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Home My WebLink AboutCC 1998-07-14 MinutesCITY MIAMI * 1NGORH �ftA1E Ib �E COMMISSION MINUTES OF MEETING HELD ON July 14, 1999 (Regular Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/Cfty Clerk ITEM NO. INDEX MINUTES OF REGULAR MEETING JULY 1491998 SUBJECT LEGISLATION 1. PRESENTATIONS AND PROCLAMATIONS. 7/14/98 DISCUSSION 1-2 2. DISCUSS/DEFER CONSIDERATION OF AGENDA ITEM 7/14/98 CA-10 (ACCEPT BID OF RJB BUILDERS CORPORATION DISCUSSION FOR BAYFRONT PARK -APRONS & SOUTH END 2 WALKWAYS CONSTRUCTION PROJECT, B-3264) TO SCHEDULED MEETING OF JULY 21, 1998. 3. DISCUSS DEVELOPMENT OF RULES AND PROCEDURES 7/14/98 AND FIRST ORDER OF BUSINESS FOR COMMISSION DISCUSSION MEETINGS - COMMISSIONER TEELE DIRECTS REVIEW 3-4 OF LEGAL OPINION IN CONNECTION WITH CASE NO. 97-25596 CA-9, ORDERING NEW ELECTION FOR MAYOR - VICE CHAIRMAN PLUMMER DIRECTS COMPOSITION OF CHARTER REVISION COMMITTEE WITH INPUT FROM MAYOR. 4. PRESENTATION - POLICE OFFICER LUIS CABRERA. 7/14/98 DISCUSSION 4 5. CONSENT AGENDA - DIRECT CITY MANAGER TO 7/14/98 RESEARCH USE OF COMMUNITY DEVELOPMENT DISCUSSION BLOCK GRANT FUNDS TO INCREASE SMALL 4-7 BUSINESSES PARTICIPATION IN BIDDING PROCESS. 5.1 ACCEPT BID: KRALHINKLE PHOTOGRAPHY GROUP, 7/14/98 D/B/A LAWMEN'S PHOTO - FOR CAMERAS AND R 98-661 SUPPORTING EQUIPMENT - FOR POLICE - ALLOCATE 8 $7,784.00 FROM ACCOUNT 291229.6.840, LAW ENFORCEMENT TRUST FUND. 5.2 ACCEPT BID: MUNICIPAL EQUIPMENT COMPANY - FOR 7/14/98 BOOTS, GLOVES, HELMETS - FOR FIRE -RESCUE - R 98-662 ALLOCATE $25,780.00 FROM ACCOUNT 8 001000.280601.6.075. 5.3 ACCEPT BID: METRO USA - FOR PRISONER TRANSPORT 7/14/98 PARTITIONS ON PURSUIT VEHICLES - FOR POLICE - R 98-663 ALLOCATE $53,460.00 FROM ACCOUNT 311850. 8 5.4 ACCEPT BID: SOUTHERN PHOTO SUPPLY, INC. - FOR 7/14/98 DIGITAL CAMERAS - FOR POLICE - ALLOCATE R 98-664 $36,147.50 FROM LAW ENFORCEMENT TRUST FUND 9 PROJECT 690003. 5.5 ACCEPT BID: AIR PRODUCTS & CHEMICALS, INC. - FOR 7/14/98 MEDICAL GASES - FOR FIRE -RESCUE - ALLOCATE R 98-665 $20,000.00 FROM ACCOUNT 105000.280502.6.704. 9 5.6 ACCEPT BID: VENECON, INC. - FOR LUMMUS PARK 7/14/98 REDEVELOPMENT COMPLETION, B-3247A - ALLOCATE R 98-666 $103,053.00 FROM CAPITAL IMPROVEMENT PROJECT 9 331042. 5.7 ACCEPT BID: ELECTRICAL CONTRACTING SERVICE, 7/14/98 INC. - FOR MORNINGSIDE PARK SECURITY LIGHTING R 98-667 PROJECT, B-6278 - ALLOCATE $114,373.25 FROM 10 CAPITAL IMPROVEMENT PROJECT 331313. 5.8 ACCEPT BID: BENNETT ELECTRIC SERVICES CO. INC. - 7/14/98 FOR SEWELL PARKING LOT SECURITY LIGHTING R 98-668 PROJECT, B-6285 - ALLOCATE $39,300.00 FROM 10 CAPITAL IMPROVEMENT PROJECT 11623. 5.9 ACCEPT BID: TOBIN CONSTRUCTION CO. - FOR 7/14/98 BAYFRONT PARK - PAINTING OF TOWERS AND R 98-669 FOUNDATION PROJECT, B-3265 - ALLOCATE $154,045 10 FROM CAPITAL IMPROVEMENT PROJECT 11623. 5.10 AUTHORIZE AGREEMENT WITH Q-MATIC CUSTOMER 7/14/98 FLOW MANAGEMENT SYSTEM APPLICATION - FOR R 98-670 CITY CLERK'S OFFICE PASSPORT ACCEPTANCE 11 FACILITY - ALLOCATE $20,000.00 FROM CAPITAL IMPROVEMENT PROJECT 311031-229401-840. 5.11 APPROVE AUTO RENTALS FROM INTER-AMERICAN 7/14/98 CAR RENTAL, INC. - FROM GENERAL SERVICES R 98-671 ADMINISTRATION - ALLOCATE $65,000 UNDER MIAMI- 11 DADE COUNTY CONTRACT 5961-4/03. 5.12 AUTHORIZE FUNDING NEW BETHEL BAPTIST CHURCH 7/14/98 YOUTH PROGRAM - ALLOCATE $5,000 FROM LAW R 98-672 ENFORCEMENT TRUST FUND PROJECT 690001, 690002, 11 690003. 5.13 AUTHORIZE $15,400.00 24-YEAR COMMUNITY 7/14/98 DEVELOPMENT BLOCK GRANT ALLOCATION - FOR R 98-673 BUSINESS REHAB IN DOWNTOWN AREA UNDER 12 COMMERCIAL FACADE PROGRAM. 5.14 AUTHORIZE CITY MANAGER TO AMEND AGREEMENT 7/14/98 WITH SMALL BUSINESS OPPORTUNITY CENTER, INC. - R 98-674 FOR IMPLEMENTATION OF 1998-1999 ECONOMIC 12 DEVELOPMENT PROGRAM. 5.15 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL 7/14/98 SERVICES AGREEMENT WITH REY ROS - FOR R 98-675 CONSTRUCTION MANAGEMENT SERVICES - FOR 12 BAYFRONT MANAGEMENT TRUST - ALLOCATE $16,700.00 FROM CIP BAYFRONT PARK IMPROVEMENTS PROJECT 331401. 5.16 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL 7/14/98 SERVICES AGREEMENT WITH LESTER PANCOAST, R 98-676 FAIA - FOR ARCHITECTURAL DESIGN AND 13 CONSTRUCTION SUPERVISION - FOR IMPROVEMENTS TO MILDRED AND CLAUDE PEPPER BAYFRONT PARK - ALLOCATE $17,128 FROM CIP PROJECT 331401. 5.17 AUTHORIZE ISSUING REQUEST FOR PROPOSAL - FOR 7/14/98 MEDICAL DIRECTION SERVICES - FOR FIRE -RESCUE. R 98-678 13-15 6. APPROVE CONSENTING TO ASSIGNMENT OF 7/14/98 CONCESSION RIGHTS BY TERREMARK, INC. AT R 98-679 DINNER KEY, INC. TO DAMARO ENTERPRISES, INC. - 13-15 FOR CITY PASSPORT ACCEPTANCE FACILITY. 7. RATIFY/APPROVE/CONFIRM EMERGENCY FINDING - 7/14/98 WAIVE SEALED BIDS - ACCEPT VENECON, INC. BID R 98-680 FOR PASSPORT ACCEPTANCE FACILITY PROJECT 15-16 COCONUT GROVE CONVENTION CENTER, B-6303 - ALLOCATE $47,880.00 FROM CIP PROJECT 311016. 8. RATIFY/APPROVE/CONFIRM EMERGENCY FINDING - 7/14/98 WAIVE SEALED BIDS - ACCEPT BID OF HORIZON R 98-681 CONTRACTORS, INC. - FOR SOUTH SERVICE ROAD 16-17 EMERGENCY RENOVATIONS AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK, B-4611 - ALLOCATE $32,900.00 AS SPECIFIED IN RESOLUTION 98-544. 9. RATIFY/APPROVE/CONFIRM EMERGENCY FINDING - 7/14/98 WAIVE SEALED BIDS - ACCEPT BID FROM XEROX R 98-682 CORPORATION - FOR SEVEN MODEL 5100 HEAVY 17-21 DUTY XEROX COPIERS - FOR GENERAL SERVICES ADMINISTRATION - ALLOCATE $90,000 UNDER SCHOOL BOARD CONTRACT 046-V-V 11 - FURTHER DIRECTING CITY MANAGER AND CITY ATTORNEY TO REVIEW LANGUAGE IN RESOLUTION PERTAINING TO RATIFICATION OF EMERGENCY FINDINGS. 10. APPROVE EMERGENCY ORDINANCE: AMEND 11463: 7/14/98 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM ORDINANCE - REFLECT $337,093.00 IN MATCHING FUNDS FROM 11680 POLICE GENERAL BUDGET - INCREASE GRANT 21-23 MONIES RECEIVED BY $79,616. 11. DEFER TO JULY 21, 1998 CONSIDERATION OF AGENDA 7/14/98 ITEM 8 (PROPOSED EMERGENCY ORDINANCE M 98-683 SCHEDULING ELECTION TO FILL DISTRICT 3 SEAT - 24-25 SETTING NOVEMBER 3, 1998 AS DATE OF SUCH ELECTION). 12. APPROVE WITH MODIFICATIONS EMERGENCY 7/14/98 ORDINANCE AMENDING SECTION 2-1052 OF CODE TO ORDINANCE CHANGE MANNER IN WHICH MEMBERS OF 11681 OVERTOWN ADVISORY BOARD ARE SELECTED - 25-28 DELETE REFERENCE TO COUNTY COMMISSIONERS - INCLUDE REFERENCE THAT STAGGERED TERMS ARE SELECTED BY LOT. 13. APPROVE EMERGENCY ORDINANCE: ESTABLISH FIVE 7/14/98 NEW SPECIAL REVENUE FUNDS: JTPA TITLE II- ORDINANCE A/ECONOMICALLY DISADVANTAGED ADULTS (PY'98), 11682 JTPA TITLE II-C/ECONOMICALLY DISADVANTAGED 28-29 YOUTH (PY'98), JTPA TITLE III/DISLOCATED WORKERS, JTPA/WAGES (PY'98) AND DADE-MONROE WAGES COALITION (PY'98) - APPROPRIATE FUNDS FROM U.S. DEPARTMENT OF LABOR AND FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES GRANT AWARDS. 14. APPOINT MARIA DELGADO TO WAGES (WORK AND 7/14/98 GAINS ECONOMIC SELF-SUFFICIENCY) COALITION. R 98-684 30 15. APPROVE SECOND READING ORDINANCE: ESTABLISH 7/14/98 NEW REVENUE FUND: COMMUNITY POLICING ORDINANCE DEMONSTRATION CENTER - APPROPRIATE $1,000,000 11683 FROM U.S. DEPARTMENT OF JUSTICE GRANT. 30-31 16. APPROVE SECOND READING ORDINANCE: AMEND 7/14/98 SECTION 53-83(B)(1) AND (C) OF CODE: ADMISSION ORDINANCE TAX AND MINIMUM CHARGES TO SET FORTH RENTAL 11684 FEES FOR USE OF ORANGE BOWL STADIUM - FOR 31-32 HIGH SCHOOL FOOTBALL GAMES. 17. APPROVE SECOND READING ORDINANCE: AMEND 7/14/98 ORDINANCE 10021 ESTABLISHING INITIAL ORDINANCE APPROPRIATIONS FOR LAW ENFORCEMENT FORCE 11685 FUND - INCREASE BY $1,080,000.00 FROM 32-33 FORFEITURES. 18. (A) ACCEPT $50,000.00 FROM OFF STREET PARKING 7/14/98 FOR GUSMAN CULTURAL CENTER. R 98-685 (B) COMMENTS MADE REGARDING EQUITABLE 33-41 DISTRIBUTION OF FUNDS AMONG FIVE COMMISSION DISTRICTS. (C) COMMENTS REGARDING DESIGNATION OF LITTLE HAITI NET OFFICE. (D) DISCUSS INSPECTION OF TRASH RECEPTACLES AND ILLEGAL TRASH DUMPED IN OVERTOWN AND LITTLE HAITI AREAS - DIRECT CITY MANAGER TO PROCEED WITH CITYWIDE LOT CLEARING PROGRAM AND CREATION OF LOT CLEARING COMMITTEE CITYWIDE - FURTHER DISCUSSING NEED FOR INCREASED NET AND BUILDING AND ZONING SUPERVISION AT COMMERCIAL AND CONSTRUCTION SITES - COMMISSIONER REGALADO COMMENTS ON NEED TO CHANGE CULTURE OF NET STAFF. (E) DIRECT CITY MANAGER TO RECOGNIZE DURING COMMISSION MEETING ON JULY 21, 1998, EFFORTS BY THREE HOTELS IN CONNECTION WITH OMNI CLEAN UP OF JULY 11, 1998 - FURTHER DIRECTING MANAGER TO CONSIDER REINSTATING FIRE DEPARTMENT'S HOME AND BUSINESS INSPECTION PROGRAM. 19. APPROVE FIRST READING ORDINANCE: AMEND 7/14/98 CHAPTER 22 OD CODE: GARBAGE AND TRASH - FIRST READING PROVIDE FOR NEW DEFINITIONS AND REGULATIONS ORDINANCE REGARDING DISPOSAL OF TRASH - FURTHER 41-42 CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES. 20. (A) APPROVE SALE OF SURPLUS CITY -OWNED 7/14/98 PROPERTY (PROPERTY MAINTENANCE SITE) LOCATED R 98-686 AT 1975 NORTHWEST 12 AVENUE - FOR $1,000,000.00. 42-47 (B) DIRECT CITY MANAGER TO MEET WITH PROPERTY MAINTENANCE EMPLOYEES IN CONNECTION WITH THEIR RELOCATION. 21. APPROVE SALE OF SURPLUS CITY -OWNED PROPERTY 7/14/98 (FORMER PARKS ADMINISTRATION BUILDING) R 98-687 LOCATED AT 1348, 1358, 1390 NORTHWEST 7 STREET - 48-49 FOR $256,000. - ACCEPT BID OF ANTONIO I. CARDONA, MD. 22. APPROVE SALE OF SURPLUS CITY -OWNED PROPERTY 7/14/98 (BOBBY MADURO STADIUM) LOCATED AT 2301 R-98-688 NORTHWEST 10 AVENUE - FOR AFFORDABLE 49-55 HOUSING - FOR $2,000,000.00 - TO ST. MARTIN AFFORDABLE HOUSING LTD. 23. AUTHORIZE AGREEMENTS WITH INDIVIDUALS TO 7/14/98 PROVIDE PLANS EXAMINER SERVICES - FOR R 98-689 BUILDING AND ZONING DEPARTMENT - ALLOCATE 55-56 $80,000.00 FROM ACCOUNT 560302-270, PROJECT 421001 - DIRECT ADMINISTRATION TO IDENTIFY OUTSTANDING INVOICES AUTHORIZED AS EMERGENCY ACTIONS WHICH WOULD REQUIRE COMMISSION RATIFICATION. 24. (A) DISCUSS/TABLE CONSIDERATION OF AGENDA 7/14/98 ITEM 21 (CONFIRMING EMERGENCY FINDING FOR DISCUSSION REPAIR OF MOTOROLA RADIOS BY MOTOROLA, INC.) 56-57 (B) DIRECT CITY MANAGER TO REFURBISH LITTLE HAITI NET OFFICE. 25. AUTHORIZE DISASTER RELIEF FUNDING AGREEMENT 7/14/98 WITH STATE OF FLORIDA COMMUNITY AFFAIRS - FOR R 98-690 REIMBURSEMENT OF EXPENSES IN AFTERMATH OF 57-59 FEBRUARY 24, 1998 DISASTER. 26. AUTHORIZE REIMBURSEMENT FROM LAW 7/14/98 ENFORCEMENT TRUST FUND PROJECT 690001, 690002, DISCUSSION AND 690003 TO GENERAL FUND. 59 27. DEFER CONSIDERATION OF AGENDA ITEM 26 TO 7/14/98 MEETING OF JULY 21, 1998 (APPROVE FINDINGS OF DISCUSSION FIRMS TO PROVIDE DEBT COLLECTION SERVICES TO 59-60 CITY) - DIRECT ADMINISTRATION TO BRING FIRMS BEFORE CITY COMMISSION FOR PRESENTATION. 28. RATIFY/APPROVE/ CONFIRM EMERGENCY FINDING - 7/14/98 WAIVE SEALED BID PROCEDURES - AUTHORIZE R 98-692 REPAIR OF MOTOROLA RADIOS BY MOTOROLA, INC. - 60 FOR FIRE AND POLICE - ALLOCATE $13,260.00 FROM GENERAL SERVICES ADMINISTRATION ACCOUNT 506000.420601.670. 29. (A) AUTHORIZE CAP ON USER FEE AT ORANGE BOWL - 7/14/98 FOR MIAMI DOLPHINS INTRASQUAD SCRIMMAGE R 98-693 SCHEDULED FOR AUGUST 1, 1998, AT ORANGE BOWL 61-65 STADIUM - DIRECT ADMINISTRATION TO TAKE CHILDREN OF SUMMER CAMPS OPERATED IN CITY TO SCRIMMAGE. (B) FURTHER DIRECTING CITY MANAGER TO THINK OF PROACTIVE WAYS TO PROMOTE USE OF ORANGE BOWL. 30. AUTHORIZE REQUEST FOR PROPOSAL - FOR 7/14/98 PROVISION OF FUNDING OR SUPPORTIVE SERVICES TO R 98-694 NOT -FOR -PROFIT ORGANIZATIONS AND 65-66 GOVERNMENTAL AGENCIES SEEKING TO PROVIDE AFFORDABLE HOUSING AND/OR SUPPORTIVE SERVICES FOR LOW INCOME PERSONS LIVING WITH HIV/AIDS - ALLOCATE $150,000. AND $350,000. IN 1997 AND 1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS RESPECTIVELY. 31. APPROVE INCREASING 24 YEAR COMMUNITY 7/14/98 DEVELOPMENT BLOCK GRANT ALLOCATION TO PRE- R 98-695 APPROVED PUBLIC SERVICE AGENCIES; SOUTHWEST 66-67 SOCIAL SERVICES, INC./ ALLAPATTAH COMMUNITY ACTION, INC./ DE HOSTOS SENIOR CENTER, INC. 32. AWARD FUNDING TO FOUR LOCAL, NOT -FOR -PROFIT 7/14/98 AGENCIES - FOR HOUSING ASSISTANCE AND HOUSING R 98-696 RELATED SERVICES TO LOW INCOME PERSONS 67-68 LIVING WITH HIV/AIDS, INCLUDING PROVISION OF STAFF SUPPORT TO CITY ADMINISTRATION - INCLUDE AUTOMATIC REVERTER TO CITY, WHEN VACATED ON ALL FUTURE ACQUISITIONS. 33. APPROVE DIRECTING CITY MANAGER TO CONVERT TO A GRANT $1,128,151.00 OUTSTANDING BALANCE ON CITY'S LOAN TO CODEC, INC. - FOR DEVELOPMENT OF PHASE III OF MELROSE TOWNHOMES PROJECT IN ALLAPATTAH - FAMILIES OF LOW AND MODERATE INCOME - FURTHER DIRECTING CITY MANAGER TO EXPLAIN PROJECT TO ALL CITY UNION PRESIDENTS. 34. APPROVE AMENDING SECTION 3 OF RESOLUTION 98- 500 WHICH AUTHORIZED NEGOTIATING TRANSFER OF CITY OWNED PROPERTY IN NARANJA AREA OF MIAMI-DADE COUNTY KNOWN AS CASA DE LOS MILAGROS PROJECT TO SOUTH FLORIDA JAIL MINISTRIES/AGAPE WOMEN'S CENTER - FURTHER DIRECTING TO ACQUIRE SAID PROPERTY FROM CITY NATIONAL BANK AT $200,000.00 - FURTHER SOLICITING REQUEST FOR PROPOSALS FROM NOT - FOR -PROFIT PROVIDERS THAT MAY WISH TO OWN AND OPERATE SUCH PROPERTY. 35. BRIEF DISCUSSION REGARDING CLARIFICATION BY ADMINISTRATION FOR WITHDRAWAL OF AGENDA ITEM 33 (AMENDING DEBT MANAGEMENT POLICY ESTABLISHED BY RESOLUTION 98-631 TO INCLUDE MAYOR OR DESIGNEE AS VOTING MEMBER OF FINANCE COMMITTEE). 36. ACCEPT/DISCUSS DONATION OF MIAMI MILLENNIUM MILESTONE SCULPTURE FROM JUAN CARLOS CARDENAS ARCORONA - REFER TO OMNI ADVISORY COMMITTEE AND COMMUNITY REDEVELOPMENT AGENCY FOR DISCUSSION OF FUTURE LOCATION OF SCULPTURE. 37. AMEND RESOLUTION 98-159 TO REALLOCATE $400,000.00 FOR TOWER THEATER REHABILITATION, B- 3253, SECOND BIDDING, PROJECT - TO COVER COST OF RESTORING TOWER THEATER BUILDING - FURTHER DISCUSSION REGARDING NEED TO ENCOURAGE HISTORIC RESTORATION PROGRAMS IN CITY AND FOR DEPARTMENTS TO COOPERATE IN PURSUIT OF SAID EFFORT. - REQUEST DEADLINE ON WHEN BUILDING WILL BE BUILT. 7/14/98 R 98-697 68-74 7/14/98 R 98-698 74-75 7/14/98 DISCUSSION 75-76 7/14/98 M 98-699 76-78 7/14/98 R 98-700 79-84 38. (A) AMEND RESOLUTION 98-368 - INCREASE 7/14/98 CONTRACT WITH YMCA OF GREATER MIAMI, INC. R 98-701 FROM $44,481.00 TO $66,100.00 - FOR YOUTH SERVICES - 84-89 ALLOCATE FUNDS FROM EAST LITTLE HAVANA MINORITY YOUTH DIVERSION GRANT. (B) DIRECT CITY MANAGER TO PROVIDE POLICE OVERTIME REPORT AND TO DEVELOP FINANCIAL SYSTEMS TO TRACT OVERTIME USAGE. 39. PRESENTATION IN CONNECTION WITH POLICE 7/14/98 PROGRESS ON WEST GROVE - FURTHER DIRECT DISCUSSION ADMINISTRATION TO SCHEDULE SIMILAR REPORTS 89-91 FOR SECOND COMMISSION MEETING OF EACH MONTH. 40. DISCUSS / DEFER TO MEETING OF JULY 21, 1998 7/14/98 CONSIDERATION OF AGENDA ITEM 24 (SELECTION OF R 98-702 MOST QUALIFIED FIRM TO PROVIDE GOVERNMENT 91-96 LOBBYING AND CONSULTING SERVICES FOR CITY.) 41. APPOINT SAM MASON AND RICARDO CORE TO 7/14/98 AFFIRMATIVE ACTION ADVISORY BOARD. R 98-703 96-97 42. APPOINT TESSI GARCIA-SMITH TO LATIN QUARTER 7/14/98 REVIEW BOARD. M 98-704 97-98 43. DEFER APPOINTMENTS TO INTERNATIONAL TRADE 7/14/98 BOARD. DISCUSSION 98 44. APPOINT AND REAPPOINT NAMES PROFERRED TO 7/14/98 COMMISSION ON THE STATUS OF WOMEN. R 98-705 98-99 45. DISCUSS DEFER APPOINTMENTS TO FEDERAL 7/14/98 ENTERPRISE ZONE. DISCUSSION 99-100 46. DISCUSS/DEFER APPOINTMENTS TO BAYSIDE 7/14/98 MINORITY FOUNDATION. DISCUSSION 100 47. APPOINT MANOLO REYES AND JOE CELESTIN TO 7/14/98 BUDGET AND FINANCES REVIEW COMMITTEE. R 98-706 101 48. DISCUSS/DEFER APPOINTMENTS TO AFFORDABLE 7/14/98 HOUSING ADVISORY COMMITTEE. DISCUSSION 101-102 49. APPOINT MARIO MARTI TO CITYWIDE COMMUNITY 7/14/98 DEVELOPMENT ADVISORY BOARD. R 98-707 102 50. APPOINT RON ARANGO TO COCONUT GROVE 7/14/98 STANDING FESTIVAL COMMITTEE. R 98-708 102-103 51. DEFER APPOINTMENTS TO CODE ENFORCEMENT 7/14/98 BOARD - DIRECT ADMINISTRATION TO INVITE CODE DISCUSSION ENFORCEMENT BOARD MEMBERS TO FIRST 103-105 COMMISSION MEETING IN OCTOBER, 1998. 52. REAPPOINT ELOY APARICIO TO LITTLE HAVANA 7/14/98 SPECIAL EVENTS ADVISORY COMMITTEE. R 98-709 105 53. DEFER APPOINTMENTS TO MIAMI AUDIT ADVISORY 7/14/98 BOARD. DISCUSSION 105-106 54. APPOINT COMMISSIONER JOE SANCHEZ TO MIAMI 7/14/98 SPORTS AND EXHIBITION AUTHORITY. R 98-710 106-108 55. APPOINT DANIEL FILS AIME, SR. TO STREET 7/14/98 CODESIGNATION REVIEW COMMITTEE. R 98-711 108-109 56. APPOINT JOHN BRENNAN TO WATERFRONT 7/14/98 ADVISORY BOARD. R 98-712 109 57. REAPPOINT ROBERT VALLEDOR TO NUISANCE 7/14/98 ABATEMENT BOARD. R 98-713 109-110 58. REAPPOINT TRENESE TURNER TO UNITY COUNCIL OF 7/14/98 MIAMI. R 98-714 110-I11 59. REAPPOINT DAVID WOLFBERG TO URBAN 7/14/98 DEVELOPMENT REVIEW BOARD. R 98-715 111-112 60. DIRECT CITY MANAGER TO CONTACT STATE OF 7/14/98 FLORIDA AGRICULTURE DEPARTMENT TO EXPEDITE M 98-716 COMPENSATION OF RESIDENTS WITH PLANTS 112-113 AFFECTED BY CITRUS CANKER. 61. DIRECT CITY ATTORNEY TO DRAFT AMENDMENT TO 7/14/98 CITY CHARTER, SECTION 29-B TO EXEMPT SALE OR R 98-717 LEASE OF REAL PROPERTY ACQUIRED BY MIAMI- 113-118 DADE COUNTY FOR DELINQUENT TAXES, CONVEYED TO CITY BY COUNTY COMMISSION - FURTHER AUTHORIZE CITY COMMISSION TO SELL OR LEASE SAID PROPERTY AS PRESCRIBED BY ORDINANCE - FURTHER AUTHORIZING ELIMINATION OF REFERENDUM REQUIREMENT FOR SALE OR LEASE OF CITY -OWNED PROPERTY WHEN LESS THAN THREE BIDS ARE RECEIVED, EXCLUDING WATERFRONT PROPERTY AND THOSE OVER $500,000.00. 62. (A) REJECT PRIOR RECOMMENDATION OF ADMINISTRATION 7/14/98 AND RANKING FOR PROFESSIONAL DESIGN SERVICES - R 98-718 RATIFY/APPROVE/CONFIRM CITY MANAGER'S FINDING OF R 98-719 EMERGENCY - RECOMMENDATION OF DUANEY, PLATER- 118-137 ZYBERK, ARCHITECTS, WITH HEISENBOTTLE ARCHITECTS AS SUB -CONSULTANTS FOR VIRRICK GYM COMMUNITY WATER SPORTS CENTER PROJECT - ALLOCATE $360,000.00 TO COVER DESIGN SERVICES. (B) APPROVE IN PRINCIPLE CONCEPTUAL PLAN FOR BUILDING AND SITE REDEVELOPMENT AS PRESENTED BY PARKS AND RECREATION DEPARTMENT CONCERNING VIRRICK GYM COMMUNITY WATER SPORTS CENTER PROJECT - FURTHER DIRECT ADMINISTRATION TO COMMENCE NEGOTIATIONS WITH PROGRAM PROVIDERS: SHAKE-A-LEG/YMCA/POLICE ATHLETIC LEAGUE/BOYS AND GIRLS CLUB. (C) DISCUSS STATUS OF DINNER KEY BOATYARD (FORMER MERRILL STEVENS). (D) DIRECT ADMINISTRATION TO PREPARE PLAN TO COMPENSATE FIRMS WHICH WERE SELECTED BY THE CITY FOR ARCHITECT AND ENGINEERING SERVICES BUT WERE NOT AWARDED A CONTRACT. 63. APPROVE RELOCATION OF NATIONAL JOURNALIST 7/14/98 ASSOCIATION OF CUBA IN EXILE TO MANUEL ARTIME M 98-720 COMPLEX. 137-13 8 64. APPROVE PETITIONING MIAMI-DADE BOARD OF 7/14/98 COUNTY COMMISSIONERS TO PERFORM AIRPORT R 98-721 NOISE COMPATIBILITY PROGRAM AT MIAMI 138-139 INTERNATIONAL AIRPORT. 65. DISCUSSION BY COMMISSIONER TEELE REGARDING 7/14/98 NEEDS OF DISTRICT 1: ILLEGAL DUMPING AND NET DISCUSSION STAFFING - FURTHER DIRECTING CITY MANAGER TO 139-142 PROVIDE HIM WITH WEEKLY REPORTS OF ACTIVITIES OF NET OFFICES WITHIN HIS DISTRICT. 66. DISCUSSION REGARDING PLAN TO RESTORE TEATRO 7/14/98 MARTI - FURTHER DIRECT CITY MANAGER TO DISCUSSION RETURN TO CITY COMMISSION WITH ALTERNATIVES 142-144 BY JULY 21, 1998. 67. VICE CHAIRMAN PLUMMER CONGRATULATES WORLD 7/14/98 CHAMPIONS' FRENCH SOCCER TEAM. DISCUSSION 144 68. (A) DISCUSSION IN CONNECTION WITH FORT 7/14/98 LAUDERDALE'S LOT CLEARANCE ORDINANCE. DISCUSSION (B) COMMENTS REGARDING TRASH CLEANUP 144-145 EFFORTS IN MIAMI BEACH - FURTHER BY COMMISSIONER REGALADO ON INITIATIVE TO EARMARK PROCEEDS FROM REAL PROPERTY SALES FOR CLEANUP. 69. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT 7/14/98 WITH JORGE CARVALHO - FOR EXECUTIVE DIRECTOR R 98-722 OF INTERNATIONAL TRADE BOARD - FOR $12,000. - 145-146 ALLOCATE FUNDS FROM ITB BUDGET, ACCOUNT 001000.921084.6.270. 70. ACCEPT SPONSORSHIP FROM OMNI POINT 7/14/98 COMMUNICATIONS FOR $25,000.00 - FOR CLOSING R 98-723 RECEPTION OF 1998 SISTER CITIES INTERNATIONAL 146-147 CONFERENCE. 71. PERSONAL APPEARANCE: WILLIAM CULLOM IN 7/14/98 CONNECTION WITH JULY 11, 1998, OMNI CLEANUP. DISCUSSION 147 72. DIRECT CITY MANAGER TO CREATE AND DISTRIBUTE 7/14/98 EMERGENCY PREPAREDNESS DOCUMENT FOR CITY DISCUSSION RESIDENTS. 148 73. DIRECT CITY MANAGER TO RESEARCH CREATING 7/14/98 UNSAFE STRUCTURES BOARD. DISCUSSION 148-150 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of July, 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 9:48 a.m. by Presiding Officer/Executive Mayor Joe Carollo, with the following members of the Commission found to be present: Commissioner J.L. Plummer, Jr. (District 2) Commissioner Joe Sanchez (District 3) ALSO PRESENT: Donald Warshaw, Acting City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ABSENT: Commissioner Wifredo Gort (District 1) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) An invocation was delivered by Commissioner Sanchez, who then led those present in a pledge of allegiance to the flag. Vice Chairman Plummer: The Mayor is delayed and will not be here immediately, and we have a group here from Nicaragua, who have to leave. So, I think, that what we need to do is to go ahead ... Mr. Photographer —and make this presentation. The Proclamation is in Spanish, so I will ask Commissioner Jose Sanchez to read the Proclamation. Of the people that are going to be receiving, I would ask you to come up and if you'd tell them that All right, go ahead and read. fir.. �I,Y .. .c Recognized "Dia del Comite de Nacaraguenses en I Epilio "(CONIPOE) for assistance to struggling newcomers to this country. Vice Chairman Plummer: I think the little girl has something to say. [UNIDENTIFIED SPEAKERS ADDRESSED COMMISSIONERS IN SPANISH] Vice Chairman Plummer: All right. We have two minutes before the starting gun. You might notice, to my colleagues on the Commission, that prior to the distribution of the agenda, Items 15 and 27 of the regular agenda were withdrawn. If you're here on Items 15 or 27, those items have been withdrawn. After the distributing of the agenda, the following items have been withdrawn from today's agenda: Item Number 6 has been withdrawn. Commissioner Gort: Regular item? Vice Chairman Plummer: Regular Item 6. Regular Item 17 has been withdrawn from today's agenda. Item 33 of the regular agenda has been withdrawn from today. What did I say, 33? Yeah. And the final is Item 38 has been withdrawn from today's agenda. Also, Mr. City Attorney, there's an item for Bayfront Park. What is the item number that has to... July 14, 1998 Mr. Alejandro Vilarello (City Attorney): CA 10. Vice Chairman Plummer: CA 10. And, for the record, would you please ... well, no. Actually, we better start the meeting. And it is now ten o'clock. I will ask Arthur Teele, our Commissioner, to give the invocation and Commissioner Gort to give the pledge to allegiance. Please stand. [AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 9:55 A.M.] Vice Chairman Plummer: Mr. City Attorney , since Item IOa on the consent has to be withdrawn, would you please, on the record, indicate the reason for the withdrawal? Mr. Jim Kay (Director/Public Works): Commissioner, we have received a letter from the low bidder of this project of his intent to protest the awarding of a contract to the next low bidder and so, at this time, it has to be withdrawn until that particular process, of course, takes its course. We anticipate that we will be discussing this on the 21 st. At that time a contract could be awarded. Vice Chairman Plummer: Mr. Kay, let me, as Chairman of the park, indicate to you, as you already know but to the consent, that it is crucial that it is on the next agenda... whatever the decision is to be awarded, it is crucial in my estimation to be on the next agenda. Mr. Kay: Yes, sir, it will be. Commissioner Teele: Which item is this? Mr. Vilarello: Commissioner, CA 10. Vice Chairman Plummer: That's Item CA 10. Commissioner Teele, there was an objection by a low bidder and they will be glad to come around and explain it to you. Yes. Commissioner Teele: May I ask... Vice Chairman Plummer: What? Mr. Donald Warshaw (Acting City Manager): CA 12 will be... Commissioner Teele: When were the bids received? Mr. Kay: The bids were received on July the 2nd. Commissioner Teele: Thank you. Vice Chairman Plummer: OK. We are ... is there any other requests for any deletions or withdrawals? No deferments? No continuations? 2 July 14, 1998 Vice Chairman Plummer: Then I will ask, are there ... what was that terminology, Mr. Teele? Are there any vetoes, overrides? What are we supposed to say at the beginning of the meeting? Commissioner Teele: I'll defer to the lawyer. Vice Chairman Plummer: I want to tell you, after the way you prayed this morning, if you ever stop being a lawyer, you could be a preacher for sure. OK, we go to the consent agenda. Mr. Norman Charles, nice to have you here this morning, sir. Head of the Sanitation Union. Commissioner Teele: Mr. Mayor ... Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: On the point that you did raise, which, again, I would renew my request to the Clerk and the Attorney that we do develop rules —some rules of procedure, so that ... I mean, there are a lot of things that are deadly serious that we wind up sort of overlooking. I've been advised that there's a litigation that's going to be heard on July something relating to a Federal judge, relating to the City of Miami. Is that true? Mr. Alejandro Vilarello (City Attorney): There's a hearing currently scheduled later this month with regard to litigation involving the City of Miami and the absentee ballots that were discarded in the last election. Commissioner Teele: I would hope that, Mr. Chairman, as we develop rules... Vice Chairman Plummer: Vice Chairman. Commissioner Teele: ...of procedure, that one of the first orders of business, other than those things that Commissioner Plummer just made reference to, such as overrides, etcetera, vetoes, etcetera, which properly should be the first items. I mean, whether they're listed on the agenda or not, they are sort of constitutionally the first item. I would hope that, as we look at rules, we would also look at matters that are of great importance and affect the City as one of the first orders of business. I have not received, to my knowledge, any communication ... and I may stand corrected, Mr. Attorney ... but if the City of Miami is being sued or if the elections of the City are under challenge, I would consider that to be of great import, would you not? Mr. Vilarello: Commissioner, in fact, the City is sued on a daily basis; however, with regard to that particular matter and other... Commissioner Teele: I'm not talking about slipped banana peels and sidewalks. I'm talking about matters of great importance. Mr. Vilarello: I prepared a memorandum briefly describing the case attack... Commissioner Teele: You've sent it out? Mr. Vilarello: Yes, sir, I sent it out more than a month ago, requesting a brief summary of the case. Commissioner Teele: I did see something a month ago. Is that suit really a real lawsuit? I mean, is this a matter that ... because what I don't want to get into, Mr. Chairman ... and I think, if we ever have rules, anything that is going to potentially affect the City of Miami ... you know, we'll spend an hour on a bid protest. We'll spend 10 hours on somebody who's out here trying to get money from the City on a grant or something, but then when it gets down to matters that affect the livelihood and the future of the City or the City, we tend to shield and run and hide like we ... you know, I want to be very clear that if the City has the potential of being sued, Mr. Vice Chairman, Mr. Mayor, Mr. Attorney, Mr. Clerk... July 14, 1998 Vice Chairman Plummer: Call me anything but late for supper. [AT THIS POINT, COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT 10:05 A.M.] Commissioner Teele: ...that the City is represented and that the position of the City, if appropriate, is there. Because we got into this matter before and I've heard only heard, listening to rumor mills and radio stations... sometimes, unfortunately, rumors are repeated on radio stations. But we have a series of opinions relating to the Charter change and the issue that is of great importance, as I understand it, is the fact that there was a Charter change that occurred somewhere between October and November and Mr. Maxwell gave a very lengthy opinion on that. I would hope that you will review that opinion while there is no issue, so that once the judge rules, this thing— or doesn't rule -- this thing doesn't become personal because we tend to wait until things happen and then we react to it and all that I'm suggesting is that Mr. Maxwell gave a ruling, which I did not necessarily agree with. I did not disagree with. I did find it one of the most intelligent, well -reasoned, well -thought out rulings that I had ever witnessed, and that was when he ruled on the incumbency when Mayor Suarez was purporting to want to stay in office and I just would like to be very clear that all of these issues are clear before a judge rules so that we don't get ourselves back into the name calling game. Vice Chairman Plummer: Absolutely. Mr. City Attorney, the day is coming very quickly and I would hope that Commissioner Teele would be working with you and we can appoint a committee. Charter revision is so far overdue and necessary that it is absolutely embarrassing, so I would appreciate you coming to the 21 st meeting of July with some suggestions of who we need on that committee. Let's get this committee appointed. And I think it is the responsibility of the City Commission, not the Mayor, to do it but in concert with the Mayor, of course. But I think it has got to happen and can be likewise, as Commissioner Teele has just outlined, that, in fact, we can do rules and procedure of agenda and Commission meetings. I will look to you, Mr. City Attorney, to come back with full recommendations. OFFFI,�erE '� „ Vice Chairman Plummer: Mr. Regalado, you have a presentation to make. You have the floor. Commissioner Regalado: Yes, Mr. Vice Chairman. Before we go in the rest of the meeting, I would like to call Officer Luis Cabrera. Officer Cabrera has been the honor role for the Shenandoah Coral Way NET for six years and I will tell you that, before I came to this Commission, I looked to Officer Cabrera for help and after I've worked with him for many, many months... and I will tell you that Officer Cabrera, who lives in the Shenandoah area, is a person that works 25 hours a day. And we have here also the Chairman of the Coral Way Merchants Association. Would you come up here and... Vice Chairman Plummer: Proceed. Commissioner Regalado: And, you know, the Police Athletic League is a winner on this case because Officer Cabrera has transferred to the Police Athletic League and ... but I think that the Chief and all the people attending the area will eventually choose a person that will do at least the same work that Officer Cabrera. This is why, on behalf of the Mayor of City of Miami, Joe Carollo, myself, all the members of the Commission, would like to present this Certificate of Appreciation to Officer Luis Cabrera. Vice Chairman Plummer: Just go to work. Vice Chairman Plummer: All right. We're now on the Consent Agenda. Does any of the Commissioners wish to withdraw any items on the Consent Agenda? Commissioner Gort: No, sir. I need a comment. 4 July 14, 1998 Vice Chairman Plummer: A comment on an item. Mr. Gort. Commissioner Gort: I have a question, CA 1 and... Vice Chairman Plummer: Mr. City Manager? Commissioner Gort: And CA-4. Vice Chairman Plummer: Mr. City Manager? Commissioner Gort: My questions were answered by Captain Longuiera, which is the ... we had bids for photo equipment and camera equipment and although we have a lot of business within the City of Miami, there was only two bids and they were all outside of the City. And this is the problem that we've had in the past, as small businesses within the area would not like to do business with the City of Miami because we take too long in paying and I guess it's a process we do so. Teele, I hope ... one of the things I'd like to do, if possible, is maybe to the CDBG funds, where some funds can be allocated where the small businessman can be paid immediately and then whoever purchase the ... they can make the fund —refund the CDBG with it. Maybe we can come up with a program where we can utilize ex -amount of money to help the small business to compete and be part of the bid process. Vice Chairman Plummer: Is that legal? Mr. Donald Warshaw (City Manager): I don't... Commissioner Gort: I don't know if it's legal or not, but I'd like for them to research into it because we got a lot of small businesses. Vice Chairman Plummer: All right. May I suggest to you, Mr. Gort, that if it is legal ... Gwen is here. She can research it and give an... Commissioner Gort: That's why I want to bring it up. Vice Chairman Plummer: Give an afternoon... we'll just table C.41 until the afternoon. Commissioner Gort: No, no. I'm sorry. I don't want to pull it out. Vice Chairman Plummer: OK. You want to pass it? Commissioner Gort: I want to pass it. Vice Chairman Plummer: All right. Commissioner Gort: But I just want to bring this point up for the future bids. Vice Chairman Plummer: All right. Mr. Sanchez, do you wish to pull any items or discuss an item? Commissioner Sanchez: No, sir. Vice Chairman Plummer: Mr. Teele? Commissioner Teele No, sir. Vice Chairman Plummer: Mr. Regalado? Commissioner Regalado: No. Vice Chairman Plummer: The Vice Chairman wants to discuss Item CX12. As you know, I am the Chairman of Police and Fire and I have found a great, great problem existing in the Fire Department and I wish to expand on CA-12 and to expand whether it is through this contract or a County contract the 26 5 July 14, 1998 Chevy Cavaliers for the Department of Fire. As you all are very much aware, the fire fee is generating for equipment in the Fire Department, so I wish to expand that by the ninetyfive thousand or the 26 cars but they are to be Chevy Cavaliers. On Item 18, Mr. Manager, I would like to see the RFP before it goes out. It is an awful lot of money in the years past of a hundred thousand dollars ($100,000) a year, and so I would like to see the stipulations prior to that. Is there anyone of the general public who wishes to be heard besides Boom -Boom on any item of the CA? Keep in mind that CA 10 was withdrawn by the formal application of an objection and so it will come back to the agenda on the 21 st. No one else, besides Mr. BoomrBoom. Mr. Boom -Boom, you have two minutes, sir. Mr. Manuel Gonzalez-Goenaga: Well, as a matter of introduction, I strongly suggest to Mr. Chairman ... Mr. Plummer. Vice Chairman Plummer: Vice Chairman. Mr. Gonzalez-Goenaga: Vice Chairman, that I am the only one speaking here that the rule of the two minutes is when there are a lot of people to speak. Besides... Vice Chairman Plummer: Sir, you're wrong and I'll tell you that the rule is set by the Chairman. I can give you one minute, if I want, or I can give you a half hour. You've already used... Mr. Gonzalez-Goenaga: Well, give me one way trip to Puerto Rico and I won't be here. Vice Chairman Plummer: Well, that's also the case. We might arrange that. Mr. Gonzalez-Goenaga: OK. And then, furthermore, I ... regarding what Mr. Teele mentioned at the beginning as a way of introduction of the rules of procedures, if there any vacancy in any position? I am still available for anyone. Any vacancy whatsoever. And I am very concerned how this City might become more convoluted if there is a new election, as people say in the radio...Hispanic radio station, especially Martha Flores. And this is my only problem, regarding number three ... number one was discussed. I am a little concerned and I would like some information regarding CX3. Vice Chairman Plummer: All right, sir. What is your question? Mr. Gonzalez-Goenaga: My question is, since I have been arrested so many times by the City of Miami Police, I would like to have ... what's the use of the Prisoner Transport Partitions? Why do we need partitions? Because I am one of the most experienced people who has been arrested so many times by the honorable Police Department. Vice Chairman Plummer: All right. The question is, why was Mr. Boom -Boom arrested and not given an air conditioned ride in a patty wagon? Mr. Gonzalez-Goenaga: What's the use of the cages, just like animals, cages, like dogs? Vice Chairman Plummer: You really don't want me to answer that, do you? Mr. Gonzalez-Goenaga: I love to hear the answer. Vice Chairman Plummer: The cages are for the protection of the policemen so that the person being transported cannot cause bodily harm to the policeman. Mr. Gonzalez-Goenaga: Oh, my God. Look, I have been examined... Vice Chairman Plummer: Excuse me. You can argue, but that's the answer. Now, is there another question? Mr. Gonzalez-Goenaga: I have been examined before putting in the police car, even they ... they want to see what's inside and outside and I have to open my back. 6 July 14, 1998 Vice Chairman Plummer: Is there another... Mr. Gonzalez-Goenaga: And they touch you everywhere. So don't give me that crap. I don't agree with that. Besides cameras, what about ... when are the citizens going to be given cameras and video when the police extra limits the way of nice procedures and we have Mr ... I love to hear also Mr. Luis Sabinas and welcome here today, Mr. Sabinas. Vice Chairman Plummer: All right. Very fine, sir. Mr. Gonzalez-Goenaga: And another one is regarding parks. Vice Chairman Plummer: Is his time up yet? Mr. Gonzalez-Goenaga: No, not yet. Vice Chairman Plummer: It is. Why didn't the thing beep? Mr. Gonzalez-Goenaga: No. Thirteen... professional services. Vice Chairman Plummer: Why didn't it beep? Mr. Gonzalez-Goenaga: The issue of the parks. Let's go after accountability and supervision on the money that we approve. I don't want these things to come over again and again for change order. Not enough money. We need more money. This is... Vice Chairman Plummer: That's very well. Before the vote is adopted on items included in the consent agenda is taken, is there anyone present who is an objector or proponent, besides this guy, that wishes to speak on any item in the consent agenda? Let the record reflect that no one came forth and a motion by Sanchez and seconded by Gort. Is there anyone wishes to be recorded in the negative? Let the record reflect the amendments that were made and the withdrawal. Call the roll. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS DETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER SANCHEZ AND SECONDED BY COMMISSIONER GORT, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 7 July 14, 1998 RESOLUTION NO.98-661 A RESOLUTION ACCEPTING THE BID OF KRALHINKLE PHOTOGRAPHY GROUP, INC., D/B/A LAWMEN'S PHOTO, FOR THE PROCUREMENT OF CAMERAS AND SUPPORTING EQUIPMENT FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $7,784.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, ACCOUNT CODE NO. 291229.6.840, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE 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 SAID PROCUREMENT. RESOLUTION NO.98-662 A RESOLUTION ACCEPTING THE BID OF MUNICIPAL EQUIPMENT COMPANY FOR THE PROCUREMENT OF FIREFIGHTERS' BOOTS, GLOVES AND HELMETS FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL COST NOT TO EXCEED $25,780.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.280601.075; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROCUREMENT. RESOLUTION NO.98-663 A RESOLUTION ACCEPTING THE BID OF METRO USA FOR THE FURNISHING AND INSTALLATION OF PRISONER TRANSPORT PARTITIONS (CAGES) ON PURSUIT VEHICLES FOR THE POLICE DEPARTMENT, ON AN AS -NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL COST NOT TO EXCEED $53,460.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 311850, ENTITLED "REPLACEMENT OF CITY-WIDE FLEET"; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ACQUISITION. July 14, 1998 RESOLUTION NO.98-664 A RESOLUTION ACCEPTING THE BID OF SOUTHERN PHOTO SUPPLY, INC., FOR THE PURCHASE OF DIGITAL CAMERAS FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $36,147.50; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, SECTION 932.7055, AS AMENDED. RESOLUTION NO.98-665 A RESOLUTION ACCEPTING THE BID OF AIR PRODUCTS & CHEMICALS, INC., FOR THE PROCUREMENT OF MEDICAL GASES FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS - NEEDED BASIS, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL COST NOT TO EXCEED $20,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 105000.280502.6.704; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROCUREMENT. RESOLUTION NO.98-666 A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE PROPOSED AMOUNT OF $98,000.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "LUMMUS PARK REDEVELOPMENT COMPLETION, B-3247A' ; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 331042, AS APPROPRIATED PURSUANT TO CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $98,000.00 TO COVER THE CONTRACT COST AND $5,053.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $103,053.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. 9 July 14, 1998 RESOLUTION NO.98-667 A RESOLUTION ACCEPTING THE BID OF ELECTRICAL CONTRACTING SERVICE, INC., IN THE PROPOSED AMOUNT OF $95,050.00, TOTAL BID OF THE PROPOSAL FOR THE PROJECT ENTITLED "MORNINGSIDE PARK SECURITY LIGHTING PROJECT, B-6278' ; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331313, AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $95,050.00 TO COVER THE CONTRACT COSTS AND $19,323.25 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $114,373.25; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. RESOLUTION NO.98-668 A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC SERVICES CO. INC., IN THE PROPOSED AMOUNT OF $31,600.00, TOTAL BID OF THE PROPOSAL FOR THE PROJECT ENTITLED "SEWELL PARK PARKING LOT SECURITY LIGHTS, B-6285"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.333105, AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $31,600.00 TO COVER THE CONTRACT COSTS AND $7,700.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $39,300.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. RESOLUTION NO.98-669 A RESOLUTION ACCEPTING THE BID OF TOBIN CONSTRUCTION CO., IN THE PROPOSED AMOUNT OF $153,045, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "BAYFRONT PARK - PAINTING OF TOWERS AND FOUNTAIN PROJECT, B-3265"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331401, AS APPROPRIATED BY FISCAL YEAR 1997- 1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $153,045 TO COVER THE CONTRACT COST AND $1,000 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $154,045; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. 10 July 14, 1998 RESOLUTION NO.98-670 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH Q-MATIC CORPORATION FOR THE ACQUISITION OF A Q-MATIC CUSTOMER FLOW MANAGEMENT SYSTEM APPLICATION FOR THE CITY CLERK'S OFFICE, IN CONNECTION WITH THE CITY OF MIAMI'S NEWLY ESTABLISHED PASSPORT ACCEPTANCE FACILITY, AT AN AMOUNT NOT TO EXCEED $20,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 311031-229401-840, ENTITLED "INTEGRATED TEXT AND IMAGE MANAGEMENT SYSTEM," FOR SAID ACQUISITION. RESOLUTION NO.98-671 A RESOLUTION APPROVING THE BID OF INTER-AMERICAN CAR RENTAL, INC., UTILIZING EXISTING MIAMI-DADE CONTRACT NO. 5961-4/03, FOR THE PROVISION OF AUTOMOBILE RENTAL ON AN AS -NEEDED CONTRACT BASIS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, SAID RENTALS TO BE USED BY VARIOUS CITY DEPARTMENTS AT AN INITIAL FIRST YEAR COST NOT TO EXCEED $160,000, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS AT TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. RESOLUTION NO.98-672 A RESOLUTION AUTHORIZING THE FUNDING OF THE NEW BETHEL BAPTIST CHURCH YOUTH PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,000.00, FROM THE LAW ENFORCEMENT TRUST FUNDS, PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED 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." 11 July 14, 1998 RESOLUTION NO.98-673 A RESOLUTION AUTHORIZING THE ALLOCATION OF $15,400.00 FROM THE TWENTY-FOURTH $24TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS ("CDBG") (PROJECT NO. 799602), FOR THE REHABILITATION OF ELEVEN (11) BUSINESSES LOCATED IN THE DOWNTOWN AREA UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM IN WHICH SAID ALLOCATION SHALL BE BASED ON 70% OF THE TOTAL REHABILITATION COST, WITH THE PROPERTY OWNER OR BUSINESS OWNER PROVIDING A 30% MATCH; FURTHER PROVIDING THAT DOWNTOWN MIAMI PARTNERSHIP, INC. SHALL PROVIDE CERTAIN SERVICES IN CONNECTION WITH SAID PROGRAM. RESOLUTION NO.98-674 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC"), TO PROVIDE AN ADDITIONAL $50,000 ALLOCATION FOR THE IMPLEMENTATION OF SBOC'S ECONOMIC DEVELOPMENT PROGRAM FOR 1998-1999; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR SAID PURPOSE. RESOLUTION NO.98-675 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH REY ROS, IN AN AMOUNT NOT TO EXCEED $16,700, TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES TO THE BAYFRONT PARK MANAGEMENT TRUST AND THE CITY OF MIAMI IN CONNECTION WITH CAPITAL IMPROVEMENTS TO BE MADE TO THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, `BAYFRONT PARK IMPROVEMENTS," PROJECT NO. 331401. 12 July 14, 1998 RESOLUTION NO.98-676 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LESTER PANCOAST, FAIA, IN AN AMOUNT NOT TO EXCEED $17,128, TO PROVIDE ARCHITECTURAL DESIGN AND CONSTRUCTION SUPERVISION SERVICES TO THE BAYFRONT PARK MANAGEMENT TRUST AND THE CITY OF MIAMI IN CONNECTION WITH CAPITAL IMPROVEMENTS TO BE MADE TO THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, "BAYFRONT PARK IMPROVEMENTS," PROJECT NO. 331401. [Note for the Record: Number 98-677 was skipped, not assigned.] RESOLUTION NO.98-678 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT PROPOSALS FROM QUALIFIED PERSONS, FIRMS, OR HEALTH CARE ORGANIZATIONS TO PROVIDE MEDICAL DIRECTION SERVICES FOR THE EMERGENCY MEDICAL SERVICES ("EMS") DIVISION OF THE DEPARTMENT OF FIRE -RESCUE; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE MOST ADVANTAGEOUS PROPOSAL TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION. Vice Chairman Plummer: Mr. City Manager, there's been a number of inquiries and this is going out over TV ... the Virrick Gym is going to be heard after 5:00? Mr. Donald Warshaw (City Manager): Yes, sir. Vice Chairman Plummer: OK. There's no change because there's been people that been asking for it to change but it was impossible to make the change. Vice Chairman Plummer: Item 3? Commissioner Gort: Two. Vice Chairman Plummer: Two. I can't see it. It's blocked here. There's a motion on the Coconut Grove 13 July 14, 1998 Convention Center to establish a passport acceptance facility. Is there a motion? Commissioner Sanchez: Move it. Vice Chairman Plummer: Motion by Sanchez. Seconded by... Commissioner Gort: Second. Vice Chairman Plummer: ...Gort. Is this a public hearing? Mr. Manuel Gonzalez-Goenaga: Of course. Vice Chairman Plummer: All right, sir. You have two minutes. Mr. Gonzalez-Goenaga: Well... Vice Chairman Plummer: I'm not going to do this all day now. Go. Mr. Gonzalez-Goenaga: By way of clarification, when Boom -Boom has the patience to be here all day long and hear... and talking here nonsense and when I only have two minutes to say the truth, the truth and nothing but the truth, this is not a very democratic way to proceed as Chairman or Vice Chairman, Mr. Plummer. Vice Chairman Plummer: I hear you. Mr. Gonzalez-Goenaga: When is this office going to be inaugurated because L. Vice Chairman Plummer: Mr. Clerk, answer the question. Mr. Walter Foeman (City Clerk): We've tentatively scheduled the end of the month but after talking with Public Works, Item Number 3, I believe, will impact on that. Vice Chairman Plummer: All right, sir. Mr. Foeman: It's a month from what I've talked to... Vice Chairman Plummer: All right, there's a motion and a second on Item 2. Mr. Foeman: A month from... Mr. Gonzalez-Goenaga: Wait, I'm not finished. Vice Chairman Plummer: You want to bet? Mr. Gonzalez-Goenaga: I want to be the first client because I'm scared to be deported the way things are going on here in Miami recently. Thank you. Vice Chairman Plummer: Thank you, sir. Call the roll on Item 2. No, it's a resolution. All in favor say "aye". The Commission (Collectively): Aye. 14 July 14, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-679 A RESOLUTION, WITH ATTACHMENT(S), RELATING TO THE CONCESSION RIGHTS TO THE COCONUT GROVE CONVENTION CENTER AND THE ESTABLISHMENT OF A PASSPORT ACCEPTANCE FACILITY IN THE RESTAURANT PORTION THEREOF; CONSENTING TO THE ASSIGNMENT OF THE CONCESSION RIGHTS BY TERREMARK AT DINNER KEY, INC., TO DAMARO ENTERPRISES INC., AND THE AMENDMENT OF THE CONCESSION AGREEMENT TO, AMONG OTHER THINGS, REFLECT CONCESSIONAIRE'S RELINQUISHMENT OF THE RIGHTS TO THE RESTAURANT SPACE TO PERMIT IT TO BE USED BY THE CITY AS A PASSPORT ACCEPTANCE FACILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT AND AN AMENDMENT TO CONCESSION AGREEMENT SUBSTANTIALLY IN THE FORM OF THE AGREEMENTS ATTACHED HERETO AS COMPOSITE EXHIBIT "A". (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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: OK. Now, on Item 3, because it's a four/fifths, a motion by Sanchez, seconded by Gort. Anyone wishing to discuss Item 3? Hearing none, since it is a four/fifths vote, Mr. Clerk, call the roll. 15 July 14, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-680 A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY SITUATION EXISTS FOR CERTAIN MODIFICATIONS AT THE COCONUT GROVE CONVENTION CENTER FOR THE CONSTRUCTION OF A PASSPORT ACCEPTANCE FACILITY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE AWARD OF SAID PROJECT TO VENECON, INC., FOR A TOTAL PROPOSED AMOUNT NOT TO EXCEED $42,000.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 311016, ENTITLED "CITYWIDE FACILITY RENOVATION AND RESTORATION," AS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $42,000 TO COVER THE CONTRACT COSTS AND $5,880.00 TO COVER THE ESTIMATED EXPENSES INCURRED BY THE CITY, FOR AN ESTIMATED TOTAL COST OF $47,880; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VENECON, INC. FOR SAID PROJECT. (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: Gort Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Item 4, Bayfront Park. Moved by... Commissioner Regalado: Me. Vice Chairman Plummer: Regalado. Seconded by Sanchez. Anyone wishing to discuss Item 4. Let the record reflect no one came forth. It is a resolution. For that reason, four/fifths vote. I ask you to call the roll. 16 July 14, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-681 A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY SITUATION EXISTS FOR THE IMPROVEMENTS REQUIRED AS RELATED TO THE PROJECT ENTITLED "SOUTH SERVICE ROAD EMERGENCY RENOVATIONS AT MILDRED AND CLAUDE PEPPER BAYFRONT PARK, B-4611' ; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND APPROVING THE AWARD OF SAID PROJECT TO HORIZON CONTRACTORS, INC., FOR A TOTAL PROPOSED AMOUNT NOT TO EXCEED $32,900.00; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY ALLOCATED PURSUANT TO RESOLUTION NO. 98-544 (CONTRIBUTIONS FROM BAYSIDE CENTER LIMITED PARTNERSHIP, BAYFRONT VENTURES DB/A BAYFRONT PRINCESS, AND THE BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENTS ACCOUNT); AUTHORIZING THE CITY MANAGER TO EXECUTE AND/OR ISSUE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH HORIZON CONTRACTORS, INC., FOR SAID PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Item 5, in reference toxerox machines. Is there a motion? Made by... Commissioner Regalado: I just want to note that this is not a City of Miami vendor and... Vice Chairman Plummer: It's not a City of Miami vendor? Why not, Mr. Manager? Commissioner Regalado: I don't know. Mr. Donald Warshaw (City Manager): This is a ... we're piggy backing on Dade County School Board bid. We've gone out for other prices. There were only seven machines and there's about 20... twenty thousand dollars ($20,000.00) savings. 17 July 14, 1998 Vice Chairman Plummer: OK. Commissioner Regalado: OK. I'll move it. Vice Chairman Plummer: Moved by Regalado. Seconded by Teele. Commissioner Gort: Under discussion. Vice Chairman Plummer: Discussion. Mr. Gort. Commissioner Gort: My understanding, what you're saying is, this was bid by the school system. You're just piggy backing on the bid that was done by the school system? Mr. Warshaw: Yes, sir. Commissioner Gort: OK. Thank you. Commissioner Sanchez: Discussion. Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: You know, in the past waiver of competitive sealed bids ... that! s been a concern that has caused us some problems in the past. We piggy back ... we're talking with the School Board on this. Was it the best deal that we could probably get through guarantee or what ... money wise, but... Mr. Warshaw: Yes, sir. Number one, for the amount of copiers, it's only seven copiers. We did go out and try to competitively price this and we found that by going with this bid, we'd be saving approximately thirty thousand dollars ($30,000). Vice Chairman Plummer: OK. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Let me commend the management. I am very frustrated with the way everything takes years around here to get anything done. It seems that utilizing a bid from the School Board, which is in the business of making a lot of copies, is a very intelligent way to approach something like this. I mean, I think we need to encourage the GSA (General Services Administration) and the Purchasing Department and Public Works to piggy back on other bids. My question, Mr. Attorney, is why is this a waiver? There was a sealed bid, right? Mr. Alejandro Vilarello (City Attorney): Correct. Under ... the law in the state of Florida at this point, we can go under a State bid or a County bid pursuant to County bidding contracts. Commissioner Teele: But why does that constitute... Mr. Vilarello: We are now in the process of allowing the City to acquire, not through waiver, but through actually piggy backing on other bids which are competitively let. Commissioner Teele: Mr. Attorney? Mr. Vilarello: Yes. Commissioner Teele: Answer my question. Mr. Vilarello: Yes, sir. 18 July 14, 1998 Commissioner Teele: Why is this a waiver? This is not a waiver. Just give me the reason, under State law or under City ordinance or City Charter, that this is a waiver. Mr. Vilarello: The only way that we can buy under another contract is through a State contract or through a County contract. Anything else is a waiver. Commissioner Teele: Oh. I'm slow. School Board's not a County? Mr. Vilarello: School Board is not the County, yes, sir. Commissioner Teele: OK. That's a sort of distinction without a difference. Mr. Vilarello: Yes, sir. And that's... Commissioner Teele: For some purposes. In other words, what you're saying is, if this were Dade County, this would not be a waiver? Mr. Vilarello: Correct. Ms. Dena: But since it's the School Board, it requires a waiver? Mr. Vilarello: Yes. Commissioner Teele: Is there any way, by ordinance, we can correct that? Mr. Vilarello: Yes. We're in the process doing it, so that we can direct... without waiving... Vice Chairman Plummer: Charter revision Mr. Vilarello: No, it's not a Charter provision. We can amend it in the City Code... Commissioner Teele: It's an ordinance. Mr. Vilarello: So that we can... Commissioner Teele: See, we're working against ourselves and I really think, in a lot of these things, Mr. Attorney, Mr. Manager, we need to try to use the process to work for us as opposed to against us. Because Mr. Pass ... I always call you Juan. What's your last name? Mr. Juan Pascual (Director/General Service Administration): Pascal. Commissioner Teele: Mr. Pascual should be commended for doing this and 1 would hate for you to think that there's any negative. I mean, this is the kind of innovative approach. This is a sealed bid. This was a sealed bid. It wasn't bid by us. It was bid by the School Board. We're going to save approximately thirty thousand dollars ($30,000). If we put our bid out, a sealed bit out, utilizing the volume that we have, the bids would be higher, right? Mr. Pascual: Yes, sir, that's correct. Vice Chairman Plummer: Well, in this particular case —but let me tell you experience. I went to buy a fax machine for my private business. Commissioner Teele: Use a fire truck as an example. Vice Chairman Plummer: Let me use what I know for a fact, all right. I went to buy a fax machine for my private business and I asked the City, because of the machine I had at my office, where did they buy it and what did they pay for it? And they told me they bought it from a company on 36th Street and Biscayne Boulevard. It was opened at that time. No longer. And they paid ex -number of dollars. When I went up there, the machine was there. And, as I recall, the machine, on the shelf, was about sixty dollars ($60) cheaper. And I said to the company, why? And they said ... why do you charge more to the City, which I 19 July 14, 1998 have here a thing that says this is what you charged the City and, yet, on your shelf, it's sixty dollars ($60) cheaper, that you'll sell it to me as a private citizen. They said, because the City ... we gave a bid and we have to stick to that bid. We cannot up it and we cannot lower it. So I'm saying to you, it can work detrimental. As we all know, cellular phones, fax machines, all of these things, the state of the art and prices are dropping like mad. I mean, you take a computer today that I paid four thousand dollars ($4,000) for last year, you can buy the same computer today, the identical computer, for twent},Ltwo hundred dollars ($2200). Commissioner Teele: Mr. Chairman ... Mr. Vice Chairman? Vice Chairman Plummer: Yes, sir. So I'm just ... I'm giving experience. Commissioner Teele: Respectfully, you're right, you're right. But you're for two reasons are, there's two other issues that should be addressed. Number one, the cost of doing business with the City is a hell of a lot more than doing business with Plummer Funeral Home. First of all, you got to a bid document... Vice Chairman Plummer: Be careful now. Be careful now. Commissioner Teele: You've got a bid document; you've got minority business; you've got set asides; you've got local ordinances; you've got local business preferences. It takes time. It takes money for somebody fill that out and worse... Vice Chairman Plummer: Bureaucracy. Commissioner Teele: ...it gets back to what Commissioner Gort talked about. You know how long it's going to take them to get paid? Vice Chairman Plummer: Forever. Commissioner Teele: So when any business decides to do business with the City, they compute that in. Now, the point is this, they could give us a lower price and that Purchasing Director, once he has a contract, can always come to us and give us a lower price on that bid. Vice Chairman Plummer: OK. Commissioner Teele: Can he not, Mr. Attorney? Mr. Vilarello: I'm sorry? Commissioner Teele: On a sealed bid where a price of a Xerox machine is six hundred dollars ($600), and they want to sell us the same Xerox machine for five hundred dollars ($500), he can accept that price and come to us for an acceptance, right? Mr. Vilarello: Yes. Vice Chairman Plummer: OK. There's a motion and a bid and a second on Item 5. Since it is a four/fifths, I will ask that you call the roll. 20 July 14, 1998 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-682 A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING THAT COMPETITIVE SEALED BIDDING METHODS ARE NOT PRACTICAL OR ADVANTAGEOUS FOR THE LEASING, INSTALLATION AND MAINTENANCE SERVICE OF SEVEN (7) MODEL 5100 HEAVY DUTY XEROX COPIERS; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING METHODS, AND APPROVING THE ACQUISITION OF SAID COPIERS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM XEROX CORPORATION, ON A CONTRACT BASIS FOR A SIXTY MONTH PERIOD, UTILIZING EXISTING MIAMI- DADE COUNTY SCHOOL BOARD CONTRACT NO. 046-V-V 11, FOR A TOTAL FIRST YEAR COST NOT TO EXCEED $90,000.00 AND ALLOWING FOR A TWO AND ONE-HALF PERCENT ANNUAL INCREASE FOR EACH ADDITIONAL YEAR THEREAFTER; ALLOCATING FUNDS THEREFOR FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH XEROX CORPORATION FOR SAID ACQUISITION. (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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Item 6 has been withdrawn. We're now on an emergency ordinance, Item Number 7. Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Second by... Commissioner Regalado: Second. Vice Chairman Plummer: Everybody. Mr. Manuel Gonzalez-Goenaga: Yes. 21 July 14, 1998 Vice Chairman Plummer: It's an emergency ordinance. Mr. Boom -Boom. Mr. Gonzalez-Goenaga: Well, for a long time I have asked, through letters, the whereabouts of the stealing from the safe of the Police Department of a hundred thousand dollars ($100,000) Vice Chairman Plummer: Mr. Goenaga, I will ask you to speak to the ordinance in the issue before us. Mr. Gonzalez-Goenaga: Is a matter of importance on the issue. Because these are three hundred and thirty-seven thousand dollars ($337,000) that have to come out of the general operating budget. Vice Chairman Plummer: That's correct, sir. Mr. Gonzalez-Goenaga: OK. Why don't we use the hundred thousand dollars ($100,000) that were stolen from the safe of the Police Department and I have asked here, not to give the Police Department one more penny. Vice Chairman Plummer: Sir, cut the microphone. Cut the microphone. All right. Mr. Gonzalez-Goenaga: They discover that money. Vice Chairman Plummer: I will not to tolerate you to stand here and say that they stole a hundred thousand dollars ($100,000). Mr. Gonzalez-Goenaga: I did... Vice Chairman Plummer: If you have proof, if you have proof of making such an allegation, which is slander, that the Police Department stole a hundred thousand dollars ($100,000.00)... Mr. Gonzalez-Goenaga: Somebody. Vice Chairman Plummer: Sir, I suggest that you go to the proper authorities and it is not this Commission. I will not tolerate you making slanderous remarks, such as that, in the future. Mr. Gonzalez-Goenaga: That is not a slanderous remark. Vice Chairman Plummer: Next item. Mr. Gonzalez-Goenaga: It was stolen from the safe of the Police Department... Vice Chairman Plummer: Sir, you said ... I heard you. Mr. Gonzalez-Goenaga: And I have the ... OK. Thank you very much. Bye-bye. Vice Chairman Plummer: Thank you, sir. Read the ordinance, please. Read the ordinance, please. Call the roll. 22 July 14, 1998 An Ordinance Entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11463, ADOPTED MARCH 20, 1997, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM," TO: (1) CORRECT AN OMISSION BY REFLECTING THE APPROPRIATION OF MATCHING FUNDS, IN AN AMOUNT OF $337,093.00 FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, AS APPROVED PURSUANT TO SAID ORDINANCE; AND (2) INCREASE THE DEPARTMENT OF JUSTICE GRANT MONIES RECEIVED, IN THE AMOUNT OF $79,616.00, AS A RESULT OF ACCRUED INTEREST EARNINGS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Gort and seconded by commissioner Regalado, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11680. 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: It's a four/fifths vote. 23 July 14, 1998 Vice Chairman Plummer: On item 8, should Mr. Sanchez not vote on that item because it only affects him? Mr. Alejandro Vilarello (City Attorney): No, he has to vote on that item. Vice Chairman Plummer: He has to vote, OK. Commissioner Regalado: For what? Vice Chairman Plummer: For the election... special election on November the 3rd. There's a motion by Gort. Seconded by Regalado. Mr. Walter Foeman (City Clerk): Commissioner Plummer, excuse me. Before you call the roll, I just want to put on the record the qualifying deadline would be September 19, 6 p.m. Vice Chairman Plummer: September 19. Mr. Foeman: At six p.m. Vice Chairman Plummer: All right. That's this year, right? That's fine. All right. Read the ordinance. Call the roll. Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: I'm sorry. Mr. Teele. Commissioner Teele: What's the latest we can do this? Vice Chairman Plummer: We're doing it as an emergency now. Mr. Clerk? Commissioner Teele: Mr. Attorney? Mr. Foeman: We can do it... Commissioner Teele: Can we do this next week? Mr. Foeman: We can do it next week, yes. Commissioner Teele: I think we should prudently wait until next week. I really do. Vice Chairman Plummer: Matter is deferred. Commissioner Teele: I mean, it would be kind of silly ... I mean, I have no idea where all of this other stuff is but... Vice Chairman Plummer: Sir, it's easy. The matter is deferred until next week. Is there a motion to defer? Commissioner Teele: To next week. I would so move. Vice Chairman Plummer: Second by... Commissioner Gort: Second. Vice Chairman Plummer: Second by everybody else. The matter is deferred. All in favor say "aye". It's deferred. 24 July 14, 1998 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-683 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 8 (PROPOSED EMERGENCY ORDINANCE TO SCHEDULE AN ELECTION TO FILL, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 3; SETTING NOVEMBER 3, 1998 AS THE DATE OF SUCH ELECTION AND ESTABLISHING THE QUALIFYING DEADLINE FOR SAME) TO THE COMMISSION MEETING SCHEDULED FOR JULY 21, 1998. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: The next item is Item 9. It's an emergency ordinance in reference to the Overtown Advisory Board. Is there a motion? Commissioner Teele: So moved. Vice Chairman Plummer: By Teele. Commissioner Regalado: Second. Vice Chairman Plummer: Seconded by Regalado. Is there any... Commissioner Regalado: Question, question. Vice Chairman Plummer: Discussion. Mr. Regalado. Commissioner Regalado: I see here that the County has a right to appoint a member ... of course, the City Commissioner ... from the area and then the rest of the members elected by the community. Commissioner Teele: I move to strike that provision and that appointee will be elected by the citizens. Vice Chairman Plummer: All right. Excuse me. For the ordinance, give me the exact wording that is to be deleted. Commissioner Teele: The wording would be... Vice Chairman Plummer: Starting with... 25 July 14, 1998 Commissioner Teele: The wording would be ... hold on just a minute. The Overtown... I 1 would be on page 2? Vice Chairman Plummer: Of the ordinance, that's what I'm asking. Commissioner Teele: I'm reading from the ordinance. On page 2 of the ordinance, it would say, the Overtown Advisory Board shall be ... consist of 13 members. It says 10 of whom will be elected. It should say, I 1 of whom will be elected and two of whom will be appointed in the following manner. And then on page 3, that's paragraph A on page... Vice Chairman Plummer: I'm lost. Mr. Teele, if you'll assist me, please. I'm reading the ordinance on the agenda. Commissioner Teele: I'm reading the ordinance on the agenda. Vice Chairman Plummer: And I don't find... Mr. Donald Warshaw (City Manager): Commissioner, I think it's on page four, the part about the County Commission. Vice Chairman Plummer: I don't find anything here relating to what... Commissioner Teele: Reading to page ... look at page 2 of the agenda ... of the ordinance. Mr. Warshaw: Of the ordinance. Commissioner Teele: Of the ordinance. Vice Chairman Plummer: I have the ordinance. Commissioner Gort: He never reads the backup material. Vice Chairman Plummer: I read... Mr. Alejandro Vilarello (City Attorney): No, he's got the caption. Mr. Warshaw: The actual ordinance. Commissioner Teele: You have to read the ordinance. Vice Chairman Plummer: The ordinance is in front of.. Commissioner Teele: That's the title. All you're reading is the title. Vice Chairman Plummer: OK, go ahead. So what you're saying is that the —all of the members, with the exception of two, will be elected by the board? Commissioner Teele: Right. And the Mayor of the City of Miami and the Commissioner representing the district will appoint one each. Vice Chairman Plummer: OK. Commissioner Teele: And the reference to the County will be stricken. Vice Chairman Plummer: OK. Is that understood? Commissioner Teele: Mr. Attorney? Vice Chairman Plummer: Is that understood? OK. Mr. Regalado, did you wish to speak on the item? 26 July 14, 1998 Commissioner Regalado: No. I will second that motion. Vice Chairman Plummer: All right. Was a motion made by... Commissioner Teele: The only point, it's not in here, Mr. Attorney. It should be very clear that the staggered terms will be selected by a lot ... by lot ... by lottery ... by lot. Vice Chairman Plummer: OK. Mr. City Attorney, I hope you understand it because you've got to read it. That is Item 9. Commissioner Teele: That doesn't have to be in the ordinance itself. Mr. Vilarello: The text of the ordinance will be amended as stated. The title does not change. An emergency ordinance amending Section 2-1052 of the Code of the City of Miami, Florida, as amended, to change the manner in which members of the Overtown Advisory Board are selected, to provide for the appointment of the three of the members... excuse me. Commissioner Teele: Two. Mr. Vilarello: Two of the members by the Mayor of the City of Miami and the elected officials on the City Commission and... Commissioner Regalado: No, it's the Commissioner of the district. Commissioner Teele: Be the Commissioner of the district. Mr. Vilarello: On the Commissioner of the district to represent the Overtown community. Two, increase the term of office from one year to two years and provide for staggered terms. Three, modify the responsibilities of the staff person assigned to assist the Overtown Advisory Board. Containing a repealer provision, a severability clause and providing for an effective date. Vice Chairman Plummer: Motion understood. Call the roll. An Ordinance Entitled - AN EMERGENCY ORDINANCE AMENDING SECTION 2-1052 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO (1) CHANGE THE MANNER IN WHICH MEMBERS ON THE OVERTOWN ADVISORY BOARD ARE SELECTED TO PROVIDE FOR THE APPOINTMENT OF TWO OF THE MEMBERS: ONE BY THE MAYOR OF THE CITY OF MIAMI AND ONE BY THE ELECTED OFFICIAL ON THE CITY COMMISSION WHO REPRESENTS THE OVERTOWN COMMUNITY; (2) INCREASE THE TERM OF OFFICE FROM ONE YEAR TO TWO YEARS AND PROVIDE FOR STAGGERED TERMS; (3) MODIFY THE RESPONSIBILITIES OF THE STAFF PERSON ASSIGNED TO ASSIST THE OVERTOWN ADVISORY BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 27 July 14, 1998 was introduced by Commissioner Teele and seconded by Commissioner Regalado, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Regalado, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11681 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: Let the record reflect that was not a four/fifths vote, even though it did pass by four/fifths. Vice Chairman Plummer: Item 10, an emergency ordinance relating to JTPA and this is basically the jobs and wages programs for the City of Miami. Is there a motion? Commissioner Teele: So move. Vice Chairman Plummer: Moved by Teele. Seconded by Sanchez. Commissioner Sanchez: I didn't say that. Vice Chairman Plummer: Yes, you did. Anybody wishing to speak on the issue? Read the ordinance. 28 July 14, 1998 An Ordinance Entitled - AN EMERGENCY ORDINANCE ESTABLISHING FIVE (5) NEW SPECIAL REVENUE FUNDS ENTITLED: "JTPA TITLE II- A/ECONOMICALLY DISADVANTAGED ADULTS (PY'98)", "JTPA TITLE II-C/ECONOMICALLY DISADVANTAGED YOUTH (PY'98)", "JTPA TITLE III/DISLOCATED WORKERS (PY'98)", "JTPA/WAGES (PY'98)", AND "DADE-MONROE WAGES COALITION (PY'98)"; APPROPRIATING FUNDS FOR THE OPERATION OF EACH COMPONENT IN THE RESPECTIVE AMOUNTS OF $248,400, $34,500, $411,700, $470,750, AND $2,416,796 FROM THE U.S. DEPARTMENT OF LABOR AND FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11682. 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: The reason the City Attorney had a problem with all those numbers, that was more money than he handled the entire time he was the City of Hialeah attorney. Is the motion understood? Call the roll. Vice Chairman Plummer: Show it unanimous. 29 July 14, 1998 Vice Chairman Plummer: I'd like to make a motion at this time. It's appropriate that I nominate for the Wages Board, from the private sector, which we had to do, Maria Delgado. I think most of you know her. She presently is on the Off -Street Parking. And she has requested ... and I think she would be an excellent member. I would like to make a motion, if it's in accord with my colleagues, that Marie Delgado be appointed to the Wages Board. Is there a second? Commissioner Gort: I'll second it. Vice Chairman Plummer: All in favor, say "aye.". If you'll so notify her, Mr. Clerk. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-684 A RESOLUTION RECOMMENDING THE APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE WORK AND GAINS ECONOMIC SELF-SUFFICIENCY COALITION ("WAGES"). (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 Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Item 11. Commissioner Gort: Move it. Vice Chairman Plummer: Second reading. It's Community Policing Demonstrations for a million dollars ($1,000,000). Moved by Gort. Seconded by Sanchez. Commissioner Regalado: Second. Vice Chairman Plummer: Read the ordinance. Commissioner Gort: Make sure you're stating that we're receiving a million dollars ($1,000,000). Vice Chairman Plummer: That's getting ... it's a grant of a million dollars ($1,000,000). Commissioner Sanchez: And no matching funds required. 30 July 14, 1998 Vice Chairman Plummer: OK. Call the roll. An Ordinance Entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "COMMUNITY POLICING DEMONSTRATION CENTER" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $1,000,000, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT FROM THE U.S. DEPARTMENT OF JUSTICE AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11683. 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: Item 12. The use of the Orange Bowl by High School Football teams. Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Commissioner Sanchez: Second. Vice Chairman Plummer: Anyone wishing to discuss the issue? Read the ordinance. Call the roll. 31 July 14, 1998 An Ordinance Entitled - AN ORDINANCE AMENDING SECTION 53-83 (B)(1) B. AND C. OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMISSION TAX AND MINIMUM CHARGES," TO SET FORTH CERTAIN RENTALS FEES TO BE CHARGED FOR THE USE OF THE ORANGE BOWL STADIUM FOR HIGH SCHOOL FOOTBALL GAMES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading, by title, at the meeting of May 12, 1998, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gort, 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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11684. 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: Item 13. Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Second by... Commissioner Regalado: Second. Vice Chairman Plummer: ...Regalado. Anyone wishing to discuss Item 13? Seeing none, read the ordinance. Anyone wishing to discuss —motion understood. Call the roll. 32 July 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 $1,080,000.00, AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading, by title, at the meeting of May 12, 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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11685 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: Mr. City Combo, is this the place you wanted me to bring up the fifty thousand about Gusman Hall? Is it appropriate here or later? Mr. Donald Warshaw (City Manager): Whatever you like, Mr. Commissioner. Vice Chairman Plummer: All right. We did not get it on the agenda because it was very, very late and we've got to keep those doors open. I would ask for a motion and the City, Combo, Chief and Manager has approved it. Is there a notion that we allocate the funds as so designated? Commissioner Regalado: Move it. 33 July 14, 1998 Commissioner Teele: Where are the funds coming from? Vice Chairman Plummer: From Law Enforcement Trust Fund, is that correct? Mr. Warshaw: Commissioner, this is a program for Gusman Hall. This is what the... Vice Chairman Plummer: Off -Street Parking and with Play House. Mr. Warshaw: Film Festival. Vice Chairman Plummer: Yeah. Mr. Warshaw: Right, with the Film Festival, where we have given monies for children to attend the film festival and attend films that were germane to children. We've given this money before. Commissioner Teele: You know, the longer I sit here ... and I haven't been here a year ... the more I realize what a great man Commissioner Miller Dawkins was. This Commission... you know, the games that go on here is enough to make you curse and be profane and I goddamn am not going to take a lot more of this. Vice Chairman Plummer: Sir, if you have a problem with this item, I'll withdraw it. Commissioner Teele: No, I'm going to tell you, I have a problem with the way the games get played up here. Let me be very candid. You all have stolen a million dollars ($1,000,000) out of Overtown to keep the Gusman Theater open. You all have redirected, Christina and you, J.L., redirected over a million dollars ($1,000,000) in funds from parking out of Overtown to keep Gusman alive. The resolution ... I went and got it and showed it to you when I first sat down here because it was so offensive to me as a citizen. Now, its about time ... you know, we've ... we're putting funds in here for emergency lighting, for Morningside, we're putting funds in here for everybody's deal, OK, and I'm serving notice, Mr. Manager, that this City is a City that has five districts, not three, not two, not one, but five. Five districts. Five districts. Now, you all have taken a million dollars ($1,000,000) out of Overtown and ... you know, you all can laugh at this and your aids back there can laugh with this if they want to, but I'm going to tell you, I'm dead serious about this. Now, Law Enforcement Trust Fund money is flowing. You all had the big party out there in December. The money still hadn't been repaid to the Law Enforcement Trust Fund. You know, and I don't know how long ... you know, trash is all over the place. There's no NET (neighborhood enhancement team) office in Little Haiti. I'm about goddamn sick and tired of this. Now, I'm not going put up with this much more. Everybody is pushing their deals through, OK. I'm for Gusman but you got to be fair, gentlemen. You got to be fair. Everybody laughs about the trash all over Little Haiti and Overtown. You said at the last meeting, J.L., oh, I don't see how you can represent the district. It's illegal trash all up and down the street. Illegal trash containers all up and down the street. I've asked the Manager repeatedly, can we put together a task force and deal with this. The problem is this, you all want to take money from here and put there. You're going to take ... at some point you've got to be fair to this entire city, J.L. I have no problems with the fifty thousand dollars ($50,000) going to Gusman. I do have problems with the money that was allocated back in December for the police officers, etcetera. That money hasn't come forward. We don't have the Law Enforcement Trust Fund money for that. You know, and I've been patient. I've asked repeatedly about this. Now, I'm telling you, I sat here for one year. I have gone along. I could not understand why Miller Dawkins would sit back and say the things he says, but I'm going to tell up front, October... September I ... October 1, if you all don't do this City fair, I am going to become a very, very unhappy Commissioner. Because I see the money going out the door and I see the conditions in Little Haiti. We don't even have a NET office. The Herald did a story, what, three months ago about no NET office ... no NET office in Little Haiti. They've been looking for the money, less about (Fifty thousand dollars) $50,000.00. They showed a police ... they showed a picture of a police officer in the back seat of a car writing reports in Little Haiti. I went to a meeting in Northside last week and a white business owner, who owns a lot of apartments, says, Commissioner, I don't see how you can call yourself a Commissioner that doesn't ensure that the people in Little Haiti get the same kind of treatment. We don't even have a NET office there. We don't even have a NET office in Little Haiti. You got police officers doing reports out of the back seat of cars. There's no space for anybody to operate. We've had space there a year ago. That resolution passed this Commission over a year ago. Get a copy of the resolution, Mr. Clerk. In June, Commissioner Carollo passed a resolution, in June, designating Little Haiti area for a NET office and, yet, we don't have the money. We 34 July 14, 1998 don't have money for police officers. We don't have money for anything, except what the deals want to be. And I'm telling you, I'm not going to sit here and go along with this. Fifty thousand dollars ($50,000) of Police Trust Fund money to go to Gusman? Don't have a problem with it. But we got to treat this community fairly. And I particularly am offended when you all redirected over a million dollars ($1,000,000), J.L ... it was your motion that redirected a million dollars ($1,000,000). The motion said to take the money wherever necessary. Get Clark Cook. Get the NET —get the Miami Off -Street Parking Board. They will all tell you that money was redirected by Caesar Odio and Christina for the purpose of keeping Gusman open and raping Overtown a million dollars ($1,000,000). One million dollars (1,000,000) in parking money over a two-year period of time. J.L., if you think I'm not telling you the truth ... if you think I'm overstating it, get Clark Cook on the phone. Vice Chairman Plummer: Sir, I will definitely do that. Because my memory is usually pretty good, even though it's advanced age, but I don't ever remember getting a million dollars ($1,000,000) for Gusman. I wish to God we had. We wouldn't be having the troubles we're having today. Commissioner Teele: J.L., your motion said, get the money from wherever is necessary and by this resolution you're authorized to take it from anywhere. Christina sealed ... I mean, you know, we're not talking about Mr. George Washington or John Madison. She's right here. Christina, you take the mike. You explain what's going on here. Because, see, what I'm trying to show you, J.L., there's a pattern that goes on here and the pattern is ... this is fifty thousand dollars ($50,000) but what everybody needs to understand is that there was a million dollars ($1,000,000) taken and the money has never been replaced. And the problem that I have is not doing this, it's not replacing the old money. The problem that I have is not taking the fifty thousand dollars ($50,000) from Law Enforcement Trust Fund but the fact that we have had activities in Overtown. Those activities have not been reimbursed. We have police officers writing reports in the back seat of cars. That money has not been found. We've been looking for the money to pay for the NET office in Overtown. And, J.L., you know, you always want to cut somebody off but let me tell you something, you run more money out of here than all five Commissioners combined. You take seven hundred thousand dollars ($700,000) last week for the Bayfront Trust; you've taken a hundred thousand for Momingside. I don't have a problem with it. I commend you, sir. I'm not objecting to it. What I'm saying is, you got to be fair. Vice Chairman Plummer: And I have totally concur with that, sir. I would ask... Commissioner Teele: Well, everybody concurs until it's time to write the check, J.L. Until it's time to get the trash picked up. Vice Chairman Plummer: I will ask Christina to go back and pull the record and refresh my memory because I don't recall and we'll discuss it at a later time. Commissioner Teele: No, no, no. No, no, that's not satisfactory for me, Mr. Chairman. Vice Chairman Plummer: When we get the... Commissioner Teele: We're talking about ... we are talking about taking money now and sending it to Gusman. This is a time to talk about Gusman. Christina, do you have a recollection about the money that went out of the parking for Gusman out of Overtown. Vice Chairman Plummer: The million dollars ($1,000,000). Ms. Christina Cuervo (Assistant City Attorney): I have some recollection. And, Commissioner, let me try to recreate what happened. Vice Chairman Plummer: Please do. Ms. Cuervo: The City owned some parking lots close to the arena. Of€Street Parking operated those parking lots for the City. At the same time, Gusman had accumulated a deficit that had accumulated over several years because Off -Street Parking was managing Gusman for the City. And my understanding ... and I wasn't a party to that deal at that time... 35 July 14, 1998 Commissioner Teele: Christina, just correct the record. The lots were owned by the City initially. They were transferred... they were transferred to the redevelopment ... for the redevelopment of Overtown and then you all did not —the resolution was... Vice Chairman Plummer: No, that's not true. Ms. Cuervo: They were owned by the City. Vice Chairman Plummer: They were owned by the City but let me refresh the memory, if I'm not... Commissioner Teele: Let's just talk about the million dollars (1,000,000). Vice Chairman Plummer: All right, you go ahead, talk about the million dollars ($1,000,000) but then I'm going to tell you what happened, all right. Because that was part of the deal with the Heat, that there would not be a franchise without ask ... tell him about it. Commissioner Teele: There would be a franchise without what? Vice Chairman Plummer: There had to be 4500 parking spaces or there would have been no franchise for the Heat. Commissioner Teele: Ain't got nothing to do with the 4500 parking spaces. It's got to do with the million dollars ($1,000,000) of money that the parking spaces generated that was redirected out of Overtown to support Gusman. That's what we're talking about. Vice Chairman Plummer: Then go ahead, Christina. Commissioner Teele: I don't have a problem with the 4500. What I have a problem with is, that there's never any money to deal with the problems in district ... in the district where the funds are being generated. And how in the name of God can you justify taking money out of Overtown, putting it in Gusman theater and not reimbursing the money? You got the highest unemployment ... I just saw a story today in the paper. The Governor of Georgia, everybody says he's a great Governor. Seventy-seven percent acceptance. Unemployment in Georgia is 3.8 percent. Doing a great job. Unemployment in Overtown, statistically, is at 20 some percent and really it's at 40 some percent. And how in the name of God can you justify taking that kind of money out of Overtown and then coming back and adding another fifty thousand dollars ($50,000)? Vice Chairman Plummer: OK. I will only, for the record, indicate that the City Manager today issued to each one of us a appointment of certain individuals for a Citywide lot clearing program, including District 2. And I ask the City Manager, if it was possible, that I would like to serve on that committee and he said he thought that it was and I would be a member of the committee, which is now going to address citywide lot clearing in District 2, as well as the other districts. I would ask Christina to please come back and give me more details in reference to the million dollars ($1,000,000), which I don't recall. If you find, Mr. Teele, that you wish to withdraw the fifty thousand dollars ($50,000) to Gusman Hall, we will do so immediately, sir Commissioner Teele: J.L., I don't have a problem with the fifty thousand. Vice Chairman Plummer: OK. Commissioner Teele: What I have problem with, is that you keep taking money but you will never reimburse and return the money that has been taken out of these communities. That's all that I'm saying. Vice Chairman Plummer: OK. Commissioner Teele: Get us the million dollars ($1,000,000.00) back. Vice Chairman Plummer: All right. Mr. Manager, you have heard ... once it is justified by Christina... if, in fact, it is money that is due and owing to District 2 in Overtown, sir, I would fully expect you to pay it. All right? Now, the fifty thousand to Gusman is there any further discussion? Sure enough. Then I would ask, all in favor, say "aye." Opposition? 36 July 14, 1998 Mr. Walter Foeman (City Clerk): I need a seconder. Vice Chairman Plummer: Second was... Commissioner Gort: Second. Vice Chairman Plummer: Second by Gort. OK. All right. We're now up to Item 14. Commissioner Gort: Let me ask ... Mr. Vice Chairman, wait a minute. Before we go on. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: I have a little question. I think we need to clarify. I believe, if we can find the funds in ... I was not aware that we don't have a NET office in Little Haiti. Mr. Donald Warshaw (City Manager): We do have NET. Vice Chairman Plummer: Well, I thought Fettie was the Chairman up there and he's not been replaced, is that the problem? Commissioner Gort: Excuse me. Mr. Warshaw: Commissioner, there is office. The problem is, it's inadequate, as many of the NET offices are. There was a donated piece of space that created some parking problems, as well as the need to do partitioning and a whole bunch of interior work and there was no money set aside in this year's budget for any of the expansion or building out of any of the NET offices. That's the problem. Commissioner Gort: I understand. Well, my question now is, can those same funds that are being utilized for Gusman, can be utilized for that type of.. Mr. Warshaw: Probably not because these funds are being used for a program that, under State law, allows us, as crime prevention money, to give a certain percentage. Commissioner Gort: I understand. But in the NET office, can we have a program there where we take care of the kids and the juvenile delinquents and so on? Mr. Warshaw: You can have a program, crime prevention program, as we do in many of the communities. Commissioner Gort: OK. Mr. Warshaw: But for the building out of an office, we'd have to find General Fund or some kind of capital monies and that's something that's going to be a challenge for the next budget year. Commissioner Gort: If we do the construction with people at risk ... or people that come out of jail and they are on parole, that could be used. Mr. Warshaw: Absolutely. Commissioner Gort: So what ... I think what we're hearing is, let's try to find ways so we can utilize the funds and get things done in the different neighborhoods. Vice Chairman Plummer: OK. Also, I would like ... Mr. Teele, I'd like to make mention to you, sir, after the Town Hall meeting last night in the northeast, the people, when I told them up there about the illegal trash dumping that is occurring so badly in the City of Miami, estimated at sixtyfive thousand tons, I told them about Fort Lauderdale had put into a program that anyone caught doing that was put in jail and, overwhelmingly last night, they want to know when the City of Miami is going to do it. Mr. City Attorney, sir, I sent it to you for the purposes of coming back to this Commission with an ordinance related to illegal dumping. Obviously, similar to Fort Lauderdale. What they're doing in Fort Lauderdale seems to be 37 July 14, 1998 working. And we are continuously ... and I brought to the City Manager, right in my particular neighborhood, a block from my house, there are over a hundred tires that was dropped over there eight days ago. The trash was there. I went by yesterday morning. The asbestos out of some house is as high as the trees. I spoke to somebody Saturday in the Sanitation Department, who promised me it would be taken care of. As of this morning, Adrienne, it's still there. OK. So I'm saying to you that ... Mr. City Attorney ... we need to get tough and damn tough on these people that are doing a three and a half million dollars ($3,500,000) illegal dumping in the City of Miami. The next item is Item 14. Commissioner Gort: Mr. Chairman, before you go on. On that particular item, I've had problems. In all our neighborhoods we have those problems. I think your NET office know where this illegal dumping takes place because it's always on the same site. The thing is, that it takes place after six or seven o'clock on weekends. We need to establish some kind of surveillance during those hours or we'll never catch the people. And I assure you, once we start catching people and putting them in jail, people will learn, you can't do that in Miami. Vice Chairman Plummer: I think we ought to remind the Police Department that their raises could be predicated on the amount of money we save. Commissioner Teele: Mr. Vice Chairman, I don't object at all to putting people in jail but I got to tell you, what we need to focus on is stopping the illegal dumping. The problem is the NET offices and Building and Zoning. I called Chief Warshaw this morning at 8:30 and said, Chief, right in Overtown are illegal construction containers, not just one. They're all over the place. They're no -named containers, full. See, this trash doesn't just appear overnight. The problem is, we have construction companies and people, particularly in the poor areas, that are doing reconstruction and construction. They collect this stuff. They put them in receptacles. They wait until the cover of night and then they go dump them. I mean, you know, we need to focus in ... somebody needs to sit down and say to the Building and Zoning Director, when you all go in and do inspections of property, you need to inspect the receptacle. And if the receptacle doesn't have a name on it, like BFI (Browning & Ferris Industries) or Clean Tech or whomever else, there is a 50150 chance that this is just a receptacle that the contractor is going to call his cousin tonight to pick up and dump it. And we had a NET director ... I guess it was in the Little Haiti area ... where they caught people dumping in the Miami River a couple of weeks ago. But this is a very real problem but it's not going to go away... and it's sort of like arresting johns. I mean, I'm all in favor of arresting johns but that ain't going to clean up the prostitution. It's all right to arrest people that are illegal dumping. I support it. But what we need to do is get at the root causes and the root causes are a lack of NET supervision and Building and Zoning supervision in construction sites and in these commercial properties. And as we raise the fire fee, what happened is, the marginal buildings basically authorized people to go illegal. If you look at these storm drainages, some of them are choc full of garbage from homes and apartments. Did you know that, Adrienne? Ms. Adrienne Macbeth (NET Director): Yes, I do, sir. Commissioner Teele: You're aware of that? Ms. Macbeth: Yes, sir, we are. Commissioner Teele: Because people are creating a place to get rid of their trash because apartment owners —some of the apartment owners are no longer providing that service. Again, Mr. Manager, you know, we got a problem. Mr. Warshaw: Commissioner, I know you don't want to hear me say this again but I'd like to. I know that there's a problem with NET and without going into all the details now ... because we have a lot of very good NET administrators and some good NET offices. But the fact of the matter is, there has been a deterioration of the basic service delivery that NET is responsible for and I told you I am committed to get it fixed up but. Commissioner Teele: But, Chief, that's not my issue and not my problem. Let me tell you what my problem is. I don't do personnel. My problem is, has the Manager, has the Interim Manager sent out one memorandum, sent out one directive, has the Manager or the Assistant Manager brought in the NET administrators and said, let us begin to tighten up on this illegal garbage ... on the illegal dumping? Have we began a process? We've been chasing this garbage stuff for six months and no NET ... I mean, it's all over 38 July 14, 1998 the place. We don't have time for that. We have to worry about all the other big issues that the City chooses to focus on. But what I'm telling you, Chief Warshaw, that the number one problem in the district I represent is not crime right now. It is illegal dumping trash and garbage pick-up. Vice Chairman Plummer: OK. Mr. Warshaw: I understand. Commissioner Regalado: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Regalado. The only question I want to know is what Commissioner Teele had for breakfast because I want to make sure I don't eat any of it. Mr. Regalado. Commissioner Regalado: You know, one of the priorities of the new Manager are the NETs...and we have to commend him for that because that's the first line of combat of the City of Miami. I will tell you, however, that in the past era of the different form of government, I was put in charge of NET, so I know every NET in the City of Miami. And I will tell you that I have lived like you all through the crisis that this City has had and the problem that I see with the NETS, Mr. Manager and members of the Commission, is that when we began this spin of the economic crisis, the NET administration thought that their job was to raise money for the City of Miami. We have all the Fire Department out there looking for illegal units. We have all the NET inspectors looking for everything that they can get their hands on. And the culture of making money supersede the culture of serving people and 1 believe that the priority ... I mean, we don't have several millions of dollars now to bring the best and brightest throughout the United States to serve in the NET. What we have in the NET are good people, but we have to change their attitude and their culture, specially their culture. We don't need to have a NET inspector going around private property looking for commercial signs because there is an old ordinance back 40 years ago and that we can charge these people that are advertising, that have signs in commercial properties, about 10 or fifteen dollars ($15). The problem is that this NET inspector should be looking for the illegal dumping, the graffiti, the needs of the people because quality of life is the priority and should be the priority of the NETS and not being in the money -making business. I will tell you, Mr. Manager, that I know that the NETS work very hard but I will tell you also that we have to change the culture; that we have to tell them that, yes, it's good to bring money to the City but we don't have to go to extremes to bring money to the City and that we have to prioritize our needs and to watch illegal dumping is more important than to go looking for an illegal sign, commercial sign or illegal addition to fine people. So I just hope that when you start looking into NET ... and I know that you have ... you would bring, like Commissioner Teele says, those NET directors and tell them, look, our priority is to clean the city. Our priority is to get rid of the illegal dumping. You know, direct all your effort and all your enthusiasm not to make ten dollars ($10) for the City. We need it. But the quality of life is more important than the money -making operation. Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I'm not going to dispute the fact that illegal dumping is a problem ... we all know that —in everybody's district. But I tell you this much, we need to utilize all the resources we have to combat that and I'll tell you, most of the illegal dumping, especially the tire dumping, is being done at night. And I see it underneath the overpass of 91 st Avenue there in the roads, where they constantly dump the tires there. Vice Chairman Plummer: First Avenue. Commissioner Sanchez: First Avenue. One thing is ... you know, the NET office...and I can't speak for all of them, but I could speak for the ones in my district, which I've had the opportunity to visit and see ... some of them are understaffed in a way. They have the inspectors and everybody out there working and then we can't blame the NET administrator when we have people that live in our community that think that, you know, trash is being picked up every day. I passed by, when I make my runs, and there's trash in front of people's houses every day. It's like we pick up the trash everyday. People need to realize that we pick up the trash on Tuesdays and Fridays on whatever days fall on the schedule and they need to be a little cooperative in keeping our city clean. I'll tell you this much, yesterday on 8th Street, I assisted the NET office pressure clean from 17th Avenue to 12th Avenue. Basin is a great organization. It was out there helping me. And I wish that we had more citizens in our city that took pride in keeping our streets ... yes. Is it a culture issue? Absolutely. But then, again, is our constituents faults that sometimes, when you have 39 July 14, 1998 trash in your hand, you almost have to walk a block, sometimes two blocks, to find a trash can? No. That's the City's responsibility. So that's what we need to do. We need to utilize all our resources, including the City of Miami, the people that live in this city, which is a beautiful city and let's keep it that way. That's the only way we're going to fight this. The illegal dumping at night, the NET offices and whoever is in charge of that, should be participating in that. But the Police Department should also concentrate on that. When they're patrolling at night, you know, find out the trucks that are driving at two o'clock in the morning. You know, find probable cause to stop them. If they got tires in the back of the bed or whatever, the truck, you know, build a case on it. try to get ... and, you know what, we should get tough on these crimes. You're absolutely right. Take them to jail, confiscate their cars, suspend their driver's license. Let's get together and work with the Department of Highway Safety Motor Vehicle, try to pass some legislation, laws in Tallahassee. That's the only way we're going to stop illegal dumping. Vice Chairman Plummer: Mr. City Manager, I would like to have you commend, through Mr. Gort. On Saturday I had the pleasure, in my district, of attending something put together by DDA (Downtown Development Authority) and the three hotels. The Doubletree, the Marriott and the Crowne, which is now called Wynhand. There were over 300 volunteers who came down there with garbage bags. The Sanitation Department did a fantastic job. They had their people down there. They had all of their equipment down there and they had three groups. One went north to Margaret Pace Park. One went south to Bicentennial and the other one went over as far as Northeast 2nd Avenue. And I want to tell you, they did an unbelievable job and I would ask you, Mr. City Manager, at the next Commission meeting, through the Mayor's office, to have certificates of appreciation for the three hotels and invite them here. I brought it up last night at the Northeast Town Hall Meeting and I'm urging them to do the same thing, to show that they are participating. Mr. Manager, I'll go one step further and I'll quit on this issue. And that is, one of the best things that I ever saw that worked in this City is the Fire Department, in which they became a group of people who went out and did house by house by house, lot by lot by lot and they wrote up violations. Yes, they had more work than the Code Enforcement Board never really does but did. And I strongly suggest, sir, that you get somebody in the Fire Department to bring you up as to what happened, what could happen, do it again and I think it will be extremely beneficial to this City. The firemen did it because they wanted to do it and I think that's important. I am told, Mr. Clerk, that we did not vote on the Gusman issue. Mr. Foeman: That's correct. Vice Chairman Plummer: All in favor of the Gusman issue, say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? 40 July 14, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-685 A RESOLUTION AUTHORIZING FUNDING OF THE FILM SOCIETY OF MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $50,000.00, AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 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.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: We'll now move on to Item 14. Item 14 is in relation to garbage and trash. Is there a motion? Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Regalado, Teele and Sanchez. Read the ordinance. Anyone wishing to discuss Item 14? Let the record reflect no one came forth. Call the roll. An Ordinance Entitled - AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND TRASH", BY PROVIDING FOR NEW DEFINITIONS; PROVIDING FOR NEW REGULATIONS CONCERNING THE DISPOSAL OF TRASH; CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES; MORE PARTICULARLY BY AMENDING SECTIONS 22-1 THROUGH 22- 6, 22-8, 22-9 AND 22-12, 22-14, 22-18, 22-46, 22-51, AND 22-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 41 July 14, 1998 Was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was passed in first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Vice Chairman Plummer: Item 16 is a sale of the property at Jackson Memorial Hospital, the corner of 12th Avenue and 20th Street. Is there a motion? Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Commissioner Regalado: Second. Vice Chairman Plummer: Seconded by Regalado. Is there any discussion? Commissioner Regalado: Yes. Vice Chairman Plummer: Discussion. Mr. Regalado. Commissioner Regalado: I have a question, not about the sale of the property. I have a question about the money. We're selling this property for approximately one million dollars ($1,000,000), is that correct? Vice Chairman Plummer: Correct. Commissioner Regalado: We just finished Winn Dixie sale for five million dollars ($5,000,000). Vice Chairman Plummer: A little bit more. Commissioner Regalado: Or we got a check ... maybe more. My question is ... I know that we have signed an Interlocal Agreement with the Oversight Board. I know that we're in need of having reserves but I don't know if there is a way...for instance, if we sell this property and we get a million dollar ($1,000,000) check, can we use that money for major overhaul of the NET (neighborhood enhancement team) system and a clean-up operation of...approximately a 90-days emergency clean-up operation of the City of Miami? Because I remember that when we had this crisis, we used some CDBG (Community Development Block Grant) funds for the street sweeper problems, that everybody now loves, so I'm wondering, Mr. Manager ... I know that we have to have reserves but I ... there's got to be a way that we could use some of this money and we don't have to go beg you and beg everybody to fix a NET office somewhere. Vice Chairman Plummer: OK. Mr. Donald Warshaw (City Manager): Commissioner? 42 July 14, 1998 Vice Chairman Plummer: Did you want to an answer? Commissioner Regalado: Yes. Vice Chairman Plummer: Oh. Mr. Warshaw: This million dollars ($1,000,000) is contemplated in the fiscal year 1998 budget, this year's budget; however, I will look and, if you'd like, bring back to you this afternoon some of the other sales that have gone into reserve and the possibility of finding funds to either build out or clean up some of the current NET offices. But this million dollars ($1,000,000) is part of this year's budget. Vice Chairman Plummer: Mr. Cox. Mr. Charlie Cox (President, American Federation of State, County and Municipal Employees): Yes. I want to let you all know that your... Vice Chairman Plummer: Charlie Cox. Mr. Cox: Charlie Cox, President of AFSCME, Local 1907, 4011 West Flagler Street. I want to let you all know that you're selling the last piece of property on 20th Street that used to house all of our employees. Now our employees are probably going to go back in trailers some place and be expected to do the work, to set up here and take your harassment that the jobs aren't getting done. The carpenter shop is going to be gone; the plumber's shop is going to be gone; our one air conditioning man shop is going to be gone; our one plumber's shop going to gone. We have sold every bit of that property that used to house the Parks Department, Property Maintenance, the Garage, the Motor Pool for police and now these people are going to go back to being homeless again. The Parks Department was put over to where the Winn Dixie site is on a temporary basis and then moved into Property Maintenance. Now, you're saying you're going to use all of this money but don't come back and say that they can't get the work done when they don't have a shop or the tools to do the work with, is all I'm telling you. Vice Chairman Plummer: Mr. Manager, you or Dena can speak to the issue raised by Mr. Cox. Ms. Dena Bianchino (Director/Planning and Development): We have made an arrangement with Jackson, whereby we have a minimum of nine months to remain on the property. During which time we will come up with a plan for the relocation of the facilities thereon. We also have already started a process, hiring an outside architect to come up with a plan for these people. Commissioner Teele: Mr. Vice Chair? Mr. Cox: You know, we keep going to outside to run this City. Vice Chairman Plummer: Mr. Teele. Woe, woe, woe. Commissioner takes precedence. Mr. Teele. Commissioner Teele: I have two questions. Where were you, Mr. Cox, when the City put this property on the for sale list? Did you object at that time? Mr. Cox: Yes, I did. Commissioner Teele: How long ago was that? Mr. Cox: Oh, they put this one up years ago. They've been putting all the property... Ms. Bianchino: No, no, no. Vice Chairman Plummer: No, not this one. Ms. Bianchino: It was declared... 43 July 14, 1998 Mr. Cox: No, this one was in the original plans back when Caesar was here with Miami Stadium and one of the things they were looking at was moving all the shops over to Miami Stadium. Commissioner Teele: OK. Let ... you've answered the first question. Mr. Cox: And I also objected when they had the Parks Department in trailers over there, that they then moved... Commissioner Teele: OK. Thank you, Mr. Cox. Mr. Cox: Yes. Commissioner Teele: Let me try to understand. What's the plan? Ms. Bianchino: The plan is that we had already started analyzing the needs of the groups that are occupying that facility. Commissioner Teele: In other words, we put something out for sale and we don't have a plan really? I mean, we don't have plan for this, for these people and all that right now, today? Ms. Bianchino: No, sir. Mr. Juan Pascual (Director, General Services Administration): Commissioner? Commissioner Teele: I'm not voting for it. I mean, that doesn't make sense. Vice Chairman Plummer: All right. Anyone else wishing to discuss... Mr. Pascual: If I can just respond as far as it pertains to GSA (General Services Administration) and Property Maintenance and Charlie's concerns. We've been meeting over the last several months with the Fire Chief. There is space available over at the fire garage and we're in the process of moving our Communications Division, which was at old motor ... at the old motor pool site and now it's at GSA, the main heavy equipment garage. They're going to be moving to the fire garage. We're going to freeing up space. There is impact fee funds in CIP (Capital Improvement Projects) projects to make improvements to the site to adequately provide storage for our stock room and all those employees from Property Maintenance Division will be incorporated into the GSA garage site. They'll have a carpenter shop; they'll have adequate space; they'll be using the locker room facilities, which we have there and we will be making improvements and expansions to that site, as well as parking accommodations. Vice Chairman Plummer: What happened to the idea of moving the Fire Administration to the fire college and freeing up more space in MRC (Miami Riverside Center)? Mr. Warshaw: What happened to it is, it just never happened. I mean, I don't know the... Vice Chairman Plummer: Why? Mr. Warshaw: I don't know. I can't answer that. Vice Chairman Plummer: OK. Commissioner Teele: If I may, Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Juan, I mean, this really isn't fair to the workers. I mean, you wouldn't ... I wouldn't want the City to sell my office space and then for us to start a discussion after the sale about where we're going to be and all that. That doesn't build morale. That doesn't build esprit. That doesn't build a sense of commitment to the City. What you're telling me about CIP (Capital Improvement Projects) monies being available and all that, just underscores the fact that right now, today, we're being asked to approve a sale but 44 July 14, 1998 we don't have a specific plan. We don't have a place for these people to go. We're talking about what we're going to do between now and nine months to find a place for them and I just would hope that you and the Manager would not put the City in that kind of a position. I mean, if we've got property... Vice Chairman Plummer: Mr. Manager, I think... Commissioner Teele: Yeah, Mr. Manager, I would like to know the truth, so if somebody's going to tell truth... Vice Chairman Plummer: Yeah, lefs... the truth, the whole truth and nothing but the truth so help me God. Dena. Ms. Bianchino: This issue has... Commissioner Teele: Please, please. But, I mean, this isn't about the Commission now, in all fairness. And I heard Mr. Cox talks about how the Commission beats up on their employees, which I don't really necessarily agree with. The fact of the matter is, this is about the employees. And everyone of those men and women are entitled to know where they're going to go. This doesn't build their esprit. This doesn't build their morale. Vice Chairman Plummer: Dena. Wait a minute. Commissioner Gort: Mr. Vice Chairman. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: My understanding, when we first sold the first property with ... there used to be a garage there and there used to be the communications office ... there was a plan that was shown to us how all that was going to move to the garage on 20th Street and where they're going to be built and where it's going to be placed. There was a plan that was presented to us as an alternative. The problem is, I don't think that has ever been implemented. Mr. Warshaw: That plan goes back several years because I was here when that was talked about. Commissioner Gort: Right. Mr. Warshaw: About three years back. Commissioner Gort: So the problem that we have... Vice Chairman Plummer: Well, you know, we can simplify... Commissioner Gort: Excuse me, J.L., I haven't finished. The problem that we've had, we sit here, we take the position based on information given by you all and then the gap that exists, the gap time that exists between decision and implementation is so long that it doesn't work. We need to somehow... Chief, and you've been doing great job on that ... is to make sure that we... that gap gets narrowed quite a bit because that's the problem. We make decisions up here, thinking things are going to happen and then, three months later, we call ... well, somebody's on vacation so we can't get it done or something happened. We need to expedite it, our transaction. Mr. Warshaw: Commissioner, I'd just like to respond. Say, I don't want to do what Commissioner Teele said was probably going to happen, when I was named interim, which is to blame things on the other guy. Vice Chairman Plummer: There is no such thing as interim. Mr. Warshaw: But the fact is, this goes back and it was contemplated in this year's budget and you're probably right, there was no plan until such time as this is sold and then, once it happens, there's a nine month cushion based on us paying a dollar a month for this property for us to go out and now find another home and you're a hundred percent right, there is not a firm plan. Now, there obviously needs to be a home 45 July 14, 1998 for these workers and employees and it's something that now we're having to deal with. Vice Chairman Plummer: You know, we can simplify this without all the editorials, all right. Mr. Manager, I direct you, as Vice Chairman, if I have that authority, on September the 22nd to come back to this Commission with a plan of what you're going to do to accommodate these people who will be displaced and this Commission will make a decision, yes or no, OK? And, I mean, that's the way to do it, as far as I'm concerned. We can talk all day but let's get a definite time and a definite date, at the latest September 22nd, that you come back with a plan. This Commission will agree or disagree with you. Now, is there any more discussion on Item 16? Better quit when you're ahead. Ms. Bianchino: No. The issue is, are you going ... if we don't approve the sale... Vice Chairman Plummer: We are going to approve. Ms. Bianchino: Never mind. Vice Chairman Plummer: I think ... let me tell you, I've worked awful hard on this, Dena. Ms. Bianchino: I know you have. Vice Chairman Plummer: And I want you to know we need a vote of thanks to Dena; to Ira Clark at Jackson Hospital, and Mr. Jay Wise on the Public Health Board. Now, it's up to this Commission what you want to do, but I think that if we lose this sale...I want to be honest with you —there's no other buyers out there for this piece of property, OK? Now, is there a motion on the 16? Commissioner Regalado: Yes. The Clerk: Yes. We have a mover and a seconder. Vice Chairman Plummer: OK. There is a motion and seconded. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: You gave instructions to the Manager. I would hope that you would include in your instructions to the Manager or, if not, I would specifically ask that someone from the Manager's office or the Department Director meet with these employees and assure them and tell them what we're doing. I mean... Vice Chairman Plummer: So included. Commissioner Teele: I think that's very important. Vice Chairman Plummer: Call the roll. I'm sorry, it's a resolution. Anyone wishing to vote in the negative on Item 16? Show a unanimous vote. The Commission (Collectively): Aye. 46 July 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-686 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE SALE OF SURPLUS CITY -OWNED REAL PROPERTY WITH IMPROVEMENTS CONSISTING OF APPROXIMATELY 1.998 ACRES, LOCATED AT 1975 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, COMMONLY KNOWN AS THE PROPERTY MAINTENANCE SITE (THE "PROPERTY"), AT A SALE PRICE OF ONE MILLION DOLLARS ($1,000,000) ON AN "AS IS" BASIS AS TO ALL PHYSICAL AND ENVIRONMENTAL MATTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH THE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THEREBY PERMITTING THE CITY TO CONTINUE THE USE AND OCCUPANCY OF THE PROPERTY POST CLOSING FOR AN INITIAL TERM OF SIX (6) MONTHS, PROVIDING FOR NOMINAL RENT AND SUCH OTHER TERMS AND CONDITIONS AS MAY BE ACCEPTABLE TO THE CITY MANAGER; DECLARING, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AN EXEMPTION FROM THE RESTRICTIONS OF SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH REQUIRES AN ANNUAL PAYMENT EQUAL TO AN AMOUNT THAT THE CITY WOULD HAVE RECEIVED AS AD VALOREM TAXES. (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 Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 47 July 14, 1998 21. APPROVE SALE OF SURPLUS CITY-OWNEDPROPERTY (FORMER PARKS ADMINISTRATION BUILDING) LOCATED AT 1348, 1358, 1390 NORTHWEST 7 STREET — FOR $256,000. - ACCEPT BID OF ANTONIO 1. CARDONA, MD. Vice Chairman Plummer: Item 17. Ms. Bianchino: It's withdrawn. Vice Chairman Plummer: Again, another piece of property. Commissioner Teele: So move. Ms. Bianchino: Withdrawn, withdrawn Vice Chairman Plummer: Seventeen is withdrawn. OK. We now move on to 18. Ms. Bianchino: It's the property of the located at 1348, 1358 and 1390 Northwest 7th Street. Vice Chairman Plummer: Thank God. Commissioner Gort: Move it. Vice Chairman Plummer: All right. Moved by Mr. Gort. Seconded by Mr. Regalado. I want to tell you in the appraisal, I want you to make sure that it's understood, the appraisal is wrong. The appraisal was done on 1348 Northwest 7th Avenue by the cover sheet. I would hope that you would make sure, for the long term record, that it is corrected. Is there anyone wishing to discus Item 18? It is a resolution. It is duly moved and seconded. Anyone wishing to vote in the negative? As such, it is approved unanimous. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-687 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE SALE OF SURPLUS CITY -OWNED REAL PROPERTY WITH IMPROVEMENTS CONSISTING OF APPROXIMATELY 26,200 SQUARE FEET, COMMONLY KNOWN AS THE FORMER PARKS ADMINISTRATION BUILDING, LOCATED AT 1348, 1358, AND 1390 NORTHWEST 7TH STREET, MIAMI, FLORIDA; ACCEPTING THE BID OF ANTONIO I. CARDONA, JR. M.D., IN THE AMOUNT OF TWO HUNDRED FIFTY-SIX THOUSAND DOLLARS ($256,000); AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 48 July 14, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 22. APPROVE ';SALE OF SURPLUS CITY -OWNED PROPERTY (BOBBY MADURO STADIUM) LOCATED AT '2301 NORTHWEST 10 AVENUE — FOR AFFORDABLE HOUSING — FOR $2,000,000.00 — TO ST. MARTIN AFFORDABLE HOUSING LTD. Vice Chairman Plummer: Nineteen is the BobbyMaduro Stadium. Is there a motion? Is there a motion? Commissioner Gort: My understanding... Vice Chairman Plummer: I'm sorry? Commissioner Gort: This is about a million dollars ($1,000,000) above than we were expecting? Ms. Bianchino: It's one point one million dollars ($1,100,000.00). Vice Chairman Plummer: Excuse me. Is there a motion before discussion? Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Commissioner Regalado: Second. Vice Chairman Plummer: Seconded by Regalado. Under discussion. Mr. Gort. Ms. Bianchino: Commissioner, it's one point one million dollars ($1,100,000.00) above the minimum bid. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: As a Commissioner, may I inquire of the Commissioner whose district... have you reviewed this transaction? And I really want to understand one thing. Does this provision have any type of clause in it that will prevent them from coming back and asking for grant money? Do we anticipate they will or won't? I mean ... because, you know, the City of Miami, over the years, has developed this problem and, you know, there appears to be a handful of people who know exactly how to milk this City down for every grant dollar they can get theirs hands on. Now, I want to make sure that this is an arm's length deal. Vice Chairman Plummer: Well, you can so stipulate it. Excuse me. He can so stipulate it. Commissioner Teele: Well, I'm trying ... I want to get all the facts. You see, sometimes what happens is the staff knows and we don't know and we're voting on this and a million ... this is a two million dollar ($2,000,000) deal but if they come back and ask for a five million dollar ($5,000,000) grant... Vice Chairman Plummer: Can you answer the question, Dena? 49 July 14, 1998 Ms. Bianchino: Yes, sir. There is no stipulation that they cannot come back to the City for subsidy. The problem is that they're paying fair market value for the land and most of the subsidizing agencies, including the County and the State of Florida, will not approve funding for a project, unless the City participates to some degree. By excluding the City from participating, we are severely hampering the developer's ability to develop this property. Vice Chairman Plummer: Maybe that's what he wants to do. Commissioner Teele: Yeah, but see, that's what I'm saying. If this is not a real deal ... if, one hand we're going to get two million dollars ($2,000,000) and then were going to give a grant next year for three million dollars ($3,000,000), I got to tell you, you know, that's not what it is and this... Vice Chairman Plummer: Simply, put it in. Commissioner Teele: This agreement should have stated very clearly that, for some period of time, the City... Vice Chairman Plummer: So inject it. Commissioner Teele: I would provise that there will be no City -administered grant funds to flow to this project for a minimum of two years and at such time there is a grant request, that it must be a part of a public hearing. Vice Chairman Plummer: Of course. And that is a friendly amendment. Mr. Vilarello: This is a sealed bid that was ... that condition was not included within the terms of the bid. Vice Chairman Plummer: That's fine. You're going to throw the bids out then. Don't argue with the Commissioner. The Commissioner feels very strongly that should be a part of the... Commissioner Teele: What I'm saying, J.L., it's not that. What I'm saying is, if that's what they plan to do, then we need to know what they're doing. And we don't need to impregnate ourselves with a five million dollar ($5,000,000), six million dollar ($6,000,000) commitment... Vice Chairman Plummer: And I concur. Commissioner Teele: While we think we're doing the tax payers a good job and we wind up next month learning that they're coming in the next door for three million dollars ($3,000,000) or four million dollars ($4,000,000). I mean, you know ... and I said that when this item came up, Dena. If you go back and check the record, I said when this item was first put on the agenda, there needs to be a proviso that we're not going to subsidize this, unless its available to everybody. And what's this going to turn into is agrantsmanship deal unless you put that proviso in. Vice Chairman Plummer: Well, here we are. Mr. City Attorney, there are two votes up here, at least, of the feeling that if this is a clean deal, it's a clean deal and there should not be subsidy. It should not be off of the tax rolls and, as far as I'm concerned, I don't have any problem with injecting five years into it. You can only do so much. Commissioner Teele: J.L., I don't want to characterize this as being a clean versus an unclean deal. All that I'm saying to you, respectfully is, if the staff knows ... and I don't know what the staff knows. I've not discussed this. If the staff has reason to believe that this is going to be a deal whereby, on one hand it looks like we're receiving two million dollars ($2,000,000) but they're going to come through the door in six months and ask us for three million dollars ($3,000,000), then what I'm saying is, is that we need to know that when we approve this deal. Otherwise, what I'm asking ... what I'm requesting, respectfully, is that there be a stipulation that there be no grant requests for this for three or four years or two or three years. Now, see this is the problem, J.L ... and let me tell you what the problem is. Vice Chairman Plummer: Legally, can we do it? 50 July 14, 1998 Ms. Bianchino: No. Commissioner Teele: Legally, we can put anything we want to. They don't have accept. Ms. Bianchino: We have to rebid it. Vice Chairman Plummer: He's talking about a sealed bit. That's why I'm asking... Commissioner Teele: They don't have to accept a term and condition, if we... Vice Chairman Plummer: Mr. City Attorney, would you give us a legality? Mr. Vilarello: When and if a grant application comes before this Commission, the Commission has the discretion... Vice Chairman Plummer: No, no, no. No, no, no. The question is ... please answer the question. Mr. Vilarello: This was not a condition... Vice Chairman Plummer: The question is, can Commissioner Teele inject into the motion that this not be a grant for two years? Can that be done, yes or no? Mr. Vilarello: In my opinion, it was a sealed bid that was not a condition of the sealed bid and, therefore, they would have the right to reject such a condition if we were to impose it. Vice Chairman Plummer: And we have the right to reject the bid? Mr. Vilarello: Well, that, in effect, rejects the bids and requires arebidding. Commissioner Teele: Well, let me ask a dumb question. Is there anybody in the management of the City of Miami know whether or not this bidder plans to come in with a grant request? I mean, since the City doesn't seem to be able to communicate with each other or the departments can't communicate. Mr. Jeff Hepburn: Jeff Hepburn, Assistant Director for Housing. There was a meeting held about three or four weeks ago with a developer. They came in basically to investigate the possible funding that is available under our home program, CDBG and SHIP Program. Vice Chairman Plummer: Well, I hate to interject this... Commissioner Gort: Let me ask... Vice Chairman Plummer: But I got to tell you the truth, all right. I had somebody who was interested, who didn't qualify because they were after the bids had closed, who doesn't look for subsidy, doesn't need subsidy and wanted to be a bidder and could not bid because they had already closed. So you take it for what you want but, as I see it right now, according to rule of the City Attorney, we either accept it as it is or we throw the bids out. Now, that's the way I see it. Mr. Warshaw: Commissioner, if they come in for subsidy requests, you have the right to reject them. That's not a condition of a sale. Vice Chairman Plummer: You know, you're right but there's certain things, like Poinciana Village downtown, OK. Let's remember Poinciana Village and use that to make sure that we don't make the same mistakes again. Now, Mr. Teele, as I understand it, it's simple. We either accept what's on before us or we reject the bids. Commissioner Teele: And I yield...I'm going to support the Commissioner who represents this district, but I want the Commissioner to know, Commissioner Gort, that I don't think, if they come back with a grant request, that their grant request should necessarily receive the top consideration. I mean, what happens is, we wind up putting competition for our own dollars at risk and I'm not against it. I won't be against the grant 51 July 14, 1998 request. What I'm saying here is, we need to know what we're doing and we need to be able to consider the policy implications when we make this vote. Vice Chairman Plummer: And I think that in the future that ... I would hope that Property Management would recognize that and so include it in the bids or in the RFP. OK. Off the nickel. Commissioner Gort: Can I talk now? Vice Chairman Plummer: You can talk all you want, sir. Commissioner Gort: Thank you. Appreciate it. The one thing we all have to understand in that neighborhood, there's no one that can come in and build without subsidizing. It does not exist and we all know it. That property's been on the market for quite a bit. Nobody has been able to come in and put a bid for it. If you all recall, this Commission, about two years ago, was willing to give it to a group, CDC. They were going to come up with a plan. They never came up with a plan because they were not able to secure the finance. I understand what you're saying. I'm opposed to a grant. Now, you're saying grant. Is there a difference between a grant and loans? Because my understanding, in this business, when you want to build affordable housing, you have go ... to make it affordable, you have to go through several components. You have to go to the State, to the County. And then, most of the time, they do ask for some kind of agreement with this within the City. The City, in the past, has been able to give money to buy the land and to give more additional loans to build a building itself and this is what we need to look into. Do we want houses to be built in there or if we want to say no, let the private sector come in. Whenever they come in, if they would come ... but if they don't, in the meantime I'd like to have that place fixed up because that place looks like hell right now. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: What I'm saying is, Teele, do you have any problem with loans? And what we can do is, make that a percentage of the total and that can assure the City get its fair share and I know what you're saying. Commissioner Teele: Yeah. I respect the City Attorney's opinion, that maybe we shouldn't add a lot on this that was not in the bid document, but I just think that we, as a policy body, need to understand and we need to know ... we need to apprise each other of what's coming down the pipe and how this stuff generates. I respect you very much and I real realize this has been an eyesore. I think this has been a real problem but ... and I also realize that we have an obligation under our Five -Year Plan to try to move as much municipal property on the tax rolls as possible and the only thing that I want to be very clear on is one, that this document or ... this will close when? Ms. Bianchino: Before September 1st. Commissioner Teele: So it's on the tax roll as of.. Ms. Bianchino: Next year. Commissioner Teele: As of September 1 or whenever it gets on. And I just wish that we would be very, very careful as we go out with these bid documents so that we are very clear on what the policy is. Because what happens is, this winds up being an insider's game and I have no idea who the underlying beneficial owners are of this. I don't know need to know. I don't want to know. But my fear is, is that this becomes an insider's game and I see it all over the City. I mean, we just walked through that on 61st Street where one developer, you know, did eight projects, which looking at it in Overtown now, where one developer is doing this, that and the other. And this turns into a developer's game, where the developer are using City money to so-called help the City, you know, and that's an oxymoron, I guess Vice Chairman Plummer: Mr. Gort, it's in your district. Commissioner Regalado: Can I.. just a question? Vice Chairman Plummer: Yeah, sure. Mr. Regalado. 52 July 14, 1998 Commissioner Regalado: Do we know how many groups bid? Ms. Bianchino: Yes, sir. We had four bidders on this property. This was the highest bid. Commissioner Teele: What was the next low bid? Ms. Bianchino: I believe ... I'll give it to you in one second, sir. It was one point seven in that area. Vice Chairman Plummer: It was six hundred thousand dollars ($600,000) difference. One was approximately one/eight. The other one was two/four. Commissioner Teele: Why isn't that detailed in the submission... in the package? Commissioner Gort: It's not in there. We don't have it in the backup packet. Ms. Bianchino: You are... Vice Chairman Plummer: Well, I asked for the appraisals and that's how I know the difference. Ms. Bianchino: No. You are absolutely correct, that it should have been in the Commission item. You're absolutely correct. Vice Chairman Plummer: That's why I asked for appraisals. Mr. Gort, it's in your district. I need a motion. Commissioner Gort: Look, we've been working on this for a long time. I would like to go ahead and move it. I think we need to do that. Vice Chairman Plummer: Moved by Commissioner Gort. Is there a second? Commissioner Teele: I'll second it for the purpose of moving it. Vice Chairman Plummer: Second by Commissioner Teele. Any further discussion? Mr. Regalado. Commissioner Regalado: Just one question. Had any group tried and were not able to bid? Ms. Bianchino: We had ... I mean I can't respond to whether they were able to bid or not. I had a group come talk to me about bidding. I met with them. I explained the process to them and then, at the bid ... when we opened the bids, they were there but they did not present a bid. But I can't answer as to why they didn't present a bid. Vice Chairman Plummer: I have two questions, not two. A statement and a question. The recipient, whoever that may be, is fully aware that it is as -is, any contamination or anything as -is? Ms. Bianchino: Yes, sir. Commissioner Gort: That's my understanding. Vice Chairman Plummer: Is it also understood that regardless of what is put there, there will ad valorem taxation applied? Ms. Bianchino: Yes, sir. That's part of the contract. Vice Chairman Plummer: And the final question is, how long do they have to pay in full? Ms. Bianchino: By September 1st. Vice Chairman Plummer: We will have a check by September 1st. Ms. Bianchino: Yeah, Yeah, that's the deal. 53 July 14, 1998 Vice Chairman Plummer: And, in lieu of that, there's no deal? Ms. Bianchino: In lieu of that, we go to the next bidder. Vice Chairman Plummer: Thank you, ma'am. No, no, not the next bidder. Ms. Bianchino: Yes. Vice Chairman Plummer: No, no, no. I don't ... that! s when I'll throw it out. For six hundred thousand dollars ($600,000) less, you bet your bippy. I'll go to war with Mr. Gort. Ms. Bianchino: We'll close by September 1 st. Vice Chairman Plummer: OK. Item 19 is a resolution. Is anyone wishing to vote negatively? Commissioner Gort: We have ... no, no, go ahead. Vice Chairman Plummer: Anyone wishing to vote negatively? None. Show unanimous vote. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-688 A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE SALE OF SURPLUS CITY -OWNED REAL PROPERTY WITH IMPROVEMENTS CONSISTING OF APPROXIMATELY 12.6 ACRES, LOCATED AT 2301 NORTHWEST IOTH AVENUE, MIAMI, FLORIDA, COMMONLY KNOWN AS THE BOBBY MADURO STADIUM (THE "PROPERTY"), FOR THE PURPOSE OF DEVELOPING AFFORDABLE HOUSING, TO ST. MARTIN AFFORDABLE HOUSING, LTD; ACCEPTING THE BID OF ST. MARTIN AFFORDABLE HOUSING, LTD. IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000) ON AN "AS IS" BASIS AS TO ALL PHYSICAL AND ENVIRONMENTAL MATTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 54 July 14, 1998 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 23.AUTHORIZE AGREEMENTS WITH INDIVIDUALS TO PROVIDE PLANS EXAMINER SERVICES — FOR BUILDING AND ZONING DEPARTMENT — ALLOCATE $80,000.00 FROM ACCOUNT 560302-270, PROJECT 421001 DIRECT ADMINISTRATION' TO ' IDENTIFY OUTSTANDING INVOICES AUTHORIZED AS EMERGENCY ' ACTIONS WHICH WOULD REQUIRE' COMMISSION RATIFICATION. Vice Chairman Plummer: Item 20. Divide examiners for structural building, electrical, mechanical, plumbing for eighty thousand a year. Is there a motion? Commissioner Gort: Move it. I think that... Vice Chairman Plummer: Is there a second? Commissioner Regalado: Second. Vice Chairman Plummer: Second by Regalado. Anyone wishing to discuss Item 20? Commissioner Teele: I want to commend the Management for moving forward with this type of approach. Vice Chairman Plummer: So commended. Anyone wishing to speak on the issue? All in favor say "aye". Show unanimous ballot. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-689 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE PLANS EXAMINER (STRUCTURAL, BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING) SERVICES FOR THE BUILDING AND ZONING DEPARTMENT FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND SAID SERVICES FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL COST NOT TO EXCEED $80,000 ANNUALLY, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS THEREFOR FROM THE INSPECTION SERVICES DIVISION FISCAL YEAR '98 BUDGET, ACCOUNT CODE NO. 560302-270, PROJECT NO. 421001. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the 55 July 14, 1998 following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 24. A. DISCUSS/TABLE CONSIDERATIONN OF AGENDA ITEM 21 (CONFIRMING EMERGENCY FINDING FOR REPAIR OF MOTOROLA RADIOS BY MOTOROLA, INC.) B. DIRECT CITY MANAGER TO REFURBISH LITTLE HAITI NET OFFICE, Vice Chairman Plummer: Item 21. Repairing radio that are sorely need and more than we can handle in the house with Motorola. Is there a motion? Commissioner Gort: So move it. We need it. Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Any opposition? Show unanimous ballot. Commissioner Teele: One, one, one minute Vice Chairman Plummer: Wait a minute. Mr. Teele. Commissioner Teele: Why is Mr. Marquez' name in this memo? I mean, how long has this been held? Mr. Warshaw: Goes back to September of 1997. Commissioner Teele: See ... and I don't think it's fair, Mr. Manager, for the Commission to be in the position of having to do an emergency when the Management... and no disrespect to you personally but when the Management sat on this thing for one year. Is that a fairly fair characterization? Vice Chairman Plummer: Absolutely. Mr. Pascual: If I can give you a little bit of a history on it. Originally... Vice Chairman Plummer: Can you do it briefly? Mr. Pascual: Yes, sir. It was originally approved for fifty thousand dollars ($50,000.00) on an as -needed basis. We were working along to take care of the work overload that we had in our division. Commissioner Teele: Juan, you know why you could really help us, do you all have anymore of these documents that are waiting? I mean, is there anymore of this anywhere? Mr. Pascual: No, sir, this is the one last one of those and it did take a while because Motorola kept invoicing us for the wrong amount of money. Commissioner Teele: Chief Warshaw, I would really appreciate if you would send a memo to all your department heads, asking them to identify anything and everything that's been in the breaches, that's waiting. You know, because ... see, it reflects on the Commission. It reflects on the management. It reflects on the Mayor. It reflects on all of us. Mr. Warshaw: And, Commissioner, for the record, I want you know that there are others. Just last week some invoices surfaced for over eight thousand dollars ($8,000.00) for paint that was authorized by the 56 July 14, 1998 previous Administration, without ever having come before the Commission. The vendor is demanding his money. Vice Chairman Plummer: How about the ninety-six thousand dollars ($96,000.00) for a law firm? Commissioner Teele: Yeah. But see, you'll come up with the money for the paint for that but you won't come up with the money to repair the ... to get the Little Haiti NET office. The previous management...I mean, I don't want to get into dirty linen. But the previous management directed that those improvements be done and We're still sitting around ... but, see, you can come up with money what you want... Mr. Warshaw: But I'm not going to come up with that money until I bring it to you. Commissioner Teele: You just coming up with this money. Mr. Warshaw: Those were unauthorized purchases. This was authorized by a former City Manager. What I'm talking about now... Commissioner Teele: Well, all I'm asking you to do is treat Little Haiti and Overtown the same way everybody else is being treated because 1, for one, am deeply offended that I've raised this issue now for four months, for four months, and nothing has happened. And, I mean, I don't know what to do. I have to represent my district. Mr. Warshaw: I understand. Commissioner Regalado: One question. Vice Chairman Plummer: Yes. Mr. Regalado. Commissioner Regalado: I know that ... Mr. Pascual, you have very able employees and I know that they really know how to fix the radios. I know that you're short in personnel but would it be better for you to hire a person to help with the repairs instead of sending those radios? Mr. Pascual: Yes, sir. What we've done is, we've repaired... we've reduced it from the fifty thousand dollar ($50,000.00) authorization originally to only thirteen thousand because in-house ... and there's a chart that we've attached to it ... we did a comparison. Even with overtime, the average repair is eightyLfive dollars and twenty cents ($85.20), including labor in-house, to a hundred ninety-five dollars ($195.00) with Motorola. We already have approved, in our budget presently ... and we're working on with Personnel ... to open up a register for communication technician just for that purpose, so we can have an additional person on board. Vice Chairman Plummer: We can't vote on the issue because it's four/fifths and we don't have four/fifths. We'll come back to it. 25. AUTHORIZE DISASTER RELIEF FUNDING AGREEMENT WITH STATE OF FLORIDA COMMUNITY 'AFFAIRS — FOR REIMBURSEMENT OF EXPENSESIN AFTERMATH OF FEBRUARY 24, `1998 DISASTER. Vice Chairman Plummer: OK. Item 22, it's money that we're going to be getting as a grant. Moved by Sanchez. Seconded by Regalado. Anyone wishing to discuss Item 22? All in favor, say "aye". Show unanimous vote. The Commission (Collectively): Aye. 57 July 14, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-690 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A DISASTER RELIEF FUNDING AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE CITY OF MIAMI IN THE AFTERMATH OF THE DECLARED DISASTER WHICH OCCURRED IN THE MIAMI AREA FEBRUARY 24, 1998, SAID REIMBURSEMENT SUBJECT TO TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER AGREEMENT(S) OR DOCUMENT(S) NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID REIMBURSEMENT. (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: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort Commissioner Arthur E. Teele, Jr. [NOTE FOR THE RECORD: ITEMS 23 AND 24 WERE TABLED.] Vice Chairman Plummer: Item 23. Commissioner Regalado: Move it. Commissioner Sanchez: Moved. Vice Chairman Plummer: You better wait because I'm going to vote against this. Commissioner Regalado: OK. Vice Chairman Plummer: Hold Item 21 and 23. OK. Item 24. The law firm ... no, that's to come up in the afternoon, Mr. Manager. Hold 24 until the afternoon because I don't agree with you on that one. Commissioner Regalado: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Could we ... before we break for lunch, we could we take the Tower Theater issue? Vice Chairman Plummer: Sir, if I can keep you all quiet, I'm going to try to. 58 July 14, 1998 Commissioner Regalado: OK, I'll be quiet for about two minutes. 26. AUTHORIZE REIMBURSEMENT FROM LAW ENFORCEMENT TRUST FUND PROJECT 690001, 690002, AND 690003 TO GENERAL FUND. Vice Chairman Plummer: Item 25, authorizing funds to exceed four hundred thousand from Law Enforcement Trust Fund. Is this going to be in conflict with Mr. Teele? I'll hold it if it is. Commissioner Sanchez: Moved. Mr. Warshaw: No. This is part of the... Vice Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Item 25, all in favor, say "aye". It passes unanimously. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-691 A RESOLUTION AUTHORIZING THE REIMBURSEMENT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $400,000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, TO THE CITY OF MIAMI' S GENERAL FUND, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE 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.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: Item 26. What is this for here? Item 26 is a resolution. What is it,Mr... Commissioner Regalado: I would like to defer this to July 21 st because... Vice Chairman Plummer: All right. The matter is deferred until the 21st or continued is the item. Commissioner Regalado: And ... wait, wait, wait. And to have the Administration to bring these firms for presentation ... a short presentation before the Commission. Vice Chairman Plummer: OK. You heard, Mr. Manager? 59 July 14, 1998 Mr. Warshaw: Yeah. 28. RATIFY/APPROVE/ CONFIRM EMERGENCY FINDING — WAIVE SEALED BID PROCEDURES' -- AUTHORIZE REPAIR OF MOTOROLA RADIOS BY MOTOROLA, INC. - FOR FIRE AND POLICE' - ALLOCATE $13,260.00 FROM GENERAL SERVICES ADMINISTRATION ACCOUNT 506000.420601.670. Vice Chairman Plummer: All right. We're now up to Item ... oh, let's go back to 21. Mr. Gort is here. We have four. Item 21 requires a four/fifths vote. And Mr. Gort, you're now going to be called on Item 21. Call the roll, please. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-692 A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY SITUATION EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, AND AUTHORIZING THE REPAIR OF SIXTY-EIGHT (68) HAND HELD MOTOROLA RADIOS BY MOTOROLA, INC., FOR THE DEPARTMENTS OF FIRE AND POLICE, FOR A TOTAL AMOUNT NOT TO EXCEED $13,260.00; ALLOCATING FUNDS THEREFOR FOR SAID SERVICES FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FY '98 OPERATING BUDGET, ACCOUNT CODE NO. 506000.420601.670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR PAYMENT OF SAID REPAIRS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 60 July 14, 1998 Vice Chairman Plummer: Item 23, I've deferred until we have a full Commission because I think it is absolutely preposterous that, in my estimation the Dolphins, who abandoned this City in the acts of treason, to go out and build a new stadium. As I looked at the television is the other day, after the scrimmage they had at the Pro Play Stadium, they roasted Mr. Jimmy Johnson in oil because of the tearing up of the field that took place and what happened there, that they were very concerned that the baseball game was going to be seriously affected and I'm sure the reason they want to go to the Orange Bowl is to tear up our field, so that they won't, and five thousand dollars ($5,000.00), in my estimation, will not cover the damage that they're going to do. I guarantee you, if they had the opportunity to play at Pro Player, they would go there. So I'm making my point. The Commission can do what you want on the issue. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: Item 23. Commissioner Gort: Let me tell you, I'll move it and... Vice Chairman Plummer: All right. Moved by Mr. Gort and seconded by... Commissioner Sanchez: I'll second it. Vice Chairman Plummer: Sanchez. Under discussion. Mr. Gort. Commissioner Gort: Under discussion. My understanding is, is the difference between a football field and a baseball field ... and I would like to hear from staff, if the scrimmage to be held in there, how would that affect our field? Ms. Christine Abrams (Director/Public Facilities): Well, we've had the Dolphin scrimmage there before and it has about the same damage as the normal University of Miami football game. We don't expect significant damage and we have more than 30 days before the first University of Miami football game and the staff at the Orange Bowl is confident the field will be in excellent condition. Vice Chairman Plummer: And the University of Miami is a good payer. Commissioner Sanchez: Mr. Vice Chair? Commissioner Gort: Commissioner, I understand your feeling. I feel the same way but, at the same time, maybe by bringing it back to the Orange Bowl, they can see what a good game they missed and a good stadium. Vice Chairman Plummer: OK. Commissioner Regalado: Excuse me. One question. Question. Commissioner Regalado: Mr. Regalado. Commissioner Sanchez: What do you got to do to talk here? Commissioner Gort: Wait a minute. I haven't finished yet. The one thing we have to understand also, anytime an event takes place ... and this goes to the two of you Commissioners ... anytime an event takes place in the Orange Bowl, especially a professional game, not only do we receive of revenue of the Orange Bowl but also all the business within the area ... you can go and ask them ... their sales increase, especially the restaurants, which is much needed within that ... your district. 61 July 14, 1998 Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I don't have any problem at all with the Dolphins coming to the Orange Bowl. I don't even have a problem with the fee. My question is whether this is going to be August the 1st, which is a Saturday, is it? Vice Chairman Plummer: Correct. Commissioner Regalado: It is a Saturday. How many people you expect to attend? Ms. Abrams: Between 20 and thirty thousand. Commissioner Regalado: OK. How many seats will be available? Ms. Abrams: Well, the Orange Bowl holds 74,000 without putting in the west ends out. Vice Chairman Plummer: Seventy-five thousand and ten. Commissioner Regalado: OK. Would the great Miami Dolphins give us a possibility of taking the children of the Summer camps of the City of Miami to the scrimmage? Ms. Abrams: We'll ask them. Commissioner Regalado: OK. We have the busses? Vice Chairman Plummer: Make that as a provision. Commissioner Regalado: OK. Can I do that, Mr. City Attorney? Mr. Vilarello: Sure. Vice Chairman Plummer: Sure you can. Commissioner Regalado: OK. My... Vice Chairman Plummer: How many kids ... how many tickets do you want for Inner City kids? You want ten thousand? Commissioner Regalado: No, no, no, no. We don't have that many in the parks. Vice Chairman Plummer: Twenty thousand? Commissioner Regalado: We don't have that many. Commissioner Sanchez: I'll take a thousand. Commissioner Regalado: No, no. J.L., we have... Vice Chairman Plummer: Stipulate the number. Commissioner Regalado: OK. All the children in the Summer camps operated in the parks of the City of Miami. Vice Chairman Plummer: All right. Commissioner Regalado: Which may be one thousand, something like that. Ms. Abrams: I understand. 62 July 14, 1998 Vice Chairman Plummer: I'll bet you it's more. Commissioner Regalado: No. Vice Chairman Plummer: Well, you got the Boys Club that's got over a thousand. Commissioner Regalado: Well, I'm talking about the ... if you want ... I mean ... I'm fine. But I'm talking about the parks ... the City parks of the City of Miami operates... Vice Chairman Plummer: No, no, no, no. Commissioner Regalado: ...Summer programs. Vice Chairman Plummer: No, no, no, no. I think —any Summer program children in the City of Miami should be available to... Commissioner Regalado: Fine with me. Vice Chairman Plummer: OK. Commissioner Regalado: Fine with me. Vice Chairman Plummer: OK. Mr. Sanchez. Commissioner Sanchez: Thank you very much. You know, we can complain that the Orange Bowl doesn't have enough events and we don't use it as much and here's a golden opportunity, once again, to bring great things to our City. Anything that comes up, except one of those bad concerts we had at Bayfront Park, that we hope we never have again, but sporting events and anything that could bring good things to our City should always be open at the Orange Bowl, so... Vice Chairman Plummer: Are you finished? Commissioner Sanchez: No, I'm not. I'm just warming up. Vice Chairman Plummer: You bet you are. Commissioner Sanchez: I'm just warming up on that issue. But, once again, anything that comes to this City ... doesn't really matter if it destroys the grass, as long as we make money out of it ant we really get positive things towards our City. Let's open up our doors and be business friendly to Sports Authority. Vice Chairman Plummer: All right, enough. Call the roll. Commissioner Gort: I'll accept the amendment. Vice Chairman Plummer: Call the roll. Commissioner Regalado: Thank you. 63 July 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-693 A RESOLUTION, WITH ATTACHMENT(S), RELATING TO THE MIAMI DOLPHINS INTRASQUAD SCRIMMAGE TO BE HELD AUGUST 1, 1998, AT THE ORANGE BOWL STADIUM AND PRESENTED BY MIAMI DOLPHINS, LTD.; AUTHORIZING A CAP ON THE USER FEE OF $5,000 FOR THE EVENT; FURTHER CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER, AND COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED THE CITY MANAGER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI DOLPHINS, LTD., 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 Sanchez, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Mr. Teele, that motion in reference to a November election, bring it up in December, would you please? Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele, you wish the floor? Commissioner Teele: Yes. Again, the gentleman ... the Commissioner is right, Commissioner Sanchez. Before...whafs the lady's name that was here on the Orange Bowl? Vice Chairman Plummer: Soccer, wasn't it? Ms. Abrams: My name is Christina Abrams. I'm the Director of Public Facilities. Commissioner Teele: Miss Abrams, yes. I apologize. We really do need to look at a more proactive way to get the Orange Bowl involved. I mean, we're making light of this in some ways but the Orange Bowl is a tremendous business, economic in stimulus to the community. I've heard from a number of restaurants and people in the area, you know, that they miss the Orange Bowl. We lost the soccer for whatever reason. I'm just wondering, can we maybe create a business advisory group to really be ... you know, one of the things that the Orange bowl had was that a distinguished group of citizens, sometimes known as the Orange Bowl Committee, that really went out and promoted the Orange Bowl. I mean —and what you see now, J.L., is that those same Orange Bowl committee people are making grants and making bid requests for Pro Player Stadium. 64 July 14, 1998 Vice Chairman Plummer: Oh, yeah. Commissioner Teele: See, and I don't have a problem with that. I mean, you know, in a world, if you lose ... if you move, you lose. If you sit on your lead, you blow it. Vice Chairman Plummer: No. Commissioner Teele: You know, look, the Orange Bowl has a lot of problems. It doesn't have the sky box facilities. It doesn't have a lot of things. The transportation linkage just isn't what it should have been. If we could have just moved that Metro -Rail just, you know, a few yards over so that it made a stop at the Orange Bowl, it would be a totally different Orange bowl. We all know that. But we don't need to just throw up our hands. And I'm asking you to think about... because the last thing we want ... need is another committee, but we need a way to promote the Orange Bowl. And maybe we can start with business leaders in that area. You know, in effect, we need a new Orange Bowl committee. We need a committee to support the Miami Orange Bowl facility and no one can go out and write the kinds of requests for soccer or for cricket or rugby or whatever can be used there the way the private sector can and nobody's going to have more of an interest than a restaurant, a hotel, some people who are trying to sell parking or whatever those resources are and I would only ask you to take Commissioner Sanchez' recommendation seriously because I think we do need to support the Orange Bowl and we need to involve the private sector. 30. AUTHORIZE REQUEST FOR PROPOSAL — FOR PROVISION OF FUNDING OR SUPPORTIVE' SERVICES TO NOT -FOR -PROFIT ORGANIZATIONS AND GOVERNMENTAL AGENCIES' SEEKING TO PROVIDE AFFORDABLE HOUSING AND/OR SUPPORTIVE SERVICES FOR LOW INCOME PERSONS LIVING WITH HIV/AIDS — ALLOCATE $150,000. AND $350,000. IN 1997 AND 1998 HOUSING OPPORTUNITIES FOR PERSONSWITH; AIDS PROGRAMS RESPECTIVELY. Vice Chairman Plummer: All right. Item 28. Item 28. Is there a motion? In reference to notfor-profit organizations. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Plummer: By Teele. Seconded by... Commissioner Gort: Second. Vice Chairman Plummer: Gort. Anyone wishing to speak to 28? Let the record reflect no one came forward. All in favor, say "aye.". Passes unanimously. The Commission (Collectively): Aye. 65 July 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-694 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FROM NOT -FOR - PROFIT ORGANIZATIONS AND GOVERNMENTAL AGENCIES WHICH WILL PROVIDE OPERATING SUBSIDIES AND/OR SUPPORTIVE SERVICES FOR LOW INCOME PERSONS LIVING WITH HIV/AIDS; ALLOCATING $150,000 AND $350,000 IN 1997 AND 1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAMS (ACCOUNT NOS. 194005.590605.6860.94654 AND 194006.590606.6860.94654), RESPECTIVELY, TO DEFRAY THE COST OF PROVIDING THE AFOREMENTIONED SERVICES. (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: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Item 29, 24th year grant of CDBG. Moved by Gort. Seconded by ... seconded by... Commissioner Regalado: Me. Vice Chairman Plummer: Regalado. Commissioner Teele: Discussion. Vice Chairman Plummer: Discussion. Reverend Teele. Commissioner Teele: Withdraw. Vice Chairman Plummer: I'm sorry? Commissioner Teele: No discussion. Vice Chairman Plummer: All right. Are there anyone wishing to vote against Item 29? Show it a unanimous ballot. The following resolution was introduced by Commissioner Gort, who moved its adoption: 66 July 14, 1998 RESOLUTION NO. 98-695 A RESOLUTION AMENDING RESOLUTION NO. 98-402.1, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ALLAPATTAH COMMUNITY ACTION, INC., DEHOSTOS SENIOR CENTER, INC., AND SOUTHWEST SOCIAL SERVICES, INC. TO INCREASE THE FUNDING ALLOCATED TO SAID AGENCIES FOR THE PROVISION OF VARIOUS HOT MEALS PROGRAMS, IN THE AMOUNTS OF $5,000, $500, AND $1,003 RESPECTIVELY; ALLOCATING FUNDS THEREFOR FOR SAID INCREASES FROM 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 32. ,AWARD FUNDING TO FOUR LOCAL, NOT -FOR -PROFIT AGENCIES FOR JHOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW INCOME PERSONS LIVING WITH HIV/AIDS, INCLUDING PROVISION OF STAFF SUPPORT TO CITYADMINISTRATION INCLUDE AUTOMATIC REVERTER TO CITY, WHEN VACATED ON ALL FUTURE ACQUISITIONS - Vice Chairman Plummer: Item 30. Moved by... Commissioner Teele: So move, Mr. Vice Chairman. Vice Chairman Plummer: By Mr. Teele. Seconded by Mr. Gort. There is one provision in this. Is this the one, Mr. Manager? And I think that we want to do it in all future acquisitions of property that, at such time vacated, has an automatic reverter back to the City of Miami as City of Miami property. I've asked that that be included in any future purchases of property. The motion is duly made and seconded. Anyone wishing to vote in the negative on 30? Showing none, let it show as a unanimous ballot. 67 July 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-696 A RESOLUTION AWARDING FUNDING TO FOUR (4) LOCAL NOT FOR PROFIT AGENCIES ("AGENCIES") FOR THE PROVISION OF HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW INCOME PERSONS LIVING WITH HIV/AIDS AND THE PROVISION OF STAFF SUPPORT TO THE CITY ADMINISTRATION; ALLOCATING FUNDING THEREFOR IN THE AMOUNT OF $22,750.00 FROM THE FY 1995 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT (ACCOUNT NO. 194003.590603.6340. 27054), IN THE AMOUNT OF $237,102.25 FROM THE FY 1997 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT (ACCOUNT NO. 194005.590605.6860.94654); FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACT(S) OR AMENDMENT(S) TO EXISTING CONTRACT(S) WITH SAID AGENCIES FOR THE AMOUNT SPECIFIED HEREIN, IN A FORM ACCEPTABLE, TO THE CITY ATTORNEY, TO IMPLEMENT THE PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 33. APPROVE DIRECTING CITY MANAGER TO CONVERT TO A GRANT 1128,151.00 OUTSTANDING BALANCE ON CITY' S LOAN TO CODEC INC. — FOR DEVELOPMENTOF PHASE III OF MELROSE TOWNHOMES PROJECT IN ALLAPATTAH — FAMILIES OF LOW AND; MODERATE INCOME FURTHER DIRECTING CITY MANAGER TO EXPLAIN PROJECT TO ALL CITY UNION PRESIDENTS. Vice Chairman Plummer: Item 31. Mr. Gort, this is Allapattah neighborhood. Looking to you for a motion. Commissioner Gort: Where are we, on 31? Vice Chairman Plummer: We're on Item 31. Commissioner Gort: I'd like to hear from staff. Vice Chairman Plummer: Hear from staff. Briefly. Mr. Hepburn: This item was before you back in April. Essentially involves a project called the Melrose Townhome Project. It was 150 unit townhouse project that dates back to 1989. The developer, CODEC Inc., has developed both Phase I and Phase II that consist of 104 units. They're now trying to move forward in terms of Phase III, which involves 46 units. There was a loan of hundred ... a million seven provided to the 68 July 14, 1998 developer by the City back in'89. It involved a million dollars ($1,000,000.00) for site improvements. It involved seven hundred and fifty thousand dollars ($750,000.00) being paid back to the City for the land. They're currently at the point where they're unable to pay back the City roughly about a million five. If they proceed with Phase III, it would basically provide the City about three hundred and ninetyfour thousand dollars ($394,000.). To move forward with this project, we would have to forgive a million one in terms of the City's loan. Commissioner Gort: A million one with the repayment of three hundred thousand will come down to seven eight one? Mr. Hepburn: The actual outstanding loan today is a million five. Commissioner Gort: Right. Mr. Hepburn: If they move forward with Phase 111, it involves the City getting back sale proceeds roughly about three hundred and ninety-five thousand dollars ($395,000.00). That would reduce that one point five down to one point one. There's also about two hundred thousand dollars ($200,000.00) that's being held by Barnett Bank. We set up what we call a ... an Interest Rate Buy Down Program back in '89. Those funds, likewise, would come could back to the City. So were talking about close to seven hundred thousand dollars ($700,000.00). I'm sorry, six hundred thousand dollars ($600,000.00) coming back to the City if we move forward. Commissioner Gort: OK. This is a project that we inherited beginning about five years ago, is my understanding. It was always going into three stages. My understanding is, the first two stages have been built. Also, my understanding is, the problem that they had on the second stage was the hurricane came in and the cost of...we all know what happened to construction because after that, because we experienced that at the City ourself. So staff recommends that we approve this. Ms. Abrams: Correct. Vice Chairman Plummer: Well, OK. I hear you but I have questions. We're ... in other words, we're just outright giving a gift of a million five, is that what I'm understanding? Mr. Hepburn: Currently... yes. We have a loan currently in place. If we plan to move forward ... the City plans to move forward with this project would be converting that loan into a grant, roughly about a million one. Vice Chairman Plummer: And so who benefits by that outright gift? Mr. Hepburn: These units are home ownership units. Basically, the homeowner... Vice Chairman Plummer: How do we know that the benefits are going to be forthcoming to the home owner? Has the price been established? Commissioner Gort: My understanding is, J.L., that already they... the two first ... the two stages already received the benefits because, my understanding is, they paid ... the price was established before the hurricane took place and the cost of the building was a lot more, so they paid what the original was signed for, is my understanding. Vice Chairman Plummer: My question still remains is, is it any guarantee that the million five will be forthcoming and beneficial to the recipients of those who will be buying? Is it locked into stone? That's what I'm asking. Mr. Hepburn: Yeah. We have prices ... sale prices are currently fixed. Vice Chairman Plummer: Is that before or after the grant of a million five? Mr. Hepburn: Well, again, based on what Commissioner Gortjust said, what happened in Phase I and Phase Il, they had contracts with those buyers at the time and those prices were locked. After Hurricane Andrew, 69 July 14, 1998 after the South Florida Building Code was revised and costs went up in time, in terms 1989, to where we are today, costs went up and... Commissioner Teele: Mr. Hepburn, Commissioner Plummer asked you a very simple question. It's a very important question. And even though he raised wholly dickens about forgiving a forty thousand dollar ($40,000.00) loan in Overtown the other night, you know, if you answer his question, you'll get a lot further down the road. Mr. Hepburn: The answer is yes. Vice Chairman Plummer: Thank you. Commissioner Teele: Now, the question that I want to ask, piggy backing on Commissioner Plummer's question is, what will be the average cost to the ... is this a rental or.... Mr. Hepburn: This is home ownership. Commissioner Teele: What would be the average cost if we don't give the grant and what will be the cost if we give the grant to the home owner, to the buyer? Same question Commissioner Plummer asked before . Vice Chairman Plummer: That's exactly what I wanted to know. Mr. Hepburn: Based on the million... Commissioner Teele: No, no, no. I don't need... Mr. Hepburn: OK. We're talking... Commissioner Teele: I need numbers now. All I need you to do is give me some numbers. Mr. Hepburn: About eighty-five hundred dollars ($8,500.00). Commissioner Teele: And how many units are there? Mr. Hepburn: Currently, there's... Commissioner Teele: How many units? Mr. Hepburn: Forty-six in question. Commissioner Teele: OK. So 46 units times ten thousand dollars ($10,000.00) would be four hundred thousand... four hundred and forty ... four hundred and sixty thousand dollars ($460,000.00)? Vice Chairman Plummer: Yeah. Commissioner Gort: Yeah. But that question... excuse me, I'm sorry, was not answered correct. Give total units. Because the other people have received the benefits already. Mr. Hepburn: We would have to multiply that by a hundred and fifty. Commissioner Teele: I think Commissioner Plummer is one hundred percent correct on this issue. Vice Chairman Plummer: And I'm lost. Commissioner Teele: And that is, we need a memorandum that shows what the loan ... what the buy ... the purchase price will be to the home owner with the loan being forgiven and what it will be without. Now, if there's some mumbo jumbo now...Jeff, if you all have already done this and we trying to recapture and all of that, then you need come in with the overhead structure of the organization because what Commissioner Plummer is saying ... what I want to agree with ... is I want to help CODEC but I want to help CODEC in their 70 July 14, 1998 role as a not -for -profit, trying to help the home owner or the home purchaser. So ... and the number you're giving us doesn't make sense. Eight thousand dollars ($8,000.00) doesn't make sense for 40 units. Mr. Hepburn: Commissioner, that is the actual subsidy... Vice Chairman Plummer: You know, can I... Mr. Hepburn: Per unit. Vice Chairman Plummer: Can I try to be a little ignorant? Would you have a great objection if I defer this until the next meeting and let them come and talk to me? I just don't understand it and I've got ... before I vote, I've got to understand it or I'm going to walk out the door. Mr. Jose Fabregas: Commissioner, we did talk to you with Mr. Banal. Also, we went... Vice Chairman Plummer: On this particular project? Mr. Fabregas: Yes, sir. Vice Chairman Plummer: This is the one... Commissioner Teele: Peter, give your name and address, please. Mr. Jose Fabregas: My name is Jose Fabregas, Executive Director of CODEC, Inc., 300 Southwest 12th Avenue. We came to you, Commissioner ... we also worked out a better deal for return for the City of Miami because we increased the sale prices and we had an appraisal. We have a letter now from the Miami Dade Housing Authority, Rene Rodriguez, saying that the million two that we have for surtax allocated to this project can benefit the citizens of...the residents. Also, we did... Vice Chairman Plummer: OK. All right, all right. I'm going to make it simple for you, all right? I'm not going to ask for it to be deferred. It's in my Mr. Gort. He wants to move it but I'm still going to ask you, after it passes, to come sit down with me and explain it in more full detail so I'll know that I did not make a mistake. Mr. Fabregas: Yes, sir. Vice Chairman Plummer: OK. Mr. Gort. Commissioner Gort: To follow that up, I think its very important that you bring what they've been asking, what is the price you were committed to, what's the real cost to it and why you're in the hole. And I think they deserve ... we deserve to know about that. Also, when you come back, I want you to know how much is being paid a year in taxes in that property at this time now and how much is being paid once you complete the project. Mr. Fabregas: I think we have that already, that figure. Commissioner Gort: I move for approval. Vice Chairman Plummer: All right. The motion is to approve. Commissioner Teele: Before you make the motion. Hold on, Willie. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Are they going to ... now, we're going to forgive a million how much? Vice Chairman Plummer: Five. Ms. Gwendolyn Warren (Director/Community Development Department): A million one. 71 July 14, 1998 Commissioner Teele: We're going to forgive a million one. Two questions: Is this consistent with our audit? And I assume that this, in no way, impacts on our overall recovery plan. This is different from the audit issues, as I recall? Ms. Warren: This is not CDBG funds. Commissioner Teele: OK. So, there's no CDBG audit issue here and, Mr. Attorney, I hope you will make sure that the management doesn't get us in trouble with this, number one. And number two, pregnant question again, will they be coming in next month, next year or forever for CDBG or home or HOPE monies for any of this on this project? Ms. Gwendolyn Warren: The answer on the record is no. Mr. Fabregas: No, sir. The only CDBG we receive right now is, we're building a 14-story high rise on the river. Commissioner Teele: No, no, no. Let's just stay with this. Vice Chairman Plummer: This property. Commissioner Teele: What about HOPE monies? What about any other funds? Will you be coming back asking us for any more... Mr. Fabregas: No, sir. I already obtained one million two of surtax fund to subsidize the second mortgages for this buyers. It's all ready. Vice Chairman Plummer: All right. Mr. Gabriel. I'm sorry, Mr. Gort. Commissioner Gort: Excuse me. Another thing that I'd like to state on the record, my understanding is, there's going to be a payment of seven hundred thousand dollars ($700,000.00) coming to the City? Mr. Fabregas: There's a million ... go ahead. Ms. Warren: It's approximately six hundred thousand. Commissioner Gort: Six hundred. This is six hundred thousand dollars ($600,000.00) coming in. At the same time, the biggest burden you have right now, two stages. The property owners presently, right now, the maintenance fee is a lot higher than expected from the beginning because the third phase was never finished. So this would be an additional benefit to the present property owners. Commissioner Teele: Mr. Vice Chairman, I want to support Commissioner Gort and the community. CODEC has an excellent reputation and an excellent record and I mope that they understand that what we're trying to do is respond to a financial emergency. You know, we're not trying to give you a hard time but we have an obligation when the citizens see this on television, they say, how in the world can the City on one hand say you're broke, you're in a financial emergency, you can't get the trash picked up, but you do that? So I want you to understand that the questions are not directed at CODEC to be negative but to make sure that we do our job. By the way, would you introduce the lady that's with you, please? Mr. Fabregas: Yes. Go ahead, tell him who you are. Ms. Joyce Fabregas: I'm his daughter, Joyce Fabregas. Commissioner Teele: Well, let me just say this. This is a... Vice Chairman Plummer: Thank God you're not as ugly as your father. Commissioner Teele: You add a lot of grace and beauty to this presentation because... 72 July 14, 1998 Vice Chairman Plummer: Without it, we'd vote against him. Mr. Gabriel? Is there a fire on the property, fire sale? Mr. Gabriel: Maybe. Tom Gabriel, Local 587. I'd like to know if this money is...when you say its not CDBG money, whether or not this money could go back into the General Fund, the six hundred thousand? Or whether the million dollar ($1,000,000.00) forgiveness is coming out of money that would have went into the General Fund? Mr. Hepburn: The funding source is a bond issue that dates back to 1976, Go housing bonds. Vice Chairman Plummer: Answer the question. Mr. Hepburn: These funds they would come back to the City. They could go in a General Fund. Vice Chairman Plummer: That answers your question. Mr. Gabriel: Yes, it does. Vice Chairman Plummer: Thank you. Mr. Gabriel: I just want to remind everybody that this Commission and Administration has been nickel and diming employees time and time again over the last couple of years and this looks a lot like —and it may be very well a good project but I just want to remind you that we have been getting hammered. The citizens have been hammered and now we're going to forgive somebody's million dollar ($1,000,000.00) loan. It seems to me ... and I don't know all the details because I can't find it. It seems to me that when you enter a deal and you loan ... you borrow some money, you build a hundred some houses and sell those houses and then turn around and ask forgiveness on the million dollars ($1,000,000.00), that something's wrong. And I just want to put that on the record before my blood pressure went through the roof, that I thought we were going to stop doing business this way. I also heard that two million dollar ($2,000,000)... the two million dollar ($2,000,000) deal, we were going to give them three million dollars ($3,000,000) on the other side and I just want to remind you that the employees and the citizens, we may be quiet but at least we're watching. Commissioner Gort: I want to make sure, whenever the report comes in of the prices, what the people are paying; what's going to be paid in taxes for the news ... for the rest of the life of the project. Could you give copies to the union presidents? Because I think it's important for them ... and I think you all should sit down with them so they can understand the process and what takes place in here, especially with the CDBG and that type of funds. Thank you. Vice Chairman Plummer: All in favor, say "aye.". Mr. Foeman: I need a seconder. Vice Chairman Plummer: Seconded by ... moved by Gort. Seconded by Regalado. All in favor, say "aye." All opposed? Show unanimous. 73 July 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-697 A RESOLUTION RELATING TO THE DEVELOPMENT OF PHASE III OF THE MELROSE TOWNHOMES PROJECT TO BE DEVELOPED BY CODEC, INC., CONSISTING OF FORTY-SIX (46) TOWNHOMES, WHICH WOULD BE AFFORDABLE TO FAMILIES OF LOW AND MODERATE INCOME LOCATED IN THE ALLAPATTAH NEIGHBORHOOD (THE "PROJECT"); DIRECTING AND INSTRUCTING THE CITY MANAGER TO CONVERT THE APPROXIMATELY $1,128,151.00 OF THE OUTSTANDING BALANCE ON THE CITY' S LOAN OF APPROXIMATELY $1,520,145.00 INTO A GRANT IN AN EFFORT TO MOVE FORWARD WITH THE CONSTRUCTION OF PHASE III OF THE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL PARTIAL RELEASE OF MORTGAGES TO CONSUMMATE THE PURCHASE/MORTGAGE CLOSING ON THE FORTY-SIX (46) TOWNHOME UNITS TO BE CONSTRUCTED UNDER PHASE III OF THE PROJECT, INSTRUCTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ESCROW AGENT TO PLACE IN ESCROW THE CITY'S ANTICIPATED SHARE OF THE PROCEEDS FROM THE SALE OF EACH TOWNHOME UNIT, UNDER PHASE III, IN THE AMOUNT OF APPROXIMATELY $391,994.00. (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: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Plummer: Item 32 is the acquisition of three properties for two hundred thousand. The money coming from HOPWA. Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. With a reverter clause back to the City of Miami. All in favor, say "aye.". Opposition? Show it unanimous. The following resolution was introduced by Commissioner Gort, who moved its adoption: 74 July 14, 1998 RESOLUTION NO. 98-698 A RESOLUTION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 98-500, THEREBY RESCINDING SECTION 3 WHICH AUTHORIZED THE CITY MANAGER TO NEGOTIATE THE TRANSFER OF CITY -OWNED PROPERTY LOCATED AT 14590-92 SOUTHWEST 264TH STREET, 26431-33 SOUTHWEST 146TH COURT AND 26421 SOUTHWEST 146TH COURT, MIAMI, FLORIDA, LOCATED IN THE NARANJA AREA OF MIAMI-DADE COUNTY, CONSISTING OF THREE DUPLEXES, COMMONLY KNOWN AS CASA DE LOS MILAGROS PROJECT ("PROPERTY"), TO SOUTH FLORIDA JAIL MINISTRIES/AGAPE WOMEN'S CENTER; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO ACQUIRE THE PROPERTY FROM CITY NATIONAL BANK AT A COST NOT TO EXCEED $200,000.00; AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF SOLICITING PROPOSALS FROM LOCAL NOT -FOR -PROFIT AGENCIES THAT PROVIDE SERVICES TO PERSONS WITH AIDS AND ARE DESIROUS OF OWNING AND OPERATING THE PROPERTY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN SAID RFP; APPOINTING A REVIEW COMMITTEE TO EVALUATE THE PROPOSALS SUBMITTED TO THE CITY AND TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION FOR ITS CONSIDERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 35. BRIEF DISCUSSION REGARDING CLARIFICATION BY ADMINISTRATION FOR WITHDRAWAL OF AGENDA ITEM 33 (AMENDING DEBT MANAGEMENT POLICY ESTABLISHED BY RESOLUTION '98-631TO INCLUDE MAYOR OR DESIGNEE AS VOTING'' MEMBER OF FINANCE COMMITTEE). Vice Chairman Plummer: Thirt)4three, Debt Management Policy. Mr. Warshaw: That was pulled. Commissioner Gort: That was pulled. Vice Chairman Plummer: That was pulled. All right. Now, if it's... Commissioner Gort: Mr. Vice Chairman? Commissioner Regalado: OK. The Tower Theater we do now. 75 July 14, 1998 Vice Chairman Plummer: All right. Hold on just a minute. If it's concurrent with my colleagues, we will return this afternoon at four... Commissioner Gort: I have a question on this item. Vice Chairman Plummer: I'm sorry. Commissioner Gort: I have a question on this item. Vice Chairman Plummer: On which item, 32? Commissioner Gort: Thirty-three Vice Chairman Plummer: Thirty-three. Mr. Manager, a question on 33. Commissioner Gort: Why was it pulled? Vice Chairman Plummer: Gentlemen, sit down. There's no extra charge. Mr. Manager? Mr. Combo, Mr. Gort has a question on 33. Commissioner Gort: Why was it pulled? Vice Chairman Plummer: Why was it pulled? Commissioner Gort: We passed this on first reading. Is there major changes going to take place. Ms. Lourdes Reyes: No. We're just pulling it so that it can go... Vice Chairman Plummer: For the record, who are you? Ms. Reyes: Lourdes Reyes. Vice Chairman Plummer: And what do you do? Ms. Reyes: I'm the Comptroller for the City of Miami. Vice Chairman Plummer: Now, answer the question. Ms. Reyes: It was pulled. It's going to be on the next agenda so that it can go with a companion bill of the appointments ... making the appointments. Commissioner Gort: OK. Thank you. 36. ACCEPT/DISCUSS DONATION OF MIAMI'MILLENNIUM MILESTONE SCULPTURE FROM JUAN CARLOSCARDENAS ARCORONA — REFER TO OMNI ADVISORY COMMITTEE AND COMMUNITY REDEVELOPMENT AGENCY FOR DISCUSSION OF FUTURE LOCATION OF SCULPTURE. Vice Chairman Plummer: OK. Now, with the concurrence of my colleagues, we're going to come back at four o'clock and then we'll start with Item 34. Item of Virrick Gym is scheduled for five o'clock and I just want you to know, it will not come up prior to that. Commissioner Gort: Excuse me. Mr. Vice Chairman? Vice Chairman Plummer: Mr. Gort. Commissioner Gort: There's an item here that we can listen to. It'll only take five minutes, which is Item 35, which is a donation... 76 July 14, 1998 Vice Chairman Plummer: If you're talking about Tower Theater, that's the only one. Commissioner Gort: No. I'm talking about the donation of a sculpture to the City of Miami. Vice Chairman Plummer: All right, sir. If my colleagues have no objections, I do not. Item 35. Commissioner Regalado: No problem. Vice Chairman Plummer: Item 35. It won't take but 20 seconds? All right, sir. Commissioner Gort: It's 18 karat gold. Vice Chairman Plummer: Eighteen karat gold. All right, sir. What is the presentation? Do we need anything other than just accept it? You going to make a statement? Commissioner Gort: Mr. Naguera? Commissioner Regalado: Where it's going to be located? Commissioner Gort: That's... Mr. Gustavo Alfredo Naguera: My name is Gustavo Alfredo Naguera, 1267 Southwest 15th Street, Miami. We want to express our gratitude to Commissioner Gort, who has been the person who we contacted in the beginning. And what we want to present this morning is an idea that I could call revolutionary idea, is this sculpture, who ... a sculpture that I want to be a symbol, not only of the three cultures that we have here in Miami, white, Hispanic and Afro American, but also these rings symbolize North, Central and South America. We like to present this idea. We can have the funds, the private funds to develop. We only need a place. It has been suggested the Margaret Pace Park, north of the Marriott building. Vice Chairman Plummer: Nineteenth Street and the Bay. Mr. Naguera: Exactly. Could be appropriate place. The sculpture will be approximately three or four stories high and we think that this sculpture is a perfect item for Miami to get into the Millennium, a symbol of so many things and... Vice Chairman Plummer: And this is at no cost to the City, sir? Mr. Naguera: No cost at all. Vice Chairman Plummer: All right. What I would suggest to you is to ... there is an Omni Advisory Committee, which encompasses Pace Park. Also, I would suggest to you that... Commissioner Teele is in charge of the CRA, which also encompasses that particular area. At no cost to the City ... I don't think any Commissioner would have an objection... but I strongly suggest, sir, that before you do anything, that you approach those two groups to make a decision. Mr. Gort. Commissioner Gort: Well, what I'd like to do is, I would like to make the motion. This gentleman came to me about two years ago with the idea of this sculpture here to the City, somewhere where it could be placed. At first there was some cost to it. They convinced... they got the private sector to pay for it. I think it's a beautiful sculpture that could be located. If we need to find a place or location. Vice Chairman Plummer: What is your motion? Commissioner Gort: My motion is to accept the gift of the sculpture and to assign the CRA and DDA to work together and try to find a place where ... to locate it. Vice Chairman Plummer: But to be finally approved by this... Commissioner Teele: And the Parks Department. 77 July 14, 1998 Commissioner Gort: And the Parks Department, of course. Vice Chairman Plummer: And finally approved by this Commission as to its locale. Commissioner Teele: With the location to be approved by the Commission. Vice Chairman Plummer: Absolutely. Commissioner Gort: Sure. Vice Chairman Plummer: OK. Mr. Naguera: Commissioner, I would like to introduce the artist. It is Juan Carlos CardenasArcorona. Vice Chairman Plummer: Nice to have you here, sir. Mr. Juan Carlos Cardenas Arcorona: Thank you, sir, very much for this opportunity and besides that, I just want to explain a little bit about this sculpture, the symbol, what it means. It's a knot that is a five dimensional knot, which means truth, which means goodness, which means brotherhood and the wisdom for human kind that is entering into a third millennium. Vice Chairman Plummer: You need to send some over here. Thank you, sir. We'll hear back from you. All in favor of Mr. Gort's motion, say "aye.". All opposed? Show unanimous. The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO.98-699 A MOTION ACCEPTING DONATION OF A MIAMI MILLENNIUM MILESTONE SCULPTURE FROM JUAN CARLOS CARDENAS ARCORONA, FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE PARKS DEPARTMENT, THE COMMUNITY REDEVELOPMENT AGENCY AND THE DOWNTOWN DEVELOPMENT AGENCY TO WORK TOGETHER, ALONG WITH MR. CARDENAS, IN ORDER TO FIND AN APPROPRIATE LOCATION FOR SAID SCULPTURE, WHICH THE DONOR PURPOSES TO PLACE AT NO COST TO THE CITY IN MARGARET PACE PARK; FURTHER DIRECTING THE CITY MANAGER TO BRING THIS ISSUE BACK WITH A RECOMMENDED SITE FOR COMMISSION APPROVAL. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 78 July 14, 1998 Vice Chairman Plummer: I promised Mr. Regalado that we would let him take up Tower Theater before we broke for lunch. Mr. Regalado. Commissioner Teele: Mr. Chairman, let's be clear. We did not approve putting this anywhere at this point. What we've done... Vice Chairman Plummer: Must be approved by this Commission. Commissioner Teele: ...is we've approved looking to work together with the DDA. Vice Chairman Plummer: Exactly. Commissioner Teele: And it must approved by any community. Now, on the case of Margaret Pace Park, there is an ongoing master plan that is being worked by the Parks Department, the Homeowner Association and the CRA over there, and so there will be a lot of discussion and I just want to be very clear that we're excited but we've not made a decision. Vice Chairman Plummer: All right. Commissioner Gort: Thank you. Vice Chairman Plummer: I promised Mr. Regalado that we would let him take up Tower Theater before we broke for lunch. Mr. Regalado. Commissioner Regalado: Thank you, Mr. Vice Chairman. Last meeting the City Commission directed the Administration to come back with a definite plan to finish the Tower Theater structure. I have here a resolution, as part of discussing Item Number 36, that would amend a past resolution authorizing the City Manager to reallocate the four hundred thousand dollars ($400,000.00) for the construction of the Tower Theater rehabilitation, to cover the costs of demolition and rebuilding of the frontfacad and interiors of the Tower Theater building and to explain to them to people basically... people watching and home... basically, what this does is that the construction had a lot of problems, unexpected problems, and we had this funds ready to be used in audio visual equipment. The City is now applying for a grant with the state of Florida and we are certainly will get this grant by the time that the theater ... the shell of the theater is done. Had we not used this funds, well, the theater will be as it is now, which is, by the way, ashamed for the City of Miami. This is one of the few things that the City is building and we're ... we are in a really ... in a really bad position in terms of image with the rest of the City of Miami. Jim... Vice Chairman Plummer: Mr. Sanchez wishes also ... do you want... Mr. Kay or Mr. Sanchez? He asked for Mr. Kay. Mr. Kay. Mr. Jim Kay: OK. The... Vice Chairman Plummer: Excuse me. For the record, I sent a memo yesterday to the City Manager and I told him that predicated on his memo yesterday of appointing Mr. Jim Kay as a full director of Public Works, if he continues to make appointment like that, this City will be greatly enhanced in the future. Mr. Manager, I commend you. Mr. Kay. Commissioner Gort: I second that motion. Mr. Kay: The four hundred thousand dollars ($100,000.00) that was ... has been allocated for the food service and audio visual equipment will be needed to complete the building. Now, we do not feel that the full four hundred thousand will be needed to complete the outer shell and the interiors. However, we will 79 July 14, 1998 have to come back to you or will have to find funding to complete the audio visual equipment at some point. Commissioner Teele: Mr. Chairman ... Mr. Chairman, before you say anything, may I commend you, Mr. Kay, because see you've done... maybe you wouldn't have done it if you hadn't been confirmed. But you've just done what we want to hear from professionals. We want to hear from professionals. We want you to come down and tell us the whole truth. And what you're saying is, in approving this, you're not solving the problem because we're still going to need the money for the ... for the food equipment and I ... I really appreciate you doing that. I mean, that may not seem like a big thing but around here, it's a mon...miraculous thing. Vice Chairman Plummer: Mr. Regalado, did you yield to Commissioner Teele? Commissioner Regalado: Yeah. I ... I just to ... I ... I think, Jim, it's important that you give us an idea as to when this step of the project will be done. Because you remember on ... on September of'96, we said that by the '97... on '97 we said that August'98 will be done. Then September, then October. I ... I would ask you to give us an idea based on what you're... Vice Chairman Plummer: I can tell you it's going to be October of next year just before my election. Commissioner Regalado: OK. But that's very fine. Mr. Kay: No. Commissioner Regalado: I would ... I would also —and Commissioner Teele is right and you were really truthful to tell us that you're going to... Vice Chairman Plummer: Answer the question. Commissioner Regalado: ...have to come back here. But my understanding is that the ... that the City's applying or has applied already for a loan to the State Department Cultural Affairs. Is that it ... is that correct? Mr. Kay: We're still looking at additional funding to complete the project, including the audio visual equipment and food ... food equipment. But we don't have that on hand yet. Commissioner Regalado: OK. Vice Chairman Plummer: All right. Mr. San... Commissioner Regalado: Any I ... any ... any date? Just last question. Mr. Kay: We will do our very best to try to complete, even at ... complete the outer shell of the building and get as ... get the interiors done to where we look like we have a building. Vice Chairman Plummer: Is that December, January, February? Mr. Kay: By December of this year. It won't be until probably next year some time or if and when we get this additional funding for the audio visual equipment. There will be a full service structure. Commissioner Regalado: But I'm talking about shell and the structure. Mr. Kay: We believe that by December of this year that we will be able to complete the shell. It ... it could run into January but I ... I...I just ... I think... Commissioner Regalado: When ... so when construction ... when is construction beginning again? Mr. Kay: Construction will begin within the next two weeks. The contractor will be on the site. We've already called him up and talked to him about that. Vice Chairman Plummer: Mr. Sanchez. 80 July 14, 1998 Commissioner Sanchez: Mr. Kay, I've known you for a while, Mr. Kay. I only have good things to say about you, but I'll tell you, somewhere along the line... somewhere along the line there's been poor judgment and when we start holding people accountable for those actions, its what we're going to get somewhere in this city. The only thing is that theater out there is sending out such a negative message to everyone in this city that shows the poor judgment that's going on in our city and I'll tell why I'm speaking this way. Because it's my district and I'm very, very concerned with that part of my district. The Tower being in the situation it's in, people driving by, it is such an eyesore, that they call me and say what's going on with the Tower Theater. And I do research after research to find out and it's hard for me to send out a clear message to my constituents to tell them, look, we're working on it. We're going to do what's right and then you have explain to them the four hundred thousand. They need two hundred and eight thousand dollars and wait a minute, we're going to go on and use the money that was for the video and for the Constanza, whatever. You know, it ... its a big concern. The other thing is, you know, the quicker we reopen that Tower Theater, the quicker that we will revitalize that area. And I want ... and ... and I'm not ... I'm not asking you ... I need an explanation of when ... and I think you've answered that question already, but I ... there was some background noise and I couldn't answer. You know, the only way that we're going to get a positive thing out of this is, is one, we tell the people it's going to be open on this date and if we make a commitment with the company that's responsible for building that property, just like any professional will do if I want a property built, I tell them if you don't build it by this day, after that day we're going to fine you a thousand dollars a day or five hundred dollars a day, then we could go back to our constituents and say hey, were going to have ribbon cutting or we're going to have an opening on such and such a date. So I ask that you give us a deadline on when the building's going to be built. And the other thing is ... you know, so we could at least put it out, to let people know ... because right now they have a lot of questions that are not being answered. Vice Chairman Plummer: OK. It's very simple item that wasn't going to take much discussion. Is there anything else? Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele, you rang. Commissioner Sanchez: Nothing simple on this item. Commissioner Teele: This item is not a simple item. It has taken a lot more discussion than Commissioner Sanchez. Vice Chairman Plummer: If it had, I would not have taken it up before lunch. Commissioner Teele: And I ... this thing has been going on for years. Now, I want to try to understand several things. The City owns this facility, is that correct? Mr. Kay: That's correct. Commissioner Teele: The City is going to manage it or did we enter into management agreement with some on this. Mr. Kay: I believe we have a management agreement set up. I don't know if ..I don't think we have anyone ... we have ... we have anyone as yet. Commissioner Regalado: September. September, if I'm... Mr. Kay: Arleen can might... Vice Chairman Plummer: Not yet. Ms. Arleen Weintraub: Arleen Weintraub, Assistant Director in the Department of Planning and Development. We're right now in the middle of an evaluation process. Commissioner Teele: All right. I don't want to do anything to discuss that then. 81 July 14, 1998 Ms. Weintraub: OK. Commissioner Teele: Look, I fully agree with Commissioner Sanchez on this matter and ... and I ... I really would like to be on record, Mr. Manager and Mr ... Mr. Vice Chairman as it relates to this. First of all, this project is a hystorically significant project. I would hope, Miss. Community Development Director and Miss. Facilities Manager, I hope that you all would get together and agree that we're going to begin to fund annually historic projects from Community Development. This is a major city. We do not fund any historic projects from the Community Development Budget as historic projects. Mr ... Madam Director, have we ever funded a historic perservation project? Have we funded one this year as a historic preservation project? Ms. Weintraub: No. Vice Chairman Plummer: What about Lyric Theater? Commissioner Teele: As a historic preservation project? Ms. Gwendolyn Warren: No, sir. Vice Chairman Plummer: What ... what about Lyric? Commissioner Teele: Lyric was funded ... has been funded by Community Development but not by the City as a historic preservation project. And one of the problems that you get into is that we have not used our federal regulations properly when it comes to historic preservations. That's number one. Number 2, this project is what I continue to talk about as these capital projects which we don't have a handle on when we start them and there's nobody's fault with that, except for the fact that the way we have done business in the past is just get started and then come back for more money and that's what Commissioner Sanchez is talking about. We need to have full funding contracts with CDC's. We need to have full funding contracts with ourselves. Thirdly, the terminology in this document is totally inappropriate if this is going to be historic preservation. You don't talk about demolishing when you talks about historic preservation. You talk about restoring. And it's time, you know, that we really understood that this project is a significant project and that we should do it. I would hope that this Commission would not only approve this request but go on record today as saying we want to complete this project. We want it to be viewed as a historically significant project for the City and we want this project to be one of the center pieces of what we're trying to do in the years to come and ... and the time to deal with that would be at the management contract process, maybe not today. But I think it's important that we confer with the Mayor on this project. We know where the Mayor is on this project. Becaues one of the problems that we have in Miami is that we have not done a good job of keeping the historically significant. Let me tell you, at the County ... and not to throw the County up... but some of the most significant government buildings... where was the Summit of the Americas held? Do you know? Right in the City of Miami. Right at a facility, quite frankly, that the City should have had. What's it called. Vice Chairman Plummer: Vizcaya. Commissioner Teele: Vizcaya. And ... and what I'm suggesting to you is that these are the kinds of projects that are one of a kind and I would hope, Mr. Director, you're not going to demolish anything in this project. Your report here talks about demolishing. Do not demolish anything. Restore. Please. And I would hope that this Commission would send the kind of signal —at least I want to be on record as saying, let's make this a signature and signal project so that the people of Little Havana and the people all over this city can be proud of the fact that we have given a concern about historic preservation. And, Mr. Manager, I would hope that you would instruct Community Development and Planning and Public Works and Facilities Management to get together and to let's begin to look at a historic preservation program in this city because this is an important project. And it's no need in making it a big issue, as to Commissioner Plummer has talked about. We need to make this a significant project or we ought to leave it alone. Vice Chairman Plummer: Is there something you want to pass on this because it's on here for discussion? Commissioner Regalado: No, no, no, no. It's a resolution that we have to pass 82 July 14, 1998 Commissioner Teele: No, there's a ... there's a pocket item that's on agenda here. Commissioner Regalado: I moved it. Commissioner Gort: Second. Commissioner Sanchez: Second. Vice Chairman Plummer: All right. Commissioner Teele: But I would hope that when you all come back with the item for the management agreement that the con ... the comments about historic preservation, or commitment for funding ... and we need to go about and do this thing the right way and not doing this piecemeal because that's what we're doing now. We have no idea how much it's going to cost to complete it. And while we're on this, Mr. Vice Chairman, Mr. Manager. Vice Chairman Plummer: Sir. Commissioner Teele: This City needs to start doing business right. Now, this ... this item is a Community Development item, OK. We just did three more Community Development items. We just moved three million dollar ... I mean, three community ... CD projects. We did another one. What it's going to mean? It's got to come back to the City again and that's why we kill ourselves because we're not working smart. We're working too hard. Anything that is Community Development, CDBG must be noticed. It must be a public hearing. And what it's going to mean is that these items are going to wind up coming back again and again and it looks like we're doing a lot of work but we're just working hard. We're not working smart. Now, I would hope that, when we have items like the Manager's putting on, these technical adjustments relating to Wynwood and Allapattah, that we go ahead and get the notice out, put it in the newspaper, so that these items don't have come back two and three times. Vice Chairman Plummer: There's a motion on the floor and duly seconded. Is the motion understood? Commissioner Regalado: Yes. Vice Chairman Plummer: Call the roll. Mr. Foeman: Roll call. Vice Chairman Plummer: This Commission is adjourned until four p.m.. At such time we will be taking up Item 34 and the appointments and Virrick Gym will be the last item at 5 p.m.. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-700 A RESOLUTION AMENDING RESOLUTION NO. 98-159, ADOPTED FEBRUARY 10, 1998, AUTHORIZING THE CITY MANAGER TO REALLOCATE THE $400,000 APPROPRIATED IN THE CONTRACT WITH PINO-FONTICIELLA CONSTRUCTION CORPORATION FOR THE PROJECT ENTITLED: "TOWER THEATER REHABILITATION, B-3253, SECOND BIDDING," FROM AUDIO-VISUAL AND FOOD SERVICE EQUIPMENT, AND ADDITIONAL CONSTRUCTION WORK TO COVER THE COST OF RESTORATION OF THE FRONT FACADE AND INTERIORS OF THE TOWER THEATER BUILDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 83 July 14, 1998 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:30 P.M. AND RECONVENED AT 4:00 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, WITH THE EXCEPTION OF COMMISSIONER WIFREDO GORT AND COMMISSIONER TOMAS REGALADO. 38. (A) 'AMEND RESOLUTION 98-368 INCREASE CONTRACT WITH YMCA OF GREATER' MIAMI, INC. FROM $44,4811.00 TO $66,100.00 '- FOR YOUTH SERVICES - ALLOCATE FUNDS FROM EAST LITTLE HAVANA MINORITY YOUTH DIVERSION GRANT. (B) DIRECT CITY MANAGER TO PROVIDE POLICE OVERTIME REPORT AND TO DEVELOP FINANCIAL SYSTEMS TO TRACT OVERTIME USAGE. Vice Chairman Plummer: The only thing left for this afternoon is the following: A presentation on West Grove, the discussion after five o'clock of Virrick Gym, the appointments that run through Item 39 through 59 and Item Number 24. OK? I'm sorry? I really ... I can't bring up 24 because you're going to recuse yourself. Twenty-four is the Federal lobbyist. We can't do Virrick Gym, so I guess the only thing we can do, Mr. Manager... you got pocket ... let's do some pocket items. Mr. Teele, have you got a pocket item? Commissioner Sanchez: I have a pocket item. Vice Chairman Plummer: All right. Commissioner Sanchez: You ready? Vice Chairman Plummer: Yeah, go. Commissioner Sanchez: That's pocket item concerning the ... regarding the Professional Service Agreement, the YMCA for the provision of youth services, the enclosed resolution amending resolution number 9&638 to increase the amount approved from forty-four thousand four hundred and eighty-one dollars ($44,481) to sixty-six thousand one hundred dollars ($66,100) is necessary to include the off -duty salary of sworn police officers and other operating expenses on this item. Vice Chairman Plummer: All right. Commissioner Teele, you have a problem? I'll either second it or make the motion, either one. Commissioner Teele: I'll make the motion. Vice Chairman Plummer: I'll second the motion. Commissioner Teele: Why can't Mr. Sanchez make it? Vice Chairman Plummer: I'm sorry? Commissioner Teele: Why can't he make the motion? 84 July 14, 1998 Commissioner Sanchez: I'll move. Vice Chairman Plummer: OK. Mr. Boom Boom? Mr. Goenaga: Yes. Vice Chairman Plummer: Speaking to the motion. Commissioner Sanchez: It passed? Mr. Goenaga: Speaking to the motion, is that it is my understanding... Vice Chairman Plummer: Excuse me. The clock is not on. Mr. Goenaga: Who cares. It is my understanding, Mr. Plummer, that you set up the rules on pocket items, that before a pocket item will come, it will be reviewed by the City Manager and by cut papers (Phonetic). Vice Chairman Plummer: And it has so been done, sir. Mr. Goenaga: But, you see, I am always in the air. Vice Chairman Plummer: That's good. Commissioner Teele: Here you go. Mr. Goenaga: Like Suarez. Commissioner Teele: Boom -Boom, here you go. Vice Chairman Plummer: All in favor, say "aye." [AT THIS POINT, COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT 4:02 P.M.] Commissioner Teele: Hold on one minute. Vice Chairman Plummer: I'm sorry. Reverend Teele. Commissioner Teele: Let me ask the Manager, how much police overtime do we have this year in the budge? How much did we budget? Mr. Warshaw: In the Police budget? Well, it's five point six million total. Commissioner Teele: Overtime? Mr. Warshaw: Right. Now, there are five point one million in regular overtime, which includes court, then there's another line item for half a million for special overtime, a lot of which is... Commissioner Teele: Special events overtime is what I'm talking about. Mr. Warshaw: Correct. Commissioner Teele: How much are we ... what percentage of the budget are we on that? Mr. Warshaw: Well, we had this discussion at a previous meeting and we've supplied a report. It's a little bit confusing because lot of this money is reimbursable. So, in other words, when we have a Federal grant, let's say this one, which is state of Florida Juvenile Justice money, these officers work overtime the. The overtime goes against our overtime budget but the revenue is taken in on the other side of the ledger. So, in 85 July 14, 1998 reality, you've got to look at how much of these monies are reimbursed and from where. We also get Federal reimbursements for overtime for... Commissioner Teele: Is there a particular reason you didn't answer the question or is this ... I mean, I ... how much overtime have we budgeted for special events? You said a half a million dollars. Mr. Warshaw: Correct. Commissioner Teele: As of where we are now in the fourth —three quarters into the fourth, where are we in this account? Mr. Warshaw: Commissioner, that's... Vice Chairman Plummer: Seven point two. Mr. Warshaw: That's a very difficult question to answer for a couple of reasons and I'll be glad to expound on it. We're not necessarily over. We used... Commissioner Teele: I didn't ask if you're over. I just said ... I asked a very neutral question. How much of the one point five ... did you say one point five or five hundred thousand? Mr. Warshaw: Five hundred thousand, plus the five point one, which is the... Commissioner Teele: OK. How much of the five hundred thousand... because that's what we're talking about ... is special events overtime? How much special events overtime have we spent in the budget this year? Is there a budget officer here? Is there a finance director here? Mr. Warshaw: I'll get you the numbers. And, again... Commissioner Teele: There is a budget officer. The five hundred thousand dollars ($500,000.00) in the budget, as relates to police overtime for specially events ... I'm not talking about crime suppression and... how... where are we on the budget? How much of the five hundred thousand have we spent? Just a simple question. Mr. Parekh: We spent in excess of one point two million. We're projecting about one point five million, at least, on special events overtime. Mr. Warshaw: But, again, I must qualify for the record that we are not over on that line item, it's being charged against the five hundred thousand dollars ($500,000.). We early on, in the first quarter of the year, used salaries savings money before we hired police officers to do a fifth day beat in several of the neighborhoods in the City because we didn't have officers working at that point. Those dollars were charged against this line item, so while it shows the overage, that's not a true expenditure. Commissioner Teele: Mr. Manager? Mr. Warshaw: Yes, sir. Commissioner Teele: Do we have financial systems in place so that we can track this on at least a quarterly basis? Mr. Warshaw: Yes, sir, we do. Commissioner Teele: And can we get a report next ... at the next Commission meeting? Mr. Warshaw: Absolutely. Commissioner Teele: On where we are on this? Mr. Warshaw: Yes, sir. 86 July 14, 1998 Commissioner Teele: All right. And, again, I support what I think Commission Sanchez is trying to do but I just think we need to know where we are in that account. Mr. Warshaw: I agree. Commissioner Teele: And here I think is a classic example of why we really need systems. Because what he's saying ... what Commissioner Sanchez is saying, is that he wants to do this and he wants to pay for it out of the trust fund money but once the money is expended, we need an online system that can track the dollars so that we're not booking something that is three hundred percent or four hundred percent over the budget. Mr. Warshaw: See, this is a grant but, yet, even though it's a grant, when the individual officers work, the money gets charged against the special event overtime budget, even though it's being reimbursed on another column on the revenue side. I just wanted to show you ... state for the record that these monies are accounted for by revenue from the Florida Department of Juvenile Justice. Vice Chairman Plummer: Commission Teele. Commissioner Teele: And the only thing that I'm saying is that, we ought to get online with this so that... Vice Chairman Plummer: Commissioner Teele, you'll never get an answer. In 28 years that I've been here, I've asked the same question and you're not going to get an answer. We are approximately 150 percent over the budget amount of overtime. But you'll not get a true answer. Now, what they tell you is, they can't tell you because this hand doesn't know what this hand is and this hand is over on the other side and we're hoping for reimbursement here. Commissioner Teele: But why do we have a budget office? Why do we have a finance office? I mean... Vice Chairman Plummer: Oh, you know after the fact. Once you get the audit, you know. But they can't tell you during the year. Commissioner Teele: But does the technology... Mr. Dipak, does the technology exist for an outside agency, such as budget... there's no reason to have a budget office if every department is keeping its own budgets and there's no accountability, no check and balance. Is there ... does the technology exist for us to be able to track this so that we can provide the other entry on the other side of the ledger so that we know where we are? Mr. Parekh: Absolutely. Vice Chairman Plummer: Absolutely. Commissioner Teele: Then why don't we do it? Vice Chairman Plummer: Dollars. Commissioner Teele: Mr. twenty-eight years. Vice Chairman Plummer: Because of dollars. You see, you've hit one of the things right on the head. The Miami Police Department, right or wrong, have their own budget department and its separate and aside from our budget department. Commissioner Teele: But everybody's got their own budget department. I mean, that's the problem. Vice Chairman Plummer: Not like the Police Department, OK. I mean, they have their own budget. They have their own legal department. Commissioner Teele: Come on. Vice Chairman Plummer: I'm sorry? Who is the legal advisor to the City of Miami Police Department? 87 July 14, 1998 Mr. Maxwell: The Assistant City Attorneys. Vice Chairman Plummer: And what is she ... who does she answer to? Mr. Maxwell: City Attorney. Vice Chairman Plummer: Bull. Mr. Maxwell: The City Attorney. Vice Chairman Plummer: Yeah? After, after, after. We've been through that before. Look, all I can do is try to answer your question. Tell the Commissioner, Mr. Dipak, where are we today on overtime in the Police Department? We know what's budgeted. Mr. Parekh: Normal overtime is five point one million. Special events, we are projecting in excess of one point five million. Vice Chairman Plummer: And does that not put us over a hundred percent? Mr. Parekh: Absolutely, on special events. Vice Chairman Plummer: What are you projecting by the end of September? Mr. Parekh: As I said, the projection is at least one point five million dollars ($1,500,000.00). Vice Chairman Plummer: That's as close as you're going to come. OK. The motion understood? Mr. Goenaga: I still have one minute and thirty five seconds under budget. My other question is that... Vice Chairman Plummer: Personal question has been called. It will be called. Mr. Clerk, call the roll. The question was called. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-701 A RESOLUTION AMENDING RESOLUTION NO. 98-638, ADOPTED DUNE 23, 1998, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE GREATER MIAMI YMCA, INC., TO INCREASE THE FUNDING ALLOCATED FOR THE PROVISION OF YOUTH SERVICES FOR THE DEPARTMENT OF POLICE FROM $44,481.00 TO $66,100.00; ALLOCATING FUNDS THEREFOR FOR SAID SERVICES FROM THE EAST LITTLE HAVANA MINORITY YOUTH DIVERSION GRANT, ACCOUNT CODE. NO. 142020.291401.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 88 July 14, 1998 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 39. PRESENTATION IN CONNECTION WITH POLICE iPROGRESS ON WEST GROVE -'FURTHER DIRECT ADMINISTRATION TO SCHEDULE SIMILAR REPORTS FOR SECOND COMMISSION MEETING OF EACH MONTH. Vice Chairman Plummer: Do you want to go to more pocket items or do you want to go into the regular? Commissioner Regalado: I have a pocket item. Vice Chairman Plummer: Well, I think we all do but we were only waiting for you to get here for pocket items. Well, let's do it right, OK. Mr. Combo, who is doing the West Grove Presentation? Mr. Warshaw: It'll be done by a combination of the NET Administrator, Thelma Edwards, and the NET Lieutenant, Dan Watkins. Commissioner Regalado: OK. Excuse me. So you're going to do pocket items afterwards? Vice Chairman Plummer: Yeah, hopefully before five o'clock if people don't talk too long. Approximately, how much time? Mr. Warshaw: How much time do you need? About 10 minutes. Vice Chairman Plummer: Ten minutes. You're on. Set the clock, please. Ms. Thelma Edwards: Don't clock me. Good grief. Vice Chairman Plummer: You heard me. Set the clock. Ms. Edwards: OK, thank you. My name is Thelma Edwards. Southwest Coconut Grove NET Administrator. The Southwest Coconut Grove NET Administrator. And from the recent Commission meetings, Commissioner Plummer has really bombarded us with a lot of issues. Those are not issues that we have not seen or that we have not been working on and these are just issues that have been brought to the forefront. The open drug market and... along Grand Avenue has moved through the neighborhood, illegal dumping, unemployment, abandoned houses and a lot of overgrown lots. Well, these are the same issues that are throughout every target issue, but we're ... what I'm going to do today is let each one of the departments tell you what they... Vice Chairman Plummer: Excuse me. Ms. Edwards: Yes. Vice Chairman Plummer: Mrs. Edwards, the request from this Chair... Ms. Edwards: OK. Vice Chairman Plummer: Was in reference to zero tolerance. 89 July 14, 1998 Ms. Edwards: Zero tolerance. Vice Chairman Plummer: Nothing else. Ms. Edwards: Nothing else. Vice Chairman Plummer: That's what I want to hear. Ms. Edwards: OK. You'll get that from the Police Department. Vice Chairman Plummer: It's my request. That's what I want to hear. And if some other Commissioner wants something else, he can ask for it likewise. Ms. Edwards: Fine. Well, then zero... Vice Chairman Plummer: I want to know zero tolerance, as you're very much aware at the town meeting that we had in Coconut Grove... Ms. Edwards: Thursday. Vice Chairman Plummer: That is utmost point on people's mind. Ms. Edwards: OK. Vice Chairman Plummer: So take it from there. Ms. Edwards: OK. But then, if that's all you want to hear, that's all you'll get. I think that Lieutenant Watkins s, who is our area lieutenant, has done a fantastic job on his report and he will give that to you. Vice Chairman Plummer: Thank you, ma'am. Ms. Edwards: Lieutenant. Lieutenant Daniel Watkins: Good afternoon. I'm Lieutenant Daniel Watkins, Miami Police Department. I'm the Commander of the Coconut Grove NET area. Before you there's a package in a green cover. If you take a look at inside, you'll find the West Grove... actually, it's blue. Vice Chairman Plummer: Green or blue? Lieutenant Watkins: Make it blue. Vice Chairman Plummer: Oh, here it is. Commissioner Sanchez: It is this one? Vice Chairman Plummer: West Grove ... ifs titled West Grove Drug Plan Zero Tolerance, July the 14. Go ahead, Lieutenant. Lieutenant Watkins: I'd like to start off by reviewing this very quickly. If you could turn to page one. Vice Chairman Plummer: That's a good place to start. Lieutenant Watkins: What you're going to find there is the number of arrests that have been made in the West Grove only. These arrests are done from January through June of this year. As you move down the page, you will find the West Grove arrests for June, '98. Felonies, misdemeanors, summons and vehicles towed. Next to the vehicles towed, you will find eligible for VIP is 17. In June of this year, the Miami -Dade Housing Agency was granted a grant from the Federal Government of twenty thousand dollars ($20,000.00) to pay for overtime for officers to work in their properties. Their properties are located at the corner of Douglas and Dixie and also on Oak Plaza ... or correction, Oak, Pursavil and Day. Right below in 90 July 14, 1998 the third section you will find the number of arrests made in the housing agency only. Again, and that's in the West Grove. And at the bottom you will find the number of arrests from June ... July 1st through July 12th. Now, let me just make a note here. These arrests here on these pages are the number of arrests made by uniform officers in uniform patrol cars. These are not undercover arrests. On the next page, on page two, you'll find the number of arrests made by undercover or the Crime Suppression Teams for the West Grove only. The reason I bring up these statistic is that we're bombarded at the last town hall meeting about the drug problem and not doing anything. As you can see by these statistics, we are doing something. Have we made a dent in the problem over there? Not yet, but we're working on it. Now, let's get back to our drug plan, the zero tolerance. If you turn to page five, a memo was generated by myself to the Chief in reference to proposals of how to fight the crime or fight drugs in the West Grove. At the bottom of this memo, you will see proposals for dealing with illegal drugs sales in the West Grove. You will also see checks by the four on page five and if you turn to page six, you'll find a number of checks. Those checks indicate that these are no longer proposals, but they are already enacted and they are in process of being done right now. We also worked very closely with the NET administrator in the West Grove, Miss Edwards, to deal with abandoned houses, code violations, and we share information on to different locations. Page eight you'll find a memo in reference to the twenty thousand dollars ($20,000.00) overtime that we received from the Federal Government on the ... for the housing agency. And on page nine ... we'll get to the meat of it ... what we're planning to do in the West Grove to curb the illegal sales of drugs. What we're planning on doing and we've already started is moving west from McDonald toward Douglas on Grand Avenue. And we're going to deal with just Grand Avenue at this time. Every single day, seven days a week, 24 hours a day. As Grand Avenue is cleaned up, what we're going to do then is, we're going to move south toward Thomas, Plaza and Williams and Hibiscus, where we have a problem. At the same time, officers working overtime will be working in the housing project, which is north on Dixie Highway and Douglas. We're going to work north until we meet up. Eventually... hopefully, driving the drug dealers out of the West Grove. Vice Chairman Plummer: OK. I hope you don't spend too much time on Grand Avenue because that's not where the drugs are being sold. But if you spend some time and you start moving out, I think you'll make a dent. Chief, I'm going to ask that the second agenda of each Commission meeting, for the next six months, you will be here making a report on what is being accomplished, as I promised the people in the town meeting the other day. Thelma was there and the Lieutenant was there ... that we're going to have a report card. We're going to see if what we promised the people in that town hall meeting is, in fact, being done and has it being producing results. Lieutenant, I thank you and from my personal ... and I don't care if you do it with other Commissioners ... for at least the next 60 days, I want a daily report each day of the arrests that are made and what for in West Grove, OK? Lieutenant Watkins: Got it. Vice Chairman Plummer: Does anybody else have any other questions in reference to West Grove? OK. Thank you, sir. Lieutenant Watkins: Thank you. Mr. Warshaw: Thank you. 40.DISCUSS / DEFER TO MEETING OF JULY 21, 1998 CONSIDERATION OF AGENDA ITEM 24 (SELECTION OF MOST QUALIFIED FIRM TO PROVIDE GOVERNMENT LOBBYING AND CONSULTING SERVICES FOR CITY.) Vice Chairman Plummer: OK. Next item that we're going to handle is Item 24, which is the selection... Item 24. And this is the picking of the Federal Government lobbying and consulting services for the City of Miami. Mr. Castaneda? Mr. Frank Castaneda: Yes, sir. Vice Chairman Plummer: Do you wish to make comment? Mr. Castaneda: Well, as Election Committee, represented by Raymond Martinez from the Police Department, Gwendolyn Warren and from non -city staff of Luis Moises and Mike Abrams and Patricia Ann selected the number one firm as Katz, Kutter, Hagler, Alderman, Bryant and Yon, PA and Rick Spees and, 91 July 14, 1998 as in number two firm, the firm of Greenberg Traurig. The Committee felt that the two firms, working together, could provide more bang for the dollar. They felt that the Katz, Kutter firm was stronger in the legislative side and they felt that the Greenberg Traurig firm was stronger on the executive side and they felt that by contracting with both firms, the City of Miami could get better representation in Washington. Commissioner Regalado: Excuse me? Vice Chairman Plummer: All right. Mr. Regalado. Commissioner Regalado: How is this going to be done? Is it going to be 50/50? I mean, I'm talking in money wise. Mr. Castaneda: Well, that's what we're asking here, is authority to negotiate an agreement between the two parties. That is not clear and we need to... Commissioner Regalado: No. But then, I won't vote for it because it has to be clear. Greenberg, Traurig is a local firm in the City of Miami. They know this city. So it's either 50/50 now or ... I mean, to divide ... I know that maybe they going to say, well, we have to lobby Congress more than the executive branch but I just don't think ... I won't vote just knowing... Mr. Warshaw: Commissioner, if that's ... if the stipulation of the Commission is that that's the way you want us to administer the contract, on a 50 percent/50 percent basis, then that's the way... Commissioner Regalado: I wouldn't. Vice Chairman Plummer: Can I ask a question, please? The Greenberg, Traurig firm has an office in Washington? Mr. Castaneda: Yes. Vice Chairman Plummer: All right. The other office of KKHAB and Y... mr. Castaneda: Right. Vice Chairman Plummer: ...do they have a Miami office? Mr. Castaneda: No, they don't. Their closest office is in Orlando. Vice Chairman Plummer: How long am I going to have to drive it home around this place that, I want to spend my money with people who make the money in this town? Commissioner Regalado: OK. Then I... Vice Chairman Plummer: Excuse me. I don't want to vote for 50150. Commissioner Regalado: Well, I have a ... I'll bring a motion. Vice Chairman Plummer: If Greenberg, Traurig needs help and they want to include this firm in to help them on any of this lobbying, that's fine with me. But let me tell you something,Greenberg, Traurig makes their living in this town and they spend their money in this town. The other firm doesn't even have an office in this town. Now, I ... you know, Mr. Manager, I want to tell you, sir, as long as you're sitting in that chair, you better know that this man's feeling. I have taken a lot of heat in the past about it also, by the way and I'll take heat in the future and I don't mind a damn bit. But I want to do people... business with home folks. That's the way I was born and the way I was raised and that's the way I do business. You take it from there. Commissioner Regalado: OK. If I can entertain a motion. I don't know the will of the rest of the members of the Commission. 92 July 14, 1998 Vice Chairman Plummer: Mr. Teele. Commissioner Regalado: But I would... Commissioner Teele: Excuse me. Before you make a motion. Commissioner Regalado: Sure. Commissioner Teele: Does either firm represent the County? Mr. Castaneda: Yes. Commissioner Teele: Which firm? Mr. Castaneda: Greenberg, Traurig. Vice Chairman Plummer: You feel there could be some conflict there? Commissioner Teele: Look, J.L... I mean, I chair the Governmental Committee for the County that selected Greenberg. I would bet my professional reputation on Greenberg, but I got to tell you, there's one pot of money and, trust me, when Washington is cutting the pie, they don't ... they cut one part for Florida. One part for South Florida. Now, unless somebody's going to give us some assurances we're not going to be, you know, the runt of the litter here... Vice Chairman Plummer: Well, the man who can answer that is sitting in the third row. Mr.Traurig, come to the microphone, please. Commissioner Teele: You know, and ... I mean... Vice Chairman Plummer: Mr. Teele would like to know that we're not going to be the runt of the litter. Commissioner Teele: And I really want to know what the Mayor thinks because I believe, very strongly, very, very strongly, that we need to transition between in a Commission/Manager form of government and an Executive Mayor form of government and I have said this ... I said this as related to the state lobbying contract. I'll say it here again. I believe that in the area of external representation, the Mayor of the City is the person, particular head of this City and that firm that represents this City should have a working and a close relationship with the office of the Mayor. I ... as relates to the City Attorney, for example, I don't think the Mayor should have anything to do with the selection of the City Attorney. Said that then. Said it again. I mean, there's a different role here. But the Mayor of this City should have the first and the last word, as far as I'm concerned, on the external representations of this City because at the end of the day, he's got to go to Washington and stand, you know, in the rose garden or in the outhouse on behalf of the City of Miami and he needs to stand with people that he has confidence in. And so I don't mean to ... Nester, I know you're here as the eyes and ears and whatever. But I think that's a very important consideration and I, for one, am going to want to know which way the Mayor of the City of Miami feels and what his judgment has been. Do you know what the Mayor feels on this, Mr. Director? Mr. Castaneda: No. Commissioner Teele: Have you all conferred with the Mayor? Mr. Castaneda: I have not. Vice Chairman Plummer: All right. Let's see if we can proceed. Mr. Traurig, if you'd like to give a brief presentation, keeping in mind that the Mayor is not here to make his opinion known, which he cannot do at these meetings anyhow. He does reserve the right of veto and whatever this Commission may or may not do. So if you'd like to take two minutes to speak to Mr ... to the Commission about why they should have a feeling of comfort with your firm, and directly why it relates to the County. Mr. Robert Traurig: Thank you, Commissioner. For the record, my name is Robert H. Traurig. I'm an 93 July 14, 1998 attorney at law with offices at 1221 Brickell Avenue. And I would first like to introduce to you Howard Vine, who I would ask to join me here, who is the lawyer in charge of the Washington office ofGreenberg Traurig, who has a splendid background in both legislative and administrative matters involving the Federal Government. I would say to you that the question which Mr. Teele has raised is a question of whether or not we would be capable of coordinating the efforts of the City and the County if both the City and the County were being considered for certain Federal grants. And the answer is absolutely yes, but I would like Mr. Vine to address you for just a moment because of his unique background in representing municipal governments, not only in Florida but elsewhere in the country in Federal matters. So it's my pleasure to introduce Howard Vine. Mr. Howard Vine Thank you, Bob. I'll keep my comments very brief. We very much appreciate the opportunity to appear before the Commission and we are very anxious to be the representative for the Commission. We currently represent ... we are very attuned to these issues of conflict of interest and we deal with them everyday and quite effectively. We currently represent the County on all its matters in Washington. We represent Prince Georgia's county in Washington; Oakland, California in Washington. Denver Colorado. And it has become very clear to us that we should certainly be representing the City of Miami, consistent with the work that we're doing for the County. We've discussed this with the County Manager's office. We have a very good relationship there and we believe that the issues and interests of the City need, fundamentally, to be most compatible with the County as the County goes about its advocacy program in Washington and to the extent that we can facilitate that coordination, communication and effective lobbying, we think that the City will gain a great multiplier by having us on the stage. Vice Chairman Plummer: You know, I'm not a lawyer and I respect Commissioner Teele's opinion because he is a lawyer and he was in Washington. You know ... but I always have thought and always have been understood, that the only way you measure results ... the only way you measure the intelligence is through results, OK. And the only way I can measure what you do or you don't do is through the results you produce and I think that really is to whether I would ever use you again or not or if I found, in fact, that you were not doing what I thought you would for the City. But, here again, I'm willing to make a motion. Mr. Teele, if you ... I don't know how you feel. There's only three of us here. Commissioner Teele: I'm very high on the firm. I'm particularly interested in knowing how the Mayor feels. Have you all talked to the Mayor on this, Mayor Carollo? Mr. Traurig: I have not, Commissioner. Vice Chairman Plummer: All right. This is a resolution. Mr. Vilarello: This is a resolution authorizing the City Manager to negotiate with both firms and to come back with an agreement that can be modified at the discretion of the Commission. Vice Chairman Plummer: OK. Well, it's going to be modified. All right. Let's see if I can appease that it will be a motion ... a resolution that the law firm of Greenberg and Traurig, who has offices both in Miami and Washington, be the lead legal for the City of Miami as it comes to governmental ... Federal Governmental action and that should they need assistance, they will, in concert with the City Attorney, select others and that this matter is subject to the Mayor expressing his thoughts within 72 hours, if he wishes. So that...I mean, we know he has veto right, that we know. But we have another meeting on the 21 st. So I'll make it the form of a motion. Commissioner Regalado: I will second it. Vice Chairman Plummer: OK. Mr. Vilarello: Then it's a resolution authorizing the Manager to negotiate and enter into an agreement Greenberg, Traurig? Vice Chairman Plummer: No. Negotiate and come back here. No, no, I'm not going to give you a blank check. Mr. Vilarello: It's not a blank ... this resolution is written in an amount not to exceed a hundred thousand 94 July 14, 1998 dollars ($100,000.00) Vice Chairman Plummer: You negotiate with him and come back here and that'll be maybe whether we should do as far as the Mayor's concerned. Commissioner Teele: I would be comfortable with that arrangement because then there's a trigger. I don't think the Mayor should be in the position of having to veto an action. If the Mayor' wants number five firm, I'm going to support the Mayor, not because of who the Mayor is but because of the office of the Mayor. I think its very important that this Commission establish some decorum and some rules that respect the office of the Mayor, just like I think this Commission, which is choked up in the past on this issue, needs to establish independence from the Mayor on certain matters. Vice Chairman Plummer: OK. Commissioner Teele: With that provision, if the Mayor doesn't want it, I'm going to be bringing it back asking that it be rescinded so... Vice Chairman Plummer: All right. So, as it stands right now, we'll send it to the City Manager for negotiations and have it on the 21 st agenda, OK? And, in that... Commissioner Regalado: What you're saying is thatGreenberg, Traurig is going to be the lead? Vice Chairman Plummer: They're going to be the lead... Commissioner Teele: They're going to negotiate with Greenberg. Vice Chairman Plummer: And if they need any help, they'll be the ones who'll come back to us and will suggest to us. Commissioner Regalado: All right. Vice Chairman Plummer: OK. Commissioner Regalado: I'll second the motion. Vice Chairman Plummer: Motion understood? Mr. Warshaw: Yes, sir. Vice Chairman Plummer: OK. And have it on the agenda for the 21st and then, if the Mayor wishes to say anything in relation to it, when it comes back in its final form. Mr. Warshaw: There's just one thing I want to point out. The agenda goes to print first thing tomorrow morning. Vice Chairman Plummer: Then get it in. It's done. Vice Chairman Plummer: It's done, OK? All in favor, say "aye." Thank you. We'll see you on the 21st. Hopefully, we'll see you on the 21st. 95 July 14, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-702 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE THAT THE FIRMS OF KATZ, KUTTER, HAGLER, ALDERMAN, BRYANT & YON, P.A., RICK SPEES, INC. AND GREENBERG TRAURIG, ET AL. ARE THE MOST QUALIFIED FIRMS TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES FOR THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH GREENBERG TRAURIG, ET AL., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR AN INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $100,000.00, AND TO SCHEDULE SAID NEGOTIATED AGREEMENT BEFORE THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL. (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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: Commissioner Joe Sanchez ABSENT: Commissioner Wifredo Gort 41. APPOINT SAM MASON AND RICARDO CORE TO AFFIRMATIVE ACTION ADVISORY BOARD.'' Vice Chairman Plummer: Now we go again to appointments. I will not be making any appointments today, so it's up to my colleagues who wish to make appointments. And the first one is on the Off -Street Parking Authority. It is for an at -large appointment. Mr. Foeman: That ... excuse me. That item was withdrawn. Vice Chairman Plummer: Item withdrawn. The next is the Affirmative Action. Mr. Regalado, you have one and Sanchez you have two, if you wish to provide today. Commissioner Sanchez: Vice Chair, I'd like to make an appointment, and nominate Sam Mason to the board. Vice Chairman Plummer: OK. Just one? Commissioner Sanchez: Just one. Vice Chairman Plummer: You have one left. Commissioner Sanchez: Defer. Vice Chairman Plummer: Mr. Regalado, you have any? 96 July 14, 1998 Commissioner Regalado: Affirmative Action. Vice Chairman Plummer: No. Yes. Commissioner Regalado: Ricardo Core. Vice Chairman Plummer: All right. Commissioner Teele: So moved. Vice Chairman Plummer: Motion made to approve the names submitted. All in favor, say "aye.". The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-703 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 42. APPOINT TESSI GARCIA•SMITH TO LATIN QUARTER REVIEW BOARD. Vice Chairman Plummer: Latin Quarter Review. Mr. Sanchez, you have two. Mr. Teele, you have one. Commissioner Sanchez: Defer at this time. Vice Chairman Plummer: Defer to the next meeting. Mr. Teele? Commissioner Teele: Tessi Garcia -Smith. Vice Chairman Plummer: Tessi Garcia -Smith. Motion made to approve the names surrendered. All in favor, say "aye." 97 July 14, 1998 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO.98-704 A MOTION CONFIRMING THE APPOINTMENT OF TESSI GARCIA-SMITH AS A MEMBER OF THE LATIN QUARTER REVIEW BOARD, AS STIPULATED IN RESOLUTION NO. 98-600. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 43. DEFER APPOINTMENTS TO INTERNATIONAL TRADE BOARD. Vice Chairman Plummer: International Trade Board. Mr. Sanchez, you have three and Teele, you have one. Commissioner Sanchez: At this time, I'd like to defer all three of them. Vice Chairman Plummer: All right. Mr. Teele? Commissioner Teele: Now, which one do I have? I thought I had Dwayne Wyn on that. Vice Chairman Plummer: You do. Everybody gets three. Mr. Foeman: You have one pending, Commissioner. Bobby Mumford resigned ... she refused to serve. Commissioner Teele: But Gwen and Despinosa are still on, right? Vice Chairman Plummer: That is correct, sir. Commissioner Teele: Well, I'll defer mine. Vice Chairman Plummer: All right. 44, APPOINT AND REAPPOINT NAMES PROFERRED TO COMMISSION ON THE STATUS OF WOMEN. Vice Chairman Plummer: Well, now go to Item 42. Each member of this Commission has on the Commission on the Status of Women. Commissioner Regalado, you have five. Commissioner Regalado: Yes. I ... If I can find the paper, I'll give it to you. Vice Chairman Plummer: Commissioner Teele, you have five. Commissioner Sanchez, you have five. Commissioner Sanchez: Vice Chair, at this time, I'll defer all five of them. Vice Chairman Plummer: Defer. 98 July 14, 1998 Commissioner Regalado: OK. I have the five. Vice Chairman Plummer: You have your five. Name them. Commissioner Regalado: Allyson Warren, Jean Whipple, Susanne Torriente, Racheal Isan, Maricela Carballo. Vice Chairman Plummer: Mr. Teele? Commissioner Teele: So move. Vice Chairman Plummer: No, do you have yours? You're going to defer yours? Don't you want to put Boom Boom on the... Mr. Goenaga: No, no, Martha Flores. Vice Chairman Plummer: Oh, OK. Motion made to names accepted. All in favor, say "aye.". NOTE FOR THE RECORD: COMMISSIONER TEELE RE -APPOINTED TESSI GARCIA-SMITH, WHOM HE HAD ALREADY RE -APPOINTED ON 6-9-98. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-705 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 45! 'DISCUSS DEFER APPOINTMENTS TO FEDERAL ENTERPRISE ZONE. Vice Chairman Plummer: OK. Federal Enterprise Community Council. Commission at large. Little Havana would be Mr. Sanchez. Overtown would be Mr. Teele. And Wynwood would be mine. Mr. Sanchez? Commissioner Sanchez: Defer at this time, Vice Chair. Vice Chairman Plummer: Mr. Teele? Commissioner Teele: Mr. Demas Jackson. Vice Chairman Plummer: Demas Jackson. Motion made to approve the names surrendered. Mr. Foeman: Excuse me, Commissioner. Excuse me. Commissioner Plummer, the Commission has two options on this particular board. They can either reappoint existing appointees or they can submit resumes 99 July 14, 1998 from their respective areas. Each of the three. Vice Chairman Plummer: OK. Commissioner Teele: Who's occurring? Mr. Foeman: I'm sorry? Commissioner Teele: Who's occurring? Mr. Foeman: Well, the two ... the three expired terms are from Wynwood, Overtown and Wynwood was Mr. William Rios. Commissioner Teele: Overtown. Mr. Foeman: OK. Overtown was Reverend John White and Little Havana was Frank Johnson. If you don't... Vice Chairman Plummer: Who was Wynwood? Mr. Foeman: William Rios. He was the current one. So either you can submit resumes and those will be forwarded over to the County for those three pending areas. Commissioner Sanchez: Mr. City Clerk, who was assigned to Little Havana? Mr. Foeman: Frank Johnson. His term is expired. Expired in March,'99. Vice Chairman Plummer: All right. Where are we? Mr. Teele, you have a name? Commissioner Teele: No. Vice Chairman Plummer: Mr. Sanchez, have you a name? Commissioner Teele: But what he said is, you don't submit a name. Mr. Foeman: Yeah. What you need to do is, you need to submit resumes in the ... of those individuals you want to select and then those would be forwarded over to the County. Vice Chairman Plummer: OK. Would you please get a resume for Dorothy Quintana for me, please? 46. DISCUSS/DEFER APPOINTMENTS TO BAYSIDE MINORITY FOUNDATION.' Vice Chairman Plummer: All right, so we'll move on. Bayside Park Minority. The Commission at large. Who's the empty seat by? What's the name? Mr. Foeman: The name was Christina Barrios. Maria Christina Barrios. She was formally appointed by the Commissioner Kennedy at ... back in 1986. These terms were indefinite, so now... Vice Chairman Plummer: She's resigned? Mr. Foeman: No. She resigned but she actually was reappointed by the Rouse Company because they have five seats also. So the Commission vacancy ... the Commission now has a vacancy because of her reassignment on Rouse Company's board. Vice Chairman Plummer: Anybody got a name? All right. Commissioner Regalado: I would rather defer this. Vice Chairman Plummer: We'll defer it out. 100 July 14, 1998 47. APPOINT MANOLO REYES AND JOE CELESTIN TO BUDGET AND FINANCES REVIEW COMMITTEE. Vice Chairman Plummer: OK. The next one is Budget and Finance Review Committee. Sanchez and Teele. Commissioner Sanchez: I have one. Vice Chairman Plummer: You have one? Commissioner Sanchez: Manola Reyes. Vice Chairman Plummer: Manola Reyes. Now, that's the younger one. Commissioner Sanchez: I believe so. Vice Chairman Plummer: Not the one from Mercy Hospital? It's the young one. I'm sure it is. He's a CPA. OK. Mr. Teele? Commissioner Teele: Joe Celestin. Vice Chairman Plummer: All right. Motion made made for the acceptance of the names that have been proffered. All in favor, say "aye.". The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-706 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BUDGET AND FINANCES REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 48.DISCUSS/DEFER APPOINTMENTS TO AFFORDABLE HOUSING ADVISORY COMMITTEE. Vice Chairman Plummer: Miami Affordable Housing Advisory Committee. Sanchez one and two at large. Commissioner Sanchez: Defer my appointment at this time. Vice Chairman Plummer: OK. Who are the two at large? Are they up for reappointment or what? Mr. Foeman: Well, there's two citizen category seats. The former one was Agustin Dominguez' term had expired. 101 July 14, 1998 Vice Chairman Plummer: And the other one? Mr. Foeman: And there was a vacancy. Vice Chairman Plummer: All right. 49. APPOINT MARIO MARTI TO CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD. Vice Chairman Plummer: We'll turn it over to now Item 47. And this is a Citywide Development Advisory Board. Regalado, one. Sanchez, two. Commissioner Regalado: Mario Marti. Vice Chairman Plummer: OK, Marti. Commissioner Regalado: Marti. Vice Chairman Plummer: Marti. Commissioner Sanchez: Which one is this? Vice Chairman Plummer: This is the Citywide Advisory Board. Citywide Community Development Advisory Board. Commissioner Sanchez: Defer both of mine at this time. Vice Chairman Plummer: Defer both, OK. Motion made to approve the name proffered. All in favor, say if " The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-707 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 50. APPOINT RON ARANGO TO COCONUT GROVE STANDING FESTIVAL COMMITTEE. Vice Chairman Plummer: Coconut Grove Standing Festival Committee. Sanchez only. Commissioner Sanchez: My appointment will be RonArango. Vice Chairman Plummer: Ron Arango. The name proffered be approved. 102 July 14, 1998 Commissioner Sanchez: Move. Vice Chairman Plummer: All in favor, say "aye." All opposed? The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-708 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE STANDING FESTIVAL 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 51. 'DEFER APPOINTMENTS TO CODE ENFORCEMENT BOARD - DIRECT ADMINISTRATION TO 'INVITE CODE ENFORCEMENT BOARD MEMBERS TO FIRST COMMISSION MEETING IN OCTOBER, 1998. Vice Chairman Plummer: Code Enforcement Board. Teele, one. Two at large. Teele? Commissioner Teele: Pass. Vice Chairman Plummer: Pass. Who are the ones on the ... atlarge? Mr. Foeman: Deborah Valledor was ... had resigned and... Vice Chairman Plummer: All right. That was mine. Mr. Foeman: Rose Pujol. Commissioner Teele: No, those are at large. Mr. Foeman: Those are the two. She was originally nominated by you, Commissioner Plummer, Deborah Valledor. Vice Chairman Plummer: Yeah, Pujol. Mr. Foeman: And Pujol. Vice Chairman Plummer: Right. Commissioner Teele: But that wasn't his appointment. That was at large. Mr. Foeman: No, it was just ... it was ... both were at large appointments but Commissioner Plummer 103 July 14, 1998 proffered the names. Vice Chairman Plummer: Yeah. And, originally, Art, she was an alternate member,Pujol. And if there's no objection, I would like to re -nominate her for the Commission at large as one of them. Commissioner Regalado: OK. Second. Commissioner Teele: But the problem is ... did you read the notation as to why she's off? Vice Chairman Plummer: No. Commissioner Teele: Doesn't come to meetings. Mr. Foeman: She's excessively absent so ... and that's... Vice Chairman Plummer: Well, if that's the case, I don't ... I will not put her name in. No way. Mr. Foeman: Yeah. It would require a four/fifths vote of the full Commission. Vice Chairman Plummer: All right. I'll find out if she's definitely interested, fine. If she's not, I won't. And I'll find out before the next time it comes up. Commissioner Teele: How is Code Enforcement Board doing, Mr... Vice Chairman Plummer: Not worth a damn. Commissioner Teele: Mr. Attorney or Mr. Manager, is that board functioning and operating smoothly? Vice Chairman Plummer: They're doing what they want to do. If you watch them on TV and I'll just ... I'll interrupt, OK. They're still reducing fines to little or nothing. They're not imposing in any way, shape or form immediate compliance. We passed a rule here ... we passed a rule here that said in the fourth month, if they're not in compliance... Commissioner Regalado: We got a board member here, Chuck McEwan Vice Chairman Plummer: ...that we go into foreclosure... that we go into foreclosure. Haven't seen any foreclosure yet. We're still waiting. We spend a million dollars ($1,000,000) for a board that really is not effective. Mr. City Attorney, now you go ahead and answer his question, which way you feel. Commissioner Teele: Well, why don't we invite the board for a joint meeting, say the first meeting in October, and try to start the year off with some degree of ..and lay these issues out, J.L., because-1 mean, it's a learning process for me but sometimes these board members don't hear from us, so they don't know how we view... Vice Chairman Plummer: Oh, they hear from me because I appear before their board. Commissioner Teele: Yeah, but you would speaking for all of us. If we bring them here and ask them to have a joint meeting with us, it ... I mean, this is a real problem that we have in the community. Vice Chairman Plummer: All right. Yeah, because I want to start more code enforcement... more boards. I think we need a multiple of boards and I'm going to be making a proffer in that very, very quickly because if, in fact, the City Manager Combo does what I'm suggesting about Fire Department going out and doing code enforcements, which they did before ... let me tell you, the reason they had to stop before, they found so many code enforcement violations, the board couldn't handle it. And if we're serious about making this City and cleaning up Code Enforcement, I think we're going to have to have a code enforcement almost for each district, Mr. Teele. Commissioner Teele: Commissioner, I will support any decision in this area. I mean ... but I think one thing we can't do is give mixed signals. We can't on one hand tell them go do it and then, as soon as people start 104 July 14, 1998 screaming and hollering, we all say look the other way. Don't do it so much. I mean, we've got to decide whether we really want to do this. Vice Chairman Plummer: Mr. City Manager, the request of Mr. Teele is, is that the first available meeting in October, that they be invited to come here and have a discussion with the City Commission. Mr. Warshaw: All right. Vice Chairman Plummer: Thank you, sir. Vice Chairman Plummer: Health Facility Authorities. Commissioner Teele. Commissioner Teele: I pass. Vice Chairman Plummer: Pass. NOTE FOR THE RECORD: ITEM 50 WAS DEFERRED. 52. REAPPOINT ELOY APARICIO TO: LITTLE HAVANA SPECIAL EVENTS ADVISORY COMMITTEE. Vice Chairman Plummer: Item 51, Little Havana Special Events Advisory Committee. Sanchez. Commissioner Sanchez: Motion to reappoint Eloy Aparicio, who's done an excellent job on that board. Vice Chairman Plummer: Motion made to accept the name proffered. All in favor, say "aye.". The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-709 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF TEH 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 53. DEFER APPOINTMENTS TO MIANII AUDIT ADVISORY BOARD'. Vice Chairman Plummer: Miami Audit Advisory Board. Gort, Regalado, Sanchez and Teele. Commissioner Regalado: Defer. Vice Chairman Plummer: Deferred Regalado. Sanchez? 105 July 14, 1998 Commissioner Sanchez: Defer. Vice Chairman Plummer: Deferred. Teele? Commissioner Teele: Does this board meet? Commissioner Regalado: No, they don't. People resign because they don't meet. Vice Chairman Plummer: Defer, Mr. Teele? Commissioner Teele: Yes, sir. 54. APPOINT COMMISSIONER JOE SANCHEZ TO MIAMI 'SPORTS AND EXHIBITION AUTHORITY. Vice Chairman Plummer: Item 53. Miami Sports and Exhibition Authority. Sanchez. Commissioner Sanchez: Wait. Hold on because that's a concern that I've add had and, apparently, myself and the Legal Department have a difference of opinion on this matter. Commissioner Teele: Which one? Commissioner Sanchez: One is concern... concerning Miami Sports and Exhibition Authority. One of the appointment that is currently under my appointment to that is ... who is that, Orlando... Vice Chairman Plummer: Orlando Garcia. Commissioner Sanchez: Garcia. Under Florida Statute —and I'm not sure what ... exactly is the statute but he's there for a minimum of one year. Now, the past Commissioner was there appointed as the Vice Chair. If he's no longer there, then the position that is vacant at that time, under the Attorney's advice or City Attorney is, it goes to the senior chair, leaving nobody under my status on that board. However, going to the argument that I wanted to present last Commission meeting, under the City Code, it ... the argument was that the person was there until the Commissioner was there. When the Commissioner was no longer there, he was no longer on that board. Then that City Code compared to the Florida Statute, the argument was that he would serve a minimum of one year. Now, through the legal advice that I got... Vice Chairman Plummer: You want to defer it? Commissioner Sanchez: No, not really, not really, not really. I don't want to defer it. Commissioner Teele: Hold it. It's no need to blow this thing all around. Look, there's one appointment. The ordinance says that the seniority that the Vice Chair would have ... the Chair would have it and after that, it would go down by seniority. Now, if Commissioner Plummer ... if you're saying or if Commissioner Plummer is saying that he's interested in serving, which I can't believe that he would be, in that he represents the City on the TDC (Tourist and Development Board). I mean, you know, he's a ... but if J.L. wants to serve, that's clearly what the ordinance says. I would only ask that, first of all, that he give up the TDC and let somebody else sit on that, the Tourist and Development Board because, J.L., I mean, fair is fair and I know you like to accumulate this but it's not right the way you all are doing things... Vice Chairman Plummer: Let me... Commissioner Sanchez: Well... Commissioner Teele: But hold it. Let me finish. Vice Chairman Plummer: Well, I was going to make it easy for you. Commissioner Teele: But Commissioner Sanchez, as a Commissioner, is entitled to have a board 106 July 14, 1998 appointment on the Sports and Exhibition. Now, if J.L. goes on the board, he's got ... one of his appointees is going to have to resign, OK. He's got two appointees, is that correct? Vice Chairman Plummer: Sir, I'm going to make it easy for you. J.L. Plummer is not interested in the Sports Authority. Commissioner Teele: I would nominate Commissioner Sanchez. Vice Chairman Plummer: I second the motion. Commissioner Teele: So now Sanchez can't argue. Vice Chairman Plummer: See how easy that was? Commissioner Sanchez: Now, I have no further arguments then. Vice Chairman Plummer: Chicken. Commissioner Teele: No, but fair is fair. Vice Chairman Plummer: All in favor of Mr. Sanchez, the lame duck ... Mr. Vilarello. Mr. Vilarello: The current ordinance provides for the senior... the City Commissioner member with seniority of service to be in a seat. Can I amend the ordinance? Can I prepare an ordinance amendment to allow for the Commission appointment? Commissioner Teele: No, the way that was written is that the senior member had the right of first refusal. If you go back and get the minutes of that... Commissioner Regalado: Absolutely. Commissioner Teele: That's exactly what he said. Commissioner Regalado: I remember that. Commissioner Sanchez: And I have no arguments on that. I truly believe in rank and file and seniority. If...J.L., if you want that appointment... Vice Chairman Plummer: Hey, quit while you're ahead. Commissioner Sanchez: Well, I just want to let you know how I feel on that because I did not have... Vice Chairman Plummer: All right, I'll take the board. Vice Chairman Plummer: Does he quit? Commissioner Sanchez: Chicken. Vice Chairman Plummer: All in favor of lame duck, Mr. Sanchez, on the board, say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Next item... Commissioner Teele: I want to clarify the record. That is a one-year appointment. Vice Chairman Plummer: Yes, sir. And it is by State Statute, I understand. Commissioner Teele: Well, the ordinance that we're dealing with that creates this ... the overall ordinance that 107 July 14, 1998 creates the board is by State Statute. Vice Chairman Plummer: OK. Commissioner Teele: But this particular appointment is by County ... is by City Ordinance. And that's for one year. Vice Chairman Plummer: Very well. Mr. Vilarello: That Commission appointment though, in order to keep the staggered terms in place properly, is one year from the initial appointment of January, 1998. Vice Chairman Plummer: That's correct. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-710 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") 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 Plummer, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 55. 'APPOINT DANIEL FILS RIME, SR. TO STREET CODESIGNATION REVIEW COMMITTEE'. Vice Chairman Plummer: Miami Street Codesignation Review. Mr. Sanchez, Mr. Teele. Commissioner Sanchez: Defer at this time. Vice Chairman Plummer: Sanchez defer. Teele? Commissioner Teele: I would appoint Mr. DanielFilsaime. Vice Chairman Plummer: Motion made to approve the name surrendered. All in favor, say "aye.". The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-711 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION 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.) 108 July 14, 1998 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 56.'APPOINT JOHN BRENNAN TO WATERFRONT ADVISORY BOARD. Vice Chairman Plummer: Miami Waterfront Advisory Board. Gort, Teele and at large. Mr. Teele? Commissioner Teele: I would like to make the appointment next week. Vice Chairman Plummer: All right. I would like to take advantage and appoint, if I may, Mr. John Brennan, who's been an excellent member of that board. Commissioner Teele: Second the motion. Commissioner Sanchez: Second. Vice Chairman Plummer: All in favor, say "aye." Opposed? God help us. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-712 A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 57. REAPPOINT ROBERT VALLEDOR TO NUISANCE ABATEMENT BOARD. Vice Chairman Plummer: Nuisance Abatement Board. Mr. Sanchez? Commissioner Sanchez: Motion to reappoint RobertValledor. Vice Chairman Plummer: Motion made to the name proffered. All in favor, say "aye.". The Commission (Collectively): Aye. 109 July 14, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-713 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort NOTE FOR THE RECORD: ITEM 57 WAS DEFERRED. Vice Chairman Plummer: Property and Asset Review Committee. Regalado, Sanchez and Teele. Commissioner Regalado: Defer. Vice Chairman Plummer: Deferred Regalado. Sanchez? Commissioner Sanchez: Defer. Vice Chairman Plummer: Teele. Commissioner Teele: Defer. Vice Chairman Plummer: Deferred all three. 58. REAPPOINT'' TRENESE TURNER TO UNITY COUNCIL OF MIAMI. Vice Chairman Plummer: Unity Council of Miami. Sanchez and Teele. Commissioner Sanchez: Motion to reappoint Trenese Turner. Vice Chairman Plummer: OK. Teele? Commissioner Teele: Delay. Vice Chairman Plummer: Deferred? Commissioner Teele: Yeah. Vice Chairman Plummer: Motion made to appoint ... to offer ... to accept the name that was proffered. All in favor, say "aye." The Commission (Collectively): Aye. 110 July 14, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-714 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM") 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 59. REAPPOINT DAVID WOLFBERG TO URBAN DEVELOPMENT REVIEW BOARD. Vice Chairman Plummer: Urban Development Review Board. Sanchez has two. Teele has two. Mr. Sanchez? Commissioner Sanchez: Both will be deferred. Vice Chairman Plummer: Deferred. Mr. Teele? Commissioner Teele: I would move to reappoint Mr. Wolfberg and the other will defer. Vice Chairman Plummer: All right. Motion made to approve the names that have been proffered. All in favor, say "aye." All opposed? So none. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-715 A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) III July 14, 1998 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None ABSENT: Commissioner Wifredo Gort 60. DIRECT CITY MANAGER TO CONTACT STATE OF FLORIDA AGRICULTURE DEPARTMENT TO EXPEDITE COMPENSATION OF RESIDENTS WITH PLANTS AFFECTED BY CITRUS CANKER. Vice Chairman Plummer: We're now 10 minutes ahead of schedule. Commissioner Regalado: I have a... Vice Chairman Plummer: We will do... Commissioner Regalado: Mr. Vice Chairman, don't go... Vice Chairman Plummer: We're going to do some pocket items. Commissioner Regalado: Yeah. I have ... how many? I have several, but... Vice Chairman Plummer: You have one. Commissioner Regalado: Several pocket items here but there's one that I believe is important because the City has not made a commitment and some of the cities has done that in the past. Citrus canker have created a serious dilemma for the people throughout the state of Florida, including a lot of residents of the City of Miami, especially in the Flagami area. As we all know, the Florida Legislature approved a compensation program and that program has not been put in place. This item directs the Administration to immediately call on the Florida Department of Agriculture and meet with the representative to discuss ways and to expedite the compensation of those City of Miami residents that have been affected by this programs and this is my motion... Vice Chairman Plummer: What's your motion? Commissioner Regalado: ...to direct Administration to start immediate contact with the Florida Department of Agriculture Vice Chairman Plummer: Is there a second? Commissioner Sanchez: Second. Vice Chairman Plummer: All in favor, say "aye." The Commission (Collectively): Aye. 112 July 14, 1998 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO.98-716 A MOTION DIRECTING THE CITY MANAGER TO CONTACT THE FLORIDA DEPARTMENT OF AGRICULTURE TO DISCUSS WAYS TO EXPEDITE COMPENSATION OF RESIDENTS WHO HAVE BEEN AFFECTED BY THE CITRUS CANKER DISEASE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort Vice Chairman Plummer: You have any other ... do you have any other pocket items? Commissioner Regalado: Yes, I do. Vice Chairman Plummer: How many? Commissioner Regalado: Three. Vice Chairman Plummer: What? Commissioner Regalado: Three. Vice Chairman Plummer: Three? Commissioner Regalado: Three more. Vice Chairman Plummer: Unless you get a ... majority consensus of the Commission, you can only have one. You have it. Proceed. Commissioner Regalado: OK. Could I have the consensus of the Commission? Vice Chairman Plummer: Yes, go ahead. Commissioner Regalado: OK. There is... Vice Chairman Plummer: Excuse me. We will ... and all joking aside, we will stop at five and we'll come back afterwards. Commissioner Regalado: Absolutely. There is a resolution here directing the City Attorney to prepare an 113 July 14, 1998 amendment to Section 29B of the City Charter for a special election to be held on November 3, 1998, thereby, proposing amendment to existing procedures. The City Attorney has draft this resolution with the consent of the Administration and it has to do with sale of properties of the City. I will of give each member a copy. The thing is that we should approve in principle this one because we have to come back on the 21 st. Vice Chairman Plummer: All right, read it. Commissioner Regalado: Mr. City Attorney. Vice Chairman Plummer: Read it. NOTE FOR THE RECORD: AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD. Vice Chairman Plummer: Motion understood? All in favor, say "aye.". Commissioner Teele: Wait, wait, wait. Come on, J.L. Vice Chairman Plummer: I'm asking. You have comments, Mr. Teele? Commissioner Teele: Mr. Attorney, you've... Vice Chairman Plummer: Mr. Attorney, you're being asked. Mr. Vilarello: Yes, sir. Commissioner Teele: You've given us this, and I apologize. I don't have it. What is the window for charter amendments? Mr. Vilarello: This is the window. This has to be approved today and brought back with the ... a proposed language the next meeting so that we can go forward on the November 3rd ballot. Commissioner Teele: Let me... Mr. Foeman: Excuse me. September 4th is the last day. It's the 60th day. Mr. Vilarello: OK. Commissioner Teele: So September 4th. So, in other words, after all of this talk, if we don't have charter amendments ready by the next Commission meeting... Commissioner Regalado: We're done. Commissioner Teele: We're done. Commissioner Regalado: Yeah. Commissioner Teele: So we've all talked about the need to straighten out glitches in the Charter and do this and do that, but we don't have any. Commissioner Regalado: Unless we call a special meeting. Vice Chairman Plummer: Yeah, but you can't do that. You've got to study that Charter. You've got to go through it. I recall at the last time that I sat through a charter revision... Commissioner Teele: J.L., I'm not talking about a Charter revision. I'm talking now about just absolute obvious glitches, scrivener's errors almost or...l mean, I just think that we need to take note of that and I commend Commissioner Regalado for moving forward on this particular item, which is not one of them now. Are we talking about a hundred thousand dollars ($100,000) or five hundred thousand dollars 114 July 14, 1998 ($500,000)? Vice Chairman Plummer: One fifty. Mr. Vilarello: A hundred and fifty thousand dollars ($150,000.00). Commissioner Regalado: One fifty. One fifty. Commissioner Teele: Does this include waterfront property? Mr. Vilarello: Yes, sir, it does. Commissioner Teele: Would you be willing to exclude waterfront property from this or is that important from your point of view? Commissioner Regalado: I think it ... from the point of view that we're looking... because there are small properties, we should leave it as the City Attorney drafted, Commissioner. Vice Chairman Plummer: Mr. Regalado, I do have a problem with waterfront properties. The reason I say that is not because a small parcel is so very important, except to the fact that it could stymie you in larger developments that we would want to see. For example, on Watson Island. If you were to let some of the parcels go in individual pieces, then, if we wanted to have a Parrot Jungle, we would be stymied from being able to do such. So I just think that ... you know, a hundred and...I think we just should exclude waterfront property. God only made so much and there ain't going to be no more. In land, that's a different story. So I ... for my personal feeling, I would like to exclude waterfront properties. Commissioner Regalado: Well, you know, the Administration concurred with the motion. I don't have any problem in bringing back this on the 21 st, if we approve it now. Vice Chairman Plummer: All right, sir. Commissioner Regalado: But the thing is that, if we approve it... Vice Chairman Plummer: But we're talking about amending it now. Commissioner Regalado: Yeah. Vice Chairman Plummer: OK? Commissioner Regalado: I understand what you're saying. Vice Chairman Plummer: Mr. Teele, do you wish to make a friendly amendment? Commissioner Teele: Well, I think the maker of the motion should be afforded that. I will tell you this, a waterfront property ... I am not prepared to move forward as it relates to my vote because I think there's just so much potential mischief out here. First of all, the appraisal issue has really very little to do with waterfront property. It has to do with protecting property for future generations yet unborn. So ... I mean... and there's nothing wrong with transferring waterfront property. I don't have a problem with it but I think the voters have established this right, that they want to approve that and we should sort of trust the voters on that. Commissioner Regalado: I don't have any problem either. I'm just trying to make it easier for... Vice Chairman Plummer: OK. Modify your motion. Let's get on. Commissioner Regalado: OK. Commissioner Teele: And the only other issue is, is that I think the threshold... Mr. Attorney, is the staff recommendation a hundred fifty thousand? 115 July 14, 1998 Commissioner Regalado: No. Commissioner Teele: But I thought that's what you all were saying, that this is what staff put forward. Commissioner Regalado: I said a hundred and fifty thousand. Vice Chairman Plummer: And I agree with that. Commissioner Regalado: The staff said more. Vice Chairman Plummer: I'm one vote. Mr. Vilarello: I believe the staff was relying on the Blue Ribbon Committee report that indicated that the threshold amount should be five hundred thousand dollars ($500,000) but, perhaps... Dena, you can comment? Ms. Bianchino: We had many meetings with members of the Blue Ribbon Committee. Plus, through our own experience, we would recommend that the amount for the obtaining of three bids be five hundred thousand dollars ($500,000). There are many properties out there that are small that will never get three bids. I will give you an example of one. The Little Havana Theater that was just up for bid. We had two good bids. Churches. We could have sold the property. We only got two bids. They don't want to spend the money to go to a referendum. We can't sell the property. We think five hundred thousand is a threshold that makes sense for the smaller properties. That does not mean that we don't get appraisals. It does not mean that we don't come to the City Commission for approval. All it means is that you, as the Commission, have the right to approve the sale of a property if three bids are not obtained. Vice Chairman Plummer: All right. Mr. Sanchez. Commissioner Teele: I would like to know what Commission Regalado's view is. Vice Chairman Plummer: Commissioner Regalado. Commissioner Regalado: I don't have any problem in changing to half a million dollars, nor do I have a problem in excluding waterfront property. Vice Chairman Plummer: All right. Commissioner Regalado: I think that the purpose of this was to expedite the way that we do business here in the City of Miami. And, like Dena said, I could give you more examples of a lot here on 24th Street, another one. So... Vice Chairman Plummer: How 'bout the next meeting? The next meeting. The next meeting, when we could bring it back. Commissioner Regalado: Is that acceptable, if we do that? Mr. Vilarello: You need to adopt this resolution today and I'll bring back at the next meeting. Vice Chairman Plummer: As modified. Mr. Vilarello: Yes, as modified. Vice Chairman Plummer: There's two modifications. First one is excluding waterfront property and the second one is 500,000 instead of one fifty. Mr. Vilarello: Yes. Vice Chairman Plummer: All in favor, say "aye." 116 July 14, 1998 Commissioner Teele: But wait. I want to make sure that Commissioner Regalado is comfortable with these. Vice Chairman Plummer: He said he was in agreement. Commissioner Regalado: I don't have any problem, Commissioner. Vice Chairman Plummer: All in favor, say "aye." Mr. Foeman: I need a second. Vice Chairman Plummer: Made by Regalado. Seconded by Teele. All in favor, say "aye." All opposed? The Commission (Collectively): Aye. Vice Chairman Plummer: Show unanimous ballot. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-717 A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO CITY CHARTER SECTION 29-13, FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1998, THEREBY PROPOSING AMENDMENTS TO EXISTING PROCEDURES TO: (1) EXEMPT FROM THE PROVISIONS OF SECTION 29-B, THE SALE OR LEASE OF REAL PROPERTY ACQUIRED BY MIAMI-DADE COUNTY FOR DELINQUENT TAXES WHICH HAS BEEN CONVEYED TO THE CITY BY THE BOARD OF COUNTY COMMISSIONERS UNDER THE PROVISIONS OF SECTION 197.592, FLORIDA STATUTES (1997); AND (2) ELIMINATE THE REFERENDUM REQUIREMENT FOR THE SALE OR LEASE OF CITY -OWNED REAL PROPERTY, WHEN LESS THAN THREE PROPOSALS OR OFFERS ARE RECEIVED FROM PROSPECTIVE LESSEES OR PURCHASERS AND THE VALUE OF THE PROPERTY IS $500,000.00 OR LESS, AS DETERMINED BY AN APPRAISAL OF THE PROPERTY PERFORMED BY A STATE CERTIFIED GENERAL APPRAISER. (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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort. Mr. Goenaga: No discussion on a special issue of changing the Charter? Vice Chairman Plummer: You will have that opportunity at the next meeting, sir, when it comes back. Mr. Goenaga: Hopefully. Hopefully. Vice Chairman Plummer: If you're here. Uh hopefully. 117 July 14, 1998 Commissioner Regalado: It's 5:00. Vice Chairman Plummer: All right, it is five o'clock. We're now going ... Mr. Sanchez Commissioner Regalado: Mr. Manager? Mr. Manager? Excuse me. Channel 9 is not on the air, just for your information. Vice Chairman Plummer: Channel 9 is not on the air. Commissioner Sanchez: Mr. Vice Chair. Vice Chairman Plummer: Is that intentional or by design or accidental? Commissioner Regalado: Both ... three. Vice Chairman Plummer: What's the problem, Mr. Manager? Hello. Mr. Warshaw: We're going to check it right now, Commissioner. Commissioner Sanchez: Mr. Vice Chair, I have something but I don't know how to bring it out. It's not a pocket item. Vice Chairman Plummer: Does it relate to Virrick Gym? Commissioner Sanchez: No, it does not. Vice Chairman Plummer: Then hold it. We promised at five o'clock we would go to Virrick Gym. Commissioner Sanchez: But you will afford me the opportunity to bring that up? Vice Chairman Plummer: Absolutely, before we leave here today. We're here until 9:00, if necessary. All right, we're now going to take ... hello. Commissioner Sanchez: Thank you very much. Commissioner Regalado: OK. We're back on the air. Vice Chairman Plummer: I got somebody's attention. All right, ladies and gentlemen, we're going to go to Virrick Gym. Here's going to be the schedule of events. I'm going to ask the Staff Department Director to make his presentation and he needs approximately how many minutes? Mr. Alberto Ruder (Parks Director): About 10 minutes. 118 July 14, 1998 Vice Chairman Plummer: OK. Now, then I'm going to allow those people who have a burning desire to make a presentation and I want to ask at this time, by a show of hands, so I can set how much time each person will have, how many people wish to speak to the issue. Raise your hand. I see one, two, three, four, five, six, seven, eight, nine, ten. OK. Now, with the exception of Harry Horgan, I would ask the rest of you to come to the City Clerk, give him your name, and you will each be afforded a two minute time frame for speaking. I would maybe deviate for Harry Horgan to give him more time because he is more directly involved and maybe to Mr. John Ireland because he also is directly involved or indirectly involved. OK. So if you wish to be available to speak, please give your name to the Clerk. Now, Mr. Ruder, I think this is in bad taste. I think those charts need to be turned around in some way so that the people of the audience can see the charts, as well as you can with the Commission. And, if necessary, I'll ask the Commission to come downstairs but I'd like to avoid it. Mr. Donald Warshaw (Acting City Manager): Angle them so that the Commission and the public can see them simultaneously. Mr. Richard Heisenbottle: You have copies of the ... some of them in your agenda package. Vice Chairman Plummer: OK. Mr. Warshaw: And, Commissioner, there's a... Vice Chairman Plummer: Turn it around so that the people can see it. If we have it in our package and we can look at that. You just refer to the one that you're talking about. Mr. City Manager, I know dollars are... Mr. Warshaw: Power outage in the Grove, so that's the problem we had with NET 9. It's back on the air now. Vice Chairman Plummer: All right. Mr. Warshaw: FPL's working... Vice Chairman Plummer: I have said in the past and I know dollars are short and maybe somebody might like it ... in hearing my voice. You know, if we had a TV up here like the County does, you wouldn't have to go through this process. People sitting in the audience could look up at the TV and see all of the charts. Maybe some beneficial person in this City who has a lot of money, who doesn't know what to do with it, would like to donate, like Joe Abrel has more money than he knows what to do with and he can go to TVJ, where he formally owned that station, and get us a TV. We could get it up here. Mr. Ruder, you have 10 minutes, sir. Mr. Ruder: OK. Vice Chairman Plummer: We're not putting you on a clock but we would ask you, please, to try to stick to the 10 minutes. Mr. Ruder: OK. Good afternoon. Honorable members of the City Commission. On May 12, 1998, the City Commission adopted Motion number 98-473, which directed the City Manager to do four basic items. Number one was work within the existing basic footprint of the Virrick Gym site. Number two was render a recommendation concerning whether to demolish the pink building. Number three was to have the Parks Department manage Virrick Gym. And number four was that the Commission, together with the Parks Department, will determine what organizations will be allowed at said location beginning with Shake -A -Leg, Police Athletic League, et cetera. Over the last two months we have had weekly meetings involving city staff, citizens, and potential users ... user groups to try to address all these issues. I want to commend everyone involved for their spirit of cooperation and hard work and I think we've really worked well together. We're pleased to report that we believe we have a very workable plan for a first class facility that we can all be proud of and that will serve all our citizens. I think this is truly a project that will bring all the communities together. Also, I heard Commissioner Teele's comments this morning about historic preservation and I really appreciate those comments and I think you will find in the discussion that we have been very sensitive to historic preservation in this project. And, finally, with the support of the Manager, I 119 July 14, 1998 want to assure everyone that we're all committed to make sure that everything possible is done to complete this facility as soon as possible so that the children and others of this community can use it. And this presentation will briefly address the following issues: Number one, we will provide you with an overview of the proposed space allocation, master plan for the site and projected construction schedule. Number two, we will briefly discuss the programs for the site. And number three, we will discuss the future design services for this project. And now I would like to introduce Mr. Richard Heisenbottle, who is a historic preservation architect and subcontractor to the Duany, Plater-Zyberk Architectural firm to provide you with the proposed master plan for the site, including the space allocations. And you have this in your package. Mr. Richard Heisenbottle: And I sure don't want to get in trouble with J.L. [Commissioner Gort entered the meeting at 5:08 p.m.] Vice Chairman Plummer: Go ahead. Proceed. Mr. Heisenbottle: We will. If you'll indulge me for turning these around for just one moment so we that can properly address the Commission. Vice Chairman Plummer: All right. Excuse me. Mr. Gort has a question. Commissioners take precedence. Mr. Gort. Commissioner Gort: Excuse me. I apologize for being late but, unfortunately, I had an emergency I had to take care of. My question is ... my understanding is, that we were supposed to be in violation of the Federal government in the use of this land and I've never received any notice of that from ... from you all. I want to know where we stand on this thing. I mean, according to the news media... Vice Chairman Plummer: Excuse me. Mr. Gort, just for your information, I did receive a copy in my office approximately two weeks ago. Mr. Ruder: Yeah, we sent copies to all the Commissioners. Vice Chairman Plummer: I did receive it. Commissioner Gort: Could you go over it very briefly? Ms. Diane Johnson: Yes. I believe you're referring to the letter from the Department of Interior from William Hewey. Vice Chairman Plummer: Yeah, that's it. Commissioner Gort: Right. Mr. Warshaw: We have an obligation... Vice Chairman Plummer: Would you give Mr. Gort a copy of it, please? Ms. Johnson: I'd be happy to. I believe I have one hand. Vice Chairman Plummer: Thank you. Proceed, sir. Mr. Heisenbottle: Commissioners, we were asked to come up with a concept design and to evaluate the possibilities of turning the site into this Water Sport and Recreation Center following your last motion and that's what we've done. And we'd like to take you for a very quick walk through what we've come up and tell you some of the decisions that came out of that ... that sort ... that study that we did. The first thing you ought to be aware is that we have collectively, after meeting with the Building Official, decided that it is in the City's best interest to keep the pink building out front. Although, I hope in the future City that it is not painted pink. That building will contain administrative offices. It'll contain a multipurpose room, activity rooms, teen rooms, gymnastics and even a baby-sitting room when the project is completed. That area is depicted on these plans over here and in ... and in your packet. 120 July 14, 1998 Vice Chairman Plummer: Do you want to make your presentation in whole or do you want to ask questions as we go? Because I ... OK. If you would speak to the fact that we were told that building is ready to fall and now you're saying keep it. Mr. Heisenbottle: The rehabilitation of the building... there... there are some... Vice Chairman Plummer: OK. Go ahead. Mr. Heisenbottle: ...very complicated but realistic advantages to maintaining the building. It is a wood frame on the inside. The building, when it is completed, would be fully restored. It would a gut rehabilitation though, J.L., with completely new electrical systems, completely new mechanical systems and repair of the structural issues in the building. But it has been determined by everyone that, collectively, we do believe it is to our advantage to do this this way. And then within the footprint of the hanger itself, we have what we call an Event Center. The Event Center contains a gymnasium. It'll have retractable bleachers in it. It'll be separable for a bunch of different purposes. Everything from roller hockey to volley ball could occur in there. We're also proposing a Family Adventure Center in part of the facility, perhaps a wall climbing area. We've got a very exciting series of uses that will occur within the main gym as we all know it. We've got an aerobics and dance facility that's proposed off on one side over here, plus the normal accompaniment of locker rooms and showers for both men and women and special needs users, like the physically handicapped, will also be accommodated by those. We have an elevator that does get you up the stairs over here. And these are just a series of offices, including offices for the YMCA and the Police Athletic League. Up on the second floor... Vice Chairman Plummer: That's on the pink building? Mr. Heisenbottle: Pardon? Vice Chairman Plummer: That's on the pink building? Mr. Heisenbottle: Those are on the one-story section of the pink building, that's right. On the second floor over here we have another series of uses that we've proposed. We've proposed a wellness center with glass that would overlook the gymnasium, so that the folks on the treadmills and the other kind of wellness equipment can actually overlook the gym and have a rather exciting view of things as that occurs. And what we're proposing, that the second floor be used for multipurpose activities as far as the pink building is concerned, as well as additional taller rooms up there. Out on the site we've got the complete redevelopment of the site. That redevelopment includes a new 20 foot bay walk. On this side there's a bay ... a small Bayfront pavilion that would be utilized by both the City of Miami and Shak&A-Leg. We've got some areas that we're trying to pursue as viewing areas, where you can sit and just plain sit along the bay walk and look out and enjoy the incredible view. Perhaps a Coast Guard memorial. The boat ramp would be repaired and upgraded so that cars no longer go off the edge and never come back. We'd also do significant improvements to the docks out there. We have 225 feet of floating dock in the scheme that you see, plus additional docks for small boats. New floating dock for kayaks up in this area. There's also a second pavilion on the water side thafs...we call that the new dock side pavilion. That contains reception areas, check -in areas, equipment storage areas and some vending machines. That sort of thing. So, in a nutshell, we've looked at the entire site. We've developed a project budget for the entire site. We're pleased to say that the budget that ... it is within the allocation of the 3.8 million that's been set aside for this project on the Trust for Safe Neighborhood Parks. And, though, we may continue to seek additional funds, we think that the ... very confident that the project can be accomplished. We've also looked at an overall project schedule and if you continue today with the recommendations of staff, we're comfortable that we can be under construction and complete this project some time in the third quarter of the year 2000. Vice Chairman Plummer: Two thousand. Mr. Heisenbottle: Yes. Michael, would you pass a schedule to J.L. so he can get a feel for how that actually works out. Vice Chairman Plummer: So you're talking about 24 months of construction? 121 July 14, 1998 Mr. Heisenbottle: We have 365 days as a general construction period, but we're hoping that what we can do is open the water side portions of this sooner and get perhaps partial use even out of the gymnasium at an earlier date. Vice Chairman Plummer: The monies that are provided at this particular time, do they include the pink building? Mr. Heisenbottle: Yes. Vice Chairman Plummer: The renovation of the pink building? Mr. Heisenbottle: Michael, there's a complete estimate over there, just to show J.L. that we're doing home work here. Vice Chairman Plummer: Show us all. Mr. Heisenbottle: We've got into a detailed estimate, J.L., that the total of which is on page one, under the first tab there, I think, the summary. It does include everything that we have talked about in this concept scheme that's in front of you. Everything from the improvements to the boat ramp to the bay walk and that's kind of hot off the press there but it does give us great confidence in going forward with the project, that we can accomplish what we've set out to do here with the budget that's available. Vice Chairman Plummer: So what we're saying is, that we do have the three million five hundred and forty-one thousand dollars ($3,541,000.00)? Ms. Johnson: Yes, we do. We actually have three million eight hundred thousand from the Safe Neighborhood Park Fund. Vice Chairman Plummer: In the bank? Ms. Johnson: Well, when the County gives it to us, then we'll have it. Vice Chairman Plummer: OK. Ms. Johnson: And we do need to ask the County to give it to us. It is a grant process and they will have to approve it based on our construction program and utilization and maintenance plan. Vice Chairman Plummer: Questions by the Commission. I'm ... excuse me. Are you finished with your presentation? Mr. Heisenbottle: Yes. Vice Chairman Plummer: Mr. Ruder, do you wish to further... Mr. Ruder: Yes. I just have a few more points. As far as the programs, which the charts are down here and you have copies of them in your package. Again, I just ... this just shows you that we are working together. The idea here is that the Parks Department will proudly manage this facility. We will negotiate use agreements with Shake -A -Leg and the Y and bring them back to the Commission for approval. The City's Parks Department and the Police Athletic League will have programs there. And, really, all communities will utilize this facility because when the Parks Department will manage it and it will issue standard park permits that we issue now for all our facilities. Vice Chairman Plummer: Go a little bit further on that, if you would. For example, if the Boys Club ... Boys and Girls Club of Miami wanted to have an activity there, permissible? Mr. Ruder: Yes. Vice Chairman Plummer: Room? 122 July 14, 1998 Mr. Ruder: Yes. Because we will control the schedule ... the City's Parks Department will control the schedule to insure that everyone gets a use. Mr. Warshaw: And I'd like to add, Commissioner, I think that's the key issue, that the City and the Parks Department is going to run the facility and that we will negotiate these usage agreements and it'll be a facility for all the community. It'll be a facility for all those who want to negotiate for its usage. Vice Chairman Plummer: All right. My final question is, today what are you asking this Commission to, in fact, do? Mr. Ruder: OK. I think Diane has passed some resolutions but there's one more issue that we need to discuss... Ms. Johnson: Give them the... Mr. Ruder: OK. But there's one more issue that Jim Kay needs to discuss, which is design services to complete this project. Then I'm going to have Jim talk to you right now. Vice Chairman Plummer: Mr. Kay. Mr. Jim Kay(Public Works Director): Yes, sir. Thank you. I have prepared a memorandum of the finding of an emergency to continue with the architectural firm ofDuany, Plater-Zyberk to complete this project. The reason why we feel that we believe that this firm needs to continue with this project are for the following: That is, that this is an old structure, over 40 years old. It needs to be re -certified. There are certain code requirements that we will get relief from if we continue with our historic preservation architects. The historic preservation is a major issue in meeting the South Florida Building Code requirements. Vice Chairman Plummer: How much have we paid them so far? Mr. Kay: Pardon? Vice Chairman Plummer: How much have we paid them so far? Mr. Kay: I believe it is ... I have to go with... Ms. Johnson: The original contract for the phase one was for, I believe, a hundred and sixty thousand and I think we're somewhere about 70 percent or 80 percent into that. Vice Chairman Plummer: And how much are you anticipating another contract not to exceed how much? Ms. Johnson: Well, again, we're talking about a construction program that's 3.5 million and that is a negotiated issue with the consultants. Vice Chairman Plummer: Give me a number. Ms. Johnson: I would estimate in the neighborhood of 10 to 1 I percent. Vice Chairman Plummer: And that amounts to? Mr. Kay: About three hundred fifty thousand. Three hundred, three hundred fifty thousand. We're talking about a major project. Vice Chairman Plummer: Can we do that, Mr. City Attorney, without aproc... even a professional contract? Three hundred and fifty thousand additional dollars ($350,000.00). Mr. Kay: We would have ... we would have to have a new contract. We would have to negotiate a new contract. Vice Chairman Plummer: Can we do it without a bidding procedure, 123 July 14, 1998 is my question? Mr. Alejandro Vilarello (City Attorney): They're providing... they're suggesting that under an emergency finding by the City Manager, they proceed to negotiate an agreement with the design firm. Commissioner Regalado: I got a question. How long would be the bid process, if we go into one? Vice Chairman Plummer: Ninety days. Mr. Kay: No, we...OK. Ms. Johnson: Can I explain? Mr. Kay: Go Ahead. Ms. Johnson: For the record, Commissioners, there was a competitive process conducted. The bid proposals were received in January. They were made... initially presented to an earlier Commission meeting and they were not taken up. That process must be set aside before we can proceed on an emergency basis with anyone else. There was a process. It was conducted. There was a Selection Committee. They provided a ranking one, two, three of firms who had submitted. I don't believe the City Manager ... the sitting City Manager had gone over in detail to proffer that recommendation back to you but... Vice Chairman Plummer: Was this the A firm? Ms. Johnson: No, they were not. The A firm was the firm of the Russell Partnership. Vice Chairman Plummer: And that was the firm that obviously, by state statute, that had to be set aside to do with B firm? Ms. Johnson: We are utilizing... yes, they would have to be set aside in order to ... on a permanent basis. Vice Chairman Plummer: So if we want to go to rebidding, we have to get the Manager to cancel B and C and then go to rebidding? Now ... excuse me. Ms. Johnson: Or you may declare it an emergency and... Vice Chairman Plummer: Excuse me. I'm not necessarily wanting to go to another firm because what Mr. Kay has said has extremely good merit. My problem is that any professional contract over fifty thousand dollars ($50,000.00) has always been the policy of this Commission to go to arebidding. OK. Now, that's where I've got a problem and somebody's got to give me some comfort when you're talking three hundred and fifty thousand dollars ($350,000.00). OK. Ms. Johnson: As an alternative, the Commission may appoint a different Selection Committee to review the proposals previously submitted. It did include the firm of Richard Heisenbottle, among others, and perhaps another Selection Committee... Vice Chairman Plummer: All right. Ms. Johnson: ...may come up with a different result. Vice Chairman Plummer: All right. Then I think that that's only fair. I really ... I have to say to you. Who would be the Selection Committee? Mr. Manager, you would choose them? Ms. Johnson: It could be the ... the Commission may appoint the Selection Committee from among its own members. It may appoint the Selection Committee itself or it may direct the Manager to appoint the Selection Committee. Vice Chairman Plummer: Is that possible that it can come back... 124 July 14, 1998 Commissioner Teele: Gentlemen, you know, you all do what you want to do. I don't know why we're making a big drama out of this. Look, you've got a contract. We're talking about a three hundred thousand dollar ($300,000.00) architecture, which is ... you know, Mr. Adorno just walked in here and, I mean, I really am embarrassed because the one thing that the City ... the County is about to tell us is that they're giving us how much money, sixty million, seventy million? What... Vice Chairman Plummer: Twenty ... 21. Mr. Kay: Twenty-one million dollars ($21,000,000). Commissioner Teele: Twenty-one million dollars ($21,000,000.00) and they've got concerns about our ability to manage the money. Now, this gym has been like it is now since Hurricane Andrew and even before. The staff has given us a way out. Although, Mr. Kay has given some reasons, I'm not particularly impressed with his rationale for the emergency but I'll defer to that. I think the strongest issue for the emergency is to fully comply with the Department of Interior letter. I think ... you know, if you can somehow inject the Department of Interior letter into this emergency, I think you could pass any court test anywhere in the world that this is legitimate emergency. But this is a unique kind of structure. First of all, we're talking about a historically sensitive project. You know, we saw this morning what happens when a bunch of architects and engineers that don't do historic preservation start writing memos. They start talking about demolishing this under the guise of restoring something. And I'm not making light of this. I would very much like to support the Manager's recommendation of finding of an emergency and authorizing the Manager to move forward. Let's put this thing under a full contract for the full three point eight million dollars. We know ... I mean, this is not rocket science. Anywhere in Miami it's going to be somewhere between 7 and 12 percent for the architect/engineering activity. I mean, this is not a number that anybody's pulling out of the thin air. It works that way all over the city. All over the county. All over America. Vice Chairman Plummer: Make a motion. Commissioner Teele: I move that we support the Manger's finding of the emergency, particularly noting the Department of Interior concern about us getting this property operational and noting also the Safe Neighborhood Parks Committee's concerns about the City's ability to move forward and that we further instruct the Manager to negotiate a faster timetable than has been outlined. Vice Chairman Plummer: Is there a second? Commissioner Regalado: I will second ... I will second that motion. And ... and... Vice Chairman Plummer: All right. Mr. Vilarello: Mr. Chairman? Vice Chairman Plummer: Mr. City Attorney, you have no problem with it? Mr. Vilarello: Yes. We have a resolution prepared, if you'd like me to read it? Vice Chairman Plummer: No. Hold on. Mr. Vilarello: Well ... and ... in which... Vice Chairman Plummer: Not until we go through the public hearing. Mr. Vilarello: In which case... Commissioner Regalado: I... Mr. Vilarello: I'd like to add to that that we have to, of course, cancel the current process that we've gone through with competitive negotiations. Vice Chairman Plummer: OK. Any Commissioners —other Commissioners have any ... Mr. Kay? 125 July 14, 1998 Commissioner Regalado: Yes, I'd like to say something. Vice Chairman Plummer: We'll come back to your point. Mr. Regalado. Commissioner Regalado: You know, what Commissioner Teele has said is what had to be said a long time ago. I remember that I was doing stories for the radio station that I worked for after Hurricane Andrew and what I did on August the 25th, in the morning, was to come here to Dinner Key because I thought that that would be the right place to go and look at damages of the hurricane. So I went into what was left of the gym and I was appalled, as we all were, by the situation there and throughout the city. And then I kept coming to Kennedy Park and '93 went by. Nothing happened. Ninety-four went by. Nothing happened. Ninety-five went by. Nothing happened. And I remember, when I had the fortune of being elected as a City Commission, I remember the first meeting... first meeting in September of '96, I remember John Brennan standing there asking please, would you fix the roof on the Virrick Gym. It was my first meeting here and I do remember. So I thought that we should be happy that we're getting over the stalemate here on this piece of property. You know, I think ... I will tell you ... and I will tell you ... and Commissioner Teele mentioned that Mr. Adorno is here and the County is sort of telling us to move forward, not on this project but in every project. I will tell you that I had to go with some City officials to the people of Shenandoah on a neighborhood meeting and say to them please, stop meeting and discussing what you want to do in Shenandoah Park because we're going to run out of time. And they all got together because everybody had an idea. So what I suggest is that we move forward. If we have a deadline of the year 2000, let's move it to 1999. Let's wait on millennium. Let's don't meet anymore. Let's approve what we have to approve and let the professionals do what they have to do. What this Commission wants to do now is just move forward, approve, have the Parks Director, the City Manager sign a contract. Everybody's going to be there. All the children of Miami are going to use that gym and I, you know, I would tell you that I'll be very happy when I see the first construction person, after we've done with the shell, to start working on the gym. I have total confidence in the City of Miami Parks Department. I will tell you that the City ... a City who can run a summer program for kids out of a half of a trailer in Kennedy Park and have 60 kids paying the City of Miami and having fun is capable of running that program and Shake -A -Leg and Y and the Police Athletic League will all be part of this and ... you know, let's going to be proud of something in the City of Miami. Let's not have, please, another Tower Theater here. Vice Chairman Plummer: Mr. Sanchez. If you have gut religion like others, go ahead and proceed. Commissioner Sanchez: I'm just amazed it took 27...28 minutes to get this approved. There was something that should have been passed in about five minutes because it holds the best element to everything that we have in the City. First of all, the welfare of our children is one. The other one is, we continue to fight about children being out on the streets and no place to go. This gives them a great place to be, in a controlled environment. It should have been passed 26 minutes ago. So I support it. Vice Chairman Plummer: All right. That's fine. Now, the motion is to approve, so the 14 names that I have before me, I hope, will be reduced from two minutes to one. Keeping in mind, sometimes speaking too long before the City Commission is a detriment. Mr. BoonrBoom. Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Gort. Excuse me. Commissioner Teele: Mr. Vice... Commissioner Gort: Let me ask a question. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: My understanding, all these groups have been working together. I think this plan ... it's the opinion of all of you working together. So I think we are all ready to move here, so unless somebody wants to speak against it, you're ahead of the game right now. Vice Chairman Plummer: No, I'm still going to make it two minutes. Sir, you'll have your time to speak. 126 July 14, 1998 Commissioner Teele: Mr. Vice Chairman. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I know that you have a list but I really am very interested in hearing if there's any matter relating to this park that the Safe Neighborhoods Chairman would like to opine on, because I... Vice Chairman Plummer: Mr. Adorno? Commissioner Teele: I know that they've been working very hard and they've expressed some concerns. Vice Chairman Plummer: For the record, your name and mailing address, please. Mr. Hank Adorno: Hank Adorno, 3230 Calusa Street. And I am here in two capacities. As the Chairman of the Safe Neighborhood Parks Oversight Committee. Vice Chairman Plummer: I'll give you two minutes on each capacity. Mr. Adorno: On each? And my other one is that the district that I represent is the district that includes this facility. Vice Chairman Plummer: Yeah, but you live in Miami. Mr. Adorno: I can hear the way you're going on the vote and I think it's fabulous. It's long overdue. When we started the process to take this to the voters, I'll remind everybody that 67 percent of the voters voted for the bond issue. This was supposed to be our jewel of the entire bond issue and many of us would like to see this thing built as quickly as possible. The one point that I want to make to you...and I just got in late, so I don't though exactly where you are in the process. But the quicker that you can get through the design phase, the quicker that you can come back to the Oversight Committee for construction dollars. And since most of you know, we have to go out... only... we only are going to get go out once a year for the bond money. If this gets delayed much more than six months to get back to us, you're probably going to lose another year before you're going to see one construction dollar, so whatever it is that you can do to facilitate the design stage so you can come to us with hard construction dollars and a hard plan for where the programming is going to come from, which I gather you're going to work out through the Shake -A -Leg, the Y, the Police Athletic League and other organizations, I think the quicker that the neighborhood could start seeing the construction up and I think we're really trying real hard of showing the voters that supported of this, that we're going to timely build these facilities and this really is, I think, the premiere facility that's going to come out of the bond issue and all of Dade Countians, including the residents of City of Miami, are going to be very, very, very proud of this facility and I think it's going to be your crowning piece of accomplishment during the next two years. Vice Chairman Plummer: Thank you, sir. Now, my suggestion is of the 14 speakers, if you concur with the motion, say thank you and sit down. If you don't concur with the motion, then you have two minutes. Mr. Boom Boom never concurs with anything. Mr. Manuel Gonzalez Goenaga: No, I do hundred percent concur. The only thing is that... Vice Chairman Plummer: Then sit down. Mr. Goenaga: That I want to add, if you people would have elected me before all of these people, except 28 years old Plummer, this place would have been constructed way, way long ago. Thank you. Vice Chairman Plummer: They were going to elect you and drown you, but Puerto Rico was too far. Mr. Mark ... Margot Ammidown. Am I close? Ms. Margot Ammidown: Margot. Vice Chairman Plummer: Margot, M-A-R-G-O-T. 127 July 14, 1998 Ms. Ammidown: Yep. Vice Chairman Plummer: OK. I'm not going to argue with you. You have an argument against the motion? Ms. Ammidown: No. I'm here to say thank you on behalf of the Coconut Grove Civic Club and also just one point. I was a member of the Architectural Selection Committee for phase two and I want to say, as a member of that Committee, I wholeheartedly support the Public Works and Manager's recommendation to extend the current contract on an emergency procedure. I believe the qualifications and criteria of that phase two RFQ were flawed in a number of ways. One, in particular, there were no specifications or criteria for restoration architect, which, as you've known, are crucial in this project, as Commissioner Teele pointed out. And especially since there's Federal oversight of this property and it falls under the Secretary of Interior standards for restoration of historic properties, which is on this property under Federal oversight, the City stands to lose time and money and have a lot of additional trouble if you don't have an architect that knows the highly technical work of restoring a building like this, so I would... Vice Chairman Plummer: Thank you, ma'am. Ms. Ammidown: ... ust say thank you for your motion and we appreciate it. Vice Chairman Plummer: Peter Pomeranz and the next speaker is Aileen Pomeranz. Ms. Aileen Pomeranz: I'm just going to say thank you. Vice Chairman Plummer: All right. We'll scratch that one. Mr.Pomeranz. Mr. Peter Pomeranz: Thank you. I'd just like to say thank you also. And I just want to add something. I've been living down here 20 years and what I've noticed, not with the City of Miami but with the State of Florida, the social services has always been basically frowned upon when it comes to giving funds but definitely is well noticed when it comes to cutting funds and this is... Vice Chairman Plummer: Thank you, sir. Mr. Pomeranz: And this, of course, is the very prevalent in the legislature. I think that the City of Miami can really go on record, with the approval of Commission Teele's motion, which you've all approved, as being probably the first government that I've seen in 20 years that I've been in Florida that actually cares about people who are involved in social services: the disabled, the developmentally disabled, physically, and all the at risk people that have a chance to straighten themselves out. So, once again, I say thank you very, very much and we're looking forward to see it completed. Vice Chairman Plummer: The next speaker is Louise Yarbrough and after that John Ireland. Ms. Louise Yarbrough: I've been involved with Shake -A -Leg for a number of years in various capacities. And I want to say thank you to the Commission for your support of this project, for your ability to see that this can be an outstanding facility that can serve not just this community but can be a world renown facility that can be a gem in the City of Miami's crown. Thank you very much. Vice Chairman Plummer: Thank you. Mr. Ireland. The next speaker is Long John Brennan after Mr. Ireland. Mr. John Ireland: John Ireland, I'm the Vice President of the YMCA. And just very briefly, it's in our obvious best interest to be supportive of this project. I just want to thank you for this opportunity. We're looking forward to working with the City of Miami and Shake -A -Leg and other groups to make this a reality. So thank you. Vice Chairman Plummer: Thank you, sir. Mr. John Brennan. And the next speaker is Michael Karlbach after him. You just want to say thank you? Mr. Michael Karlbach: Yes, sir. 128 July 14, 1998 Vice Chairman Plummer: We'll scratch you out. John Brennan. The next speaker will be FrankBalzabre. Am I close? Mr. Frank Balzabre: Close Vice Chairman Plummer: Close in horse shoes. Come on, John. Mr. John Brennan: First I want to say that I'm overjoyed. I thank you gentlemen very much. Commissioners Teele and Regalado stole my thunder. I was going to have a very long speech for you. Vice Chairman Plummer: Thank God. Mr. Brennan: I would hope that you would put money into the Parks Departrnent's budget so that if they're going to manage it, they'll have the funds to do that. Thank you again very much. Mr. Frank Balzabre: Frank Balzabre, Chairman of the Coconut Grove Village Council... Vice Chairman Plummer: Frank ... Frank. The next speaker will be Bill ... is itMunk or Mauk? Mr. Bill Mauk: Mauk. Vice Chairman Plummer: M A-U-K? Mr. Mauk: Yes. Vice Chairman Plummer: All right. Mr. Balzabre: As Chairman of the Village Council, we thank you for your support. Commissioner Teele, thank you very much for telling it like it is. We worked long and hard to get to this point and we look forward to working with you down the future. Thank you very, very much. Vice Chairman Plummer: Bill Mauk and the next speaker is Bruce Reep. Mr. Mauk: My name is Bill Mauk and I'm chair of Shake -A -Leg, as well as I'm the Executive Committee of the YMCA and I endorse the resolution as well as the emergency procedure. I'd also like to say that I appreciate the advice and counsel that various Commissioners have provided us in this process. And, in particular, what I want to say is, in the last few months, dealing with Al Ruder, dealing with Diane Johnson and, in particular, with the new City Manager, I've never had a more professional relationship with the City and what I would ask is, that as part of this resolution, we make sure that we instruct the City Manager to negotiate fair and good deals with both YMCA and Shake -A -Leg so that we can operate those facilities, including raising more money for both capital as well as operating expenses. And we look forward to dealing with the City Manager in doing that. Thank you very much. Vice Chairman Plummer: Thank you, sir. Bruce Reep. The next one is ... next speaker is Monk Terry. Mr. Bruce Reep: My name is Bruce Reep. I'm 3530 East Fairview Street, Coconut Grove. I've been here all my life, since I was a little boy. I want to thank you for the kids because these kids need a place but I want to warn you, this place is going to be bulging at the seam with kids. That's how many kids are going to be here and, before we're done, we may need the naval reserve base and I know that's going to be a bothersome to you, but I'm telling you that's how many kids in this community need your help. We have high risk kids. Our kids, when they're not in our place, when they're on the streets.. just recently we had a few of them get in trouble. So if you can help us, we save thirty thousand dollars ($30,000.00) a year per kid that we get off the streets. So think about this place bulging at its seams. You might need to expand it down the road. OK. Thank you. Vice Chairman Plummer: Monk Terry. The next speaker will be DanTinney. Tinney? Mr. Monk Terry: I can't really add much, except... 129 July 14, 1998 Vice Chairman Plummer: Then why did you stand up? Mr. Terry: Because I have something to say, J.L. Vice Chairman Plummer: That's good. Mr. Terry: And that is, this is unbelievable. This is great. And I think ... I would like to congratulate Chief - City Manager. Commissioner Gort: He's Managing Chief. Vice Chairman Plummer: Combo. Mr. Terry: For his participation in this. Commissioner Gort: The new title is Managing Chief. Mr. Terry: Managing Chief, OK. And I would like you all to use this as a model for making decisions, starting right now, with all the other business in the City. I think it would prove to be wise. Vice Chairman Plummer: You've already done a very, very good thing, if you're not aware, in Virrick Park and Virrick Park is very much along the line of something —didn't come out exactly the way they wanted it to at four million dollars ($4,000,000.00), but I think they're going to have something that they've never even dreamed that they might have in Virrick Park and there's also thirty parks that have already been ordered the playground equipment for, so it's not just a single thing, Monk, that we're doing. Mr. DanTinney. Mr. Dan Tinney: Yes. Good evening. My name is Dan Tinney. I am a principal partner of the Russell Partnership. The firm that was selected as the number one firm to do the design on this project. Vice Chairman Plummer: Uh-huh. Mr. Tinney: I must say that I am extremely disappointed in the action that the Commission is taking this evening. Vice Chairman Plummer: Or might take. Mr. Tinney: The proposal for this project ... we responded to this proposal in January of 1988 ... 1998, ladies and gentlemen. If this project was such an emergency, why are we waiting until now to make a decision to hire an architect? We came before this Selection Committee and were awarded number one for this project in April. Based on that, I have hired employees. I have spent considerable time and money to apply for this project. We won this project fair and square. This project was set aside as a minority project for which we also qualified. I might also add that my historic presentation qualifications are on par with my esteemed colleague, Mr. Hisenbottle. I would also like to point out that we came before the Commission to be awarded this project in May of 1998 and it was deferred. Since then my office has written letters to the Commission, to the Mayor and to the City Manager offering our help free gratis to help get this project on track. If this was such an emergency, why are we discussing this now? You could... this Commission could very easily negotiate a contract with my firm right now, just as easily as they can with Mr. Heisenbottle. A big portion of this project involves a wellness center. I was the architect of the George A. Smathers Student Wellness Center Project at the University of Miami, a hundred and twenty thousand square foot facility. I certainly have the experience to design the facility for this project. And lastly, I would also like to add that Miss Margot Ammidown, who was on the Selection Committee ... I would like to ask you, Margot, is it true or not that you ... that you... Vice Chairman Plummer: Sir, if you have a question, you do it through the Chair. Mr. Tinney: OK. The Chair ... who do I address it? Vice Chairman Plummer: Ask your question and I'll let you know whether there will be an answer or not. 130 July 14, 1998 Mr. Tinney: OK. Margot Ammidown made the statement that she was on the Selection Committee. I would like to ask the Chair to ask Margot Ammidown if she was or not employed by Mr. Heisenbottle? Vice Chairman Plummer: That's a fair question. Ms. Ammidown: No, never. Vice Chairman Plummer: Sir, you're not ... the lady... Mr. Heisenbottle: Mr. Chairman? Vice Chairman Plummer: The lady was asked the question. I think it's a fair question. The answer is simply yes or no. Ms. Ammidown: I am not ... no, never. Vice Chairman Plummer: Thank you. Next question? Mr. Tinney: That's all I have to say. Vice Chairman Plummer: Thank you, sir. The next speaker is Walter Martinez. Mr. Walter Martinez: Well, I'm also a principal of the Russell Partnership and I echo the words of Mr. Tinney. Our firm have worked for the City of Miami in the past. We done the Morningside Park and the Allapattah Comstock Park that have been very well received by the neighborhood and also have been working on the Latin Quarter Review Board for many years as a service to the City, so I think we approached this project in a fair manner and we wish to be treated fairly as well. Thank you. Vice Chairman Plummer: Thank you, sir. At this time, I'll close the public hearing and ask for discussion among the Commission. Commissioner Gort: Call the question. Vice Chairman Plummer: Let me just make a statement on the record. I want you to know that I have no problem, as I said before, but I want to make it clear, with a recommendation of the Administration. I merely questioned in excess of a fifty thousand dollar ($50,000.00) professional contract that had always been bid out professionally. And you have the right to override and recommend an emergency item. You did this and I will vote for it. I don't want anybody to say that I didn't vote for the thing that is on the floor right now. There is a motion on the floor. Mr. Vilarello: Mr. Chairman? Vice Chairman Plummer: Mr. City Attorney. Mr. Vilarello: There are certain findings I'd like to read the resolution into the record. Vice Chairman Plummer: Sir, anything you wish. Read it into the record. [AT THIS POINT, THE CITY ATTORNEY READ THE TITLE OF THE RESOLUTION INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Question. Why did it jump, in what you presented me, from seventyfive thousand to three hundred and sixty thousand? Ms. Johnson: That was the 10 percent of the total dollar value of the services that we anticipate. Vice Chairman Plummer: Seventy-five thousand was 10 percent? 131 July 14, 1998 Ms. Johnson: No. Seventy-five thousand dollars ($75,000.00) was meant as an interim amount until we could get back with ... to you with a contract. It was modified to reflect the total dollar value anticipated for the services. Vice Chairman Plummer: I'm sorry. I will vote for the three sixty, but this is the way Eastern Airlines went broke. Ms. Johnson: That's a maximum. Vice Chairman Plummer: Any further questions? Call the roll. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: The point that you make is a very legitimate point and I hope that the message that you're conveying, which I want to associate myself with, is not lost on staff to be intellectually honest about these numbers. And the game here is that everybody gives us the low ball so that they come back a year later and finish it off. And, I mean, we know that. I ... I haven't been here but a year but I figured that much out. So let's just start being intellectually honest about these numbers. And I'd like to call the question. Vice Chairman Plummer: All right, sir. What do you mean a second reso...today or later? All right. Call the ... call the roll, please. Before you call the roll, I would ask all of the people, when you exit, exit quietly. We've got an awful lot more work to do. It's a resolution. All in favor, say "aye". Commissioner Teele: No, no. This is an emergency finding. We need a... Mr. Vilarello: Four fifths vote. Vice Chairman Plummer: OK. What are you getting me in trouble for? Call the roll. 132 July 14, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-718 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, CONCERNING THE VIRRICK GYM COMMUNITY WATER SPORTS CENTER PROJECT COMPETITIVE SELECTION PROCESS FOR PROFESSIONAL DESIGN SERVICES; REJECTING THE RECOMMENDATION AND RANKING PREVIOUSLY SUBMITTED BY THE ADMINISTRATION; RATIFYING, APPROVING AND CONFIRMING THE FINDING OF THE CITY MANAGER THAT A VALID PUBLIC EMERGENCY EXISTS; WAIVING THE COMPETITIVE SELECTION PROCESS FOR SAID PROJECT; FURTHER APPROVING THE CITY MANAGER'S RECOMMENDATION THAT THE FIRM OF DUANEY, PLATER- ZYBERK, ARCHITECTS, WITH SUB -CONSULTANT HEISENBOTTLE ARCHITECTS, AND OTHER SUB - CONSULTANTS APPROVED BY THE CITY MANAGER BE CONTRACTED FRO SAID PROJECT; DIRECTING THE CITY MANAGER TO IMMEDIATELY PROCEED TO NEGOTIATE AN AGREEMENT FOR SAID PURPOSE AND TO PRESENT SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION AT ITS FIRST REGULARLY SCHEDULED MEETING IN SEPTEMBER; FURTHER AUTHORIZING AND APPROVING THE CITY MANAGER'S RECOMMENDATION THAT DESIGN WORK ON SAID PROJECT CONTINUE WITHOUT INTERRUPTION; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $360,000, FROM CAPITAL IMPROVEMENT PROJECT NO. 333124 AND FROM FUTURE FUNDS SPECIFIED FOR SAID PROJECT IN THE SAFE NEIGHBORHOOD PARK BOND PROGRAM TO COVER THE COST OF PLANNING AND DESIGN SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: OK. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Now, what's this second one that... Ms. Johnson: The second resolution was given to you earlier. [At this point she read the titled of the resolution into the public record.] 133 July 14, 1998 Commissioner Teele: So moved. Adding in the Police Athletic League as... Ms. Johnson: So noted and so... Vice Chairman Plummer: And I would like add in the Boys and Girls Club of Miami. OK. Commissioner Gort: Second. Vice Chairman Plummer: All right. Now, I only have one question. Commissioner Teele: Can we ... can we move ... Mr. Chairman? Vice Chairman Plummer: Yes, sir. Commissioner Teele: Can we get a vote on that? Vice Chairman Plummer: Yeah. I only have one question in reference to it. Again, it's in reference to the pink building. I was told, in the last time that we were here, that place ... we hope it blows away. It's leaking. There were ... the records are gone and I'm asking... Commissioner Teele: Obviously, a historical preservation Neanderthal, told you that. Vice Chairman Plummer: So where are we? Mr. Kay: We are going to preserve the pink building. Vice Chairman Plummer: Fine. Just want it on the record. Call the roll. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-719 A RESOLUTION CONCERNING THE VIRRICK GYM COMMUNITY WATER SPORTS CENTER PROJECT; APPROVING, IN PRINCIPLE, THE CONCEPTUAL PLAN FOR THE BUILDING AND SITE REDEVELOPMENT AS PRESENTED THIS DATE BY THE ADMINISTRATION AND ARCHITECT RICHARD HEISENBOTTLE; APPROVING, IN PRINCIPLE, THE PROPOSED PROGRAMMING PLAN FOR THE FACILITY AS PRESENTED THIS DATE BY THE DEPARTMENT OF PARKS AND RECREATION; DIRECTING THE ADMINISTRATION TO IMMEDIATELY COMMENCE NEGOTIATIONS WITH SHAKE -A - LEG MIAMI, INC., AND THE YMCA OF GREATER MIAMI, INC. AS PROGRAM PROVIDERS AND TO PRESENT THE NEGOTIATED USE AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL AS SOON AS POSSIBLE; FURTHER DIRECTING THE ADMINISTRATION TO CONTACT AND INCLUDE THE POLICE ATHLETIC LEAGUE AND THE BOYS AND GIRLS CLUB AS POTENTIAL PROGRAM PROVIDERS AND TO PRESENT ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL AS SOON AS POSSIBLE, IF APPROPRIATE, FOR SAID ORGANIZATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 134 July 14, 1998 Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Now, Mr. Manager, I have a question for you. Right next door, Merrill Stevens. The contract has sat for 105 days and not a damn thing has been done. Keeping in mind... Commissioner Teele: Sir, sir, sir. Vice Chairman Plummer: Keeping in mind ... keeping in mind that the day that contract is approved by the Oversight Board, we immediately get two hundred and fifty thousand dollars ($250,000.00) and the rent starts. Now, what is the delay of why it has not gone to the Oversight Board and been approved? Mr. Warshaw: It has gone, Commissioner. It's recently come back with a series of questions, which we're in the process of responding to. Vice Chairman Plummer: Is it going to be another 105 days? Mr. Warshaw: I certainly hope not. But we're going to have an extra... Vice Chairman Plummer: Is it possible that we can have it for the 21st to get this damn thing started? Mr. Warshaw: We will try to get it ... the responses to the Oversight Board back and then back to you. Vice Chairman Plummer: We need dollars, OK. You wish to... Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Mayor, Mr. Manager, look, it's obviously embarrassing to all of us when people do work in good faith ... and I've had this conversation privately with Mr. Kay as it relates to our entire architect and engineering selection process. Now, we've got contractors who have done exactly what these persons said they've done. They've gone out; they've made insurance commitments that are probably greater than they would otherwise maintain; they've done all this sort of stuff, standing by for a job. We have this miscellaneous construction ... miscellaneous A and E selection process, in which I know of architects and engineers that have gotten no work. What are we going to do and, particularly, what are we going to do for these people who went through the process under phase two, which probably never should have been a phase two, in retrospect now, back in May of'98, as I understand it. What are we going to do and what can we do to make them whole? Mr. Kay: Commissioner, you've raised a very, very good point. We do have architectural firms, landscape architectural firms that are under contract with the City, whose contracts are about to expire, who did not receive any dollars from the City for their services. That was primarily due to the fact that the last several ... two years we have been on a holding pattern in some... Commissioner Teele: Financial emergency. Everything's been on hold. We all ... I fully understand. The question is, though, Jim, what are we going to do? Can you come back to us at the next meeting ... not the meeting in September... with the recommendation of either extending those contracts or whatever is legally possible but if they have ... if they went out, mobilized, got selected and then got no work, we have no legal 135 July 14, 1998 obligation to them but we do have a moral obligation to them. And I am very, very interested in making these people whole, as well as making these other contract, the other architects and engineers whole. We've got enough work ... and working with the City Attorney's Office and with the Parks Department, maybe we can do a change of scope from one job to another job but it seems to me, if I believe ... and I do believe Mr. Adorno and I do believe that the Committee has concerns, that we have more work than we can get our hands around and, at the same time, you know, we spend all of our time going out with bids and when we've already selected people. So I'm only asking, Mr. Ruder and Mr. Kay and Mr. Manager and Mr. Attorney, if you all can figure out a way, please, to make these people whole in the ... you know, they just saw three hundred and fifty thousand dollars ($350,000.00) go away, that they were obviously disappointed, and I apologize to you on behalf of all of us. We're just trying to do the best job we can for the City and get this job done. But our job or our mission is not at all to inconvenience you or to put your company in an embarrassing situation, one. And two, in a financially impaired situation. So I'm only respectfully requesting that the Manager, the Attorney, the departments, submit a plan to us for the next meeting... let's just get it on the agenda now and hold it ... so that we can try to make the people whole or a recommendation but I strongly recommend, Mr. Manager ... Mr. Manager, I strongly recommend you consider extending all of the bids of those companies that did not get work, that were competitively selected, or those that got a little work that didn't get as much as expected. Maybe we need to go out for one or two miscellaneous but I think it was a list of...what was it, three or five? Mr. Kay: We had five architectural firms and three landscape architectural firms. They had a cap of two hundred fifty thousand, but some of them, like I said, got zero work. Some of them only got a very small amount. So I think... Commissioner Teele: Well, I think you all need to take that under advisement, in addition to taking under advisement this additional firm that has also been impaired by our action today. Mr. Warshaw: We'll bring something back on the 21st. Vice Chairman Plummer: All right. We're now ... please, we don't ... I ... I maybe made afaux pas or I didn't. Commissioner Regalado: J.L.? Vice Chairman Plummer: Mr... Commissioner Regalado: Mr. Vice Chairman. Vice Chairman Plummer: Harry, do you want to make a comment? Mr. Harry Horgan: No, I would just like to a... Vice Chairman Plummer: Are you so please that you're just speechless? Commissioner Sanchez: That's right. Mr. Harry Horgan: It's been a real pleasure working with all of you and the City staff and we ... you've got our commitment that we're going to work hard to bring you a project that you're going to feel very proud at ... of. Working with Hank Adorno and the whole Trust for Safe Neighborhood Parks Committee to bring this to fruition. You guys are just opening the door to what's going to be, we believe, a premiere Water Sport Center. Vice Chairman Plummer: Thank you, sir. Mr. Horgan: Thank you. Vice Chairman Plummer: All right, ladies and gentlemen, again, I ask you to exit quietly. We still have a lot of work to do. Commissioner Regalado: I got a question for the Administration, Mr. Vice Chairman. 136 July 14, 1998 Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Meanwhile ... Mr. Manager, I was troubled by what you said about the Merrill Stevens Project. Vice Chairman Plummer: Please be quiet! Commissioner Regalado: What is precisely what they're asking for, the Oversight Board? Have they returned? Have they sent back the contract to you? Have they rejected, approve it? Mr. Warshaw: Commissioner it's a four -page response from the Contract Committee of the Oversight Board and the proposer is looking at some of the potential changes to see if he's willing to make some adjustments, so I'll make sure you get a copy of this. Vice Chairman Plummer: I think we should and I would like to get it done, if nothing more, to get the money in-house. Commissioner Regalado: OK. If I can understand this ... so they want to make changes, so we have to approve it, right, if they do make changes? Vice Chairman Plummer: I guess. Mr. Warshaw: They're making potential changes to the lease agreement. Now, you would have to approve it if the changes were not resolved and had to be brought back to you. Vice Chairman Plummer: Right. Mr. Warshaw: So it's very possible it will be back. 63.APPROVE RELOCATION OF NATIONAL JOURNALIST ASSOCIATION OF =.CUBA IN EXILE TO MANUEL ARTIME COMPLEX. Vice Chairman Plummer: Mr. Regalado, you got two other pocket items? Commissioner Regalado: I do, sir. Vice Chairman Plummer: Proceed. Commissioner Regalado: One is a very simple one. Vice Chairman Plummer: Thank God. Commissioner Regalado: An item directing the Administration to relocate the National Journalist Association of Cuba in Exile to the Manuel Artime Complex. The reason for this is very simple. The person that takes care of the office had a fall and he cannot climb the stairs. So there's office space in the building on the first floor and we just need direction from the Commission to the Manager to move these people. There's nothing extraordinary here. This is the one pocket item. Vice Chairman Plummer: Motion made. Is there a second? Is there a second? Commissioner Teele: Second. Vice Chairman Plummer: Seconded. Any discussion? All in favor, say "aye." All opposed? The Commission (Collectively): Aye. 137 July 14, 1998 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-720 A MOTION APPROVING THE RELOCATION OF THE NATIONAL JOURNALIST ASSOCIATION OF CUBA IN EXILE TO THE MANUEL ARTIME COMPLEX. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 64. APPROVE PETITIONING MIAMI-DADE BOARD OF COUNTY COMMISSIONERS' TO PERFORM AIRPORT NOISE COMPATIBILITY PROGRAM AT MIANII INTERNATIONAL' AIRPORT. Vice Chairman Plummer: Next item. Your last item. Commissioner Regalado: OK. The last item that I have is ... I sent to the members of this Commission and the Manager a long memo about a meeting that I attended in Miami International Airport regarding noise abatement measures. Vice Chairman Plummer: Oh, yeah. Commissioner Regalado: And I'm telling you, we were suppose to, today, have approved the five sites for the noise detectors. I think that we're going to do that on the 21 st of July. However, however, I'd like to bring to the board a resolution petitioning the Miami -Dade Board of County Commissioners to perform a Federal aviation regulation part ... what they call... Vice Chairman Plummer: Make your motion. Commissioner Regalado: Part 150 Airport Noise Program. And let me just briefly explain to you what this is. This is a Federal program. This has to be paid by the Aviation Department and by the County and we don't have to do it right now. We just want the County to be on notice that we want to participate in this study. And I will tell you that, in the City of Chicago, because of O'Hare Airport, the Federal government had to give home owners fifty million dollars ($50,000,000) to have something installed in their houses so they can be free from some of the noise. So this resolution petitions the Dade County Board of Commissioners to perform a Part 150 Airport Noise Compatibility Program at Miami International Airport and this is ... I move this. Vice Chairman Plummer: Motion made. Is there a second? Commissioner Teele: Second. Vice Chairman Plummer: Is there any discussion? Call the roll. It's a resolution. I'm sorry. All in favor, say "aye." The Commission (Collectively): Aye. 138 July 14, 1998 Vice Chairman Plummer: It passes. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-721 A RESOLUTION URGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO SUBMIT AN APPLICATION TO THE FEDERAL AVIATION AGENCY TO IMPLEMENT A PART 150 AIRPORT NOISE COMPATIBILITY PROGRAM AT MIAMI INTERNATIONAL AIRPORT. (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: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 65. DISCUSSION BY COMMISSIONER TEELE REGARDING NEEDS OF DISTRICT 1': ILLEGAL' DUMPING AND NET STAFFING -''FURTHER DIRECTING CITY MANAGER TO PROVIDE HIM'. WITH WEEKLYREPORTS OF ACTIVITIES OF NET OFFICES WITHIN HIS DISTRICT. Vice Chairman Plummer: Mr. Teele, pocket? Commissioner Teele: Mr. Chairman, I'm going to pass on pocket items just for one minute because I want ... I'm not going to bring any up but let me just make several observations. Vice Chairman Plummer: All right, sir. Commissioner Teele: All day today I've been hearing one thing, it's going to come up on the 21 st. It's going to come up on the 21 st. I hope we're not creating an agenda from hell on the 21 st, Mr. Manager. Vice Chairman Plummer: No, sir. It's going to print in the morning, so pretty much it's... Commissioner Teele: A lot of heads are shaking. Now, let me just say this to you. The trim notices are done on the 21 st. That's when the City sets the millage rate or the highest level of millage that we're going to do. There are a lot of issues... important issues that are coming up. I know that, as it relates to a number of activities that were supposed to be on this agenda. The BAME projects, several things, they didn't get on the agenda for whatever reason, Mr. Manager. I hope that's management. I hope that those are ... but I want to serve notice on the management that I am not going to be treated like a second class Commissioner. I have raised innumerable issues for the last four months and I've not gotten any responses to them and I'm not playing with you, Mr. Manager and your staff. I'm very serious. I put my neck on the line to support a fire fee when this Commission was not there with you. I have worked day and night to try to make sure that the budget of the City is supported and, yet and still, I see that the district that I represent is being treated like a second class citizen and I'm not going to tolerate it. I'm not going to allow it. Now, I'm going to put you all on notice that if this management doesn't change some things, I will not be supporting millage trim notices or budgets. That's the only ... you know, all I got is, as Commissioner Soto says, one vote. All I have is one vote. Last time I counted, the budget passed three to two. Well, I'm telling you right now, if there aren't some issues being addressed in Overtown and in Little Haiti, in the Hadley Park area ... you know, I sat here. I worked with these people today. But I got to tell you something, Mr. Manager ... Mr. Ruder, you need to 139 July 14, 1998 hear this ... you've got a park over there that Miller Dawkins got the money for five years ago for a park in Hadley Park, for a building. Four years ago. That money has been sitting there, OK? We're still trying to get architects worked out in Community and I realize it's been a lot of back and forth between the Optimists and the home owners and this, that and the other. But the fact of the matter is this, all I heard everybody saying is that the Manager sat down and worked it out and negotiated with you, Mr. Ruder, and you guys get ... all get great kudos for working in the Grove. Well ... I'm going to give you an address. I'm going to give you a map and show you where Liberty City is and where Overtown is and Little Haiti is. We approved, a year ago, a NET office in Little Haiti. I wasn't here. Mayor Carollo did it. I raised the issue three times. I talked to the Budget Officer today and said, has anybody talked to you about this problem? Budget Officer says nobody's brought it to my attention. Did you know that, Mr. Manager? That's what he told me today. I said, you be sure you talk to the Manager because I'm not the Manager. I'm not the Assistant Manager. I'm not the Chief of Staff. But if Asset Management and Community Development and NET can't cooperate and can't all communicate, then I'm not going to be supporting you all's budget. It gets down to that. See, I've been involved in the legislative process a little bit longer than some people and I know. I will shut your departments down one by one if I don't get some cooperation. And I'll start moving money out of budgets because I will tell you right now, this Commission is not prepared to support this budget you all have got up here. This is a budget that's got higher fees and higher taxes and I've been one of the few people willing to support it. Now, if you guys are going to stick it to me the way you've been sticking it to me for the last four months ... you know, as I read, Al Dunlop said yesterday, the guy that just got ousted at the board there at Sunbeam, he said, duck shoot's fun'til the duck starts shooting back. You know, this has been a duck shoot in Overtown and a duck shoot in Liberty City, Model Cities and Little Haiti. Well, I've got to serve notice on you, Mr. Vice Chair, Mr. Mayor, Mr. Manager, the ducks are going to start shooting back. And I want some changes in the way the district that I represent is dealt with. The trash is not being picked up. You got all kinds of illegal dumpsters out there. That's trash that is being earmarked for the inner city at night and I've had this conversation with Chief Warshaw and I'm pleased that you're acting on it, Chief, but I want to put it on the table so that everybody understands where I'm coming from. This is not personal. This is strictly business at this point. I sat up here today. I saw one point two million dollars ($1,200,000) go to Bayfront today. Fine. I saw a hundred thousand dollars ($100,000) go to Morningside. Fine. We just approved three point eight million dollars ($3,800,000) to Coconut Grove. Fine. I don't have a problem with that. How much money, Mr. Assistant Manager, had ... did you all redirect out of Overtown? Have you and Mr. Cook gotten together yet? Is it a million dollars ($1,000,000) or is it over a million dollars ($1,000,000)? I mean, you all said you'd get back to me after lunch. Well, it's 6:00. Vice Chairman Plummer: I have the thing and, unfortunately, while everybody was talking, I did not have the opportunity to read it. I'll share.... Commissioner Teele: J.L., it ain't about you. It's about me, OK? Vice Chairman Plummer: I'll share it with you. Commissioner Teele: This is not about you. It's about me. And I'm entitled to an answer and we're not going home tonight until somebody says how much ... I've got it here but they need to put it on the record. Because you said you didn't believe it was a million dollars ($1,000,000). That's what you said this morning. You said, excuse me, I don't believe it's been a million dollars ($1,000,000). Vice Chairman Plummer: I still say that. Commissioner Teele: Well, it's more than a million dollars of money redirected out of Overtown. Vice Chairman Plummer: But you also said that it was money that I took out of Overtown. Commissioner Teele: I will show you the motion that authorized it and it was a motion from you toCesar Odio saying, do whatever is necessary and don't come back here and tell us how to do it. Just do it administratively. Vice Chairman Plummer: Exactly, exactly. But that was a motion made... Commissioner Teele: Well, I got to tell you, that's called a wink and a nod. Because, at the end of the day, how they did it administratively was took it out of Overtown and took it out of the parking... 140 July 14, 1998 Vice Chairman Plummer: Was it a unanimous ballot? Commissioner Teele: Sir? Vice Chairman Plummer: Was it a unanimous ballot? Did all of the Commissioners vote yes? Commissioner Teele: Commissioner, I'm not here at all to complain about what has happened in the past. Vice Chairman Plummer: OK. Commissioner Teele: I'm here to say that, as long as I'm here, I expect the district that I represented to be treated equally. We don't have NET people. We don't have NET staff people. I'm encouraged that the Manager's looking at this issue. Little ... on radio in Little Haiti. I'm getting —the City is getting beat up. The committee's... the Commission's getting beat up because you don't have anybody that's speaking the language of the people that live in Little Haiti and that's not right. And then I hear that they're talking about amortizing the cost of the re ... the cost of the build -out over five years. Now, let me tell you something, whoever recommends that ought to be fired if it comes forward. Why would you ask a minority business person to finance the City of Miami? I mean, does that ... would you do that to your father? Would you do that to your uncle? Would you do that to somebody that means something to you? Haitians are people too. We just sit up here and give one point five million dollars ($1,500,000) away this morning, didn't we? One point three million in waivers and somebody say, well this ... explain this isn't General Fund money. It was general fund money. It was one point three million dollars ($1,300,000). One of the unions got up and objected. All that I'm saying, gentlemen, is let's, as a Commission, send the word to the management that the good old days of separate but equal is over and I'm not going to tolerate it. I am not going to sit here and tolerate a Commission that allows a particular.. just like I said I would not support a Commissioner being here and not having representation on the MESA Board. I don't expect you all to tolerate what is going on in Overtown and what has been going on in Little Haiti. The illegal dumping is totally out of control. It's totally out of control. And all I've been asking for is, what are we going to do for four months and all I hear about is, we're going to look at it. And I said this, you know, two months ago, when we started talking about changing managers. There are issues that I've got on the table, Don ... Chief Warshaw, that I've had on the table. This Commission voted unanimously to instruct the Manager not to hire anybody else, don't put anymore people on board until you bring the NET offices to one hundred percent staff and, yet, there's a game every time. There's a game on every thing, even in the district that I represent out there on the Night Manor area where we've got the problem out there, in Night Manor. I've asked Christina, repeatedly. I say, Christina, I would very much like for you ... I called you on Friday before... Thursday, before the 4th of July and said, Christina, I really would like for you all to come up with a plan. I said, I believe, significantly, that the CRA can help out because there's a lot of overhead there and rather than going out ... and we've already made one mistake. Let's keep this thing under control. I want to ... like see it on this agenda. It's not on the agenda. You know, is it on the agenda for the 21 st? So, all that I'm saying is this, the ducks are going to shoot back. I am not going to support this City's budget. I am not going to support this City's Administration, if the district I represent is not treated fairly. And I've got to tell you ... I'm serving notice ... I will not be supporting the budget of the City of Miami; I will not be supporting the roll back ... the notices because ... you know, what you all are doing is, you're raising taxes, just so that everybody understands. You're going to come in here on next week and raise taxes, those of you who want to say that you're against taxes. I'm against taxes. I'm supposed to be a Republican but I will tell you this, I have always voted to support government carrying out its responsibilities. You're going beyond the roll back notices, is that correct? You're going to exceed the roll back notice, right next week? Commissioner Gort: That's not my understanding. Commissioner Teele: Oh, yeah. This City has always gone beyond the roll back notice. The roll back notice is the amount of money that it takes to collect the same amount of money. What they're going to do is, go back and move it up another two tenths of a mil. That's what they're going to do. That's a tax increase, just so that everybody's real clear on what this is. And all that I'm saying to you is, I have tried to play ball by the rules here but I have not gotten no support in the district that I represent. The socalled 3rd Avenue corridor did not move one dollar of money, just so that everybody's clear. It ... I did not ... no, it only said that we are committed to moving dollars in the future. I have tried to be fair but I see right now this is not a game where you're fair. This is a game where every man for himself. I don't like playing like that. 141 July 14, 1998 But the only thing that I'm saying is, I'm going to start with the management because I think the management has a responsibility to move forward in an agenda to treat these commissions... these districts fairly. And I will not sit by and allow the NET offices, particularly in Overtown and in Little Haiti, to allow the kind of illegal garbage and illegal dumping that's going on, not have the kind of staff support, not have the kind of support for virtually any of the things that are important, that I've been asking the management to move on for the last four months. So that's my pocket item. My pocket item is the duck shooting back. This is no longer a duck shoot. Commissioner Gort: Mr. Vice Chairman? Vice Chairman Plummer: All right. Quack, quack. Mr. Gort. Commissioner Gort: Commissioner Teele, I understand how you feel and I want to make sure that we all understand. When I first got elected November, '93, I got elected and one of the things that elected me is the emphasis I put in the NETS. My speech in every neighborhood is, the one thing we have drive forward with the City of Miami is make sure that we create standards for all our neighborhoods and that we bring all our neighborhoods to those standards. And I think what Commissioner Teele is saying is what we've been saying for a long time. There's some places we're going to have to work a lot harder on some items, on some issues than other places because they don't have the same problem. That's what the NET was created, so they can put the emphasis in the problems within that district and put all the effort to create those problems. So I fully agree that we have to bring all our neighborhoods to standards. Vice Chairman Plummer: Mr. Manager, I want to tell you that, I put you on record that I asked that, starting July the 1 st, that I wanted a weekly report from every one of the NET offices in my district, giving me what they had done for the previous week. Starting July the 1 st. It is now July the 14th, the second week, and I've only received one and that's from Coconut Grove. I think every Commissioner up here should have that same kind of concern of wanting their NET offices to respond to them of what's going on, OK? 66. DISCUSSION REGARDING PLAN TO RESTORE TEATRO MARTI — FURTHER DIRECT CITY' MANAGER TO RETURN TO CITY COMMISSION WITH ALTERNATIVES BY JULY 21, 1998. Vice Chairman Plummer: Mr. Sanchez, you have a pocket item? Commissioner Sanchez: Well, it's... Vice Chairman Plummer: Or you have an item you wish to discuss? Commissioner Sanchez: It's not a pocket item. I'm ... truly, I'm going to need the advice and support and guidance on this issue, you know. It's part of my district. It is something that's been bothering me for a while. I've done just about everything I can on this issue. Vice Chairman Plummer: Lay it on the table. Commissioner Sanchez: I'm going to lay it on the table. You're not going to be very happy about it but it's Teatro Marti. And I'll tell you this much, I've been there. I've seen the property. I've had the opportunity to sit down with Mr. Capote, who I feel terribly for, because I think he's got the rope around his neck and I don't want to be the one to spook the horse, if you know what I mean. So I'm basically asking the community, not only the Commission, to help me as much as they can on trying to do as much as I can for a historical site that really is an important part of the Cuban history and that'sTeatro Marti. I realize in the past that the Commission has acted very, very fairly with him. I realize that he's also done as much as he can for that establishment. Although, I don't feel that much of it is his fault. The crime in the area has terribly... property value in that area has gone down. Just a month that I've been here, I wasn't very aware of the district, I am now for driving around and seeing the district. I ask you and I plead with you, please, do as much as you can. Do not let the eagle shed a tear here today. As we could come up with something ... I don't know what we can come up with but maybe we can come up with something to help him as much as we can because, for one, that theater holds so much history and it's a part of us. It's a part of this community. And being that I'm new, I ask you, my colleagues, please, to support me on this issue. See what we could do. I don't know what avenues to take. I've done just about everything I can. I've helped him set up meetings with the Capital Bank. I've talked to his attorney. I've just ... I'm to a point where I don't know what to do to 142 July 14, 1998 help him and I'm ... please, I beg of you... Vice Chairman Plummer: Mr. Manager? Commissioner Regalado: Can I say something else? Vice Chairman Plummer: Sure. Commissioner Regalado: I think Commissioner Sanchez is right. You know, we have a duty to protect the investments of Miami Capital. We also have a duty to protect the historic sites and the Lyric Theater in Overtown... I was there. It's a beautiful theater. We discussed the Tower Theater. And now we have this situation with the Marti. Marti has been before this Commission many, many times. But I have said in the past and I'm not shy to say it again, the Marti has been victim of circumstances rather than victim of itself. Luckily, we all learned today that the DOT is going to do some work on Southwest 8th Avenue, from Southwest 8th Street to 4th Street Northwest. That would bring a better image to the area that has been so bad in the past and there is no denying that. I don't know, Mr. Manager, what else we can do. I know that they are in the process of 30 days notice to bring money and if they go back again, they have to deposit 10 percent of the property value so they can get the theater back. Vice Chairman Plummer: How about if I direct that they go to the Manager to see if there's anything that can be done and come back to this Commission at the next meeting, if there is anything? Commissioner Gort: Let me ask a question. Vice Chairman Plummer: Sure. Mr. Gort. Commissioner Gort: My understanding is, we have a letter here from the attorney, which represents, one of the problems that we've had in the past, is the commitment were made that would... I think we all knew that could not be met by the individual because of the location and what's taken place. My understanding is, what they're requesting in here, they have rent which pays fifteen hundred dollars ($1500) and fourteen hundred dollars ($1400) per month. They can commit that rent directly to the bank so they can go ahead and complete the bank. My understanding, from reading this letter ... and you tell me if I'm correct ... that you could begin making payments to the City on September the 1 st. Mr. Jose Marquez: Yes, sir. My name is Jose Marquez. I am an attorney... Vice Chairman Plummer: Sir, excuse me. Mr. Gort, are you finished? Commissioner Gort: Yes. Vice Chairman Plummer: I ... with a kind permission of my colleagues, I think what we need to do is, we need to send it to the Manager. Let him see if there's anything that can be worked out and if he can, he will report back to us at the next Commission meeting. Commissioner Regalado: Yeah, but... Vice Chairman Plummer: There's no reason to go explore this thing out tonight. I don't think we're going to accomplish a damn thing. Commissioner Regalado: No, we're not going to accomplish but... Vice Chairman Plummer: We've been through it time and time again. Commissioner Regalado: But we should at least give them some assurances that at least —maybe not in the next meeting but the members of the Commission will be briefed immediately on what the options are in terms of Miami Capital and what they're asking in the letter. And it will be best if you don't speak because that way we ... you know, we don't have to go into legal problems. Mr. Marques: No. The only thing I was trying to say, we have the money to pay the taxes 143 July 14, 1998 Vice Chairman Plummer: Sir, sir, excuse me. If you're a paid lobbyist, you have to register and give the City a check for six hundred dollars ($600). Now, would you like to speak? Commissioner Regalado: No ... and not only that, I think that the Administration and the will of the Commission or most of the Commission is... Vice Chairman Plummer: All right. It is within my purview, as Vice Chairman, I'm going to direct the matter to the City Manager and, again, if there's any way that this City can be beneficial and fair to all concerned, then he will report back to the Commission and I thank you very much. 67. VICE CHAIRMAN PLUMMER CONGRATULATES WORLD CHAMPIONS' FRENCH SOCCER' TEAM. Vice Chairman Plummer: Mr. Sanchez, do you have any other pocket items. Commissioner Sanchez: No, no further... Vice Chairman Plummer: Mr. Gort, do you have any pocket items? Commissioner Sanchez: But I want to thank you. Vice Chairman Plummer: Thank you, sir. I think one of the things that we overlooked at the sake of possibly irritating some of our Brazilian friends today is July the 14th, which isBastill Day, and I think we should send a congratulations to the soccer team of France, who won on Sunday, they're done. 68. (A) DISCUSSION IN CONNECTION WITH FORT LAUDERDALE'S LOT CLEARANCE ORDINANCE. (B) COMMENTS REGARDINGTRASH CLEANUP EFFORTS IN MIAArII BEACH —'FURTHER BY COMNIISSIONER REGALADO' ON INITIATIVE TO EARMARK PROCEEDS FROM REAL PROPERTY SALES FOR CLEANUP. Vice Chairman Plummer: Mr. Manager, if I may ... I do have two pocket items but I would like to go back to an item we discussed earlier in the day. To you and to the City Attorney. All day Mr. Teele, myself and others have spoken about the trash problem that is insurmountable or looks to be. Mr. City Attorney, I ask you, please, to come back, even if you can, at the next meeting with an ordinance similar to what Fort Lauderdale is doing, so that we can have that for us. Second of all, we have now, Mr. Teele, a committee established by the City Manager in reference to lot clearing. I think it is only right that, in an ordinance establishing, that there should be a 20 percent administrative fee added to the cost of the lot clearing when they don't do it for themselves. I ask, Mr. Manager, that you look at the program that the City of Miami Beach used. The previous administration was very much aware and I'm asking you to look at it. Private haulers volunteered, as well as the City, I believe on three different occasions, where they, on a weekend, on a Friday afternoon, put out these huge dumpsters like 40 yards in about 10 different locations and encouraged people on that weekend to go to that dumpster and get rid of anything they wanted to get rid of, with the exception of tires, batteries and hazardous waste. They did it on Miami Beach. It was a tremendously successful program. The private haulers volunteered and they did it free of charge for the City of Miami Beach. I think, if we could get something like that in the City, it might not eliminate the illegal dumping but I think it would at least help to do some of it. That they would put it on Friday, Saturday and Sunday and they picked them up on Monday morning and they did it three times a year. I have... Commissioner Regalado: Could I say something? Vice Chairman Plummer: I have two pocket... Commissioner Regalado: Before you do? Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Yes, very briefly. I'd like to go back to what I said. I know that we have an 144 July 14, 1998 Oversight Board. I know that we have a Blue Ribbon, a White Ribbon and a Red Ribbon Committee but I think, Mr. Manager, that... Vice Chairman Plummer: What about the yellow ribbon? Commissioner Regalado: And yellow ribbon. I think that... you know, I remember Mr. Marquez back when I started asking for money for the street sweepers in '97. He said it was impossible but we did it. I think that out of the properties that we are selling or are in the process of selling, if we could use some money for a one-time clean-up operation ... Overtown, Liberty City, Little Haiti, Flagami, Shenandoah... all the City's dirty. I mean, you know... probably not Bayshore Drive but I'm telling you that ... and we can't blame the Solid Waste Department. We can't. Because these people really work hard. Last Tuesday, people that were picking up the trash in Shenandoah, the west, that were behind, they had a half an hour break and they sat with me in front of my house ... three trucks and some of the people on the crane ... and we talked for half an hour because they only had half an hour to work. Ninet}-two degrees and they kept working until 7 p.m.. So, you know, Solid Waste, there's nothing that we can say about them but praise. But I will tell you, Mr. Manager, that, if we can get two hundred thousand dollars ($200,000), three hundred thousand dollars ($300,000) for a major clean-up operation, the City ... you know, the City's morale will rise. The employees' morale will rise. When merchants see the street sweepers on Coral Way and Southwest 8th Street, they're happy. And I just would request from you to look into that because I think that ... you know, it's good to have money in the bank but, like they say to the people, what do you do when you die? I mean, J.L. knows because he puts things... Vice Chairman Plummer: Yeah, I take care of that. Commissioner Regalado: You don't take the money with you. And this City does not want to be part of history. We're about to a hundred and two years old next week or this week. And... Vice Chairman Plummer: July 27th. Commissioner Regalado: Right. So I will tell you ... I will plead with you to give us an answer and use a lot of money to clean up the City of Miami. If we do it in a week, I will tell you that the people would understand and will keep it clean. So I hope... Vice Chairman Plummer: Can I do my pocket item? Commissioner Regalado: ...that by next week we'll have some... Vice Chairman Plummer: Can 1 do my pocket item? Commissioner Sanchez: Go ahead. 69. 'AUTHORIZE PROFESSIONAL SERVICES AGREEMENTWITH JORGE CARVALHO — FOR EXECUTIVE DIRECTOR OF INTERNATIONAL' TRADE BOARD - FOR $12,000. — ALLOCATE FUNDS FROM ITB BUDGET, ACCOUNT 001000.921084.6.270. Vice Chairman Plummer: This poor guy has not been paid. NOTE FOR THE RECORD: COMMISSIONER PLUMMER READ RESOLUTION INTO THE PUBLIC RECORD. Vice Chairman Plummer: I got to pay the guy. Commissioner Teele: Second the motion. Vice Chairman Plummer: All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: 145 July 14, 1998 RESOLUTION NO. 98-722 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH JORGE M. CARVALHO, CONSULTANT, TO PERFORM THE SERVICES OF EXECUTIVE DIRECTOR FROM JUNE 1, 1998 THROUGH SEPTEMBER 30, 1998, FOR A FEE NOT TO EXCEED $12,000.00; ALLOCATING FUNDS THEREFOR FOR SAID SERVICES FROM THE FISCAL YEAR 1997-1998 BUDGET OF THE INTERNATIONAL TRADE BOARD, ACCOUNT CODE NO. 001000.921084.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 70. ACCEPT SPONSORSHIP FROM OMNI POINT COMMUNICATIONS FOR $25,000.00 — FOR CLOSINGRECEPTION OF 1998 SISTER CITIES INTERNATIONAL CONFERENCE. Commissioner Gort: Wait a minute. Vice Chairman Plummer: Wait what? Ah, shut up. Vice Chairman Plummer: A resolution... for your information, by the way, all of you will be invited. On August the 1st, the City is sponsoring... at no cost to the City, the City is sponsoring the closing ceremonies of Sister City Programs, the Sister City International will be here for three days and it will be in Bayfront Park. And, according to the to Law Department, I have to accept a resolution accepting sponsorship from Omnipoint Communications in the amount of twentyfive thousand dollars ($25,000) to be used for the cost associated with the closing reception of the 1998 Sister City International Conference. Authorizing the City Manager... Commissioner Gort: Move it Commissioner Teele: Second the motion. Vice Chairman Plummer: All in favor, say "aye." The Commission (Collectively): Aye. 146 July 14, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-723 A RESOLUTION ACCEPTING SPONSORSHIP FROM OMNI POINT COMMUNICATIONS, IN THE AMOUNT OF $25,000, TO BE USED FOR COSTS ASSOCIATED WITH THE CLOSING RECEPTION OF THE 1998 SISTER CITIES INTERNATIONAL CONFERENCE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID SPONSORSHIP. (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: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 71. PERSONAL APPEARANCE: WILLIAM CULLOMIN CONNECTION' WITH JULY 11, 1998, OMNI CLEANUP. Vice Chairman Plummer: Mr. Bill Cullom. As much as I hate the Chamber of Commerce, would you like to make a comment or two about what you're being here for, sir? Mr. William Cullom: Well... Vice Chairman Plummer: To the microphone, please. No. Yeah, about the only time somebody today is going to say something nice. Mr. Cullom: Well, I was here for that very important vote that you had earlier on Shake -A -Leg. Shake -A -Leg has been one of my favorite programs for the last three years. I've worked with them very closely. I've worked very closely with your Manager and your Chief for the last few years he's been there. We have a very good close relationship and I know all of you, except Mr. Sanchez, and I look forward to getting to know you. Vice Chairman Plummer: Will you get Jay Weiss off my butt? Mr. Cullom: But I appreciate your furnishing the water for our clean-up crew that we had in the Omni Venetiary. We had two hundred people working there Saturday... Vice Chairman Plummer: Well ... went very well. Mr. Cullom: To clean up the Omni Venetian area and it went well, so congratulations and thank you very much. 147 July 14, 1998 Vice Chairman Plummer: All right. Mr. Manager, there's been a request that possibly we remember and what do we remember? Andrew; that it would be well if you could put together some kind of a document on behalf of the City and the Emergency Office of which you have ... and you can find a sponsor ... that it would ... might be well that we put out some kind of document, which we can do through the Sanitation Department, for the citizens of our city relating, making them ready in case, not for another Andrew but for an emergency kind of a situation. And I think it will be well if you do that. 73. DIRECT CITY MANAGER TO RESEARCH CREATING UNSAFE STRUCTURES BOARD. Vice Chairman Plummer: Mr. Teele, I beg of you, sir, to go and assist me at 1 st Avenue and 19th Street and to 20th Street, where I can't get the Administration to do a damn thing. There was a fire in this building across from National Freezers 14 months ago. The cars that were burnt out are still inside. It is full of tires. Commissioner Teele: It's in Overtown, isn't it? Vice Chairman Plummer: Well, you see why I'm asking you? No. The fire is in my side and I said to the lady who lives... Commissioner Teele: But your side of Overtown. Vice Chairman Plummer: No, no. On your side ... on one side of 1st Avenue is yours... Commissioner Teele: Nineteenth Avenue ... l9th Street? Vice Chairman Plummer: Nineteenth to 20th Street. First Avenue to Miami Court. Commissioner Teele: That's Overtown. Vice Chairman Plummer: Sir... Commissioner Teele: OK. J.L., I will ... look, I commend you and I'll work with you. The problem that the Management just refuses to deal with is that there are structural problems. I'm listening to Commissioner Regalado. I agree with you. I don't mean to demean in anything what you're saying, but you can do a million dollars ($1,000,000) worth of trash clean-up. You have a structural problem in the poor parts of this community. Vice Chairman Plummer: Absolutely. Commissioner Teele: And the structural problem is, you've got slum lords who are repairing buildings that are using illegal dumpsters... Vice Chairman Plummer: Oh, absolutely. Commissioner Teele: ...with City money. I mean, I asked the Chief to go down there today. You've got a dumpster down there that's probably as big as anything in front of the arena down there being built. Illegal dumpster. You know where that trash is going to go? It's going to go on the streets of Miami. Vice Chairman Plummer: Absolutely. Commissioner Teele: And all that I'm saying is that, unless we deal with the structural problem of NET... Vice Chairman Plummer: You've got to do something. Commissioner Teele: ...of Building and Zoning ... and with all due respect to the Police Department, we've got to make the departments do their job. There's no way a person ought to be out there doing construction. 148 July 14, 1998 And this is happening in the poor parts of the community because we've created this fire fee. We've created all this stuff. We've taken all the profit out of owning poor buildings. We need to understand that. We have taken the profit out. So now people are doing what they ... it's the law of the jungle. And what they're doing is, they're taking dumpsters ... Chief, there are all kinds of dumpsters in Little Haiti. Companies that you've never heard of that we're not collecting money from. Some of them are legal, that is, they don't... they're not permitted by us. They're a legitimate companies but most of them are illegitimate ... illegal companies. That trash doesn't go to a land fill. That trash gets recycled into the rest of the poor parts of this city and until Building and Zoning, until Fire, Police and, most of all, these NET offices, are directed and given the resources to go out here and stop it, it's... Vice Chairman Plummer: Can I ask a question? Mr. City Attorney, can we ... and I'll ask you to look into it ... can we create our own City of Miami Unsafe Structures Board? You know, we're talking about sometimes months to get an unsafe structure before the board. You're saying no. I'm saying, let's look at it and see if it's possible. Mr. Vilarello: I'll be more than happy to look at it. Vice Chairman Plummer: All right. Because it is ... that's one of our problems now, is this process of going through unsafe structure board can take months. Months. Go right here at Tiger Tail and Washington, right on the corner. I've been after the City Administration to go do something. You know what they're telling me? We're trying but we're tied up in bureaucracy. I'll show you the green house over here on Frow Avenue. I've asked for months, three memos. Please get it shut up. It is a crack house. It is a house of ill repute. I can't even get the place boarded up, much less get it demolished. Commissioner Gort: J.L., let me tell you, for each house that you mentioned, in our neighborhoods, we can multiply by 20. So we need to... Vice Chairman Plummer: But why are we not multiplying what we're going to do by 20? That's the point I'm trying to make, OK? I think that we have got to get together and to go into this. I want to tell you, I hope that I can very well serve on this board a lot clearing because if I can and they put a 27...20 percent administrative fee on the cost, I'm going to recommend that we bring in private firms and we're going to clean this damn city up. Now, I'm willing to do it and put my shoulder to the wheel. Is there any other burning issues to come before this City Commission? All right. So we meet again on the 21 st. Mr. Teele, you have something you want to talk about? Commissioner Teele: Mr. Chairman, thank you very much. I appreciate very many your concern and I think we all share it. But, J.L., you know, you've got one of the more affluent areas of our city and I say that with great respect. You know, I wish that some of our other communities were as affluent but, you know, we really have some structural problems and part of the issue, J.L., is that we all need to work together. You know, you've said, jokingly, on the record, God. And I've seen you driving around in Overtown and in Little Haiti because we share the district... Vice Chairman Plummer: Contiguous. Commissioner Teele: And you know how bad the trash is... Vice Chairman Plummer: Absolutely. Commissioner Teele: I mean, trash is everywhere. Vice Chairman Plummer: Absolutely. Commissioner Teele: There are rodents ... rats that have names that are operating totally there right on 3rd Avenue, right in the center of the business corridor. Vice Chairman Plummer: And they're four -legged. Commissioner Teele: No. I'm very serious, J.L. Right under the Metro -Rail underpass on 3rd Avenue. 149 July 14, 1998 Vice Chairman Plummer: I know exactly what you're saying. Commissioner Teele: There are rodents at ... more than one foot large, you know. Commissioner Gort: If you need target practice, you can go to Produce Market and I'm telling you, they're large enough that you can practice on those things. Vice Chairman Plummer: You know, I guess, really, what we're saying to the Manager, interim, acting or otherwise, we have got to do something. The people of this town are up to their neck in dope and in trash and we've got to do something because what we're doing now, right now, today, is not working and we've got to come up innovative ideas to do something, to change, to make it different. Take it from there. Today is his 44th day and, as my Latin constituents would say, quakidor con quakidor. This meeting is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:35 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK VICE CHAIRMAN J.L. PLUMIVIER, JR. PRESIDING OFFICER/CHAIRMAN 150 July 14, 1998