGER TO RESEARCH WASTE COMPANIES OPERATING WITHOUT PROPER PERMITS. (B) BRIEF DISCUSSION ABOUT DRAFTING AGREEMENT BETWEEN BASIC TRAINING AND CITY -- FOR THEIR USE OF CITY OWNED BUILDING AT 224 N.W. 12 STREET -- SEE LABEL 65. 62. AUTHORIZE REQUEST FOR PROPOSALS R 98-391 FROM QUALIFIED FIRMS AND/OR 4/14/98 INDIVIDUALS -- FOR SPONSORHIP OF BAYFRONT PARK AMPHITHEATER -- FURTHER AUTHORIZE FIFTEEN PERCENT FEE (FROM ANNUAL SPONSORHIP REVENUE) FOR PROCURER OF SPONSOR. 181-184 185-188 fiF1'3F'SI 191-192 192-193 194-196 196-197 63. DIRECT CITY MANAGER TO TOUR CITY DISCUSSION WITH MAYOR TO INSPECT TRASH PICKUP -- 4/14/98 SEE LABEL 61. 64. CONTINUED DISCUSSION OF ADVANTAGES TO CITY OF JOINT PARTICIPATION AGREEMENT FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND -- DIRECT CITY MANAGER TO SEEK OPINION OF CITY'S EXTERNAL AUDITORS AND FINANCIAL ADVISORS REGARDING PARROT JUNGLE JOINT PARTICIPATION AGREEMENT -- SEE LABEL 41. 65. (A) MODIFY CITY STAFF RECOMMENDATIONS IN HOUSING PROJECTS CATEGORY OF 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS --REALLOCATE MONIES FROM GREATER MIAMI NEIGHBORHOODS, INC AND TRANSFER TO MODEL HOUSING COOPERATIVE. HOUSING: APPROVE CITY STAFF RECOMMENDATIONS FOR 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR HOUSING PROJECTS -- FURTHER COMMISSION CONTINUES DISCUSSION REGARDING SCOPE AND PERFORMANCE LEVELS OF RECIPIENT ORGANIZATIONS. (B) HOPWA: APPROVE CITY STAFF RECOMMENDATIONS FOR 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROJECTS. (C) EMERGENCY SHELTER GRANT: APPROVE CITY STAFF RECOMMENDATIONS FOR 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR EMERGENCY SHELTER GRANT (ESG) PROJECTS. DISCUSSION 4/14/98 M 98-392 M 98-393 M 98-394 M 98-395 R 98-396 M 98-397 M 98-398 M 98-399 M 98-400 M 98-401 M 98-402 R 98-402. 4/14/98 197 W11Yk41 222-295 (D) PUBLIC FACILITIES: DEVELOP COMPREHENSIVE PROGRAM FOR BASIC TRAINING ORGANIZATION -- FURTHER DIRECTING CITY MANAGER TO PROVIDE BUILDING AT 224 N.W. 12 STREET TO SAID GROUP WITH INTENT TO CONVEY OWNERSHIP (OF BUILDING) TO THEM -- FURTHER DIRECTING MANAGER TO LOCATE LARGER BUILDING FOR SAID GROUP AND TO COMMIT FUNDS TO PURCHASE SAID LARGER BUILDING GIVING BASIC TRAINING FIRST OPPORTUNITY FOR REPROGRAMMING -- FURTHER INSTRUCTING MANAGER TO ALLOCATE $50,000 ON EMERGENCY BASIS TO BASIC TRAINING -- SEE LABEL 65 H. (E) HOME INVESTMENT: APPROVE CITY STAFF RECOMMENDATIONS FOR 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) PROJECTS. (F) ECONOMIC DEVELOPMENT: DIRECT CITY MANAGER TO TRANSFER $225,000.00 FROM 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT INCENTIVE FUND IN ORDER TO FUND APPROVED RECOMMENDATIONS FOR LITTLE HAITI JOB CREATION PLAZA. (G) GRANT ADMINISTRATION: APPROVE CITY STAFF RECOMMENDATIONS FOR 1998- 1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR GRANT ADMINISTRATION PROJECTS. (H) (i) CONTINUED DISCUSSION ON PUBLIC FACILITIES AND IMPROVEMENTS PROJECTS -- APPROVE CITY STAFF RECOMMENDATIONS WITH MODIFICATIONS FOR 1998-1999 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR PUBLIC FACILITIES -- SEE LABEL 65D. (ii) MODIFY CITY STAFF RECOMMENDATIONS IN PUBLIC FACILITIES AND IMPROVEMENTS PROJECTS -- TRANSFER $250,000.00 FROM FIRE -RESCUE PROPOSAL No.6 TO COMPLETE RECREATION CENTER AT VIRRICK PARK, CONDITIONED UPON APPROVAL OF FIRE ASSESSMENT FEE. (I) (i) SOCIAL SERVICES: MODIFY CITY TAFF RECOMMENDATIONS IN PUBLIC SERVICES AND SOCIAL PROGRAMS PROJECTS. (ii) AUTHORIZE SUBMITTAL TO USHUD OF CITY OF MIAMI'S FY 1998-1999 PROPOSED CONSOLIDATED PLAN INCLUDING PROJECTED USES OF FUNDS -- FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) / HOME INVESTMENT PARTNERSHIP / EMERGENCY SHELTER GRANT / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS. (J) DIRECTIVE TO PRESENT CORRECTED CITY OF MIAMI FY 1998-1999 CONSOLIDATED PLAN AT THE REGULARLY SCHEDULED MEETING OF MAY 12, 1998. (K) DIRECTIVE TO HIRE OUTSIDE PROFESSIONAL ENGINEERS TO REVIEW PROPOSED CAPITAL IMPROVEMENT PROJECTS. 66. (A) DIRECTIVE TO CONDUCT COMPLETE R 98-403 296-297 EVALUATION OF CITY'S NET OFFICES -- 4/14/98 PRESENT SAID EVALUATION NO LATER THAN AUGUST 1, 1998 -- FURTHER DIRECTING MANAGER TO ESTABLISH STAFFING OF NET OFFICES AS HIGHEST PRIORITY -- SEE LABEL 37. (B) COMMENTS FROM COMMISSIONER TEELE REGARDING AGENDA ITEM 34 (AUTHORIZE SETTLEMENT FOR MILAGROS AND ERNESTO DEL CASTILLO) -- SEE LABELS 40 AND 68. 67. AUTHORIZE REALLOCATIONS FROM R 98-404 298-299 COMMUNITY DEVELOPMENT BLOCK GRANT 4/14/98 FUNDS -- FOR FUNDING ELIGIBLE ACTIVITIES -- FURTHER ALLOCATING FUNDS FROM DOWNTOWN PARKS IMPACT FEE FOR BAYFRONT PARK IMPROVEMENTS PROJECT. 68. AUTHORIZE SETTLEMENT: MILAGROS AND R 98-405 300-301 ERNESTO DEL CASTILLO, CASE NO. 95- 4/14/98 22501 CA 30 -- ALLOCATE $110,000.00 SELF- INSURANCE TRUST FUNDS, CODE 515001.424401.6653 -- SEE LABELS 40 AND 66B. 69. DISCUSSION / DIRECTIVE TO ASCERTAIN DISCUSSION 302-307 CITY'S RIGHTS AGAINST OCEAN FREEZE 4/14/98 VESSEL -- RETURN WITH RECOMMENDATIONS BY SCHEDULED MEETING OF APRIL 28, 1998. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of April, 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 10:05 a.m. by Presiding Officer/Commissioner J. L. Plummer, Jr., (hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner Wifredo Gort (District 1) Commissioner J.L. Plummer, Jr. (District 2) Commissioner Humberto Hernandez (District 3) Jose Garcia -Pedrosa, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Commissioner Arthur E. Teele, Jr. (District 5) Commissioner Tomas Regalado (District 4) An invocation was delivered by Dr. Edward T. Foote, after which Vice Chairman Plummer led those present in a pledge of allegiance to the flag. ---------------------------------------------------------------------------------------------------------------- 1. CONSENT AGENDA. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: This is the regular Commission meeting of April the 14th. Dr. Foote, you should always do prayers on the spur of the moment. It was very good, and thank you. We have a very long agenda, and we will start to proceed with the Consent Agenda. Mr. Jose Garcia -Pedrosa: Withdrawals, please. 1 April 14, 1998 Vice Chairman Plummer: Withdrawals of the Consent Agenda. Mr. Manager. Mr. Garcia -Pedrosa: Mr. Vice Chairman, we would ask to withdraw CA-3. Vice Chairman Plummer: All right. Mr. Garcia -Pedrosa: CA-18. Vice Chairman Plummer: All right. Commissioner Gort: Wait a minute. Three eighteen? Vice Chairman Plummer: All right. Mr. Garcia -Pedrosa: And CA-19, on the request of Commissioner Regalado who is not here, but he had asked me to announce in his stead. Commissioner Gort: Three eighteen? Vice Chairman Plummer: Three eighteen, and nineteen. Mr. Garcia -Pedrosa: And 25. Vice Chairman Plummer: And... Twenty-five or CA-25. Mr. Garcia -Pedrosa: CA-25. Vice Chairman Plummer: So, everything being withdrawn is on the CA? Mr. Garcia -Pedrosa: I have one not on the CA, and that's item number 21, on the regular. Vice Chairman Plummer: Twenty-one on the regular agenda. All right, pulled for the Consent Agenda is items three, eighteen, nineteen and twenty-five. They automatically become an agenda item at the next Commission meeting. Is there anyone wishing to discuss any of the remaining items on the Consent Agenda? Commissioner Gort: Yes, I do. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: CA-6, I would like to have pulled out. Vice Chairman Plummer: Mr. Manager, he wants CA-6 to be removed. Commissioner Gort: And I want staff to let me know why this is being done, number one. And if this is being done to all the other committees of festivals that go through the process. And as a member of the Kiwanis of Little Havana, let me tell you, we have built over three parks within in the City of Miami. We have donated, I don't know how many hundreds of trees within 8th Street. We have put the illuminations and decorations at Christmas on 8th Street, and I want to see why... why we are going through all this process. Vice Chairman Plummer: All right, so CA-6 is pulled. Commissioner Gort: And if you going to put the Kiwanis through that, I want everybody else to go through it. 2 April 14, 1998 Vice Chairman Plummer: OK. Is there any...? Commissioner Gort: Also, CA-21. My understanding is... Vice Chairman Plummer: CA-21, pulled or not? Commissioner Gort: I would like to have it pulled. This is the Jackson pavement... Mr. Garcia -Pedrosa: It's pulled. Vice Chairman Plummer: Any other item? Mr. Hernandez? All right, Mr. Goenaga, as usual I am sure you have a comment about something. Your name and mailing address for the record. Mr. Manuel Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street, Miami, Florida. Well, I always have a comment, especially when I have been coming here for plenty of years. Many years less than you have been here, Chairman Plummer. Vice Chairman Plummer: That's for sure. Mr. Gonzalez-Goenaga: OK. And... Vice Chairman Plummer: I'll be here many more after you leave. Mr. Gonzalez-Goenaga: ... the word and the statement that I hear constantly, even from the old days of Emperor Cesar is do the right thing, and follow the example you must lead. I wonder now, through all these years, what is to do... do you guys know the right thing to do, especially you, Mr. Plummer? Because if we would have done the right thing since I have been coming here in 1990, Miami would not be in the position that we are in. If you would have gone... Vice Chairman Plummer: Are you speaking...? Excuse me. Mr. Goenaga, are you speaking to an item on the Consent Agenda? Which item is it please? Mr. Gonzalez-Goenaga: Well, here we go again. Vice Chairman Plummer: Which item number is it? Mr. Gonzalez-Goenaga: Chap... One, three, it was withdrawn. Vice Chairman Plummer: OK. So, it's item one? Mr. Gonzalez-Goenaga: Wait, wait, wait. Look, I haven't said anything yet. Asbestos, CA-5. That's another thing. In a global world, I... The way this is going, this agenda, since 1990, where here in Miami, we have more cars than individuals living in the City. And, I am not speaking about employees, because in every agenda I see new cars, new cars, new cars. Rental cars, new cars. For heaven's sake, could I have a compendium to see if I am right or wrong, that we have more cars in the City of Miami, either owned or rented than citizens in Miami. Thank you. [NOTE FOR THE RECORD: AT THIS POINT, 10:09 A.M., MAYOR CAROLLO AND COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS.] Vice Chairman Plummer: Thank you, Mr. Goenaga. For my colleagues, Mr. Regalado, for your information, the following items were pulled. Item three, and it's Consent Agenda. Tell me 3 April 14, 1998 when you have your pen ready. Item three, six, eighteen, nineteen, twenty-one and twenty-five of Consent Agenda. The Manager has also pulled item twenty-one of the regular agenda. Commissioner Regalado: Mr. Chairman, I also... Vice Chairman Plummer: Did you wish to pull any other items? Commissioner Regalado: Yes. Nineteen. Vice Chairman Plummer: We... It is pulled. Nineteen regular or Consent? Commissioner Regalado: No, Consent Agenda. Commissioner Gort: Consent. Mr. Garcia -Pedrosa: That's the one you just pulled. Vice Chairman Plummer: That is pulled, sir. Commissioner Regalado: Oh, OK. Mr. Garcia -Pedrosa: It has been pulled. Vice Chairman Plummer: All right. Mr. Manager, somewhere we are failing. There should not be this many items pulled from the Consent Agenda, if your crew had gone around and spoken to everybody in advance. To pull it at this time, it could inconvenience some people. So, I am going to ask you please, sir, to try to get people around to the different Commissioners to resolve the problem prior to the meeting. Mr. Garcia -Pedrosa: Yes, sir. Vice Chairman Plummer: All right, is there any other discussion among anyone else. Oh, also, I am taking item 17, to all of my colleagues, item 17, I am scheduling for two o'clock certain a time because there will be a number of people. Commissioner Gort: Oh, no. I can't be here at two. Vice Chairman Plummer: You can't be here at two o'clock? Commissioner Gort: Uh-uh. Vice Chairman Plummer: Can you be here at three? Commissioner Gort: At three, yes. [NOTE FOR THE RECORD: AT THIS POINT, VICE CHAIRMAN PLUMMER DIRECTED THE CITY MANAGER TO CONTACT ATTORNEY HUGGETT THAT ITEM 17 WILL BE NOW SCHEDULED FOR 3:00 P.M.] Vice Chairman Plummer: All right. Would you call, Mr. Bill Huggett, Mr. Manager, Attorney Bill Huggett and ask him to inform his people that Mr. Gort cannot be here and we will not be hearing his item to a time certain at three o'clock. All right, is there anything else on the Consent Agenda? Hearing none, is there a motion? 4 April 14, 1998 Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Mr. Gort. Commissioner Regalado: Second. Vice Chairman Plummer: Seconded by Mr. Regalado. Mr. Clerk, call the roll. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, WA ETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER GORT AND SECONDED BY COMMISSIONER REGALADO, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Vice Chairman J.L. Plummer, Jr. Commissioner Humberto Hernandez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 1.1 AUTHORIZE PROFESSIONAL SERVICES AGREEMENTS WITH ONE DOMESTIC VIOLENCE ADMINISTRATOR AND THREE SENIOR COUNSELORS -- FOR POLICE -- ALLOCATE $93,733.32 FROM STOP VIOLENCE AGAINST WOMEN GRANT, ACCT. CODE 142019.291235.6.270. RESOLUTION NO. 98-330 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH A DOMESTIC VIOLENCE ADMINISTRATOR, IN AN AMOUNT NOT TO EXCEED $40,000.000, AND THREE (3) SENIOR COUNSELORS, IN THE AMOUNT OF $26,866.66 EACH, FOR A PERIOD OF ONE (1) YEAR, FOR THE CITY OF MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN A TOTAL AMOUNT NOT TO EXCEED $93,733.32 FROM THE "STOP VIOLENCE AGAINST WOMEN" GRANT, ACCOUNT CODE NO. 142019.291235.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 5 April 14, 1998 1.2. AUTHORIZE FUNDING FOR BLACK ARCHIVES, HISTORY & RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. -- ALLOCATE $6,000.00 FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 98-331 A RESOLUTION AUTHORIZING THE FUNDING OF THE BLACK ARCHIVES, HISTORY & RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., IN THE AMOUNT OF $6,000, ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF TREASURY'S "GUIDE TO EQUITABLE SHARING." AND 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.) 1.3. ACCEPT BIDS: MCO ENVIRONMENTAL, INC. / ENVIRONMENTAL CONTRACTORS, INC. / ASBESTOS CERTIFIED TECHNICIANS, INC. -- FOR ASBESTOS REMOVAL SERVICES CITYWIDE -- FOR BUILDING AND ZONING -- ALLOCATE $150,000.00 FROM COMMUNITY DEVELOPMENT 23 YEAR BLOCK GRANT PROGRAM, ACCOUNT CODE 799206.459017.6.340. RESOLUTION NO. 98-332 A RESOLUTION ACCEPTING THE BIDS OF MCO ENVIRONMENTAL, INC., ENVIRONMENTAL CONTRACTORS, INC., AND ASBESTOS CERTIFIED TECHNICIANS, INC., FOR THE PROVISION OF ASBESTOS REMOVAL SERVICES CITYWIDE ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR THE DEPARTMENT OF BUILDING AND ZONING, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $150,000.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT 23RD YEAR BLOCK GRANT PROGRAM, ACCOUNT CODE NO. 799206.459017.6.340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 6 April 14, 1998 1.4 ACCEPT BIDS: ED MORSE FLEET SALES AND MARRONE DODGE -- FOR VEHICLES FOR PUBLIC WORKS -- ALLOCATE $69,161.00 FROM STORM WATER UTILITY TRUST FUNDS, CIP PROJECT 352277. RESOLUTION NO. 98-333 A RESOLUTION ACCEPTING THE BIDS OF ED MORSE FLEET SALES FOR THE PROCUREMENT OF FIVE (5) 1998 DODGE NEONS, AT A COST OF $54,775 AND MAROONE DODGE FOR THE PROCUREMENT OF ONE (1) 1998 DODGE 1500 VAN, AT A COST OF $14,386; SAID VEHICLES TO BE USED BY THE PUBLIC WORKS DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM THE STORMWATER UTILITY TRUST FUNDS, IN THE CAPITAL IMPROVEMENT PROGRAM, "NATIONAL POLLUTANT DISCHARGE ELIMINATOR SYSTEM CITY-WIDE", PROJECT 35227, AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $69,161.00; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.5. ACCEPT BIDS: A & B HARDWARE & LUMBER AND ACE HARDWARE SHELL LUMBER COMPANY -- FOR LUMBER AND PLYWOOD ON SPOT MARKET BASIS -- FOR VARIOUS DEPARTMENTS -- ALLOCATE $26,00.00 FROM VARIOUS OPERATING BUDGETS. RESOLUTION NO. 98-334 A RESOLUTION ACCEPTING THE BIDS OF A & B HARDWARE & LUMBER, AND ACE HARDWARE SHELL LUMBER COMPANY, FOR THE PROVISION OF LUMBER AND PLYWOOD ON A SPOT MARKET BASIS FOR VARIOUS CITY DEPARTMENTS, ON AN AS - NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $26,000.00; ALLOCATING FUNDS THEREFOR FROM THE VARIOUS USING CITY DEPARTMENTS FY '97-98 OPERATING BUDGETS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 April 14, 1998 1.6. APPROVE SOFTWARE APPLICATION PURCHASE FROM WAREFORCE, INC. -- FOR POLICE -- ALLOCATE $8,606.93 FROM CAPITAL IMPROVEMENT PROGRAM ACCOUNT CODE 312018.299401.6.840 / ENTREPRENEURIAL FUND ACCOUNT CODE 126001.290402.6.840 / LAW ENFORCEMENT TRUST FUND ACCOUNT CODE 690003.291219.6.840. RESOLUTION NO. 98-335 A RESOLUTION APPROVING THE PURCHASE OF SOFTWARE APPLICATION FORM WAREFORCE, INC., FOR THE DEPARTMENT OF POLICE, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 250-001-97-1, AT A TOTAL AMOUNT NOT TO EXCEED $8,606.93; ALLOCATING FUNDS THEREFOR FROM THE FOLLOWING: CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 312018-299401.6.840 ($6,302.53), THE ENTREPRENEURIAL FUND, ACCOUNT CODE NO. 126001- 290402.6.840 ($1,152.20); AND THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690003.291219.6.840 ($1,152.20), SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH 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 SOFTWARE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.7. APPROVE CITY'S LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP). RESOLUTION NO. 98-336 A RESOLUTION WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S LOCAL HOUSING ASSISTANCE PLAN ("PLAN"), PURSUANT TO THE IMPLEMENTATION OF THE STATE OF FLORIDA'S STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM IN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN, ATTACHED HERETO AND MADE A PART HEREOF, FOR REVIEW AND APPROVAL BY THE STATE OF FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AND AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CARRY OUT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE PLAN; INCREASING THE ADMINISTRATIVE COST PERCENTAGE FOR IMPLEMENTATION OF SAID PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 8 April 14, 1998 1.8. WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED AMBARINA SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATION SHOWN ON SAID PLANT; 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. RESOLUTION NO. 98-337 A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED AMBARINA SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.9. ACCEPT PLAT: GABRIELA SUBDIVISION. RESOLUTION NO. 98-338 A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED GABRIELA SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 9 April 14, 1998 1.10. AUTHORIZE FUNDING -- FOR POLICE EXPLORERS PROGRAM -- ALLOCATE $50,000.00 FROM LAW ENFORCEMENT TRUST FUND PROJECT NUMBERS 690001, 690002, 690003. RESOLUTION NO. 98-339 A RESOLUTION AUTHORIZING FUNDING FOR THE POLICE EXPLORERS PROGRAM, IN THE AMOUNT OF $50,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, 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.) 1.11. AUTHORIZE FUNDING LITTLE HAVANA COMMUNITY T.E.A.M. OMC/ -- ALLOCATE $15,000.00 FROM LAW ENFORCEMENT TRUST FUND ACCOUNT CODE 690003.291230.6.940. RESOLUTION NO. 98-340 A RESOLUTION AUTHORIZING THE FUNDING OF THE LITTLE HAVANA COMMUNITY T.E.A.M., INC., IN THE AMOUNT OF $15,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 69003.291230.6.940, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10 April 14, 1998 1.12. ACCEPT BID: VENECON, INC. -- FOR FOUR WAY LODGE GUARDHOUSE, 13- 4595 PROJECT -- ALLOCATE $99,224.70 FROM PROJECT 341204, FROM CAPITAL IMPROVEMENT ORDINANCE 11623. RESOLUTION NO. 98-341 A RESOLUTION ACCEPTING THE BID OF VENECON, INC. IN THE PROPOSED AMOUNT OF $74,900.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED: "FOUR WAY LODGE GUARDHOUSE, B-4595"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341204, AS APPROPRIATED BY THE FISCAL YEAR 1997-98 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, ADOPTED MARCH 24, 1998, IN THE AMOUNT OF $74,900.00 TO COVER THE CONTRACT COST AND $24,324.70 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $99,224.70; 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.) 1.13. ACCEPT BID: R. L. SAUM CONSTRUCTION, INC. -- FOR BAYWOOD PARK SHORELINE IMPROVEMENTS, B-3262 -- ALLOCATE $123,532.70 FROM CAPITAL IMPROVEMENT ORDINANCE 11623, PROJECT 331405. RESOLUTION NO. 98-342 A RESOLUTION ACCEPTING THE BID OF R. L. SAUM CONSTRUCTION CO., IN THE PROPOSED AMOUNT OF $112,888.50 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "BAYWOOD PARK SHORELINE IMPROVEMENTS, 13- 3262"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331405, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, ADOPTED MARCH 24, 1998, IN THE AMOUNT OF $112,888.50 TO COVER THE CONTRACT ESTIMATED EXPENSES FOR AN ESTIMATED TOTAL COST OF $123,532.70; 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.) 11 April 14, 1998 1.14. ACCEPT BID: D.E. GIDI & ASSOCIATES CORPORATION -- FOR COCONUT GROVE MINI -PARK, NEW RESTROOM BUILDING, B-6282 -- ALLOCATE $336,071.00 FROM CAPITAL IMPROVEMENT PROJECT 33182. RESOLUTION NO. 98-343 A RESOLUTION ACCEPTING THE BID OF D. E. GIDI & ASSOCIATES CORPORATION, IN THE PROPOSED AMOUNT OF $29,600.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "COCONUT GROVE MINI -PARK, NEW RESTROOM BUILDING, B-6282"; ALLOCATING FUNDS THEREFOR FROM CIP PROJECT NO. 331382, AS APPROPRIATED BY FISCAL YEAR 1997- 1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, ADOPTED MARCH 24, 1998, IN THE AMOUNT OF $29,600.00 TO COVER THE CONTRACT COST AND $6,471.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $36,071.00, 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.) 1.15. ACCEPT BID: BENNETT ELECTRIC SERVICE COMPANY, INC. -- FOR PEACOCK PARK ROLLER HOCKEY COURT LIGHTING, B-6283 -- ALLOCATE $37,8800.00 FROM CAPITAL IMPROVEMENT PROJECT 331359. RESOLUTION NO. 98-344 A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC SERVICE COMPANY, INC., IN THE PROPOSED AMOUNT OF $29,960.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "PEACOCK PARK ROLLER HOCKEY COURT LIGHTING, B-6283", ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331359, AS APPROPRIATED BY THE FISCAL YEAR 1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $29,960.00 TO COVER THE CONTRACT COST AND $7,840.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $37,800.00; 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.) 12 April 14, 1998 1.16. AUTHORIZE CONTRACT WITH SIMON LADDER TOWERS, INC. -- FOR REFURBISHMENT OF AERIAL TRUCK -- FOR FIRE -RESCUE -- ALLOCATE $414,099.00 FROM CAPITAL IMPROVEMENT PROJECT 313233. RESOLUTION NO. 98-345 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CONTRACT WITH SIMON LADDER TOWERS, INC., FOR THE REFURBISHMENT OF ONE (1) ADDITIONAL 100 FOOT AERIAL TRUCK FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $414,099, UNDER THE SAME PRICE, TERMS AND CONDITIONS AS IN THE INITIAL CONTRACT AUTHORIZED PURSUANT TO RESOLUTION NO. 97-458, ADOPTED JULY 10, 1997, WHICH RATIFIED, APPROVED AND CONFIRMED THE CITY MANAGER'S FINDING OF SOLE SOURCE, AND WAIVED THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313233, "FIRE -RESCUE NEW APPARATUS ACQUISITION," ACCOUNT CODE NO. 289401-840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS REFURBISHMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 1.17. ALLOCATE $7,000.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROJECT 799613 -- FOR BUSINESS REHABILITATION IN EDISON/LITTLE RIVER TARGET AREA. RESOLUTION NO. 98-346 A RESOLUTION ALLOCATING FUNDS, IN THE AMOUNT OF SEVEN THOUSAND DOLLARS ($7,000) FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613, FOR THE REHABILITATION OF ONE (1) BUSINESS LOCATED IN THE EDISON/LITTLE RIVER TARGET AREA, IN COMPLIANCE WITH THE COMMERCIAL CODE COMPLIANCE PROGRAM, SAID ALLOCATION TO BE BASED UPON A 70%/30% MATCH BETWEEN THE CITY OF MIAMI AND THE BUSINESS OR PROPERTY OWNER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 13 April 14, 1998 1.18. ACCEPT BIDS: MERCEDES ELECTRIC SUPPLY, INC. / PARAMOUNT ELECTRICAL DIST., INC. / GE SUPPLY -- FOR ELECTRICAL SUPPLIES -- FOR MIAMI RIVERSIDE CENTER BUILDING -- ALLOCATE $18,000.00 FOR ONE YEAR WITH OPTION TO EXTEND FOR TWO ADDITIONAL YEARS AT $25,000.00 ANNUALLY FROM ACCOUNT CODE 504000.421901.707. RESOLUTION NO. 98-348 A RESOLUTION ACCEPTING THE BIDS OF MERCEDES ELECTRIC SUPPLY, INC., PARAMOUNT ELECTRICAL DIST., INC., AND G.E. SUPPLY, FOR THE PROVISION OF ELECTRICAL SUPPLIES FOR THE MIAMI RIVERSIDE CENTER BUILDING (MRC) ON AN AS - NEEDED CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN A FIRST YEAR AMOUNT NOT TO EXCEED $18,000, AND THEREAFTER $25,000 ANNUALLY; ALLOCATING FUNDS THEREFOR FOR THE INITIAL YEAR FORM ACCOUNT CODE NO. 504000.421901.707; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ---------------------------------------------------------------------------------------------------------------- 2. (A) COMMENDATION / PROCLAMATIONS CERTIFICATES OF APPRECIATION: BLUE RIBBON TASK FORCE. (B) MEMBERS: MODESTO MAIDIQUE / EDWARD T. FOOTE, 11 / IRA. (C) CLARK / NEIL HALL; OUTSTANDING POLICE OFFICERS FOR THE MONTH OF MARCH: ANGEL CALZADILLA AND RICHARD PEREZ. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Mr. Mayor, we are coming back at three. Mayor Carollo: That's correct. It will be at three then. ---------------------------------------------------------------------------------------------------------------- 3. SCHEDULE CEREMONIAL AGENDA ITEMS TO BEGIN AT 9:30 A.M. -- FOR FUTURE AGENDAS -- FOR BOTH CITY COMMISSION MEETINGS. Vice Chairman Plummer: Mr. Gort makes a motion. Seconded by Mr. Regalado that in all future meetings of this Commission, ceremonial items will be at 9:30 and the Commission meeting will start at ten. Is there any discussion on the item? If not, all in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: No opposition. Show a unanimous ballot. 14 April 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-349 A RESOLUTION ESTABLISHING THE POLICY THAT ALL CEREMONIAL PRESENTATIONS SHALL TAKE PLACE AT 9:30 A.M., PRIOR TO THE COMMENCEMENT OF ALL REGULAR MEETINGS OF THE CITY COMMISSION WHICH SHALL CONVENE PROMPTLY AT 10:00 A.M., PURSUANT TO THE SECTION 2-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: We are now on Commission item number one. Is there a motion. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Mr. Vice Chairman. Vice Chairman Plummer: Sir. Mr. Maxwell: On the previous motion, just for a point of clarification. Would that apply to both meetings of the City Commission or just the regular meeting of the City Commission? Vice Chairman Plummer: Both meetings, sir. Mr. Maxwell: Thank you. 15 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 4. APPROVE INCREASING CONTRACT WITH BENNETT ELECTRIC SERVICE CO. TO $152,385.00 -- FOR ATHALIE RANGE PARK SPORT LIGHTING PROJECT -SOCCER / BALL FIELD, B-6251, CIP 331070 --- ALLOCATE #35,743.00 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT 331070. -- DISCUSS NEED TO DEVELOP GUIDELINES SPECIFYING PERCENTAGE INCREASES TO CONTRACTS WHICH WOULD REQUIRE FOUR FIFTHS APPROVAL VOTE. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item one. Is there a motion? Commissioner Gort: Item two. Vice Chairman Plummer: Item two. Is there a motion? Commissioner Gort: I have a question. Vice Chairman Plummer: All right. Mr. Gort. Commissioner Gort: The increase of the thirty-seven thousand dollars ($37,000) to the contract, why? Vice Chairman Plummer: Mr. Manager. Mr. Jose Garcia -Pedrosa (City Manager): What is the question, Commissioner? Commissioner Gort: The question is, and this is something that J.L., has brought up constantly. We award contracts and then they come back to us that they need to increase the contract, and I would like to know the reason why. Mr. Garcia -Pedrosa: Well, the original scope of work consisted of working on the existing ball field and the future soccer field, and several meetings were held after the... they awarded the contract, and there was a desire expressed for a professional football field instead of a shorter soccer field. The layout of the poles to accommodate a football field rendered the field useless for softball. So to maintain that, that is to say the softball field, there has to be a revised design that shows the poles behind the foul line as we can see in the drawing. So this work really responds to the request of the community to make some reconfigurations after the original contract was let out. Commissioner Gort: Thank you, Mr. Manager. I just wanted to make sure you put it on the record, so people will understand. Vice Chairman Plummer: Do you wish to be heard on this issue, sir? Mr. Anthony Dawkins: Ah, yes. Good morning. Vice Chairman Plummer: For the record, your name and mailing address. You have two minutes, sir. Mr. Dawkins: Sure. Good morning, Commissioners, Mr. Mayor. Anthony Dawkins, Inner -City Youth Center, 525 Northwest 62nd Street. We're just here on behalf this morning to support this 16 April 14, 1998 issue that the City and the Commission here will continue to support the increase that we may have this longtime awaiting project done, and all efforts that we would be able to continue to protect the kids in our community. Commissioner Gort: Mr. Dawkins, to save you the time, I am ready to make a motion to move for approval. I just want to make that we state on the record so people would understand the increase. Move it. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Let the... Vice Chairman Plummer: Mr. City Attorney. Mr. Maxwell: Let the record reflect that this will require four -fifths vote. Vice Chairman Plummer: We have four -fifths, so I don't hear any objection. The motion made by Mr. Gort, seconded by? Commissioner Hernandez: Second. Vice Chairman Plummer: Mr. Hernandez. Commissioner Hernandez. Any further discussion? Mr. Manuel Gonzalez-Goenaga: Yes. Vice Chairman Plummer: Mr. Goenaga, for the record, you name, mailing address. You have two minutes, sir. Mr. Gonzalez-Goenaga: Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street. Now, I have one minute. My concern is not in this particular issue, but the general philosophy of change orders. Change orders have ruined Dade County, and... because it's a constant pattern of conduct. But, of course, in Dade County it has been for millions and millions of dollars with the Church and the Tower, and many other... In in the port and everything. So, so we must consider the small things in order to avoid the big scandals of the future. And I... I am not claiming that apparently this is a valid change order, and remember, this is not, or it might be a "Boom City" but so far for me, it has been a "Doomed City." Thank you. Vice Chairman Plummer: Any further discussion? Commissioner Gort: Well, for the proper information, these funds come from CDBG (Community Development Block Grant) funds which are federal funds and they have to be used according to the public. Vice Chairman Plummer: OK. But, you know, Mr. Manager, my opinion in the future, any matter that's an increase in a contract, say over five percent, whatever percent would be reasonable, should come back before the Commission. I mean, it's... you know, I don't think anybody is objecting to this, this particular item. But we have had some items here that have been running one hundred thousand dollars ($100,0000) over bid, and I can imagine the second bidder who could come back and say, hey, I was two thousand dollars ($2,000), and now you are giving thirty-seven thousand, I should have had the contract to begin with. It's usually called "low balling." So, you know, I think that in the future, Mr. City Attorney, I would ask you to get together with the City Manger and come up with a percentage that anything in the future of an increase in a contract over a certain percent, brings it back before the Commission... Mr. Maxwell: OK. Mister... 17 April 14, 1998 Vice Chairman Plummer: ... under tour -fifths vote. Mr. Maxwell: What you are doing, just for the record. What you are doing with your four -fifths here is also waiving competitive bidding for that increase. Vice Chairman Plummer: OK. Mr. Maxwell: Just for the record. Vice Chairman Plummer: Mr. Clerk, call the roll. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-350 A RESOLUTION BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, AUTHORIZING AN INCREASE IN THE SCOPE OF SERVICES AND A CORRESPONDING $35,743 INCREASE IN THE AMOUNT OF COMPENSATION DUE UNDER THE AGREEMENT BETWEEN THE CITY OF MIAMI AND BENNETT ELECTRIC SERVICE CO. FOR THE "ATHALIE RANGE PARK SPORT LIGHTING PROJECT - SOCCER/BASEBALL FIELD (SECOND BIDDING), B- 6251", THEREBY INCREASING THE TOTAL AMOUNT OF THE CONTRACT FORM $116,642.00 TO $152,385.00; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT MONIES PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, PROJECT NO. 331070. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 18 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 5. (A)PERSONAL APPEARANCE: MATTHEW LIEBOWITZ, OUTSIDE COUNSEL TO UPDATE CITY COMMISSION ON STATUS OF (TCI) CABLE TELEVISION FRANCHISE REGULATIONS AND PROVIDE RECOMMENDATIONS -- CONTINUE ENGAGEMENT OF LIEBOWITZ AND ASSOCIATES, P.A. AS OUTSIDE COUNSEL TO ADVISE CITY ON RELATED CABLE TELEVISION LICENSE AGREEMENT AND RENEWAL MATTERS -- ALLOCATE MAXIMUM OF $135,000.00 -- SEE LABEL 30. (B)MIAMI TELECOMMUNICATIONS (TCI) CONTRACT FOR CABLE TELEVISION (TV) NOT TO BE EXTENDED FURTHER -- ISSUE REQUEST FOR QUALIFICATIONS TO PROVIDE CABLE SERVICES FOR CITY. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Mr. Mayor, you want to...? Mayor Carollo: No, you go ahead and... Vice Chairman Plummer: All right. Mayor Carollo: ... run the meeting for now, Commissioners. Vice Chairman Plummer: All right, sir. Item three. Mayor Carollo: ... I am going to have to go upstairs in a few minutes and handle some work and you are doing a good job, so... Vice Chairman Plummer: Oh, thank you. It's nice to know. Maybe, I'll get a raise. Item number three. Mayor Carollo: Thank you, gentlemen. Mr. Jose Garcia -Pedrosa (City Manager): It's a personal appearance, Mr. Vice Chairman. Vice Chairman Plummer: The Liebowitz Legal Services. This is in reference to the cable TCI (Telecommunication, Inc.), and he is to join our team. Is this recommended by you, sir? Mr. Garcia -Pedrosa: The Commission previously approved the retention of Mr. Liebowitz as counsel. He is here to address the Commission on what he believes should be the posture of the City should be at this stage. Vice Chairman Plummer: My question is, do you recommend it, sir? Mr. Garcia -Pedrosa: Absolutely. Vice Chairman Plummer: All right, sir. Mr. Garcia -Pedrosa: And also an increase in the contract in order to accommodate those recommendations, should you agree with them. 19 April 14, 1998 Vice Chairman Plummer: OK. Just for the record now, because when you say the increase, let's clarify what this is. It was given thirty-five thousand in a contract previously which was not used. This is the other one hundred thousand that is going to be required for his services for a total period of 18 months. So it's not really an increase, it's an expanding of the contract, as I understand it. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): For a total of one hundred and thirty-five, conclusive. Vice Chairman Plummer: That is correct, not to exceed. Mr. Maxwell: Yes, sir. Vice Chairman Plummer: OK. Mr. Liebowitz for the record, your name, your mailing address, and you have two minutes, sir. Mr. Matthew Liebowitz: Thank you, Mr. Chairman. My name is Matthew Liebowitz from Liebowitz and Associates, One Southeast Third Avenue in Miami. I am counsel to the City on telecommunications and in particular, cable television. I have been asked this morning to give you a brief overview of where we are on TC nego... TCI negotiations and the upcoming potential acquisition of TCI by Media One. In two minutes it's a little difficult, but let me see if I can hit the primary issues. As you may be aware, the 15-year original franchise expired in November, 1996. Under Federal law, we initi... we became involved in both a formal and informal negotiations. Under Federal law, previously to two years ago, we were under a straight jacket and essentially there was a guarantee of a renewal. Now, there is some leeway, although that leeway is in a very expensive guarantee of litigation. So, the question that we have before us is, how to proceed. My suggestion is that the time to move forward is now. We should hold TCI's feet to the fire. We should not allow them to continue to have any more extensions, no less the 18-month extension that they have requested. But, we should in fact, demand that they finally comply with a firm and formal proposal due the end of this month. That will in turn give this City Commission a requirement under Federal law to respond with a 120 days. During that period, you would have the opportunity to examine the record which is already well established. We will provide even further evidence of the status of the TCI system, the technical deficiencies as we all know them: the failure to main state -of -the... maintain a state -of -the art system; the failure to provide future plans to meet the needs, City and interests; the failure to provide financial support required under their franchise and numerous other failures. That will give the City Commission the ability to move in a number of different directions with respect to the renewal. In addition to the renewal, you will also have soon presented to you, a proposed transfer of the TCI's franchise to Media One. Media One is essentially the.. a telephone company that has recently entered into the cable television business. They are one of the larger MSO's, Multiple System Operators. That will give you an additional opportunity, a second chance, if you will, and, one where you were not placed in the Federal legal straight jacket that you are under the renewal process. Those combined opportunities will be able to allow you, through these negotiations and this legal process. to maximize the opportunities for the City and its residents in terms of cable television and services that the City and franchise fees that the City can receive through the franchise agreement. NOTE FOR THE RECORD: At 10:44 a.m., Mayor Carollo exited the Commission Chambers. 20 April 14, 1998 Commissioner Regalado: Mr. Chairman. Vice Chairman Plummer: All right, sir. Mr. Regalado. Commissioner Regalado: Mr. Liebowitz, it seems that the transfer from TCI to Media One of this area is inevitable. It seems to have a lot of deals working out throughout the United States, and Miami seems to me, is a key player in this deal. I ask you, should we...? First of all, besides having you present at all the meetings, should we have people from Media One with the City of Miami, yourself and TCI in the next immediate meetings? Mr. Liebowitz: Well, the two legal processes legally stand on their own, the renewal and the transfer. In fact, in a reality they are one, you know, process. And, I would suggest that we engage Media One early on, on an informal basis and invite them to participate. We cannot compel them to participate, but informally, I can assure you, that they will be there at the table in spirit if not in name. Commissioner Regalado: I... So... Mr. Garcia -Pedrosa: I don't know... Commissioner Regalado: ... what you are suggesting is, that we do not approve the 18 months that they are asking? Mr. Liebowitz: Correct. There is no good cause for this City Commission to my knowledge, to extend the franchise 18 months to provide additional leeway for TCI through this renewal process. Commissioner Regalado: OK. As of the complaints that we have, and we have several, regarding some channels that had been taken off the system, and the quality. While we see high quality equipment in other areas, it seems that we are having a lot of difficulties in our City. Could we discuss that too, in the immediate future? Could we also impose on TCI to come up, first of all with answers to... as to why some channels have been taken off the air? Why other channels are not on the system, and the kind of quality? Mr. Liebowitz: Well, part of the renewal process, and perhaps the most important feature of the negotiations will be the technical system itself. As I think you are aware, the technical system that we have in place in Miami, is one of the most antiquated systems in the country. It's a 400 megahertz system. Commissioner Regalado: It has to 750, right? Mr. Liebowitz: Well, one of the heated debates is to how to upgrade it. Media One has embraced the 750 megahertz technology whereas TC one... TCI originally embraced that technology. They are now looking at a digital technology which may or may not be as good. But, that's one of the critical issues that we have to work toward. And, clearly, one of the renewal requirements will be an upgrade in maintenance of state-of-the-art. Vice Chairman Plummer: Tomas, you want to know how old the system is? Commissioner Regalado: Oh, I know. Vice Chairman Plummer: It's one of the first things I did when I became a Commissioner. Mr. Liebowitz: It's 15 years old. 21 April 14, 1998 Commissioner Regalado: I know, I know, I know. Vice Chairman Plummer: Twenty-eight years ago. Commissioner Regalado: Mr. Chairman, I am ready, not only to move the contract with Mr. Liebowitz, but to reject the 18 month that... Vice Chairman Plummer: I don't think that's... part of us here today. Commissioner Regalado: Well, it's... I know it's not part of what we are dealing here, but just in case, so they have clearly the understanding that we have to discuss a lot of things in the near future. Vice Chairman Plummer: All right, Mr. Gort wishes to be heard. Mr. Gort. Commissioner Gort: Yes, I have a few questions. And, this is something we inherited. Like J.L. says, that we have for twenty some years. And, there are some things that I don't understand. And, now correct me, if I am wrong. My understanding is the contract is over. Mr. Liebowitz: Correct. Well, the contract is on an extension. Commissioner Gort: It's an extension, but it's up to us to extend it or not to extend it. Am I correct? Mr. Liebowitz: Legally, you are correct. Although, that the... the effect of a nonextension, absent denial or renewal, still allows them to operate under the old contract. Commissioner Gort: OK, well, my second understanding is, TCI right now is trying to negotiate and sell out, and this contract is very important for the bargainings. And, I guess this will be used as a leverage to really get the best out of it for themselves. My question is, why can't we do this and get the best for the City of Miami? Mr. Liebowitz: Well, let's... Commissioner Gort: And, what I would like to see when you are coming back is, I would like to see this go out for a bid. And, if we, if necessary, we negotiate directly. Because, I would like for the City to get benefit, not someone else that have been there not really giving the service. Because, originally as I began, I was not sitting here, but I was part of the... I had a lot of the readings and my understanding was, there was a lot of commitment that was made by TCI of promises that we were going to have. I mean, after we have cable, people no longer... that would have alarm that it could hook up the cable, they had all kinds of benefits that never... that were never delivered. So, for those reasons then, I am telling you how this Commissioner feels. Mr. Liebowitz: Well, let me try to respond to... I believe you have two issues. First of all, the purpose of my proposed structure to you, to incorporate both the transfer discussions and the renewal is to try to maximize our benefit from the proposed transfer and sale, not just TCI. I mean, TCI is certainly going to get a benefit for its shareholders, but the residents of this community need to get a benefit from that transfer. Secondly is, under Federal law and under your franchise, you have a nonexclusive franchise. So, at any time, you can invite and/or accept another party, or multiple parties to come in and build a second cable system. Vice Chairman Plummer: That's correct. 22 April 14, 1998 Mr. Liebowitz: Historically, that has not been economical, and no one has wanted to do it. Under the '96 law, the Federal statute, they have... the Federal government has encouraged telephone companies and that's why Media One now exists to get into the business. You also have BellSouth which now holds a... at least on paper, a Dade County franchise, although that's in very heated litigation. So, you will potentially see new competitors having legal ability to come in. Now the question is, whether they economically want to come in. And, there is nothing to prevent this... Vice Chairman Plummer: You are pushing your two minutes. Mr. Liebowitz: I am sorry. And, there is nothing to prevent this City from inviting other companies to come in, in any methodology they so see. Commissioner Gort: Thank you. Vice Chairman Plummer: Bert. Commissioner Hernandez: I also feel very uncomfortable, and I agree with what Commissioner Gort has stated as to the situation of us having to deal really with who TCI... Vice Chairman Plummer: Yeah. Commissioner Hernandez: ... decides to basically deal with. Here, we are talking about Media One. I am under the understanding, and I don't know if you know this information, that there is a... Is there a letter of intent between TCI and Media One at this point in time? Mr. Liebowitz: My understanding is, that a letter of intent has been signed, but a definitive contract has not been signed. Commissioner Hernandez: Is it contingent on an extension of 18 months? Mr. Liebowitz: Not to my knowledge. Commissioner Hernandez: OK. First of all, I agree with your recommendation. I am definitely against an 18-month extension. I think if we extend it, it's for 30 days, and we keep on those 30 days until something constructive is done in favor of the City. And, my question... We deal with renewal and we deal with the transfer. Would it not behoove TCI to open up this process at this point in time, and say, "Listen, whichever cable company out there wants to deal with us for a possible transfer of our business, won't they be putting themselves in a better position and negotiate much more money for the buy-out of their company or whatever they are bartering for different markets in the United States?" Vice Chairman Plummer: No, because they negotiated with... Media One all over the United States. Mr. Liebowitz: No, you see what's actually going on here, it has little to do with the actual price per subscriber, because it's a swap. It is a... What you are having here is a consolidation of their interests. So, TCI, is getting properties and some cash, as I understand it. Commissioner Hernandez: Right. Mr. Liebowitz: Up north, in turn for Media One to be able to consolidate its interests in Dade County... in Dade and Broward County. 23 April 14, 1998 Commissioner Hernandez: And... Commissioner Regalado: If I may? If I may say, Commissioner? What TCI is doing, they are exchanging the whole suburbs of the west of Chicago... Vice Chairman Plummer: The whole system. Commissioner Regalado: ... for Miami. And, I would tell you, that they really need to keep Miami in order to complete the whole deal in Chicago because they have to change the whole systems in the suburbs of Chicago. Vice Chairman Plummer: Yeah, well, let me tell you, from what I know about transfer. Each customer is sold to a competing company for twenty-five hundred dollars ($2,500) per prescriber. That equates itself in the City of Miami to about one hundred and fifty million dollars ($150,000,000). Commissioner Regalado: Yeah... Vice Chairman Plummer: No more extensions. OK. Now, do we have... Do I need a four - fifths? No, I only need... Anyone else wishing to discuss the issue? A motion made by Commissioner Gort, I recall, and seconded by you. Mr. Maxwell: No, no, what's... Vice Chairman Plummer: No? OK, second.. Mr. Maxwell: What was the resolution? Commissioner Regalado: No, I make... Vice Chairman Plummer: This is on item number three. Mr. Maxwell: Yeah. Vice Chairman Plummer: The engagement of this gentleman. Commissioner Regalado: I will make motion to engage. Mr. Maxwell: It's already voted on. Vice Chairman Plummer: Motion made by Regalado, seconded by Hernandez. Commissioner Regalado: But, the motion... Mr. Maxwell: You have already approved it. You already approved... Commissioner Regalado: ... also, if I may? And, the Commission agrees, is to reinstate that this Commission does not want to give an extension, an 18-month extension. Vice Chairman Plummer: Well, I was going to open it up to another motion afterwards. Commissioner Regalado: All right. Vice Chairman Plummer: OK, so call the roll on the first motion. 24 April 14, 1998 Mr. Maxwell: They addressed that today? Mr. Walter J. Foeman (City Clerk): I need a seconder. Mr. Maxwell: They addressed that today? Vice Chairman Plummer: It was seconded by Hernandez. Mr. Foeman: OK. Roll call. Vice Chairman Plummer: And, Commissioner Gort wished to be voting, affirmative. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-351 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY ATTORNEY TO CONTINUE THE ENGAGEMENT OF THE LAW FIRM OF LIEBOWITZ AND ASSOCIATES, P.A. AS OUTSIDE COUNSEL, TO PROVIDE ADVICE, ANALYSIS, AND RELATED SERVICES REGARDING THE CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGREEMENT AND ANY RENEWAL MODIFICATION, TRANSFER, OR RELATED MATTERS THEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID LAW FIRM, IN A TOTAL AMOUNT NOT TO EXCEED $135,000, WHICH INCLUDES $35,000 PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 9-758.1, ADOPTED OCTOBER 28, 1997; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921002-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort* Commissioner Arthur E. Teele, Jr. NOTE FOR THE RECORD: Commissioner Gort, although absent during roll call, requested to be shown in agreement with the motion. Vice Chairman Plummer: Now, a motion would be in order for two things: not to extend the contract for any period of time, and second of all, to go out with another RFP (Request for Proposal). 25 April 14, 1998 Commissioner Hernandez: Motion. Vice Chairman Plummer: There is a motion by Hernandez. Commissioner Regalado: Second. Vice Chairman Plummer: Second by Regalado. All in favor say "aye." Mr. Garcia -Pedrosa: One moment, sir. One moment. I wonder, if did you hear that the motion includes that the issuance of an RFP? Mr. Liebowitz: No, I am sorry. I did not... I was speaking to, Mr. Maxwell. Mr. Garcia -Pedrosa: OK, may I ask that we get the counsel's view on that, sir? Commissioner Hernandez: Well, that... They... I had the floor and I was leading that way. Vice Chairman Plummer: OK. What's the problem? Commissioner Hernandez: And, that's... According to what he said, we can't do that. Mr. Maxwell: And, that's why I called him over. I was questioning what was about to happen. Commissioner Hernandez: Well... Mr. Maxwell: Yeah. Commissioner Hernandez: ... I had the floor, and I was leading my questions to that, to ask him that. And, I want to hear the possibility of an RFP, which I don't think can be done. Vice Chairman Plummer: Well, wait a minute, it's really maybe immaterial. There is no extension. Commissioner Hernandez: You are saying that we can open up... Mr. Liebowitz: You could open up... Commissioner Hernandez: ... to any company that come in and open a cable business... Mr. Liebowitz: OK. Commissioner Hernandez: ... in the City of Miami, but it is not economically feasible. Mr. Liebowitz: Well, what I am saying, first of all, independent of the TCI franchise... Commissioner Hernandez: Right. Mr. Liebowitz: ... you can invite anyone else to come in and to compete and it should have a second or a third franchise. Commissioner Hernandez: Right. Vice Chairman Plummer: OK. 26 April 14, 1998 Mr. Liebowitz: And, with respect to the mechanism though, you don't need a... Vice Chairman Plummer: Excuse me. I'll take care of it. A motion made not to extend... Commissioner Hernandez: Did...? J.L. Vice Chairman Plummer: ... and a motion to what he wants is in an RFQ (Request for Qualification) or advertised for another company. Mr. Liebowitz: Yeah, I would not suggest you go through the expense or time of a formal RFP. Commissioner Hernandez: Right. Mr. Liebowitz: You will merely make an announcement publicly that you were seeking additional companies to come in. Vice Chairman Plummer: Motion by Hernandez, seconded by Regalado. Motion understood? Commissioner Regalado: Yeah. Vice Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? Show unanimous ballot. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 98-352 A MOTION INSTRUCTING THE CITY MANAGER TO NOT EXTEND THE CABLE TELEVISION CONTRACT TO MIAMI-TELE-COMMUNICATIONS INC. (TCI) FOR ANY PERIOD OF TIME; FURTHER DIRECTING THE MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS TO PROVIDERS OF CABLE TELEVISION FOR SAID SERVICES TO BE PROVIDED FOR SUBSCRIBERS IN THE CITY OF MIAMI. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: Thank you, sir. And, I would hope... Commissioner Hernandez: Could... ? J.L., just let me ask... 27 April 14, 1998 Vice Chairman Plummer: Mr. Manager. Sure. Commissioner Hernandez: Can we...? and it was my understanding that we couldn't. If we were to lock out TCI, and finally, say, listen we are not going to extend your contract, it's over, does the City...? Is it, become responsible for their investment, the infrastructure and all that, that they have left behind, or does it fall between them, it's a business transaction? They then have to sell that to someone else. Mr. Liebowitz: OK, under Federal law, if you go through the process and at the end of the process deny the TCI renewal. First of all, the immediate consequence is litigation in Federal court. Assuming that the City is upheld in federal court, then there is a formula under Federal law where the City can purchase the existing physical plant at something less than fair market value. Depending on the nature of the denial, there are alternative accounting methodologies as to what that purchase price would be. But, that presupposes (a) a denial by this Commission, and (b) the ultimate of being upheld... that denial being upheld in Federal court which would take years and substantial amounts of money. Vice Chairman Plummer: Does that take care of it? Commissioner Hernandez: Yeah. Vice Chairman Plummer: OK, thank you, sir. Commissioner Hernandez: Thank you. Mr. Liebowitz: Thank you. Vice Chairman Plummer: I would appreciate, Mr. Manager, that this Commission be afforded monthly statements as to what is the progress that is being made, or not being made. Commissioner Regalado: Mr. Vice Chairman. Vice Chairman Plummer: Yes, sir. Commissioner Regalado: And, we also should look for all the ... all documents from the cable system. If you go to second floor of the pink building, in an abandoned room, you will find boxes and boxes of complaints, date of 1984 from the cable system. Vice Chairman Plummer: Well, I would ask you to read them all and send me a brief paragraph as to what they say. Commissioner Regalado: I will. I will. Vice Chairman Plummer: Thank you. Vice Chairman Plummer: Item number four. Theater Marti. Is Mr. Capote present? Commissioner Regalado: No. Vice Chairman Plummer: Item four is now moved. 28 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 6. PERSONAL APPEARANCE: ELLIOT KAPLAN -- REQUEST FOR PERMIT TO HAVE NEW YEAR'S EVE PARTY IN PEACOCK AND MYERS PARK -- DEFER CONSIDERATION TO SCHEDULED MEETING OF APRIL 28, 1998 -- FURTHER DIRECT MR. KAPLAN TO MEET WITH THE COCONUT GROVE CIVIC ASSOCIATION. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item five. Item five is Mr. Elliot Kaplan. Mr. Elliot Kaplan: Yes, sir. Elliot Kaplan from Coconut Grove. Vice Chairman Plummer: All right, Mr. Kaplan there has been a request by the Coconut Grove Civic Association to defer this item, that they wish to speak to it and could not be present this morning. I will allow you, sir, if you wish to make a presentation this morning, but I would assume it will be deferred until another... until the next meeting so that they can be heard. So it's up to you, whether you wish to discuss it this morning, or wait 'till the next agenda. It's your choice, sir. Mr. Kaplan: Well, I would like to discuss it this morning, being as we... Vice Chairman Plummer: You have it, sir. You have two minutes. For the record, your mailing address and your full name. Mr. Kaplan: Elliot Kaplan, Coconut Productions, 2117 Hollywood Boulevard, Hollywood, Florida. First of all, I'll state that we are not competing with the Orange Bowl, we are not competing with the Downtown party. This is a different audience. Number two, we are going to have it in the park, and the party is designed to encourage responsible partying and mass transit is the designated driver. We don't think that this... having the party 'till one o'clock in the morning would... on New Years' eve would be a problem at Myers Park and Peacock Park. It will be televised with cut-aways from different national programs, and I don't know what the Civic Association... Vice Chairman Plummer: All right, sir. I can tell you, this will be deferred over 'till the next agenda which is on the 28th. So I would suggest definitely you be here on the 28th sir, to discuss this item, because there is some opposition. Commissioner Gort: Mr. Chairman. Vice Chairman Plummer: Yes, sir. Mr. Gort. Commissioner Gort: Have you had an opportunity to meet with the opposition or people who are opposed to this. Are they aware of the idea? Mr. Kaplan: No, we have met with the Standing Festival Committee that went ahead and suggested approval and we felt that we would have approval. We don't feel because, its the parks and not on the streets that would affect the... Commissioner Gort: Well, the reason I asked the question, my suggestion is that Coconut Grove is a very exclusive district. You should get together with the Association and make the presentation to them. Two different groups. 29 April 14, 1998 Vice Chairman Plummer: I would suggest, sir that you get in touch with the Coconut Grove Civic Association and the Chamber of Commerce and ask for them and the Police Department, OK? Mr. Jose Garcia -Pedrosa (City Manager): Call the Police, please. [phonetic] Mr. Kaplan: OK. Vice Chairman Plummer: All right, we'll see you then, hopefully back on the 28th, sir. Mr. Kaplan: Thank you. ---------------------------------------------------------------------------------------------------------------- 7. TABLE TO LATER IN SESSION -- PERSONAL APPEARANCE; KATHY BLOUNT -- REQUEST FOR ALCOHOL AND BEVERAGE PERMIT -- FOR COCONUT GROVE BED RACE -- SEE LABEL 10. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: The next item is, item number six. Kathy Blount. Ms. Kathy Blount: Good morning. Vice Chairman Plummer: Good morning, ma'am. For the record, you name, mailing address. Ms. Blount: My name is Kathy Blount. I am at 3440 Northeast 192nd Street in Aventura. Vice Chairman Plummer: And you have two minutes. Ms. Blount: I have two minutes. On behalf of the Muscular Dystrophy Association, we are requesting an alcohol beverage permit for the 20th Annual Coconut Grove Bed Race which is Muscular Dystrophy's largest national fund-raising event. It raises funds for children with neural muscular diseases and for research that is done at the University of Miami. We have had this permit in the past, and we would be most grateful if we could get it again. Vice Chairman Plummer: OK. Let's move. But now, that's for beer and wine. Ms. Blount: For alco... We are requesting alcohol. Vice Chairman Plummer: Ah-hhh, Mr. Manager, could you address the issue? Mr. Jose Garcia -Pedrosa (City Manager): No, I don't think we were aware of that. Vice Chairman Plummer: That's a different ball game. Mr. Garcia -Pedrosa: Yes. Ms. Blount: Uh-huh. This is... was for alcohol. I had spoken with Espi Alvalos, and she had said that she had put this on the agenda for alcohol. Vice Chairman Plummer: Well, it's on the agenda. I see it, and that's why I am asking the question. 30 April 14, 1998 Ms. Blount: Uh-huh. Vice Chairman Plummer: Alcohol, not... You know, I have got no problem with beer and wine. Ms. Blount: Uh-huh. It's not for... Vice Chairman Plummer: Well, hold on, let me... Because it's going to make a different configuration with your Police Department, much different. Mr. Manager. Commissioner Gort: What has been the permit in the past? Mr. Garcia -Pedrosa: I am not privy to the... Vice Chairman Plummer: Beer and wine in the past. Mr. Garcia -Pedrosa: ... discussions, so I am not sure whether we have... we covered that or not. Let us... Let us do this, so that we can... Commissioner Gort: Why don't you defer it to the afternoon, and let her get together with the...? Mr. Garcia -Pedrosa: Let us talk to it between now and your afternoon session... Vice Chairman Plummer: OK, that will be fine. Mr. Garcia -Pedrosa: ... and see what we could find, and come back to you then. Vice Chairman Plummer: You don't have to be back. We'll vote one way or the other. Ms. Blount: OK. I have a map, if you want to see where we would put it. It's not exactly in Peacock Park. Vice Chairman Plummer: Nah, the concern, of course.... Ms. Blount: Uh-huh. Vice Chairman Plummer: ... is whenever you go from beer and wine to alcohol... Ms. Blount: Right. Vice Chairman Plummer: ... you go another step. Ms. Blount: Uh-huh. Vice Chairman Plummer: And, you know, it makes a big difference in the Police Department's... Ms. Blount: OK. Vice Chairman Plummer: ... requirements and all of that, and I just think that we need to understand. Everybody needs to understand. Ms. Blount: OK, thank you. 31 April 14, 1998 Vice Chairman Plummer: So, if you will discuss it with them... Ms. Blount: Yes. Vice Chairman Plummer: ... they'll come back and make a recommendation one way or the other which I think the Commission would adhere to. Vice Chairman Plummer: OK, item number seven, Mr. Thomas Jones. Mr. Jones, are you present? Mr. Thomas Jones is not present. OK. ---------------------------------------------------------------------------------------------------------------- 8. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: OFFICE OF THE CITY CLERK / PASSPORT ACCEPTANCE FACILITY (FY '98) -- APPROPRIATE $100,000.00 -- ACCEPT REVENUES DERIVES -- USE DERIVED REVENUES EXCLUSIVELY TO FUND GENERAL OPERATING BUDGET OF OFFICE OF CITY CLERK. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item number... Item number eight. Do I hear...? Commissioner Gort: Move it. Vice Chairman Plummer: Mr. Clerk, this is your item. Mr. Walter J. Foeman (City Clerk): Yes, Commissioners. Vice Chairman Plummer: You wish to discuss it? You don't need to discuss it. Commissioner Gort: No. Vice Chairman Plummer: Moved by Mr. Gort. Commissioner Hernandez: Second. Vice Chairman Plummer: Seconded by Mr. Hernandez. Commissioner Regalado: Can I...? Discussion. Vice Chairman Plummer: It's an emergency ordinance. It will require four -fifths. Read the ordinance, please? Commissioner Regalado: Mr. Chairman. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Yeah, I think that it's important that we approve this. Yesterday, there were 6,000 new citizens in a ceremony in Miami Beach Convention Hall, and a lot of these people would be trying to get a passport. I... I know how difficult in the past it has been to get a passport, and I received some information from the State Department. And the way they are going to do it is, they are going to refer people south of downtown to the City of Miami. Now, I think that what the Clerk has it's a problem of space. He would need some little office to deal with the paperwork. I will tell you that the best office to do it will be the former Sergeant of 32 April 14, 1998 Arms Office in the lobby, and I will tell you why, Mr. Chairman. If you do it in the back of City Hall, you will find that there is going to be a lot of problems for parking, and the reason that this will be the ideal place is because there is a lot of parking in front of City Hall and the adjacent area in the Coconut Grove Convention Center. I don't... Since you get an appointment, you are not going to have a lot of foot traffic in the lobby of the City Hall. So I would suggest the Manager to look into it. Vice Chairman Plummer: OK. I am just concerned about parking. It's always a problem in front of City Hall, and I just thought that the ideal place, and I had recommend it, I think, to Walter or someone that they consider the mezzanine of the Dinner Key auditorium. There is more space and all that parking would be pushed over towards the auditorium but it's up to the Manager, and if it's... whatever it is he feels will take it. Read the ordinance, please. A motion made by Gort, seconded by Regalado... Made by Regalado, seconded by Gort. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Call the first roll. Wait, wait a minute. Mr. Goenaga, pearls of wisdom. Mr. Manuel Gonzalez-Goenaga: I am sure that it will be covered, the full amount, and our expenses will be covered by the Secretary of State Department, right? Vice Chairman Plummer: You are correct, sir. Mr. Gonzalez-Goenaga: I mean, not... OK. Vice Chairman Plummer: It is a profit making for and on behalf of the City. Mr. Gonzalez-Goenaga: Oh, marvelous, and you can rest assured that I will use these facilities because I am scared to be picked up by immigration anytime, and I am a born American citizen. Vice Chairman Plummer: Thank you, sir. Mr. Gonzalez-Goenaga: And I don't have my passport here. Vice Chairman Plummer: Call the roll, please? 33 April 14, 1998 An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "OFFICE OF THE CITY CLERK/PASSPORT ACCEPTANCE FACILITY (FY '98)" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME TIN THE AMOUNT OF $100,000.00; AUTHORIZING THE CITY MANAGER TO (1) ACCEPT REVENUES DERIVED AS A RESULT OF THE CITY'S SERVICE AS A U.S. PASSPORT ACCEPTANCE FACILITY, (2) DIRECT THAT SAID REVENUES GENERATED BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK, AND (3) EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Regalado, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Whereupon the Commission on motion of Commissioner Regalado and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11635. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 34 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 9. AUTHORIZE SUBMITTING TO U.S. DEPARTMENT OF STATE, PASSPORT SERVICES OFFICE, CITY'S INTEREST IN BECOMING PASSPORT ACCEPTANCE FACILITY -- FURTHER DIRECTING CITY MANAGER TO FIND SUITABLE SPACE TO HOUSE SUCH OPERATION. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: The Manager requests that item six come back... Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No, no. You need to do eight as a companion to this. Vice Chairman Plummer: All right. Mr. Walter J. Foeman (City Clerk): It's agenda. Agenda item nine. Commissioner Gort: We did it. This is it. Vice Chairman Plummer: That is eight. You are saying nine is companion? Mr. Maxwell: I am sorry the next... The next... Nine, nine. Vice Chairman Plummer: Moved by Commissioner Regalado, seconded by Mr. Gort. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? Show a unanimous ballot. 35 April 14, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-353 A RESOLUTION AUTHORIZING THE CITY CLERK TO FORMALLY SUBMIT WRITTEN NOTIFICATION TO THE U.S. DEPARTMENT OF STATE, OFFICE OF PASSPORT SERVICES, OF THE CITY OF MIAMI'S EXPRESSED INTEREST IN BECOMING AN AUTHORIZED PASSPORT ACCEPTANCE FACILITY. (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: Vice Chairman J.L. Plummer, Jr. Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 10. CONTINUED -- PERSONAL APPEARANCE: KATHY BLOUNT -- GRANT REQUEST FOR ALCOHOL AND BEVERAGE PERMIT -- FOR COCONUT GROVE BED RACE -- SEE LABEL 7. Vice Chairman Plummer: The Manager wishes item six to come back. Mr. Jose Garcia -Pedrosa (City Manager): Yeah, while Ms. Blount is here, if we can just address that. Christina... Ms. Christina Cuervo (Assistant City Manager): OK. Mr. Garcia -Pedrosa: ... why don't you go ahead and tell the Commission what we have determined. Ms. Cuervo: Commissioners, pursuant to the Code, the Manager has the authority to approve beer and wine. The Commission has the authority, it needs to come to the Commission if there is mixed drink or alcohol. There's four festivals that annually... you have in the past approved alcohol... permission to sell alcohol at the festivals and one of them is their festival. So we would recommend that you go ahead and approve it. Vice Chairman Plummer: OK, I will abide by that. I can only tell you that in Bayfront Park, I don't allow the sale of hard alcohol, except in what is referred to as "exotic drinks." Ms. Cuervo: That's what in the past, they have historically had. 36 April 14, 1998 Vice Chairman Plummer: OK. Ms. Cuervo: And that's what Kathy Blount has indicated that they would have this year. Vice Chairman Plummer: Now, Mr. Manager, I said I would vote for what recommendation, but I want to tell you sir, that I am going to make sure whether it's me personally or otherwise, that minors are not served. It is always a danger, OK. Commissioner Gort: Let me ask you a question? Commissioner Regalado: What is "exotic drinks." Commissioner Gort: Yeah, I was going to ask that question. Vice Chairman Plummer: "Exotic drinks" are what do you call it? The Zombie... Vice Chairman Plummer: No, no, no. What do you call it? Ms. Blount: Anything with rum in it. Vice Chairman Plummer: The rum, you know that's... Mr. Maxwell: Scotch. Pina Coladas. Commissioner Regalado: It's Cuba Libre. Cuba Libre included? Vice Chairman Plummer: Cuba Libre is always exotic, but it's grande benterosa, also. Commissioner Gort: Benterosa. Let me ask you a question, then it's your purpose to go there and try everyone of them to see if they are exotic or not? By the time you get through, I hope you have a designated driver. Vice Chairman Plummer: Well, no, no. I am not saying... Commissioner Gort: Move it. Vice Chairman Plummer: ... that they are limited to that. I am saying that in fact that there is always the present danger of minors being served. Commissioner Gort: Move it. Vice Chairman Plummer: All right. Item six has been moved by Mr. Gort, seconded by Mr. Regalado. All in favor say "aye." The Commission (Collectively): Aye. Ms. Blount: Aye. Vice Chairman Plummer: Opposition show none. Unanimous ballot. Ms. Blount: Thank you. 37 April 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-354 A RESOLUTION RELATED TO THE COCONUT GROVE BED RACE TO BE CONDUCTED ON MAY 17, 1998, BY THE MUSCULAR DYSTROPHY ASSOCIATION; AUTHORIZING A ONE -DAY PERMIT FOR THE SALE OF BEER, WINE AND FROZEN TROPICAL ALCOHOLIC DRINKS IN THE AREA DURING SAID EVENT, SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; CONDITIONING ALL APPROVALS AND AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY MANAGER OR HIS DESIGNEE; AND (3) INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC BEVERAGES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. ---------------------------------------------------------------------------------------------------------------- 11. ESTABLISH SPECIAL REVENUE FUND; '98 SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM -- APPROPRIATE $471,000.00 GRANT FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item number ten. Commissioner Gort: That's the Youth Employment 471. Move it. Vice Chairman Plummer: Moved by Gort, seconded by? Seconded by Hernandez? It's an emergency ordinance. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Call the roll. 38 April 14, 1998 Mr. Walter J. Foeman (City Clerk): Roll call. Commissioner Gort. Commissioner Regalado: Question. Vice Chairman Plummer: Question. Mister Regalado. Commissioner Regalado: Excuse me. Gwendolyn, are we doing anything in the Artime already or in the Office of Jobs Program? Ms. Gwendolyn C. Warren (Director/Community Development Department): Actually, we have... are going to be moving into the same facility with the East Little Havana NET. We have got some space there, and we are currently doing lease negotiations. Commissioner Regalado: OK, when...? Do you have an idea? Ms. Warren: I am hoping to be on the first agenda for May with a lease recommendation. Commissioner Regalado: Are you going to serve also the Summer Job Employment Program from that office, or? Ms. Warren: That will be one of our locations, yes. Vice Chairman Plummer: Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SYETP - 98 SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROGRAM IN THE AMOUNT OF $471,000 CONSISTING OF A GRANT FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC); AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort and seconded by Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 39 April 14, 1998 Whereupon the Commission on motion of Commissioner Gort, and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman J.L. Plummer, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11636. 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. ---------------------------------------------------------------------------------------------------------------- 12. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 11395 ESTABLISHING RESOURCES FOR SPECIAL REVENUE FUND ENTITLED VICTIMS OF CRIME ACT -- INCREASE APPROPRIATIONS BY $60,000.00 GRANT FROM STATE OF FLORIDA. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 11. Second reading. Commissioner Gort: Move it. Commissioner Hernandez: Second. Vice Chairman Plummer: Second and... Any discussion on item 11? Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: Well, if you would have given me more ample time in some issues, I won't be speaking on this ones. Anyway, I want to be on record that I want to be contacted... Vice Chairman Plummer: That you are a victim. Mr. Gonzalez-Goenaga: ... by this application, because I am a victim of crime in the City of Miami by the police and by Cesar. So please, put me on to contact me, and write to me because I love to get some money to be replenished for... Vice Chairman Plummer: Read Ordinance, Item 11, please. Mr. Jose Garcia -Pedrosa: Item 11 is a second reading of the ordinance to establish a revenue, special revenue fund entitled crimes... "Victims of Crime Act" and increasing the appropriation by sixty thousand dollars ($60,000). Vice Chairman Plummer: Call the roll? 40 April 14, 1998 Mr. Garcia -Pedrosa: They need to read the ordinance. Vice Chairman Plummer: What are you doing? Mr. Jose E. Maxwell, Esq. (Interim City Attorney): Oh that's the title, no, the ordinance... [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 11395, ADOPTED AUGUST 23, 1996, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "VICTIMS OF CRIME ACT." THEREBY INCREASING SAID APPROPRIATION IN THE AMOUNT OF $60,000.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 10, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11637. 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: Vice Chairman informs the Commission o ommissioner Teele's absence due to medical reasons. Vice Chairman Plummer: For the record, Commissioner Teele has sent a memo that he will be unable to attend the meeting of this morning for medical reasons, but he does plan on being here this afternoon. Mr. Clerk, will you please remind me that he asked that we not take up item 29, until he is here present. Thank you, sir. 41 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 13. APPROVE SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: WEED AND SEED ASSET FORFEITURE -- APPROPRIATE $100,000.00 FROM GRANT FROM U.S. DEPARTMENT OF JUSTICE. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 12. Weed and Seed forfeiture money. Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Hernandez. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Call the roll. Mr. Manuel Gonzalez-Goenaga: Yes. Vice Chairman Plummer: Oh, come on. Mr. Gonzalez-Goenaga: Yes. Vice Chairman Plummer: Mr. Goenaga. Mr. Gonzalez-Goenaga: Two minutes. You speak much more time. Vice Chairman Plummer: Yeah, I hear you. Mr. Gonzalez-Goenaga: Well, I tell you. Here is a grant of one thousand... one hundred thousand dollars ($100,000.00). Vice Chairman Plummer: That's correct, sir. Mr. Gonzalez-Goenaga: OK, we do have a grant, and this is for the City Manager. I don't know if you are aware of it, that many years ago from the safe of the Police Department a hundred thousand dollars ($100,000.00) were stolen besides marijuana and a few other things. Why don't we use these one hundred thousand dollars ($100,000.00) to try to recover the stolen money from the safe of the Police Department who had the combination to the safe. Let's clear, and it's still under investigation. Why do we need...? If the police doesn't know how to investigate themselves, how are they going to investigate other people? So, let's put priority in the recovering of the one hundred thousand dollars ($100,000.00) stolen from the safe of the Police Department. Vice Chairman Plummer: Call the roll. Mr. Gonzalez-Goenaga: And that was not me. 42 April 14, 1998 An Ordinance entitled - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "WEED AND SEED ASSET FORFEITURE," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN A TOTAL AMOUNT OF $100,000.00, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION (FBI); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 10, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11638. 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. ---------------------------------------------------------------------------------------------------------------- 14. APPROVE SECOND READING ORDINANCE: AMEND ORDINANCE 10021 WHICH ESTABLISHED LAW ENFORCEMENT TRUST FUND -- INCREASE APPROPRIATIONS BY $1,174,000.00 FROM FORFEITURES. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 13. Commissioner Gort: It's the trust funds, an additional million one seven four. Move it. Vice Chairman Plummer: All right, moved by Gort, seconded by? Commissioner Hernandez: Me. Vice Chairman Plummer: Hernandez. Mr. Manuel Gonzalez-Goenaga: Here I go, again. Vice Chairman Plummer: Mr. Goenaga. 43 April 14, 1998 Mr. Gonzalez-Goenaga: This is a government of transparency. Every time these plus funds begins... Vice Chairman Plummer: Mr. Goenaga. Wait a minute. Woa, woa. Mr. Gonzalez-Goenaga: ... the income and the expense... Vice Chairman Plummer: Mr. Goenaga, either speak to the issue, or you are going to be out of order. The issue before us is, item 13. Mr. Gonzalez-Goenaga: Item 13... Vice Chairman Plummer: Your comments on item 13, if you have some. Mr. Gonzalez-Goenaga: Yes. Vice Chairman Plummer: If you don't, you are out of order. Mr. Gonzalez-Goenaga: I do have something. Vice Chairman Plummer: Thank you, sir. Proceed. Mr. Gonzalez-Goenaga: I love to see the income and the expenses account of this moving fund. Vice Chairman Plummer: All right, sir. Mr. Gonzalez-Goenaga: And I have asked... Vice Chairman Plummer: Mr. Manager, if you will provide him with the income... Mr. Gonzalez-Goenaga: ... for it every time I come here and it has never been provided. I have the same right as you, Mr. Plummer, to know what's going on in the City. Vice Chairman Plummer: Absolutely, sir. Mr. Gonzalez-Goenaga: Thank you. Vice Chairman Plummer: The Manager has been instructed to provide you with said. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Call the roll. 44 April 14, 1998 An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT OF $1,174,000.00, FROM MONIES REALIZED AS A RESULT OF SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 10, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11639. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ---------------------------------------------------------------------------------------------------------------- 15. APPROVE SECOND READING ORDINANCE: AMEND SECTION 18-182 OF CODE: AUTHORITY TO SELL -- INCLUDE REQUIREMENT FOR PAYMENT IN LIEU OF TAXES -- FOR CONVEYANCE OF REAL PROPERTY EXEMPT FROM TAXATION. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 14. Moved by Gort, seconded by Regalado. Mr. Jose Garcia -Pedrosa (City Manager): Mister... Vice Chairman Plummer: Hold on. Mr. Garcia -Pedrosa: Commissioner, I would like to add language to facilitate the sale of some property to tax exempts who may not be able to pay the PILOT. And, if I may just read what I would like for the Commission to add at this point. Vice Chairman Plummer: An amendment. Proceed. Mr. Garcia -Pedrosa: This would be Subsection C of Section... What is it? Section 2 of the ordinance. Reading as follows: 45 April 14, 1998 "The City Commission may declare an exemption from the restrictions contained in Paragraph A above and declare them inapplicable by resolution provided that the City Manager has made a written finding that it is in the best interest of the City which finding must be ratified by an affirmative vote of two- thirds of the Commission after a properly advertised public hearing. So this gives you the ultimate decision, but gives you also the flexibility in the event there is a sale..." Vice Chairman Plummer: I'll go along with it, but I don't like the idea nor the flexibility. Commissioner Gort: I have got a question. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Give me an example. Ms. Dena Bianchino (Asst. Director/Planning & Development Dept.): I have one. Mr. Garcia -Pedrosa: Go ahead. Ms. Bianchino: A good example of this is the Federal government. Commissioner Gort: Right. Ms. Bianchino: They do not pay taxes. They will not pay taxes. Commissioner Gort: All right. Ms. Bianchino: However, they do have what they call, a "good neighbor program" whereby they make arrangements to pay the City some funding for services that they receive. But that would be an example of where you would want to make an exception. Commissioner Gort: I understand. But I personally would not vote to sell anything to the Federal government, to Dade County or anyone that will not pay taxes on it. Vice Chairman Plummer: The problem is... Commissioner Gort: And you know, we have been waiting for the Federal government to pay for us, for how long now? This agreement, we have been working on it for two or three years now. Mr. Garcia -Pedrosa: Well, but the way we might be able to work that, Commissioner, is we might be able to front a little, you know, a... Vice Chairman Plummer: Yeah, but the problem is, they just come in and condemn. Big deal. Mr. Garcia -Pedrosa: Well, once we can front load and get the same amount of money. Vice Chairman Plummer: All right. We have an amendment. Did you read the ordinance yet? Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No, I haven't. Vice Chairman Plummer: All right. As amended. Read the ordinance. 46 April 14, 1998 Mr. Garcia -Pedrosa: They haven't voted on the amendment yet. Mr. Maxwell: Yeah. Oh, they are going to be voted as amended. They're adopting the amendment. Vice Chairman Plummer: You want a... You just amend it. You don't need to vote on an amendment first. Mr. Maxwell: No, the motion was approved as amended. Vice Chairman Plummer: OK. Read it. Vice Chairman Plummer: Call the roll. As amended. Commissioner Gort: I don't like it, but I guess I have to vote for it. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "AUTHORITY TO SELL," TO INCLUDE THE REQUIREMENT THAT ALL CONVEYANCES OF REAL PROPERTY BY THE CITY OF MIAMI SHALL BE SUBJECT TO A DEED RESTRICTION THAT REQUIRES GRANTEES WHO ARE LEGALLY IMMUNE OR EXEMPT FROM TAXATION TO PAY TO THE CITY AN ANNUAL MUNICIPAL SERVICE PAYMENT IN AN AMOUNT EQUAL TO WHAT THE CITY WOULD RECEIVE IN AD VALOREM TAXES; FURTHER PROVIDING FOR A WAIVER OF SAID REQUIREMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 10, 1998, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11640. 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. 47 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 16. DISCUSS / CONTINUE CONSIDERATION OF AGENDA ITEM 15 (PROPOSED SECOND READING ORDINANCE: REGULATE PLACEMENT OF NEWS RACKS IN PUBLIC RIGHT -OF WAY) TO SCHEDULED MEETING OF MAY 26, 1998 -- DIRECTING PUBLIC WORKS TO MEET WITH ALL AFFECTED PARTIES -- FURTHER DIRECTING PUBLIC WORKS TO RESEARCH SIMILAR PRACTICES IN OTHER CITIES AND PROVIDE RECOMMENDATIONS AT SCHEDULED MEETING OF MAY 26, 1998. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 15. Commissioner Regalado: Mr. Vice Chairman. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I have several problems, although I voted on the first reading with this newsrack ordinance. I would tell you that I have seen many places in the City of Miami where we have many, many racks of small weekly newspaper. As a matter of fact, the New Times just bought new... new racks. And I would not tell you that the Miami Herald does not have the money to pay for a fee that high. But I would tell you that I talked to several community newspapers and they really have a problem. So I think that we should do something to accommodate these people. The amount of money that the community newspapers, that the weekly newspaper will have to spend to conform to what we are saying here, some of these newspapers cannot bear. And, I... Vice Chairman Plummer: Mr. Regalado, are you aware, sir? And I am the one through Mr. Ted Stahl who came... Commissioner Regalado: I know. I know you are, and I understand. Vice Chairman Plummer: OK, but the point... Commissioner Regalado: I understand that, you know, we want to be like Coral Gables, and.... Vice Chairman Plummer: Exactly. Commissioner Regalado: And you know, we want to have low taxes and great service, but I think, you know, you have the New York Times, U.S. A. Today. You have the Miami Times. You have the different community newspapers. I don't know whether the Miami Today has racks, I have seen it in places. There are at least three or four Spanish weekly newspapers, two from the Grove and Brickell and some of these biweekly publications. So I don't know, I don't know what exactly we want to do when these people say, we just don't have the money to conform. Would it...? Will they be thrown out of the City of Miami? How would they deliver their newspapers? Mr. Kay? Mr. Jim Kay (Director/Public Works Department): Well, right now the ordinance is very uniform for everybody, and they are given a year to comply. That would seem to be, when we had a meeting with various publishers last year... 48 April 14, 1998 Commissioner Regalado: Who called this meeting? Mr. Kay: I am sorry. Commissioner Regalado: Who called for this meeting? Mr. Kay: Public Works. Commissioner Regalado: And who showed up, because... Mr. Kay: Ah-hh... Commissioner Regalado: ... I am told by three community newspapers that they were not informed of the meeting. Mr. Kay: We... We had about 25 different, I think publications represented there. Commissioner Regalado: I know about two. Two that have racks that were not notified. That's Libre and... Were you notified? Unidentified Speaker: No, sir. Commissioner Regalado: He wasn't. Jack King was not notified either. Commissioner Gort: Look, why don't you defer this and bring it back at the next meeting. And an opportunity to go the... Commissioner Regalado: Well, but I mean, we keep deferring things. I am just saying... Commissioner Gort: No, but... Commissioner Regalado: I am just saying, what we are proposing, it's unfair. I am saying that, you know. Commissioner Gort: All right. Commissioner Regalado: I am just a vote. Commissioner Gort: What I am saying... What I am saying, Regalado, why don't you defer this and let the industry get together with Public Works and come up with a solution. The problem that we have, you got racks all over the place, then the people go out of business. They are left in the right -of way. So... Commissioner Regalado: Willy, I... I... Commissioner Gort: No, I agree with you. But let them get together. Let's defer and get together with the industry. Mr. Kay: Could I make a statement here, one statement to correct something? The... If you are just reading the transmittal memo with this item, ordinance is up-to-date. The transmittal item was the one that was submitted with the first ordinance that we had brought forth with the first reading. There is one thing that has changed since then, and that is all... The only fee is a one... is an annual fee of ten dollars ($10) per newsrack. There is no fifty dollar ($50) publisher fee. So it's just ten dollars per year. 49 April 14, 1998 Commissioner Regalado: Well, you know, I think that's fair. That any publication can pay a ten dollar ($10) fee per year. I am not... I am not arguing about that. What I am saying is that we are telling all the publications that are distributed throughout the City of Miami that they have to conform same painting... I am asking you, how much would a new... a weekly newspaper would have to pay to get in line with this ordinance throughout the City of Miami, if you have for instance 100 racks? Mr. Kay: I would have... I don't know the exact price of the new newsrack, the pedal style newsrack. They were somewhere close to one hundred and eighty, two hundred dollars ($200),1 believe in that range. Commissioner Regalado: They can't. There is no... There is no community newspaper that has the ability to bring up -front twenty thousand, eighty thousand or whatever amount of dollars. It can't because community newspapers are family newspapers, you know. One guy, two guys, three guys working, or enterprises that do not sell their publications. I would tell you like New Times, a weekly that sells with the advertising and with the distribution, and what they sell to advertisers is the points of distribution throughout the community. And you are talking of the four major areas of newspaper distribution throughout Dade County are in downtown Miami, Brickell and Coconut Grove. That's the most where they can distribute. And those three or four areas are in the City of Miami. I will tell you that there are many newspapers that would have to leave the City of Miami because they don't have the money to conform. And so, I don't know, you know, I am just one vote here and the fact that I am from the media does not have anything to do... I think that fair is fair and I would tell you that I have spoken to many.... Vice Chairman Plummer: OK, Mr. Regalado. Commissioner Regalado: Yes, sir. Vice Chairman Plummer: If I may interrupt you? Mr. Gort is suggesting that we defer this and let them go back and try to come up with something else. I have no problem with that. I do feel that the City of Miami should not have to be any less than what any other municipality is. It's been tried in the Gables. I think it has been successful in the Gables. So at this point, if no one has any objection for the matter of expediency, I'll accept a motion to defer. Mr. Jose Garcia -Pedrosa (City Manager): Can we continue, so it wouldn't have to be readvertised? Commissioner Gort: To continue. Yeah. Vice Chairman Plummer: That's what I meant. To continue... Mr. Garcia -Pedrosa: To a date certain. Vice Chairman Plummer: ... to a date certain, and that date certain will be May the 26th. Unidentified Speaker: I can tell you how much, if you want to know. Vice Chairman Plummer: Mr. Kay, you will meet with all interested parties and come back with your recommendations on May the 26th. Commissioner Gort: Motion. Vice Chairman Plummer: Motion by Commissioner Gort, seconded by Regalado. 50 April 14, 1998 Commissioner Gort: Let me give you a suggestion, also. Vice Chairman Plummer: All right. Mr. Gort. Commissioner Gort: If you look at the models that have been done in other cities where the industry itself have come up with an idea where they create cases where they can all fit in, and that type of things. Maybe what you want to do is, we want to improve the City a little bit, and I think that can be accomplished. Vice Chairman Plummer: All in favor of the deferral say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? Show unanimous. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 98-355 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 15 (PROPOSED ORDINANCE REGULATING THE PLACEMENTS OF NEWSRACKS IN THE CITY OF MIAMI); FURTHER DIRECTING THE MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS, OR HIS DESIGNEE, TO (a) MEET WITH INTERESTED PARTIES AND OPPONENTS OF SAID PROPOSED REGULATIONS IN ORDER TO FIND AN ACCEPTABLE COMPROMISE BETWEEN ALL PARTIES CONCERNED, AND (b) TO ASCERTAIN WHAT IS TO BE DONE IN OTHER CITIES; FURTHER DIRECTING THE MANAGER TO MEET WITH THE COMMISSION PRIOR TO THE NEXT SCHEDULED MEETING REGARDING THIS MATTER AND COME BACK WITH A RECOMMENDATION FOR COMMISSION CONSIDERATION AT THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 26, 1998. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 51 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 17. APPROVE SECOND READING ORDINANCE: APPROVE FAIRHAVEN ROVING SECURITY GUARD SPECIAL TAXING DISTRICT -- FOR ROVING POLICE PATROL SERVICE AT FAIRHAVEN NEIGHBORHOOD. Vice Chairman Plummer: Item 18. I am sorry. Unidentified Speaker: Yeah, 16... Vice Chairman Plummer: Sixteen. Item sixteen. I don't... Commissioner Gort: Sixteen. Move it. Commissioner Hernandez: Second. Vice Chairman Plummer: OK, that is on... Commissioner Gort: Fairhaven Roving Security Guards. Mr. Jose Garcia -Pedrosa (City Manager): That's the Fairhaven Roving Security Guards. Vice Chairman Plummer: Is there anyone here on item 16, wishing to be heard. It was 17, isn't it that I wanted for the after...? Yeah. OK. Second reading on the ordinance on Fairhaven Taxing District. Mr. City Attorney, call the roll. Is there anyone here in opposition? Anyone here to speak to the issue? Are you here to speak to the issue, sir? Mr. Roger Kobert: Your honor, only if there is a problem or a question, yes. Vice Chairman Plummer: For the record state your name and mailing address. Mr. Kobert: Roger Kobert of Shapro Friedman and Bloom, 200 South Biscayne Boulevard. Vice Chairman Plummer: And you are in favor? Mr. Kobert: Yes, sir. Vice Chairman Plummer: All right, sir. Mr. City Attorney, read... Vice Chairman Plummer: Motion understood. Call the roll. It will become effective, law in 30 days. 52 April 14, 1998 An Ordinance entitled - AN ORDINANCE WITH ATTACHMENT(S) APPROVING CREATION OF THE "FAIRHAVEN ROVING SECURITY GUARD SPECIAL TAXING DISTRICT" BY MIAMI-DADE COUNTY FOR THE FAIRHAVEN NEIGHBORHOOD, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING POLICE PATROL SERVICES, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 24, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11641. 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: Item 17 was tabled for a time certain at three o cloc . Vice Chairman Plummer: Item 17 will be for a time certain for at three o'clock. 53 April 14, 1998 ----------------------- ---------------------------------------------------------------------------------------- 18. APPROVE SECOND READING ORDINANCE: AMEND SECTIONS 2-33 AND 2-34 OF CODE: PROVIDING FOR CITY COMMISSIONERS TO SIGN PROCLAMATIONS -- PROVIDE FOR CEREMONIAL HEAD OF GOVERNMENT IN CASE OF VACANCY IN POSITION OF MAYOR. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: We are now on item 18. Moved by Commissioner Hernandez. Seconded by Commissioner Gort. Anyone wishing to speak on the issue? Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: Yes. A very philosophical point. You see, is this the right thing to do? Vice Chairman Plummer: We will let you know after the vote. Mr. Gonzalez-Goenaga: But I would like to know which is the thing? You see, we, we are concerned about little things, signatory... Signatory on proclamations. Don't you think that I deserve a proclamation for coming here since 1990 and bearing with you... Vice Chairman Plummer: No, sir. Mr. Gonzalez-Goenaga: ... at my expense? Vice Chairman Plummer: Absolutely, not. Mr. Gonzalez-Goenaga: OK. Thank you. Vice Chairman Plummer: Read the ordinance, please. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Motion understood. Call the roll. Mr. Walter J. Foeman (City Clerk): Commissioner Hernandez? Commissioner Hernandez: Yes. Mr. Foeman: Commissioner Regalado? Vice Chairman Plummer: He votes, yes. Mr. Foeman: Commissioner Gort? Commissioner Gort: Yes. Mr. Foeman: Vice Chairman Plummer. Vice Chairman Plummer: Yes. 54 April 14, 1998 An Ordinance entitled - AN ORDINANCE AMENDING SECTIONS 2-33 AND 2-34 OF THE CODE OF THE CITY OF MIAM1, FLORIDA, AS AMENDED, TO PROVIDE THAT ANY COMMISSIONER WHO SO DESIRES MAY BE A SIGNATORY ON CITY OF MIAMI PROCLAMATIONS, AND FURTHER PROVIDING FOR A CEREMONIAL HEAD OF CITY GOVERNMENT IN THE EVENT OF A VACANCY IN THE POSITION OF MAYOR, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of March 24, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11642. 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. ---------------------------------------------------------------------------------------------------------------- 19. APPROVE SECOND READING ORDINANCE: ESTABLISH FOUR REVENUE FUNDS: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) / HOME INVESTMENT PARTNERSHIPS (HOME) / EMERGENCY SHELTER GRANT (ESG) / HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) -- FURTHER APPROPRIATE $3,000,000. FROM COMMUNITY DEVELOPMENT PROGRAM INCOME AND $200,000 FROM ESTIMATED HOME PROGRAM INCOME -- FOR TOTAL APPROPRIATION OF $28,608,000. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 19 is a second ordinance. Commissioner Hernandez: Move it. Vice Chairman Plummer: Moved by Hernandez, and seconded by Gort. Commissioner Gort: Are we approving...? Vice Chairman Plummer: We are approving all of these difference of new revenue funds for titles listed in the ordinance. Read the ordinance. 55 April 14, 1998 Mr. Joel E. Maxwell, Esq. (Interim City Attorney): This is 19. Vice Chairman Plummer: Nineteen. Vice Chairman Plummer: Motion understand. The CDBG monies will p.m. be disturbed... distributed and discussed this evening, after six Vice Chairman Plummer: Call the roll. An Ordinance entitled - AN ORDINANCE ESTABLISHING FOUR (4) NEW SPECIAL REVENUE FUNDS UNDER THE FOUR TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR THE OPERATION OF EACH OF THE FOUR (4) NEW SPECIAL REVENUE FUNDS IN THE AMOUNTS SPECIFIED AS FOLLOWS: COMMUNITY DEVELOPMENT BLOCK GRANT (TWENTY FOURTH YEAR) - $12,655,000, HOME INVESTMENT PARTNERSHIP (HOME) GRANT - $4,520,000, EMERGENCY SHELTER GRANT (ESG) $501,000; AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT - $7,732,000; AS APPROVED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); FURTHER APPROPRIATING THE SUM OF $3,000,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME TO BE ALLOCATED AS FOLLOWS: $1.5 MILLION FOR THE HOUSING REHABILITATION LOAN PROGRAM; $1.4 MILLION FOR MIAMI CAPITAL DEVELOPMENT INC. REVOLVING LOAN FUND PROGRAM AND $100,000 FOR BUILDING DEMOLITION ACTIVITIES; FURTHER APPROPRIATING THE SUM OF $200,000 FROM ESTIMATED HOME PROGRAM INCOME FOR A TOTAL APPROPRIATION OF $28,608,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of March 10, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Hernandez, 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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11643. 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. 56 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 20. APPROVE FIRST READING ORDINANCE: AMEND CODE -- CREATE BROWNSFIELD ADVISORY BOARD (BAB). Vice Chairman Plummer: Item 20. First reading of an ordinance... Commissioner Gort: Creation Brownsfield. Vice Chairman Plummer: ...for Brownsfield Advisory Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort... Commissioner Hernandez: Second. Vice Chairman Plummer: ... seconded by Hernandez. Mr. Goenaga, you have nothing to say on this item, thank God. Read the amendment. Read the ordinance. Vice Chairman Plummer: Call the roll. An Ordinance entitled - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND ESTABLISHING THE BROWNFIELDS ADVISORY BOARD ("BAB") AND SETTING FORTH AND/OR PROVIDING FOR: PURPOSE, COMPOSITION OF MEMBERSHIP, TERMS OF OFFICE, QUALIFICATIONS, DISQUALIFICATION, FILLING OF VACANCIES, SUPPORT PERSONNEL, FINANCIAL DISCLOSURE, FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. 57 April 14, 1998 was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 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 Hernandez: Chairman Plummer. Vice Chairman Plummer: Would you give Mr. Goenaga Cuban coffee with a sleeping pill in it, please? Vice Chairman Plummer: Item 20. I am sorry. Commissioner Hernandez: Before you move on, just for the record, before we close today. I would like item four, the gentleman is here present with us. Vice Chairman Plummer: All right, we will take it up before sir, before. Commissioner Hernandez: And we will take it. Vice Chairman Plummer: OK. Vice Chairman Plummer: Item 21. Commissioner Gort: It was pulled. Commissioner Hernandez: Pulled. Vice Chairman Plummer: Twenty-one was pulled by the Manager? Mr. Jose Garcia -Pedrosa (City Manager): Yes. Vice Chairman Plummer: Oh, I am sorry. Where am I? I was lost. 58 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 21. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "BLUE RIBBON TASK FORCE" -- APPROPRIATE FUNDS ($21,500) CONSISTING OF DONATION FROM TASK FORCE. Commissioner Gort: Item 22. Vice Chairman Plummer: Item 22. Commissioner Hernandez: Move it. Commissioner Gort: Second. Vice Chairman Plummer: Moved by Hernandez, seconded by Gort for the Blue Ribbon Task Force. The revenue fund for the money of the Blue Ribbon. Read the ordinance. Vice Chairman Plummer: Call the roll. An Ordinance entitled - AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "BLUE RIBBON TASK FORCE" AND APPROPRIATING $21,500 FOR THE OPERATION OF THE FUND, CONSISTING OF A DONATION FROM THE BLUE RIBBON TASK FORCE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID DONATION AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Hernandez, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 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. 59 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 22. APPROVE FIRST READING ORDINANCE: AMEND SECTION 2-33(e) OF CODE -- REQUIRE CITY MANAGER TO REVIEW AND RECOMMEND TO COMMISSIONERS PRIOR TO CITY COMMISSION MEETING ON ALL POCKET ITEMS HAVING FISCAL IMPACT. Vice Chairman Plummer: Item 23. Commissioner Gort: Move it. Commissioner Hernandez: Second. Vice Chairman Plummer: Move by Gort, Seconded by Hernandez. Mr. Manuel Gonzalez-Goenaga: One comment. Vice Chairman Plummer: Oh, oh. Mr. Gonzalez-Goenaga: We have a lot of... Vice Chairman Plummer: Your name and address for the record. Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, 2469 Southwest 14th Street. Pocket items. That's money in the pockets because normally, big things come here before this Commission so I will not be able to speak at seven o'clock, eight o'clock at night with big deals and you people should know. And then, I am not allowed to go in front of Marta Flores to explain what's going on in this town. Vice Chairman Plummer: Mr. Goenaga, have a seat. Mr. Gonzalez-Goenaga: Thank you. Vice Chairman Plummer: Do not use any... I am going to tell you right now, sir. Don't use people's names unless it directly affects the item. If not, sir, you are going to be out of order. Mr. Gonzalez-Goenaga: Let me tell you, it does really affect because when things are said in those radio stations and other things are said here. Vice Chairman Plummer: We understand each other? Mr. Gonzalez-Goenaga: I... We want the truth, the truth, and nothing but the truth. Commissioner Gort: Mr. Goenaga... Vice Chairman Plummer: So help you, God. Mr. Gonzalez-Goenaga: Thank you. Commissioner Gort: Mr. Goenaga, I don't you know if you understood what the motion was, but the motion was that any pocket item that would come in front of this Commission... 60 April 14, 1998 Vice Chairman Plummer: He doesn't care. Commissioner Gort: ... that would have financial influence... Vice Chairman Plummer: Read item 23. Commissioner Gort: ... a relation be passed by the Manager, first. Vice Chairman Plummer: Call the roll. An Ordinance entitled - AN ORDINANCE AMEDNING SECTION 2-33(e) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REQUIRE THAT ALL POCKET ITEMS WHICH HAVE A FISCAL IMPACT ON THE CITY BE REVIEWED BY THE CITY MANAGER WHO SHALL MAKE A WRITTEN RECOMMENDATION TO THE CITY COMMISSION ON EACH SUCH ITEM PRIOR TO ITS CONSIDERATION BY THE COMMISSION; CONATINING A REPEALER PROVISION AND A SEVERABILITY CLASUE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 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. Vice Chairman Plummer: Inspite of Mr. Goenaga, I would like to welcome Martha Flores to our Commission meeting this morning. It's nice to have you here. 61 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 23. CONTINUE CONSIDERATION OF AGENDA ITEM 24 (PROPOSED FIRST READING ORDINANCE: AMEND CHAPTER 2 SECTION 2-211 OF CODE REQUIRING CERTIFICATE OF SALE ISSUED PRIOR TO SALE OF FAMILY RESIDENTIAL) TO MEETING OF APRIL 28, 1998. ---------- ----------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 24. Moved by... Hello? Commissioner Regalado: Me. Commissioner Hernandez: I need... I need some clarification on this. Commissioner Regalado: Yeah. Vice Chairman Plummer: Well, let's get it on the agenda, if not, there is no discussion on it. Is anybody moving it? Mr. Jose Garcia -Pedrosa (City Manager): This is one of our budget solutions from the last meeting. Commissioner Gort: Well... Vice Chairman Plummer: I understand that. You want discuss it without making a motion or anything? Commissioner Hernandez: I would like to discuss it prior. Vice Chairman Plummer: All right. Mr. Gort first, then Mr. Hernandez. Commissioner Gort: Let me tell you why I would like to defer this, and once again, I have been trying to get the real estate to get together with our staff and see how we can put this on. Vice Chairman Plummer: All right. Commissioner Gort: I don't think one hundred dollars ($100) will really bring that much revenue to the City of Miami. My understanding is... I have got a lot of calls from the industry where they are having a problem with this. I have had a meeting with the industry where maybe they can do the inspection themselves. This is additional inspections that we are going to have. So... Vice Chairman Plummer: Move to defer. Is there a second? Commissioner Regalado: But, but... Excuse me. That's... that's Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Continue? Commissioner Regalado: ... in the budget that we approved. Mr. Pedrosa: We'll bring it back at your... Could we do it on the 28th? Vice Chairman Plummer: Yep. 62 April 14, 1998 Commissioner Gort: Twenty-eight. Vice Chairman Plummer: Yep. Mr. Maxwell: Continue to the 28th? Vice Chairman Plummer: Mr. Hernandez, do you wish to speak to the issue even though it's moved for deferral? Commissioner Hernandez: No, if... If it's deferred, I'll second it. Vice Chairman Plummer: OK. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: The motion is to continue until the 28th of April. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 98-356 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM 24 (PROPOSED ORDINANCE TO AMEND THE CODE TO REQUIRE A CERTIFICATE OF SALE ISSUED PRIOR TO SALE OF SINGLE FAMILY RESIDENTIAL OR TWO-FAMILY RESIDENTIAL PROPERTIES WITHIN THE CITY OF MIAMI) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR APRIL 28, 1998. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 63 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 24. DEFER CONSIDERATION OF AGENDA ITEM 25 (PROPOSED FIRST READING ORDINANCE: AMEND SECTION 54-3 OF CODE REQUIRING ADVANCE NOTICE OF TEMPORARY STREET CLOSURES FOR PERMIT ISSUANCE) TO SCHEDULED MEETING OF APRIL 28, 1998 -- DIRECTIVE TO INFORM COMMISSIONERS OF TEMPORARY STREET CLOSURES IN THEIR RESPECTIVE DISTRICTS. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 25. Commissioner Regalado: Mr. Chairman. Vice Chairman Plummer: Yes. Item 25. Commissioner Regalado: I... Vice Chairman Plummer: All right. Hold on. Commissioner Regalado: I would support this ordinance except that I think... I think that first of all, it is the City Commission, the body that should approve any street closing because we will get the complaints from people that will be affected. Now as to the 30 days notice, I don't know, because... For instance, you have an ad agency that wants to, like the other day, film a commercial in the Shenandoah area and they look for the long term weather patterns and when they see a window they go and apply for a permit. You cannot look for long-term weather patterns in 30 days. It is... it is impossible to make this a law because otherwise we are going to lose a lot of business. I will tell though, that I think that the City Commission should decide or should be advised and vote on any street closures because of any special events. Vice Chairman Plummer: What are you recommending? Commissioner Regalado: I am recommending to change this ordinance to... Vice Chairman Plummer: To what? Commissioner Regalado: I am sorry? Vice Chairman Plummer: Change it from 30 days to a lesser amount? Commissioner Regalado: To a lesser amount and, and... Vice Chairman Plummer: What is the lesser amount? Commissioner Regalado: The lesser amount will be a week. Mr. Jose Garcia -Pedrosa (City Manager): Let's, let's... May I just remind the Commission there are dozens of these things? This is a very, very common occurrence... Vice Chairman Plummer: How about ten days? Mr. Garcia -Pedrosa: No, no. The issue is not just the... 64 April 14, 1998 Commissioner Regalado: No, I know what he is saying. What he is saying is, we don't have the time in the City Commission. But what I am saying here, OK, maybe we don't need to vote on it but any Commissioner should be notified if in his district any street should be closed. So when, when we get phone calls in the office, then we will know what's going on. Vice Chairman Plummer: OK, and I also assume that the cost of notification is paid by the applicant? Vice Chairman Plummer: Well, then this ordinance is no good. The cost of the City to notify the people that are affected should be borne by the applicant, absolutely. Mr. Garcia -Pedrosa: You have to... Vice Chairman Plummer: Hey, I mean, you know... Mr. Garcia -Pedrosa: I think what you would be instructing us to do is to get the money and then we give the notification. Vice Chairman Plummer: Absolutely. Mr. Garcia -Pedrosa: That's the only way we are sure people get notified. Vice Chairman Plummer: Absolutely. Mr. Kay: Yeah, that's right. Vice Chairman Plummer: OK, and let's... Mr. Maxwell: How can you be sure they are... because you have got residents, not just the property owners. How can you do that? Commissioner Regalado: We can do it through the NET (Neighborhood Enhancement Team) Office. I mean, we have offices... Vice Chairman Plummer: Let's show it for ten days. Ten days. Mr. Maxwell: Mister... Vice Chairman Plummer: Mr. City Attorney. Mr. Maxwell: There are some other problems that we... as we discussed it we saw, we both saw as well, and that is when you say owners and residents. Residents would include, of course, rentals or anybody who happen to occupy the property. And it's very difficult to ascertain that in neighborhoods. I mean, you may have transient people to prove that you have actually given the occupant of a particular dwelling notice is a very, very difficult thing to do when you are not just dealing with the property owner. Vice Chairman Plummer: OK, what are you recommending, sir. Hello? Mr. Garcia -Pedrosa: Perhaps... Vice Chairman Plummer: All right, the motion is to defer until the next meeting to get all these items straightened out. Is there a second? 65 April 14, 1998 Commissioner Regalado: I will tell you that, I will tell you that if this affects a commercial area, then the City is able to notify. If it affects a residential area then the Commissioners of that district should be notified and... and the Commissioners will do whatever they think is necessary to get to those people. Commissioner Gort: No problem, yeah. Vice Chairman Plummer: All right, so... Commissioner Hernandez: Mr. Chairman, I would like to defer this item. Vice Chairman Plummer: The motion... Commissioner Regalado: So it doesn't have to be... It doesn't have to be included, a notification. Vice Chairman Plummer: The motion is to defer. The motion is continued until the 28th of April. We are not really accomplishing much when we continue to do that, but... All in favor of the deferral, say "aye.": The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show unanimous. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 98-357 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 25 (PROPOSED ORDINANCE TO AMEND CODE TO REQUIRE NOTIFICATION TO ADJACENT BUSINESS, PROPERTY OWNERS AND RESIDENTS AT LEAST 30 DAYS IN ADVANCE OF ANY TEMPORARY STREET CLOSURE): FURTHER DIRECTING THE MANAGER TO ADDRESS PROBLEMS ASSOCIATED WITH THIS PROPOSAL, AS DISCUSSED DURING TODAY'S MEETING AND COME BACK WITH A MODIFIED VERSION OF SAID ORDINANCE AT THE NEXT COMMISSION MEETING, PRESENTLY SCHEDULED FOR APRIL 28, 1998. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 66 April 14, 1998 NOTE FOR THE RECORD: At this point, Item 26 was tabled for ater in the afternoon. Vice Chairman Plummer: Item 26, Interamerican car... Wait a minute, the Mayor wanted to speak to this issue. I'll call him down for this afternoon. We'll hold this item until this afternoon for the Mayor wishes to speak on it. ---------------------------------------------------------------------------------------------------------------- 25. APPROVE PURCHASE OF EMERGENCY MEDICAL CARE VEHICLES -- FOR FIRE -RESCUE -- ALLOCATE $1,010,000.00 FROM CIP PROJECT 313233, ACCOUNT CODE 289401.840. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 27. Mr. Jose Garcia -Pedrosa (City Manager): This is part of the two point four million dollars ($2,400,000). Vice Chairman Plummer: All right, this is the one that I would ask for the privilege and hand the gavel to Mr. Gort to make the motion for the new, eight new rescue trucks, and I so move item 27. Commissioner Hernandez: Second. Commissioner Gort: Its been moved and seconded. Is there any discussion? Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: Yes, of the very few things of cars and vehicles that I am in favor is for the Fire Department, because it deals directly with the medical care of the citizens of Miami. And let me tell you, we are getting sicker and sicker every day, and I am in full favor because they... people say that I always criticize everything here. No, I might needle you, Commissioners, and I criticize the Police with facts. But with the Fire Department, remember that they get in when the rats leave the places. So I have my greatest respect for, for the ... for the Fire Department. I cannot say the same thing for the Police Department with strong reasons. Vice Chairman Plummer: Call the roll. Commissioner Gort: Thank you, sir. Is there any further discussion? Being none, call the call. Call the roll. 67 April 14, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-358 A RESOLUTION APPROVING THE PURCHASE OF EIGHT (8) NEW EMERGENCY MEDICAL CARE VEHICLES FROM AERO PRODUCTS CORPORATION, FOR THE DEPARTMENT OF FIRE -RESCUE, UNDER MIAMI- DADE COUNTY CONTRACT NO. 5472-4/01-OTR, SUBJECT TO APPROVAL OF ADDITIONAL ONE (1) YEAR EXTENSIONS BY MIAMI-DADE COUNTY, IN AN AMOUNT NOT TO EXCEED $1,010,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313233, ENTITLED "FIRE - RESCUE NEW APPARATUS ACQUISITION" A COUNT CODE 289401.840, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: To my colleagues, I want to let you know that I have asked and will receive from the Fire Department the list... As you know, assuming that we pass the fire -fee that has been a compromise that will give us approximately four million dollars ($4,000,000) a year for five years. We will be discussing the fire fee at the next meeting. I will have a full blown... items of what would be ordered by the Fire Department, assuming we pass that fee. Remembering that in the fire -fee which is a misnomer, it will be all monies dedicated for the improvements of Capital Improvements, mostly equipment. So I just want you to know that I will have that ready for you, in advance of the meeting. NOTE FOR THE RECORD: List of Fire Department needs available at the next fire -fee meeting. 68 April 14, 1998 ------------------------------------------------------- -------------------------------------------------------- 26. AUTHORIZE REQUEST FOR PROPOSAL (RFP) -- FOR EMERGENCY MEDICAL TRANSPORTATION BILLING AND / OR COLLECTIONS SERVICES -- FOR FIRE -RESCUE. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 28 to go to the qualified firms to provide a medical billing. Commissioner Hernandez: Moved. Vice Chairman Plummer: Moved by Hernandez, seconded by Gort. Anyone wishing to discuss the issue? All in favor say "aye." The Commission (Collectively): Aye. Mr. Manuel Gonzalez-Goenaga: I am. I have a... Vice Chairman Plummer: Opposition? Vice Chairman Plummer: Aye. My God. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 98-359 A RESOLUTION WITH ATTACHMENT (S), AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP), IN SUBSTANTIALLY THE ATTACHED FORM, SEEKING QUALIFIED FIRMS TO PROVIDE EMERGENCY MEDICAL TRANSPORTATION BILLING AND/OR COLLECTIONS SERVICE FOR THE DEPARTMENT OF FIRE -RESCUE. (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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Mr. Gonzalez-Goenaga: No, no, you see, if you would have paid attention to me many of the things that have happened in Miami would have never happened. So its... And remember, Mr. Plummer, we are the owners of the City, the citizens. Vice Chairman Plummer: They would have been worse. 69 April 14, 1998 Mr. Gonzalez-Goenaga: And you don't give a damn. I know that what you don't want to hear us, because we are telling the truth, most of the time. Vice Chairman Plummer: All right, sir. Mr. Gonzalez-Goenaga: Even the fools are right, sometimes. Remember that. Vice Chairman Plummer: You qualify that. Mr. Gonzalez-Goenaga: Why do we, if we have such an expertise in billings and information technology, why do we have to go out and seek billing? Vice Chairman Plummer: Mr. Fire Chief would you give him a brief answer why, please? Mr. Gonzalez-Goenaga: Yes. Fire Chief Gimenez: The reason is that medical billing is a specialized type of billing. Commissioner Gort: Very specialized. Fire Chief Gimenez: They need to have... They need to have the contracts with Medicare. Vice Chairman Plummer: Thank you, Chief. Any other further questions? Mr. Gonzalez-Goenaga: They are specialized just like lawyers billing? Vice Chairman Plummer: You heard what the man said, now you want to argue? Mr. Gonzalez-Goenaga: Well, with the Fire Department I... I defer. Vice Chairman Plummer: You respect them. Mr. Gonzalez-Goenaga: I respect them. Vice Chairman Plummer: I thank you, sir. OK, here we go. Commissioner Hernandez: Mr. Chairman. Vice Chairman Plummer: Item 28. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? Show none. I am showing a unanimous ballot. NOTE FOR THE RECORD: Item 29 was deferred for Commissioner Teele. Vice Chairman Plummer: Twenty-nine is deferred... Commissioner Hernandez: Mr. Chairman. 70 April 14, 1998 Commissioner Gort: Why? Vice Chairman Plummer: ... until Mr. Teele arrives. He asked that that be held. 27. (A)APPROVE SALARY AND BENEFITS FOR NEW CITY ATTORNEY (ALEJANDRO VILARELLO). (B)APPROVE SEVERANCE PAY FOR SIX MONTHS FOR CITY ATTORNEY (ALEJANDRO VILARELLO) -- SEE LABEL 48. Vice Chairman Plummer: Mr. Hernandez. Commissioner Hernandez: Item 42 which deals with the compensation package for the new City Attorney. Vice Chairman Plummer: Item what number? Commissioner Hernandez: Forty-two, and I'll... Vice Chairman Plummer: Item 42, you wish to take that up out of order? Commissioner Hernandez: Yes, and I'll tell you why. Vice Chairman Plummer: So be it. Commissioner Hernandez: We have a situation... Vice Chairman Plummer: I appointed you as a chairman of a committee and Mr. Pedrosa and Mr. Maxwell. Would you like to make your report very quickly, sir? Commissioner Hernandez: Yes. You have a City Attorney benefits survey in 1998. You have a chart that has... includes in the last column the proposed benefit package and salary for the new incoming City Attorney. Vice Chairman Plummer: All right, sir. Commissioner Hernandez: There is a cross-reference, a comparison of what they make in Miami, Coral Gables, Miami Beach, Hialeah, Dade County and then the proposed salary with the benefits underlined. Do you have that chart? Vice Chairman Plummer: The only question I have is, is the question asked by the Mayor, and that's in reverence to... In reverence... in regards to severance. Commissioner Hernandez: I have been under type of severance. Vice Chairman Plummer: That's correct. I have been told that the Mayor was against any Commissioner Hernandez: My position is, and what I would like to bring before this Commission is, that I think it's only fair if we have given severance to other City Attorneys as well as City Managers that why should we not consider a severance package for the incoming City Attorney. 71 April 14, 1998 Vice Chairman Plummer: Well, I am not going to argue because you know I have always voted against severance for all people. You know to me job security is a job well done. You don't need severance. So that's... It's up to you. I will not vote for severance and it's not because the Mayor is my friend, but I have just never voted for severance. I think it's wrong. Commissioner Hernandez: No, I understand that. I think, you know, the City Attorney, the outgoing City Attorney was given six months plus two years of insurance benefits. The City Manager, the former City Manager was given what I see tantamount as a three-year severance package, and then you have the present City Manager that has a one-year severance package. Vice Chairman Plummer: All right. All right. For the... How do I handle this, Mr. Attorney when you know... ? I know a motion is all right and everything, but I want to make sure that the public understands and that the media, I know, are going to be scrambling. Do they have a copy of this? Mr. Joel E. Maxwell, Esq. (Interim City Attorney): I don't believe so, sir. You may want to read this into the record. Vice Chairman Plummer: All right. Well, you will make copies available for the media as well as any member of the public who wish it. Basically... Commissioner Hernandez: Chairman Plummer, I'll tell you what. Vice Chairman Plummer: Briefly. Give me a brief, brief synopsis. Commissioner Hernandez: The synopsis goes as this. Annual salary, as you can tell on the top, one hundred and... and twenty-five thousand dollars ($125,000) Vice Chairman Plummer: OK. Commissioner Hernandez: Vacation 25 days. Vice Chairman Plummer: OK. Commissioner Hernandez: Sick leave 25 days. This goes pretty much commensurate with what the Manager has, and you have the Category One Chart in the back also. One and a half days per month, personal days, holidays 11 days per year. Going to the health benefits, you have... without a 90-day waiting period it falls into the Category One which is what is afforded the Commissioners, the City Manager, the City Clerk and the City Attorney. The life insurance policy also falls under Category One which is afforded, no whole life, but what is afforded the rest of the Commission as well as the Clerk and the City Attorney. Vice Chairman Plummer: All right. Does any member of the Commission have any question? Anyone got a motion? Commissioner Hernandez: I... I will tell you this since... Vice Chairman Plummer: Moved by Hernandez. Seconded by Regalado. Commissioner Regalado: No, no. One second. Vice Chairman Plummer: No. 72 April 14, 1998 Commissioner Regalado: Yeah, I'll second it. I don't have a... Vice Chairman Plummer: Seconded by Regalado. Under discussion. Commissioner Regalado: I don't have any problem in seconding. I spoke to the new City Attorney, he believes that, like Commissioner Hernandez says that every high City Official has a severance pay and he is entitled. He's... He doesn't have a problem with six months of severance pay, although he wishes to have the year. Vice Chairman Plummer: Sure. Commissioner Regalado: So whatever the Commission... Vice Chairman Plummer: He would prefer five, but... Commissioner Regalado: No, I mean, you know. But I am saying that he, you know, we want to make sure that the people of Miami understand that he's coming here not for the money and that he really wants... Vice Chairman Plummer: What's he coming here for? The headache. Commissioner Regalado: ... to do the job, and you know... Vice Chairman Plummer: Where's your resolution? Commissioner Regalado: ... he, like any other official, he wants to have a decent salary and a package, but he's not going to argue about six months or one year severance. Vice Chairman Plummer: Mr. Hernandez, could I ask you to do me a favor so, and I don't want to look bad? Would you please make the motion for everything but the severance pay and take that up in a separate motion? Would you have any problem with that, sir? Commissioner Hernandez: I have no problem with that. Vice Chairman Plummer: OK. So the first motion is... Commissioner Gort: Let me ask a question? Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Is there any particular reason why we have got to have this before lunch or...? Commissioner Hernandez: Yes, and the reason is, number one, there is a City of Hialeah Commission meeting today which he has to be present. Today is his last day as City Attorney... Commissioner Gort: OK. Commissioner Hernandez: and he is requesting, if it was possible, that we take it before lunch. Commissioner Gort: OK. Commissioner Hernandez: He has to go back to Hialeah. 73 April 14, 1998 Vice Chairman Plummer: He doesn't know whether to turn in his resignation or not. Commissioner Gort: The reason being is that I wanted Commissioner Teele to be here for this. Vice Chairman Plummer: OK, the motion... Commissioner Hernandez: I have no problem with that if... Vice Chairman Plummer: The motion. Commissioner Hernandez: Do we need him here present? No, we don't need him present. Vice Chairman Plummer: He's here. Commissioner Hernandez: I know he's here, but we need to ask questions of him? Vice Chairman Plummer: Let me tell you, as I tell everybody. If you have got an item before this Commission, you better be here. Commissioner Gort: Now, let met ask you as a courtesy. Commissioner Teele is the... so far he has been sort of the head of the Legal Department and, you know, I would like for him to be here, if possible for this vote. Commissioner Hernandez: I have no problem with that, but he appointed me... Commissioner Gort: Teele. Commissioner Hernandez: ... to be part of the committee. Commissioner Gort: Oh, OK. Well, I... You're right. You are the chairperson. OK, never mind. Go ahead. Commissioner Hernandez: He handed that over to me. Vice Chairman Plummer: OK. So the motion is, is for the entire package excluding severance pay. Motion made by Hernandez, seconded by Gort. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous? 74 April 14, 1998 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-360 A RESOLUTION WITH ATTACHMENT(S), SETTING FORTH AND AUTHORIZING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY ATTORNEY ALEJANDRO VILARELLO. (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 Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: Now motion for severance pay of six months made by Hernandez, seconded by Gort. Commissioner Hernandez: No, I made a one year severance. Commissioner Regalado: No, no. Vice Chairman Plummer: You made it one year severance? Mr. Jose Garcia -Pedrosa (City Manager): One year. Commissioner Hernandez: One year. Commissioner Regalado: And I, I suggested six months. I did not make a motion. I am just... Commissioner Gort: Six months. Vice Chairman Plummer: Six months is what's going to fly, OK? You want to push it? Commissioner Regalado: I am just telling you... I don't know... Commissioner Hernandez: Nine months. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): J.L. Vice Chairman Plummer: All right. Commissioner Hernandez: That's all right. That's all right. Six months. I'll change my motion to six months severance. 75 April 14, 1998 Vice Chairman Plummer: All right, it's six months. There is a motion for six months severance made by Hernandez, seconded by Gort. And for reasons that I have previously always referred to on severance pay, I will be negative on my vote. Mr. Clerk, call the roll please. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 98-361 A RESOLUTION SETTING FORTH AND AUTHORIZING THE SEVERANCE PAY TO BE RECEIVED BY CITY ATTORNEY ALEJANDRO VILARELLO. (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 Vice Chairman J.L. Plummer, Jr. Commissioner Humberto Hernandez Commissioner Tomas Regalado NAYS: ABSENT: None. Commissioner Arthur E. Teele, Jr. [Note: Although Commissioner Plummer voted "yes" during roll call, he clarified prior to and after the roll call that he intended to vote negative on the motion.] Vice Chairman Plummer: Mister... Commissioner Hernandez: There is a part two, to item 42. Commissioner Regalado: We voted, yes. Vice Chairman Plummer: What is the part two? Commissioner Hernandez: Part two is restitution to our Interim City Attorney for the time period. Vice Chairman Plummer: He wants to bring that up this afternoon. Mr. Maxwell: Not unless you want to address it now. Vice Chairman Plummer: He is not prepared yet. Commissioner Hernandez: Do you want to take it in the afternoon? It's up to you. Mr. Maxwell: Yeah, we can take it up first thing after lunch. Commissioner Hernandez: OK. Fantastic. Vice Chairman Plummer: Well, don't tell him something, and tell me different. 76 April 14, 1998 Mr. Maxwell: No, no, no. I was asking, but we had discussed it earlier... Vice Chairman Plummer: Well to hell with him, man. Mr. Maxwell: ... but if the Commission wants to take it up now... If you want to take it up now, that's fine with me. Commissioner Hernandez: It was part... It was part two of item 42. We are on a roll. Vice Chairman Plummer: On what? On the severance I voted no. Mr. Walter J. Foeman (City Clerk): You need to state it on the record, Commissioner. Commissioner Gort: You voted yes. Commissioner Regalado: No, you said yes. Vice Chairman Plummer: No, I didn't. I voted no. Commissioner Gort: You voted yes. Commissioner Regalado: You said yes. Vice Chairman Plummer: You are not listening. I want a translator. Mr. Maxwell: After lunch. ---------------------------------------------------------------------------------------------------------------- 28.GRANT TEATRO MARTI OWNER (NESTOR CAPOTE) THIRTY DAY EXTENSION TO FULFILL LOAN PAYMENTS TO MIAMI CAPITAL. ---------------------------------- ----------------------------------------------------------------------------- Vice Chairman Plummer: OK, item four, reverting back this morning, Teatro Marti. Item four. Excuse me, for the record, any items beyond, what was that item, the last one? Commissioner Hernandez: Twenty-eight. Vice Chairman Plummer: Twenty-eight was the last we did? Commissioner Regalado: Mr. Chairman. Vice Chairman Plummer: OK. Any items beyond twenty-eight will be after three o'clock this afternoon. Commissioner Gort: We don't have any... We don't have anything left. Vice Chairman Plummer: We're now on... We are now on item four. Theater Marti. For the record, Mr. Capote, your name and address. Mr. Nestor Capote: [COMMENTS IN SPANISH] Vice Chairman Plummer: Mr. Manager, whatever this item is, has it been before the Manager? 77 April 14, 1998 Mr. Jose Garcia -Pedrosa (City Manager): Yes, sir. Vice Chairman Plummer: OK. All right, are you ready to make a recommendation? Mr. Garcia -Pedrosa: Ah, let's... Let's see exactly what he has in mind. Vice Chairman Plummer: Mr. Capote, please make your request to the Commission through that good looking lady that's standing there with you. Ms. Marilyn Trabello (Mr. Capote's Interpreter): OK, he asked me to interpret what he wants to do here. Vice Chairman Plummer: For the record, his interpreter's name is? Ms. Trabello: Marilyn Trabello. Vice Chairman Plummer: OK. Ms. Trabello: Well, Mr. Capote has been in trouble with Theater Marti for a while now and - I am sorry - for a while now and the City has done a lot of good stuff for him, really has helped a lot. But right now, it's in deep danger. It... It's about to be closed. A lot of you already know about that and it's because Capote had the theater working very bad for the past four years. The reason for this is because the area has gotten very bad. There is a lot of crime. Vice Chairman Plummer: Stop. Ms. Trabello: I am sorry. Vice Chairman Plummer: Until we get a quorum, until I get a quorum, I would ask you to hold. Ms. Trabello: OK. NOTE FOR THE RECORD: At 11:53 a.m., there was not a quorum. Vice Chairman Plummer: Why are all the firemen standing up? Is there a fire somewhere you are going to? Mr. Manager, while we are waiting for a third... We now have a third. Continue please. Ms. Trabello: OK, so what's going on is the... the company, the Miami Capital, right, it has a foreclosure over the theater, and I believe they have all right to do it because the theater haven't paid the taxes for a while now. We went... Vice Chairman Plummer: OK. Ms. Trabello: We went and paid the '95, year '95 of what was missing or what he hadn't paid and now he has been asked to pay '96 and '97 immediately. Once more, I believe they have all the right to do it, but we are asking for a little bit of time to be able to pay at least '96 first. We are holding a marathon this 18th and 19th to be able to get some money and our culture. That's basically what we want. We don't want the City to pay anything for us. We don't want anybody 78 April 14, 1998 to pay anything for us. Except to be able to have some time to raise this money. Now that you guys are really doing something and have been cleaning the area and a lot of things are going on around there, I believe, you are the ones who have been working on that, and I see on the news all the time that it's getting cleaner and cleaner. Maybe the Theater Marti has a better chance to work better, but for that we definitely need a little bit of time, that's basically what we are asking for. Vice Chairman Plummer: Thank you, ma'am. Mr. Manager, your request... your recommendation? Mr. Garcia -Pedrosa: Well, let me just say this, if I may, first? What happened was that Mr. Capote was facing a foreclosure sale in a transaction in which the lender is not the City of Miami. It is Miami Capital. Commissioner Regalado asked me to assist them the day before the sale took place and with some discomfort because the Commission had not really passed on the issue and I felt a little uncomfortable with that. I nevertheless wrote a letter to Miami Capital asking them for a 30-day extension on behalf of Teatro Marti as requested by Commissioner Regalado. The folks at Miami Capital saw fit because this is exclusively within their control to provide a 30-day extension. That extension expires on April 22nd... Unidentified Speaker: Right. Mr. Garcia -Pedrosa: And the reason they are coming before you is that they foresee the possibility and perhaps the probability that by April 22nd they will not have been able to raise all the funds that they need. So they would like for the Commission to instruct me to write another letter to Miami Capital with a similar request and my recommendation would be that... that you do so but with a very narrowly circumscribed time frame. That is to say, we really can't continue to go back to Miami Capital with these requests. That's not... Vice Chairman Plummer: I heard your recommendation. Is there a motion? Commissioner Regalado: Motion. Vice Chairman Plummer: Motion is made by... Commissioner Hernandez: I make a second to it, and I just... Under discussion. Vice Chairman Plummer: Made by Regalado and seconded by Hernandez. Discussion. Commissioner Hernandez: How much money has Miami Capital invested in the taxes? Mr. Ceasar Phillips: Twenty-three thousand four hundred and forty-eight dollars and fifty-nine cents ($23,448.59). Commissioner Hernandez: And that is for '95 and '96? Ms. Trabello: Ninety-seven. Mr. Phillips: Ninety-five, ninety-six and ninety-seven. Commissioner Hernandez: And ninety-seven. Mr. Phillips: There was a tax deed that was issued. Commissioner Hernandez: Correct, that had already been issued. 79 April 14, 1998 Mr. Phillips: So if you don't take care of the deed you know what happens. Commissioner Hernandez: Right. So... Mr. Phillips: The mortgage can be wiped out. Commissioner Hernandez: Right, right. So... Vice Chairman Plummer: You bought them? Commissioner Hernandez: They purchased... Mr. Phillips: No, no. We had... We paid the taxes. Commissioner Hernandez: They paid the taxes so it wouldn't... I mean... Vice Chairman Plummer: Oh. Mr. Phillips: Let me, let me mention, Commissioner so you know. This... Vice Chairman Plummer: You can mention anything you want... Mr. Phillips: OK, OK. Vice Chairman Plummer: ... after you tell us who you are and who you work for. Mr. Phillips: OK, I am sorry. Ceaser Phillips. Ceaser Phillips, executive director of Miami Capital Development, 330 Biscayne Boulevard Way, Dupont Plaza. As you know, this loan was mentioned in your recent HUD (Department of Housing and Urban Development) report. We ended up having to pay the taxes because we would not be exercising due diligence if we would let the mortgage get wiped out by a tax deed. As you know, we have a fiduciary responsibility both to the City and to HUD as it relates to this loan. Vice Chairman Plummer: Are you speaking to the deferral? Mr. Phillips: No, no, I am not speaking to the deferral. Vice Chairman Plummer: OK. Mr. Phillips: OK. Vice Chairman Plummer: I mean the Manager's recommendation? Mr. Phillips: No, I am not. I am really speaking on the other side of the fence to the Manager's recommendation. The only reason that I am to the Commission, we are not doing what we have to do as it relates to HUD, OK. As you know, this loan was made in 1991, originally two hundred thousand dollars ($200,000), two hundred and one thousand dollars ($201,000) again in 1995. I have come... We have come before you and mentioned the fact that there are fire violations exceeding five hundred and sixty-five thousand dollars ($565,000). If you don't... If those are not corrected, you are still not going to be able to operate the theater there. So I mean, we are in a situation where if this is prolonged... I mean, we are not doing what we have to do and we are not taking care of the public... public responsibilities. 80 April 14, 1998 Vice Chairman Plummer: OK. Any further discussion? Commissioner Regalado: I... I would like to say something, and you have mentioned that this, it's included in the HUD report and I would tell you that that HUD report is very troubling for the City. Many of the projects in that HUD report should be investigated. The case of Teatro Marti, Marti Theater, it is a whole area that has gone bad and the City neglected that area in the past. It is the responsibility of the City. This City, this government neglected that area and people did not want to go to the Marti Theater because they were afraid and this is how things began to go bad for Mr. Capote. I remember when Teatro Marti was the place to go. No longer is the case. I think... I think that, you know, the City has to work to do the right thing. But at the same time, you have to work to save the symbols and you have to work to save the spirit of the City, and Teatro Marti is part of the recent history of the City of Miami. I... I know that we have done more than we should legally to help him, but I will tell you that I will be willing to do one last thing for Marti. Vice Chairman Plummer: Any further discussion? Excuse me? Mr. Garcia -Pedrosa: One last thing, how many days? Vice Chairman Plummer: How many days? Commissioner Hernandez: Thirty days. Vice Chairman Plummer: Thirty days. Any further discussion? Hearing none... Commissioner Gort: No wait. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: I think it's important that he understands, because this has been in front of us and I want you to explain this to him. It has been in front of us for the last year, we have been giving extension and he had different... Please let him know. Vice Chairman Plummer: Mr. Gort, I think you ought to tell him that in Spanish so there is no in between. Commissioner Gort: No, no, no. I think it's important. No, my understanding, I have been told by my attorney not to do my own translation. Vice Chairman Plummer: Oh, OK. Then make sure. Ms. Trabello: Umm... OK. Vice Chairman Plummer: Excuse me, let the Manager tell him. Ms. Trabello: OK. Commissioner Gort: OK, Mr. Manager. Vice Chairman Plummer: Let the Manager tell him in Spanish, there is no loss in translation. Ms. Trabello: OK. Commissioner Gort: Mr. Manager... 81 April 14, 1998 Vice Chairman Plummer: You speak Spanish, yes? Vice Chairman Plummer: ... Yeah, Pepeto, dimes. Commissioner Gort: I want you.. that it's important that he understands we have been giving him extensions many times. Mr. Garcia -Pedrosa: [TRANSLATION IN SPANISH TO MR. CAPOTE.] Commissioner Gort: He has come up with different plans, we have worked with him. Unfortunately, those plans have not worked and it's important he understands that the Commission because of the HUD that we have, that we have to apply not only with the City but with the Federal government and the grantee, the grantor. Is that the correct word? For him to understand that the Commission has given him an additional 30 days so he could come up with a plan and make the payments for the taxes and some of the payments that he has to make. Mr. Capote: [COMMENTS IN SPANISH.] Vice Chairman Plummer: Mr. City Manager, is there anything that the gringo needs to know out of that? Commissioner Regalado: He's going to do it. He's going to do it. Mr. Garcia -Pedrosa: That's right. He's got a couple of marathons on the 18th and 19th. He's got Restaurant on the corner, and he's very... Vice Chairman Plummer: Look, very simply, does he realize he's got 30 days and that is... Commissioner Gort: This is the last time. Vice Chairman Plummer: ... the end of the ball game? Mr. Garcia -Pedrosa: [TRANSLATES IN SPANISH TO MR. CAPOTE.] Mr. Capote: [COMMENTS IN SPANISH.] Vice Chairman Plummer: And there is no coming back to this City Commission. Mr. Garcia -Pedrosa: [TRANSLATES IN SPANISH TO MR. CAPOTE.] Mr. Capote: [COMMENTS IN SPANISH.] Mr. Garcia -Pedrosa: Perhaps just to see you because I appreciate very much looking to see you. Vice Chairman Plummer: Yeah, well, I am in the funeral business, so make sure you understand that. Mr. Capote: [COMMENTS IN SPANISH.] Vice Chairman Plummer: Motion understood. Call the roll. Mr. Phillips: May I make a comment? 82 April 14, 1998 Vice Chairman Plummer: Yes, sir. You sure may. Mr. Phillips: Mr. Capote, he came to us and said he was having some benefit on the 4th and 5th of April and he would get back in contact with us. You know, we have not... Vice Chairman Plummer: But the Commission meeting wasn't until the 14th. Mr. Phillips: No, no, but forget the Commission meeting. Not the Commission meeting. The point was, is that he never came back and he has never said anything. I mean, we are... We are in limbo. Vice Chairman Plummer: Sir, he is now fully aware. Mr. Phillips: OK. Vice Chairman Plummer: All right. Let me tell you something, just for the record. I have voted against this man every time, all right. I would be ready to vote against him this time. But you know why I am going to vote for him, Amen is 30 days, fully understood. Don't come back, there is no more. And I am going to vote for him this time, and if he doesn't do it, then you know what you have got to do, Mr. Manager, you know what you have got to do, and we are going to do it because this is Amen. OK. Commissioner Hernandez: Thank you for the courtesy, Mr. Phillips. Mr. Phillips: OK. That's fine. Vice Chairman Plummer: All right, call the roll. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-362 A MOTION INSTRUCTING THE CITY MANAGER TO REQUEST OF MIAMI CAPITAL DEVELOPMENT CORPORATION, INC. (MIAMI CAPITAL) TO GRANT MR. NESTOR CAPOTE FROM TEATRO MARTI AN ADDITIONAL 30-DAY EXTENSION OF THE DEADLINE TO COME UP WITH LOAN PAYMENT IN CONNECTION WITH MONIES OWED MIAMI CAPITAL AS LATE PAYMENTS FOR OVERDUE DEBT, AS PREVIOUSLY SET BY THE CITY ON JANUARY 13, 1998 BY MOTION NO. 98-46; SAID EXTENSION TO BE THE LAST OPPORTUNITY GIVEN BY THE COMMISSION TO MR. CAPOTE TO COME UP WITH NEEDED FUNDS TO ADDRESS TEATRO MARTI'S CURRENT OBLIGATION, WHICH IS IN ARREARS. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 83 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 29. (A)RECONSIDER AGENDA ITEM PZ-16 FROM MEETING OF MARCH 24, 1998 (PROPOSED FIRST READING ORDINANCE AMENDING ARTICLE 9, SECTION 920.2.2: PARKING MAJOR RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS). (B)RESCHEDULE PROPOSED FIRST READING ORDINANCE AMENDING ARTICLE 9, SECTION 920.2.2: PARKING MAJOR RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS FOR MEETING OF APRIL 28, 1998. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: All right. Now, we are going to be coming back at three o'clock. Does anybody want to take up...? Commissioner Regalado: Mr. Chairman, before... Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Yeah, before we leave. I wanted to ask you and the City Attorney to see if I can bring a motion to reconsider item PZ-16 from the City Commission meeting of March 24, of this year regarding the boats ordinance. What is the...? What is the process that I should follow in order to bring that motion? Because I have... I was told I have to do it today, if not... Commissioner Plummer: I think you do, at the next meeting. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): The first thing that you have to do is, you have to move for reconsideration. If the Commission... If it's a timely motion... Vice Chairman Plummer: All right, there is a motion made to reconsider PZ item 16 from the last Commission meeting. Is there a second? Commissioner Hernandez: Second. Vice Chairman Plummer: Second by Hernandez. Call the roll. Mr. Maxwell: Now it, it will be... Vice Chairman Plummer: Call the roll. 84 April 14, 1998 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-363 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON MOTION 98-316, WHICH HAD PASSED MARCH 24, 1998, DENYING PROPOSED ORDINANCE TO ALLOW STORAGE OF MAJOR RECREATIONAL EQUIPMENT (BOATS, RECREATIONAL VEHICLES) IN FRONT YARDS. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: Now the next item is to reschedule it for the next Commission meeting which is April the 28th. This is in relation to boats and motor homes, front yards, back yards, sideways and ups, and tree houses and everything. Commissioner Regalado: Oh, motor homes too, right? Vice Chairman Plummer: That's right, because mine is legal. They got pictures of mine. They got a bad -bad picture. Call the roll. Hello? Mr. Walter J. Foeman (City Clerk): I need a mover and a seconder on that one. Vice Chairman Plummer: We have it. Mr. Foeman: OK. Commissioner Gort? Vice Chairman Plummer: He said, "yes." Vice Chairman Plummer: Moved by Regalado, seconded by Hernandez. 85 April 14, 1998 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-364 A MOTION TO RESCHEDULE PROPOSED ORDINANCE WHICH WOULD ALLOW STORAGE OF MAJOR RECREATIONAL EQUIPMENT (BOATS, RECREATIONAL VEHICLES) IN FRONT YARDS FOR COMMISSION CONSIDERATION AT THE MEETING PRESENTLY SCHEDULED FOR APRIL 28,1 998. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: OK, now do you all want to...? Come back at three o'clock, OK. And remember to anyone else we have the CDBG (Community Development Block Grant) at six o'clock. So we are going to have a gap in the middle and we'll take up pocket items as well. I thank all of you for being here. Have a nice day. Happy Easter if you are Orthodox, and if you are not, I'll meet you at Maria's Greek Restaurant. What? I can't hear you. Oh, Happy Passover also. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:07 A.M., AND RECONVENED AT 3:01 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONERS TEELE, HERNANDEZ AND GORT. ---------------------------------------------------------------------------------------------------------------- 30. CONTINUED DISCUSSION ON PAYMENTS MADE TO MATTHEW LIEBOWITZ BEYOND $135,000.00 AS OUTSIDE COUNSEL FOR CITY -- FOR CABLE TELEVISION FRANCHISE MATTER -- SEE LABEL 5. Vice Chairman Plummer: We will be starting in four minutes. Mr. Jose Garcia -Pedrosa (City Manager): Commissioner Plummer. Vice Chairman Plummer: Senior. What's your problem? All right, I need a third Commissioner. I don't need a City Manager. Hello? Mr. City Manager. Mr. Jose Garcia -Pedrosa (City Manager): Yes, sir. Vice Chairman Plummer: The item relating to the engagement of an attorney for Cable TV. It was my understanding, the total cost of that was... where he was previously paid thirty-five thousand. 86 April 14, 1998 Mr. Joel E. Maxwell, Esq. (City Attorney): He hasn't been paid anything on that, I don't think. Vice Chairman Plummer: Excuse me. It was allocated for thirty-five thousand. Mr. Maxwell: Correct, yes. Vice Chairman Plummer: And this was an extension of one hundred? Mr. Maxwell: That's correct. Mr. Garcia -Pedrosa: That's correct, sir. Vice Chairman Plummer: The question I have, was there any previous payments to this individual for cable? Mr. Garcia -Pedrosa: Previous to this contract? Vice Chairman Plummer: Would you check that out for me, please? Mr. Garcia -Pedrosa: I will check that out. Yes. Vice Chairman Plummer: It is indicated that probably or possibly there had been other payments to this individual to represent us on cable, and I was not told that, and I want to know because what I was told is maybe what somebody wanted me to hear, and I like to play with a full deck. So I am asking the question, beyond the one hundred and thirty-five thousand was any more money paid to this gentleman for that firm to represent us in negotiations of cable, OK? Mr. Garcia -Pedrosa: I will check on that, sir. Vice Chairman Plummer: I would appreciate it. ---------------------------------------------------------------------------------------------------------------- 31. DIRECTIVE TO CITY MANAGER TO RESOLVE TRAFFIC PROBLEM ON TIGERTAIL AVENUE BY RANSOM EVERGLADES SCHOOL. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: I am still waiting for someone else. Do you want to take some other items, Mr. Manager, while we are waiting? Mr. Garcia -Pedrosa: I don't think you have a quorum. Vice Chairman Plummer: I don't need a quorum. I am going to give you things to do. Mr. Garcia -Pedrosa: OK. Absolutely. Vice Chairman Plummer: NET (Neighborhood Enhancement Team) Office Coconut Grove. You had better do something at Tigertail and the street of Ransom Everglades. At approximately two... three fifteen every afternoon the school moms and dads are lining up to pick up the kids that don't get out until three thirty. Yesterday, traffic was backed up both ways for at least four or five blocks and there were two people that were ready to go at each other over fighting about not being able to travel the street. In the interest of safety and no road rash, I ask you to please 87 April 14, 1998 have someone there to make sure that the matter is resolved in a peaceful way because it was yesterday, ready to go to war. They have got to provide off the street parking because what's happening, is they go there at three fifteen in the afternoon, and when they do, they wait until three thirty and nobody can get down the street. Mr. Garcia -Pedrosa: Absolutely. I will talk to the NET. ---------------------------------------------------------------------------------------------------------------- 32. SECOND READING ORDINANCE: CREATE SPECIAL TAXING DISTRICT FOR ENTRADA NEIGHBORHOOD -- FOR 24-HOUR STATIONARY SECURITY GUARD SERVICE AND INTERIM ROVING POLICE PATROL. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: We now have three. Should we wait for one more or not? We can proceed. Mr. Regalado? Commissioner Regalado: Do you want to do any pocket items or do you want to...? Vice Chairman Plummer: Sir, I... whatever we can do to take up time. Commissioner Regalado: I think that you have in the public several persons that are here for one item only. If you want to go ahead and do that and... Vice Chairman Plummer: Well, we have for item 17 and that's one that I would like to take up as quickly as possible because... Mr. Jose Garcia -Pedrosa (City Manager): Why don't we take up 17 up? Vice Chairman Plummer: All right. Item 17, Mr. Kay is that your item? Mr. Kay, item 17 is your item? Mr. Jim Kay (Director/Public Works): Yes, sir. CA-17... Vice Chairman Plummer: Tell us what you know or what you don't know. Mr. Kay: This item was presented in a prior meeting. There were some details that needed to be ironed out with regard to the Special Taxing District. The district calls for a guard gate on Matterson and a closure at Stuart Avenue, and the issue at hand was... Vice Chairman Plummer: Let me as you a question, are you here in opposition? Mr. Stephen Hefman: Yes. Vice Chairman Plummer: OK, then, go ahead. Mr. Kay: The issue at hand was whether or not we were going to be -- excuse me -- provided with a Deed of Dedication and an Opinion of Title for the property that they were going to dedicate in order to connect both Matterson and Stuart, and so, that is back on the agenda today. I am of the understanding that the City Attorney's Office has the deeds. Vice Chairman Plummer: Well, has the City Attorney's Office got everything they need? 88 April 14, 1998 Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yes, sir, we... Vice Chairman Plummer: I am not asking that. Mr. Maxwell: There is some controversy, of course from the opponents on this. We have been given a warranty deed. We have been given the things we think satisfies the City's requirements and as to whether or not the opponents agree or not, I can't speak to it... Vice Chairman Plummer: OK. Mr. Maxwell: ... but we feel we have been... Vice Chairman Plummer: You have got all that you requested? Mr. Maxwell: Yes, sir. Vice Chairman Plummer: That's the answer. Steve. Mr. Hefman: Yes. Vice Chairman Plummer: For the record, your name, your mailing address... Mr. Hefman: My name... My name is... Vice Chairman Plummer: Wait a minute, this is not considered zoning, is it? Mr. Maxwell: No. Mr. Hefman: No, but it's a public hearing. Vice Chairman Plummer: OK. So you don't have to be sworn in. Go ahead, sir. Mr. Hefman: My name is Steve Hefman. My offices are at 2665 South Bayshore Drive... Vice Chairman Plummer: And you have two minutes. Mr. Hefman: ... and I am... And I'll need a little bit more than two minutes. Vice Chairman Plummer: Maybe three. Mr. Hefman: OK. And I am here on behalf of Mr. and Mrs. Howard Shallen who are my clients. There are other people here, some were here this morning that had to leave. I know that Joyce Freeman, a neighbor is here to speak in opposition to this and I believe a gentleman by the name of David Turner who was here this morning and understood that it was rescheduled will be coming back. There are several issues here related to this taxing district. In order to accomplish the taxing district, you will see that there is a street called West Drive at the top of the map that's projected on the wall. That... that street, West Drive is a private street. In order to... The plan under the taxing district is to actually barricade Stuart Avenue, you see "proposed barricade" there. And what would happen is, is that the traffic that would normally come down Stuart which is a public street would come in on Matterson, go across West Drive, and then come down Stuart. The problem is, is that that's a private street, West Drive. It's never been dedicated to the public. Over a year and a half ago, the residents were made aware of this problem, the residents who are seeking the enactment of this district and told that they were going to have to resolve this problem and there are several memos and letters going back between the City and 89 April 14, 1998 the residents, the petitioners with regard to this issue. As of this morning, the deed which was supposed to resolve this issue had still not yet been delivered to the City. In fact, I was here and saw the original deed this morning at ten o'clock. I have still not seen the deed under which the association or Entrada Corporation intends to transfer this street to the City. I did see a prior deed, a Quit Claim deed that they offered which is entirely unacceptable and the City Attorney's Office rejected it. They were also required to provide an opinion of title, a lawyer's opinion of title that showed that the title to the street was in their ownership and that they had the authority to convey it. The opinion of title on its face is deficient because it describes a legal description which is different than West Drive. When you look at the Opinion of Title which is supposed to establish the ownership of the area being dedicated it says the title is in a company Entrada Corporation and that... and that Entrada has title to the property and they are conveying it. When you look at the deed, the deed is conveying more than West Drive. The deed conveys thirty-five feet including part of the park that you see there. The reason for that is, is that if you scale off West Drive you can't get a thirty-five foot wide dedication as required by the Public Works Department without giving part of the park to accomplish that. Now, so they recognize that and in their deed, the legal description says we are giving you West Drive, we are also giving you part of the park. The problem is... Vice Chairman Plummer: And I'm giving you one more minute. Mr. Hefman: Mr. Plummer, I need far more than one minute. This is a matter that was deferred. Vice Chairman Plummer: Sir, the code says that you are entitled to five, and I'll give you that. So you have got three more minutes. Mr. Hefman: OK. They're.. Vice Chairman Plummer: It's five I think. What's the code say? Mr. Hefman: OK. What I am asking you is, this is a public hearing... Mr. Plummer, I know you want to... Mr. Maxwell: You can set the time. Whatever time you set. Vice Chairman Plummer: Oh, OK. I am informed that I can set whatever time I want, and I am going to give you another two minutes. Mr. Hefman: OK. Vice Chairman Plummer: Will that do it? Mr. Hefman: No. Vice Chairman Plummer: How much time do you need? Mr. Hefman: Ten to fifteen minutes. Vice Chairman Plummer: No way. I'll give you five more minutes total. OK? Mr. Hefman: Mr. Plummer, I... Vice Chairman Plummer: And you will have rebuttal. Mr. Hefman: OK. Now, I know you want to vote on this. I know you want to get it done, but this is a serious... 90 April 14, 1998 Vice Chairman Plummer: No, no, no. You are wrong. We are going to get it done, and I am going to vote on it. Mr. Hefman: OK. OK, I understand that, and you need to afford the other affected people an opportunity to be heard on this matter. We were accommodating... Vice Chairman Plummer: Well, of course we have got a long agenda. Mr. Hefman: We were accommodating at the last hearing to these residents and allowed it to be read on first reading despite major problems with it which we agreed we would raise at this meeting and we need an opportunity to do that, Commissioner. Vice Chairman Plummer: So be it. Mr. Hefman: OK, thank you. They do... They have not delivered to you an Opinion of Title for this property. They are about to convey you part of park and they have not told you who owns that park. You don't know whether they have title to give you that park or not. I will tell you that they don't, in my opinion. I have looked at the title, they cannot convey you the park. The park is a park, it's owned by all the lot owners in the subdivision and Entrada Corporation has absolutely no right to convey the park away. In addition to that, they don't have a right to convey away West Drive. West Drive was dedicated to the lot owners. The... the interest which they claim to have in West Drive came from a Quit Claim Deed. If you read that Quit Claim Deed, which I'll offer into the record, it provides that it is subject to prior dedications made on the plat. The prior dedication made on the plat to West Drive is to the lot owners, the purchasers of the lots creating a private street. The... Entrada Corporation through its Quit Claim Deed does not take full clear title to that lot, they take it subject to, subject to the dedications on the plat. I'll read it to you. This... this is the 1949 deed. "... This conveyance is made subject to the restrictions, easements, dedications and prior dedications shown on said plat referred to above and for the convenience of all the owners of the land in Entrada subdivision..." It goes on and on. It's subject to the prior dedications. The prior dedication on the plat went to all the lot owners. You need the lot owners to sign this deed, they haven't. You do not have a valid deed. You do not have a valid opinion of title. On it's face it doesn't even cover the lands that are being conveyed. NOTE FOR THE RECORD: Commissioner Gort entered the ommission hambers at 3:68 p.m. Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: Mr. Teele. Mr. Hefman: OK, let me move on to... Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Now, for three minutes you have hammered the same point. Mr. Hefman: OK. 91 April 14, 1998 Commissioner Teele: Is it? Would it be fair, Mr. Chairman, to ask our lawyer, I have great respect for their lawyer... Mr. Hefman: Thank you. Commissioner Teele: but our lawyers to advise us? Do we have a legal document that has a title... Vice Chairman Plummer: Mr. Maxwell. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): We have been pre... Commissioner Teele: ... that has any of the deficiencies that counsel is complaining? Mr. Maxwell: Well, that's a matter of opinion as to whether or not the opinions that we have been given... Commissioner Teele: No, no. I don't... I am only interested in one opinion... Vice Chairman Plummer: Yours. Commissioner Teele: ... yours. Mr. Maxwell: First of all, Commissioner, the resolution that you have in front of you would make whatever decision you make today, if it were affirmative subject to their providing the City Attorney's Office with documents acceptable to us. So even if, even if the items were deficient as of this particular moment, it would not move forward to the County until such time as the City Attorney's Office found one, the Opinion of Title to be acceptable and any Warranty Deed that they must provide us also acceptable. Now, we did this morning reject a deed that was sent to us. They have tendered another deed. As far as I know at this particular time, that deed is acceptable, but even if we should find a deficiency subsequent to this meeting or at this particular time, this resolution will not be acted on by the County until such time as, according to the resolution, the City Attorney's Office finds it acceptable. Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: We can move on. I'm... My question hasn't been answered. I asked one question, is the deed before us acceptable to the Law Department? But, just for the record, Mr. Attorney, and I am going to support your resolutions that you put here asking that you be given consideration for the great work you have done. I don't accept your explanation because what your explanation says is, it's all right for your clients to be made a fool of, as long as the legal office isn't. We should not have a document, and I am reminded when I sat on the other side of the table... Unidentified Speaker: He's absolutely right. Commissioner Teele: When the City conveyed the entire Bicentennial Park and reserved the pump station for the County, for itself as opposed to conveying the pump station and reserving the park. Now, all that I am saying is this, it's fine for that explanation to be on the record, but this governmental body should have an opinion that we can rely upon when we vote. When we vote that should be the final decision and that should be the final matter and the legal work in my judgment, respectfully, should already be done. And I don't think it's fair for the Law Office to 92 April 14, 1998 construct, I... I appreciate you protecting the City, but I think that construction should be in a way that it is reviewed before it comes to us, not after it comes to us. Mr. Maxwell: Oh, well... Vice Chairman Plummer: Well, let me ask a dumb question, please? Mr. Maxwell: No, no. May I respond to that? Vice Chairman Plummer: Did I not ask the question, Mr. City Attorney of you that you had all the documents that you needed and required and were in satisfaction? Mr. Maxwell: No, sir. Vice Chairman Plummer: OK, then I misunderstood. Mr. Maxwell: No, no. You have to understand, we have been... we were provided documents as late as, and Commissioner Teele, our office was provided documents as late as this morning in this particular... on this particular item. Mr. Hefman: He's absolutely correct, and it's unfair. Vice Chairman Plummer: All right. Excuse me. I'll get back to you. The clock's not running on you right now, Steve. Mr. Hefman: OK. Vice Chairman Plummer: Mr. Teele, are you finished, for all that it's worth? Commissioner Teele: All that I want to know is, does the Law Department respond that the opinion of the counsel is in error or is correct? Vice Chairman Plummer: Are you prepared to answer? NOTE FOR THE RECORD: Commissioner Gort entered the Commission ambers at 3:17 p.m. Commissioner Gort: Where are we at? Mr. Maxwell: I am. As late as this morning... Vice Chairman Plummer: Seventeen. Mr. Maxwell: ... the document was not acceptable. I was told by my staff that the last document they sent was acceptable. I don't know if anything has changed as we speak, because as I pointed out, they have been sending in documents by the hour today. Mr. Hefman: Literally by the moment. Commissioner... Vice Chairman Plummer: OK, Mr. Teele, are you...? 93 April 14, 1998 Commissioner Teele: I am satisfied, Mr. Chairman. Mr. Hefman: OK. Commissioner Teele: I mean, I understand the situation. Vice Chairman Plummer: Thank you, sir. Mr. Hefman. Mr. Hefman: Yes. Vice Chairman Plummer: The clock is now running on your time again. Mr. Hefman: OK. Mr. Maxwell, you should also know that the Opinion of Title that's been furnished, and I know you haven't gotten it because it is coming in by the minute as we speak after a year and a half of notice, is not in the form required by the City of Miami. It does not contain the general and special exceptions that are mandatory under Section 54.5-8 of the City Code. You don't have the required Opinion of Title in the form you require it. Let me move on from that issue. This taxing district includes a barricaded street. If you will see a proposed barricade at Douglas and Stuart, OK. Unfortunately, nobody has followed the process for barricading the street in the City of Miami. You have a very specific ordinance which many of you are aware of that was a result of the multiple street barricades that occurred over the past couple of years. You adopted an ordinance which is 54-16 which is called "Prohibition of Vehicular Access." It sets forth the way you do a road barricade, OK? None of that has been followed. What is says is, is that the... you recommend to the Dade County Commission whether a road should be barricaded or not after a public hearing is held on that particular issue. It also says that the request must come from the Department of Public Works or the residents within 1,000 feet of the property that's being barricaded. No such petition has been filed by Public Works. I haven't seen an application to this City of Miami for a road closure barricade filed yet, as we are standing here today, by not one person, but yet a thousand people within the area. On top of that, it requires Fire -Rescue, General Services and Police make a recommendation on the barrication at this meeting. I don't see anybody here prepared to do that because no application has been made for it. On top of that, it requires that the people who ask for the barricade have to pay for it. They got to put up the money for it, OK? That's not happening here. You don't see anybody put... stepping forward to pay for this barricade who is not... My client is certainly not paying for it. He didn't apply for this. They are proposing to include my client and other people who have not asked for the barricade to pay for it. Your City ordinance requires the applicants for the barricade, and by the way, nobody has ever applied to pay for it. So that's one major problem with this process. Next issue. You see West Drive, it's about 24 feet wide on that map. You know what the minimum size right-of-way is in the City of Miami for a street in order for you to accept as a public street, even if we had that deed, 50 feet. Your ordinance requires that every street in the City of Miami be a minimum of 50 feet. There is a list of exceptions. They are three pages long. They are found in the subdivision regulations, and guess what? West Drive is not on it. Your ordinance doesn't allow you to take this street. It's only 35 feet that they are proposing. They can't even give you 35 feet because they would have to take the park to do that. But in any event, it's not 50 feet, not even close. Vice Chairman Plummer: Are you finished? Mr. Hefman: Commissioner, I am done. I would like some time for rebuttal. I know that there are two residents here who feel very strongly about this... Vice Chairman Plummer: That will be fine, sir. Mr. Hefman: ... and that they would like to be heard on this also. 94 April 14, 1998 Vice Chairman Plummer: But they will not have, but two minutes. Does the people...? Does the people who want the thing have any comments to make? Mr. Maxwell: I need to point out... Vice Chairman Plummer: All right, Mr. City Attorney. Mr. Maxwell: I just got a call from my office. The attorney that was working on this has advised me that the Opinion of Title was rejected and sent back to Mr. Shapo and that they have not sent to her the amended Opinion of Title. So we do not have an acceptable title. Vice Chairman Plummer: Well, I would assume it would be subject to those documents. Mr. Maxwell: Yes, sir. Vice Chairman Plummer: Of course. Sir, for the record, if you will, state your name and mailing address. Mr. Ronald Shapo: Ronald Shapo, 200 South Biscayne Boulevard. Vice Chairman Plummer: Are you here for a fee, sir? Mr. Shapo: Yes, sir. Vice Chairman Plummer: Have you registered as a lobbyist? Mr. Shapo: Yes, sir, I believe we did prior to... Vice Chairman Plummer: Proceed. You have two minutes. Mr. Shapo: Thank you very much. Vice Chairman Plummer: Maybe three if you are an attorney. Mr. Shapo: Thank you very much. I'll attempt to take less time than Mr. Hefman, but I do think... Vice Chairman Plummer: It would be appreciated. Mr. Shapo: ... it's important for the Commission that I address the issues he's raised. Number one, with regard to the West Drive being a private issue, that is a condition of this entire process. That's what Special Taxing Districts are all about and it is required that West Drive be made public. Your City Attorney has required that and that is why you have received the deed and why you have received the opinion. In addition, it's perhaps a side note, but perhaps an important one, and even for the City Attorney that I am advised that as you probably well know, anytime you have a private road it's required that you block the road off one day per year in order to maintain it as a private drive. I am advised that the people who live there for I guess, decades that that street have never been blocked off the one day a year. So in fact, it may well be that street is a public road as we speak right now even without the deed. But the deed has been furnished. It was furnished. Actually, Mr. Maxwell, yesterday afternoon the second deed was furnished in accordance with the request of Ms. Trely and it was in the form which she had requested. As far as the Opinion of Title is concerned, she had requested... apparently the opinion that went didn't have the exhibit attached, or at least she couldn't find the exhibit 95 April 14, 1998 attached, and I brought that here to give to her not realizing she would not be here, and I mentioned that to Mr. Maxwell prior to the time... Vice Chairman Plummer: OK, we are wasting a lot of time on these documents because anything that is passed here today... Commissioner Gort: Subject to... Vice Chairman Plummer: ... has to be subject to the documents being approved. So I mean, that's... I don't want to waste your time or you to waste ours. Mr. Shapo: OK. Thank you, very much. With regard to the issue about the dedication on the plat, it is correct that there is a dedication on the plat to the purchasers for the use and that is what the title attorneys have focused on, is that it is a dedication of use, and since that deed and I have it here, and it's the only thing I'll read to you, but it's so important, says... The plat says... "The undersigned, the dedicators reserve to themselves the right to make hereafter in their discretion a general dedication of such drives, roads, parks, et cetera." And that's exactly what they did. The file was in 1921 and in 1949 they made the general dedication which now gave the rights to the public and that public right is now being further expanded and made formalized by the deed which has been submitted to your City Attorney and which obviously is subject to their approval. Therefore, what the title attorneys have said and what makes common sense and logic is that there is nothing inconsistent with what is happening now with the 1921 deed for two reasons. Number one, it reserved use, it didn't reserve title, and number two the dedicators explicitly reserved to themselves the right to do what was done in 1949 and what is being done here today. With regard to Section 54.16, and the barricading as your County... as your City Attorney has ruled and again as is common sense and logical, it all requires in 40... 54-16 is a request by the Public Works Department. Mr. Hefman kept referring to an application. There is no requirement for any formality or any application. The Public Works Director was here. The Public Works Director in writing has recommended this to you. That certainly is more than a request. It's formal recommendation and therefore meets all the requirements of the intent of 54-16. And finally, with regard to the road size, there are literally, as you are aware hundreds, hundreds of streets within the City which do not meet that size and the addition 254190 is part of what will be accomplished in connection with this. The street size which is required an appropriate in terms of the Police and Fire is 35 feet and that is what's being deeded and dedicated. There are a number... Vice Chairman Plummer: You have 30 seconds, sir. Are you finished? Mr. Shapo: Yes, sir. I told you I would be as quick as possible. Vice Chairman Plummer: OK, is there anyone else...? Mr. Shapo: There are a number of residents here who would like to speak. Vice Chairman Plummer: Thank you. Is there someone else on your side that wishes to speak? Mr. Shapo: There are a number of residents who wish to speak. I gather one or two opposed, and some are in favor. Vice Chairman Plummer: Well, I am asking the question, does anybody on your side of the ledger wishing to speak? Mr. Shapo: Yes, sir. 96 April 14, 1998 Vice Chairman Plummer: All right, can we condense it down to one or two speakers so we don't get repetitious? Sir, you are first in line. Your name and mailing address, please? You have two minutes. Mr. Bill Hugaett: My name is Bill Hugaett and I live at 3525 Matterson. I guess, I am the spokesman for the group in the absence of our president, Dr. Redman Burke who is the chairman of Pediatrics at Miami Childrens Hospital. His wife and child are here. Vice Chairman Plummer: From the looks of things, he keeps quite busy in your neighborhood. Mr. Hugaett: You got it. The thing I really want to tell you is, we thought we had 75 percent of the neighbors, I was wrong. We really have close to 90. I checked... we... In the petition that we all got, that every single property owner got and everybody had to fill out and return, 75 percent of our neighborhood voted "yes" we want to have that. That leaves 25 percent. But only three, only three people voted "no" instead of that 25 percent. So I can represent to this group. I know everybody in our neighborhood. Approximately 90 percent of our neighborhood is in favor of this. Seventy-five percent actually voted positive. Most people didn't vote. We are here because we have so many children. Would you all stand up, you all that are here? We are interested in this because we have had crime on our streets. These are my two children, Jackson and Turner. Here is Adam England. Mr. Maxwell: I am sorry, sir, you must be on the record. Microphone. Vice Chairman Plummer: Stay on the mike. Commissioner Gort: Stay on the mike. Mr. Hugaett: Ben and Anne Cort [phonetic] have three children. Here is three more children. This is Dilan.... Vice Chairman Plummer: And you have got 30 seconds. Mr. Hugaett: OK. I won't introduce them all, except to tell you that Ben's fiancee was shot on our street two houses down from me in a robbery he was held to the dirt with a gun in his head. His fiancee had a bullet go through her hand and her leg. Our opponents who we have tried to accommodate, Mr. Chalean, did not vote. Did not come to one of our meetings in two years. Does not even live on our street, has no children that play on our street, did not come to the last committee meeting, did not come to this meeting and when we finally cornered him why he's in opposition because the land that he owns on our street is a big party pavilion... Vice Chairman Plummer: Wrap it up, please. Mr. Hugaett: ... and he wants his people not to have to make those extra two turns. I am not joking you, that's the reason he told me. It is too late to change our process. We are on the County vote on April 21st. If we don't pass due to the rules that I don't know anything about, it will take us a whole or other year to get back on. I think... Vice Chairman Plummer: And the next speaker is? Mr. Hugaett: The next speaker is, that's all for us. Thank you,. Vice Chairman Plummer: Thank you. Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: Gonzalez. I am not on either side. 97 April 14, 1998 Vice Chairman Plummer: Thank God. Mr. Gonzalez-Goenaga; And I must accept that I don't know what's going on here, yet I hear many words and very few deeds even through we are speaking of deeds. And I represent... I am the "watchdog" of the citizens of Miami, and if you are willing to pay every single penny instead of citizens money to pay for this police house. If you pay for it, go ahead and do whatever you want and protect yourself, provided you pay for it. We are in a straight... a financial difficulty. I have been robbed also during the day time and I am still waiting for the police to show up. Thank you. [APPLAUSE] Vice Chairman Plummer: No, no, please. For God's sakes, please. Don't do that to me. Sir, for the record, your name and mailing address, and you have two minutes. Mr. David Turner: Yes, sir. My name is David Turner. My mailing address is 4235 South Douglas Road. I am a native Miamian and I have spent most of my adult life here in Miami. I grew up in Coral Gables and my business is in the City of Miami. I bought my house in June of 1997. My home is on the corner of Douglas and Matterson which is to the right of... my right of where they are proposing to put the security guard gate. The proposal in front of you today, proposes to put a 24-hour a day manned security guard gate in front of my house. My house was designed to face in a direction that 50 years ago that now it's going to look on this security guard gate, and it won't just be any security guard post. It will have bright lights, running water, a toilet, air-conditioning and a severe amount of noise. Every perspective buyer of my house will cringe at the thought of living next to a maned guard post. In my house, I stand 18 feet above Matterson Avenue, part of that is because I am six three. I have a perfect view... I will have a perfect view of the guard, the cars and I'll even be able to tell you what television station the guard is watching on television. This guard post will surely devalue my home and it's my biggest investment. Respectfully, Commissioners, would you want a guard post in your front yard? But are there alternatives? How about an extension? The Entrada homeowners want to put the gate on Stuart, but a missed filing deadline prevented them from amending the documents that are in front of you... Vice Chairman Plummer: You have 30 seconds, sir. Mr. Turner: ... so the gate remains on Matterson. Unfortunately, if this proposal passes today, at least three of our homeowners who are in attendance today will be forced to file suit to stop our neighbors' actions. The ironic thing is that the Entrada owners will put the gate on Stuart but this missed deadline forces them to put the gate on Matterson. So the attorneys will get involved, the legal fees will kick in, and the neighbors will sneer at us as they pass, all because of a missed deadline. There must be another way. Thank you. Vice Chairman Plummer: Thank you, sir. Sir, I asked before, do you want two minutes? Mr. Ben Eglin: I would like to speak, yes. Vice Chairman Plummer: You have two minutes, sir. Mr. Eglin: All right. Vice Chairman Plummer: Your name and mailing address for the record. Mr. Eglin: My name is Ben Eglin and my mailing address is 3604 Matterson Avenue, and I bought my property... It will be two years in October, and when I bought the property there I 98 April 14, 1998 was told there probably will be a guard gate, all right, which was a reason for purchase because we wanted safety in our community. Well, during the construction, one night I came back, it was about ten o'clock one night from dinner and we parked in front of the house which was a construction site at the time, and my girl friend and I were robbed and she got shot. And the only reason this happened was because there is no security at the front of the gate. There was no gate there. There was nothing. Now, we have been trying to get this passed and I am trying to expedite even more because it's a very good neighborhood, but there is obviously, crime. We are trying to protect ourselves and we had to go through this experience and if there was a guard gate there at the time they would have stopped the people from following us and jumping us from behind where we got robbed and my girlfriend shot. She... Her name is Zeidi Pozo. So, the real crux here, the legal stuff is important but we want to stop crime. Ninety percent of our community wants this and ten percent is hemming and hawing over legalities. We don't want to get hurt. Thank you. Vice Chairman Plummer: Thank you. Mr. Hefman. I am sorry, another gentleman wishes to rebut. For the record, sir, your name, mailing address and you have two minutes. Mr. Rob Koeppel: Rob Koeppel, 4285 South Douglas Road. I reside on the lot that faces West Drive. I have a three-month old daughter who is not here, that is here future back yard which the special interest group wishes to turn into a high speed race track. I live... I bought a house overlooking a private road and a tennis court that they want to turn into a two-lane. I am not interested in that. I have voted against it. Mr. Hugaett called and asked if we want to work something out. I said, anytime, I would be happy to meet with you. That was the last I have heard from him. Howard Chalean attended the meeting less than a year ago. I sat next to him at a homeowners meeting and he said, quite clearly, "Mr. Hugaett, I believe this is illegal and I have documents to prove it." He has since proved it. His attorney is here to prove it. It can't be done. And again, we will file suit to make sure that it does not get done. Thank you. Vice Chairman Plummer: Thank you. Mr. Hefman, wrap up please on your rebuttal. Mr. Hefman: Sure. What's interesting about the people who opposed it. You will notice how the district was crafted so beautifully that they don't get to vote. Mr. Koeppel doesn't get to vote on this, Mr. Turner doesn't get to vote on this, why? Because they have crafted the district without those people in it. They won't even get to vote on this matter. It was very tricky. It's really neat. Only the lots that have the crosshatching get to vote because they are in the district. So these people have their last ability with you. Don't think that they can vote on it to help themselves. They can't, because the district was drawn so specially to keep them out of the vote. The City of Miami should be very careful with the way they deal with these kind of issues. I have tried desperately to handle this in a professional manner and to try to raise the issues long in advance. At first reading there was specific direction that this matter was not to come back to this Commission until the Public Works Department's requirements were met. As of this afternoon, you can hear from your own City Attorney that the Opinion of Title has... that requirement has not been met satisfactorily. To shove this thing through and then after the fact, try to fix it, I think you are making a big mistake. I think you will be embarrassed. I think that a deferral of this matter is appropriate. I am not asking you to deny the district at this time. I am asking you to please defer the matter so that all of these issues that we raised can be dealt with appropriately. I believe they are legitimate. Yamalie is not here although I have raised all the issues with her. We shouldn't be here, a year and a half after these issues have been brought to their attention and having them shoved an inadequate Opinion of Title and an inadequate deed I believe, down your throats just because they want to make an agenda. On top of that, they have told you they are on the agenda, they are not on the agenda. They are absolutely not, Mr. Hugaett. I spoke to the County just a little while ago, you have missed the deadline for the agenda. March 23rd was your deadline and we are far beyond that point. So there is no urgency to this. They are beyond the deadline at the County. I think that you should act cautiously here, 99 April 14, 1998 address the issues and bring it back. If you chose to vote on it today, I would ask you to deny it. I think it's the appropriate thing to do under the circumstances. Vice Chairman Plummer: Thank you, sir, and I close the public hearing at this time. Mr. Hefman: Mr. Plummer, just for record. I want the... I am going to furnish the Clerk with copies of the plats and all the relevant deeds for the record. Vice Chairman Plummer: As part of the copy. Commissioner Hernandez: Mr. Chairman. Mr. Hefman: Thank you. Vice Chairman Plummer: All right. Mr. Shapo: May I have 30 seconds because he made two statements he hadn't made before? Vice Chairman Plummer: Sir, if I give you 30 seconds, then he gets chance to rebuttal again. Mr. Shapo: Well, he raised news points that are factually inaccurate. Vice Chairman Plummer: Well, I... Unless, some Commissioner wants additional information, I am closing the public hearing. Commissioner Gort: why don't you quit while you are ahead. Mr. Shapo: Pardon? Commissioner Gort: Never mind, go ahead. Mr. Shapo: The County has advised us that... Vice Chairman Plummer: This gentleman? Mr. Walter J. Foeman (City Clerk): Yes. Mr. Shapo:... we will be on the agenda, that's why I believe it is so fundamentally important that you understand that this is not a matter that will be deferred in any event. Commissioner Gort: Who asked to hear from him? Mr. Shapo: And number two the... Vice Chairman Plummer: Who? Mr. Shapo: ... opinion... The second opinion which was provided is exactly the opinion in the form which was requested. The opinion in the form that Mr. Hefman asked for was the one originally provided and Ms. Trehy who isn't here, requested it to be changed. It was a changed in the manner she requested. Vice Chairman Plummer: Thank you, sir. Public hearing is closed. Discussion among the Commission. Mr. Regalado? Mr. Teele? 100 April 14, 1998 Commissioner Regalado: Go ahead. Commissioner Teele: I want to state for the record that I have a letter from Ambassador David Walters who is a very distinguished citizen in this community, and I just would like to ensure that the record has a copy of his letter. I give great deference to Ambassador Walters, and I will make an independent recommendation, a judgment, but I do want that in the record. Vice Chairman Plummer: Do we have any idea what the letter says? Commissioner Teele: The letter says "approve it." Vice Chairman Plummer: Oh, thank you, sir. Commissioner Teele: It says... I mean, he notes the concern for children and I mean, I would note that he is involved with the Miami Childrens Hospital. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Mr. Chairman, I think that what the City Attorney said and what you asked is that if we go ahead and approve them, they need to bring all the documents to the City Attorney. Vice Chairman Plummer: Absolutely. Commissioner Regalado: So I am ready to vote right now. Vice Chairman Plummer: Mr. Hernandez, do you have any comment? Mr. Gort, do you have any comment? Commissioner Gort: Well, let me tell you, yesterday, I had to go the Northeast, although it's your district I get invited every once on a while... Vice Chairman Plummer: We don't want you there. Commissioner Gort: ... and I had a lot of problems getting into it. And personally, I hate barricades, but when you have the neighborhood voting for it, you know, the... I have learned in democracy, you have got to go where the majority tells you. So if the majority of the people, you have 75, 90 percent saying they want it, I don't have any problem. I am ready to make a motion if you want me to on behalf of your district. Vice Chairman Plummer: I'll accept a motion. Commissioner Teele: Sir. Commissioner Gort: Move it. Commissioner Hernandez: Art... Commissioner Teele would like to talk. Vice Chairman Plummer: I am sorry? Commissioner Hernandez: Commissioner Teele would like to... Commissioner Teele: No, I mean, I don't have... My concern is that as a matter of policy, I have tried to oppose these gates, these districts, security districts. My position is that we really 101 April 14, 1998 need to encourage a different type of community. Having said that, I am always convinced that when children are involved we need to do what is right for the children and it appears to be some overwhelming concern for the safety of the children. I am in... I am very much troubled by the fact that Miami does not have enough segments of our City that attract middle class and upper middle class citizens. And I think we need to do what we can to make more pockets, more communities that appeal to a more affluent group of citizens. My number one concern about Miami other than our tax base is the fact that we really do have a massive outward migration of people who can afford to live in Miami but chose to live in Weston or Broward or somewhere else. So I personally don't like voting for security districts. I am prepared to make an exception as I have in the past. Vice Chairman Plummer: Is that a second? Commissioner Teele: It would be a second for the motion in deference for the neighborhood. Vice Chairman Plummer: Motion made and duly seconded. Read the ordinance, please. This is on second reading. Mr. Maxwell: Yes, sir. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: OK, now let me make sure that I understand. Number one, at no time will it ever cost the City of Miami any money at all? Mr. Maxwell: The money is reimbursable through the Special Taxing District. Vice Chairman Plummer: So it doesn't cost the taxpayers any money? Mr. Maxwell: It's not supposed to. Vice Chairman Plummer: OK. Second of all, they are going to indemnify the City from any litigation that might occur? Mr. Maxwell: There is no indemnification provision in this. There... In the... in the opinion of title and the warranty deed there are indemnification procedures... requirements, but they don't deal with lawsuits. But we can add that if you would like. Vice Chairman Plummer: Absolutely. Mr. Maxwell: All right. Vice Chairman Plummer: Absolutely. OK? And thirdly, is that all matters relating and arose today in reference to legalities must be satisfied before this becomes an effective law. Mr. Maxwell: In other words, you want it to be acceptable to the City Attorney's Office? Vice Chairman Plummer: Absolutely. Mr. Maxwell: Yes, sir. Vice Chairman Plummer: Motion understood? 102 April 14, 1998 Mr. Maxwell: We will add those things. Commissioner Teele: Question. Question. Vice Chairman Plummer: Question. Mr. Teele. Commissioner Teele: Discussion. Mr. Chairman, I would respectfully request that there be a timetable on the time that this must be acceptable. The problem... Vice Chairman Plummer: Thirty/sixty. Commissioner Teele: I mean. Well, 30 days is fine, but the problem is, is if you don't put a timetable these things get lost in a black hole and we need to have timetables in which our staff knows what our standards are. Vice Chairman Plummer: Thirty days before it becomes law. Commissioner Teele: Thirty days, sixty days, it doesn't matter to me whatever the Public Works Director agree on. But I think it's important that we have a timetable. Mr. Kay: I think it's very important that they do it as soon as possible because on the 21st of this month, the County is going to hear it. Mr. Maxwell: Yeah. Commissioner Gort: Sixty days, thirty... Commissioner Teele: Well, thirty days? Commissioner Gort: Thirty/sixty. Vice Chairman Plummer: Thirty days. Commissioner Teele: We are talking now about a minimum time. A time line in which if they don't do it within that time, it has to come back to the Commission. Vice Chairman Plummer: OK. Mr. Maxwell: May I suggest? May I make a suggestion, Commissioners, that it be before... Vice Chairman Plummer: What's reasonable. Mr. Maxwell: ... the County acts on it. Commissioner Teele: No, no, no, no. Vice Chairman Plummer: What's reasonable? Sixty days? Mr. Maxwell: Sixty, that's policy decision. It up to you. Commissioner Gort: Sixty days. Vice Chairman Plummer: Agreeable sixty days from the time all documents are proffered to the City Attorney. 103 April 14, 1998 Commissioner Teele: I don't have an objection as long as we have a time period. Vice Chairman Plummer: OK, sixty days. If it's not done within sixty days after all requirements of the City Attorney are met, it comes back before this Commission, OK? Commissioner Teele: Secondly, Mr. Chairman, I have heard people make the argument that this distinguished gentleman made regarding the location of the guard gate on both sides of the issue. Some people say, I want it here because the guard gate is going to be here and I am going to have an extra level of protection for my house and my household, and I heard today a different argument. Can we ensure that there is some type of Planning Department, or Building and Zoning design approval? And specifically ask that the department work with the affected homeowner to ensure that the issues that have been raised, such as the noise of the air - conditioner... Commissioner Gort: Landscaping. Commissioner Teele: ... the landscaping... Vice Chairman Plummer: Are addressed. Commissioner Teele: ... and even the architecture of the home be something that is reasonable. But at least we should make an effort to reach out to the neighbors, and to make it acceptable to everyone. Vice Chairman Plummer: That's very reasonable. Call the roll. An Ordinance entitled - AN ORDINANCE APPROVING THE CREATION OF A SPECIAL TAXING DISTRICT BY MIAMI-DADE COUNTY FOR THE ENTRADA NEIGHBORHOOD, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING 24-HOUR STATIONARY SECURITY GUARD SERVICE AND INTERIM ROVING POLICE PATROL SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF ONE GUARD HOUSE FACILITY, GATES, ONE STREET CLOSURE, RECONSTRUCTION OF MATHESON AVENUE, RIGHT-OF-WAY ACQUISITION AND RECONSTRUCTION OF WEST DRIVE, DEMOLITION OF A TENNIS COURT, INSTALLATION AND OPERATION OF TRAFFIC CONTROL DEVICES; AUTHORIZING AND APPROPRIATING AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-EIGHT THOUSAND DOLLARS ($168,000) FOR SAID CAPITAL IMPROVEMENTS, AND ADDITIONAL EXPENDITURES FOR ROVING POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; PROVIDING FOR GUARD HOUSE LOCATION AND DESIGN REVIEW BY CITY; REQUIRING AN INTERLOCAL AGREEMENT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 104 April 14, 1998 passed on its first reading, by title, at the meeting of February 10, 1998, 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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11644. 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. Vice Chairman Plummer: OK, I thank all of you for being here. You understand... [APPLAUSE] You understand what you have got to do. You understand what you have got to do. I hope it's done within 60 days because we sure don't want to go through this again. Mr. Hefman: Commissioners, thank you. Thank you. Commissioner Hernandez: All right, Steve. ---------------------------------------------------------------------------------------------------------------- 33. CONTINUE TO NEXT MEETING ASSIGNMENT OF PATRICK MEDIA GROUP, INC. -- FOR BUS SHELTERS -- INSTRUCT CITY MANAGER TO NEGOTIATE BETTER CONTRACT WITH TIMETABLES FOR BUS SHELTERS. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 29 was held, Mr. Teele for your benefit. Commissioner Teele on item 29. We would ask you to exit quietly, please so we can get our agenda finished. I'm... You are next, Charlie. Mr. Teele. Commissioner Teele: Yes, sir. Mr. Chairman, is the applicant present? Vice Chairman Plummer: The gentleman said, "yes." Commissioner Teele: Could we have a little bit of understanding as to the capital plans for the next... your five-year plan going to be doing, other than just trying which I would urge you to do? ,r your three-year plan in terms of what to make as much money as you can in Mr. Ignacio Ayala: My name is Ignacio Ayala. I am the president of Companies, South Florida. plan and the it is you are this business Medio 105 April 14, 1998 Vice Chairman Plummer: And your mailing address, sir. Mr. Ayala: Ninety two. 9202 Northwest 101 Street, Medley, Florida 33178. We run the bus shelter franchise in the City of Miami. The original contract calls for about 200 shelters to be built. At the present time, we have about 150 built throughout the City of Miami and our plans are to fulfill the contract amount of 200 shelters, probably within the next couple of years or... depending on the City requirements we will work together with them. Commissioner Teele: Has the City sought to impose any requirements on you? Vice Chairman Plummer: I have no City Manager right now. Hold on. I have no City Manager and questions are being asked. I now have a City Manager. Would you ask your question, again? Mr. Ayala: Would you ask the question? Commissioner Teele: Has the City...? Has the management, or has the City sought to impose any conditions on you regarding to the fulfillment of this contractual requirement? Such as it... I am talking now about a timetable. Mr. Ayala: No, not as far as I know, but we have worked together with the City's Building Department and... Vice Chairman Plummer: Item 29. Mr. Ayala: ... so far that's where we are. And, as a matter of fact, I had a meeting with Mr. Jackson about a couple of weeks ago and we talked about the time table and the City's requirements to fulfill the contract. It is our intention to fulfill the contract. Commissioner Teele: Well, it was everybody's intention. This contract was entered into in what year, 1993? Vice Chairman Plummer: '95. Commissioner Teele: Initially? Vice Chairman Plummer: Oh, '95 is what is says here. August the 18th. Commissioner Teele: Well my reso... my resolution says in 1989 pursuant to Resolution 88- 1169, the City entered into an agreement. Vice Chairman Plummer: Oh, OK. In the resolution though, Commissioner, it talks about dated August the 18th 1995 in the resolution. Commissioner Teele: Well, '85, '95 is when Patrick Media sold its stock to Ayala Company which is a subsidiary of Clear... Mr. Ayala: Clear Channel Communications. Commissioner Teele: Clear Channel. You see, Commissioners, what we have here is this. We have a contract that goes all the way back to 1989, 1990 which had a very, very small number of bus shelters, 200. They haven't complied in seven years with this, the 200. We should have added another 200 on to this as a condition to assign, I mean, everybody wants to get into the cablevision thing, you want better service. But you know, there is a bunch of people in this City 106 April 14, 1998 that we are responsible for that are transit dependent, that ride buses every day, and they don't have lobbyists, they only have us. Now, I really believe that this contract should be deferred to the next meeting and that we should instruct the Manager to go out and negotiate the best deal we can that include timetables that, that's realistic. I don't want to do anything that you don't want to do. And I mean, if we could defer it to later on today and take it up at six o'clock, seven o'clock, I am in favor of that. Vice Chairman Plummer: No. You want to move it over to the next meeting? We'll move it to the next... Mr. Ayala: Just for the record, I would just like to state. I joined the company in December, last year, and through circumstances different things have happened and different decision making process have come into play, but it is our intention, Eller Media Company to fulfill the contract and do it if you wish to do it in some time of timetable to... Vice Chairman Plummer: What do you wish to do, Commissioner Teele? Commissioner Teele: I would like to hear from the Manager. I am very, very pro public transit riders, transit dependent people. But I have got to tell you something, if any of you would roll down the windows on a rainy day as we are getting ready to get into the rain storm around four or five of six o'clock, you will see bus shelters and buildings crowded with people waiting for some public transportation and some place to shelter themselves. And it's up to us, this is the only contract we are going to have, I mean, and it's the only one. This is pretty much an exclusive deal, right? Mr. Ayala: Yes, sir. Commissioner Teele: You don't want us to award another one, right? Mr. Ayala: No, we would like to do whatever we have to do. Commissioner Teele: See, so it's a 200... Right now, it's 200 shelter commitment that was entered into in 1989 in the City of Miami. They are only at 150 and we are going to assign this contract and I just think it's reasonable for there to be a timetable to complete it, and I think areas in which, you know, that are transit dependent, I am specifically talking about transit dependent corridors where you have... We don't run the buses. The County runs the buses. But we know exactly where you got... You have got people on 54th Street. You have got people on 8th Street. You got people all over this City that ride buses, and we ought to provide them with a bus... best bus shelter service we can provide, respectfully. And if it doesn't do your contract or your reputation with the New York Stock Exchange Company any damage, I would respectfully ask you to allow us to defer the item and come down and see if we can agree on something so that you are no here making an agreement that somebody above you may not agree with. Commissioner Regalado: Can I, Mr. Chairman? Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I also wanted also to discuss this since the last meeting that the item was pulled for several reasons. I think that Commissioner Teele is so right. There are many, many people who ride buses in the City of Miami and I would tell you that... First of all, I will tell you my personal experience. I had about two weeks to get one of the bus benches that was destroyed in an accident fixed. It looked bad, the people were upset. I knew the people that use that bus bench. It was destroyed by an accident and it took about two weeks to fix it. Second... 107 April 14, 1998 Mr. Ayala: Commissioner, can I? May I say something? Commissioner Regalado: Excuse me. Yeah, wait a second. Second, I think that if you go to the Westchester and the Kendall area, most of the bus benches do have a roof, and some mind you, have lights. I know that Commissioner Javier Souto had some funds from the County to install the lights on those bus benches. But at least, we need to try to have some kind of protection for the sun and for the weather for the many people that ride the buses and... Vice Chairman Plummer: All of that said, what are we going to do? Mr. Ayala: Well, can I make...? Commissioner Regalado: All of that said... All of that said, it means that these are problems that we have to address. Vice Chairman Plummer: Are we going to defer? Commissioner Regalado: 1, you know, I am ready to defer. Vice Chairman Plummer: Commissioner Teele are we do defer? Commissioner Gort: I don't know if you are aware, there are two different contracts. Mr. Ayala: There are two different things here. Commissioner Gort: One is bus benches and one is bus shelters. Commissioner Regalado: OK. OK. Mr. Ayala: These are... these are the shelters that I operate. The bench contract is a totally separate company. Vice Chairman Plummer: They are not exclusive are they? Commissioner Regalado: No, no, but hear me out. What I am saying is that we need to address the issue of substitute. The bus benches by bus shelters... Mr. Ayala: Oh, OK, that's fine. Commissioner Regalado: ... because they are more convenient and, and the other thing that I wanted to address is in case that you do not have advertisement, can the City use that as a public service... Mr. Ayala: Yes, sir. Commissioner Regalado: ... to advertise either...? Mr. Ayala: As a matter of fact that's in the contract. Vice Chairman Plummer: It's required. Mr. Ayala: The City just has to ask for it. Commissioner Regalado: OK. 108 April 14, 1998 Mr. Ayala: We provide public service to entity... different entities, but if the City requests public service, they are more than entitled to do it. Commissioner Gort: Mr. Chairman. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Let me ask a question. My understanding is, Commissioner Teele has come up with a very good question. You contract stated that you should have "X" amount of bus shelters. Mr. Ayala: Yes, sir. Commissioner Gort: My understanding is, you have "X" amount. Can you commit to fulfill the contract and within how much...? Or do you need to go back and check with your...? Mr. Ayala: Well, our intentions... We are talking about to fulfill the contract, roughly about 50 shelters. I would probably like to have a period, I would say within a year to finish that. It does take time. We have to go through permitting process through the State in some cases, and that is out of our hands. It's not just simply going out there and installing the shelter. Commissioner Gort: Also, I think when we talked about it, I think Commissioner Teele as myself would probably be worried about the shelters would be where the highest ridership take place. Mr. Ayala: Yes, sir. Commissioner Gort: Because a lot of times the shelters are provided in places where the ridership is not there. It's... Mr. Ayala: That's correct. We basically work with a City appointed official to fulfill maybe some requests that the Comm... from your districts, and also with MDTA (Metro -Dade Transit Association) as well, in terms of their requirements and their route structure. So it's a combined effort but we are willing to work with anybody in the City that you feel it's appropriate to do so. Vice Chairman Plummer: Commissioner Teele, what is your request, sir? Commissioner Teele: Mr. Chairman, I am prepared to move the item, subject to... subject to a full compliance with the 200 bus benches... bus -bench... Mr. Ayala: Shelters. Commissioner Teele: ... shelters within 12 months from the date of the assignment. Vice Chairman Plummer: Is there a second? Commissioner Hernandez: Second. Commissioner Gort: Second. Commissioner Teele: I... Vice Chairman Plummer: Further discussion. 109 April 14, 1998 Commissioner Teele: Further I would request the Manager to negotiate a schedule whereby if the City provides for a shelter for a different structure. That is, in the case we get into a position where we must provide bus shelters. When does this contract expire by the way? Mr. Ayala: January 29th, 2004, according to my records. So we should be able to fulfill the contract within the next 12 months easily. Commissioner Teele: OK, but I am more concerned about if we get into a situation where we have to provide more bus shelters, that you give us a different schedule from the way it is now because right now it assumes that you are provide it. I would have preferred if the Manager had negotiated an additional 100 to 150 bus shelters as an inducement from the assignment, but I realize this isn't the way to do business with companies that come here in good faith and, I don't want to be... Mr. Ayala: We are willing to expand the number if necessary, if it's mutually agreeable to do SO. Commissioner Teele: Well, that's the kind of discussion that I would hope that you and the Manager and... Mr. Ayala: We can do that. Commissioner Teele: .... the Public Works Director would have and... Mr. Ayala: I can... I'd be willing to do that. Vice Chairman Plummer: Just for my edification, this is not an exclusive contract, is it? Any company can come in and make a proposal and this City Commission could accept or reject it. Mr. Ayala: Yes. Commissioner Gort: Right. Vice Chairman Plummer: OK. Subject to, of course, City Commission approval. All right, motion understood? Call the roll. Mr. Ayala: Thank you. 110 April 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-365 A RESOLUTION ACKNOWLEDGING AND APPROVING THE ASSIGNMENT OF PATRICK MEDIA GROUP, INC. AGREEMENT, DATED AUGUST 18, 1995, WITH THE CITY OF MIAMI, FLORIDA, FOR THE FURNISHING, INSTALLATION AND MAINTENANCE OF BUS SHELTERS WITHIN THE CITY OF MIAMI TO ELLER MEDIA COMPANY, INC., A WHOLLY OWNED SUBSIDIARY OF CLEAR CHANNEL COMMUNICATIONS, INC., SUBJECT TO ELLER MEDIA COMPANY, INC., BEING IN FULL COMPLIANCE BY FURNISHING AND INSTALLING 200 BUS SHELTERS WITHIN THE CITY OF MIAMI, FLORIDA, IN TWELVE MONTHS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SCHEDULE FOR SAID INSTALLATIONS AND EXECUTING THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, EFFECTUATING SAID ASSIGNMENT. (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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 34. COMMISSIONER ISSUES CONDOLENCES TO FAMILY OF OFELIA BANGO DE PEREZ-ROURA, UPON HER UNTIMELY DEATH. Mr. Ayala: Thank you. Vice Chairman Plummer: Item 30. Oh, I am sorry, Charlie Cox wanted to be recognized. Charlie. This is in reference... It's not an agenda item. It's in reference to a union matter that he would like to bring to the attention of the Commission. Commissioner Regalado: Mr. Chairman, before, before Charlie takes the mike, I would like to, on the record say that today the wife of Armando Perez-Roura, one of our most well-known radio commentators in Hispanic radio died and I know that the City Commission send the condolences to Perez-Roura and all the members of Radio Mambe. Vice Chairman Plummer: Motion made to approve a resolution to send the condolences of this Commission and the City to that family. There a second? 111 April 14, 1998 Commissioner Hernandez: Second. Vice Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: No opposition. Show it unanimous. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-366 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF OFELIA BANGO DE PEREZ-ROURA, UPON HER UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 35. (AFSCME) AMERICAN FEDERATION, STATE, COUNTY, AND MUNICIPAL EMPLOYEES (LOCAL 1907) PRESIDENT PERSONAL APPEARANCE IN SUPPORT OF RENE ALFONSO, CITY EMPLOYEE WHO WAS SUSPENDED WITHOUT PAY; ENUNCIATE COMMISSION POLICY THAT ALL EMPLOYEES ARRESTED SHALL BE ENTITLED TO A PRESUMPTION OF INNOCENCE UNTIL PROVEN GUILTY; FURTHER AUTHORIZE AND DIRECT MANAGER TO DETERMINE WHETHER TO SUSPEND WITH OR WITHOUT PAY ANY ARRESTED EMPLOYEE; GRANT MANAGER THE DISCRETION IN CERTAIN INSTANCES TO TRANSFER ARRESTED EMPLOYEE TO A NONSENSITIVE JOB IN ANOTHER DEPARTMENT; MAKE POLICY RETROACTIVE BACK TO MARCH, 1998. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Mr. Cox. Mr. Charlie Cox: Charlie Cox, 4011 West Flagler. Commissioners, I appear before you, today in support of Rene Alfonso. Mr. Alfonso has been employed by the City as a systems engineer 112 April 14, 1998 for 18 years. He is a dedicated, hard working employee with an excellent work record. Without any hearing, Mr. Alfonso's right to earn a living has been taken away from him. Mr. Alfonso, was accused of voter fraud and related crimes. Mr. Alfonso is not guilty. He will plead not guilty, and we will demand a trial, a right to trial by a jury. Nevertheless, the City has already suspended him without pay, simply because he has been charged with a crime. One of the most important constitutional rights in this country, is that you are innocent until proven guilty. Mr. Alfonso is an innocent man, but is being punished for purely political reasons. Mr. Alfonso has a family that he supports. He has an ill daughter who needs surgery. Now at the most trying time of his life, when he stands falsely accused, the City kicks him when he is down and strips him of his right to earn a living. Mr. Alfonso has been involved in certain elections and campaigns throughout his career with the City. Sometimes, he has won and sometimes he has lost. Under either circumstances, he has continued to work and perform his duties. Now, with our politics reaching an all time low, we are willing to strip a man of his rights to earn a living, simply because of his politics. Throughout this history of the City, many employees have been falsely accused of crimes. They have continued to work, unless until they are proven... they are convicted, because this City has always respected the presumption of innocence. Now... Now, that has changed because there is a perception that Mr. Alfonso works for the wrong side. The City has stated that he is relieved of duty because he works on computers and is in a sensitive area. He has always worked on computers, and no one has ever worried about his access to sensitive information. We are either going... getting paranoid or that is a pretext. There is serious violent crime in this City. Voter fraud is not a violent crime. In this country, people lie to get out of jury duty. People don't pay their taxes, and skip out on military duty. They continue to work, but Mr. Alfonso, can't, even though he is innocent. I have worked in every Commissioner's campaign except for Commissioner Regalado's, and every Mayor's campaign. I have also worked against Commissioners and Mayors. But, it was never personal, and AFSCME (American Federation, State, County, and Municipal Employees) always based its decision on what it perceived to be best for the workers. Our funds are limited, so we do the real work of the campaign. Holding signs, passing out flyers, going door to door, using phone banks, and collecting absentee ballots. I was asked by the representatives of the City to assist with absentee ballots during the City's campaign. We believe that the City Manager's actions in suspending Mr. Alfonso before his trial, puts into our jeopardy our ability to work in future campaigns. If Mr. Alfonso is convicted of the charges against him, he will be punished both by the judicial system and the City, and he will deserve to be. He stands before you, today, innocent, not having been convicted of anything. Since he is innocent, he should continue working. I believe that Mr. Garcia Pedrosa's decision to... flies in the face of the presumption of innocent and a right to work in election, and punishes Mr. Alfonso for being on the wrong side. You should not allow this to happen. It is only General Employees who are relieved of duty without pay, it doesn't happen to other City employees. It is unfair, and you have the authority, as Commissioners, to tell the Manager that his decision is political, and unfair. Thank you. Vice Chairman Plummer: Thank you, Mr. Cox. Is that...? Mr. Pedrosa, is that a true statement that other employees are treated differently? Mr. Jose Garcia -Pedrosa (City Manager): Commissioner, I am advised by the Labor Relations Officer that there is one precedent for this, about a year ago, a little over a year ago, and it was handled the same way. Commissioner Hernandez: What about...? Vice Chairman Plummer: No, but the question that I am asking is... Commissioner Hernandez: Yeah. Vice Chairman Plummer: ... is there a different way of handling this with Police and Fire? Do they, if found...? If they are arrested, they continue even though suspended to receive pay? 113 April 14, 1998 Ms. R. Sue Weller (Labor Relations Officer): Commissioner, Sue Weller, Labor Relations Officer. In the Police Department, individuals are relieved of duty with pay pending... when under investigation. Vice Chairman Plummer: What about if arrested? Ms. Weller: If they are arrested, too. Commissioner Hernandez: If they... Vice Chairman Plummer: They also get pay? Ms. Weller: Yes, sir. Vice Chairman Plummer: Then, why the discrepancy here? I... I'm not really in accord with either one receiving that. I am asking that why... How do we treat different classes of employees, differently? Commissioner Hernandez: We have been doing that for years. Mr. Garcia -Pedrosa: I guess, what I failed to say was, that the example that... is the only precedent, was a civilian in the Police Department. And, it was handled the same way. Mr. Cox: Yes. Vice Chairman Plummer: Yeah, but, that's not my point. You know, if we are one big happy family, why there is different categories, treated in different ways... Commissioner Hernandez: They have been doing that for years. For years. Vice Chairman Plummer: ... seems to be, unfair. Mister... I don't know how I stand up and tell one employee of this City, I am going to treat you one way. And, I am going to tell another employee, I am going to treat you differently, because of a union contract or whatever. Mr. Cox: It's no contract issue. Vice Chairman Plummer: Mr. City Attorney. I don't know where we are, but I'll tell you something. No, Charlie, just hold it a minute. I just don't think that there is a fair and equitable thing here. You can argue whether or not once they are arrested, they should be paid. I can... That's a good argument. My argument always had been, is if they were found innocent, they would give all the money back -pay that they were entitled to, had they received it. Now, I am saying, the only question I am asking to the Manager, or the Attorney, how do you treat different employees differently? And say to them that you are being fair, and equitable across the board. Mr. City Attorney. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Well, Mr. Vice Chairman, the answer is, as you have stated before that, the... all employees should be treated fairly. And, the basis for that treatment should be set forth clearly in the administrative procedures. And, there is a handbook, there is manual that's supposed to deal with all issues regarding situations of this type, so that there is no charge that the administration has acted arbitrarily or capriciously. Now, if the administration has a rational basis, which maybe found. In fact, I can't say that that's a fact. But, maybe found in a labor agreement of some type, then that would preclude the rational order... I mean, excuse me, the arbitrary capricious charge. But, it would seem to me that, as you 114 April 14, 1998 point out... pointed out, that all employees will be treated the same way, and that should be clearly set forth in an administrative procedures manual. Vice Chairman Plummer: Mr. Manager, your thoughts on the matter. Mr. Garcia -Pedrosa: Well... Commissioner Regalado: Can I...? Can I say something before...? Vice Chairman Plummer: Surely. Always take precedent. Commissioner Regalado: I am... I am not going to give an opinion about the legal aspect of this. I do think that, Charlie, you are being unfair of calling the City Manager, that his motivations are political. I think that it is very unfair. I think that he may have made the wrong decision or the right decision. But, I don't think that this City Manager is calling the shots by the political side of taking one side of another. I think it's very fair. And, you should know, very well, because you said that, because, now he is on the wrong side, or whatever you said the Manager took action. I think that that... that's really unfair for you to say to the Manager. I think that the Manager has the right to make a decision, and whether he made it right or wrong, that would be his call, and for the City Attorney to find out. Vice Chairman Plummer: Mr. Manager. Mr. Garcia -Pedrosa: Yeah, I appreciate that, Commissioner Regalado. That's the first thing I was going to say. Charlie, and I don't always see eye to eye, but we understand each other... Vice Chairman Plummer: Let's talk to the issue. Mr. Garcia -Pedrosa: I think, Charlie makes a very good point. I suppose the other side of that is, this employee was treated equally to the last employee in this situation, as I understand it. Now, in talking here briefly, with the City Attorney, I think the notion of having this institutionalized or recorded somehow in an administrative procedure bulletin of some sort, or memorandum, would be the most appropriate way to do it. But, there is no such document, I am told. So, in the absence of such document... Vice Chairman Plummer: Well.... Mr. Garcia -Pedrosa: ... the question is... Vice Chairman Plummer: OK. Mr. Garcia -Pedrosa: ... in deciding uniformity, or, do you go back to the previous case, or do you go back beyond that? Vice Chairman Plummer: Well, you know, to me, you are not addressing what I have had... What I... The comments that I have made. My comments were, employees Citywide, OK. From the lowest of low employees, to the highest of high. I don't know how you treat them differently. Mr. Garcia -Pedrosa: I admit, I didn't express myself correctly. The last employee of any sort... Vice Chairman Plummer: No, no, no. You are harping on that. Tell me how you treat a policeman. 115 April 14, 1998 Mr. Cox: They are history. Vice Chairman Plummer: Tell me how you treat a policeman. If he is arrested... Mr. Garcia -Pedrosa: What is the answer? Commissioner Hernandez: Suspended with pay? Commissioner Gort: The answer he gives you. Vice Chairman Plummer: Well, excuse me. I pay her to be the Labor Relations. Ms. Weller: They're... Vice Chairman Plummer: Answer my question, please, Mr. Manager. Ms. Weller: Well, they... To my knowledge, they are relieved of duty with pay, and I believe that's based upon departmental rules or past... or wage past factors. Vice Chairman Plummer: Departmental rules in my opinion, do not stand any departmental rules, the Manager makes the decision, OK. A fireman, God forbid is arrested, how is he treated? Ms. Weller: Pardon? Vice Chairman Plummer: A fireman is arrested, how is he treated? Ms. Weller: There is an agreement between the union and the City on that issue. Vice Chairman Plummer: And, what is that agreement? Ms. Weller: I am sorry, I don't recall what that agreement is. Commissioner Hernandez: Mr. Chairman. Mr. Chairman, I just... Vice Chairman Plummer: Mr. Hernandez. Commissioner Hernandez: Commissioner Plummer, I would like to make a motion. Commissioner Teele: Is there a fire union leader here? [inaudible -- off microphone] Commissioner Regalado: Yeah, there he is. He's right there. Commissioner Hernandez: I know it's before... it's not before us as a regular agenda. Mr. Cook: He's here. Dave's here. Commissioner Hernandez: But, I think it should be treated just like any other police officer, any fire employee. And, why don't we just suspend him with pay, during the... the investigation, or what have you, with what's going on during this time. I think he's... he hasn't even been arraigned at this point in time. Commissioner Teele: Let me say this... 116 April 14, 1998 Vice Chairman Plummer: OK. Mr. Teele. Commissioner Teele: ... at the risk of getting the City Attorney to send me a paycheck. I don't think we should make any motion on any individual. I think we should make a motion. I think we should make a motion on a policy. Commissioner Hernandez: In general. Vice Chairman Plummer: That's exactly what I was... Commissioner Teele: And, I am totally in support of the fact that we should treat our employees to the extent that it is possible, treat them the same for labor relations purposes. It makes no sense to treat a police officer or a firefighter differently from anyone else. I mean, the law is the law, and they all stand, in my judgement, innocent, fully innocent in the law until they have been con.. Vice Chairman Plummer: All right, so, now where are we? Let's get off the nickel here. Somebody want to make a motion? No, no, wait a minute. Hold on. I think... Commissioner Teele: Mr. Chairman, with all due respect, to the Chairman... to Commissioner Humberto, I would ask that I be allowed to make a motion. Vice Chairman Plummer: I am listening. Commissioner Teele: That enunciates the policy that any person who has been arrested shall be entitled to a presumption of innocence and shall be afforded the opportunity to receive their pay, suspension with pay, unless the Manager deems circumstances to the contrary and reserves for the Manager the right that he may in a grievance or in unique circumstances suspend the person without pay. Vice Chairman Plummer: Is there a second? Commissioner Hernandez: There is a second, but... Under discussion. Vice Chairman Plummer: All right, all right. Under discussion. Mr. Hernandez. Commissioner Hernandez: Let me... Can't we expand that motion in the case of... for example, where we are dealing with a nonviolent crime, that we can get our monies worth and transfer the person to another department. In this case, supposedly Computers, it's a very... It's an area that maybe he could... he or any other person we are dealing with could do damage to our... Commissioner Teele: I accept that as an amendment, if the City Attorney... Commissioner Gort: Put them to work. Commissioner Hernandez: The amendment is to expand... Vice Chairman Plummer: In other words, allow him to work. Commissioner Hernandez: ... you know, depending on the crime. If we are dealing with a nonviolent crime, it's a situation where we could put, and get our monies worth, put him, and transfer him to another department. Commissioner Gort: Put him to work in a non -sensitive... 117 April 14, 1998 Commissioner Hernandez: Put him behind the desk in case of police officers or what have you. Put in an area where there is no sensitivity if someone were to... Commissioner Gort: Non -sensitive... Commissioner Teele: Subject to the... Vice Chairman Plummer: All right. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): As a matter of policy, that's fine. Commissioner Teele: That would be subject to... Commissioner Hernandez: Subject to the... Vice Chairman Plummer: Wait a minute, now! Hold on! One person at a time. Commissioner Teele has the floor. Commissioner Teele: That would be, again, subject to the Manager's determination, that the Manager may... Commissioner Hernandez: Right. Commissioner Teele: ... suspend the person from their job, or suspend them from the City employment, but move them to another job, or suspend them totally. But, that would be up to the Manager as to whether or not that would happen, as well as, the Manager would have the right in certain cases, a grievance cases, where the Manager would have the authority to suspend the person... Vice Chairman Plummer: Commissioner Gort. Commissioner Teele: ... without pay. Vice Chairman Plummer: Did you want to say something? Commissioner Hernandez: There is a motion, there is a second. Commissioner Gort: No, Teele said it for me. Vice Chairman Plummer: There is a motion, there is a second. This is not a public hearing. Mr. Manuel Gonzalez-Goenaga: Eh... Vice Chairman Plummer: This is not a public, hearing, all right. Mr. Gonzalez-Goenaga: It matters, it's a very... For the citizens, yes. May I have one minute? Vice Chairman Plummer: No. It's not a public hearing. All right. Mr. City Manager, do you understand the motion? Mr. Jose Garcia -Pedrosa (City Manager): Yes, sir. Vice Chairman Plummer: You will formulate... 118 April 14, 1998 Commissioner Teele: And, I would like it to be retroactive to October 1. Vice Chairman Plummer: All right. Well, I would like to see the policy before you make it retroactive. Commissioner Teele: Well, this is the policy now. Vice Chairman Plummer: I think he is going to be writing a policy, and I want to make sure... Assuming that this Commission has the final authority over that resolution, retroactive... Commissioner Teele: This is the resolution. This is the policy statement. Mr. Maxwell: Yeah. Vice Chairman Plummer: Well, I have got problems. Commissioner Teele: The Manager can issue an AO. Vice Chairman Plummer: All right, I'll address my problems in another motion, OK. The motion on the floor understood. Commissioner Teele: When was this gentleman suspended... arrested? Mr. Cox: Monday. Oh, when was he arrested? Vice Chairman Plummer: Like two weeks ago. I was in the Keys. Mr. Cox: Yeah, it was about a week and -a -half ago, two weeks ago. Vice Chairman Plummer: It was on a Friday, because I was in the Keys. Commissioner Teele: Well, I want to make sure that this is retroactive. Mr. Cox: The suspension went into effect. Friday was his last day of pay. Commissioner Teele: I am not talking about him. I want to make the policy retroactive to March 1st. Mr. Cox: Commissioner... Commissioner Teele, the other... Vice Chairman Plummer: OK. All right, the public hearing is closed. Mr. Cox: ... one that they talking about, what we did is, we filed a grievance. Vice Chairman Plummer: The public is closed, Charlie. Mr. Cox: But... But, you know what... Vice Chairman Plummer: You are ahead of the game. Mr. Cox: ... he got his say, and I don't mind... Vice Chairman Plummer: You are ahead of the game. 119 April 14, 1998 Mr. Cox: ... but it's not being said through. Vice Chairman Plummer: OK. We have got... Mr. Gonzalez-Goenaga: Excuse me, you said a public hearing? Vice Chairman Plummer: There is not public hearing. Mr. Gonzalez-Goenaga: So, it all depends on which way you want to play, right? Vice Chairman Plummer: That's correct, sir. Mr. Gonzalez-Goenaga: OK, thank you. Vice Chairman Plummer: And, as Chairman, I have that prerogative. Mr. Gonzalez-Goenaga: This is a kind of tyranny. Vice Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? It's unanimous. OK? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-367 A MOTION ENUNCIATING THE POLICY OF THE CITY OF MIAMI COMMISSION THAT ALL CITY EMPLOYEES ARRESTED SHALL BE ENTITLED TO A PRESUMPTION OF INNOCENCE, UNTIL PROVEN GUILTY OF A CRIMINAL ACT; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE WHETHER TO SUSPEND, WITH PAY OR WITHOUT PAY, ANY ARRESTED EMPLOYEE; FURTHER GRANTING THE CITY MANAGER THE DISCRETION, IN CASES OF ARRESTS FOR NONVIOLENT CRIMES, TO CONSIDER TRANSFER OF THE ARRESTED EMPLOYEE TO ANOTHER DEPARTMENT, OR TO ANOTHER NON -SENSITIVE JOB; AND FURTHER STIPULATING THAT SAID POLICY SHALL BE RETROACTIVE BACK TO MARCH 1, 1998. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 120 April 14, 1998 Vice Chairman Plummer: Item... OK, now let me just make my comment. I don't understand how the Police Department can set a policy that has not been approved by this Commission. And, if they have a policy that's contrary to the policy which you are going to affirm, then I think we need to talk about that. Because, they have, as far as I know, nobody has the right to set policy, except this City Commission. Mr. Garcia -Pedrosa: I don't think they have such a policy. Vice Chairman Plummer: Well, I just heard from her... Mr. Garcia -Pedrosa: No, no, no. But... Vice Chairman Plummer: ... that they have a departmental rule. And, I don't... I have been here 28 years, and I have never voted on that departmental rule. Whatever it is, Chief, you know what I mean. Police Chief Warshaw: It's... Commissioner, it's not a rule. It's been a long standing policy in the Police Department, probably, going back 25 years or more. Vice Chairman Plummer: I have been here 28, and I have never voted on it. Mr. Garcia -Pedrosa: Yeah, but we are talking about the policy is, and I think he... Vice Chairman Plummer: Policy... Mr. Manager, you know what I mean, work it out with the Chief. ---------------------------------------------------------------------------------------------------------------- 36. AUTHORIZE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KPMG PEA MARWICK LLP -- FOR ADDITIONAL SERVICES -- INCREASING FEE BY $130,000.00 FROM $200,000.00 TO $330,000.00 -- ALLOCATE $130,000.00 FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND CODE 921002-270. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Next item. Item 30. Mr. Jose Garcia -Pedrosa (City Manager): This is a resolution authorizing the execution of a contract with the KPMG Peat Marwick accounting firm for professional services, specifically additional services and having to do with the preparation or the strategic and operative... operations plans which are an integral part of what the Oversight Board and the five-year plan require us to do. Vice Chairman Plummer: Any Commissioner have any comments? Commissioner Gort: Wait a minute, I have a... Vice Chairman Plummer: Mr. Gort. Commissioner Gort: I have a question. Vice Chairman Plummer: All right. 121 April 14, 1998 Commissioner Gort: My understanding is we gave some awards today to a Blue Ribbon Committee where we had "X" amount of professionals, that they made certain recommendations. My understanding is, they went into five different departments. They did sort of a performance audit of each of these departments and they came up with certain recommendations that... My understanding is, it will be duplicated into jobs, that one was done for free and now we are going to pay one hundred and thirty thousand dollars ($130,000) to have the same thing done? Vice Chairman Plummer: A hun... An additional one hundred and thirty. Mr. Garcia -Pedrosa: It's a... It's a little different, sir. What the Blue Ribbon panel did was to study the operations of the City in different areas... Commissioner Gort: Right. Mr. Garcia -Pedrosa: ... and to come up with their analysis and recommendations of specific items which are part of the 643 recommendations... Commissioner Gort: Correct. Mr. Garcia -Pedrosa: ... to the five-year plan. What this is, is the implementation of some of those recommendations, and specifically, it is the... essentially the taking apart of departments working with our own people to start with their mission with the objectives of the departments activities and with the strategies to achieve those objectives. And then, putting them back together, if you will, in an operational plan that will streamline and... and make more efficient of the City's operations, department by department. That's not something that the Blue Ribbon Task Force did. And that's frankly, a very expensive proposition. Commissioner Gort: And, you got to understand, I am too bright, sometimes I don't understand things. My understanding, when I read the recommendation they were very specific in things that needed to be done in each department in order to improve their services. Mr. Garcia -Pedrosa: That's true. This is a... Commissioner Gort: ... and their efficiency. Now what you are telling me is, these people are going to come in, they are going to take these recommendations and they are going to teach our people how to implement them? Mr. Garcia -Pedrosa: No, sir. These people are going to come in and they are going to take each department and help us restructure the operations of that department so that they will function better. In doing so, undoubtedly some of the recommendations will be able to be implemented, the Blue Ribbon Task Force. But this has to do with the structure and the operations of the departments rather than with the corrections of specific shortcomings identified by the Blue Ribbon panel. Commissioner Gort: We can't do that in-house? Mr. Garcia -Pedrosa: We... This is an effort in which Peat Marwick will be working with our departments. So it's a combination of City staff and outside consultants. Commissioner Gort: I understand that but do we need the outside consultants? Can't we create our own consultants to work with? 122 April 14, 1998 Mr. Garcia -Pedrosa: Eliminate the outside consultants altogether? I don't think so, and I think the Oversight Board would... would really object if we... we attempted to do something which frankly, I think is probably beyond our technical expertise at this point. Vice Chairman Plummer: Any other Commissioners have comments. Commissioner Teele: Mr. Chairman, I would move the item. Vice Chairman Plummer: Mr. Teele. You move it? Commissioner Teele: Mr. Chairman, let me explain something. I don't think the Manager... I think the Manager is being too polite. Look, I don't understand strategic plans in the context of what we are dealing with here, and I am honest enough to say it. I said it to the Manager when he first started. When the Chairman of the Oversight Board, Mr. Enriques [phonetic] started talking in very global, very technical management concepts, he left me, after he uttered his first sentence. He went on for ten minutes, he said "one of the problems with the City of Miami is we lack middle management", and in addition to that, what we are not doing is we have never gone through what every major for profit company in America is going through which is an organization, which is a strategic plan. Now, when I was in the Army we used to do something called "Organizational Effectiveness", OV, which sounds a whole lot like what they are doing. But what it is, is you bring in outside consultants who don't have a vested interest, you sit the Department Director off a little bit to the side and you do a bottoms up approach, and you talk to secretaries, you talk to clerks, you talk to middle level, you talk to senior level and you develop a organizational plan. Now what I say the Manager is being courteous about is, this was a requirement on the City of Miami from the Oversight Board which came in January as a condition for the Chairman's support of our plan. And the Chairman said look, I think the problem with the City has as much to do with the Organizational Effectiveness, he didn't use those terms, but the strategic... the way we approach our workforce as money and what this is designed to do is really to make the department employees buy -in to the mission of the department. And what they agreed on was they wanted all of this done within a year or within six months. The Manager said there is no way, we don't have time to do it. They took one department which I believe was Public Works Department and said they would sort of become the trainers to reduce the overall cost because the cost... You remember, what's the smart... the accountant's name on the Oversight Board? The smart, one of the smartest people on the board really. Mr. Garcia -Pedrosa: Shelly Sneider. Commissioner Teele: Sneider. He says less than anybody on the board and makes a lot of sense. He said there is no way you all can do this kind of approach for a government this large for less than three million dollars ($3,000,000). And when the Manager said well, we have got an agreement to do it for, whatever the number was, one hundred and fifty thousand, he says well, I don't think you can do it for that. And then they went on to explain that what they were going to do was to do one department and then use the Public Works Deparmtent, is this what we are doing, to sort of be facilitators for the other departments? Mr. Garcia -Pedrosa: No, they are not using the Public Works people, but they are being, if you will, the facilitators or the catalysts for the other departments. Commissioner Teele: The Public Works are? Mr. Garcia -Pedrosa: No, no. The outside accountants. Vice Chairman Plummer: OK. 123 April 14, 1998 Mr. Garcia -Pedrosa: Our Public Works people are going to stay in the Public Works Department. Commissioner Teele: I just think this is the kind of opportunity that our employees should have, and I think it's the kind of thing that the Oversight Board, all of these people, or many of these people are from the private sector. They all recog... those from the private sector all recognize this is something that every major corporation is engaged in. I would very much like to know more about how it really works, but I do think that we ought to give some deference to the requirements that the Oversight Board has asked us to do and I would move the item. Vice Chairman Plummer: Is there a second? Commissioner Hernandez: Second. Vice Chairman Plummer: There is a second. Mr. Goenaga, I am sure you wish to speak. You have two minutes, sir. Mr. Manuel Gonzalez-Goenaga: Of course. Well, The crooks of the matter, and I am not an expert, and maybe I will have a better chance and better luck with the Oversight, speaking to the Oversight Board. I am... You see, I am one of the shareholders of this corporation and we have had certified financial statements. Vice Chairman Plummer: They issues shares? Mr. Gonzalez-Goenaga: When I am a member of a public corporation or a shareholder I receive a statement. I have not seen a certified financial statement as of last September 30th yet. And yet, in Marta Flores in the radio station is speaking constantly about seven hundred and ten million dollars ($710,000,000) in cash that this City has through the ex -Mayor Suarez. Let's see... You see, this is a lot of manipulation and we should be a government of transparency. Let's have the financial statement and let's spend... But let... That's another problem. Why spend money when even the Commissioners don't even read the financial statement and has been the old custom here? Because if we would have read as I have, the financial statements, previous financial statements, we won't have that problem. When I was... And remember, we are supposed to have a lot of restitution from the seams of the previous accountants. Let's spend a little money, but look, let's do our homework. Vice Chairman Plummer: Thank you, sir. Mr. Manager, was this put out to bid? Mr. Garcia -Pedrosa: No, sir. Vice Chairman Plummer: So in other words, this is just another bucket of money going over to Peat Marwick? Mr. Garcia -Pedrosa: I wouldn't characterize it that way. Vice Chairman Plummer: No it's a barrel, not a bucket. Mr. Garcia -Pedrosa: I wouldn't... Vice Chairman Plummer: I mean, this is getting to be to a point... Let me tell you something, you know, it's going to stick in my craw until the day I die that they were going to charge us thirty thousand dollars to do a little study. 124 April 14, 1998 Mr. Garcia -Pedrosa: Yeah, but see that was... Vice Chairman Plummer: Now, you know, I don't... Hey... Mr. Garcia -Pedrosa: that was a factual study that we were able to handle. Vice Chairman Plummer: Mr. Manager, you did handle it inhouse. Mr. Garcia -Pedrosa: Yes, we did. Vice Chairman Plummer: And you saved thirty thousand dollars ($30,000). Mr. Garcia -Pedrosa: Yes, we did. Vice Chairman Plummer: These people have got untold amount of money. Now when are they going to stop? There are other auditing firms in this town. They are good, but baby, they are retiring off this City. Call the roll. Commissioner Gort: No. Vice Chairman Plummer: No. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-368 A RESOLUTION WITH ATTACHMENT, AUTHROIZING HTE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH KPMG PEAT MARWICK LLP (KPMG), THEREBY: 1) PROCURING ADDITIONAL SERVIES FROM KPMG AS PROVIDED FOR IN SAID PSA, 2) INCRESING THE FEE FOR SAID SERVBICES IN THE AMOUNT OF $130,000, FROM $200,000 TO $330,000, AND 3) EXTENDING THE DEADLINE FOR THE PERFORMANCE OF SAID SERVICES FROM JANUARY 31, 1998 TO SEPTEMBER 30,1998; ALLOCATING ADDITIONAL FUNDS, IN THE AMOUNT OF $130,000, FROM SPECIAL PROGRAMS AND ACCOUNTS COUNTINGENCY FUND, CODE NO. 921002-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Wifredo Gort Vice Chairman J.L. Plummer, Jr. ABSENT: None. 125 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 37. (A)AUTHORIZE CONTINUATION OF NEIGHBORHOOD CLEANUP PROGRAM UNTIL SEPTEMBER 30, 1998 -- ALLOCATE $320,000.00 FROM SOLID WASTE BUDGET, ACCOUNT CODE 422001.320302.990. (B)DISCUSS NEED TO REGULATE USE OF LAWN GRASS AND LEAVES BLOWERS -- FURTHER DISCUSS CITY'S EFFORTS TO CLEAN ITS OWN EMPTY LOTS. (C)DIRECT CITY MANAGER TO REVIEW NET OFFICES STRUCTURE / EFFICIENCY / STAFFING BEFORE AUGUST 1, 1998 -- SEE LABEL 66A. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 31. The Manager's emergency approval and extension of the Neighborhood Cleanup Program. Mr. Manager. Commissioner Regalado: Mr. Chairman. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Yeah, I... I just want to say that if there is something that I am happy to vote on the affirmative is this program. These people are really doing a great job for the City of Miami, and I think that on this the Solid Waste Department deserves a commendation and the Administration, and I think that the Commission itself, because the Commission has been the body that has pushed through this... Vice Chairman Plummer: Is that a motion? Commissioner Regalado: It is a motion to approve. Commissioner Hernandez: Second. Vice Chairman Plummer: Is there a second? Is there a second? Commissioner Hernandez: Second. Commissioner Gort: Discussion. Vice Chairman Plummer: Discussion. Mr. Gort. Commissioner Gort: Let me ask you a question because, let's say we are picking up all this illegal garbage. One of the things, as I travel through the City, I pay more attention to garbage and the problems that we've had. It seems like now when people cut the grass and when people clean-up sidewalks they use these blowers. And what they do is, they cut their grass and they get all this debris and they use the blowers, and rather to pick up the grass that they cut and they create they blow it into the streets for us to pick up. Is there any regulation that we can put on this? I mean, this is being used... Vice Chairman Plummer: The answer is no. Commissioner Gort: I mean, I am sure that the people who sell the blowers are in a very good position, but I think we are picking all that stuff up, and I don't think that's fair to the City. 126 April 14, 1998 Vice Chairman Plummer: The last time this issue came up I had just spent two hundred bucks for a blower. Commissioner Gort: Well... Vice Chairman Plummer: The answer is no, but you give him the answer. Hello? Mr. Joe Pinon (Assistant City Manager): Assistant City Manager, Joe Pinon for the record. Commissioner Regalado: But, but these people are the streetsweepers. Commissioner Gort: No, no, I understand that. I don't have any problem with them... Commissioner Regalado: Oh, OK. Commissioner Gort: ... but you know this is concerning garbage. Commissioner Regalado: Oh, OK. Mr. Pinon: Assistant City Manager, Pinon for the record. The blower is supposed to be used just to simply get all that grass out of the... Vice Chairman Plummer: Yeah. Commissioner Gort: And to be picked up. Mr. Pinon: ... into a pile and to be picked up and they don't. So we have no regulation, you are correct... that says they have to. Commissioner Gort: But, but do we have any, any ordinance or...? We do? Mr. Joel E. Maxwell, Esq. (Interim City Attorney): We don't, but we can... Mr. Pinon: No. Commissioner Gort: I think we should look into it because... Mr. Maxwell: ... to specifically address that. It would be... it would be a legitimate use of... Commissioner Gort: Because this is additional trash that we are... And I don't mind the blowers being used, as long as you pick it up when you put it together. Mr. Pinon: Absolutely. Right. Commissioner Gort: But I think it's being blown into the public right-of-ways and that's not fair. Mr. Pinon: A lot of times it goes into the gutter. Vice Chairman Plummer: Any further discussion? Commissioner Gort: No. Commissioner Teele: Mr. Chairman. 127 April 14, 1998 Vice Chairman Plummer: Mr. Charles. Mr. Teele, always Commissioners first. Mr. Teele. Commissioner Teele: Mr. Manager... Mr. Chairman, is this program being done City-wide. Mr. Pinon: Yes, sir. Commissioner Teele: Is there a schedule of where the program has been launched and where the activities have been focused on? Mr. Pinon: Yes, sir. Commissioner Teele: I would like to get a copy of that. Additionally, is there a private... a prioritizing, not privatizing? Is it a prioritizing of City -owned property for this activity? Mr. Pinon: Priortizing of City -owned property? No, sir. Commissioner Teele: OK. Mr. Pinon: We do have a prioritize. Commissioner Teele: I would ask, and one of the things I am going to be looking to review is whether or not we are doing an acceptable job of doing... of cleaning our own lots. The City is, is in my mind, really one of the most flagrant violators of our codes. And I really do think, in all due respect, Mr. Manager, that we should really look at our City properties.... Vice Chairman Plummer: Absolutely. Commissioner Teele: ... as a priority. I am horrified to learn that many of the lots that I have been complaining about are owned by the City. Commissioner Gort: It's City -owned. Yeah. Mr. Pinon: Mr. Teele, to clarify the point. Vice Chairman Plummer: I traveled, I traveled the other day with a NET (Neighborhood Enhancement Team) inspector of the Edgewater, and I want to tell you something, the NET Offices need to go out, get off their duff, get out of the office and go out and inspect, not only the City properites, but to go out and inspect in their districts. There is a... Commissioner Teele: Well, let me tell you something. Mr. Pinon: I just want to clarify one point. Commissioner Teele: Anytime you want to have that conversation, let's have it, because I would very much like to move that the Manager be directed to evaluate the NET Offices within 90 days and to give us a report. Vice Chairman Plummer: OK. Commissioner Teele: Because I tell you, what is heppening out there is a... is really wrong, J.L. I had one... I had one meeting with Mayor Carollo, and I took that opportunity to take him and show him City properties all throughout the district that I represent. He couldn't believe it. It is really third world plus. So I really think that we need to get focused on this thing. 128 April 14, 1998 Vice Chairman Plummer: Well, all right. Let's, let's... Commissioner Teele: And it's fine to spend money, but at some point, we are going to have the priorities focused in with the monies that we are spending. Vice Chairman Plummer: One item at a time. Let's do 31 first. There is a motion and a second. Is there any further discussion? Mr. Charles, you wish...? Commissioner Regalado: I would just... Just one... Vice Chairman Plummer: Commissioner first. Commissioner Regalado: ... One idea. I just would ask, the City Manager and Assistant City Manager, Joe Pinon to consider the possibility. This... I have seen these people work. They work very hard. As a matter of fact, I stopped and talked to them about two or three times a week in the areas I drive. And they even use their own cars to move from one side to another. They have the streets clean, commercial streets. But, maybe, you can spare them a week and have them clean the City lots, moving from one City lot to another. I would tell you that, for instance, as you get off Biscayne Boulevard and get on 836, that area that is fenced under the Expressway which is a City lot, it's really bad, and only with these people that really, really work... Because the Solid Waste people, you know, they are really good workers, all of them. If they go there for a day, they will clean that lot, and that would look really nice. I, I have seen many tourists and I believe that most of the tourists that go from downtown to the airport have to ride by that area which is in your district and I... Vice Chairman Plummer: Mr. Charles. Commissioner Regalado: ... and I would tell you that one day, two or three people will clean that, and if you bring in once a month, I mean, it would really... Mr. Pinon: Actually, we have that on the schedule for once a week after we get that through. We have a list of all the gateways to the City, or the main thoroughways that need to be cleaned on a regular basis. But we still are very... in the early stage of that. Commissioner Regalado: And I think, Joe, that the people of Miami deserve an explanation of the backlog we have had about two weeks ago with the trash pick, because it was really... Mr. Pinon: I am preparing a memo, a very detailed memo with all the different things that we are doing. And just to give you news on this, as of last, this... yesterday, Monday, we are back on schedule. I have been advised that all the different areas that had to be picked up were picked up as of yesterday. Vice Chairman Plummer: Mr. Charles. Mr. Norman Charles: Norman Charles, 600 Northwest 7th Avenue. President of City Independent Group Union. I only like to comment on one thing that Commissioner Regalado had said, that these people is doing a tremendous job. However, the problem that we are facing is, the short time solution. We need to have a long resolution that we can get through this thing. This is everytime we comes, extend this program three more months. Extend it another three more months. The short term is not going to get it, Mr. Manager. We need to have a long term so we can work on the things that we have to work out in details. Vice Chairman Plummer: You're absolutely right. 129 April 14, 1998 Mr. Charles: And that is all I have to say. Vice Chairman Plummer: Thank you, sir. Mr. Charles: Thank you. Vice Chairman Plummer: Mr. Goenaga. The head sanitation employee. Mr. Manuel Gonzalez-Goenaga: Well, I am going to the crux of the matter. Vice Chairman Plummer: All right, sir. Is that the croaxed? Mr. Gonzalez-Goenaga: The crooks. Vice Chairman Plummer: All rightee. Mr. Gonzalez-Goenaga: In my broken English, but I hope you understand, baby Plummer. Vice Chairman Plummer: I'll translate for you. Mr. Gonzalez-Goenaga: I didn't... I was unable to have your pill, that's why I am not sleeping. I know you want to intern me in your funeral home. I am still alive and well. Let me tell you, you see the trash, the trash is not what these people picked up. There is another kind of trash that I, 1 see here, every day I come here. It looks clean, but it's kind of dirty because I see the shadows and the spirit of Cesar still here within the City. You cannot change... Vice Chairman Plummer: Mr. Goenaga. Mr. Gonzalez-Goenaga: Wait, wait, let me tell you. Vice Chairman Plummer: Now you wait. Now if you want to speak to the issue at hand... Mr. Gonzalez-Goenaga: Well, the issue is, that we must clean up this act also, besides the cleaning of the... Because everything... You see, as I have always said, government like trees stacked to the cave from the top down not from the bottom up. We must lead by example and I am not referring to the new management. I am referring to the spirit of Cesar that is still around here. Thank you, very much. Vice Chairman Plummer: Thank. All right, everybody in favor say "aye." Wait a minute, it's four -fifths vote. We have got to have a roll call. Mr. Clerk. 130 April 14, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-369 A RESOLUTION BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF TH ECITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID EMERGENCY EXISTS TO CONTINUE THE NEIGHBORHOOD CLEANUP PROGRAM UNTIL SPETEMBER 30, 1998; ALLOCTING FUNDS THEREFOR, IN THE AMOUNT OF $320,000, FROM THE SOLID WASTE DEPARMTENT FY '98 BUDGET, INDEX CODE 422001.320302.990; AUTHORIZING THE CITY MANAGER TO INSTRUCT HTE DEPARMTENT OF BUDGET AND MANAGEMENT ANALYSIS TO MAKE THE NECESSARY TRANSFER FOR SAID PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Mr. Teele, you wish to make a motion about the NET Offices? Commissioner Teele: Mr. Manager. Vice Chairman Plummer: Mr. Manager. Commissioner Teele: Mr. Manager, would you... would you deem it to be harmful if a motion were made requiring that you present back to the Commission a total review and structuring and salary equalization and efficiency review and all the other things related to the NET Office in 90 days? Mr. Garcia -Pedrosa: I think it would be very salutary, but the question really is, and it's entire frame... As you know, we are putting together, Commissioner Teele, the balance of the five-year plan for approval in 90 days. Commissioner Teele: I am concerned about the budget. We got to have, you know we should have had a budget direction. I mean, we have not voted on any budget direction. I mean, I would like to do that, but I guess at the same time, you got a major case load or workload to manage. Would it be fair that we get it before the break, the Summer break? Is that...? Vice Chairman Plummer: That will be before August 1. Commissioner Teele: Is that a fair timetable? 131 April 14, 1998 Mr. Garcia -Pedrosa: That's fine. Vice Chairman Plummer: OK, because, let me just say this to you. I asked a while back. You know, this Commission passed an ordinance that said, hey, Mr. Homeowner, or Mr. Property Owner, if you don't take care of your property every 90 days, we are going to do it and send you bill. Mr. Manager, I asked, I don't remember if it was you, we have had so many Manager, I can't remember which one, to have the NET Offices go out and tell me which one of the properties in their NET jurisdiction are not in compliance and why aren't they before the Code Enforcement? Why isn't something being done? To this day, Mr. Manager, I have never received the first one. Mr. Garcia -Pedrosa: Eh, Commissioner... Vice Chairman Plummer: You know what I hear, and I am sure the rest of us hear the same. I am understaffed. I don't have help. There is nobody here, and yet I go by the downtown NET in the... by the Arena there, I see six and seven and eight police cars outside of that office. But, I am told, no we don't have any inspectors. Sorry, can't do it. We are understaffed. We don't have any help. We are underpaid, overworked. I'll tell you something, something has got to happen because this City is depending on NET. NET to the people of this community is very important. They love it. They think it's good, but it's got to get better in my opinion. So, I am in concurrence with Commissioner Teele. Commissioner Teele: What I would do, Mr. Chairman, is ask that the City Attorney write up the resolution, the motion so that the Manager has an opportunity to look at it. But I want to agree with what Commissioner Plummer is saying, because I think this resolution means nothing if we don't say that the NET Offices, or the number... that the staffing of NET Offices are the one... the number one priority of this City, if we believe that. And I don't know if the Commission believes that. But I can tell you this, not having inspectors like in the... in several NET Offices where you don't have inspectors, moving good inspectors to other NET Offices because they are good and robbing Peter and paying Paul. I think one of the things that we should do is impose upon the Manager the requirement that the NET Offices be fully staffed and supported as our number one priority. And... Vice Chairman Plummer: Either that, or get rid of them. Commissioner Teele: Say again? Vice Chairman Plummer: Either that, or get rid of them. Commissioner Teele: Or get rid of them. Vice Chairman Plummer: Absolutely. Commissioner Teele: And I would ask that the City Attorney draft that so that we can take it up today, because I am not just talking... I am talking about that there be a report on the NET Offices including the staffing, the effectiveness and all of the problems that are associated with the NET Office including pay equalization and all these other things that we have been hearing about ever since I have been elected. Mr. Garcia -Pedrosa: Commissioner Teele, I am interpreting your... your motion to be really much broader than any particular issue. I think, if I understand you correctly, and that could very salutary because I don't think it's ever been done, to my knowledge. 132 April 14, 1998 Vice Chairman Plummer: It hasn't. Mr. Garcia -Pedrosa: I think you are asking us to take... Well, if I may borrow a page from item 31? Vice Chairman Plummer: Yeah. Mr. Garcia -Pedrosa: I think you are asking us to do a thorough analysis and ultimately a strategic plan, an operational plan for the NET system. And, and... Commissioner Teele: That's exactly what I am saying. But what I am also saying is that listening to what Commissioner Plummer is just saying, what I have heard Commisisoner Regalado and Gort saying every since I have been on this Commission. We need to say to you, Mr. Manager, that our number one priority for staffing is the NET Offices and the NET operations. And I don't think that's ever been said to you, because otherwise we wouldn't have NET offices that don't have inspectors. If you go to the NET office, and I don't know if they are winers or complainers, or if they are just telling us like it is. But there is no reason why any NET office, given the way all five Commissioners on this Commission are saying and speaking that this is our priority, there is no reason why any NET should be short of any personnel or for that matter resources. And, and I think, Mr. Charles, not to draw from him is right, that we need to figure out how to implement a strategic plan that says we are going to keep the City clean, not as an emergency on a four -fifths vote, but that's a part of what we want to do. And Commissioner Gort or Commissioner, Commissioner Hernandez, I really would like for you all to say how you feel because I... Commissioner Gort: Let me tell you, I think what we need to is set up a standard. Unidentified Speaker: You are right. Commissioner Gort: I think the concept is great and it works beautifully when you have the right people. So, I think there is a need when it comes to strategic planning and when it comes to setup standards of performance in each of the NET offices, and each should be staffed in the same way in everyone of them. And like I said, some neighborhoods need more work than others. I can tell you, my NET office in my district are working very good. I am staying on top of them all the time, but they all need some support also. They all need it. Commissioner Teele: Would you yield...? Would you yield on that point? Commissioner Gort, your NET office has stolen virtually every good person that I have heard about that used to be in the NET offices of the districts. So, yes, I am sure... Commissioner Hernandez: Yeah, its working great. Commissioner Teele: Yours are doing very, very, well, and I comment you for that. What I am trying to do now is... Commissioner Gort: I have been lucky. Commissioner Teele: ... get the Manager to have five NET offices like the one that you have got. Commissioner Gort: I agree with you. I think they all should have the same standard. Anyone else? Commissioner Regalado: I... I think that since I got here, I... my main priority was the NET offices. I... And I know that all Commissoners feel like that, and I know for a fact that all of this 133 April 14, 1998 Commission, all of the members of this Commission know exactly what their NET office is doing, know that Commissioner Hernandez does, Commissioner Teele, Commissioner Plummer and Gort and myself. I am really proud of several NET offices. And I used to be in charge in the past administration of the NET, and I know, I visited all the NET offices and I know what they do. What I think they should not do is harass people. I mean, they should take care of the quality of life. And quality of life is in the graffiti. Quality of life is the illegal dumping. But the problem with the illegal dumping, and the problem that we had had in the past with the NET office is that somebody comes during the night and drops an illegal trash in front of the house. And then one of our inspectors go there and ticket the owner of the property. I will tell you what happened to me once. I took a former City official on a ride to show him some old mattresses in front of the house, and that City official said, "but that's illegal." And there were also, in front of that house, some construction material, and the City official said, well, that's illegal. We have got to get an inspector to ticket that property owner." And that property happened to be me. Vice Chairman Plummer: Oh, oh. Commissioner Regalado: It was my house. Vice Chairman Plummer: Oh, oh. Commissioner Regalado: Somebody... Somebody during the night... Vice Chairman Plummer: Oh, oh. Commissioner Regalado: .... dropped some construction materials... Vice Chairman Plummer: OK. Commissioner Regalado: ... and some old mattresses in front of my house. Vice Chairman Plummer: Well, let me tell you... You want to see...? Commissioner Regalado: Now my question is, how can we...? How can we judge? And I have seen cases, and I really want to commend Joe Pinon because he's a... he has solved some of these cases. People drop illegal trash in front of houses and then we have property owners being ticketed. And... and that's a problem that we cannot solve. I know it's a very difficult problem to solve. Vice Chairman Plummer: I'll give you a good one. Go down just before the boats on the river are ready to sail. And all of the stuff that they don't want to put on the boats goes on the streets. And my friend, I want to tell you, the day after they sail, the streets along River Drive on both sides are absolutely covered with all of the rejects of what they wanted to take out in the boats. Mr. Manager, I also want to tell you that I drove down there Sunday, the boats all leave on Sunday afternoon. And I want to tell you, you would be surprised at what is going out on those boats. About... In my opinion, and I am not a policeman, I would like to be, but I am not. Half of the stolen merchandise in this town is going out on those boats. Commissioner Regalado: Yeah, but J.L., we have been... Vice Chairman Plummer: Televisions, generators. I watched generators going on those boats. I still don't know where they are getting the thousands of bicycles. I mean, thousands. If everybody in that country has 25 bicycles, they are still taking them down there. Mr. Manager, it is... You know, I am... If they doing legitimate business, God bless them. But I want to tell you, when they start dealing out of the back of Mercedes as I watched yesterday, it's got to tell me 134 April 14, 1998 something. And with one of those boats that are going out with 14 Blazers with the lowjack singing the National Anthem, OK, covered with mattresses, it's got to tell you something. Now, we can laugh about it, but if they can't fence that stolen material they are not going to steal. And I would just hope that in some way, shape or form that we could start putting some heat on these people because it's... it's incredible. ---------------------------------------------------------------------------------------------------------------- 38. AUTHORIZE CITY ATTORNEY TO ENGAGE SERVICES OF OUTSIDE COUNSEL IN AN AMOUNT OF $10,000 FOR SERVICES RELATED TO THE DETERMINATION OF WHETHER THE DEPARTMENT OF OFF-STREET PARKING CAN USE EXCESS FUNDS FROM BOND DOCUMENTS IN A WAY TO FINANCIALLY BENEFIT THE CITY; FURTHER AUTHORIZE THE DEPARTMENT OF OFF-STREET PARKING TO ENGAGE BOND COUNSEL OF HAWKINS, DELAFIELD AND WOOD FOR SAME. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Let's go. Item 32. Mr. Jose Garcia -Pedrosa (City Manager): This is a resolution authorizing the Department of Off -Street Parking to engage bond counsel, and to come back with some proposals to the City with respect to their operations. Vice Chairman Plummer: Mr. Cook. Mr. Clark Cook (Director/Off-Street Parking Department): Clark Cook, 190 Northeast 3rd Street. We would appreciate it, if the Commission would allow us to hire a bond counsel. We would suggest, if you... if the City... Vice Chairman Plummer: Is there a motion? Commissioner Gort: Mister... As you all recall, you all put me in charge to deal with the Off - Street Parking, to try and negotiate with them, and to bring the best deal. Vice Chairman Plummer: What's your motion? Commissioner Gort: They have asked me to give them 30 days, and they need this bond counsel to duly come up with the plans. My motion is to move it. Commissioner Hernandez: I second the motion. Under discussion. I have a question. Vice Chairman Plummer: Under discussion. Motion... Commissioner Hernandez: Do you have a bond counsel in mind already? Mr. Cook: Commissioner, I would like to suggest... Our board talked about that at our last meeting. We suggested Holland and Knight, because they were most familiar with bonds. They can do it the quickest. We are not in love with any bond counsel, but I would recommend Holland and Knight, if the City has no... if the City Attorney has no objection. Commissioner Gort: My understanding is, that you have... they need to use the one that we have in our rotation. And, I think that's one of the firms. Am I correct? 135 April 14, 1998 Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Holland and Knight is in the rotation. Mr. Cook: Yes, Holland and Knight is on rotation. Mr. Maxwell: And, Holland and Knight is the firm with experience over that. Commissioner Hernandez: Well, they are the most familiar... Mr. Maxwell: Yes. Mr. Cook: Yeah, yeah. Commissioner Hernandez: ... and they are in the rotation, then we should go with Holland and Knight. Mr. Cook: I would appreciate that. Vice Chairman Plummer: All in favor say "aye." The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-370 A RESOLUTION AUTHORIXING THE CITY ATTORNEY TO ENGAGE THE SERVICES OF OUTISIDE BOND COUNSEL, IN AN AMOUNT NOT TO EXCEED $10,000, FOR SERVICES RELATED TO THE DISCONTINUANCE OF THE DEPARTMENT OF OFF-STREET PARKING NAD THE CREATION OF HTE DEPARTMENT OF PARKING OF THE CITY OF MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAM AND ACCOUNTS, ACCOUNT CODE NO. 92-1002-270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Vice Chairman J.L. Plummer, Jr. Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: Hold it, hold it, hold it. Commissioner Hernandez: Hold on, hold on. Commissioner Regalado: Clark. Clark, Clark, Clark. 136 April 14, 1998 Vice Chairman Plummer: I am sorry. Commissioner Hernandez: Under discussion. Vice Chairman Plummer: There is more discussion. Mr. Teele. Commissioner Regalado: Go ahead, Commissioner. Vice Chairman Plummer: Oh, Mr. Regalado. Commissioner Regalado: Just a question. What do we expect to get in terms of answers from the bond counsels? Mr. Cook: We have to determine whether or not we can use the excess as a flow of funds to the City, or that the bond, actual bonds documents are written in such a way that we can't do that. That's the answer we expect to get. Commissioner Regalado: So, if they say, no, you can't, then you are coming back with an answer? Mr. Cook: Yes, sir. Commissioner Regalado: OK. Mr. Cook: I'll come back with an answer. We are going to try to be creative, and find a way to help the City in this area. We have been asked to... Commissioner Gort and several... and practically all of you, Commissioners. And, we intend to get some resolution to this, as quickly as possible. Commissioner Regalado: OK. How creative are you going to be? Vice Chairman Plummer: Huh. Commissioner Gort: They have to be very creative. They are aware of that. Mr. Cook: Only creative enough within the legal parameters. Mr. Garcia -Pedrosa: But, the issue of the bond counsel is a vehicle, is a help. Mr. Cook: That's right, it helps us do that. Commissioner Gort: Right. Mr. Garcia -Pedrosa: The real issue is, they are coming back to us in 30 days with a proposal. Commissioner Hernandez: A plan. Commissioner Gort: Yeah. Mr. Cook: Yeah. Vice Chairman Plummer: Any further questions? Commissioner Teele: Question. 137 April 14, 1998 Vice Chairman Plummer: Mr. Teele. Commissioner Teele: First of all, Mr. Manager, this item is under your sponsorship, is that right? Mr. Garcia -Pedrosa: Yes, at the request of Commissioner Gort. Commissioner Teele: OK. Has... This is a very important issue. Has - What is the Mayor's view on this? Has the Mayor given his views on this? Vice Chairman Plummer: He has expressed to me personally that he wishes to see this proceed. Commissioner Teele: No, I am not concerned about this item proceeding. I am trying to understand where we are going here. Is the Mayor in support of the notion that... The resolution that is attached to this... Vice Chairman Plummer: Can I try and answer for you? I can tell you, without question... Commissioner Teele: Yeah, I really would just like to hear from the Manager... Vice Chairman Plummer: Oh, I thought you were... Commissioner Gort: No, he is looking... Commissioner Teele: ... as to how the Mayor and he are reacting on this. This is a big ticket item. This is a big deal. Commissioner Gort: Well, I think you have to explain the difference between this one and this one. Commissioner Teele: Say again. Commissioner Gort: The background material that you have in the book compared to the... Mr. Garcia -Pedrosa: Yeah, the original item in the book, and perhaps this is what's causing some confusion, was a proposal that would have made the department's operations come under a City Department. That has not been... gone forward, because as Commissioner Gort explained, when you asked him to look into this whole area and try to offer some suggestions, in his discussions with the department, and Mr. Cook, it was decided that the better approach would be to allow the Department of Off -Street Parking to engage bond counsel, to explore some alternatives, and to come back to you in 30 days with some suggestions. Now, at that point, you will have the opportunity to decide whether you want to have a department take over the... Commissioner Teele: OK. That... Mr. Garcia -Pedrosa: ... function or some other functions. Commissioner Teele: You have clarified and I appreciate. Because, the original resolutions that I have read and studied are distinguished now. Now, let me ask this of Commissioner Gort. And, let me commend you, because, you know, we all sit up here and do what we can, and we don't get compensation. And, this is really, I think, a lot of staff work and management consideration. Why...? Would you consider changing this resolution to engage the bond counsel that we already have? You see, we have bond counsel. And, let me tell you what my concern is. 138 April 14, 1998 There may be a reason that you don't want to do it this way. But, this Commission approved bond counsel. It was the same bond counsel that we have had before. Washington D.C. firm. Is that right? Commissioner Hernandez: Yes. Commissioner Teele: And, see, my concern is, if we start hiring outside counsel, I can tell you what this could wind up being. Commissioner Gort: No. My understanding is, we are not hiring outside counsel. My understanding is, we have a rotation. My understanding is that... Commissioner Teele: No, we have one bond counsel right now. Vice Chairman Plummer: No. Commissioner Teele: And, that's a Washington, D.C., firm. It has a joint venture of three. It's three firms in it. In fact, Mr. Holtzman, I think is a component of that firm. And, does this resolution imply that firm will be used to do it? Commissioner Gort: No, no. My understanding is, that the... It was preference given to Holland and Knight. They have worked on this before. Mr. Joel E. Maxwell, Esq. (City Attorney): Mr. Chairman... Mr. Vice Chairman. Vice Chairman Plummer: Mr. City Attorney. Mr. Maxwell: No. I... the resolution before you does not specifically mention or identify a firm, but it would be incumbent upon you now to identify a firm or at least approve a firm for use. Commissioner Teele: My only issue with Commissioner Gort. I will do what you want to do, Commissioner Gort, because you have been doing the work on this. But, let me just tell you one experience that I had. We have got a bond counsel. It's a disinterested bond counsel to a great extent. It's a Washington, D. C., firm that doesn't do work for the County, doesn't do work for Off -Street Parking, doesn't do work for anybody. I would much prefer to use that firm, and I have never met with them, other than the one time they came here. Because, I think if you get two bond counsels involved... If the City now has to go and review their work with our bond counsel, I think, you know, we are going to wind up into what, you know, is a Philadelphia discussion. I would strongly prefer to see the bond counsel that has been selected by the City before I got here. It was the people that are here do this work. And, that way, I think, we can ensure that we will not have a separation between the City and Off -Street Parking on the legal issues, and the legal approach. Vice Chairman Plummer: All right, let's get off the nickel. Mr. Gort, he'll respect your opinion? Commissioner Gort: Yeah. I call it on the... I don't have any preference on which bond counsel. I just want to make sure whoever we use can do the job that best serves the City of Miami. Commissioner Gort: So, I don't have any problem with it. Vice Chairman Plummer: So, what do we do, flip a coin? 139 April 14, 1998 Mr. Maxwell: No. Vice Chairman Plummer: Mr. City Attorney. Mr. Maxwell: Under Section 23 of the Charter, the process for any legal counsel for Ott -Street Parking is that the board makes a recommendation, they make a request. The City Attorney under the Charter has to approve, and then the City Commission has to approve. Vice Chairman Plummer: Mr. Cook. Mr. Maxwell: So, unless you... Unless, Mr. Cook has been given that specific authority on to... today, approve any firm that the Commission may place forward, and assuming the City Attorney also approves of that firm, we would have to go back to the board probably. Vice Chairman Plummer: The Chair is open for a motion, and less discussion. Commissioner Teele: I would second Commissioner Gort's motion without a law firm being named. Mr. Cook: I know. Vice Chairman Plummer: OK. Mr. Maxwell: Then, I would have to come back again. You do understand that? Vice Chairman Plummer: Then, you have accomplished nothing. Mr. Maxwell: Yeah, you would... I would have to come back to you. Commissioner Gort: Do you have...? Vice Chairman Plummer: Excuse me, Mr. Gort, give us a name please? Commissioner Gort: Do you have any problem in utilizing the bond counsel that we have? Mr. Cook: You know... and I have no problem using any... I am not in love with any bond counsel. My only suggestion was Holland and Knight... Vice Chairman Plummer: Give me a name. Commissioner Teele: Whose the name for the bond counsel for the City, now? Mr. Garcia -Pedrosa: Hawkins Delafield and Wood. Vice Chairman Plummer: That's now incorporated in the motion. Is there any further discussion? All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous. Mr. Maxwell: Excuse me. Vice Chairman Plummer: Sir. 140 April 14, 1998 Mr. Maxwell: I would prefer that the record indicate that the executive chairman of Ott -Street Parking has agreed... Vice Chairman Plummer: He agreed to it. Mr. Cook: I... Vice Chairman Plummer: He did. Mr. Cook: I agree. I agree if that's... that's satisfactory. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-371 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE SERVICES OF HAWKINS, DELAFIELD, AND WOOD AS OUTSIDE BOND COUNSEL, IN AN AMOUNT NOT TO EXCEED $10,000, TO REVIEW THE DEPARTMENT OF OFF-STREET PARKING (DOSP) BOND DOCUMENTS; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF OFF-STREET PARKING, ACCOUNT NO. 1500.8160. (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 Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 39. AUTHROIZE SETTLEMENT: REBEKKA BUCHKALT ($60,000.00) AND JAMES HANNON ($9,000.00), COURT CAse 96-12493 CA (21) -- ALLOCATE FUNDS FROM ACCOUNT CODE 515001.424401.6.652. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: All right, item 34. Mr. City Attorney. Commissioner Gort: What happened to 33? Vice Chairman Plummer: Didn't... Wasn't that 33? Commissioner Hernandez: Thirty-two. 141 April 14, 1998 Mr. Walter J. Foeman (City Clerk): It's thirty-two. Commissioner Gort: No, that was 32. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yeah, this is seeking approval... Vice Chairman Plummer: I am sorry, we are on 33, another settlement with the Law Department. Mr. Maxwell: Thirty-three is also a settlement of the lawsuit. Vice Chairman Plummer: Is there a motion on 33? Commissioner Hernandez: Motion. Moved. Vice Chairman Plummer: Is there a second? Is there a second? Commissioner Regalado: Second. Vice Chairman Plummer: Second. Any further discussion on 33? All in favor? Is it a resolution? Mr. Maxwell: Yes, it is. Vice Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposed? Show it unanimous. 142 April 14, 1998 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-372 A RESOLUTION AUTHORIZING THE DIRECTOR OF FIANCE TO PAY REBEKKA BUCKHALT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $60,000.00, AND JAMES HANNON, THE SUM OF $9,000.00, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MAIMI, IN CIRCUIT COURT CASE NO. 96-12493 CA (21), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATION FUNDS THEREFOR FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.424401.6.651. (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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------- 40. DEFER CONSIDERATION OF AGENDA ITEM 34 (PROPSED SETTLEMENT: MILAGROS AND ERNESTO DEL CASTILLO) -- SEE LABELS 66B AND 68. Vice Chairman Plummer: Thirty four. Another settlement. This is the one on the palm tree. No. Mr. Joel E. Maxwell, Esq. (Interim City Manager): No, sir. The first was the palm tree. This was a police... I am sorry, this is the palm tree now, you are right. Thirty-four is the palm tree. Vice Chairman Plummer: OK, this, you know. We got to do... Commissioner Teele: I'm not. I'm not going for this. Vice Chairman Plummer: Eh? You are not going... And I don't want to go for this. I think it's crazy. I really think that because it was a palm tree that we are liable. Well, what do you want to do? Then somebody give me a motion. Commissioner Gort: Excuse me. Which item are we on now? 143 April 14, 1998 Vice Chairman Plummer: Thirty -tour. Commissioner Hernandez: Thirty -tour. Mr. Maxwell: We were found 50 percent liable on this one. Vice Chairman Plummer: I need a motion on 34. Commissioner Teele: How much is this going to cost the City? Vice Chairman Plummer: Twenty-three thousand. Commissioner Gort: No. Mr. Maxwell: No, sir. Commissioner Gort: One hundred and eighty... Mr. Maxwell: There is one hundred thousand dollar ($100,000) cap on this. Our cap... Our soverign immunity cap on this is one hundred thousand dollars ($100,000) in the first page of the resolution... Commissioner Hernandez: Sovereign immunity, but they can go to a claims bill, if they want. Commissioner Teele: Who is the outside counsel on this? Unidentified Speaker: There is no outside... Commissioner Teele: Who is counsel on this? Mr. Maxwell: The City represented itself in this case, sir. We were the attorneys on that case. Commissioner Teele: And we got a judgment against us? Mr. Maxwell: Yes, sir. Commissioner Teele: Has the time for appeal expired? Mr. Maxwell: Yes. There were no appealable issues, in our opinion, on this case. It's a question of fact, not of law. Vice Chairman Plummer: I thought it was as standing policy of this Commission that any lawsuit was appealed automatically until determined by this Commission. Mr. Maxwell: No, sir. We notifiy you of the case, and if you don't say... if you don't tell us to appeal, we don't appeal. You were notified of this decision as well. Vice Chairman Plummer: All right. Commissioner Teele: I move that the item be defered. Vice Chairman Plummer: The item be deferred. Is there a second? 144 April 14, 1998 Commissioner Hernandez: Second. Vice Chairman Plummer: Is there a second? Commissioner Hernandez: Second. Vice Chairman Plummer: Seconded. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-373 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 34 (PROPOSED PAYMENT TO MILAGROS AND ERNEST TO DEL CASTILLO $100,000 AND $10,000, RESPECTIVELY, AS JUDGMENTS AGAINST CITY). [Note for the Record: This issue was later passed by the Commission as Resolution No. 98-405.] Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 41. AUTHORIZE EXECUTION OF JOINT PARTICIPATION AGREEMENT -- FOR CITY TO APPLY FOR U.S. HUD SECTION 108 LOAN GUARANTEE TO REPLACE EIGHTY PERCENT OF MIAMI-DADE COUNTY'S SECTION 108 LOAN GUARANTEE -- FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND -- SEE LABEL 64. Vice Chairman Plummer: Thirty-five. The squark box. The Parrot Jungle. Mr. City Manager. Mr. Jose Garcia -Pedrosa (City Manager): This is a resolution authroizing the execution by me on behalf of the City of a joint participation agreement with Metropolitan Dade County with reference to the Section 108 loan. The last time you discussed this matter, you instructed me to go back the Interim County Manager and try to work something out that would be agreeable to the County. I want to say, Commissioner Plummer, because you were clear on this, that there seems to be some question on this issue. I cannot represent to you that we have final 100 percent signoff from the County. But I did speak with Mr. Stierheim and we agreed on the following? 145 April 14, 1998 Commissioner Gort: Move it. Mr. Garcia -Pedrosa: That the County... the City rather should either four years from now or from the approval of the application of the County, or when the State Financial Oversight Board is dissolved, whichever comes earlier, the City will substitute itself or apply to substitute itself as guarantor from 80 percent of the Section 108 loan. Now that's never been controversial. The question was, what happens with respect to the... Well, actually, that was one of the issues and it's been resolved by either four year or the end of the Oversight Board term. Now, the other issue had to do with the possibility of late default, and what Mr. Stierheim and I agreed is as follows. In the event that there is a default, the City shall, if you will, reimburse the County on a proportional basis for that default as follows. As you know, we receive rental payments from Parrot Jungle. We will receive rental payments. And the County gets one hundred thousand dollars ($100,000) a year for their parks. We will compare our rental payments... Commissioner Teele: That's a horrible deal. Mr. Garcia -Pedrosa: ...net of what we have to pay the State with the one hundred thousand dollars ($100,000) that the County receives. And on that proportional basis, be liable for any default with a cap of the net rental payment. Meaning that, we can never lose money, the most we can do, if there is a default four years or more from now, is to lose the rental payments themselves. And, finally, at that time we also, of course, agree to subordinate our lease payments once we become the 80 percent guarantors. Mr. Maxwell: What now? Vice Chairman Plummer: Tell us the difference between item 35 and 36, and 37. Thirty-seven is the zoning aspect... Mr. Garcia -Pedrosa: Thirty-five is the... Thirty-five is simply the agreement with the County that I just described. Vice Chairman Plummer: All right, 36. Mr. Garcia -Pedrosa: Thirty-six is the approval of the development plans for Parrot Jungle. Vice Chairman Plummer: And 37, is the zoning item? Mr. Garcia -Pedrosa: Thirty-seven is the Major Use Special Permit. Vice Chairman Plummer: OK, so we are basically talking to three items, 35, 36 and 37. City Commissoners have the right for discussion on any of the three items. Commissioner Regalado: Under discussion. Vice Chairman Plummer: Under discussion, Mr. Regalado. Commissioner Regalado: I, on item 35, I think that if we keep going back and forth to the County this project would never get off the ground. I, somebody may say, well, it could be risky for the City of Miami. I feel that if, if we don't ever buy a lottery ticket we will never win, and if we don't take a small risk this project would never be a reality. And, I'll tell you, I feel so proud when I see construction in Watson Island. This... this Saturday, I'll be with my family cleaning Watson Island and I see that area as part of the future of Miami. I would... I would hope that Mr. Levine would start work as soon as possible. I would hope that people would be employed. I 146 April 14, 1998 would hope that the people that travel to Miami Beach will see that the City is doing something in terms of construction. I would hope that the County would work with us. So, I am... I am willing to participate... Vice Chairman Plummer: All right. Commissioner Regalado: ... in this risk, if there is any risk. Vice Chairman Plummer: Any other discussion by any of the Commission? Mr. Gort. Commissioner Gort: Thank you. I like the cash flow projections that they have. I think they are being very conservative on it. I think that would be a very successful event and I think it would be great tourist attraction especially with the Convention and Visitor Bureau's information headquarters being there. I think we have seen all kinds of ideas and proposals for Watson Island and I think this is one of the best that we can do with. And I think it could a great revenue production for the City Miami. I think we got to move on this and get it going as quick as possible. Vice Chairman Plummer: All I want to know is, if Mister... if in default, Mr. Levine has enough money to be buried in my funeral home? Not enough. OK. Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Chairman, this is undoubtedly one of the best projects that the City will be involved in, of all the projects that are under construction and all the talk we do about the various projects. This is one of the few projects that is actually going to generate tourism dollars. The Arena, I love, it's a great idea. But, you know, the people that are going to go to the Arena live here and they are not going to go stay in hotels, and they are not going to be involved in the bsiness of what Miami is about which is heads and beds and that kind of thing. Sun and sand. The concern that I have about this project is well established, and I just have to say to my colleagues, you know, we are being pac-manned here. And just so that the record is real clear, this was a County 108, you know. And the Commissioners who went down there know what I am talking about. This 108 was a 108 that the County said it was going to do. Is that right, Mr. Manager? Mr. Jose Garcia -Pedrosa (City Manager): Uh-huh. Commissioner Teele: That's how this started out. Mr. Garcia -Pedrosa: Sure. Commissioner Teele: This was not a City 108. This 108 is going to consume about 50 percent of all of the 108 capacity of the City when we take them out, is that right? Mr. Garcia -Pedrosa: That's about right. Yes, sir. Commissioner Teele: OK. Just so that the record is clear. And I think that's a risk. To me, the issue is not a risk. I think it's a good risk. I think it's a risk that the City and the County really ought to take. But I got to tell you guys, you know, this is... big brother is eating your lunch. And, you know, I am not used to people eating my lunch for me. I don't come from that kind of school. And what this has turned into, is the County has now taken their 108, flipped it back to us, we are basically going to be on the hook, which means we are not going to be able to use our 147 April 14, 1998 108 capacity in poor communities. And I am going to be very candid with you, I am going to be pushing 108s forward, because I can tell you what's going to happen. If we all sit back and do nothing, this 108 is going to basically shut down the City's 108. The County, the federal government is not going to let you use 100 percent of your 108 authority. And what we are purporting to do now is to contract away our rights for future 108s. I really believe that this Commission ought to get the guts and the courage to work with the... Mr. Levine, but to basically say to the County, live up to the deal and at the end of four years, we'll take this up. What this says is not we'll take it up in four years, it says, we'll be substituted in four years. Is that right, Madam Attorney. Ms. Linda Kearson (Assistant City Attorney): That's correct, Commissioner. Commissioner Teele: So that's the sticking point of where this thing blew apart before. We are in effect signing up the 108 right now, and I have got to tell you, there is no... I don't question with anyone's vote. Anyone can vote for this and feel proud about it, and feel good about it. It's not a question of is this a good vote or a bad vote. This is a just a question, quite frankly, that you are spending other Commissioners' monies right now. You are spending money well into the future in terms of the commitment of the 108. 1 think the County would approve this 108. And the problem with the City of Miami with its relationship with the County over the years, and I have sat on both sides of this table, is I got to tell you, we're... we're projecting ourselves as being not nearly as serious and as nearly as hard driven about these kinds of things as the County is. This is a County 108 being flipped to the City of Miami. So let's be very clear about what's happening here. And the City of Miami doesn't have the capacity that the County has. The County has got two and a half times the... the capacity that the City has for 108s, or at least two times the capacity. So I just don't understand why the Manager would bring this back. This essentially is the same document as we had before whereby I would support this document if it said, in four years or after the Oversight Board is done, we will take up the 108 and we will come up with an agreement with them. But to contract now an agreement, I just have to tell you is a borderline kind of decision from the neighborhoods and the communities that I represent. Having said that, I think the 108, I mean, I think the project is a great project. I am just befuddled. I am confused as to understand how this Commission can let the County pac-man the whole City 108 process, and that's what this is. This is a pac-man process where you know, all of a sudden they turned around and eaten us up, and we were down there chasing, trying to support the 108 for the County, and the next thing they turned around and say, "OK, you do the 108." This isn't the way it should work, and I just got to tell you, I think that the County would go forward if we did not do this. The other part that's really troubling is that they didn't substitute themselves out for the two million dollars ($2,000,000). I mean, when they pac- manned us, they didn't even leave us the droppings. They... How much does this require that Metro Zoo be paid? Vice Chairman Plummer: One hundred and... Commissioner Regalado: One hundred thousand a year. Commissioner Teele: What's the total amount of money going to MetroZoo? Vice Chairman Plummer: It's the avairy. Ms. Christina Cuerevo (Assistant City Manager): I would prefer that Parrot Jungle actually give that answer. But what we have been told, it's on an escalating scale and it's one hundred thousand a year. But that would be... The one hundred thousand would commence at some time in the future. Vice Chairman Plummer: Well, it's not all dollars either. There is soft dollars involved. 148 April 14, 1998 Commissioner Teele: Well, but money is money. I mean, you know, one hundred thousand is one hundred thousand. Vice Chairman Plummer: No, that's not true, because some of it is in -kind, if it's birds. Commissioner Teele: Look, when we take thhem out in four years, does the money come now to the County... to the City or does the money keep going to the County, huh? Vice Chairman Plummer: It would come to the City if we are the obligation. Commissioner Teele: Does the clause that reverts to them...? Commissioner Regalado: No, you are right. It should end. Ms. Cuervo: Commissioner, are you asking about the donation to the aviary? Mr. Garcia -Pedrosa: The one hundred thousand dollars ($100,000)? Commissioner Teele: Does the hundred thousand...? Ms. Cuervo: It goes to the County. Commissioner Teele: Look, the County cut themselves a good deal. Now, I just going to stand in the County's shoes... Mr. Garcia -Pedrosa: Commissioner, the answer is, it goes on for 20 years... Vice Chairman Plummer: To the County. Mr. Garcia -Pedrosa: ... to the County. Ms. Cuervo: To the County. Vice Chairman Plummer: To the County. Commissioner Hernandez: So we're... We are liable and they get the money. If we are Vice Chairman Plummer: That's the commission we are paying, that he is paying to the County. Commissioner Hernandez: Feel good. [phonetic] Commissioner Teele: What was that old song? Commissioner Gort: No, we are paying. Vice Chairman Plummer: We are paying. Commissioner Gort: We are partners in this. Commissioner Teele: What was that old country and western song. Vice Chairman Plummer: All right, let's... Sir, do you wish to speak on this issue? 149 April 14, 1998 Mr. John Ballou: I do. Actually, on... Commissioner Teele: She got the gold mine. Yeah, how's that thing? She got the gold mine and I got the shaft. Vice Chairman Plummer: That's it. No, you got the bird. Sir, do you wish to speak for...? Mr. Ballou: Actually, on component 37 of the three components. Vice Chairman Plummer: Well, you can speak on any one of the three since they are related. Please give us your name, your mailing address, and you have two minutes, sir. Mr. Ballou: It's John Ballou. The address is 801 North Venetian Drive, and I am here representing the Venetian Causeway Neighborhood Alliance. We also are very confused about why this City should play any role in picking up this guarantee on this... on this issue. But my principle reason for being here is to speak to one component of item 37 which relates to a report or an exhibit here by the Urban Development Review Board. On their meeting of February 11th, they said that one of the concerns or conditions they had was that the issue of the potential noise intrusion be carefully studied and appropriately buffered so as to ensure that the impact to adajacent residential neighborhoods is minimized and kept at acceptable levels. We understand that Mr. Levine has contracted with an accoustical engineer to provide them with input on this and we would like to elicit a promise from Parrot Jungle to get a copy of that report when that report is submitted to their... to Parrot Jungle and to the architect. So that's... that's what we are here to ask for. Vice Chairman Plummer: All right, sir. Do you have anything further that you wish to add? Mr. Ballou: No. Vice Chairman Plummer: Thank you, sir. Anyone else wishing to be heard on this issue? Sir, are you standing back there for a reason? Mr. Hakki Koroglu: I am the architect for this project. Just in case you have any questions. Vice Chairman Plummer: All right, sir. We don't have any problem with the architect. Is there any other discussion by any member of the Commission on 35, 36, or 37? Is anyone wishing from the public to discuss 35, 36 or 37? Hearing none, is there a motion on 35? Hello? Commissioner Gort: Move it. Commissioner Regalado: Move it. Vice Chairman Plummer: Moved by Mr. Gort, seconded by Mr. Regalado. Commissioner Teele: Question. Vice Chairman Plummer: Question by Mr. Teele. Commissioner Teele: I would like for Mr. Levine to consider that if and when the City, not when but, not if, but when the City assumes the 108, will you work with our Parks Department and develop some type of teaser activity or activities that may... that may be appropriate in a downtown area, a downtown configuration as a way of supporting the... our efforts to revitalize Parkwest and the downtown area. 150 April 14, 1998 Vice Chairman Plummer: Mr. Levine, will you come to the microphone, please? Commissioner Teele: Would you consider doing that when we get around four years from now to substituting ourselves out? Mr. Bern Levine: Commissioner Teele, I don't know that... if you are aware in the lease, we are upfronting three hundred thousand dollars ($300,000) for the City of Miami Parks for the Japanese Garden to begin this project, and so I think when the time comes, we will do our part. I am not going to commit anymore than we have presently, but we will do our best to work with a lot of different parts of the parks. Vice Chairman Plummer: Any further discussion? All in favor of 35, say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? Hearing none. Unanimous. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-374 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN A SUBSTANTIALLY THE FORM ATTACHED, SETTING FORTH THE CONDITIONS UNDER WHCIH THE CITY OF MIAMI SHALL APPLY FOR A U.S. HUD SECTION 108 LOAN GUARANTEE TO REPLACE 80% OF MIAMI-DADE COUNTY'S SECTION 108 LOAN GUARANTEE IN CONNECTION WITH THE FINANCING EQUEST BY PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. (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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 151 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 42. AUTHORIZE APPROVAL OF DEVELOPMENT PLANS -- FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND. Vice Chairman Plummer: Thirty-six. Is there a motion? Commissioner Hernandez: Move it. Vice Chairman Plummer: Moved by Hernandez, seconded by...? Seconded by... Commissioner Regalado: Me. Me. Vice Chairman Plummer: ... Gort. Commissioner Regalado: Well. Vice Chairman Plummer: Anyone wishing to discuss item 36, Commission or public? All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show unanimous. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 98-375 A RESOLUTION APPROVING THE DEVELOPMENT PLANS FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND, ON FILE AT THE DEPARTMENT OF PLANNING AND DEVELOPMENT, IN ACCORDANCE WITH SECTION 4.3(A)(1) OF THE LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 2, 1997, BETWEEN PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. AND THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 152 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 43. GRANT MAJOR USE SPECIAL PERMIT -- FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND, TO BE LOCATED AT 901 MacARTHUR CAUSEWAY ON WATSON ISLAND. Vice Chairman Plummer: Thirty-seven. Commissioner Regalado: Move it. Vice Chairman Plummer: Moved by Regalado, seconded by Hernandez. Any further discussion by any member of the Commission or the public? All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Show unanimous. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-376 A RESOLUTION WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 4, 13 AND 17 OF ZONING ORDINACE NO. 11000, FOR THE PARROT JUNGLE AND GARDENS PROJECT, TO BE LOCATED AT 901 MACARTHUR CAUSEWAY ON WATSON ISLAND, MIAMI, FLORIDA; TO BE COMPRISED OF A VISITOR ATTRACTION AND BOTANICAL GARDEN WITH NOT MORE THAN 172,444 SQUARE FEET OF VISITOR ATTRACTION SPACE WITH ACCESSORY COMMERCIAL SPACE AND 588 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR N EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 153 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 44. GRANT PERMISSION TO PROCEED WITH COCONUT GROVE WELCOME CENTER LOCATED AT 2820 McFARLANE ROAD -- FURTHER STIPULATE THAT CENTER WILL PAY UTILITIES BEGINNING OCTOBER 1, 1998. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Item 38. Mr. City Manager. Mr. Jose Garcia -Pedrosa (City Manager): This is a discussion item concerning the Coconut Grove... Vice Chairman Plummer: I would ask you please to exit quietly. We have a long agenda. Thank you. Mr. Garcia -Pedrosa: The Coconut Grove Chamber of Commerce Welcome Center that you wanted brought back to you. Let me ask, Dena Bianchino to make a brief presentation. Ms. Dena Bianchino (Asst. Director/Asset Management): Yes, Commissioners, six months ago you approved the Coconut Grove Chamber of Commerce opening a Welcome Center in exchange for us not raising their rent. They are here to report to you today, on their progress, and at that time we had asked that the Chamber be required to pay utilities. You asked that that be brought up again, today. So I... Vice Chairman Plummer: What is your recommendation? Ms. Bianchino: I recommend that they pay their utilities. Vice Chairman Plummer: Are they in favor of that? Mr. Ivan Fernandez: Good afternoon, Mr. Plummer. Ivan Fernandez, president of the Chamber. We are not in favor paying utilities at this time because we do not have any control over the utilities that are being used on our side. We are expending a substantial quantity of money to... Vice Chairman Plummer: How much are the utilities? Ms. Bianchino: They... We have done an analysis on a square foot basis, between the NET (Neighborhood Enhancement Team) office and the Chamber and the storage space and their share is 27 percent of the cost. Vice Chairman Plummer: How much is that roughly a month? Ms. Bianchino: It's three hundred and fourteen... Three hundred and fourteen dollars ($314). Vice Chairman Plummer: A month? Ms. Bianchino: Yes, sir. We are paying... The NET is paying eight hundred and fifty dollars ($850) a month. Vice Chairman Plummer: For electricity and what else? Ms. Bianchino: And water. 154 April 14, 1998 Vice Chairman Plummer: You are talking about twelve hundred dollars ($1,200) a month? Commissioner Gort: Eight hundred. Ms. Bianchino: Those are the bills. Yes, sir. It's a glass building for one thing. Vice Chairman Plummer: Well, then turn off the air-conditioning. No, put in fans. Mr. Fernandez: Mr. Plummer, we don't even have a way of turning off the lights on our side. We would if we could, and if we had a separate meter we could control that use. Vice Chairman Plummer: Well, excuse me, Ivan, I can't sit here and allow you to operate absolutely free of charge. Commissioner Regalado: Well... Mr. Fernandez: We are not operating free of charge. We are paying rent and we are expending... Ms. Bianchino: They are paying... Vice Chairman Plummer: You are paying rent, but you are not paying part of the utilities. Mr. Fernandez: No, but are spending thousands of dollars to make this "Welcome Center" happen. Vice Chairman Plummer: I understand that, sir. It's up to this Commission. What does this Commission...? Mr. Regalado. Commissioner Regalado: I... I think, Mr. Fernandez is right. He is saying that they do not have a separate meter. If we can get them a separate meter, if FPL could give them a separate meter, it the City can arrange for them to control the lights, I am sure that they will be able. But, you see, we are discussing here, three hundred dollars ($300), and I think that we should ask, the question is, how many people the center have served in all this period, six month period? Mr. Fernandez: Well, during the past six months, we have been putting the center together. I am pleased to announce that we do have the displays in place, the equipment in place, and the signs will be... the outside signs will... should be in place next month. We hope to have a grand opening in the first week of June. So, we are ready to go. The advertising for the Welcome Center, the publicizing of the Welcome Center of course cannot precede our being absolutely ready to handle tourists or folks that are seeking information, but we are ready to move forward. Vice Chairman Plummer: Well, there are provisions where you can get monies for that services, and that's Merritt Stierheim's Shop, whatever that is called. Commissioner Regalado: Well, I was going to say that. I was going to say that... that Merritt Group... Vice Chairman Plummer: OK. But, I think with this City, and the condition financially that it's in. I think that there ought to be a way that they could put in a separate meter, and pay half of the air-conditioning bill. I just think that's reasonable. Commissioner Regalado: OK, I... 155 April 14, 1998 Ms. Bianchino: Can I...? Commissioner Regalado: If I can say something on this issue. Vice Chairman Plummer: Make a motion. Commissioner Regalado: My motion is to give Mr. Fernandez and Sky some time, first of all, to get in touch with the Greater Miami Conventions and Visitors Bureau to see if they can subscribe to their project, and if they will get funds from them, then we'll... the City will start charging for utilities or whatever that is necessary. I think that they need a chance to start the Visitors Center. I really have faith in the Visitors Center. My motion is to have them come back with a response from the Greater Miami Convention Bureau... Vice Chairman Plummer: Is there a second? Commissioner Regalado: ... to see if they get funded. Vice Chairman Plummer: Is there a second? Commissioner Regalado: Thirty days. Vice Chairman Plummer: Is there a second? The motion dies for the lack of a second. Is there another motion? Is there another motion? Commissioner Gort: Let me give you a suggestion. One of the... Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Why don't they just go back and get a separate meter and talk to FP&L. What's the problem with that? Ms. Bianchino: OK, I... Commissioner Gort: And, then, they can do the same thing. They can go and apply for the grants. I can tell you, I doubt if they will give them any money. Commissioner Regalado: I don't... Ms. Bianchino: It's very expensive to get a separate meter, that's number one. And number two, I am not sure it can even be accomplished in this building, and what we have done in our other projects is allocated utility costs on a square foot basis and it's worked elsewhere. But meters are expensive. It would cost us money to get a separate meter. Mr. Fernandez: If... May I make a suggestion? Vice Chairman Plummer: Sure. Mr. Fernandez: Can we have 'till January to get this thing off the ground and rolling and see if we can recoup some of our costs... Vice Chairman Plummer: How about October? Mr. Fernandez: ... and let's go ahead and start paying at that time. 156 April 14, 1998 Vice Chairman Plummer: How about October 1st? Commissioner Regalado: Yeah, you... Mr. Fernandez: We prefer January, but if you want to give us October 1st, we will take it. Vice Chairman Plummer: October 1st. Commissioner Regalado: OK, that will be my motion. Vice Chairman Plummer: OK. Starting October 1st, you are going to pay rent and part of the utilities. Commissioner Gort: They are paying rent. Ms. Bianchino: They pay rent. Mr. Fernandez: We are paying rent. Vice Chairman Plummer: And utilities. Ms. Bianchino: May we...? Vice Chairman Plummer: Is there a motion? Commissioner Gort: Move it. Vice Chairman Plummer: Moved 'till October 1st. Commissioner Regalado: It's a motion. Vice Chairman Plummer: OK, there is a second. Is there a second? Commissioner Regalado: Yeah, second. Vice Chairman Plummer: All right. Any further discussion? All those in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? Show unanimous. 157 April 14, 1998 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 98-377 A MOTION GRANTING PERMISSION TO REPRESENTATIVES OF THE COCONUT GROVE CHAMBER OF COMMERCE TO PROCEED WITH "WELCOME CENTER," LOCATED AT 2820 McFARLANE ROAD; FURTHER STIPULATING THAT SAID CHAMBER WILL CONTINUE TO PAY RENT FOR USE OF SAID LOCATION; FURTHER STIPULATING THAT BEGINNING OCTOBER 1, 1998, SAID CHAMBER WILL ALSO PAY ITS SHARE OF THE UTILITY BILLS AT SAID LOCATION. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Humberto Hernandez Vice Chairman Plummer: Mr. Sky Smith, you were requested this morning and you will be requested to speak on Muscular Dystrophy serving of alcohol, not beer and wine, but alcohol and we would ask you to please give us your opinion as do you want that or feel that's right for the Grove or not. So we will expect you at the next Commission meeting. Mr. Sky Smith: I'll be happy to be there. It's the first I am hearing of this. Vice Chairman Plummer: Thank you, sir. ---------------------------------------------------------------------------------------------------------------- 45. DEFER CONSIDERATION OF AGENDA ITEM 39 (PROPOSED CONSTRUCTION OF MELROSE TOWNHOMES PROJECT, PHASE III BY CODEC, INC., CONVERTING CODEC'S LOAN INTO GRANT) TO MEETING OF MAY 12, 1998. Vice Chairman Plummer: Item 40. Commissioner Gort: I thought we did it. Vice Chairman Plummer: No we didn't. Mr. Jose Garcia -Pedrosa (City Manager): Thirty-nine, thirty-nine. Vice Chairman Plummer: Thirty-nine, that's what we just voted on, wasn't it? Mr. Garcia -Pedrosa: Thirty-eight. 158 April 14, 1998 Commissioner Gort: No, it was 38. Mr. Walter J. Foeman (City Clerk): It's 38. Vice Chairman Plummer: Thirty... Commissioner Gort: Boy you in a hurry to get to Maria today. Vice Chairman Plummer: No, no, no. Thirty-nine. What is 39? Mr. Garcia -Pedrosa: Thirty-eight is the Chamber... Commissioner Gort: Melrose. Vice Chairman Plummer: Melrose Townhouse Project. I am sorry. Mr. Garcia -Pedrosa: Let me ask Jett Hepburn to make the presentation, sir. Vice Chairman Plummer: All right, sir. Mr. Jeff Hepburn: Jett Hepburn, Assistant Director... Vice Chairman Plummer: Can we have a little common courtesy, please? Thank you. Proceed. Mr. Hepburn: Jeff Hepburn, Assistant Director of Housing. I am going to try to be very brief. Vice Chairman Plummer: Thank God. Mr. Hepburn: The major issue here is that back on... back in '95, Resolution 95-773, the Commission basically told us, the administration, to come back before the Commission at some point in time when the CODEC group was ready to proceed with Phase III of the Melrose Project which consist of 46 units. At the time that they appeared before the Commission back in '95, they came and looked in search of relief on a 1.7 million dollar ($1,700,000) loan that was provided to that group. One million dollars ($1,000,000) for infra -structure, site improvements at the 8.5 acre Melrose site and also a seven hundred fifty thousand dollars ($750,000) mortgage for the City's cost for site acquisition. We are back today because it appears based on the proposals submitted by CODEC, they are unable to pay, roughly, it's about one point five million dollars ($1,500,000) owed to the City at this point. In order for them to proceed, basically would require the City to forgive that loan and convert it into a grant. Otherwise, we are talking about having the land return back to the City and perhaps looking at the possibility of making that site available to another developer and trying to recoup roughly about six hundred and ninety thousand dollars ($690,000) with the last appraisal back in '95 set the value at. Vice Chairman Plummer: Mr. Manager, what's your recommendation? Mr. Garcia -Pedrosa: We recommend Option I. Vice Chairman Plummer: Option one. Which is? Which is Option I? Mr. Hepburn: Option... Option 1, basccally converts to City... approximately one point five is owed to the City at this point. If we move forward with Phase III, we anticipate roughly about one hundred and sixty-one thousand dollars ($161,000) coming back to the City. What that means is, we are talking about forgiving approximately one point three million dollars ($1,300,000). 159 April 14, 1998 Vice Chairman Plummer: Forgiving? Mr. Hepburn: That's correct. Vice Chairman Plummer: From a loan into, into a grant? Mr. Hepburn: That's correct. Commissioner Teele: Mr. Chairman. Vice Chariman Plummer Mr. Teele. Commissioner Teele: What is the subsidy per unit? Vice Chairman Plummer: Subsidy per unit, Mr. Jeff. Mr. Hepburn: In terms of the City's share... I don't have a calculator, but in terms of the City share, we are talking about 150 units, this particular project. Our investment was roughly one point seven million dollars ($1,700,000). I guess... Commissioner Teele: Is that inclusive of all...? That's the loan. Does that include all the grants as well? Mr. Hepburn: They received, and the developer is here, if I can't get all the figures right, but I know that they got about a three million dollar ($3,000,000) loan from Barnett Bank, initially. Commissioner Teele: No, no, no. Let' don't get confused. Mr. Hepburn: OK. Commissioner Teele: I am talking about government money, soft money. Mr. Hepburn: In terms of City dollars... Commissioner Teele: I am talking about... Mr. Hepburn: One point seven. Commissioner Teele: That's a loan? Mr. Hepburn: That was a loan. Commissioner Teele: There were no grants, there were no CDBG, there were no soft seconds, there were no...? Mr. Hepburn: Well, there was funding... Commissioner Teele: There was no administrative dollars, there was no... anything in this project, but the...? Mr. Hepburn: There was fifty thousand dollars ($50,000) for about three years for administrative funding from CDBG. 160 April 14, 1998 Commissioner Teele: One hundred and fifty? Mr. Hepburn: That's correct. Then there was also, I think, one point nine million dollrs ($1,900,000) in surtax funding for Phase I and II, and there is roughly eight hundred thousand dollars ($800,000) on the table now. Commissioner Teele: OK, but see, this is my question, Mr. Manager, why can't we see the whole picture here? Because you see, this is my frustration with where we are going with this... this grant stuff. It's out of control. I mean, you got somebody here that's adding up numbers now that aren't on the table. It's one point seven, that was the number we have been talking about. Then you have got another one hundred and fifty of soft money, then you got another million of what? Mr. Hepburn: It was one point nine million dollars ($1,900,000) in Dade County surtax, second mortgage. Commissioner Teele: You got another one point nine million in surtax. Well, how much did the people pay for the stuff? It should have been five dollars ($5) each when you look at the money that's added up here. See, the question becomes, how effective are we being, are we using these federal dollars? Now, has anyone discussed this with HUD (Department of Housing and Urban Department)? Does HUD have any objection to us converting this loan to a grant? Mr. Hepburn: Commissioner, let me clarify something. The funding that was made available to CODEC both for site acquisition and for the one million dollar ($1,000,000) site development loan was 1976 GO Housing bonds. They were not federal funds. Commissioner Teele: All right, but it's soft money. It's... it is government money. Mr. Hepburn: The one point... Commissioner Teele: The GO bond, who is repaying it, CODEC or the taxpayers? Mr. Hepburn: Taxpayers. Commissioner Teele: OK, that's what I am saying. And what I keep saying to the department is that we need... Because you guys have really got to begin to understand that if we add up all the money we are giving out, and then people are still having to come pay fifty thousand, sixty thousand, seventy thousand dollars ($70,000), well where is all the money going? You have added up, already three million dollars ($3,000,000). A GO of one point seven, right? Mr. Hepburn: That's correct. Commissioner Teele: Eight hundred thousand in surtax. Mr. Hepburn: In total, roughly about two point seven million dollars ($2,700,000) if this moves forward. Initially, Phase I and Phase II involve one point nine million dollars ($1,900,000) of surtax funding which is second mortgages to the buyers. Vice Chairman Plummer: Well, who is the real recipient? The Hepburn: The homebuyer. Commissioner Teele: Huh. 161 April 14, 1998 Vice Chairman Plummer: What about the developer? Commissioner Teele: How much are these homes selling for, that what...? Mr. Hepburn: In terms of Phase III? Commissioner Teele: In terms of Phase I and II. That's where the money has already been... Vice Chairman Plummer: The one that you are asking us to forgive the loan on. Mr. Hepburn: Well, in terms of Phase III, there is a two -bedroom, two -bath. Commissioner Teele: No, Phase I and II. Commissioner Gort: One and two. Commissioner Teele: How much did the people pay for the homes? Commissioner Gort: I think we should know the reason why they were not able to pay, and what the cost was and what the selling price was. Vice Chairman Plummer: Yeah, because you know, let me tell you something. You keep talking about forgiving loans, and forgiving loans. There is only so much money in the cubbard. You keep doing this, the cubbard is going to be dry and there is not going to be any more programs. Mr. Garcia -Pedrosa: The answer is, you have the... Oh these are the projected selling cost of sixty-four, phase... Mr. Hepburn: Only for Phase III. Commissioner Teele: Those are Phase III. See, but all this forgiveness goes back to Phase I and Phase II. And the question is, who is getting the benefit? Are the homeowners getting the benefit? Where is the money going? Vice Chairman Plummer: I would like to get this thing deferred. I really would. I mean, this is... this is... We just don't have the answers. Commissioner Teele: Well, Mr. Chairman, let me tell you this. There is not a group... Every week there is somebody coming to me and say, "can you help us raise five thousand dollars ($5,000)? Can you help us get a fee waiver." I have... I am being forced to say to virtually everybody, the City is not in a position to do this. Vice Chairman Plummer: Absolutely. That's what I am saying. Commissioner Teele: And I thinkit time the Manager, with all due respect, Mr. Garcia -Pedrosa. But the Manager start saying to people, we cannot afford to do that now. If we were in a financially different position, I would not even have an issue. But is a wrong signal we're sending. I don't see how on one end we are defending ourselves with the Federal government on past practices. We are defending ourselves with the Oversight Board. We are defending ourselves with the press, with the public. And then we come up here and start talking about forgiving. I mean, it's just to me, you know, there is an old saying, "timing is everything." They wait until another six or seven months 'till is heat is off the City and then come up and ask for this kind of stuff. But this puts us in a very bad position. This isn't anybody that's really trying to help us. 162 April 14, 1998 Commissioner Gort: My understanding is, is that J. L., would like to make a... Plummer... Commissioner Plummer would like to make a motion to deter this item. Vice Chairman Plummer: There is motion to deter, is there a second? Commissioner Teele: Second. Vice Chairman Plummer: All right. And I think, the reason for the determent should be stated that the developers should get together with each Commissioner, ask the questions and get the satisfactory answers. Commissioner Gort: I think mostly... Vice Chairman Plummer: This matter will be continued until May the 12th. Commissioner Teele: Mr. Chairman I want to be clear. I am willing to work for the forgiveness if it accrues to the benefit of the homeowners who bought the house. Vice Chairman Plummer: Absolutely. All right. Commissioner Teele: Who bought the houses. Vice Chairman Plummer: Motion to defer. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposed? The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-378 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 39 (PROPOSED CONSTRUCTION OF JMELROSE TOWNHOMES PROJECT, PHASE III, (AFFORDABLE HOUSING] BY CODEC INC., AND CONVERTING BALANCE OF CODEC'S LOAN INTO A GRANT) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 12, 1998; FURTHER REQUESTING REPRESENTATIVE(S) FROM SAID GROUP TO MEET WITH EACH MEMBER OF THE COMMISSION PRIOR TO MAY 12, 1998. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commisisoner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner J.L. Plummer, Jr. NAYS: None. ABSENT: None. 163 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 46. DIRECT CITY MANAGER TO URGE POLICE CHIEF TO ALLOCATE $50,000.00 TO FILM SOCIETY OF MIAMI FROM LAW ENFORCEMENT TRUST FUND -- FURTHER REQUESTING TO BRING ISSUE BACK FOR CITY COMMISSION APPROVAL. Vice Chairman Plummer: Item 40. Commissioner Regalado: Item 40. Mr. Chairman. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: You know, last year I visited some of the parks in the City of Miami and one day, on a Thursday, I saw a group of kids from the inner City sitting at the park and I was told that these kids could not attend the weekly movie because they did not have the money. This year, this problem is solved, thanks to the City of Miami Police Department Trust Fund and the cooperation of the Parks Department, we are going to be able to pay for the duration of the Summer camp for kids who do not have the money, one dollar ($1), to attend the movie each week. The City of Miami Police Department has worked with the Parks Department and with every organization that takes care of the children in our community. This is why I approached our Chief of Police, Donald Warshaw, on behalf of the Miami Film Society. Because the Miami Film Society not only brought kids to the Film Festival, but has a lot of seminars for kids from our parks, children from our different youth programs. And this is why after several meetings, the Chief of Police has agreed to bring this issue to the motion... Vice Chairman Plummer: What's your motion. Commissioner Regalado: ... to support the Film Society of Miami. My motion is to direct the City Manager to... Vice Chairman Plummer: Is there a second? Commissioner Regalado: ... to bring this to a resolution. Vice Chairman Plummer: Is there a motion? Commissioner Regalado: This is my motion. Vice Chairman Plummer: The motion is, is to bring this matter to the Police Chief, through the City Manager for the grant to the Film Society. Is that correct? Commissioner Regalado: Yes, that is... that is the motion. Vice Chairman Plummer: Is there a second? Mr. Garcia -Pedrosa: The Law Enforcement Trust Fund. Vice Chairman Plummer: The Law Enforcement Trust Fund. Seconded by Hernandez. All in favor say "aye." 164 April 14, 1998 The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? Show it unanimous. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-379 A MOTION DIRECTING THE CITY MANAGER TO URGE THE CHIEF OF POLICE TO FUND AN AMOUNT NOT TO EXCEED $50,000 TO THE FILM SOCIETY OF MIAMI FROM THE LAW ENFORCEMENT TRUST FUND: FURTHER DIRECTING THE MANAGER TO BRING THIS ISSUE BACK FOR COMMISSION APPROVAL Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. ---------------------------------------------------------------------------------------------------------- 47. DISCUSS POSSIBLE MEASURES TO INCREASE FIGHT AGAINST PROSTITUTION -- REQUEST CITY MANAGER TO RESEARCH AND RETURN BY NEXT CITY COMMISSION MEETING WITH RECOMMENDATIONS. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Forty-two, we have already taken care of. We are now on item 43. Commisisoner Hernandez: Forty-one, we haven't taken of. Vice Chairman Plummer: Forty-one? Commissioner Regalado: No, we have not taken care of forty-one. Vice Chairman Plummer: Damn, where am I missing these guys? Commissioner Gort: I don't know. You got... Vice Chairman Plummer: Oh, oh. Prostitution. Mr. Manuel Gonzalez-Goenaga: That's why I want to speak on this. Commissioner Regalado: That's... That... Vice Chairman Plummer: Hah! Mr. Goenaga, is the first one to speak on the issue. 165 April 14, 1998 Commissioner Regalado: That is... That is, Mr. Chairman, that is an issue that I brought to the Commission as a discussion item. Vice Chairman Plummer: All right. Commissioner Regalado: And for several reasons. Number one, I really want to commend the City of Miami Police Department for the work that they have done in the Flagami area. The sweeps regarding prostitution in the Flagami area not only have brought a lot of funds to the City with this cars ordinance that we have. That, that would not be the main focus of the program. The important thing is that the people of Flagami are seeing that our Police Department is arresting several dozens of people every month. But, I thought that we need to do more. I read a wire story from Tampa several weeks ago, regarding a measure that was discussed by the Tampa City Commission and the measure was, should we, and they were discussing that, arrest for loitering prostitutes that were arrested before and came back to the same place. So I asked for a legal opinion. I also asked for a legal opinion whether or not the City should publish in NET 9, the names of the people arrested in prostitution stings. It has done... It has been done before and... Vice Chairman Plummer: Arrested or convicted? Wait, wait a minute, I think it was a difference. Didn't we have "only for convictions" as I remember. Ms. Ana Maria Pando (Assistant City Attorney): You can post the names if the individual has just been arrested. I have a copy of the legal opinion here, it's ready. Commissioner Regalado: And, yeah, and I... Sol... all of you have a legal opinion from the City Attorney and L. Vice Chairman Plummer: But you want it... You want it just for an arrest? What about if they are found innocent? Commissioner Regalado: Well, that is, that is being done throughout the United States in many cities. Vice Chairman Plummer: Yeah, but I... Commissioner Regalado: And I tell you... And I tell you what, there is a... It's a part of a "shame on you" thing. Vice Chairman Plummer: I understand that. Tampa put it on billboards. Commissioner Regalado: Huh? Vice Chairman Plummer: Tampa puts it on billboards. Big outdoor billboards. Commissioner Regalado: No, they... they have it on their own cable channel, too. But my question to the Chief and the Manager is... Vice Chairman Plummer: I don't know that I would want to do it for arrests. Commissioner Regalado: ... can we have a more aggressive policy? And I know that the policy has been aggressive, mind you. I know about legally aggressive in terms of what we are having Chief, and Mr. Manager, and Mr. City Attorney is that we are doing this arrest Thursday night in Southwest 8th Street and 47th Avenue. Forty-eight Avenue. I have been there. Friday night, 166 April 14, 1998 they are back. Saturday night, they are back. So my question is, what tools do you have to fight prostitution? Police Chief Warshaw: Well, Commissioner, a couple of things. Since we increased the vehicle impoundment from five hundred to one thousand, more people are calling the office at seven o'clock in the morning saying they can't come up with the money, and this is the deterrent that we really need. We are impounding dozens of cars a week, and the real issue with prostitution is getting rid of the buyers, because if we get rid of the buyers and there is no business, the prostitutes move out. Now, we are doing, not only in Flagami, all over the City including in Little... East Little Havana. On Biscayne Boulevard several sweeps a week arresting as many as 20 to 25 people, taking anywhere from 15 to 18 cars each time. And this is a very aggressive enforcement policy that if we keep it up, and we will, hopefully we are going to force the prostitutes out of the City because the fear is going to be there, that you know there is no business there. Now... Vice Chairman Plummer: What's the other argument you are using? Commissioner Regalado: OK, now, the other... the other thing that I want to ask the City Attorney is, whether or not the City can make some kind of ordinance regarding the motels in that area. The City of West Miami several years ago passed an ordinance that prevent the motels in their side of the street to rent by hours and we don't have that in the City of Miami. Ms. Pando: But... Vice Chairman Plummer: Yeah, but we sure got a lot of motels that do it. Ms. Pando: I believe that's a state regulation and we have a motel/hotel squad that is proficient in that particular area, and it's my understanding that they are enforcing those particular regulations. Vice Chairman Plummer: Hah, hah, hah. Police Chief Warshaw: Yes. In... Vice Chairman Plummer: That's a joke. Police Chief Warshaw: Well... Vice Chairman Plummer: Right around the corner from Miami Today, the newspaper, there is three of them that you can rent a bed on an hourly basis. Police Chief Warshaw: The problem is in citing these businesses and then being able to put them out of business. We have had some success, but it's an ongoing, difficult, long-term problem. I just want to add that in addition to these sweeps, we have worked cooperatively and we are going to continue with the media, you know, to humiliate and embarrass people who are stopping on our streets and picking up prostitutes as well as bringing the media into the hearings when people come to bring their cars, to try to pick up their cars and this is as close as we get to putting their pictures up on billboards or on NET 9. Vice Chairman Plummer: Let me ask you a question, Chief. I notice with interest on your stats about the cars that are confiscated. Police Chief Warshaw: Right. 167 April 14, 1998 Vice Chairman Plummer: Ten of them were refused or whatever by the so called "master", that's what concerns me. Was it for the reason, they were not guilty? What was the reason given that those ten people were given their car back without the fine? Police Chief Warshaw: Well, I don't know the details of the specific hearings, but I can tell you of the almost five hundred thousand dollars ($500,000) we have collected already, the number of those who either went to hearings or then subsequently were successful at hearings because they were able to show there wasn't sufficient... Vice Chairman Plummer: OK. Police Chief Warshaw: ... probable cause is very, very minimal. Vice Chairman Plummer: The point I am trying to... Police Chief Warshaw: Most people... I am sorry. Vice Chairman Plummer: The point I am trying to get to. I have no problem if a man is found guilty of a violation that he be put on Channel 9, that his car be confiscated. But I am concerned about putting a man on who is arrested and later found to be innocent. Police Chief Warshaw: Yes. Vice Chairman Plummer: You know for all you do on... when you arrest him, it will be on the front page. When he's found "not guilty" it will be behind the obituary section. Mr. Jose Garcia -Pedrosa (City Manager): Commissioner, but that that... happens when the newspaper reports an arrest. I mean, it's really no different from... Vice Chairman Plummer: I am not a newspaper. I am Channel 9. Police Chief Warshaw: Well, Commissioner, putting Channel 9 aside, having the media present at these sweeps, I mean, obviously they are there, hiding behind a tree, people are stopping on the Boulevard and... Vice Chairman Plummer: Then let the media do it. Police Chief Warshaw: ... on 8th Street and are trying to pickup hookers on a City street blocking traffic, endangering, not only endangering their own life, endangering the lives of others, and then committing a crime, and we want to humiliate them to the point where they are afraid to stop. Vice Chairman Plummer: Commissioner Regalado, this is your item, what do you want to do with it? Commissioner Regalado: I don't... You know, I don't have a problem with not using Channel 9 for the name. I think that the purposes, like the Chief says, is to embarrass people. But... but I did want to bring this issue because of the Tampa situation that caught my eye, and I did also want to commend the City of Miami Police Department for what has been done. But I thought that we needed to do a more aggressive of a campaign. I'll tell you, the main complaint from the people of Flagami is prostitution and then floods. I mean, floods affects your life because the water comes through your living room, and yet, people in... between Flagler and 8th Street from 42nd to fifty... to 67th say, you know prostitution is the pits. You know, they complain about that. I think that my duty is, as the Commissioner representing that area is to bring this issue 168 April 14, 1998 alive every time that I can and I... You know, I know that the police is doing more of its share. But I think that we need to have more tools so you can... so you can work with. I... I think that those motels in the area, there are some that work with the police, I know one or two. But, others are... and I am telling you that the City of West Miami have some kind of ordinance where they cannot rent by hours. Vice Chairman Plummer: The only thing that we ever were able to accomplish was through the Nuisance Abatement Board. Police Chief Warshaw: Right. Vice Chairman Plummer: That if there were certain amount of complaints that were made... Police Chief Warshaw: That's correct. Vice Chairman Plummer: ... they did in fact... But you know what they do? Look, it's like those damn video stores and all of the rest of those. The minute you get a conviction on them, they change and go to a new name, a new corporation and they are back in business the next day. Now, to put the harassment on them, that say supposedly people won't use them, maybe does accomplish something. The bottom line is, Mr. Regalado, it's your item, what do you want me to do? Commissioner Regalado: Basically, I would defer on using the names on NET 9 in order to avoid any moral or legal implications, but I would... I would ask the Chief and the administration to give us a report about the different operations and to ask the City Attorney to research on the West Miami ordinance regarding a prohibition on hourly rates for the motels in the Southwest 8th Street Miami side and on Flagler Street. Vice Chairman Plummer: How about 8th Street and the railroad track. Commissioner Regalado: And, of course... I am sorry? Police Chief Warshaw: Yeah, I would just want to add, Commissioner, that in addition to prostitution because there is a little bit of cycle here. You have got prostitutes or heavy crack users. You have got drug sales, prostitutes, all going on at the same time. Commissioner Regalado: Well, absolutely, I saw. I was in a raid that your Police Department made and I saw, you know, crack being used and being sold. I saw it. Vice Chairman Plummer: All right, Chief, you will come back in the next meeting with a recommendation. Police Chief Warshaw: Yes, sir. Vice Chairman Plummer: Thank you, sir. Mr. Gonzalez-Goenaga: May I suggest something that I have been... Vice Chairman Plummer: Sure. Why not. Mr. Gonzalez-Goenaga: Well, let me tell you. Many people that have been arrested have approached me, and for the record, I have been arrested here, in this town, in "Casablanca", ten times, but never yet for prostitution. But... 169 April 14, 1998 Vice Chairman Plummer: Stick around. Mr. Gonzalez-Goenaga: .. the entrapment is what is shameful, is that some policewomen, they dress very aggressively to tempt the honest people. So why don't we cover that and we might as well have men dressed in a very attractive atmosphere for the gay people. So, I mean, because prostitution, is two ways, remember that. So, let's talk... being temptation for men on both sides. Vice Chairman Plummer: Mr. Goenaga, do you volunteer? Mr. Gonzalez-Goenaga: No, no, no. I rather have the Chief of Police in shorts. Thank you. Vice Chairman Plummer: Thank you, sir. We are now going to the comedy channel. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 48. GRANT BENEFITS TO INTERIM CITY ATTORNEY JOEL E. MAXWELL -- FOR SERVICES PROVIDED PLUS RESTITUTION FOR OUT-OF-POCKET COSTS -- SEE LABEL 27. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: All right, there is a second portion of item 42, predicated on the City Attorney, as we all know that he definitely stepped in and took over and did what was necessary, and the following is a resolution of the Miami City Commission granting the following benefits to the Interim City Attorney, Joel Edward Maxwell. [AT THIS POINT, VICE CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORDS.] Vice Chairman Plummer: I move the item. I can't move the item. Anybody...? Commissioner Teele: So moved. Commisisoner Hernandez: Second. Vice Chairman Plummer: Moved by Commissioner Teele, seconded by Gort. Any opposition? Show unanimous. 170 April 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-380 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE FOLLOWING BENEFITS TO THE INTERIM CITY ATTORNEY, JOEL EDWARD MAXWELL, FOR SERVICES PROVIDED AND RESTITUTION FOR OUT-OF- POCKET COSTS: (A) RESTITUTION FOR TWO LOST VACATION TRIPS IN THE AMOUNT OF $1,823.00 AND ALLOWING HIM TO KEEP TWO NON- REFUNDABLE AIRLINE TICKETS WHICH ARE INCLUDED IN HIS COSTS, AND (B) THREE MONTHS RETRO-ACTIVE SALARY, IN AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN HIS NORMAL SALARY AS DEPUTY CITY ATTORNEY, AND THAT OF THE FORMER CITY ATTORNEY, PLUS THREE MONTHS RETRO-ACTIVE AUTOMOBILE, AUTOMOBILE INSURANCE, AND TELEPHONE ALLOWANCES; SAID AMOUNTS TO BE PAID IMMEDIATELY AND IN A LUMP SUM PAYMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 49. APPOINT DR. LAURINUS PIERRE TO AFFIRMATIVE ACTION ADVISORY BOARD. Vice Chairman Plummer: Item 43. Commissioner Teele: Well... Vice Chairman Plummer: Item 43, Action Advisory... Commissioner Teele: You have another item on 42. Vice Chairman Plummer: That was... The first item was taken up, earlier in the day, sir. Mr. Hernandez, if you would please make sure that Mr. Teele has all the particulars that you afforded all the rest of us, please? The only difference... No, the difference was not. It was six months severance. Yes. 171 April 14, 1998 Commisisoner Hernandez: The reason we took it in the morning is because he had a Commission meeting in Hialeah. It was his last one and... Commissioner Teele: And you were asked to negotiate that? Commisisoner Hernandez: Correct. Vice Chairman Plummer: That's... He was the Chairman of the three -member panel. All right. Advisory... Affirmative Action Advisory Board. Does anybody have any appointments? I have two. My staff has not given me anything. So, I'll move mine over 'till the next meeting. Humberto, you have one, and Teele you have one. Commisisoner Hernandez: I am passing. Vice Chairman Plummer: Mr. Teele? Commissioner Teele: For what is this? Vice Chairman Plummer: Advisory... Affirmative Action Board. Commisisoner Hernandez: You took mine. It's in that pile. Commissioner Teele: Yes, Dr. Pierre. Vice Chairman Plummer: Motion made to approve the name nominated. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? Show it affirmative. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-381 A RESOLUTION APPOINTING 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 Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 172 April 14, 1998 ------------------------- -------------------------------------------------------------------------------------- 50. DEFER APPOINTMENTS TO CODE ENFORCEMENT BOARD. ---------- ----------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Affirmative Action Advisory Board. Commisisoner Hernandez: No, that's the one you got from me. Vice Chairman Plummer: Teele, you have two appointments. Affirmative Action Advisory Board. Item 43, right? Mr. Walter J. Foeman (City Clerk): No. Commissioner, you just took action on that one. Commisisoner Hernandez: That's the one we just did. Vice Chairman Plummer: Well, wait a minute, what's the second page on this thing? Commisisoner Hernandez: Hallelujah. Mr. Foeman: Commission on the Status of Women. Vice Chairman Plummer: All right. Forty-four. Code Enforcement. Who has the...? What has them there? Commissioner Teele: It's one at -large appointment. Vice Chairman Plummer: All right. And who is at -large. Commissioner Regalado: It's an alternate. Mr. Foeman: Well, the alternate position was previously nominated by you, Debra Vallidor. Vice Chairman Plummer: Well, Rose Bajul is to be at -large, or she is already? Commisisoner Hernandez: She has already been... Mr. Foeman: She is an alternate. Commissioner Regalado: She is already there. Mr. Foeman: Yes. Commisisoner Hernandez: She is already there. Vice Chairman Plummer: Well, let's move it over to the next meeting. END OF DISCUSSION -- NO ACTION TAKEN 173 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 51. APPOINT SEVERAL INDIVIDUALS TO COMMISSION ON THE STATUS OF WOMEN -- SEE LABEL 53. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Forty-five. Seventeen appointments needed for the Status of Women. Commissioner Regalado: Mr. Chairman, I only have one, and I would defer that to the next meeting. Vice Chairman Plummer: All right. Hernandez, you have... Gort, you have one. Commisisoner Hernandez: Can I reappoint all, all of them? Commissioner Gort: I have one, and I would like to appoint Vivian Cruzet. Mr. Walter J. Foeman (City Clerk): Yes. Vice Chairman Plummer: OK. Commisisoner Hernandez: And I am going to reappoint the same five that the terms expired. Vice Chairman Plummer: All right. And obviously, my staff says, I am doing the same. Mr. Foeman: What are the...? Commisisoner Hernandez: The same five. Mr. Foeman: Say the names. Commisisoner Hernandez: Right here? Mr. Foeman: Those are yours. Commisisoner Hernandez: Mine. Vice Chairman Plummer: Commissioner Regalado, you have one? Commissioner Regalado: It would be deferred, Mr. Chairman. Vice Chairman Plummer: Deferred? Commissioner Regalado: Yes, sir. Vice Chairman Plummer: Commissioner Teele, you have five? Commissioner Teele: Huh? I am nominating Sally Jude, Pinky... Sally Jude, Pinky Sands, and I am carrying the other three over. Vice Chairman Plummer: Your carrying three over? 174 April 14, 1998 Commissioner Teele: Right. Vice Chairman Plummer: Motion made to nomi... to accept the names nominated. Is there any further discussion? Mr. Foeman: Is there a seconder, Commissioner? Vice Chairman Plummer: Who seconded it? Somebody down there did. I forget who it was. Commisisoner Hernandez: There is a seconder. I am second. Vice Chairman Plummer: The chair. Commisisoner Hernandez: Mr. Clerk, do you understand? Mr. Foeman: Yes, we can... Commisisoner Hernandez: My five that were expired will be renamed again. Mr. Foeman: Yes, I have them. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-382 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman J.L. Plummer, Jr. 175 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 52. APPOINT CONSUELO ESPINOSA TO LITTLE HAVANA SPECIAL EVENTS ADVISORY COMMITTEE. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: OK, we have a thing called, an individual to serve on the Havana... Little Havana Special Events Advisory Committee. What is that, Mr. Clerk? Mr. Walter J. Foeman (City Clerk): That was a committee that was recently formed by the City to review certain issues concerning Special Events. Vice Chairman Plummer: What has a vacancy? Teele. Mr. Foeman: Commissioner Teele. Commissioner Regalado: Commissioner Teele, yes. He has a vacancy. Commissioner Teele: There is someone... Ms. Crystal Griggs: Yes, I want to ask about the City Commission on the Status of Women? Vice Chairman Plummer: Would you excuse me, please? Mr. Teele, on the Little Havana... Commissioner Teele: Consuelo Espinosa. Vice Chairman Plummer: OK. Motion made to accept the name as proffered. Is there a second? Commissioner Regalado: Second. Second. Vice Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposed? Show unanimous. 176 April 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-383 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE LITTLE HAVANA SPECIAL EVENTS ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. --------------------------------------------------------------------------------------------------------------- 53. DIRECT CITY MANAGER TO RECOMMEND OFFICE SPACE FOR COMMISSION ON THE STATUS OF WOMEN -- SEE LABEL 51. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Plummer: Ma'am, what is it? Which one do you want? Ms. Crystal Griggs: City of Miami, Commission on the Status of Women. I would like to know... Vice Chairman Plummer: Status of Women is item 45. What is your question? Ms. Griggs: My question is, are we going to get an office? We don't have an office. Commissioner Gort: The last time they were here, they were asking the City Managers, and we are going through quite a few of them, to provide office space for the Status of Women. Commissioner Regalado: Yeah, but it wasn't... It wasn't this City Manager. Commissioner Gort: That was... It was four or five back. It was four... Ms. Griggs: You know something, yes, we have the members but we don't have any place. Commissioner Gort: You have to understand, we have had some transition. Commissioner Regalado: The... The Status... The committee had an office, Mr. Manager, in the pink building, but it leaks and they are looking for an office. I would think, I would think that if 177 April 14, 1998 you are going to do anything regarding the Passport Office in the Coconut Grove Convention Center in the mezzanine, that probably The Status, the committee could have a small office there. Ms. Griggs: Ah-hah. Vice Chairman Plummer: All right, we are not going that tonight. Turn it... Commissioner Regalado: No. Vice Chairman Plummer: ... over to the Manager and ask him to report back to the Commission as soon as feasible. Commissioner Regalado: OK, are we going to do pocket items? Vice Chairman Plummer: OK. Just hold on a minute now. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 54. APPOINT RUBEN OLIVA TO PROPERTY AND ASSET REVIEW COMMITTEE. --------- ------------------------------------------------------------------------------------------------------ Vice Chairman Plummer: OK, are there any other items? Commissioner Gort: I have got an appointment. Vice Chairman Plummer: I have got to go back... All right, your appointment to which board? Commissioner Gort: I had to make some changes. I sent a memorandum to the Clerk and he asked me to bring it here to you. It's the Asset Review Committee. I was appointed, Mr. Pepe Gomas. I would like to keep Mr. Rubin Oliva in this Committee, and I'll name, Mr. Gomas to another committee. Vice Chairman Plummer: Motion made to approve... Commissioner Teele: Second the motion. Vice Chairman Plummer: ... the name approved. Commissioner Teele: Second. Vice Chairman Plummer: OK. All in favor say "aye." The Commission (Collectively): Aye. Commissioner Gort: I think the Clerk has got a question. Mr. Walter J. Foeman (City Clerk): Yes. Vice Chairman Plummer: All right, what's the Clerk's question? 178 April 14, 1998 Mr. Foeman: Commissioner Gort, I just wanted to advise you that those appointments expire in May, so they will be only serving a little more than two weeks. Commissioner Gort: I am sorry. What's that again? Mr. Foeman: The expiration on that committee for your appointments end in May, so it has to come back. Commissioner Gort: Fine, bring it back again. Mr. Foeman: OK. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-384 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE PROPERTY AND ASSET REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 55. AUTHORIZE PAYMENT TO INTERAMERICAN CAR -- FOR TEMPORARY RENTAL OF VEHICLES FOR OFFICE OF THE MAYOR -- ALLOCATE $5,119.52 FROM GENERAL SERVICES ADMINISTRATION FY '98 GENERAL FUNDS, ACCOUNT CODE 503001-420905-340. Vice Chairman Plummer: I would like to revert back to item 26. It was asked by the Mayor that it be deferred and that the actual dollar amount, Mr. Manager be put in, and that actual dollar amount is five thousand one hundred nineteen dollars and fifty-two cents ($5,119.52). Breaking it down is Officer Suarez, two thousand five hundred and eighty-six dollars and forty-two cents ($2,586.42). Alvarez, two thousand five hundred thirty-three dollars and ten cents ($2,533.10). And that comes to the total of five thousand one hundred nineteen dollars and fifty-two cents ($5,119.52). Is there a motion to approve? Hello? 179 April 14, 1998 Commissioner Teele: So moved. Commissioner Gort: Which item is this? Vice Chairman Plummer: This is item 26. Commissioner Gort: It came down from seven to five. Is that what you are saying? Vice Chairman Plummer: That's correct. The actual amount. Is there a motion to approve? Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by? Commissioner Regalado: Sorry? Vice Chairman Plummer: Item 26. Seconded by? Commissioner Teele: Who moved it? Vice Chairman Plummer: Mr. Gort. Commissioner Teele: Second. Vice Chairman Plummer: Seconded by Mr. Hernandez. Is there any further discussion? All those in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposed? Show it unanimous. 180 April 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-385 A RESOLUTION AUTHORIZING PAYMENT TO INTERAMERICAN CAR RENTAL, INC., IN THE AMOUNT OF $5,119.52 UNDER EXISTING CITY BID CONTRACT NO. 96-97-077R, FOR THE TEMPORARY RENTAL OF TWO (2) VEHICLES FOR THE OFFICE OF THE MAYOR PENDING DELIVERY OF ASSIGNED LEASED VEHICLES, ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FY '98 GENERAL FUNDS, ACCOUNT CODE NO. 503001-420903-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID RENTALS. (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 Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ------------------------------------------------------ --------------- ------------------------------------------- 56. (A)RECONSIDER PREVIOUSLY WITHDRAWN AGENDA ITEM CA-21. (B)APPROVE PROPOSED AGREEMENT WITH PUBLIC HEALTH TRUST OF DADE COUNTY -- FOR COORDINATION OF EMERGENCY MEDICAL SERVICES FOR ONE YEAR WITH INSTRUCTION TO FO ABOUT TO BED THEREAFTER. Vice Chairman Plummer: All right, under pocket items. Mister.. Commissioner Gort: I would like to bring back 20. My understanding is CA-21, I need it to be back. The reason I would defer this item, because this is the contract by the Fire Department to the Medical Director which they need to have to continue to operate. Vice Chairman Plummer: I also wanted that withdrawn. Commissioner Gort: But my understanding is, they need to have it in order to continue to operate according to the State Regulation. My understanding is... Vice Chairman Plummer: OK. If you'll modify it, I'll occur... concur with you. The modification is, it be for a one-year and then it go back out to rebidding which we have never done, and the Chief had no problem with that. 181 April 14, 1998 Commissioner Gort: Well, let me ask you a question. Can...? Do you need a whole year? Can we do it in less than year, and then you can go out for bid? Fire Chief Gimenez: Well, it's going to be pretty tight to put an RFP (Request for Proposal) together and go out for bid. Vice Chairman Plummer: Yeah. Commissioner Gort: OK. Vice Chairman Plummer: One year. Commissioner Gort: Okeedoke. Vice Chairman Plummer: Motion made on item 21, Consent Agenda that it be for a period of one year and that the Chief be instructed to go out with a bid, not only for a better price, but also it must be the most responsible. Commisisoner Hernandez: Second. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Mister... Vice Chairman Plummer: The motion moved and seconded. Mr. Maxwell: Excuse me, Mr. Vice Chairman. Vice Chairman Plummer: Yes, sir. Mr. Maxwell: That item was continued, so you need a motion to reconsider on that. Commissioner Gort: Motion to reconsider 21. Vice Chairman Plummer: Motion to reconsider CA-21, is there a second? Commisisoner Hernandez: Second. Vice Chairman Plummer: It's now... All in favor of reconsideration say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous. 182 April 14, 1998 The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 98-386 A MOTION TO RECONSIDER PRIOR WITHDRAWAL OF AGENDA ITEM CA-21 (PROPOSED AGREEMENT WITH THE PUBLIC HEALTH TRUST OF DADE COUNTY, WHICH OPERATES JACKSON MEMORIAL HOSPITAL, FOR COORDINATION OF EMERGENCY MEDICAL SERVICES). (Note for the Record: Item CA-21 was passed and adopted as R98-387, immediately thereafter with modifications.) Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Move now to item 21 for a one-year period, the remaining time to go out for an RFP. Is there any discussion? All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposed? Show unanimous. 183 April 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-387 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, (THE "TRUST") WHICH OPERATES JACKSON MEMORIAL HOSPITAL FOR THE COORDINATION OF EMERGENCY MEDICAL SERVICES PROVIDED BY THE EMERGENCY RESPONSE DIVISION OF THE CITY OF MIAMI DEPARTMENT OF FIRE - RESCUE, FOR A PERIOD OF ONE (1) FISCAL YEAR, 97-98 AND WITH AN ANNUAL COMPENSATION TO BE PAID TO THE TRUST OF $96,000.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF FIRE - RESCUE'S OPERATING BUDGET, ACCOUNT CODE NO. 280601.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Commissioner Regalado: Mr. Chairman. Vice Chairman Plummer: Mr. Regalado, pocket items. Commissioner Regalado: Yeah, I just wanted to check if item six, in the Consent Agenda was pulled, if this is coming back next meeting? Vice Chairman Plummer: What is that, sir? Which item? Commissioner Regalado: It's approving all the desired permits pertaining to the Calle Ocho event presented by the Kiwanis Club of Little Havana and held in the Little Havana neighborhood be approved by the City Commission prior to the event. Vice Chairman Plummer: That is correct, sir, and any item is to come back at the next agenda, unless otherwise instructed by this Commission to the contrary. 184 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 57. EMERGENCY ORDINANCE: AMEND SECTION 2-1013(A) OF CODE -- DESIGNATE MAYOR AS VOTING MEMBER OF MIAMI SPORTS AND EXHIBITION AUTHORITY. ---------------------------------------------------------------------------------------------------------------- Commissioner Regalado: OK, good. I have a pocket item here. Vice Chairman Plummer: Yes, sir. Proceed. Commissioner Regalado: Pocket item. It's an emergency ordinance amending Section 2- 1013(A) of the City Code to designate the Mayor as a voting member of the Miami Sports and Exhibition Authority. As you know, the... this was tried for a period of time, and it has ten members, in case of a tie. Vice Chairman Plummer: Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: Is there any further discussion? All in favor say "aye." Commissioner Gort: Aye. Vice Chairman Plummer: Wait a minute, is it an ordinance? Read the ordinance. Commissioner Teele: Mr. Chairman. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No, it's an emergency ordinance. Mr. Walter J. Foeman (City Clerk): It an ordinance, Joel. Commisisoner Hernandez: Discussion. Vice Chairman Plummer: Hold it. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Under discussion, Commissioner Hernandez. Commisisoner Hernandez: I yield to Commissioner Teele. Vice Chairman Plummer: Commissioner Teele. Commissioner Teele: What would this bring the total number of members of the authority that are voting to? Commissioner Gort: Eleven. Vice Chairman Plummer: Eleven. Commissioner Teele: So currently there are ten voting members now? 185 April 14, 1998 Commisisoner Hernandez: Uh-huh. Vice Chairman Plummer: Correct. The Mayor serves as Chairman without a vote. Commissioner Teele: Has the Mayor been consulted on this matter? Vice Chairman Plummer: He is the one that brought the matter to the table. Mr. Maxwell: Yes. Commissioner Teele: How do you know? I thought it was Regalado. Vice Chairman Plummer: Because he told me so. Commissioner Teele: Oh. Commissioner Regalado: I did ask for a legal opinion, and... Vice Chairman Plummer: Any further discussion? Commissioner Teele: Well, let me just say this. There was some discussion as to whether or not the City Commission member that had been appointed... Is that issue resolved, Mr. Attorney? You had issued some ruling. Mr. Maxwell: At the last meeting of the Sports Authority, the question came up as to whether or not the member who had been appointed by this Commission, that was Commissioner Hernandez, would serve as the alternate Chairman... would serve as the Vice Chairman in the Mayor's absence. And my opinion was, that based on my reading of the ordinance as amended, it's not codified, and the minutes of the meeting at that time, that the presiding officer was the person that you designated. And, because Commissioner... And, because the Mayor was now the presiding officer, that wouldn't be Commissioner Hernandez, it would be the Mayor. However, I... because that is a matter of interpretation, I will be guided by this Commission on that if that matter could be cleared up. Commisisoner Hernandez: Well, I was... Commissioner Teele: Well, after this resolution, after this ordinance, I would like to clarify and move that Commissioner Hernandez is and continues for the one-year term. I am not sure how that interpretation has occurred, but in any event, I think we need to clarify that and I would hope that if the intent is to clarify the structure of the board, that we do it in a comprehensive manner. Vice Chairman Plummer: All right, let's take first things first. The pocket item refers to the Mayor becoming a voting member. Is there a motion? Mr. Gort: There is a motion. Commissioner Regalado: It's a motion by me, but... Mr. Maxwell: A motion... Mr. Walter J. Foeman (City Clerk): Yes. Commissioner Regalado: ... under discussion by all the members. 186 April 14, 1998 Mr. Foeman: Yes. Vice Chairman Plummer: OK, but let's... let's do... That was the item before us. Commissioner Regalado: Yeah. Mr. Foeman: It's been moved because... Vice Chairman Plummer: Is there a second? Mr. Maxwell: I think you have a seconder. Commissioner Gort: Second. Mr. Foeman: It has been moved and seconded. Vice Chairman Plummer: OK. Commissioner Teele: It's been moved and seconded. Vice Chairman Plummer: All right. Commissioner Gort: It's been moved and seconded. Mr. Foeman: OK. Vice Chairman Plummer: All in favor of the motion, of the ordinance? Mr. Foeman: No, it's an emergency ordinance. Mr. Maxwell: No, no, sir. This is an ordinance. I have read... You need a roll call vote. Vice Chairman Plummer: You have read the ordinance. All in favor of the ordinance? Mr. Maxwell: Roll call. Mr. Foeman: Two roll call. Vice Chairman Plummer: Roll call. Call the roll. Mr. Maxwell: Two... two roll calls. Vice Chairman Plummer: Two roll calls. Three roll calls. 187 April 14, 1998 An Ordinance entitled - AN EMERGENCY ORDINANCE< AMENDING SECTION 2-1013(a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO DESIGNATE THE MAYOR AS A VOTING MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado 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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Regalado and seconded by Commissioner Gort, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11645. 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. 188 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 58. REAFFIRM APPOINTMENT OF COMMISSIONER HUMBERTO HERNANDEZ CITY COMMISSION APPOINTEE TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY. Vice Chairman Plummer: Mr. Teele. Commisisoner Hernandez: Go ahead. Commissioner Teele: I would move that the appointment of the previously named incumbent, Hernandez, is reaffirmed as the representative of the Commission for his term of one year, effective the date he was named. Vice Chairman Plummer: Is there a second? Commissioner Gort: Second. Commissioner Regalado: Second. Vice Chairman Plummer: Under discussion. You are saying, as a voting member of the board? Commissioner Regalado: Yeah. Commissioner Teele: Each, each member of this Commission... Mayor Carollo: The emergency ordinance. The emergency ordinance ran twice or not? Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Yes, it was. Mayor Carollo: Are you sure? Mr. Maxwell: Yes. Mayor Carollo: OK. Mr. Maxwell: Read it twice. No, you don't have to read it twice, two roll calls. Commissioner Regalado: Yeah, he is a voting member. Commisisoner Hernandez: Sure, it's very clear. Commissioner Teele: The ordinance that set this up named one member of the Commission so that in the absence of the Mayor there would be a person there. And the whole idea was the same as all the other boards. Vice Chairman Plummer: So, one... Commissioner Regalado: And the ordinance also said that the next year, the oldest member of this Commission, no, I mean, the senior member of this Commission will be the next member of... 189 April 14, 1998 Vice Chairman Plummer: Tread lightly. All right, Mr. City Attorney, what have you got to say? Mr. Maxwell: Mr. Chairman. The problem... As long as you all clarity exactly what was intended. And this is the kind of discussion that created the ambiguity in my mind when I interpreted the ordinance the last time. Because, what happened, that was an emergency ord... There was an ordinance, and what it did was, even though you by resolution appointed Commissioner Hernandez, what you did in the ordinance was to designate the presiding officer as your designee, and that's what caused the problem there. So you are clarifying that now, and you are saying the language that talks about presiding officer there is Commissioner Hernandez. Commisisoner Hernandez: Which is what I tried to clarify that day. Mr. Maxwell: Yes. That's... Vice Chairman Plummer: All right, is there any further question on the item? Commissioner Teele, pocket items. Mr. Walter J. Foeman (City Clerk): We have to take a motion on that. I mean, we have to take a roll call. Commissioner Gort: We have to vote. Vice Chairman Plummer: Why? That was just to reaffirm what was done before, isn't it. Mr. Foeman: Joel? Commissioner Teele: Did we have a vote on it? Mr. Foeman: No, we haven't voted on your motion, yet. Mr. Maxwell: Yes. I would like that clarification to be voted on. Vice Chairman Plummer: All right. So then there is a motion to reaffirm what was voted on before, and a second. Mr. Maxwell: As explained. Commissioner Teele: No, it reaffirms the... It reaffirms the designee on behalf of the Commission as the incumbent, Commissioner Hernandez, to serve for one year effective of the date that he was named by this Commission to serve. Vice Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Any opposition? Show it unanimous. 190 April 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-388 A RESOLUTION REAFFIRMING THE JANUARY 13, 1998 APPOINTMENT OF COMMISSIONER HUMBERTO HERNANDEZ AS THE COMMISSIONER APPOINTED BY THE MEMBERS OF THE CITY COMMISSION TO SERVE A ONE YEAR TERM AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. (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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 59. DIRECT CITY MANAGER TO SUBMIT APPLICATION TO FLORIDA COMMUNITIES TRUST PROGRAM -- FOR $300,000.00 GRANT -- FOR PURCHASE OF REAL PROPERTY (THE POINT) LOCATED IN SPRING GARDEN NEIGHBORHOOD. Vice Chairman Plummer: Commissioner Teele. Pocket. Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, I would like read a resolution directing that the City Manager submit an application in joint sponsorship with Miami -Dade in an acceptable form to the City Attorney. It's a request for a grant to the Florida Communities Trust Program for a grant of approximately three hundred thousand dollars ($300,000) for the purchase or real property commonly know as "The Point" located in Spring Garden Neighborhood. And basically all this is, is that we are accommodating a community association in asking for a grant to setup a community park, and I know that their representatives, Mr. Martin... Vice Chairman Plummer: Is there a second? Commissioner Gort: Second. Commissioner Regalado: Second. Vice Chairman Plummer: There is a second. Any further discussion by members of the Commission or the public? Hearing none, all in favor say "aye." 191 April 14, 1998 The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-389 A RESOLUTION DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION, IN JOINT COSPONSORSHIP WITH MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA COMMUNITIES TRUST PROGRAM, FOR GRANT FUNDING IN THE ESTIMATED AMOUNT OF $300,000, FOR THE PURCHASE OF REAL PROPERTY, COMMONLY KNOW AS "THE POINT", LOCATED IN THE SPRING GARDEN NEIGHBORHOOD OF THE CITY OF MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANGER TO EXECUTE THE NECESSARY DOCUMENTS, 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 Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ------------------------------------------------------ --------------------------------------------------------- 60. CERTIFY THAT HOUSING PROJECTS IN OVERTOWN TARGET AREAS DEVELOPED BY HABITAT FOR HUMANITY OF GREATER MIAMI AND PROPOSED TO BE DEVELOPED BY HABITAT IN LITTLE HAITI TARGET AREA ARE CONSISTENT WITH MIAMI COMPREHENSIVE PLAN 1989- 2000 AND THE BLOCK GRANT CONSOLIDATED PLAN -- DIRECT CITY MANAGER TO FORWARD RESOLUTION TO STATE OF FLORIDA. Vice Chairman Plummer: Next item. Mr. Teele. Commissioner Teele: The other is an accommodation to Habitat for Humanity. The Mayor has been briefed on the matter and it's a resolution certifying the scattered home sites as developed by Habitat for the Humanity in the Overtown community target area and in the proposed Little Haiti target area, that they be consistent with the Miami Comprehensive Plan and the Community Block Grant Plan and directing the City Manager to move forward copy of the 192 April 14, 1998 resolution to the State of Florida, Office of Tourism and Trade and Economic Development. This is an accommodation for yet, Habitat for Humanity to receive economic grant consideration from the State of Florida. Commisisoner Hernandez: Second. Vice Chairman Plummer: Is there a second? Commisisoner Hernandez: Second. Commissioner Gort: Second. Vice Chairman Plummer: Is there any further discussion by members of the Commission or the public? All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-390 A RESOLUTION CERTIFYING THAT THE SCATTERED SITE HOUSING PROJECTS AS DEVELOPED BY HABITAT FOR HUMANITY OF GREATER MIAMI, INC., ("HABITAT") IN THE OVERTOWN COMMUNITY DEVELOPMENT TARGET AREA AND AS PROPOSED TO BE DEVELOPED BY HABITAT IN THE LITTLE HAITI COMMUNITY DEVELOPMENT TARGET AREA ARE CONSISTENT WITH THE MIAMI COMPREHENSIVE PLAN 1989-2000 AND THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN; DIRECTING THE CITY MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE STATE OF FLORIDA OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT. (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 Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 193 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 61. (A)DIRECT CITY MANAGER TO SCHEDULE WORKSHOP TO DISCUSS PROPOSED RECYCLING ORDINANCE -- FURTHER DIRECTING MANAGER TO RESEARCH WASTE COMPANIES OPERATING WITHOUT PROPER PERMITS. (B)BRIEF DISCUSSION ABOUT DRAFTING AGREEMENT BETWEEN BASIC TRAINING AND CITY -- FOR THEIR USE OF CITY OWNED BUILDING AT 224 N.W. 12 STREET -- SEE LABEL 65. ---------------------------------------------------------------------------------------------------------------- Commissioner Teele: Mr. Chairman, I would like to request of the Manager, specifically that we hold a workshop, if possible on recycling... on the recycling ordinance which I would like to bring forward in the next Commission meeting. I would ask that a memo... a copy of the ordinance be made available to the Commission and the Mayor, and that the Mayor specifically be briefed. Mr. Manager, since the debate I have seen a whole other world of Solid Waste. We have companies that are picking up trash whose names I have never heard of, whose names are not on any of the lists that we have reviewed. Is Big Apple familiar to anyone? They are all over District 5. I mean, there is... There are names of companies that are picking up trash that are not paying a fee obviously, that are all over. Vice Chairman Plummer: Probably, out of Broward. Commissioner Teele: In addition, the recycling business is a booming business. I predicted that there would be a gray market. And the recycling bins for commercial, Mr. Manager, look just like the regular bins. And what this is, is recycling is a way for some companies, I am certainly not suggesting all companies, to collect waste, call it recycling, go out and sell it on the spot market and not pay the City the ten percent or the twenty percent fee. And I think that is a gray market we're... that we're creating that we need to close up right away. And so, I would really ask that the Manager hold a workshop before the next meeting and brief the Mayor especially, and the Commissioners on what it is we are trying to do in terms of the revenue. In this regard, Mr. Manager... As I said before, I invited the Mayor to go into some of the districts. There is just open debris all over Overtown and Little Haiti, and especially in portions of Little Haiti where I even, you know, invited the Mayor to look at this. He really couldn't believe what he was seeing. But it is something, you know, that I really think that this concept of District Commissioners has a real advantage. And it really means that we have to be focussed on an area. And I commend Commissioner Regalado and Commissioner Gort, and others who really are working with the Manager, Mr. Pinon. But I obviously, need to get more access, Mr. Manager to Mr. Pinon and his workforce people that are out there cleaning up. I am going to bring up at the close of the CDBG (Community Development Block Grant) one of the worst slum buildings in the City of Miami that I have been able to identify. And I am going to ask later on today that we earmark that building for a special action. But, Mr. Manager, the building is owned by the City. We have been sending summons. We have been sending fines. This is in Overtown that... what is it, Project 242 or 224? Open prostitution in and out of the building. The building is overgrown, and the fact of the matter is, when the smoke clears, it's a building that was a co-op that the City funded, three hundred thousand dollars ($300,000) J.L., and then everybody walked away from it. Well, guess what? When you are in the first mortgage position, you own the building. So since 1989, that building has been largely abandoned and clearly for the last four years, no one has lived in that building. Vice Chairman Plummer: Two forty-two Northwest... 194 April 14, 1998 Commissioner Gort: Third Avenue. Commissioner Teele: Third Avenue. Is it...? Ms. Linda Kearson, Esq. (Assistant City Attorney): Twenty-fourth. Commissioner Teele: Twenty-fourth Street. On the corner of 3rd Avenue. Mr. Kearson: No. Two twenty-four Northwest 12th Street. Commissioner Teele: Twelfth Street. Northwest 12th Street. In fact, I asked... Christina, did you go by there? Ms. Christina Cuervo (Asst. City Manager): Yes, sir. Commissioner Teele: I mean, it's really a regrettable situation. I am going to be asking later on, Mr. Chairman, and Mr. Mayor, that the... that an Overtown organization, the people that are here in green, at least get the building for the purpose of fixing it up, and transferring it and let's get it to some real use. But it is absolutely a disgrace, and we have pictures of it that we would like to show the Commission of what it really looks like. But it really just gets down to the fact that we have got to do a much better job of getting our records. And the real problem, Mr. Manager, is as much a legal problem as it is a management problem, because the titles have never been changed. And we are not saving anything by not changing the titles. By not perfecting our title, because we are sending notices to an entity that doesn't exist. So we are sending out 30, 40, 50 notices over the last four years to an entity that doesn't exist, and the situation doesn't change. So, I ask... Commissioner Regalado: Can we give away the building, Commissioner? Commissioner Teele: Yeah, that... What I am going to propose to do as a part of the CD (Community Development) process today is that we basically enter into an agreement to work with the... the organization... Unidentified Speaker: Basic Training. Commissioner Teele: ... Basic Training. The organization that Mr. Stallone has worked with to let them get control of the building. To begin some sweat equity on the building. Let's work with them, and let's see if we can do a cooperative agreement, and see if there is some way we can solve some of the Basic Training problem of... that has people that are trying to get themselves off of substance, and trying to get their lives going in the right direction. They don't have place for the people. They have people sleeping on floors. And so, there is a way that we can work this together, I think. And there is really no one to blame, per se, Mr. Mayor. But the fact of the matter is, it's unbelievable that the City of Miami, really at the end of the day would be the owner of the building. Vice Chairman Plummer: All right, sir. Mr. Hernandez. Pocket items. Ms. Kearson: Well, may I state something for the record please, Commissioner? Vice Chairman Plummer: Yes, ma'am. Ms. Kearson: While we will work with this organization, we do have to go through the foreclosure procedure. We have begun that. We are awaiting a foreclosure title commitment as 195 April 14, 1998 we speak. Now it will take us approximately six to nine months to fully foreclose that property. In the interim, we can work with this organization, but we do not own the property. Legally, we don't own it. So, let us... Let us proceed with the legal matters and work along with your organization. ---------------------------------------------------------------------------------------------------------------- 62. AUTHORIZE REQUEST FOR PROPOSALS FROM QUALIFIED FIRMS AND / OR INDIVIDUALS -- FOR SPONSORSHIP OF BAYFRONT PARK AMPHITHEATER -- FURTHER AUTHORIZE FIFTEEN PERCENT FEE (FROM ANNUAL SPONSORSHIP REVENUE) FOR PROCURER OF SPONSOR. Vice Chairman Plummer: Mr. Gort, pocket item? I have one which I really don't understand why I have to do it, but the Law Department says I have. [AT THIS POINT, VICE CHAIRMAN READ THE RESOLUTION INTO THE PUBLIC RECORD.] Vice Chairman Plummer: I so move. Commissioner Teele: Second the motion. Vice Chairman Plummer: Any further discussion by public or Commission? Hearing none, all in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous. 196 April 14, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-391 A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST (TRUST) TO REQUEST PROPOSALS FROM QUALIFIED FIRMS AND / OR INDIVIDUALS) TO ASSIST THE TRUST IN SOLICITING CORPORATE SPONSORSHIP FOR THE BAYFRONT PARK AMPHITHEATER; FURTHER AUTHORIZING THE TRUST TO COMPENSATE THE FIRM OR INDIVIDUAL(S) WHO PROCURES THE SUCCESSFUL SPONSOR BY PAYING SAID FIRM OR INDIVIDUAL(S) AN AMOUNT NOT TO EXCEED FIFTEEN PERCENT (15%) OF THE ANNUAL SPONSORSHIP REVENUE ON SUCH TERMS AS MAY BE ACCEPTABLE TO THE TRUST. (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 Wifredo Gort Commissioner Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. ------------------------------------------------------ --------------------------------------------------------- 63. DIRECT CITY MANAGER TO TOUR CITY WITH MAYOR TO INSPECT TRASH PICKUP - SEE LABEL 61. Vice Chairman Plummer: Mr. Mayor, you have an item you wish to bring to the table. Mayor Carollo: J. L., I am going to take the chair back for the meantime. Before I address some of the statements that Commissioner Teele was making, and he was so correct. When we went out and started seeing piles of trash out in the streets that the neighborhood told us were out there three and four weeks, and some more than that, that's totally inexcusable. And I will say, if our top administrators would be travelling through the City and seeing this, I am sure that it will be picked up. Mr. Manager, you and I are going to start bonding, at least half a day during each week, we are going to do a tour of the whole City. And we are going to keep doing that until the trash is picked up timely from every neighborhood. I know that Mr. Pinon, and I commend on this, has worked very hard in certain sections of the City that were having the same problem, East Little Havana. But there is no excuse, whatsoever, for any part of the City of Miami to look like this. It's embarrassing and I for one, will not stand for it, Mr. Manager. There is no excuse for it whatsoever. I think that, not just Commissioner Teele, but some of the other Commissioners that are going through some of the same problems are being quite patient. But as we all know, patience has its limit. 197 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 64. CONTINUED DISCUSSION OF ADVANTAGES TO CITY OF JOINT PARTICIPATION AGREEMENT FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND -- DIRECT CITY MANAGER TO SEEK OPINION OF CITY'S EXTERNAL AUDITORS AND FINANCIAL ADVISORS REGARDING PARROT JUNGLE JOINT PARTICIPATION AGREEMENT -- SEE LABEL 41. Mayor Carollo: Before I go into some other areas that I would like to address. If I could ask my colleagues to go back to the Parrot Jungle item that we had recently approved, and if you could go to the Joint Participation Agreement between Miami -Dade County and the City of Miami for the Parrot Jungle and Gardens... Vice Chairman Plummer: Item 35. Mayor Carollo: ... Section 108, Loan Guarantee Application, which is item 35. If you could go down to number one, the first page of this agreement, and if... I'll wait until we all find it. Commissioner Regalado: It says "the County loan shall be provided." That's...? Mayor Carollo: Yeah, we are going to go down to... on one to the third line. At the end of the third line it says... "and the City had determined in its sole discretion that it can apply and substitute itself a guarantor for a maximum of the 80 percent of the County loans guaranteed." You know, when I was given that I was very happy, you know, I had no problem with it even though a lot of what my colleague, Commissioner Teele has said, I could understand that. Because, the truth is, and I feel bad for Bert Levine, because, you know he's done everything he can by the book. He hasn't played any games with anyone. But the truth is, that from day one, the County had committed to be the ones that were going to back that 108 loan. And you know, there were some lobbyists that were out there were moving to have assured this on the County side. Well, it didn't happen. They have come back to us and we have to decide what to do. But, here's the dilemma that we have now, that's why I read that part of the paragraph. The County Manager, Merrett Stierheim, just called me and he has informed me that the part that I read was not part of the agreement that he had with our City Manager. That was not part of what the Dade County Commission had agreed to approve. So we have a dilemma that if it stays the way we have approved it, I am told that this is not what they had agreed to, therefore, it stands a very good chance of not being approved by the County Commission, and we are back to square one. I was not privy to those discussions. I don't know if what the County Manager has stated to me is correct, Mr. Manager. I don't know if maybe once you gave it to the Law Department, they tried to protect it so much, rightly so, like attorneys should, that maybe they included more than what was agreed to. But I was not part of those conversations so you all are going to have to tell me what was... Vice Chairman Plummer: Mr. Mayor. Mayor Carollo: ... agreed to, what was not. Vice Chairman Plummer: Mr. Mayor. I, Commissioner Regalado and Commissioner Gort were present at the meeting of the County Commission. There was never, ever any question, as to the City taking over the responsibility at its discretion when it was financially feasible. The question was asked and the answer was given. Could that be four years, ten years or twelve years. It 198 April 14, 1998 could have been never, and that was part of the record. That in fact, it was at the sole discretion of the City as funds became, but at no time would it be less than what was under the Oversight Board. So, in other words, it was fully understood that at no time would the City be able to undertake any of the obligation until we were out of the Oversight Board. Commissioner Regalado: And if you... Vice Chairman Plummer: But beyond that point, at the discretion of the City. Commissioner Regalado: If you look in the minutes, you will see that what you are saying is what happened there. Vice Chairman Plummer: Yeah. Commissioner Regalado: And then, the former County Manager said "Everybody understand?" and on the record, Commissioner Souto and Commissioner Alonso said... "yes, that that's what we understand. As a matter of fact, one motion that Commissioner... one of the Commissioners introduced, Jimmy Morales, it failed because he wanted to subordinate the rent to... Vice Chairman Plummer: The annual payments. Commissioner Regalado: ... to, to the... and it failed. So, what... what was said on the record is that the City would not have any responsibility until the financial emergency was over. Vice Chairman Plummer: Well, I think where we need to go even deeper is to the City Manager. Mr. Manager, you spoke with Mr. Stierheim and it was my understanding that this was somewhat... what was the understanding between the two of you? Mr. Jose Garcia -Pedrosa (City Manager): Well, let's go back to the discussion we had earlier... Commissioner Regalado: Yeah. Mr. Garcia -Pedrosa: ... and Mr. Mayor, you weren't present at the time. Commissioner Teele tried to focus our attention on the matter that we were committing 50 percent of our capacity in advance as opposed to getting to the point down the line where after the financial emergency was over, or after four years, whichever comes first, which is the deal now, we would consider it. And Commissioner Teele, you correct me if I am wrong, I don't you prevailed this afternoon when we discussed that. What I think may have happened, Mayor is precisely what you surmized and that is that this language found its way into draft as an additional protection, but I described the transaction as Mr. Stierheim and I discussed it. And I described it as it set forth in my memorandum. And I think it was understood this afternoon, that regardless of what happened back when several of our Commissioners went to the County Commission, a lot has happened since and the position of the County is today, and has been consistently that come four years from now or come the end of the Financial Emergency Oversight Board, we have no discretion. Mayor Carollo: Whichever comes first? Mr. Garcia -Pedrosa: Whichever comes first. The four years or the end of the Oversight Board. Mayor Carollo: The four years of the end of the Oversight Board. Mr. Garcia -Pedrosa: Which was exactly the point that Commissioner Teele was addressing earlier this afternoon. And what we were able to negotiate, Mr. Stierheim and I, is the fact that 199 April 14, 1998 the trigger be that as opposed to an earlier version of the trigger which you will remember from your earlier meeting was much more disadvantageous to the City. But at the time that one of those two eventualities happens, whichever happens first, as Commissioner Teele explained to us this afternoon, we are committing to substitute ourselves to the tune of... our capacity to... as guarantors under this law. And so... Vice Chairman Plummer: I don't think there is any question about that. Mr. Garcia -Pedrosa: Well, but that's the point the Mayor makes, and he's right... Vice Chairman Plummer: Yeah, but there has to be another thing said. And that is the fact that it was clearly indicated that under the City's capacity presently, that there was no way that the Oversight Board would let us commit any further capacity than what we have already used for the... the fear of a default and that the City would have to make it good. And that was the only reason that they went and applied to the County because we did not have the capacity which we felt that the Oversight Board would allow. So, you know, you are talking... From day one, Mr. Mayor, let me just make one correction. From day one, there was to be a consortium of banks. What happened was, the consortium of banks backtracked when in fact some people in this community decided they wanted to put a thing on the ballot about abolishing the City. The banks went bombastic and backed out. And for that reason, is where the problem came that the 108 was necessary to be an implementing factor of financial success. There are other factors included and I don't remember exactly the numbers, but there is to be fifteen million as I recall from the private sector. There is a six million dollar ($6,000,000) from the actual applicant himself. There are other factors involved because we are now no longer what was originally described as a twenty-five million dollar ($25,000,000) loan. We are now up to approximately forty-eight million dollars ($48,000,000) in a total complex. So, those are the items. Mayor Carollo: Well, we lived through that, J.L., and that aspect of it, I was here for. The Manager has clarified what I was told by Manager Stierheim from the County and as I suspected, he understood it correctly. It was the Law Department that, rightly so, in trying to protect our interest as much as they could, added some additional language that was not agreed to. Now, that was in their conversation, Manager to Manager. Whatever was agreed, Commissioners to Commissioners, is another story. Nevertheless, I have an obligation to inform this body of what I have been informed of by the County Manager what has been approved by us here, is in contrary to what has been explained to us by our own Manager what supposedly the County is agreeing to do, at least as of today, and... Vice Chairman Plummer: So where are we? Mayor Carollo: Well, where we are at is, is they are asking us to take that portion of this paragraph out of what we have approved. And basically, the bottom line is, that in at least four years, if not before, we are going to take up the 80 percent guarantee. Commissioner Gort: Right. Vice Chairman Plummer: I have a question. If I am not mistaken, the Oversight Board is not for a period of five years, it's two years beyond financial stability. Mayor Carollo: No, no. No, sir. It's three years beyond the two full years that we have a balanced budget. After we have a balanced budget for two years... Vice Chairman Plummer: It will, it... Mayor Carollo: ... they are supposed to be around for another three years. However, of course... 200 April 14, 1998 Vice Chairman Plummer: So it could be more than five? Mayor Carollo: It could be, that's correct, or it could be less if the Governor at any time decides, you know, they have done enough of their work so they are not needed any longer. But at least according to the contract that we have today, you are looking at a minimum of a full five years. Vice Chairman Plummer: All right, I'll tell you what, I'll make a motion to get off the nickel. Ms. Linda Kearson, Esq. (Assistant City Attorney): You first have to move to reconsider because if what you approved was the language as written, you need to first move to reconsider the item. Vice Chairman Plummer: I'll move to reconsider. Commissioner Gort: Second. Ms. Kearson: Item number 35. Vice Chairman Plummer: Thirty-five. Commissioner Teele: It dies for lack of a second? Vice Chairman Plummer: I am sorry? Commissioner Teele: It dies for lack of a second. Vice Chairman Plummer: No, Mr. Gort seconded it. Commissioner Gort: I seconded it. Commissioner Teele: Oh. Vice Chairman Plummer: OK? Ms. Kearson: OK, now you can make a motion. Mr. Walter J. Foeman (City Clerk): Well... Mayor Carollo: OK, there is a motion. Vice Chairman Plummer: All right, I'll make a motion just to get off the nickel. Mr. Foeman: We need to... Excuse me, we need to make a roll call on... Mayor Carollo: There is a motion by Commissioner Plummer, is there a second? Mr. Foeman: Excuse me, we need to call the roll on the reconsideration. Vice Chairman Plummer: On the reconsideration. Ms. Kearson: Oh, I am sorry. Vice Chairman Plummer: All right, call the roll on reconsideration. 201 April 14, 1998 Mayor Carollo: Call the roll, please. Mr. Foeman: Roll call, Commissioner Plummer. Commissioner Teele: Discussion. Mayor Carollo: Discussion. Any further discussion? You have been so silent now, you know, I thought you stepped out. Commissioner Teele: Well, I mean, you know, look, Mr. Mayor. Here we go again. Now... Mayor Carollo: I know. I know. Commissioner Teele: This 108 deal is not being properly explained. If there is a default on the 108, who is obliged to pay for it, under this? Mr. Garcia -Pedrosa: During the time that the County is the guarantor, it's the County, to the extent of their guarantee, and then to the extent of ours when we take over, we have that obligation but it is offset as set forth in Paragraph 2 of my memorandum as I explained this afternoon by virtue of our retro payments. Commissioner Teele: But let me just understand this. If, for whatever reason, Parrot Jungle defaults in the second year, do we still have to take over the loan, the way this is being written? I mean, does that make any sense to anybody? Mayor Carollo: We do. We have to take it over in the fourth year. Commissioner Teele: Yeah, but I'm... I am... Mayor Carollo: It's clear. Commissioner Teele: Mr. Mayor, she said, "yes." Mayor Carollo: Yes. Commissioner Teele: I mean, does that make any sense to anybody? Mayor Carollo: Well. Commissioner Teele: That you would be... You would set yourself up to take over a loan in default. Commissioner Teele: Plus they get one hundred thousand dollars ($100,000)... Vice Chairman Plummer: You know... Commissioner Teele: for 20 years. Vice Chairman Plummer: Let's... I think we need to put it right on top of the table. Without the 108, the Parrot Jungle is a dead bird. I mean, it's just that simple. I don't see it any other way. Commissioner Regalado: Of course. 202 April 14, 1998 Commissioner Teele: Yeah, but the County has the 108 capacity. Vice Chairman Plummer: Sir, I was there. Regalado was there, and Gort was there. I am going to tell you in my honest opinion that members of that Commission were not really satisfied with what they came out with. They wanted more, more. I told you before, I am going to tell you again. Commissioner Gort: They wanted part of the revenues. Vice Chairman Plummer: I thought I was going there for a deal that was already manufactured and I was basically going there to say thank you, OK? When I get there and I am faced with all of this thing, every Commissioner, it seemed like had a different idea how they were going to get a piece of the action. Everyone of them, OK? Now, you know, ha. One wanted part of the rent. One wanted part of an aviary. One of them wanted this, one of them wanted that. And I thought we came back with some kind of an agreement. I say to you that if we don't proceed... You know, I think we all understood and agreed that somewhere down the line that we were going to have to take over the loan, and we agreed to that. Somewhere down the line. Now, either we have faith that this bird is going to fly, or let's clip it's wings right now and get it over with. Commissioner Teele: Yeah. Vice Chairman Plummer: But I don't think that we need to sit here, and sit in hatchery and wait to see whether or not that these eggs are going to hatch. Commissioner Teele: Mister... Mayor Carollo: Go ahead. Commissioner Teele: With all due respect, you know, part of what we have to do as a Commission is try to be deliberate about the City funds. Now... Vice Chairman Plummer: Absolutely. Commissioner Teele: ... you know, with all due respect, the 108 loan is guaranteed by what? Community Block Grant Development money. So if this bird doesn't fly, all these people that are sitting out here now, that you are looking at and I am looking at, need to know that in two years, three years, they are the ones who won't fly, because that's what we are gambling on. We are gambling on everybody in this room's future, that the Parrot Jungle flies. And if it doesn't fly, how much is it a month... a year that we are talking about? What's their annual? What their annual payment? Ms. Kearson: Well, for the first two years, it's two hundred thousand dollars ($200,000) and then it escalates to a percentage... Commissioner Teele: And after that, how much is it? I mean, let's... let's... Vice Chairman Plummer: For the loan. Commissioner Teele: But we, as a Commission need to know what we are betting on. Ms. Kearson: I don't know what the loan payments will be. We don't know that at this point. Commissioner Gort: We don't have that. [phonetic] 203 April 14, 1998 Ms. Kearson: We don't know. Vice Chairman Plummer: Yeah, we also got to look... Commissioner Teele: But it requires... It's a twenty million dollar ($20,000,000) loan, right? Vice Chairman Plummer: Twenty-five. Ms. Kearson: It's a twenty-five million dollar ($25,000,000) loan. We would have to... Commissioner Teele: But it's 80 percent... Ms. Kearson: Eighty percent. Commissioner Teele: ... so it's twenty million? Ms. Kearson: That's correct. Commissioner Teele: And we know that in ten years, the 108 has to be repaid, right? Ms. Kearson: Well, it could be 20 years. We could have a 20-year... Vice Chairman Plummer: I think it was 20. You know, I think on the other side of the coin, Art... Commissioner Teele: J. L., let me just finish. Vice Chairman Plummer: Sure. Commissioner Teele: I want to tell you where I am on this. If we are going to do the 108, Mr. Mayor, then I think you as the Mayor, should help us figure out how to get the best deal for the City. Because right now, you know, it's that old song, "she's got the gold mine, I have got the shaft." Right now, the County is getting the gold mine and the City is getting ready to get the shaft. But it's not the City, it's the residents of the City. Now, if you want to do the 108, 1 could go for the 108. Let's just take the County out of the way. Because let me tell you something, this deal is set up very brilliantly by the County. Vice Chairman Plummer: Will the Oversight Board let us. Commissioner Teele: Now think about this, gentlemen. Think about this for a minute. The County has essentially no exposure. You just said, for the first two years, the payment is what, two hundred thousand dollars ($200,000) a year? Ms. Kearson: Our lease payment. We don't know what the loan payments are. Vice Chairman Plummer: That's our lease. Ms. Kearson: We have no idea. Vice Chairman Plummer: That's how much we get. Commissioner Teele: But the County wants us to subordinate that, right? Ms. Kearson: That's correct. 204 April 14, 1998 Vice Chairman Plummer: No. Commissioner Gort: No. Vice Chairman Plummer: No, that was being asked. One asked... Commissioner Morales asked that the subordination of the... of the rental be... Commissioner Teele: Is it in the document or not? If it's not in the document, fine. Vice Chairman Plummer: No, it's not in the document. Commissioner Teele: There is no subordination of... Vice Chairman Plummer: It was discussed, but there was... It was never adopted. Commissioner Teele: There is no subordination, Madam... Mr. Garcia -Pedrosa: Actually, there is subordination after the trigger that causes us to become 80 percent guarantors. Vice Chairman Plummer: But that's the amount of the one hundred a year. Mr. Garcia -Pedrosa: No, no, no. Commissioner Teele: No, no, no. Mr. Garcia -Pedrosa: No, no. ... during the first five years there is no subordination, or four years or whatever the shorter time frame is, there is no subordination... Vice Chairman Plummer: All right. Mr. Garcia -Pedrosa: ... the way this deal is structured. Once we become 80 percent guarantors... Vice Chairman Plummer: Right. Mr. Garcia -Pedrosa: If, if there is a default... I'll tell you what Mr. Stierheim and I negotiated. Ms. Kearson: Well, that's not... That's not what stated here. Now, correct me if I am mistaken. We are obligating the City to cure or to reduce the amount of a monetary default during the next what, four year period. We are talking about the time... Mr. Garcia -Pedrosa: Yeah, but here is no subordination over that period. We are simply guaranteeing... Ms. Kearson: No, but we are still guaranteeing. Mr. Garcia -Pedrosa: Right. Commissioner Teele: Yeah, but just hear what we are doing. I mean, seems to me this is... This deal is not nearly as hard as it sounds. It's a real simple deal. Take the County totally out of the deal. Vice Chairman Plummer: All right. 205 April 14, 1998 Commissioner Teele: That's, that's a much better deal because you have got... Listen, J.L., we have to... Commissioner Gort: I agree with that. Commissioner Teele: We have to put up if they default during first four years anyway, right? Mr. Garcia -Pedrosa: Proportionally to our lease payments versus the one hundred thousand dollars ($100,000). Vice Chairman Plummer: So, in effect, what you are saying is, we are not really concerned about default? Commissioner Teele: No, that's not what I am saying. What I am saying is, is that the only thing that's in this deal for us is the liability. The assets are with the County. Vice Chairman Plummer: All right. Commissioner Teele: The County gets two million dollars ($2,000,000) and one hundred thousand dollars a year in aviary deals. They get these other considerations that they are getting, plus we've got 80 percent of the liability. Vice Chairman Plummer: Mr. Manager. Commissioner Teele: Take the deal over. Vice Chairman Plummer: If you're... In your opinion, will the Oversight Board allow us to assume such an obligation? Mr. Garcia -Pedrosa: It's always tough to say, but... Vice Chairman Plummer: Well, that was the question that was asked before, and that was the reason they went to the County. Commissioner Teele: Before you answer, Mr. Manager. We have the obligation, anyway. That's the whole point. Commissioner Gort: Right. Commissioner Teele: Just listen to what we have got here. Commissioner Gort: We got it. We got... Commissioner Teele: We have got the obligation anyway... Mayor Carollo: Well... Commissioner Teele: ... and we have got the liabilities, but none of the assets. We don't have the assets. Mayor Carollo: Art, that's simple mathematics. Two million dollars ($2,000,000) versus a lot less than that that we will be obligated to. You know, I... You know, I am not an Ivy League finance graduate, but, you know, it's simple to figure that one out. I tell you, I really feel for 206 April 14, 1998 Bern Levine because he has been jogging back and forth, back and forth, back and forth, and at the same time, this is something that is really important to Miami. This would lay a key foundation for us in the center of the City. Not just it's going to bring the jobs that Parrot Jungle is going to bring. But what it's going to do for Miami is, is going to create one major foundation that is going to attract tourism in Miami. And that's going to help us bring another one to the other side of Watson Island, whichever it might be and then it will help us to build another one on the other side of Seaquarium on Virginia Key so then we could have at least four tourist attractions down in Miami that will guarantee us then that tourists, business people, family people that come to Miami will stay at least one more night in Miami, and what that one more night is going to mean is, millions of dollars of revenue to Miami and thousands of new jobs that will be created when new and additional hotels are built, shopping centers, so on and so forth. And this is why Parrot Jungle is so key to have built, but the last portion of what's been negotiated in the last four months frankly has not been done in a good, business style. We have not dealt with this in a businesslike manner. I know that there has been a lot of changes, but at the end of the day, we need to bring this to... to a head. I mean, I... This is so important that I am even willing to call a special meeting, if need be, later on in the week so that we could resolve it correctly. We could have the opportunity to meet with the County. I certainly will have no problem in bringing some probono experts from the private sector that will meet with us and the County people to see if we could come to something that's better for us, if not, it might be better for us just to take over the whole deal right now and take the one hundred thousand dollars ($100,000) that Parrot Jungle is willing to give to the County for 20 years. Mr. Garcia -Pedrosa: The question that we have been discussing here on the sidebar, Mayor is whether that's really available. You see, there is no, there is no guarantee, to say it mildly that we are to get that two million dollars ($2,000,000) over 20 years. You might end up with an increased liability and no increase in assets. Mayor Carollo: Well, but that could also be worked out in a contract with Parrot Jungle. Mr. Garcia -Pedrosa: I will tell you that Mr. Stierheim discussed the out years of the one hundred thousand with me, and for obvious reasons was not... Mayor Carollo: Well... Mr. Garcia -Pedrosa: ... willing to let go of those. And, and I am not sure that just because they OKed it, we take out the County now. I am not sure whether that that... I don't think that gives you... We are working with counsel to see if they can give us a legal angle on it, but I don't think that automatically gives you the two million dollars ($2,000,000). Commissioner Teele: There are conditions. Mayor Carollo: Well, not only that, but there is another factor in fairness that we have to consider in that. And that is, that the one hundred thousand that's on paper the way that Parrot Jungle has worked it out with the County might not necessarily cost them one hundred thousand, might be thirty, forty thousand that they figure it might cost them, even though on paper it's one hundred. And the benefit of what they will give Dade County is one hundred, what it's going to cost them out-of-pocket will be about one-third of it. But, I am open for suggestions from this Commission. Commissioner Gort: Let me ask a question. Let me ask a question. When is this supposed to be in front of Dade County. Mayor Carollo: The County Manager expressed to me that if this is corrected today in the form they were agreeable to as I described, that he could it before them on Tuesday. 207 April 14, 1998 Commissioner Gort: This coming Tuesday. Mayor Carollo: This coming Tuesday. Now... Commissioner Gort: A week from today? Mayor Carollo: That's correct. Commissioner Gort: OK. Mayor Carollo: If we delay this for another day or two, I don't know if they could still have it there on Tuesday or if they are going to have to meet again, or not. But, I would assume that this should be just as important to them as it is to us, so... Commissioner Gort: Well, they are the ones that have been pushing. I mean... Mayor Carollo: ...they can call... They can call a special meeting on it, too. Commissioner Gort: The County Manager is the one that has been pushing this project quite a bit, and the Greater Miami Chamber of Commerce and all the people down there, they are the ones that want to get it done, too. Vice Chairman Plummer: They were all there at the meeting. Commissioner Gort: So, they better start playing ball if they want to get it done, too... Commissioner Teele: Mr. Mayor. Commissioner Gort: ... because they are the ones that really push it. Mayor Carollo: Commissioner, go ahead. Commissioner Teele: Mr. Mayor. Look... Commissioner Gort: Well, Commissioner Teele, let me finish. Thank you, sir. Mayor Carollo: Go ahead. Commissioner Gort: My suggestion is, let's leave it as it is. You get together with the County people, with the Manager or whoever and see if any changes can be made. If changes can be made, we will make a decision before Tuesday and they can have it. Mayor Carollo: OK. That's fine. Commissioner Gort: Sorry. Mr. Teele. Vice Chairman Plummer: I think that's about all you can do. Mayor Carollo: Well, but that I think is a fair way of going about it now. It gives me the leeway of being able to talk to the County Manager. The County Mayor is back, I could talk to him and some of the Commission members there and see if we could come to a clearer solution to this and if we have to make some changes then, we'll call a special meeting that will be brief, I am sure sometime this week. 208 April 14, 1998 Vice Chairman Plummer: Well, I have got a problem with that, but let's see what happens. Commissioner Gort: OK. Mayor Carollo: Well, tell me, J.L., how you would prefer to go about it. Vice Chairman Plummer: No, no. I am supposed to be out of town. That was the only reason I said this week. But, hey, if worst comes to worst, we'll see what happens. Mayor Carollo: OK. Commissioner, go ahead. Commissioner Teele: Mr. Mayor, I am in support of the position that you have outlined and Commissioner Gort. The only... the important thing I think that you have said that should not be overlooked. Is that we really should bring in our external auditors, our financial advisors. We have got all these people on retainer, we are paying them, and we should get their advice. I think this type of decision is a twenty million dollar ($20,000,000), twenty-five million dollar ($25,000,000) decision. It directly impacts the taxpayers of this community. It directly affects the Community Block Grant Development because if there is a default, let's be very clear, HUD (Department of Housing and Urban Development) is going to charge and reduce our CD allocation by the amount of the 108 if we don't pay it back. That's how it gets repaid. So you know, HUD is in a position where they are going to get their money. I strongly agree with the statement you made, Mr. Mayor, and that is, this matter should be handled in a more businesslike way. We should have the alternatives and economic analysis of the options that we have before us now, whether it's in our best interest. Because I think, with or without the two million dollars ($2,000,000), my instinct is, we have got 80 percent of the liability anyway. We have eight... Under this agreement we have... Is it 80 percent or 100 percent after the four years? Mr. Garcia -Pedrosa: Eighty percent. Commissioner Gort: Eighty percent. Mayor Carollo: Eighty percent. Mayor Carollo: Eighty percent. Eighty percent. Commissioner Teele: We have 80 percent of the liability of this anyway. And we all know, and we have to reimburse them 80 percent during the first four years. Is that right? Mr. Garcia -Pedrosa: No, we have to reimburse them... Commissioner Gort: No. Mayor Carollo: No, no. Commissioner Gort: After. Mr. Garcia -Pedrosa: ... an amount prorata comparing our lease payments, net of what we give to the State to their one hundred thousand dollars ($100,000). Commissioner Teele: Our lease payments are what? Mayor Carollo: It escalates in the first four years. 209 April 14, 1998 Commissioner Teele: The first four years is what, though? Mayor Carollo: It was supposed to be, I think, three hundred thousand... Commissioner Teele: I thought it was three hundred thousand, but I... Mayor Carollo: Then it would... Yeah, I had negotiated that back then from two hundred after the second year. But I think by the... I forgot what the fourth year will be, but it escalates. Commissioner Teele: Well, it just seems to me that if we have to take them out, whether they are in default or not, then we own this whole note, and we should act like we own it, and we should at least consider that... Mayor Carollo: Well... Commissioner Teele: ... as an option. Mayor Carollo: You... Commissioner Teele: Mr. Mayor, the only point I want to make here is this. When this thing started out, this was a County obligation which has turned around and become a City obligation, and I really have grave reservations about committing 50 percent of the total City capacity to one project. And I support moving forward, but I think, you know, we need to keep this mind because this has a chilling effect on all the other projects that we bring forward. Ms. Kearson: That's right. Mr. Garcia -Pedrosa: Mr. Mayor, let me add, if I might, so that the Commission is clear on... on the first four years. There is one other provision that is very important. If you believe, and I am not suggesting this to be the case, but there is a good argument for this. If you believe that the critical years are the first few years, then our liability is also capped in a different way under this agreement, and that is, our liability is capped by the amount of our lease payments. So at least in the first four years we do have that protection. Now, it doesn't speak to the issue you raised, Commissioner Teele, of what happens if the loan goes into default in year two, do we have to take it over in year four? Commissioner Teele: You see... Mayor Carollo: The thing that is bothering me, and it just not with this agreement, the way it's gone forth, the last part of this. Commissioner Teele touched upon something that you know, should have been a given. Why weren't our financial advisers consulted in this? Why do we have financial advisers, if they are not going to give us any advice on this? None of us up here are financial experts. You are not a financial expert. That's why we have financial advisers. Mr. Garcia -Pedrosa: I don't know if they weren't, Mayor. This transaction was completed, and by the time that this issue arose, the only question was the demand that came out of that meeting that our three Commissioners attended that we take over the loan at a certain point. And even then, it was phased at our discretion. So, I don't know what analysis was done back then. Mayor Carollo: Yeah, I understand that. Commissioner Gort: Mr. Mayor, let me add something. Mayor Carollo: Hold on, Commissioner, if I could finish on this. I understand that you came in January. You weren't there when some of this might have still have been transpiring. 210 April 14, 1998 Mr. Garcia -Pedrosa: They may... They may have analyzed this thing completely. I don't know. Mayor Carollo: But, see, you know, being the good attorney that you are, that's one of the things you should have gone right down the line and double checked for us. That's why you are the Manager. That's why we put that trust in you. And really, going beyond just this issue here, we need to establish, and this is something that I want to do, because we have about 1,000 prime, virgin waterfront acres that we need to develop to bring millions in recurring revenue and thousands of new jobs for this community. There is no City in the whole country, maybe in the whole world, no major City that has so much virgin waterfront property available. And we need to, and I am going to make sure that we establish a procedure where every time that we are going to be meeting with people that come with plans and ideas or potential investors in our waterfront property or other key properties, that we establish a procedure that we are going to be following that we will go about in a businesslike manner, where people from the Planning Department are brought in from the beginning. The Law Department, even the Police Department to make that whoever is coming and making an offer is really solid and who they say they are. You know, we had a problem some years ago that we should have learned from. We need to have every key area of our City involved, every department that should be involved, involved in this process. For instance, Mr. Manager, I, I find it very disheartening when I hear that a potential investor, no matter how solid they might be or how much off the wall they might be. If they come to the City of Miami and they meet with you that I have never heard one word from you that you met with them, not even an offer, if I wanted to be part of the discussion. Not a memo explaining, outlining what it is they wanted to offer so that I and this Commission can decide if it makes sense, if we want to pursue it or not. See, these are not... Mr. Garcia -Pedrosa: I think you neglected to mention, Mayor, like if you are talking about the developers that come to see me... Mayor Carollo: No, no I am not talking... Mr. Garcia -Pedrosa: ...I routinely invite you to those meetings, and even ask you if you will like for me to change them location -wise to fit your schedule. Mayor Carollo: No. I am not talking about development or anything like that, Mr. Manager. Mr. Garcia -Pedrosa: Because I have invited you to those meetings and you have declined to attend. Mayor Carollo: What, what meetings you invited me to, Mr. Manager? Mr. Garcia -Pedrosa: Well, I had two last week that I told you the dates and the individuals... Mayor Carollo: Such as, Mr. Manager. Mr. Garcia -Pedrosa: Mount Miami, and... What was the other one? Bobby Maduro Stadium. Mayor Carollo: Bobby Maduro Stadium is correct. The other one that you mentioned, I am not so sure is correct, Mr. Manager. Mr. Garcia -Pedrosa: Well... Mayor Carollo: I'll be happy to check with my office... Mr. Garcia -Pedrosa: There were two. If it's not that one, it's another one. 211 April 14, 1998 Mayor Carollo: ... and go over that one. Bobby Maduro, I remember that you did. It's a smaller one. The other one is one that I have no recollection on, and I will double check and give you the benefit of the doubt. Mr. Garcia -Pedrosa: And if it's not that one, I assure you that it's another one. But let's do this. I will send you tonight a copy of that memo and, and make sure that you recall that I invited you to those meetings. Mayor Carollo: Well, if you would, I would appreciate it. But, not just the memo if you could follow-up for me as to what was discussed and what was the outcome. Even if I cannot attend when I am invited to a meeting, Mr. Manager, it's not up to you to decide what should go forward and should be looked upon for discussion by me or by this Commission. I know that in Miami Beach things were different and you are getting used to the way things are in a big City, like Miami. I know Miami Beach is a lot slower, it's a smaller City. It's a different type of City, and Miami is a big urban City. And I know that it's going to take some time to get used to it. But the same way that I have a problem with you making those type of decisions on your own, I frankly have a problem with not being informed of whatever negotiations are going on with our unions, it's very important for this City. The same way that I have a problem of not being informed of what's being discussed between yourself and the Executive Director of the Oversight Board, not even an invitation, if I want to participate in that meeting so that I could be better informed. And you know, they are little items that you might find small. Mr. Garcia -Pedrosa: Mr. Mayor, we are talking about a lease that was executed in September of 1997 when you were here and I was not. Mayor Carollo: That's correct. Mr. Garcia -Pedrosa: If you want to discuss all these other items in front of all these other people, we can. Mayor Carollo: Let's... Mr. Garcia -Pedrosa: But that really doesn't advance the agenda, and I think it would be much more.. Mayor Carollo: Mr. Manager, please. Woa, woa. Mr. Manager, hold on, hold on. The lease that was discussed here when I was here in September of 1997... Mr. Garcia -Pedrosa: Right, September 7, 1996. September 2nd. [phonetic] Mayor Carollo: ... is not what we are discussing now, Mr. Manager. What we are discussing now is something all together different. Now, I know, as an attorney you have a way of trying to turn things around and getting into issues that are not before us. But we are not discussing the lease on Parrot Jungle. We are discussing a Section 8 loan. Mr. Garcia -Pedrosa: Yes, sir, and... Mayor Carollo: It's a major difference, Mr. Manager. Mr. Garcia -Pedrosa: And what happened on that, Mr. Mayor was, that this Commission instructed me to go back and negotiate with Mr. Stierheim the particular issue that is the subject of the item in number 35 in the agenda. I did that, and I reported to you and to the Commission. And the memo says "Honorable Mayor and Members of the City Commission" on the outcome of those negotiations and made my recommendations. I think I did what I was supposed to do. 212 April 14, 1998 Mayor Carollo: Mr. Manager, if you could go back to my original statement, I was very precise. I'm, you know, I am only the messenger, don't get mad at me. You know the County Manager called me up... Mr. Garcia -Pedrosa: I am not mad at you. I am simply correcting you because I reported to you and you don't seem to want to focus on that. Mayor Carollo: No, the County Manager called me up, you know, I am the messenger, I have an obligation to come to this Commission and let the Commission and you know what he said to me. In fact, the first thing that I said was that, maybe the problem was with the Law Department, and I gave her the opportunity to clarify that. And in fact, you confirmed to me, what I thought had happened. Now, I am sorry, Mr. Manager, if you are not used to having a Mayor that is not going to kind of let you be, Manager, Mayor and City Attorney. I apologize. I am patient, and I'll be patient. But, I do have an obligation to let you know that you have limitations, Mr. Manager, and you could laugh all you want. Mr. Garcia -Pedrosa: I am not laughing, sir. Mayor Carollo: You could grin all you want. Mr. Garcia -Pedrosa: But I will tell... Mayor Carollo: You could count all the votes that you won here. Mr. Garcia -Pedrosa:... this kind of exchange has no civic dividends. It doesn't clean any street. It doesn't open any park, and if you want to sit there and criticize me for not reporting to you on a matter that you... Mayor Carollo: No, Mr. Manager. Mr. Garcia -Pedrosa: ... have a document in front of you, addressed to you, you can... Mayor Carollo: Mr. Manager. Mr. Garcia -Pedrosa: ... but that doesn't help any. Mayor Carollo: I am sorry that you cannot take constructive statements. I am sorry that you are bothered by it. All that I am saying... Mr. Garcia -Pedrosa: I am not bothered by it. I am trying to recall that you have a document in front of you, that's addressed to you, sir. Mayor Carollo: Mr. Manager, I know what I have in front of me that's addressed to me. I could read. I know that I graduated from a small school like FIU (Florida International University), but I could certainly read, and I am a college grad. But, Mr. Manager, if we could go back to what we have before us. What we have before us is very clear, and it is very clear what I have asked the Commission to reconsider. The County Manager stated, which you agreed. The agreement between you and the County Manager did not include something that the Law Department included here. We discussed it with the Commission, we are not in disagreement in that, Mr. Manager, none whatsoever. I just wanted to, and frankly, Mr. Manager, I have had no other alternative but to do it in this forum, on the Sunshine, remind you, that you do have an obligation to keep me updated on the things that are happening in the City. When you leave the City like you do, and just because you ran into me by chance, tell me that you are going out of 213 April 14, 1998 the City, and you haven't even sent a memo to myself or this Commission explaining the discussions that went on. When a budget is given for the Commission to approve and after we sat in my office and agreed that we were going to be meeting so we could join you, like should be done. Present a joint resolution from both you and I, and you never met with me. When frankly, Mr. Manager, you know, you're acting like it's the other guy that is here, not myself. I know that it was easy to get used to not having to answer to a Mayor, the way things were before, but I assure you, Mr. Manager, that's not going to be going on any further. Now, anytime that you have some time available, when you are not busy with the finances of the City, that frankly, Mr. Dipak does all the work on that, I would very much appreciate it, if you could stop by my office, now that we are neighbors again, and we could have a little chat so that we could better understand each other and what I expect from the City Manager. Commissioner Teele: Can I come back, too? Mayor Carollo: I am sorry. I am sorry that you have gotten upset at me. I assure you, it's never been my intensions to get you upset, I just want to make sure that things are run in a business like manner from me, from you, from all of us here. Vice Chairman Plummer: Now, can I ask...? Commissioner Gort: Mr. Mayor, excuse me. Commissioner Teele: Mr. Mayor, you are going to invite all... are you going to invite all of us to come by? Vice Chairman Plummer: Yeah. Mayor Carollo: Of course. Commissioner Teele: I haven't been invited by the office. Vice Chairman Plummer: Especially if there is lunch involved. Mayor Carollo: I have been invi... I have been inviting you, inviting you. In fact, I hate to get my American Express from our last lunch that we had. Commissioner Gort: Mr. Mayor. Vice Chairman Plummer: Where are we? Commissioner Gort: Mr. Mayor? Commissioner Teele: All of the day. Mayor Carollo: Yes. Commissioner Gort: Let me clarify something which I think is very important for those of us that were present during the discussion of the 108 loan. The County Commissioners were saying, if we are going to be liable for the loan, we want it all. We wanted at least 50 percent of the revenues, and they were demanding quite a few things from the Watson Island project, and that's the only reasons why they will go ahead and approve the 108. That's when we had to step in and we had to tell the Commissioners, it could not work that way. So, I want you understand that it is very important if we want to give the County Commission all the liability, and I agree with you Arthur, I think we should take it. Take it all, and do it all ourself, if it's to our 214 April 14, 1998 convenience. But I want you to know that they wanted, they wanted it all. They wanted to see if they give the 108, they wanted a larger participation of the revenues, and that was discussed there, so... Vice Chairman Plummer: Let's get off the nickel and do something. Mayor Carollo: Well, we did do something. Vice Chairman Plummer: All right. Commissioner Gort: I think I said my motion was... Mayor Carollo: Yes. Commissioner Gort: I will suggest it that the... Let's leave it the way it is. Let the Mayor sit down with the... with them and see if he can negotiate anything better. We can always come back. We can have the meeting before their meeting and see if any amendment needs to be done. Vice Chairman Plummer: That's fine. Mayor Carollo: There is no motion that needs to be made on that. Bsically Commissioner Gort is saying that the previous resolution that was passed will be left like that. There is no further motion that's required there. Vice Chairman Plummer: There is nothing else necessary. Commissioner Teele: Mr. Mayor, the only thing that I... the only thing that I thought is that you and the Manager and the other resources would sit down and look at these. Because, we can't make that decision here. We need your advice. We need the Manager's advice. We need the external auditors advice, or some accounting firm, the financial advisers. We need you all to look at this, because obviously this deal has changed as its gone along. You've had different County Managers, different City Managers. Vice Chairman Plummer: OK. Commissioner Teele: It's an important deal. Vice Chairman Plummer: I hear you. Commissioner Teele: We all recognize it's important to the future of the City of Miami. My concern is not about the deal, per se. My concern is, if we are going to use 50 percent of the City's 108 capacity, then we need to make sure that we are getting the best deal for the money, because at the end of the day, no matter what is said, whether it's a guarantee or a subordination, at the end of the day, it sounds to me like we are on the hook for well over 80 percent of this... of this deal. And let me just remind you, Mr. Mayor, which I don't need to remind that the most valuable piece of asset in this deal is Watson Island itself. And no prudent business person, I don't believe, would put himself in a position where he can't control his greatest asset. Watson Island belongs to the City. We treat it like as if it's a one dollar ($1) contribution. It's a multi- million dollar contribution. So I think when you add all those things up, when you put a value on the... on the land, Mr. Manager, or the financial adviser. When you really load this deal with what it is, and treat it like it's a private sector deal, I think the conclusion is going to be inescapable. And that is, that the City should do the 108 by itself. That's what I believe. 215 April 14, 1998 Mayor Carollo: Well... Commissioner Teele: But, I maybe 100 percent wrong. Mayor Carollo: Art... Commissioner Teele: But I would like to hear a professional's advice on it. Mayor Carollo: Art, Watson Island has left more scars on me that I care to remember. Commissioner Teele: Oh yeah. Jean Kirkpatrick sends her regards. Mayor Carollo: Yeah. So this is not divorce, Rabbi Teele. Vice Chairman Plummer: I am told.... Mayor Carollo: But, you know, the statement that you have made is precisely the point that I have been trying to make, that we need to go about things in a business like manner. You know when you have a heart ailment, you go to the best doctor you could find. When you have other problems you go to the best experts. You know, the Manager and I can go and speak to the County people, but what... the first thing that they do is, they have all their key experts, financial experts there. And that's been the problem that we have had, at least in the past years since I have been back in this Commission, in this body, that we don't bring our best experts. In this case, we are talking about financial experts. We don't have them. You know the Manager doesn't have a Finance Director, yet. The two Assistant City Managers that he has, neither one of them, they're both hard working, but neither one of them are financial experts nor is their expertise in the area of finance. So we have to go to our financial experts to analyze some of this, and that's the bottom line of what I am saying. I really feel for Bern Levine. He has worked so hard on this and has been battered back and forth so many times. This is a very important project for Miami for the reasons that I described before, but, you know, when you are signing the City's future for so many years in a contract, you know, it might be wise to take a few more days to make sure that the option that we are taking is going to be the best one for the City of Miami financially. And frankly, this Section 8 part, I haven't seen anyone that is a financial expert say to us, the 108 loan that's it's the best way that we could go about it. Section 8, like what the Manager tried to described was not something that was ever discussed... Commissioner Teele: Are you saying Section VIII, or...? Vice Chairman Plummer: The 108. Mr. Garcia -Pedrosa: The 108. Mayor Carollo: Excuse me, the 108 loan was something that we never discussed when I was here, before the election in November. This came about afterwards, not before. And what was before us today, had nothing to do with the lease that we had agreed upon last year in '97. So it doesn't matter if the Manager was here or not, or if I was or I wasn't. That lease is gone. That's not what's before us today. What's before us today is something totally different, you know, but... Vice Chairman Plummer: Mr. Mayor, I am told... Mayor Carollo: You being an attorney also know that attorneys kind of confuse things, at times. Vice Chairman Plummer: Mr. Mayor, I am told by the City... 216 April 14, 1998 Commissioner Regalado: Mr. Mayor, because... Because I am not an attorney, I wish that when we discuss this issue again, we'll also be able to discuss the issue of why legal counsel was ordered without the knowledge of this Commission by the past administration. My understanding is, that we owe ninety thousand dollars ($90,000) to one law firm, because Mr. Luft and Mr. Marquez engaged in some deal without the knowledge of the City Attorney and the City Commission and... Mayor Carollo: On what matter was that, do you know? Commissioner Regalado: On the... On the Watson Island Parrot Jungle project. Mayor Carollo: OK. Commissioner Regalado: This Commission did not approve, nor it has any knowledge... Vice Chairman Plummer: Eh? Commissioner Teele: I still don't have any knowledge. Commissioner Regalado: ... before or after. Commissioner Teele: I don't know... I don't know what you are talking about. Mayor Carollo: I don't know either. Commissioner Regalado: Well, I am asking a legal opinion from the... from the City Attorney. Mayor Carollo: Yeah. Is there something that was...? I don't know anything about that. Commissioner Regalado: Because it was so strange. I read one memo, a line that said that we owed some money because of the Parrot Jungle. And I recall... Mayor Carollo: Yeah. Commissioner Regalado: ... a check that we never approved, and it's ninety thousand dollars ($90,000), I think. Mr. City Attorney? Mayor Carollo: Well... Ms. Kearson: Approximately ninety thousand dollars ($90,000). That's correct. Vice Chairman Plummer: Who authorized it? Ms. Kearson: Well, it was never authorized by the Law Department. Commissioner Regalado: It was authorized by... Vice Chairman Plummer: That wasn't my question. My question was, who authorized it? Commissioner Regalado: Jack Luft. Vice Chairman Plummer: Not who didn't authorize it. 217 April 14, 1998 Commissioner Regalado: Jack Luft and Ed Marquez. Vice Chairman Plummer: Well then send them the bill. Mayor Carollo: You are not sure, you're saying, right Joel? You are not sure, right Joel? Well... Mr. Joel E. Maxwell, Esq. (Interim City Attorney): No I couldn't say exactly who authorized it, but the City Attorney's Office... Commissioner Teele: Who did the work? Mr. Maxwell: ... did not. Ms. Kearson: Did not. Vice Chairman Plummer: You know.... Commissioner Teele: Who did the work? Vice Chairman Plummer: You know that's damn nice of you to say that... Tell me not who didn't, tell me who did. Mr. Maxwell: No, no... Mayor Carollo: Well, they are telling you they don't know, and this is something that's new to me, and it's the kind of thing that I think we should all be memoed about. It's the first I have heard of this. Vice Chairman Plummer: Oh, I think it's very simple. I think we ought to ask Holland & Knight, if that's the firm, who authorized their engagement for that. Mayor Carollo: I... Vice Chairman Plummer: I would like to see a copy of the letter of engagement. Mayor Carollo: Well... Commissioner Teele: Mr. Mayor, with all due respect. Mayor Carollo: Yeah. Commissioner Teele: It's seven o'clock. We've noticed a special meeting for six o'clock. Mayor Carollo: I agree. I think that... Vice Chairman Plummer: All right, Mr. Teele, I am told... Mayor Carollo: Excuse me. Vice Chairman Plummer: ... by the Law Department that since we did make a motion of reconsideration that we must now go... Commissioner Gort: We are not considering it. 218 April 14, 1998 Vice Chairman Plummer: But we have to go back and approve what we did before, if not, then we have to go back... Commissioner Teele: No, no. Commissioner Gort: Excuse me. Mayor Carollo: No. Commissioner Teele: She's saying... Commissioner Gort: We have not approved... Mayor Carollo: No. Vice Chairman Plummer: Law Department what are you telling me? Mayor Carollo: No. Commissioner Teele: Before the Law Department answers, let's just clarify the facts. Vice Chairman Plummer: All right. Commissioner Teele: A motion was made, there was a second. Vice Chairman Plummer: Correct. Commissioner Teele: On discussion, the matter has never been voted upon. Commissioner Gort: Been voted upon. Mayor Carollo: Exactly. Exactly. Vice Chairman Plummer: Mr. Clerk? Mr. Walter J. Foeman (City Clerk): That's correct. Vice Chairman Plummer: Fine. Mayor Carollo: OK, now that we are done with that item... Vice Chairman Plummer: Fine. Mayor Carollo: I would like to give the chair back to Commissioner Plummer so that we can... Vice Chairman Plummer: I am not sure I want it, but that's all right. OK, Mr. Mayor, I thank you, sir, and... Mayor Carollo: Thank you. Vice Chairman Plummer: ... we will, Mr. Manager, depend upon you if there is to be a meeting to be called. I think that the proper time should be Monday morning, as early as possible, if in fact there is a need for another meeting before the Metro Commission meeting. To my colleagues, would you like a five minute break or you don't? 219 April 14, 1998 Commissioner Regalado: No, sir. Commissioner Gort: No, let's get going. Vice Chairman Plummer: No, sir. OK. Commissioner Gort: Great. Vice Chairman Plummer: We are now on the six o'clock agenda. Ms. Linda Kearson, Esq. (Assistant City Attorney): Wait, wait, wait. No, we can't do that. There is a motion on the floor for reconsideration. Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Vote it down. Ms. Kearson: You either have to vote it down or... Vice Chairman Plummer: It was not voted according to the Clerk. Mr. Foeman: There was no vote taken on it. It's just to move it and a seconder. Ms. Kearson: It was seconded. Mr. Foeman: There was no vote. There was no roll call. Vice Chairman Plummer: But it was not voted on, according to the Clerk. Commissioner Gort: OK, vote against it, that's all. Call the roll. Ms. Kearson: We know, but it was seconded. So you have a... you have a motion. Mr. Foeman: It was seconded... Vice Chairman Plummer: All right, then call the roll, and we'll defeat the motion. Mr. Foeman: OK. Vice Chairman Plummer: Call the roll. Commissioner Teele: The maker of the motion can withdraw his motion. Ms. Kearson: Yeah, you can do that. Commissioner Teele: And the seconder can withdraw his second. Vice Chairman Plummer: Come on guys, don't play games. Commissioner Gort: Withdraw the motion. Vice Chairman Plummer: Withdraw the motion? Who made the motion? I made the motion. I withdraw the motion. Now, does that satisfy everybody? Commissioner Gort: I withdraw my second. 220 April 14, 1998 Vice Chairman Plummer: Damn. Commissioner Gort: That's it. Ms. Kearson: Thank you. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:13 P.M. ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK COMMISSIONER J. L. PLUMMER, JR. PRESIDING OFFICER/CHAIRMAN (SEAL) NOTE FOR THE RECORD: At 7:13 p.m. the Commission reconvened the meeting of March 19, 1998, which had been continued. 221 April 14, 1998 ---------------------------------------------------------------------------------------------------------------- 68. AUTHORIZE SETTLEMENT: MILAGROS AND ERNESTO DEL CASTILLO, CASE NO. 95-22501 CA 30 -- ALLOCATE $110,000.00 SELF- INSURANCE TRUST FUNDS, CODE 515001.424401.6653 -- SEE LABELS 40 AND 66B. Ms. Kearson: Okay, so how adjourn. Yeah, that's right. Vice Chairman Plummer: Now I move to adjourn... I adjourn the meeting of March the 19th... Commissioner Gort: Second. Vice Chairman Plummer: ... and I reintigate the meeting of today. Mr. Jose Garcia -Pedrosa (City Manager): We have the... for this item. Vice Chairman Plummer: We have what? Commissioner Hernandez: Yeah, that's part of the agenda now. Commissioner Teele: The what? Commissioner Hernandez: This new... Go back to the... Vice Chairman Plummer: Item 34 for reconsideration. Is there a motion? Commissioner Teele: I move the item number 34 of the City Attorney's recommendations. Commissioner Hernandez: I second it. Vice Chairman Plummer: We have got to reconsider first, or do we move it? Mr. Joel E. Maxwell, Esq. (Interim City Attorney): Just take it up. Move it. Vice Chairman Plummer: Just take it up. OK, motion by Commissioner Teele. Seconded by Hernandez to rip-off 34. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposed? I have got to tell you something. I am voting for it, but it's got to stop. This... Commissioner Gort: The court is the one that... Vice Chairman Plummer: I don't give a damn what the court say. Somebody has got to tell me because a palm tree is on the corner that I am responsible for that lady driving through a stop sign. To me, that is nuts. Mr. Manager... Commissioner Gort: They can't see the stop sign. 300 April 14, 1998 Vice Chairman Plummer: Well, it's just... You know, let me see something. We better start thinking very, very carefully about sidewalks. And we better go to every construction job in this town with the Building Department that when that bulldozer runs over sidewalks, creates a crack that Irby McKnight can call through... Commissioner Gort: That's it. Commissioner Teele: A big crack. Vice Chairman Plummer: No, I am saying, this is getting ridiculous. Commissioner Gort: Not only the sidewalks, look at the streets. Commissioner Teele: I agree with you, J.L. Vice Chairman Plummer: We have got to do something, Mr. Manager, to stop this outward flow of dollars for palm trees on a corner and cracks in the sidewalk. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-405 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MILAGROS DEL CASTILLO AND ERNESTO DEL CASTILLO, PLAINTIFFS, THE SUM OF $100,000.00 AND THE SUM OF $10,000.00, AND POST -JUDGMENT INTEREST, RESPECTIVELY, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS AND JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE FINAL JUDGMENTS ENTERED FOR PLAINTIFFS, AS ORDERED BY JUDGE MURRAY GOLDMAN OF THE ELEVENTH JUDICIAL CIRCUIT COURT, IN CASE NO. 95-22501 CA 30; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.424401.6.653. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Humberto Hernandez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado 301 April 14, 1998 69. DISCUSSION / DIRECTIVE TO ASCERTAIN CITY'S RIGHTS AGAINST OCEAN FREEZE VESSEL -- RETURN WITH RECOMMENDATIONS BY SCHEDULED MEETING OF APRIL 28, 1998 Commissioner Hernandez: Commissioner Plummer. Vice Chairman Plummer: Yes, sir. Commissioner Hernandez: We have another item. Vice Chairman Plummer: What is the other item, sir?. Commissioner Hernandez: The Manager has got it. Vice Chairman Plummer: Mister item... Mr. Manager. Commissioner Teele: What is it? What is it? Mr. Jose Garcia -Pedrosa (City Manager): This is the Ocean Freeze matter. Let me ask Christina Cuervo... Vice Chairman Plummer: Oh, the Titanic. Commissioner Regalado: Remember, it's the 86th Anniversary today. Vice Chairman Plummer: All right, come on, let's do it. Ms. Christina Cuervo (Assistant City Manager): All right, Commissioners what we are asking you to approve is that the City accept a reduction in the amount owed to us from Ocean Freeze who is docked right now at Bicentennial Park. Bayfront Park Management Trust has signed off on this and that they would pay us forty-six... They would pay us seventeen thousand four hundred and eighty dollars ($17,480), and that the City... that they also provide us... We are not waiving our rights to collect on the balance of this... of the amount owed to the City from Gulfstream Enterprises which is the ship owners, and that at the same time, the AGF (Atlantic Game Fish Foundation) which is the Atlantic Game Fish Foundation has to provide the City with a release of any liability or indemnity to the City for anybody that boards the Ocean Freeze and that this also be subject to approval by the City Attorney on the agreement that we... Vice Chairman Plummer: How do I get my money for Bayfront Park? Commissioner Gort: What is this? Vice Chairman Plummer: This is a boat that was confiscated in foreclosure by the federal courts. They docked it over there by the Grand Prix Race Course. They were supposed to pay "X" number of dollars rent per day on dockage. It's up to about one hundred and... Ms. Cuervo: Fourty-six thousand is what we are owed. Vice Chairman Plummer: Whatever it is, it's a lot of money, and they didn't pay the rent. 302 April 14, 1998 Commissioner Regalado: And we never going to get paid. Vice Chairman Plummer: What they are... what they are saying here now is that they are going to sign off and pay Bayfront Park what it's owed, seventeen thousand? Ms. Cuervo: Seventeen thousand four hundred and eighty dollars ($17,480) Vice Chairman Plummer: For Bayfront Park, and the City... Mr. Manuel Alonso-Alonso-Poch: The owners. Vice Chairman Plummer: The City will sue the owners and the Game Fish Foundation... Mr. Alonso-Poch: Let me, let me give... Vice Chairman Plummer: No, just, just... Woa, woa. Ladies first. Ms. Cuervo: The reason we are moving this is because we need the ship the move out of there. They need 45 days to get the ship out of there. It needs to be out by June 1st. It's impeding the construction of the Arena, and they need to get out before hurricane season because it could be a liability on the City. Vice Chairman Plummer: All right. So that's the name of the game. Ms. Cuervo: And we will pursue collection of the balance of the money owed to the City from the ship owners. Commissioner Regalado: OK, move it. Vice Chairman Plummer: All right. It's moved, is it seconded? Commissioner Teele: Discussion. Commissioner Hernandez: Second and discussion. Vice Chairman Plummer: Under discussion, Reverend Teele. Commissioner Teele: Has anyone checked with the Mayor to see it might be an appropriate...? Vice Chairman Plummer: Appropriate what? Commissioner Teele: I think every Mayor of Miami should have a yacht. Commissioner Hernandez: Yeah. Vice Chairman Plummer: Not, that's a mansion, not a yacht. Commissioner Hernandez: So, we'll have a boat since we're on the water. Vice Chairman Plummer: What? Commissioner Regalado: We have one on the Miami River. But that sunk. 303 April 14, 1998 Vice Chairman Plummer: Well, when are we going to get the seventeen thousand? Mr. Alonso-Poch: When the legislature appropriates the money. There is a bill pending before the legislature now. Vice Chairman Plummer: What happens if they don't? Mr. Alonso-Poch: The owners are donating the ship to the Atlantic Game Fish Foundation. Vice Chairman Plummer: The hell with the Atlantic Game Fish Foundation. I got my park to operate. Mr. Alonso-Poch: Would you allow me a second, Commissioner Plummer? Vice Chairman Plummer: Sure. Mr. Alonso-Poch: Manny Alonso-Poch, 2100 Ponce de Leon Boulevard. I represent the owners of the ship. The ship is being donated to the Atlantic Game Fish Foundation in order to turn it into the largest artificial reef in the South Florida area. The Atlantic Game Fish Foundation is providing over forty thousand dollars ($40,000) in services to clean up the ship and sink it. DERM is providing the permits for the sinking of the ship and the site to turn it into an artificial reef. There is a bill pending in the legislature to pay some of the expenses incurred by the ship. Some of the bills that are pending, pay the creditors of the ship. The bill is for one hundred and thirty thousand dollars ($130,000). There are three hundred and forty thousand dollars ($340,000) in bills outstanding on the ship. What we are asking the City to do is, to enter into an agreement where if the legislature does appropriate this money, that they will take a prorated share of the one hundred and thirty thousand dollars ($130,000). Every... all the creditors have agreed to reduce their bill by a prorated share of the one hundred and thirty thousand dollars ($130,000). Vice Chairman Plummer: And what happens to...? Mr. Alonso-Poch: What that translates into is 38 percent of the amounts owed. Vice Chairman Plummer: And what happens if the State doesn't come through? Mr. Alonso-Poch: And all the creditors are agreeing to reduce their claim to 38 percent. Vice Chairman Plummer: What happens if the State doesn't come through? Mr. Alonso-Alonso-Poch: Every... Nobody gets any money, and we get a very nice artificial reef... Vice Chairman Plummer: Excuse me. Mr. Alonso-Alonso-Poch: ... off of South Florida to benefit the environment and to benefit the Game Fishing Foundation and... Vice Chairman Plummer: Is the corporation who is the owner, solvent? Mr. Alonso-Alonso-Poch: No. Vice Chairman Plummer: So, what the hell are we talking about suing them for? I mean, this is... Manny, I am sorry, this is a rip-off. This is absolutely a rip-off. Mr. Manager... 304 April 14, 1998 Mr. Alonso-Alonso-Poch: Nobody is... Vice Chairman Plummer: ... you know what, Bayfront Park is at fault. I have told them there and I am going to tell them again, and I want the City to operate the same way. Get your money in advance. None of this question where we have got to wait and go chase people to get our money. This is stupid. This is not the way to do business. Commissioner Gort: Who committed to make the payment? Mr. Alonso-Alonso-Poch: Nobody. Nobody is making any money out of this, Commissioner. Commissioner Gort: Who committed to make the payment? Vice Chairman Plummer: The Federal court put it over there and was to be paid for the dockage. Not the Federal court. The owners were to pay. Mr. Alonso-Poch: Unfortunately, Commiss... Commissioner Regalado: But, J.L., what are we going to do if we leave it there? I mean... Commissioner Teele: I want to hear from the Manager's staff. I mean, I have a great regard for the lawyer, but could I hear from Christina on this? I really would like to understand, your understanding of the facts. You are the one who has been working it. Ms. Cuervo: Well, Commissioners, in all honesty, I have not been working on this. I was briefed on this today, and I was told that this was the money we were going to receive. Mr. Poch just, I guess, corrected me, what I was told and what my understanding was. And he is now telling me... Commissioner Teele: We ain't getting what you thought we were getting? Commissioner Gort: Right. Ms. Cuervo: Excuse me. I was told that we were receiving the seventeen thousand four eighty today, when I was briefed earlier, and I was told the conditions that existed. He has now clarified that's subject to the legislature approving it. So... Commissioner Gort: Question. Mr. Alonso-Alonso-Poch: Because the ship needs to be removed from there by June 1st which is the start of the hurricane season and it takes... Commissioner Teele: Yeah, but why do we have to act on this tonight? Mr. Alonso-Alonso-Poch: It takes 60 days to prepare the ship for sinking, Commissioner, and we need to get moving on it if we're to... Vice Chairman Plummer: Tell me what happens if we don't approve it? Commissioner Gort: I have a question. Vice Chairman Plummer: No, no. I would like to ask that question. What happens if we don't approve it? 305 April 14, 1998 Mr. Alonso-Alonso-Poch: We don't proceed with the project, that's all. We don't proceed with the project and then, you know, you have to... Commissioner Gort: Mr. Chairman. Commissioner Teele: But why can't you proceed with the preparation of the ship while we consider this? Vice Chairman Plummer: Because they don't have any money. Mr. Alonson-Alonso-Poch: Because we need to put... The Atlantic Game Fish Foundation needs to be assured that the ship is going to be released and sunk. Otherwise, they are not going to commit forty thousand dollars ($40,000) worth of services to clean up the ship and to sink it. Commissioner Gort: Question. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Is this the ship I have seen parked there as...? Vice Chairman Plummer: Yep. Commissioner Gort: Docked in there, I mean, is the right word. Vice Chairman Plummer: Yep. Mr. Alonso-Alonso-Poch: That's correct. Commissioner Gort: Is this the steel ship? Mr. Alonso-Alonso-Poch: That's correct. Commissioner Gort: My understanding is, there are salvage companies that are willing to pay for that steel. Why don't we look into that? I mean who wants to... Vice Chairman Plummer: Oh. Commissioner Regalado: Well, OK. Excuse me. This I guess is very simple. If we leave it there and we don't do anything, what is going to happen? I think we are going to have problems with the construction in the Arena, and... Is that correct? Vice Chairman Plummer: Well... Mr. Garcia -Pedrosa: Well, I think we are over by the 28th... Commissioner Regalado: But if we get rid of it, right now, do we...? Do we have to pay anything, even if we don't get any money? Mr. Alonso-Alonso-Poch: No, no. There is no cost to the City. Actually... Vice Chairman Plummer: Well, why don't we talk about what Mr. Gort's talking about, is that salvage rights as far as the ship in selling the steel? 306 April 14, 1998 Mr. Garcia -Pedrosa: I think... I think the prudent thing to do at this point, if I may make a suggestion? Is to give us a chance to look at this, consult counsel... Vice Chairman Plummer: OK. Mr. Garcia -Pedrosa: ... to see what rights we have against the vessel, and bring it back here on the 28th. It's only a two -week delay. Vice Chairman Plummer: The company is not solvent. Mr. Alonso-Poch: Mr. Manager, we have done that already and we have been in nego... Vice Chairman Plummer: The Manager has asked for it. That's what we are going to do. Mr. Alonso-Poch: OK. Vice Chairman Plummer: Next item. Anything else? Commissioner Gort: Move to adjourn. Vice Chairman Plummer: Move to adjourn is always in order. Commissioner Gort: Thank you. Vice Chairman Plummer: Thank God. Commissioner Gort: The meeting is closed. Vice Chairman Plummer: Yes, Maria's Restaurant is closed for tonight. The Manager is fire. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:49 P.M. COMMISSIONER J. L. PLUMMER, JR. PRESIDING OFFICER/CHAIRMAN ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ®� ASSISTANT CITY CLERK 307 April 14, 1998