The URL can be used to link to this page

Home My WebLink AboutCC 1998-07-21 MinutesCITY OF MIAMI * `: INGUlRN ORATES I b"`16 COMMISSION MINUTES OF MEETING HELD ON July 21, 1998 (Planning & Zoning Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. FoemanlCity Clerk ITEM NO. INDEX MINUTES OF PLANNING & ZONING MEETING JULY 2191998 SUBJECT LEGISLATION 1. PRESENTATIONS AND PROCLAMATIONS. 7/21/98 DISCUSSION 1-3 2. CONSENT AGENDA. 7/21/99 (A) AMEND SECTION 2 OF RESOLUTION 98-624, R 98-724 WHEREBY BIDS WERE ACCEPTED FROM BELL & SON 3-13 FENCE CO., WARREN FENCE CO., INC., AZTEC ROOFING CO., AND C & F DECORATING SERVICE - FOR FURNISHING AND INSTALLATION OF CHAIN LINK FENCING CITYWIDE, IN A TOTAL AMOUNT OF $120,000, -- THEREBY RESCIND CONTRACT AWARD TO AZTEC ROOFING COMPANY - FOR CONTRACT DECLINATION - FURTHER AMEND RESOLUTION 98-624 TO CORRECT THE NAME OF C & F DECORATIVE SERVICE TO C & F DECORATING SERVICE - DIRECT CITY MANAGER TO ENSURE PARTICIPATION OF SMALL LOCAL BUSINESSES IN BIDDING PROCESS - FURTHER INSTRUCTING ESTABLISHMENT OF COMMUNITY DEVELOPMENT FUND TO EXPEDITE PAYMENT TO SAID BUSINESSES. (B) DIRECT CITY MANAGER TO ENSURE PARTICIPATION OF SMALL LOCAL BUSINESSES IN BIDDER PROCESS - FURTHER INSTRUCTING ESTABLISHMENT OF COMMUNITY DEVELOPMENT FUND TO EXPEDITE PAYMENT TO SAID BUSINESSES -- DIRECT CITY MANAGER TO CONSIDER BUYING MORE POLICE DOGS FOR NARCOTICS SEARCHES - DIRECT CITY MANAGER TO SPECIFY TOTAL COST AND TIME FRAME WHENEVER INCREASING EXISTING PROFESSIONAL SERVICES AGREEMENTS. 2.1 AUTHORIZE FUNDING FOR YOUTH OF AMERICA, INC., 7/21/98 IN THE AMOUNT OF $15,000 - ALLOCATE FUNDS FROM R 98-725 LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 13 690001, 690002, 690003. 2.2 AUTHORIZE FUNDING OF THE DADE COMMUNITY 7/21/98 FOUNDATION, IN AMOUNT OF $17,879.60 - ALLOCATE R 98-726 FUNDS THEREFOR, FROM THE LAW ENFORCEMENT 13 TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, 932.7055. 2.3 ACCEPT BID: BANNERMAN LANDSCAPING, INC., IN 7/21/98 PROPOSED AMOUNT OF $102,500 - FOR PROJECT R 98-727 ENTITLED "EDISON/LITTLE RIVER C.D. SIDEWALK 14 PROJECT, B-4603 (SECOND BIDDING)"; ALLOCATE FUNDS THEREFOR FROM PROJECT NO. 341304, AS APPROPRIATED BY THE FISCAL YEAR 1997-98 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED - FOR ESTIMATED TOTAL COST OF $115,000. 2.4 ACCEPT BID: ALEXANDER BATTERIES - FOR 7/21/98 PROCUREMENT OF RADIO BATTERIES - FOR R 98-728 DEPARTMENT OF POLICE, AT AN ANNUAL COST NOT 14 TO EXCEED $17,200 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.001000.290201.6.718. 2.5 ACCEPT BID: EL -AL ELECTRIC INC., IN PROPOSED 7/21/98 AMOUNT OF $13,130 - FOR PROJECT ENTITLED R 98-729 "WAINWRIGHT PARK SECURITY LIGHTING 15 IMPROVEMENTS, B-6295" - ALLOCATE FUNDS THEREFOR FROM PROJECT NO. 333100, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623 - FOR AN ESTIMATED TOTAL COST OF $22,530. 2.6 ACCEPT BIDS: ALLSTATE PAINT & BODY SHOP; 7/21/98 E.S.E.F., INC.; AND WORLD MOTOR CORP. - FOR THE R 98-730 PROCUREMENT OF AUTO BODY WORK REPAIR, 15 REFURBISHMENT AND PAINTING OF CITY VEHICLES - FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $60,000 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.001000.280701.6.670. 2.7 APPROVE PURCHASE OF ABOVE GROUND STORAGE TANK WITH ACCESSORIES FROM CONVAULT FLORIDA, INC., UNDER EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO. 8301090 - FOR DEPARTMENT OF POLICE - AT TOTAL COST NOT TO EXCEED $19,023 - ALLOCATE FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO. 312034.299401.6.840. 2.8 APPROVE INCREASE IN ALLOCATION OF FUNDS FOR PROVISION OF ORIGINAL EQUIPMENT MANUFACTURERS (OEM) PARTS AND REPAIR SERVICES FOR CITY VEHICLES AND MOTORCYCLES, ON AS -NEEDED CONTRACT BASIS, FROM ANGEL BUICK OLDSMOBILE, INC.; SUN CHEVROLET; GRAND PRIZE MOTORS, INC.; PALMETTO KAWASAKI; SOUTHWEST CYCLE; METRO FORD, INC.; AND TROPICAL CHEVROLET - FROM $450,000 TO $510,000 - FOR DEPARTMENT OF POLICE, FLEET SERVICE CENTER - ALLOCATE FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES, ACCOUNT CODE NO. 503001.420905.6.670. 2.9 APPROVE 44 VENDORS UNDER EXISTING MIAMI-DADE COUNTY MOBILE EQUIPMENT REPLACEMENT PARTS & SERVICES CONTRACT NO. 5380-2/00 - FOR PROVISION OF REPAIRS AND MAINTENANCE OF SOLID WASTE CRANES AND TRUCKS - FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - AT TOTAL ANNUAL AMOUNT NOT TO EXCEED $60,000 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO. 509000.420901.6.702. 2.10 INCREASE CONTRACT WITH AFTER HOURS CLEANING SERVICE, INC., IN THE AMOUNT OF $4,776, FROM $81,816 TO $86,592 - FOR CUSTODIAL SERVICES - FOR POLICE DEPARTMENT'S NORTH AND SOUTH DISTRICT SUBSTATIONS, MINI -STATIONS, INCLUDING DOWNTOWN MINI -STATION, SATELLITE OFFICES AND AUTO POUND - ALLOCATE FUNDS THEREFOR FROM POLICE DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE 001000.290201.6.340. 7/21/98 R 98-731 16 7/21/98 R 98-732 16 7/21/98 R 98-733 17 7/21/98 R 98-734 17 2.11 AUTHORIZE PURCHASE OF THREE NARCOTICS TRAINED CANINE FROM METRO DADE K-9 GUARD DOGS, UNDER EXISTING MIAMI-DADE COUNTY COUNTRY NUMBER IB4293-2/02-0 - IN PROPOSED AMOUNT OF $6,500 EACH - ALLOCATE FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690001.291002.6.875. 2C[CA- 11] DIRECT CITY MANAGER TO CONSIDER BUYING MORE POLICE DOGS FOR NARCOTICS SEARCHES. 2.12 AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT, TO PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM M. MERCER - INCREASE COMPENSATION IN AN AMOUNT NOT TO EXCEED $15,000 - FOR ANNUAL FIRST YEAR TOTAL OF $60,000 - FOR ADDITIONAL ACTUARIAL SERVICES - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.921122.6.270 - FURTHER AUTHORIZING OPTION TO EXTEND SAID PROFESSIONAL SERVICES AGREEMENT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. DIRECT CITY MANAGER TO SPECIFY TOTAL COST AND TIME FRAME WHENEVER INCREASING EXISTING PROFESSIONAL SERVICES AGREEMENTS. 2.13 AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH ATLAS SAFETY & SECURITY DESIGN, INC. - FOR PERIOD OF ONE (1) YEAR, IN AN AMOUNT NOT TO EXCEED $34,224, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE ENVIRONMENTAL DESIGN CONSULTANT SERVICES - FOR POLICE DEPARTMENT - ALLOCATE FUNDS FROM PROBLEM SOLVING PARTNERSHIPS GRANT PROGRAM, ACCOUNT CODE NO. 142018.291226.6.270. 2.14 AUTHORIZE LEASE OF ONE (1) RENTAL VEHICLE FROM TNTERAMERICAN CAR RENTAL, UTILIZING EXISTING CITY OF MIAMI BID NO. 96-97-077R, IN PROPOSED AMOUNT OF $6,500 - ALLOCATE FUNDS THEREFOR FROM STOP VIOLENCE AGAINST WOMEN GRANT, ACCOUNT CODE NO. 142019.291235.6.610. 7/21/98 R 98-735 18 7/21/98 R 98-736 18 7/21/98 R 98-737 19 7/21/98 R 98-738 19 2.15 ACCEPT TWO LEGISLATIVE LINE ITEM GRANTS IN 7/21/98 AMOUNT OF $100,000 AND $300,000 RESPECTIVELY R 98-739 FROM THE FLORIDA DEPARTMENT OF 20 ENVIRONMENTAL PROTECTION TO BE USED BY PARKS AND RECREATION - FOR RENOVATIONS AND IMPROVEMENTS TO THE FOLLOWING PARKS IN THE AMOUNT SPECIFIED HEREIN: $100,000 FOR LEMON CITY PARK; $100,000 FOR SHENANDOAH PARK; AND $200,000 FOR KINLOCK PARK. 2.16 ACCEPT DONATION OF $1,500 CASH FROM DADE 7/21/98 COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE R 98-740 (DCAADV) - FOR POLICE PROGRAM. 20 2.17 ACCEPT $50,000 DONATION FROM BRICKELL INVEST 7/21/98 JOINT VENTURE, A FLORIDA GENERAL PARTNERSHIP, R 98-741 DEVELOPER OF THE BAYSHORE PALMS PROJECT, 21 THROUGH THE DADE COMMUNITY FOUNDATION'S "CITY OF MIAMI CORPORATE CHALLENGE FUND AT DADE COMMUNITY FOUNDATION" - FOR EXTENDING 1998 SUMMER RECREATION PROGRAM SWIMMING POOL SEASON FROM AUGUST 22 THROUGH AUGUST 30, 1998. 2.18 ACCEPT DONATION OF IMPROVEMENTS AND 7/21/98 LANDSCAPING FROM BASKETBALL PROPERTIES LTD, R 98-742 TO CITY OWNED LAND COMMONLY KNOWN AS THE 21 F.E.C. TRACT, LOCATED AT 801 BISCAYNE BOULEVARD, MIAMI, FLORIDA - FOR PURPOSE OF STABILIZING SHORELINE AND BEAUTIFYING ITS SURROUNDING AREAS, AT NO EXPENSE TO THE CITY OF MIAMI. 2.19 AUTHORIZE CITY ATTORNEY TO ENGAGE ROBERT S. 7/21/98 GLAZIER, ESQ. TO SERVE AS COUNSEL TO FILE AND R 98-743 PROSECUTE A PETITION FOR WRIT OF CERTIORARI IN 22 THE THIRD DISTRICT COURT OF APPEAL IN RALEY VS CITY OF MIAMI, FLORIDA, CASE NO. 98-1610 - FOR AN AMOUNT NOT TO EXCEED $1,750 FOR SAID SERVICES, PLUS AN AMOUNT NOT TO EXCEED $500.00 FOR COSTS - ALLOCATE FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE 515001.424401.661. 2.20 ACCEPT BID: UNITED AMERICAN LIEN & RECOVERY — 7/21/98 FOR PROCUREMENT OF COLLECTION SERVICES — FOR R 98-744 DELINQUENT ACCOUNTS AT CITY MARINAS — FOR 22 DEPARTMENT OF PUBLIC FACILITIES — PAYMENT WILL BE MADE TO VENDOR FROM FEES COLLECTED — ALLOCATE FUNDS FROM ACCOUNT CODE NO. 413000.350505.6.340. 2.21 ACCEPT PLAT ENTITLED FARMERS MARKET AT THE 7/21/98 GROVE, A SUBDIVISION IN THE CITY OF MIAMI. R 98-745 23 2.22 ACCEPT PLAT ENTITLED BRICKELL KEY ON 7/21/98 CLAUGHTON ISLAND SECTION FIVE, A SUBDIVISION R 98-746 IN THE CITY OF MIAMI. 23-24 3. RATIFY / APPROVE/ CONFIRM CITY MANAGER'S 7/21/98 FINDING OF SOLE SOURCE; -- WAIVE REQUIREMENTS R 98-747 FOR COMPETITIVE SEALED BIDDING - APPROVE 24-25 PURCHASE OF PACIFIC RESCUE HELMETS FROM RESCUE EQUIPMENT NW, INC. - FOR FIRE RESCUE, URBAN SEARCH & RESCUE (US&R) TEAM. 4. RATIFY / APPROVE/ CONFIRM CITY MANAGER'S 7/2-1/98 FINDING OF SOLE SOURCE - WAIVE REQUIREMENTS R 98-748 FOR COMPETITIVE SEALED BIDDING PROCEDURES — 25-26 APPROVE PURCHASE OF PORTABLE CLINICAL BLOOD ANALYZER FROM I-STAT CORPORATION - FOR DEPARTMENT OF FIRE -RESCUE, URBAN SEARCH & RESCUE (US&R) TEAM. 5. PERSONAL APPEARANCE: MICHAEL A. DUDIK, 7/21/98 REGARDING DOCKAGE AT MIAMARINA, FOR M 98-749 COMMERCIAL VESSEL - INSTRUCT MANAGER TO 26-40 VACATE LETTER PREVIOUSLY SENT AWARDING DOCKAGE TO AQUA AZUR VESSEL ADJACENT TO HARD ROCK CAFE AT MIAMARINA - FURTHER DIRECT MANAGER TO SCHEDULE PUBLIC HEARING WORKSHOP TO PRESENT PLAN FOR OUTSIDE QUAY WALL OF SAID MARINA - FURTHER DEFER AGENDA ITEM 18 (PROPOSED FIRST READING ORDINANCE AMENDING CODE RELATED TO SHIPS / VESSELS / WATERWAYS) TO COMMISSION MEETING OF SEPTEMBER 8, 1998. (See label 17). 6. PERSONAL APPEARANCE: DAVID PLATTNER CONCERNING MIAMI WINTER SPORTS COMPLEX THAT INCLUDES INDOOR SKY FACILITY AT BICENTENNIAL PARK - DIRECT CITY MANAGER TO REVIEW SAID PROPOSAL AND RETURN TO COMMISSION WITH RECOMMENDATIONS - FURTHER DIRECTING CITY ATTORNEY TO DRAFT LEGISLATION REQUIRING A REFERENDUM WHENEVER DEVELOPMENT IS PROPOSED IN CITY PARKS. 7. PERSONAL APPEARANCE: CHARLES FLOWERS, PRESIDENT OF THE OVERTOWN ADVISORY BOARD CONCERNING SUGGESTIONS FOR DEVELOPMENT AT THE HISTORIC OVERTOWN BUSINESS CORRIDOR. — FURTHER REFERRING RECOMMENDATIONS FOR (3'd AVENUE) OVERTOWN BUSINESS CORRIDOR TO CITY MANAGER AND COMMUNITY REDEVELOPMENT AGENCY FOR INCLUSION IN PILOT PROGRAM FOR SAID CORRIDOR. 8. PERSONAL APPEARANCE: FRANCISCO RIVERO REGARDING "DOMINO PARK" — DIRECT CITY MANAGER TO INVESTIGATE ALLEGATIONS OF HARASSMENT BY PARKS PERSONNEL AT DOMINO PARK — FURTHER DESIGNATING COMMISSIONER SANCHEZ AS COMMISSION DESIGNEE AND MEDIATOR IN SAID MATTER. 9. (A) PERSONAL APPEARANCE: LUCIA A. DOUGHERTY, ESQ. REGARDING THE RITZ CARLTON PLAT/VACATION OF CORNELIA DRIVE AND ADJACENT STREETS — AUTHORIZE CITY MANAGER TO EXECUTE QUITCLAIM DEEDS CONVEYING RIGHT-OF-WAY PARCELS OF LAND TO GROVE MIAMI HOLDINGS, INC. AND GROVE COMP CO., INC. — FOR PLATTING OF RITZ- CARLTON SUBDIVISION. (B) ACCEPT PLAT: RITZ-CARLTON. 7/21/98 DISCUSSION 41-45 7/21/98 R 98-750 45-47 7/21/98 DISCUSSION 47-51 7/21/98 R 98-751 R 98-752 51-54 10. (A) PERSONAL APPEARANCE: JOSE RODRIGUEZ (ON 7/21/98 BEHALF OF KPMG), TO PRESENT MANAGEMENT DISCUSSION LETTER ISSUED IN CONNECTION WITH FY `97 54-61 AUDITED FINANCIAL STATEMENTS - BRIEF DISCUSSION REGARDING HIRING OF NEW FINANCE DIRECTOR. (B) DIRECT CITY MANAGER TO WORK WITH KPMG REPRESENTATIVES, OVER LUNCH, TO REVIEW FEASIBILITY OF AGENDA ITEMS PROPOSED (AG-2 THROUGH 5) RELATED TO INFORMATION TECHNOLOGY. - SEE LABELS 21 AND 37. (C) DIRECT CITY MANAGER TO INFORM ALL UNION PRESIDENTS ON MANAGEMENT FINDINGS BY KPMG PEAT MARWICK. (D) DIRECT CITY MANAGER TO STRUCTURE COMMISSION AGENDA FORMAT AND AGENDA COORDINATION. 11. EMERGENCY ORDINANCE: AMEND NO. 11547, 7/21/98 ADOPTED SEPTEMBER 23, 1977, ENTITLED "LOCAL ORDINANCE LAW ENFORCEMENT BLOCK GRANT PROGRAM";-- 11686 PROVIDE FOR INCREASE IN TOTAL AMOUNT OF 62-63 $82,755.18, -- REPRESENTING INTEREST EARNED FROM SECOND YEAR GRANT FUNDING MONIES WHICH TOTALED $3,615,800 ORDINANCE. 12. EMERGENCY ORDINANCE: ESTABLISH INITIAL 7/21/98 RESOURCES AND INITIAL APPROPRIATIONS FOR ORDINANCE SPECIAL REVENUE FUND ENTITLED "PROBLEM 11687 SOLVING PARTNERSHIPS ASSESSMENT GRANT 63-65 PROGRAM," - AUTHORIZE CITY TO ACCEPT $49,950 FROM U.S. DEPARTMENT OF JUSTICE. 13. DISCUSS / TABLE TO LATER IN SESSION PROPOSED 7/21/98 EMERGENCY ORDINANCE SCHEDULING AN ELECTION DISCUSSION TO FILL OFFICE OF COMMISSIONER, DISTRICT NO. 3; 65-66 SETTING NOVEMBER 3, 1998, AS THE DATE OF SUCH ELECTION. 14. SECOND READING ORDINANCE: AMEND SECTION 18- 7/21/98 78, OF CODE, RELATING TO CONTRACTING METHODS ORDINANCE AND PROCEDURES, THEREBY STIPULATING THAT ANY 11688 PURCHASE AGREEMENT ENTERED INTO IN MANNER 66-67 INCONSISTENT WITH PROCEDURES SPECIFIED, SHALL NOT BE BINDING UPON THE CITY. 15. SECOND READING ORDINANCE: AMEND CAPITAL 7/21/98 IMPROVEMENT ORDINANCE NO. 11623 - CONTINUING ORDINANCE AND REVISING PREVIOUSLY APPROVED SCHEDULED 11689 CAPITAL IMPROVEMENT PROJECTS; ESTABLISHING 67-69 NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1997-1998. - COMMENTS FROM TOM GABRIEL CONCERNING IMPACT OF PROPOSED REVISIONS ON FIRE DEPARTMENT NEEDS. 16. DISCUSS / DEFER TO AFTERNOON SESSION PROPOSED 7/21/98 SECOND READING ORDINANCE AMENDING CHAPTER DISCUSSION 2/ARTICLE II OF CODE ENTITLED ADMINISTRATION / 70-74 MAYOR AND CITY COMMISSION," BY ADDING LANGUAGE TO CLARIFY SECTION 4(G)(6) OF CHARTER, AS IT RELATES TO TIME WHEN REMOVAL OF CITY MANAGER BY MAYOR WILL TAKE EFFECT - SEE LABELS 41 AND 69. 17. DEFER CONSIDERATION OF AGENDA ITEM 18 7/21/98 (PROPOSED FIRST READING ORDINANCE AMENDING DISCUSSION CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, 74 FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS," RELATING TO COMMERCIAL VESSELS) - SEE LABEL 5. 18. FIRST READING ORDINANCE: AMEND SECTION 53-181 7/21/98 OF CODE, BY CHANGING RATE SCHEDULE FOR USE FIRST READING AND OCCUPANCY OF AND SERVICES FURNISHED OR ORDINANCE TO BE FURNISHED IN CONNECTION WITH MIAMI 75-76 CONVENTION CENTER. 19. (A) FIRST READING ORDINANCE: AMEND CHAPTER 42, 7/21/98 ARTICLE V OF CODE, ENTITLED "VEHICLE FIRST READING IMPOUNDMENT," BY REPEALING PORTIONS OF ORDINANCE SECTION 42-121 RELATING TO SEIZURE AND 77-82 IMPOUNDMENT OF VEHICLES FOR DRIVING UNDER THE INFLUENCE, AND BY ADDING A NEW PROVISION TO SECTION 42-12,4 CONCERNING DISPOSITION OF UNCLAIMED VEHICLES. (B) DIRECT CITY MANAGER TO INCREASE TO $1,000.00 FINE FOR ILLEGAL DUMPING. (C) DIRECT CITY MANAGER TO CREATE TASK FORCE TO ADDRESS UNLICENSED SOLID WASTE COMPANIES OPERATING IN CITY / ILLEGAL DUMPSTERS / ILLEGAL TRASH DUMPING. (D) DIRECT CITY MANAGER TO EXPLORE USE OF NATIONAL GUARD AND OTHER ALTERNATIVES TO CLEAN UP CITY. 20. CERTIFY THAT HOMELESS ASSISTANCE CENTER 7/21/98 LOCATED AT 1550 NORTH MIAMI AVENUE IS R 98-753 CONSISTENT WITH CITY'S LOCAL PLANS AND 82-85 REGULATIONS. 21. DISCUSS / DIRECT CITY MANAGER TO REQUEST KPMG 7/21/98 PEAT MARWICK TO RETURN NO LATER THAN DISCUSSION SEPTEMBER 8, 1998 WITH RECOMMENDATIONS 84-86 REGARDING COMPUTER NEEDS FOR INFORMATION TECHNOLOGY DEPARTMENT - FURTHER REQUESTING KPMG TO DETERMINE WHETHER COMPARABLE CITIES HAVE OPTIONS OTHER THAN TRADITIONAL APPROACH TO INFORMATION TECHNOLOGY - DIRECT MANAGER TO HAVE DIRECTOR OF GENERAL SERVICES PRESENT DURING AFTERNOON SESSION - FURTHER SCHEDULING DISCUSSION OF AGENDA ITEM 2 (REPLACEMENT OF UNYSIS MAINFRAME) FOR AFTERNOON SESSION, WITH NO DECISION TO BE MADE UNTIL SEPTEMBER 8, 1998 - SEE LABELS 10 AND 37. 22. AUTHORIZE CONVEYANCE OF APPROXIMATELY 15,087 7/21/98 SQUARE FEET OF CITY OWNED REAL PROPERTY TO R 98-754 FLORIDA DEPARTMENT OF TRANSPORTATION - FOR 87-92 USE AS RIGHT-OF-WAY IN CONNECTION WITH SOUTHWEST 2 AVENUE BRIDGE RECONSTRUCTION, AT SALE PRICE OF $778,000 - DIRECT CITY MANAGER TO ENSURE RESTORATION OF PARKING SPACES GIVEN TO DEPARTMENT OF TRANSPORTATION DURING BRIDGE CONSTRUCTION ALONG SOUTHWEST SECOND AVENUE - FURTHER DIRECTING MANAGER TO REVIEW COST OF PROVIDING SECURITY AT MIAMI RIVERSIDE CENTER. 23. AUTHORIZE CITY MANAGER TO EXECUTE LICENSE 7/21/98 AGREEMENT WITH MIAMI-DADE COUNTY AVIATION R 98-755 DEPARTMENT - FOR PURPOSE OF INSTALLING, 93-95 OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT, TO BE LOCATED IN KINLOCH PARK, BRYAN PARK, DAWKINS PARK, ALICE WAINWRIGHT PARK AND MORNINGSIDE BAYFRONT PARK - FOR PURPOSE OF DETECTING AND MEASURING NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VICINITY OF MIAMI INTERNATIONAL AIRPORT... SAID EQUIPMENT TO ALSO BE NEGOTIATED FOR PLACEMENT AT COMSTOCK. 24. APPROVE REVOCABLE LICENSE AGREEMENT OF 875 7/21/98 SQUARE FEET OF CITY OWNED REAL PROPERTY WITH R 98-756 IMPROVEMENTS LOCATED AT 525 NORTHWEST 62 95-96 STREET, MIAMI, FLORIDA, TO INNER CITY YOUTH, INC. 25. AUTHORIZE / DIRECT CITY MANAGER TO ENGAGE 7/21/98 SERVICES OF QUALIFIED PROFESSIONAL(S) TO R 98-757 CONDUCT GRANT CLOSE OUT ACTIVITIES FOR ALL 97-99 COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) GRANTS, AND ALL OTHER U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDED PROGRAMS THAT ARE ELIGIBLE FOR CLOSE OUT - FOR AN AMOUNT NOT TO EXCEED $50,000, FROM THE 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE FUNDS. 26. AUTHORIZE / DIRECT CITY MANAGER TO PREPARE 7/21/98 STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR R 98-758 BUSINESS CORRIDOR IN THE MODEL CITY TARGET 99-101 AREA, FOCUSING ON COMMERCIAL PROPERTIES ALONG NW 62ND STREET AND 17TH AVENUE, MIAMI, FLORIDA, AND EXPANDED COMMERCIAL ACTIVITIES TO NW 6IST STREET, BETWEEN 12TH AND 14TH AVENUES, MIAMI, FLORIDA - DIRECT CITY MANAGER TO MEET WITH SAM MASON TO ADDRESS FACADE PROGRAM IN MODEL CITY AREA. 27. AUTHORIZE / DIRECT CITY MANAGER TO PREPARE 7/21/98 STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR R 98-759 BUSINESS CORRIDOR IN THE WEST GROVE TARGET 101-102 AREA, FOCUSING ON COMMERCIAL PROPERTIES ALONG SW GRAND AVENUE AND SW 37TH AVENUE, MIAMI, FLORIDA - FURTHER AUTHORIZING AND DIRECTING CITY MANAGER TO IDENTIFY UP TO $50,000 OF 2eYEAR CDBG PROGRAM FUNDS AND CDBG CONTINGENCY FUNDS FOR SAID PURPOSES. FURTHER COMMENT FROM COMMISSIONER GORT CONCERNING EMPOWERMENT ZONE WORKSHOP. 28. DISCUSS OCCUPATIONAL LICENSE ORDINANCE AND 7/21/98 HORACIO AGUIRRE & ASSOCIATES - DIRECT CITY M 98-760 MANAGER AND CITY ATTORNEY TO IMPANEL NEW 103-107 TAX EQUITY STUDY COMMISSION TO REVIEW OCCUPATIONAL LICENSE FEE - FURTHER STIPULATING COMPOSITION OF COMMISSION, WITH REPORT BACK TO CITY COMMISSION IN 180 DAYS. 29. DISCUSS PROPOSED VIRGITIIA KEY CITIZENS' 7/21/98 ADVISORY COMMITTEE — CREATE SEVEN MEMBER AD M 98-761 HOC CITIZENS ADVISORY COMMITTEE WITH 107-112 STIPULATIONS — SEE LABEL 66. 30. APPROVE WITH MODIFICATIONS MAJOR USE SPECIAL 7/21/98 PERMIT FOR MIAMI DADE COMMUNITY COLLEGE R 98-762 DOWNTOWN CAMPUS PARKING GARAGE PROJECT — 112-114 FOR ADDITIONAL PARKING SPACES — LOCATION: 520 NE 2 AVENUE — APPLICANT: MIAMI DADE COMMUNITY COLLEGE AND THE STERN FAMILY LIMITED PARTNERSHIP. 31. APPOINT MARY ANN DAVID TO BUDGET AND 7/21/98 FINANCES REVIEW COMMITTEE. R 98-763 114-115 32. APPOINT MARY ANN DAVID AND ALEX FERNANDEZ 7/21/98 TO FINANCE COMMITTEE -- SEE LABEL 44. M 98-764 115-117 33. APPOINT BRUNO CARNESELLA TO SERVE AS 7/21/98 MEMBER OF COCONUT GROVE PARKING ADVISORY R 98-765 COMMITTEE. 117-118 34. CONFIRM APPOINTMENT OF MICHAEL McCULLOUGH 7/21/98 AS MEMBER OF DOWNTOWN DEVELOPMENT R 98-766 AUTHORITY. 118-120 35. AMEND DEBT MANAGEMENT POLICY ESTABLISHED 7/21/98 BY RESOLUTION NO. 98-631 TO INCLUDE THE MAYOR R 98-767 OR HIS DESIGNEE AS A VOTING MEMBER OF THE 120-121 FINANCE COMMITTEE -- FURTHER APPROVE MAKING FINANCE DIRECTOR THE CITY MANAGER'S DESIGNEE AS SAID COMMITTEE. 36. DIRECT CITY MANAGER TO NEGOTIATE WITH KATZ, 7/21/98 KUTTER, HAGLER, ALDERMAN, BRYANT &YON, PA M 98-768 AS LEAD FRM AND GREENBERG TRAUSIRG TO WORK 121-129 JOINTLY TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES EFFECTIVE OCTOBER 1, 1998 — FURTHER DIRECTING MANAGER TO USE PRIOR YEAR'S AND EXISTING FISCAL YEAR BUDGETED FUNDS. 37. (A) APPROVE WITH CONDITIONS AND SUBJECT TO FURTHER NEGOTIATIONS WITH UNYSIS REPLACEMENT OF UNISYS A-17 MAINFRAME WITH UNISYS CLEARPATH NX5802-32 MAINFRAME / RELATED PERIPHERAL HARDWARE, SYSTEM SOFTWARE / ASSOCIATED SERVICE / SUPPORT AND ONGOING MAINTENANCE FOR SAID EQUIPMENT / UPGRADE OF COMPUTER ROOM / ENVIRONMENTALS AND RELOCATION OF PERIPHERAL DEVICES (SILO AND NETWORKING SERVERS) / IMPLEMENTATION OF MICROSOFT EXCHANGE / UPGRADE OF INTERNET SERVER AND SERVICE / UPGRADE OF MICROSOFT SOFTWARE PRODUCTS) / MASS STORAGE HARDWARE AND SOFTWARE FOR DOCUMENT MANAGEMENT -- FROM UNISYS CORPORATION, WAREFORCE CORPORATION, XEROX AND OTHER VENDORS -- UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-050-97-1, 973-561-98-1, 252-001-97-1 AND 250- 040-98-1 -- ALLOCATE $7 MILLION (NOT TO EXCEED) FROM CIP ACCOUNT NO. 311603.469401.6.840. -- see labels 10 and 21. DISCUSS NEED FOR BUDGET OFFICE TO PARTICIPATE IN PRICE NEGOTIATIONS WITH UNYSIS — (B) FURTHER DISCUSS FEASIBILITY OF UNYSIS CONTRACT BEGINNING ON OCTOBER, 1998 -- ALSO DISCUSS IMPACT OF NEW COMPUTERS ON YEAR 2000 PROJECT -- FURTHER APPOINTING COMMISSIONER GORT AS COMMISSION LIAISON WITH PARTIES INVOLVED FOR ANY DISCUSSION REPRESENTING CITY COMMISSION. (C) DIRECT CITY MANAGER TO INSTRUCT DEPARTMENT DIRECTORS TO ADVISE CITY COMMISSION THROUGH THE MANAGER, ON SEPTEMBER 8, 1998, IF RESOLUTION 98-769 MEETS COMPUTER NEEDS OF THEIR RESPECTIVE DEPARTMENTS -- COMMISSIONER PLUMMER FURTHER REQUESTS BREAKDOWN ON $800,000 HIDDEN COST BY SEPTEMBER 8, 1998. 38. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES -- APPROVE RE -LICENSING, MAINTENANCE AND SUPPORT SERVICES OF B & L SOFTWARE FROM B & L ASSOCIATES, INC. --, FOR DEPARTMENT OF INFORMATION TECHNOLOGY,; -- ALLOCATE $153,172. FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. 7/21/98 R 98-769 130-140 7/21/98 R 98-770 141-142 39. RATIFY, / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE; -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES -- APPROVE THE UPGRADE, RE -LICENSING, MAINTENANCE AND SUPPORT SERVICES OF EZSPEC/DARGAL SOFTWARE FROM DECISION SUPPORT, INC. -- FOR DEPARTMENT OF INFORMATION TECHNOLOGY --; ALLOCATE $12,672 THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. 40. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE; -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE RE -LICENSING, MAINTENANCE, TRAINING AND SUPPORT SERVICES OF XGEN/CP (THE FOURTH GENERATION LANGUAGE) AND THE UPGRADE, MAINTENANCE, TRAINING AND SUPPORT SERVICES OF XGUI SOFTWARE FROM OPENWARE TECHNOLOGIES, INC., MAINTENANCE AND PRODUCT SUPPORT SERVICES --; ALLOCATE $200,000. FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. 41. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 17 ( PROPOSED SECOND READING ORDINANCE AMENDING CHAPTER 2/ARTICLE II OF CODE ENTITLED: ADMINISTRATION / MAYOR AND CITY COMMISSION) TO COMMISSION MEETING OF SEPTEMBER 8, 1998 - SEE LABELS 16 AND 69. 42. FIRST READING ORDINANCE AMENDING CHAPTER 22, ARTICLE I, SECTION 22-12 OF CODE ENTITLED "WASTE FEES," BY EXEMPTING RESIDENTIAL CONDOMINIUMS AND RESIDENTIAL CONDOMINIUM ASSOCIATIONS FROM ASSESSMENT OF SUPPLEMENTAL WASTE FEES; -- FURTHER DIRECTING CITY MANAGER TO STATE BY SECOND READING WHERE ALTERNATIVE. REVENUES WILL BE DERIVED AND TO CONDUCT REVENUE ANALYSIS. (AMEND ORDINANCE TO ADD COOPS FOR SECOND READING). 43. APPROVE ESTABLISHING ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 - DIRECTING PREPARATION OF AN ASSESSMENT ROLL - AUTHORIZING PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF AND PROVIDING AN EFFECTIVE DATE - SEE LABEL 47. 7/21/98 R 98-771 143-145 7/21/98 R 98-772 145-147 7/21/98 DISCUSSION 147-148 7/21/98 FIRST READING ORDINANCE 148-156 7/21/98 R 98-773 156-157 44. APPOINT CARLOS ENRIQUEZ / ELI FEINBERG / 7/21/98 YOLANDA CASH-JACKSON TO FINANCE COMMITTEE - R 98-774 SEE LABEL 32. 157-158 45. DISCUSS COMPUTING PROPOSED MILLAGE RATE FOR 7/21/98 CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR DISCUSSION BEGINNING OCTOBER 1, 1998 AND ENDING 158-159 SEPTEMBER 30, 1999 - SEE LABELS 48 AND 68. 46. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY 7/21/98 ("DDA") TO ESTABLISH PROPOSED MILLAGE RATE OF R 98-775 ONE-HALF (1/2) MILL FOR DOWNTOWN 159-160 DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA - FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. 47. CONTINUE DISCUSSION CONCERNING 7/21/98 ESTABLISHMENT OF FIRE ASSESSMENT FEE - SEE DISCUSSION LABEL 26. 160-161 49. CONTINUE DISCUSSION ON PROPOSED MILLAGE RATE 7/21/98 FOR CITY - FOR FISCAL YEAR BEGINNING OCTOBER 1, DISCUSSION 1998 AND ENDING SEPTEMBER 30, 1999 - SEE LABELS 161-166 45 AND 68. 49. REJECT BID PROTEST FROM AARYA CONSTRUCTION 7/21/98 AND DESIGN, INC. - FOR AWARD OF CONTRACT TO R 98-776 RJB BUILDERS CORP. - FOR BAYFRONT PARK APRONS 166-172 AND SOUTH END WALKWAYS PROJECT. BID 97-98-140. 50. ACCEPT BID OF RJB BUILDERS, CORPORATION, IN THE 7/21/98 PROPOSED AMOUNT OF $491,000 - FOR PROJECT R 98-777 ENTITLED `BAYFRONT PARK - APRONS & SOUTH END 173-174 WALKWAYS CONSTRUCTION PROJECT, B-3264." 51. APPROVE / SET FORTH / SUBMIT TO ELECTORATE 7/21/98 PROPOSED CHARTER AMENDMENT, AMENDING R 98-778 CHARTER OF CITY KNOWN AS CHARTER AMENDMENT 174-177 NO. 1, TO: (1) ELIMINATE REQUIREMENT OF REFERENDUM FOR SALE OR LEASE OF NON - WATERFRONT CITY -OWNED PROPERTY WHEN VALUE OF PROPERTY IS ($500,000) OR LESS; AND (2) EXEMPT FROM PROVISIONS OF SECTION 29-B THE SALE OR LEASE OF PROPERTY ACQUIRED BY MIAMI-DADE COUNTY FOR DELINQUENT TAXES - FURTHER CALLING ELECTION FOR NOVEMBER 3, 1998. 52. AUTHORIZE / DIRECT CITY MANAGER TO (THROUGH 7/21/98 DEPARTMENT OF PUBLIC WORKS) CONSTRUCT OFF- R 98-779 SITE INFRASTRUCTURE IMPROVEMENTS FOR NEW 178-181 HOPE OVERTOWN HOUSING PROJECT - FOR $100,000 COST WITH 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - INCREASE FUNDING FOR HOME PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT WITH BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA - FURTHER DIRECTING MANAGER TO ENTER INTO TRI-PARTY AGREEMENT, WITH BAME AND SOUTHEAST / OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY FOR MARKETING PROJECT. 53. DENY APPEAL - UPHOLD ZONING BOARD DECISION 7/21/98 TO DENY VARIANCES TO PERMIT SETBACKS - R 98-780 LOCATION: 1520 SOUTHWEST I 1 STREET - APPLICANT: 181-185 JESUS AND OFELIA GRANDA 54. GRANT APPEAL WITH MODIFICATIONS OF IMPACT FEE 7/21/98 BOARD OF REVIEW DECISION TO DENY RELIEF FROM R 98-781 IMPACT FEES IN AMOUNT OF $9,707.50 FOR BUILDING 185-189 PERMIT FOR MOSERRAT APARTMENTS - LOCATION: 3000 SOUTHWEST 3 AVENUE. 55. GRANT APPEAL WITH MODIFICATIONS OF ZONING 7/21/98 BOARD DECISION WHICH APPROVED SPECIAL R 98-782 EXCEPTION IN PARKING REQUIREMENTS FOR 189-192 HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS - FOR REDUCTION OF UP TO 50 PERCENT OF REQUIRED OFF-STREET PARKING SPACES - LOCATION: 1400 N.W. 16 AVENUE - APPLICANT: TEQUESTA KNOLL APARTMENTS. 56. DENY APPEAL OF ZONING BOARD DECISION WHICH 7/21/98 DENIED APPEAL BY ROBERT FITZSIMMONS OF THE R 98-783 CLASS II SPECIAL PERMIT - FOR CONSTRUCTION OF 193-202 HOTEL - LOCATION: 2630 SOUTHWEST 28 STREET - APPLICANT: CARLOS RUA, DIXIE GROVE INVESTMENT CORP. 57. APPROVE REQUEST FOR SPECIAL EXCEPTION FOR 7/21/98 RESERVOIR SPACES - ALLOWING ONE DRIVE- R 98-784 THROUGH TELLER WINDOW IN PROPOSED BANKING 202-203 INSTITUTION - LOCATION: 7101 SOUTHWEST 8 STREET - APPLICANT: AMADEO LOPEZ CASTRO, FIRST BANK OF MIAMI. 58. APPROVE MAJOR USE SPECIAL PERMIT FOR 7/21/98 BARCLAYS FINANCIAL CENTER PROJECT - LOCATION: R 98-785 1190 BRICKELL BAY DRIVE (AKA SOUTH BAYSHORE 204-206 DRIVE) - APPLICANT: BRICKSEA CORP. & MDM BRICKELL HOTEL GROUP, LTD. 59. APPROVE AS MODIFIED AMENDMENT TO PREVIOUSLY 7/21/98 APPROVED MAJOR USE SPECIAL PERMIT FOR R 98786 TERREMARK BRICKELL 11 PROJECT TO REPLACE 206-215 PROJECT WITH NEW MILLENIUM TOWER PROJECT - LOCATION: 1441 BRICKELL AVENUE - APPLICANT: TERREMARK BRICKELL 11, LTD. - DIRECT CITY MANAGER TO INCLUDE NELLY ZAMORA IN TRAFFIC IMPACT NEGOTIATIONS FOR SAID PROJECT. 60. EMERGENCY ORDINANCE: AMENDING CHAPTER 54, 7/21/98 ARTICLE VII OF CODE ENTITLED: USE OF PUBLIC ORDINANCE RIGHT-OF-WAY - AMEND EXISTING PROVISION 11690 CONCERNING TELEPHONE SERVICE PROVIDER AND 216-217 ADDING NEW SECTION FOR LOCAL EXCHANGE SERVICE PROVIDER. 61. APPROVE AMENDING MASTER AND INCREMENT I 7/21/98 DEVELOPMENT ORDERS OF THE DOWNTOWN MIAMI R 98-787 DEVELOPMENT OF REGIONAL IMPACT (RESOLUTIONS 218-219 87-1148 AND 87-1149 AS AMENDED BY RESOLUTIONS 91-698 AND 94-849 AND 94-850 - BY INCREASING AND DECREASING QUANTITIES OF ALLOWABLE DEVELOPMENT IN ACCORDANCE WITH MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 - APPLICANT: DOWNTOWN DEVELOPMENT AUTHORITY. 62. APPROVE SCHEDULING ELECTION TO FILL OFFICE OF 7/21/98 COMMISSIONER, DISTRICT NO. 3 - SET NOVEMBER 3, ORDINANCE 1998 AS DATE FOR SUCH ELECTION - ESTABLISH 11691 SEPTEMBER 19, 1998, AT 6 PM, AS QUALIFYING DATE 219-225 THEREFOR - SCHEDULE RUN-OFF ELECTION FOR NOVEMBER 10, 1998 - SEE LABEL 13. 63. DISCUSS OPTIONS IN CONNECTION WITH TEATRO 7/21/98 MARTI - DIRECT CITY MANAGER TO MEET WITH MR. M 98-788 CAPOTE TO EXPLAIN SAID OPTIONS - INSTRUCT CITY 225-230 MANAGER TO URGE MIAMI CAPITAL DEVELOPMENT, INC. NOT TO TAKE DISPOSITION IN CONNECTION WITH TEATRO MARTI - FURTHER URGING MIAMI CAPITAL TO ALLOW TEATRO MARTI OWNER (MR. CAPOTE) RIGHT OF FIRST REFUSAL ONCE MIAMI CAPITAL FORECLOSES ON PROPERTY. 64. CONTINUE CONSIDERATION OF ITEMS PZ-10 (SECOND 7/21/98 READING ORDINANCE TO AMEND ORDINANCE 10544 M 98-789 TO CHANGE FUTURE LAND USE ELEMENT OF 230-231 COMPREHENSIVE NEIGHBORHOOD PLAN FROM MAJOR INSTITUTIONAL PUBLIC FACILITIES TO COMMERCIAL AT 1975 NORTHWEST 12 AVENUE) AND PZ-11 (SECOND READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO CHANGE ZONING AT 1975 NORTHWEST 12 AVENUE TO C-2 LIBERAL COMMERCIAL) TO COMMISSION MEETING OF SEPTEMBER 22, 1998. 65. (A) CONTINUE CONSIDERATION OF PZ12 (SECOND 7/21/98 READING ORDINANCE TO AMEND ZONING M 98-790 ORDINANCE 11000 TO INCLUDE PORTION OF 232-236 ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY / CHARLES AVENUE / WILLIAM AVENUE IN COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, OFF SITE PARKING) TO MEETING OF SEPTEMBER 22, 1998. (B) APPOINT SEVERAL INDIVIDUALS TO AD HOC COMMITTEE TO STUDY AND RECOMMEND ON PROPOSED AMENDMENT FOR SD PARKING OUTSIDE SD-2 DISTRICT. 66. DISCUSS FOR COMMISSIONERS TO PROVIDE IN 7/21/98 WRITING APPOINTMENTS TO AD HOC CITIZENS DISCUSSION ADVISORY COMMITTEE FOR VIRGINIA KEY - SEE 237 LABEL 29. 67. DISCUSS PROPOSED CITYWIDE LOT CLEARING 7/21/98 PROGRAM - DIRECT CITY ATTORNEY TO IDENTIFY DISCUSSION CLUC 90 PROPERTIES AND PROCEED TO OBTAIN 237-239 CONTROL OF SAID PROPERTIES - FURTHER DIRECT CITY MANAGER TO SUBMIT TO LOT CLEARING COMMITTEE NAMES AND ADDRESSES OF PROPERTIES IN NEED OF LOT CLEARING SERVICES. 68. APPROVE COMPUTED PROPOSED MILLAGE RATE FOR 7/21/98 CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 R 98-791 AND ENDING SEPTEMBER 30, 1999 - COMMISSION 239-252 COMMENTS ON NEED FOR STRUCTURAL CHANGES TO BUDGETARY PROCESS, PARTICULARLY IN THE SOLID WASTE AREA / NEED FOR CONSULTANT TO APPRAISE COMMERCIAL CITY PROPERTIES / NEED CONSULTANT TO REVIEW STRUCTURE OF DEPARTMENTS IN THE UNIFORM SERVICES - DIRECT CITY MANAGER TO PROVIDE COMMISSIONERS DURING COMMISSION MEETING OF SEPTEMBER 8, 1998 WITH NAMES OF COMPANIES THAT CAN APPRAISE CITY OWNED PROPERTIES - FURTHER DIRECTING MANAGER TO REVIEW NET OFFICES BY SEPTEMBER 8, 1998 AND INCLUDE RECOMMENDATIONS IN PROPOSED BUDGET - DIRECT CITY MANAGER TO CONDUCT ECONOMIC IMPACT ANALYSIS REGARDING PROPOSED $50,000 HOMESTEAD EXEMPTION. - SEE LABELS 45 AND 48. 69. MAYOR CAROLLO REQUESTS CITY COMMISSIONERS 7/21/98 TO PROVIDE THEIR RULES AND PROCEDURES FOR DISCUSSION RATIFICATION OR REJECTION OF THE MAYOR'S 253-256 APPOINTEE AS CITY MANAGER - SEE LABELS 16, 41, 88. 70. RATIFY APPOINTMENT OF DONALD WARSHAW AS 7/21/98 ACTING CITY MANAGER FOR FIFTY DAYS. R 98-792 257-258 71. RESCIND RESOLUTION 98-360 AND RESOLUTION 98-361 7/21/98 - SET FORTH AND AUTHORIZE SALARY / BENEFITS / R 98-793 SEVERANCE PAY TO BE RECEIVED BY CITY 258-259 ATTORNEY: ALEJANDRO VILARELLO. 72. APPOINT ELADIO ARMESTO AS ALTERNATE MEMBER 7/21/98 OF CODE ENFORCEMENT BOARD. R 98-794 260 73. DISCUSS PROPOSED CHANGES TO ZONING 7/21/98 ORDINANCE IN REFERENCE TO FLOWER VENDORS - DISCUSSION REFER TO CITY MANAGER IN ORDER TO BEGIN 261 PROCESS. 74. AUTHORIZE INCREASING BY $125,000 PROFESSIONAL 7/21/98 SERVICES CONTRACT WITH THADDEUS COHEN R 98-795 ARCHITECTS, PA - FOR PLANNING / DESIGN / 261-262 CONSTRUCTION ADMINISTRATION SERVICES - FOR CONSTRUCTION OF COMMUNITY BUILDING AT CHARLES HADLEY PARK - ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAMS PROJECT 331391 - FURTHER AUTHORIZING MANAGER TO PROCURE SERVICES OF PROFESSIONAL CONSTRUCTION MANAGER. 75. DESIGNATE COMMUNITY REDEVELOPMENT AGENCY 7/21/98 (CRA) TO DEVELOP PLAN FOR KNIGHT MANOR R 98-796 PROJECT IN COMPLIANCE WITH HUD (HOUSING AND 263 URBAN DEVELOPMENT) AGREEMENT. 76. EMERGENCY ORDINANCE AMENDING CHAPTER 14 OF 7/21/98 CODE ENTITLED DOWNTOWN DEVELOPMENT ORDINANCE AUTHORITY - FOR QUALIFICATIONS AND TERMS OF 11692 OFFICE OF BOARD OF DIRECTORS MEMBERS. 264-266 77. APPROVE DONATION OF CARINS THERMAL INFRA- 7/21/98 RED IMAGING SYSTEMS (IRIS) UNITS FROM HOOK & R 98-797 LADDER FOUNDATION - FOR FIRE -RESCUE. 266-267 78. APPROVE AUTHORIZING CITY MANAGER TO 7/21/98 INCREASE CONTRACT WITH HORIZON CONTRACTORS R 98-798 - FOR REPAIRS TO SOUTH SERVICE ROAD IN 268 BAYFRONT PARK - ALLOCATE $18,000 FROM BAYFRONT PARK CAPITAL IMPROVEMENTS PROJECT 331401. 79. ACCEPT PLAT: BRICKELL WEST. 80. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 4 OF CODE ENTITLED ALCOHOLIC BEVERAGES - ADD SECTION 4-14 ENTITLED COCONUT GROVE CENTRAL COMMERCIAL DISTRICT SD-2 LIMITING REQUIREMENTS FOR ALCOHOLIC BEVERAGES LICENSES WITHIN DISTRICT. 7/21/98 R 98-799 269 7/21/98 FIRST READING ORDINANCE 270-271 81. DIRECT CITY MANAGER TO DRAFT LETTER TO 7/21/98 GOVERNOR CHILES PETITIONING TO EXPAND CLEAN DISCUSSION UP PROGRAM IN CITY. 271 82. DIRECT CITY MANAGER TO INVESTIGATE 7/21/98 COMPLAINTS CONCERNING SIDEWALK CAFES IN DISCUSSION COCONUT GROVE AND THE RIGHT OF NO -PATRONS 272 TO SIT ON CHAIRS PLACED ON PUBLIC RIGHT-OF- WAYS. 83 CITY COMMISSION CONGRATULATES MAYOR 7/21/98 CAROLLO ON HIS COURT CASE VICTORY. DISCUSSION 272 84. AUTHORIZE AND DIRECT CITY MANAGER TO 7/21/98 IMPLEMENT SCATTERED SITE AFFORDABLE R 98-800 HOMEOWNERSHIP DEVELOPMENT PROGRAM - FOR 272-274 NEW SINGLE FAMILY HOMES - FOR LOW INCOME FAMILIES - LOCATION: VACANT PARCELS BETWEEN NORTHWEST 58 AND 62 STREETS AND NORTHWEST 12 AND 17 AVENUES - ALLOCATE $1,500,000.00 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS - FURTHER INSTRUCTING MANAGER TO MAINTAIN COMMISSION INFORMED ON PROGRESS OF SAID DEVELOPMENT PROJECT - FURTHER DIRECTING MANAGER TO CONDUCT PUBLIC HEARINGS. 85. (A) DISCUSS / DEFER CONSIDERATION OF AGENDA 7/21/98 ITEM 14 (PROPOSED EMERGENCY ORDINANCE TO M 98-801 ISSUE PARKING SYSTEM REVENUE BONDS FOR M 98-802 $14,500,000.00) TO MEETING OF SEPTEMBER 8, 1998, 275-284 AFTER 2 PM. (B) DISCUSS / REAFFIRM OFF-STREET PARKING REVENUE PROJECTIONS CONTAINED IN FIVE YEAR PLAN - FURTHER INSTRUCTING CITY MANAGER TO NEGOTIATE CONSISTENT WITH THOSE NUMBERS. 86. APPROVE FIRST READING ORDINANCE AMENDING 7/21/98 SECTION 22-117(F) OF CODE INCREASING FIRST READING ADMINISTRATIVE FEE INCURRED TO REMEDY LOT ORDINANCE CLEARING OR OTHER PARCEL OF LAND VIOLATIONS. 284-285 87. AUTHORIZE / DIRECT CITY MANAGER TO ISSUE 7/21/98 REQUEST FOR QUALIFICATIONS (RFQ) CONCERNING M 98-803 EVALUATION OF APPRAISALS OF COMMERCIAL 285-286 PROPERTIES OF CITY - FURTHER DIRECTING MANAGER TO REPORT TO COMMISSION ON SAID MATTER BY SEPTEM 3ER 8, 1998. 88. COMMENTS FROM MAYOR CAROLLO ABOUT 7/21/98 SELECTION PROCESS OF CITY MANAGER - FURTHER DISCUSSION REQUESTING CITY COMMISSION TO SEND TO HIM IN 287 WRITING CRITICAL AREAS OF CONCERN AND GUIDELINES FOR SELECTION OF CITY MANAGER - MAYOR CAROLLO EXPRESSES INTENT TO APPROVE (EMPLOYMENT) PACKAGE FOR CITY MANAGER AT TIME OF HIS/HER APPOINTMENT. MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 21 st 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. [NOTE FOR THE RECORD: At 9:37 a.m. Presentations and Commendations were made with Commissioner Plummer and Commissioner Sanchez present] An invocation was delivered by Commissioner Sanchez, Commissioner Gort then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS AND PROCLAMATIONS. COMMEND MIAMI FIREFIGHTERS WHO FOUGHT NORTH AND CENTRAL FLORIDA WILDFIRES. CERTIFICATES OF APPRECIATION: DOUBLETREE HOTEL/ BISCAYNE BAY MARRIOTT / WYNDHAM HOTEL — FOR HOSTING NEIGHBORHOOD CLEAN UP EFFORT OF JULY 11, 1998 - COMMEND WYNWOOD AREA RESIDENTS — FOR WYNWOOD CLEAN UP EFFORT. RECOGNITION OF VOLUNTEERS WHO CLEANED UP DOROTHY QUINTANA'S HOME YARD. Vice Chairman Plummer: Ladies and gentlemen, we have eight minutes before we can legally start the meeting. Let me caution all of staff, we are not going through this agenda slow. We're going to run through this agenda. There's going to be no hesitations, even if we have to run through lunch. Mr. Manager, I can tell you that be prepared to speak to CA-6, 8 and 21 or I'll pull the issues. Does anybody else, to try to prepare the Manager for running through this agenda ... for Mr. Sanchez. [AT THIS POINT, COMMISSIONER GORT ENTERED THE COMMISSION CHAMBERS AT 9:40 A.M.] Commissioner Gort: CA-12, 13, 20, 21 and 22. Vice Chairman Plummer: I'm pulling for discussion 6, 8 and 21. Mr. Vilarello: Say it again. Commissioner Gort: CA-12, CA-13, CA-20 and CA-21. July 21, 1998 Vice Chairman Plummer: Mr. Sanchez, do you have any items on the Consent Agenda that you want either discussed or pulled? If it's discussion, it's brief. Commissioner Sanchez: I will have discussion on something brief. I will not be pulling any of the items. Commissioner Gort: Mine are discussions. I want questions answered. Vice Chairman Plummer: All right. Well, it's either brief discussions or thrown over to the next agenda. Ladies and gentlemen, in seven minutes we'll start the meeting after I get... THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:53 A.M. AND RECONVENED AT 10:00 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE AND COMMISSIONER REGALADO. The meeting was called to order at 10:00 a.m. by Commissioner J.L. Plummer, Jr. (hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission found to be present: Commissioner Wifredo Gort (District 1) 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 Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. [NOTE FOR THE RECORD: THE MILLENNIUM ITEM WILL BE HEARD AT FIVE P.M.] Vice Chairman Plummer: For those people who are watching Cable 9, I have made a commitment to the people of Millennium that that item will not come up prior to 5:00. They asked for 6:30 but I'm not going to do that because this ... it will not have a full Commission at 6:30 and I feel it's just as important that that has to have a full Commission as anything else. So it will not start earlier than five but, hopefully, it will be at five. Mr. Manager, is there anyone in the audience who, before we start this meeting, who wants a deferment, a continuation or withdrawal? Mr. Gort? Mr. Gort? 2 July 21, 1998 Commissioner Gort: Yes. Vice Chairman Plummer: Sir. I will ask that Commissioner Sanchez give the prayer. Mr. Gort will lead us in the pledge of allegiance and I think that it's only appropriate, Mr. Sanchez, that we say a thank you to the Man upstairs that, what we experienced last night did not turn into a disaster. How lucky those people in this community were to be protected as they were. It could have been an absolute disaster. So, in your thank you to the Man upstairs, I want you to remember that. Please stand. All right. Chief Jimenez, the best part of the Gort family have made a request. Ladies and gentlemen, we're on the Consent Agenda. The items of the Consent Agenda, certain Commissioners have already asked for certain discussions, if they are brief. If not, they are put off as to the next regular agenda. Mr. Gort asked for certain items. Mr. Manager, are you prepared to speak to them? 2. CONSENT AGENDA. (A) AMEND SECTION 2 OF RESOLUTION 98-624, WHEREBY BIDS WERE ACCEPTED FROM BELL & SON FENCE CO., WARREN FENCE CO., INC., AZTEC ROOFING CO., AND C & F DECORATING SERVICE — FOR FURNISHING AND INSTALLATION OF CHAIN LINK FENCING CITYWIDE, IN A TOTAL AMOUNT OF $120,000, -- THEREBY RESCIND CONTRACT AWARD TO AZTEC ROOFING COMPANY — FOR CONTRACT DECLINATION — FURTHER AMEND RESOLUTION 98-624 TO CORRECT THE NAME OF C & F DECORATIVE SERVICE TO C & F DECORATING SERVICE - DIRECT CITY MANAGER TO ENSURE PARTICIPATION OF SMALL LOCAL BUSINESSES IN BIDDING PROCESS - FURTHER INSTRUCTING ESTABLISHMENT OF COMMUNITY DEVELOPMENT FUND TO EXPEDITE PAYMENT TO SAID BUSINESSES. (B) DIRECT CITY MANAGER TO ENSURE PARTICIPATION OF SMALL LOCAL BUSINESSES IN BIDDER PROCESS — FURTHER INSTRUCTING ESTABLISHMENT OF COMMUNITY DEVELOPMENT FUND TO EXPEDITE PAYMENT TO SAID BUSINESSES -- DIRECT CITY MANAGER TO CONSIDER BUYING MORE POLICE DOGS FOR NARCOTICS SEARCHES — DIRECT CITY MANAGER TO SPECIFY TOTAL COST AND TIME FRAME WHENEVER INCREASING EXISTING PROFESSIONAL SERVICES AGREEMENTS. Chief Donald Warshaw (Acting City Manager): Yes, sir. Vice Chairman Plummer: All right. Do so. Mr. Warshaw: Six, eight and 21. Vice Chairman Plummer: Six ... no, he asked for more than that. That was mine Commissioner Gort: CA-8... what I was looking at was CA-8. We have an increase of 13 percent. And, Chief, the question is not to you. It is something that has been going on from the past and I think J.L. has brought it up quite a few times. When we go out for a competitive bid, do we put on the bid everything there is to do or do we get a bid and then we start increasing as we get along? And I found that in 8, 12 and 13... CA- 13. I don't have any problem with that but I think CA-13 should be something that should be set up in all the neighborhoods. Vice Chairman Plummer: OK. Chief, Manager? Commissioner Gort: Ali, CA-20... let me get through them. July 21, 1998 Vice Chairman Plummer: OK. Mr. Warshaw: OK. Let's take CA-8 first. Vice Chairman Plummer: Hold on. You want to do CA-20? That's delinquent... Commissioner Gort: CA-20. Once again, is this ... because it is a very specific field that we need to hire this people. We don't have anybody local to do this or... Vice Chairman Plummer: OK. Mr. Warshaw: That's the debt collection of.. Commissioner Gort: Collections of...but I mean, we do have a lot of collection agencies within the City of Miami. Ms. Christina Abrams: I know. This collection agency... Vice Chairman Plummer: Who are you? Ms. Abrams: Christina Abrams, Director of Conference, Conventions and Public Facilities. I oversee the marinas. This service will allow us to collect from vessel owners who are more than six months delinquent, in the sense that they will register the vessel and go ahead and pursue liening the vessel and foreclosing on the vessel in order to ... for the sake of recoup their ... the outstanding fees. Commissioner Gort: You are telling us this is a very specialized process? Ms. Abrams: Very specialized. Commissioner Gort: And very few people in the business? Ms. Abrams: Very few people. Commissioner Gort: OK. Vice Chairman Plummer: OK. Is there another item? Commissioner Gort: CA-21. Vice Chairman Plummer: Twenty-one. I have a question on that one also but go ahead, Mr. Gort. Commissioner Gort: You go ahead and take it. Vice Chairman Plummer: My question is, are these companies all City of Miami businesses? Well, I'm going to tell you, if they're not, I'm going to pull them because somewhere along the line, somebody in this city is going to realize, first and foremost, I'm going to do business with people who do business with me. I want "local" people to benefit and "local" means people who spend their money, their taxes in the City of Miami. Commissioner Gort: Now... 4 July 21, 1998 Vice Chairman Plummer: And I have no problem with that Commissioner Gort: I got a memo from the Manager, which I sent back to you, Mr. Manager, and the reason being, I understand about the procurement system that we have. I understand that we sent out ... we look at the yellow pages and we sent out to all those people information about how to bid and so on but the biggest problem that we have ... and I've said it in the past and that's why I asked Community Development to look into it, - most of the people we send this to cannot afford to do business with the City of Miami. One, some of them might not be a ... be able to process some of the documents that we send in that competitive bids like. Number two, we take too long and pay. And some of the small businesses, their cash flow ... they need today's receipt to pay last month's bill. So, it's important that we try, Mr. Manager, that's why I asked you to talk to Community Development, and see if we can put a fund where we can put the money back into it. We can, instead of paying, pay out of those funds and, then we can recoup from the different departments. Mr. Warshaw: Commissioner, I know I sent you something in which I told you we're going to try to enhance local small businesses' ability to be able to bid and to be able to understand the rules and, of course, to have a commitment from the City that they're going to get paid. And I know from putting my police chiefs hat on for many years there's a lot of small businesses who, historically, have not wanted to do business with the City because they can't... Vice Chairman Plummer: Absolutely. Mr. Warshaw: ...afford the expend... Vice Chairman Plummer: Wait nine months. Mr. Warshaw: And, then have to wait. I will ask you on CA-21, especially in light of the fact that we're going into hurricane season, that this is a contract on an as -needed basis, that the administration really needs for fencing. Vice Chairman Plummer: Excuse me. I'm being told by Christina that all this Item 21 does is rescind the contract previously awarded. Commissioner Gort: Right. Vice Chairman Plummer: It does not award to another company. Ms. Marva Wiley: Right. Commissioner Plummer, there were four awards previously. One of the firms decided that they did not want to increase their liability insurance to one million dollars ($1,000,000), as required... Vice Chairman Plummer: So the other firm ... other three are, then, intact? Ms. Wiley: Yes. Vice Chairman Plummer: Are they city businesses? Ms. Wiley: No, they aren't not. I believe one is but the other two are not. July 21, 1998 Vice Chairman Plummer: Is any one of them, and let me give you an example. And I don't know the people that own the company. Fence Master is a black outfit in Coconut Grove. Are they one of them? Ms. Wiley: No, they aren't. Vice Chairman Plummer: And do you know they spend their money in Coconut Grove? Ms. Wiley: Although... [AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 10:08.] Vice Chairman Plummer: Do you know they pay taxes in Coconut Grove? Do you know they live in Coconut Grove? Commissioner Sanchez: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I cannot agree with you any strong... strongly that what you have just stated. I mean, we have to do everything we can to work with the businesses that are inside the City. Why are we going outside the City? And let me tell you another thing that concerns me and it's concerned a lot of my colleagues up here. The waiving of competitive biding on some of these items that have come up constantly. That...we've gotten in trouble in the past for that. We really need to be careful how we do that but, yes, I support it a hundred percent when we put our money in our City, back in our City. Vice Chairman Plummer: Question. Commissioner Gort: My question on CA-21... Vice Chairman Plummer: Go ahead. Commissioner Gort: ...was my understanding, in reading the letter, the reason this individual had to pull out because we requested one million dollars ($1,000,000.00) insurance and when he went to get his insurance, I understand that couldn't... Mr. Warshaw: It was cost -prohibited for him. Commissioner Gort: It was cost -prohibited for him to do so. Now, this one million dollar ($1,000,000.00)... I know ... I understand a lot of times we got to be covered. We got to be insured. Now, this individual, they are going to be installing fences. And my question to the Law Department -- it's not to be answered now - and to the administration is, do we require that much insurance to put a fence up? This is something we should consider, also. All right. I mean, what are the -- I'm not in Risk Management, so I don't know what the results could be or the injuries that can result from and the public or us being sued for putting up fence, but requiring a million dollars ($1,000,000) is pretty high. OK? Thank you. That answers my questions. Vice Chairman Plummer: May I inquire, Mr. Manager? Are any of the three other companies local, meaning City of Miami? Ms. Wiley: I believe one is. 6 July 21, 1998 Vice Chairman Plummer: One? Mr. Warshaw: One of the remaining three. Vice Chairman Plummer: Then, my motion would be that that one company, and I don't want you to tell me the name, that that one company would get the business. Commissioner Sanchez: Second. Vice Chairman Plummer: Hey, let these other companies go out and start a business in the City, OK? All right. There's a motion on 21 that the company that is local Miami company be the recipient of the total award. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All oppose? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-724 A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 98-624, ADOPTED JUNE 23, 1998, ACCEPTING BIDS FROM BELL & SON FENCE CO., WARREN FENCE CO., INC., AZTEC ROOFING CO., AND C&F DECORATING SERVICE FOR THE FURNISHING AND INSTALLATION OF CHAIN LINK FENCING CITYWIDE, IN A TOTAL AMOUNT OF $120,000, THEREBY RESCINDING THE CONTRACT AWARD TO AZTEC ROOFING COMPANY FOR CONTRACT DECLINATION AND CORRECTING THE NAME C&F DECORATIVE SERVICE TO C&F DECORATING SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 7 July 21, 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. Vice Chairman Plummer: Mr. Manager, I have the same question, sir, on Items 6 and 8. And if you can't answer it now, I'll put it off 'til the afternoon. On Item 6, you're talking about giving away body shops. We've got body shops all over this city and if they're not city companies, then I want put it off of giving sixty thousand to other people. In item 8, I am really upset because you're giving away five hundred and ten thousand. I think one of these companies is in Fort Lauderdale. Mr. Warshaw: Commissioner, on Item Number 6, we sent out 69 invitations to bid. We received seven responses. Vice Chairman Plummer: How many in the city? Mr. Juan Pascual: The ... well, the ... of the seven responses or the ones that were ... we're recommending to get the bids? Two of the three that we're recommending are in the City. Vice Chairman Plummer: That's great. Who are the two? Mr. Pascual: The two ... one is All State Paint and Body. Vice Chairman Plummer: Wait a minute. OK. Mr. Pascual: And the other one is World Motor Corporation. Vice Chairman Plummer: World ... OK Mr. Pascual: That's at 2100 Northwest 25th Avenue. And All State is at... Vice Chairman Plummer: If they're in the City... Mr. Pascual: Yes. Vice Chairman Plummer: Then, as far as I'm concerned, my motion is they get all of the business, OK? Mr. Pascual: OK. Mr. Vilarello: Commissioner? 8 July 21, 1998 Vice Chairman Plummer: Yes, sir. Mr. Vilarello: It is necessary for me to review exactly the way this bid request was put out before I can let you know... Vice Chairman Plummer: I move that Item 6 and 8 be deferred until September. I so move. OK. I don't have to move it. I pull the items, as I have the right to do, as a Commissioner, to put it over to the next agenda. Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: I so pull it. Mr. Teele. Commissioner Teele: Mr. Chairman, I think we all philosophically agree with you but we have a bid process. Now, there's a way to do what you want to do and that is to limit the bids to city companies. But if you go out here and you advertise, if you advertise, then you are ... that's like inviting somebody to your house. You can't put them out because you came, because they came when you asked them to come. I support the notion that we should have preferences for City companies. I think it's probably five Commissioners here. But the time to limit it is when we approve the notice of the Request For Bid. And if we're going to begin this ... I mean, I think ... you know, we open the door to a lot of different kinds of issues and I think if two of the three are City, then clearly the vast majority of the work is going to go to the City. And I think, administratively, GSA (General Service Administration) can be instructed to prioritize the work to the City companies and we can move on. But these bids generally take three months to get up here and I don't know if they need work. I know I see a lot of broken down cars running around here. The police... some of the police cars don't look like they're in mint condition. Vice Chairman Plummer: Mr. Teele, I have, for years, tried to get the City to understand my philosophy and I'm happy to hear that most of the philosophy of this Commission. I have people that are going out of business in this City because they don't have business and I don't think that it is right that I should take the tax payers of this City's money and reward someone who does not choose to do business in my city. So, I understand what you're saying and all I'm saying, that the purchasing department has got to understand that I'm going to do this, so I'm hoping they're going to change and now that they've heard your comments, that there's five up here that feel the same way, I think that we should not have to get into this problem again, Mr. Manager. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: And if you want... Commissioner Teele: Mr. Vice Chairman, would you acknowledge that the department, administratively ... they're awarded three companies. They administratively can prioritize the work to the City companies, but I don't think we ought to put the entire... Vice Chairman Plummer: OK. Mr. Teele, I hear what you say and I don't want it to be picked on. I do have a problem with one company in Fort Lauderdale. I really got a company ... to get parts from a company in Fort Lauderdale... is Angel Buick in Fort Lauderdale? Commissioner Regalado: No, it's in Coral Gables. Mr. Pascual: It's in Coral Gables, sir. 9 July 21, 1998 Vice Chairman Plummer: OK, then I stand corrected. I'll let these two ride. I'll let these two ride this morning but I want to tell you something, Mr. Manager, the next time there ain't no free rides. There's no free rides. My note, Mr —colleagues, that there is an urgent request on CA-11 from the Department of Police that, instead of the one dog, they have the opportunity of buying three fully trained narcotics dogs, which are needed by the Department of Police. Mr. City Attorney, I can increase that bid, can I, to the three dogs for the 19/5? Mr. Vilarello: Which item is that? Vice Chairman Plummer: Item CA-11. I don't think anybody would have a problem with that. Commissioner Sanchez: No, Mr. Vice Chair. Just a question. Vice Chairman Plummer: Yes, sir. Commissioner Sanchez: That would be used for, is it, Push Out the Pushers Program? Mr. Warshaw: Commissioner, one would be used for the Push Out the Pushers Program, which is in the Model City areas. The other two dogs, one would be for a newly formed unit in the central district, also similar to the POPS Unit. The third one would be for the south district. So we would have three districts, all with trained narcotics dogs. Commissioner Sanchez: I move. Vice Chairman Plummer: We'll just amend CA-11. OK. Is any of my colleagues... any of my other colleagues have any questions about the CA agenda? Commissioner Teele: On CA-11. Vice Chairman Plummer: Yes, sir. Commissioner Teele: I really think that we need more dogs, Chief. The narcotic dogs are critical, I think, to everything that we're doing. I mean, I don't know if three is enough but from my observation, as you know, I went into a home the other night that a warrant had been served improperly... had properly been served; narcotics were recovered, but the condition of that home ... I mean, there's no reason to break up mirrors and glass and wooden chairs and all that. I know that people are creative in how they stash drugs but the point is this, narcotics dogs, I think, can really help with a more creative way of enforcement, so I commend you and urge you to consider even more dogs because I can give you story after story. On 79th Street, a week ago, they were out there looking for drugs in the middle of the night and these criminals are very creative in how they hide drugs and so... Vice Chairman Plummer: And well financed. Commissioner Teele: And well financed. So, again, I commend you. But I really think we ought to consider even more dogs. Vice Chairman Plummer: I can give you an account of yesterday. I was in the Overtown area. I'm sorry, Mr. Teele. 10 July 21, 1998 Commissioner Teele: Please, feel free to come. Vice Chairman Plummer: And startled I was of the discovery of heroin. It is back out on the streets. They made a tremendous catch yesterday. The Jump Out Boys...I don't know what they were. They're not in regular uniforms. But they not only got the heroin, they got the syringes and they got the people. So, I hope that you will commend them on behalf of this Commission, Mr. Manager, Chief, Chief, Manager. Mr. Warshaw: Thank you. Vice Chairman Plummer: OK. Any other CA items to be pulled or discussed? Commissioner Regalado: I... Commissioner Sanchez: Just one more question on 11. One more question. The funds, where are those funds coming from? Vice Chairman Plummer: Where ... what? Commissioner Sanchez: The funds for the dogs. Vice Chairman Plummer: The dogs? They're coming, I'm assuming, from... Mr. Warshaw: They're coming from the Law Enforcement Trust Fund. Vice Chairman Plummer: That's that magical wand that the Chief waves every once in a while Mr. Warshaw: Not that magical. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I only have a comment on CA-10 and I don't have any problem or question, but since it has to do with Police Department substations and mini -stations. I just want to announce to the members of the Commission and to the people of Miami that the General Manager of Paseo's has agreed to give the City of Miami Police Department a site for a mini -station. They have installed a phone. It's an air conditioned office. They will be paying for it. They will be cleaning, of course, the office and it's the first on this area of the Coral Way corridor that we have and the Chief is aware of that. Lieutenant Orosa, I think, had also checked the place and he agrees that, yes. So, I just want to be on the record to thank the Paseo's management and I hope, Chief, that police in this area will appreciate that. The idea, as a matter of fact, came when I went with my son in one of the cafeterias in Coral Way and I saw a police officer writing reports, so I asked her whether they have a place to do this and she says no. And she said, we would like to have it. So, we went to the Paseo's management and they graciously agreed to get that. Vice Chairman Plummer: Good. Mr. Regalado, please be quiet. Let's get this thing finished because Boom -Boom might show up. Commissioner Regalado: I'm just... Vice Chairman Plummer: Are there any other items on the Consent Agenda that needs to be addressed? Commissioner Gort: Mainly, when I talked about CA-12, the same thing we talked about. If we go out 11 July 21, 1998 with an RFP (Request For Proposal), I'd like, from the beginning, to specify how much we're going to use and how long the contract's going to be. My understanding, we're approving an extension of two years to this contract and we are moving to an additional fifteen thousand dollars ($15,000.00) because we have asked to do additional work and they have done quite a work in working with the ... pursuing the settlement of the pension plans and the union contracts. Vice Chairman Plummer: Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda? Let the record reflect there is no one that steps forward. Mr. Clerk, you have, in fact, noted the amendments that have been offered into the items? Mr. Walter Foeman (City Clerk): Yes, sir. Vice Chairman Plummer: All right. Motion for the Consent Agenda is moved by... Commissioner Regalado: Me. Vice Chairman Plummer: By me. Commissioner Regalado: Yeah. Vice Chairman Plummer: And seconded by. Commissioner Regalado: You. Commissioner Teele: I. Vice Chairman Plummer: I. All right. This is going to be a hell of a day. 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 REGALADO AND SECONDED BY COMMISSIONER TEELE, 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 Plummer, Jr. 12 July 21, 1998 NAYS: None. ABSENT: None. 2.1 AUTHORIZE FUNDING FOR YOUTH OF AMERICA, INC., IN THE AMOUNT OF $15,000 — ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, 690003. RESOLUTION 98-725 A RESOLUTION AUTHORIZING FUNDING FOR YOUTH OF AMERICA, INC., IN THE AMOUNT OF $15,000.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, 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. 2.2 AUTHORIZE FUNDING OF THE DADE COMMUNITY FOUNDATION, IN AMOUNT OF $17,879.60 — ALLOCATE FUNDS THEREFOR, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, 932.7055. RESOLUTION 98-726 A RESOLUTION AUTHORIZING FUNDING OF THE DADE COMMUNITY FOUNDATION, IN THE AMOUNT OF $17,879.60, AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 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." 13 July 21, 1998 2.3 ACCEPT BID: BANNERMAN LANDSCAPING, INC., IN PROPOSED AMOUNT OF $102,500 - FOR PROJECT ENTITLED "EDISON/LITTLE RIVER C.D. SIDEWALK PROJECT, B-4603 (SECOND BIDDING)"; ALLOCATE FUNDS THEREFOR FROM PROJECT NO. 341304, AS APPROPRIATED BY THE FISCAL YEAR 1997-98 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED - FOR ESTIMATED TOTAL COST OF $115,000. RESOLUTION 98-727 A RESOLUTION ACCEPTING THE BID OF BANNERMAN LANDSCAPING, INC., IN THE PROPOSED AMOUNT OF $102,500.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED: "EDISON/LITTLE RIVER C.D. SIDEWALK PROJECT, B-4603 (SECOND BIDDING)"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341304, AS APPROPRIATED BY THE FISCAL YEAR 1997-98 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $102,500.00 TO COVER THE CONTRACT COST AND $12,500.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $115,000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. 2.4 ACCEPT BID: ALEXANDER BATTERIES - FOR PROCUREMENT OF RADIO BATTERIES - FOR DEPARTMENT OF POLICE, AT AN ANNUAL COST NOT TO EXCEED $17,200 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.718. RESOLUTION 98-728 A RESOLUTION ACCEPTING THE BID OF ALEXANDER BATTERY COMPANY SOUTHEAST, INC., FOR THE PROCUREMENT OF RADIO BATTERIES, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE YEAR PERIOD, FOR THE DEPARTMENT OF POLICE, AT AN ANNUAL COST NOT TO EXCEED $17,200.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.001000.290201.6.718. 14 July 21, 1998 2.5 ACCEPT BID: EL -AL ELECTRIC INC., IN PROPOSED AMOUNT OF $13,130 - FOR PROJECT ENTITLED "WAINWRIGHT PARK SECURITY LIGHTING IMPROVEMENTS, B-6295" - ALLOCATE FUNDS THEREFOR FROM PROJECT NO. 333100, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623 - FOR AN ESTIMATED TOTAL COST OF $22,530. RESOLUTION NO.98-729 A RESOLUTION ACCEPTING THE BID OF EL -AL ELECTRIC INC., IN THE PROPOSED AMOUNT OF $13,130.00, TOTAL BID OF THE PROPOSAL FOR THE PROJECT ENTITLED "WAINWRIGHT PARK SECURITY LIGHTING IMPROVEMENTS, B-6295," ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 333100, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $13,130.00 TO COVER THE CONTRACT COST AND $9,400.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $22,530.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FORM. 2.6 ACCEPT BIDS: ALLSTATE PAINT & BODY SHOP; E.S.E.F., INC.; AND WORLD MOTOR CORP. - FOR THE PROCUREMENT OF AUTO BODY WORK REPAIR, REFURBISHMENT AND PAINTING OF CITY VEHICLES - FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $60,000 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.001000.280701.6.670. RESOLUTION NO. 98-730 A RESOLUTION ACCEPTING THE BIDS OF ALLSTATE PAINT & BODY SHOP; E.S.E.F., INC.; AND WORLD MOTOR CORP., FOR THE PROCUREMENT OF AUTO BODY WORK REPAIR, REFURBISHMENT AND PAINTING OF CITY VEHICLES, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE- YEAR PERIODS, FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL AMOUNT NOT TO EXCEED $60,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.280701.6.670. 15 July 21, 1998 2.7 APPROVE PURCHASE OF ABOVE GROUND STORAGE TANK WITH ACCESSORIES FROM CONVAULT FLORIDA, INC., UNDER EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO. 8301090 - FOR DEPARTMENT OF POLICE - AT TOTAL COST NOT TO EXCEED $19,023 - ALLOCATE FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO.312034.299401.6.840. RESOLUTION NO.98-731 A RESOLUTION APPROVING THE PURCHASE OF AN ABOVE GROUND STORAGE TANK WITH ACCESSORIES FROM CONVAULT FLORIDA, INC., UNDER EXISTING STATE OF FLOIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO. 8301090, FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $19,023.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT ACCOUNT CODE NO.312034.299401.6.840. 2.8 APPROVE INCREASE IN ALLOCATION OF FUNDS FOR PROVISION OF ORIGINAL EQUIPMENT MANUFACTURERS (OEM) PARTS AND REPAIR SERVICES FOR CITY VEHICLES' AND MOTORCYCLES, ON AS -NEEDED CONTRACT BASIS, FROM ANGEL BUICK OLDSMOBILE, INC.; SUN CHEVROLET; GRAND PRIZE MOTORS, INC.; PALMETTO KAWASAKI; SOUTHWEST CYCLE; METRO FORD, INC.; AND TROPICAL CHEVROLET - FROM $450,000 TO $510,000 - FOR DEPARTMENT OF POLICE, FLEET SERVICE CENTER - ALLOCATE FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES, ACCOUNT CODE NO. 503001.420905.6.670. RESOLUTION NO. 98-732 A RESOLUTION APPROVING AN INCREASE IN THE ALLOCATION OF FUNDS FO THE PROVISION OF ORIGINAL EQUIPMENT MANUFACTURERS (OEM) PARTS AND REPAIR SERVICES FOR CITY VEHICLES AND MOTORCYCLES, ON AN AS -NEEDED CONTRACT BASIS, FROM ANGEL BUICK OLDSMOBILE, INC.; SUN CHEVROLET; GRAND PRIZE MOTORS, INC.; PALMETTO KAWASAKI; SOUTHWEST CYCLE; METRO FORD, INC., AND TROPICAL CHEVROLET, FROM $450,000.00 TO $510,000.00, FOR THE DEPARTMENT OF POLICE, FLEET SERVICE CENTER; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES, ACCOUNT CODE NO. 503001.420905.6.670. 16 July 21, 1998 2.9 APPROVE 44 VENDORS UNDER EXISTING MIAMI-DADE COUNTY MOBILE EQUIPMENT REPLACEMENT PARTS & SERVICES CONTRACT NO. 5380-2/00 - FOR PROVISION OF REPAIRS AND MAINTENANCE OF SOLID WASTE CRANES AND TRUCKS - FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - AT TOTAL ANNUAL AMOUNT NOT TO EXCEED $60,000 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.509000.420901.6.702. RESOLUTION 98-733 A RESOLUTION, WITH ATTACHMENT, APPROVING THE 44 VENDORS LISTED IN EXHIBIT "A", ATTACHED HERETO, UNDER EXISTING MIAMI-DADE COUNTY MOBILE EQUIPMENT RELACEMENT PARTS & SERVICES CONTRACT NO. 5380-2/00, FOR THE PROVISION OF REPAIRS AND MAINTENANCE OF SOLID WASTE CRANES AND TRUCKS, ON AN AS -NEEDED CONTRACT BASIS THROUGH JUNE 30, 1999, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE YEAR PERIOD, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $60,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 509000.420901.6.702. 2.10 INCREASE CONTRACT WITH AFTER HOURS CLEANING SERVICE, INC., IN THE AMOUNT OF $4,776, FROM $81,816 TO $86,592 - FOR CUSTODIAL SERVICES - FOR POLICE DEPARTMENT'S NORTH AND SOUTH DISTRICT SUBSTATIONS, MINI -STATIONS, INCLUDING DOWNTOWN MINI -STATION, SATELLITE OFFICES AND AUTO POUND - ALLOCATE FUNDS THEREFOR FROM POLICE DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE 001000.290201.6.340. RESOLUTION NO.98-734 A RESOLUTION INCREASING THE CONTRACT WITH AFTER HOURS CLEANING SERVICE, INC., IN THE AMOUNT OF $4,776, FROM $81,816 TO $86,592, FOR CUSTODIAL SERVICES FOR THE POLICE DEPARTMENT'S NORTH AND SOUTH DISTRICT SUBSTATIONS, MINI -STATIONS, INCLUDING THE DOWNTOWN MINI -STATION, SATELLITE OFFICES AND THE AUTO POUND; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO 001000.290201.6.340. 17 July 21, 1998 2.11 AUTHORIZE PURCHASE OF THREE NARCOTICS TRAINED CANINE FROM METRO DADE K-9 GUARD DOGS, UNDER EXISTING MIAMI-DADE COUNTY COUNTRY NUMBER IB4293- 2/02-0 - IN PROPOSED AMOUNT OF $6,500 EACH - ALLOCATE FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690001.291002.6.875. 2C [CA-11 ] DIRECT CITY MANAGER TO CONSIDER BUYING MORE POLICE DOGS FOR NARCOTICS SEARCHES. RESOLUTION NO. 98-735 A RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) NARCOTICS TRAINED CANINES FROM METRO DADE K-9 GUARD DOGS, UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NUMBER IB4293-2/02-OTR, IN THE PROPOSED AMOUNT OF $19,500.00; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690001.291002.6.875, SAID EXPENDITURE 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, CHAPTER 932.7055; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION. 2.12 AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT, TO PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM M. MERCER - INCREASE COMPENSATION IN AN AMOUNT NOT TO EXCEED $15,000 - FOR ANNUAL FIRST YEAR TOTAL OF $60,000 - FOR ADDITIONAL ACTUARIAL SERVICES - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.921122.6.270 - FURTHER AUTHORIZING OPTION TO EXTEND SAID PROFESSIONAL SERVICES AGREEMENT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. DIRECT CITY MANAGER TO SPECIFY TOTAL COST AND TIME FRAME WHENEVER INCREASING EXISTING PROFESSIONAL SERVICES AGREEMENTS. RESOLUTION NO. 98-736 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM M. MERCER, BY INCREASING COMPENSATION IN AN AMOUNT NOT TO EXCEED $15,000, FOR AN ANNUAL FIRST YEAR TOTAL OF $60,000, FOR ADDITIONAL ACTUARIAL SERVICES, AS HEREIN SPECIFIED; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.921122.6.270; FURTHER AUTHORIZING THE OPTION TO EXTEND SAID PROFESSIONAL SERVICES AGREEMENT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. 18 July 21, 1998 2.13 AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH ATLAS SAFETY & SECURITY DESIGN, INC. - FOR PERIOD OF ONE (1) YEAR, IN AN AMOUNT NOT TO EXCEED $34,224, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE ENVIRONMENTAL DESIGN CONSULTANT SERVICES - FOR POLICE DEPARTMENT - ALLOCATE FUNDS FROM PROBLEM SOLVING PARTNERSHIPS GRANT PROGRAM, ACCOUNT CODE NO. 142018.291226.6.270. RESOLUTION NO. 98-737 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ATLAS SAFETY & SECURITY DESIGN, INC., FOR A PERIOD OF ONE (1) YEAR, IN AN AMOUNT NOT TO EXCEED $34,224.00, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE ENVIRONMENTAL DESIGN CONSULTANT SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM THE PROBLEM SOLVING PARTNERSHIPS GRANT PROGRAM, ACCOUNT CODE NO. 142018.291226.6.270. 2.14 AUTHORIZE LEASE OF ONE (1) RENTAL VEHICLE FROM INTERAMERICAN CAR RENTAL, UTILIZING EXISTING CITY OF MIAMI BID NO. 96-97-077R, IN PROPOSED AMOUNT OF $6,500 - ALLOCATE FUNDS THEREFOR FROM STOP VIOLENCE AGAINST WOMEN GRANT, ACCOUNT CODE NO. 142019.291235.6.610. RESOLUTION NO.98-738 A RESOLUTION AUTHORIZING THE LEASE OF ONE (1) RENTAL VEHICLE FROM INTERAMERICAN CAR RENTAL, UTILIZING EXISTING CITY OF MIAMI CONTRACT NO. 96-97-077R, IN THE PROPOSED AMOUNT OF $6,500.00; ALLOCATING FUNDS THEREFOR FROM THE "STOP VIOLENCE AGAINST WOMEN" GRANT, ACCOUNT CODE NO. 142019.291235.6.610; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION. 19 July 21, 1998 2.15 ACCEPT TWO LEGISLATIVE LINE ITEM GRANTS IN AMOUNT OF $100,000 AND $300,000 RESPECTIVELY FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO BE USED BY PARKS AND RECREATION - FOR RENOVATIONS AND IMPROVEMENTS TO THE FOLLOWING PARKS IN THE AMOUNT SPECIFIED HEREIN: $100,000 FOR LEMON CITY PARK; $100,000 FOR SHENANDOAH PARK; AND $200,000 FOR KINLOCK PARK. RESOLUTION NO.98-739 A RESOLUTION ACCEPTING TWO LEGISLATIVE LINE ITEM GRANTS IN THE AMOUNTS OF $100,000 AND $300,000 FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION FOR RENOVATIONS AND IMPROVEMENTS TO THE FOLLOWING PARKS IN THE AMOUNTS SPECIFIED: $100,000 FOR LEMON CITY PARK, $100,000 FOR SHENANDOAH PARK, AND $200,000 FOR KINLOCK PARK; SAID GRANTS REQUIRING MATCHING FUNDS IN THE SAME AMOUNTS TO BE ALLOCATED FROM SAFE NEIGHBORHOOD PARK BONDS FUNDS PREVIOUSLY APPROPRIATED TO THE CAPITAL IMPROVEMENT PROJECT ACCOUNTS FOR SAID PARKS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT AND IMPLEMENT THE PROJECTS. 2.16 ACCEPT DONATION OF $1,500 CASH FROM DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE (DCAADV) - FOR POLICE PROGRAM. RESOLUTION NO. 98-740 A RESOLUTION ACCEPTING THE DONATION OF $1,500 CASH FROM THE DADE COUNTY ALLIANCE AGAINST DOMESTIC VIOLENCE (DCAADV); SAID MONIES ARE TO BE USED STRICTLY AND EXCLUSIVELY BY THE CITY OF MIAMI DEPARTMENT OF POLICE, DOMESTIC VIOLENCE UNIT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SAID DONATION. 20 July 21, 1998 2.17 ACCEPT $50,000 DONATION FROM BRICKELLINVEST JOINT VENTURE, A FLORIDA GENERAL PARTNERSHIP, DEVELOPER OF THE BAYSHORE PALMS PROJECT, THROUGH THE DADE COMMUNITY FOUNDATION'S "CITY OF MIAMI CORPORATE CHALLENGE FUND AT DADE COMMUNITY FOUNDATION" - FOR EXTENDING 1998 SUMMER RECREATION PROGRAM SWIMMING POOL SEASON FROM AUGUST 22 THROUGH AUGUST 30, 1998. RESOLUTION NO.98-741 A RESOLUTION ACCEPTING A $50,000 DONATION FROM BRICKELLINVEST JOINT VENTURE, A FLORIDA GENERAL PARTNERSHIP, DEVELOPER OF THE BAYSHORE PALMS PROJECT, THROUGH THE DADE COMMUNITY FOUNDATION'S "CITY OF MIAMI CORPORATE CHALLENGE FUND" AT DADE COMMUNITY FOUNDATION, TO BE UTILIZED FOR EXTENDING THE 1998 SUMMER RECREATION PROGRAM SWIMMING POOL SEASON FROM AUGUST 22 THROUGH AUGUST 30, 1998, THE LAST DAY BEFORE SCHOOL STARTS; SAID FUNDS TO BE ALLOCATED TO THE PARKS AND RECREATION DEPARTMENT'S RECREATION ACTIVITY CONSOLIDATED ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SAID DONATION. 2.18 ACCEPT DONATION OF IMPROVEMENTS AND LANDSCAPING FROM BASKETBALL PROPERTIES LTD, TO CITY OWNED LAND COMMONLY KNOWN AS THE F.E.C. TRACT, LOCATED AT 801 BISCAYNE BOULEVARD, MIAMI, FLORIDA - FOR PURPOSE OF STABILIZING SHORELINE AND BEAUTIFYING ITS SURROUNDING AREAS, AT NO EXPENSE TO THE CITY OF MIAMI. RESOLUTION NO. 98-742 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, (THE "AGREEMENT"), WITH BASKETBALL PROPERTIES LTD., ("BPL") PERMITTING BPL TO ENTER UPON CITY OWNED WATERFRONT LAND CONSISTING OF APPROXIMATELY 10 ACRES, LOCATED AT 801 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR PURPOSE OF CONSTRUCTION AND MAINTENANCE OF APPROXIMATELY 535 FEET OF SHORELINE STABILIZATION IMPROVEMENTS AND INSTALLATION AND MAINTENANCE OF LANDSCAPING, AT NO EXPENSE TO THE CITY OF MIAMI, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY FROM TIME TO TIME; FURTHER ACCEPTING BPL' S DONATION OF ALL THE LABOR AND MATERIALS ASSOCIATED WITH THE IMPROVEMENTS. 21 July 21, 1998 2.19 AUTHORIZE CITY ATTORNEY TO ENGAGE ROBERT S. GLAZIER, ESQ. TO SERVE AS COUNSEL TO FILE AND PROSECUTE A PETITION FOR WRIT OF CERTIORARI IN THE THIRD DISTRICT COURT OF APPEAL IN RALEY VS CITY OF MIAMI, FLORIDA, CASE NO. 98-1610 - FOR AN AMOUNT NOT TO EXCEED $1,750 FOR SAID SERVICES, PLUS AN AMOUNT NOT TO EXCEED $500.00 FOR COSTS - ALLOCATE FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE 515001.424401.661. RESOLUTION NO.98-743 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE ROBERT S. GLAZIER, ESQ. TO SERVE AS COUNSEL TO FILE AND PROSECUTE A PETITION FOR WRIT OF CERTIORARI IN THE THIRD DISTRICT COURT OF APPEALS IN RALEY VS. CITY OF MIAMI, FLORIDA, CASE NO. 98-1610, FOR AN AMOUNT NOT TO EXCEED $1,750 FOR SAID SERVICES, PLUS AN AMOUNT NOT TO EXCEED $500.00 FOR COSTS; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE 515001.424401.661. 2.20 ACCEPT BID: UNITED AMERICAN LIEN & RECOVERY - FOR PROCUREMENT OF COLLECTION SERVICES - FOR DELINQUENT ACCOUNTS AT CITY MARINAS - FOR DEPARTMENT OF PUBLIC FACILITIES - PAYMENT WILL BE MADE TO VENDOR FROM FEES COLLECTED - ALLOCATE FUNDS FROM ACCOUNT CODE NO.413000.350505.6.340. RESOLUTION NO.98-744 A RESOLUTION ACCEPTING THE BID OF UNITED AMERICAN LIEN & RECOVERY FOR THE PROVISION OF COLLECTION SERVICES FOR DELINQUENT ACCOUNTS AT CITY MARINAS ON AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS, FOR THE DEPARTMENT OF PUBLIC FACILITIES; ALLOCATING PAYMENT TO VENDOR FROM FEE COLLECTIONS, WITH ADDITIONAL FUNDS AVAILABLE FROM ACCOUNT CODE NO.413000.350505.6.340. 22 July 21, 1998 2.21 ACCEPT PLAT ENTITLED FARMERS MARKET AT THE GROVE, A SUBDIVISION IN THE CITY OF MIAMI. RESOLUTION NO.98-745 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED FARMERS MARKET AT THE GROVE, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 2.22 ACCEPT PLAT ENTITLED BRICKELL KEY ON CLAUGHTON ISLAND SECTION FIVE, A SUBDIVISION IN THE CITY OF MIAMI. RESOLUTION NO. 98-746 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BRICKELL KEY ON CLAUGHTON ISLAND SECTION FIVE, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Vice Chairman Plummer: I'm going to ask that Item 7 and the Mayor has asked Item 14 be put off until the afternoon. I'm sorry, Item 2 through 5 and 14. Vice Chairman Plummer: OK, Item 3. Wait a minute. That's all part of it, isn't it? Mr. Warshaw: Two through five are all part of it. Vice Chairman Plummer: All right. So we'll ... two through five. We will then go to ... is six part of it also? Mr. Warshaw: No. Mr. Vilarello: No. Vice Chairman Plummer: No. OK. No, six is for the Urban Rescue. It's a resolution for the purchase of the helmets for the Urban Rescue. Moved by Teele? 23 July 21, 1998 [NOTE FOR THE RECORD: COMMISSIONER PLUMMER TABLED ITEMS 2 THROUGH 5 AND 14 UNTIL THE AFTERNOON SESSION] 3. RATIFY / APPROVE/ CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE; -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING - APPROVE PURCHASE OF PACIFIC RESCUE HELMETS FROM RESCUE EQUIPMENT NW, INC. - FOR FIRE RESCUE, URBAN SEARCH & RESCUE (US&R) TEAM. Commissioner Sanchez: Move. Vice Chairman Plummer: Seconded by Sanchez. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: All opposed? Show it unanimous. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-747 A RESOLUTION, BY A 4/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF PACIFIC RESCUE HELMETS FROM RESCUE EQUIPMENT NW, INC., THE SOLE SOURCE PROVIDER FOR THIS EQUIPMENT, FOR THE DEPARTMENT OF FIRE RESCUE, URBAN RESEARCH & RESCUE (US&R) TEAM, AT AN AMOUNT NOT TO EXCEED $19,000.00; ALLOCATING FUNDS THEREFOR FROM THE STATE OF FLORIDA GRANT, US&R, ACCOUNT CODE NO. 313826.802801.6650.84029. (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. 24 July 21, 1998 COMMENTS MADE AFTER ROLL CALL: Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I see one of our distinguished Gucci wearers has walked in and, apparently, you all have decided to defer the Off Street Parking item until after lunch today? Vice Chairman Plummer: Sir, that was a request of the Mayor. Commissioner Teele: So, I just thought... 4. RATIFY / APPROVE/ CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE - WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES — APPROVE PURCHASE OF PORTABLE CLINICAL BLOOD ANALYZER FROM I-STAT CORPORATION - FOR DEPARTMENT OF FIRE -RESCUE, URBAN SEARCH & RESCUE (US&R) TEAM. Vice Chairman Plummer: Well, he hasn't missed many lunches so he'll enjoy this one. Richard, nice to have you here. OK. Item 7. Sole source, which I hate, to buy for the Rescue --Chief, what do we? --this is the portable clinical blood analyzer. Commissioner Teele: So move, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Plummer: All right. Mr. Teele moves. Seconded by Sanchez. And, for the record, this is for the availability of the doctors in the case of the disaster. All in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? Show unanimous. 25 July 21, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-748 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF A PORTABLE CLINICAL BLOOD ANALYZER FROM I-STAT CORPORATION, FOR THE DEPARTMENT OF FIRE -RESCUE, URBAN SEARCH & RESCUE (US&R) TEAM, AT AN AMOUNT NOT TO EXCEED $7,000.00; ALLOCATING FUNDS THEREFOR FROM THE STATE OF FLORIDA GRANT, URBAN SEARCH AND RESCUE, ACCOUNT CODE NO. 313 826.802801.6650.84029. (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. 5. PERSONAL APPEARANCE: MICHAEL A. DUDIK, REGARDING DOCKAGE AT MIAMARINA, FOR COMMERCIAL VESSEL - INSTRUCT MANAGER TO VACATE LETTER PREVIOUSLY SENT AWARDING DOCKAGE TO AQUA AZUR VESSEL ADJACENT TO HARD ROCK CAFE AT MLA -MARINA - FURTHER DIRECT MANAGER TO SCHEDULE PUBLIC HEARING WORKSHOP TO PRESENT PLAN FOR OUTSIDE QUAY WALL OF SAID MARINA - FURTHER DEFER AGENDA ITEM 18 (PROPOSED FIRST READING ORDINANCE AMENDING CODE RELATED TO SHIPS / VESSELS / WATERWAYS) TO COMMISSION MEETING OF SEPTEMBER 8, 1998. (See label 17). Vice Chairman Plummer: Mr. Michael Dudik, Number 8. To address the City Commission regarding dockage at the City of Miami Marina. Mr. Dudik, you have five minutes, sir. Mr. Michael Dudik: Good morning. My name is Michael A. Dudik. I reside at 3239 West Trade Avenue, Coconut Grove, Florida. I am here because of a scenario where we have literally taken a vote out of this City to operate it, taking it to Naples because we cannot get a commercial dock that will give the successful 26 July 21, 1998 operation of the vessel. Vice Chairman Plummer: Mr. Dudik, please, stop. Mr. Manager, are you familiar with this subject? Mr. Warshaw: Yes, sir. Vice Chairman Plummer: Thank you. Proceed. Mr. Dudik: OK. Quick, little, brief background. I've been in the City now for about 14 years. We had litigation before over a document, trying to get a dock in the City of Miami. It was a settlement agreement. We did obtain a dock at Bayside Market Place that was for the vessel celebration. For the record, we were forced to build a dock, put the electric in, tear the dock down, during construction of Miami Arena, rebuild the dock... Commissioner Teele: May I inquire? Who forced you to do this? Mr. Dudik: This was the settlement agreement in order for us to operate in the City of Miami. Commissioner Teele: So, you weren't forced to do it? It was pursuant to a legal settlement agreement? Mr. Dudik: It would the only way I could stay in business, in short. However, we expended those costs about forty to fifty thousand dollars ($50,000.00) and over the years, we have spent with this City approximately three hundred and twenty-two thousand dollars ($322,000.00) in dockage, mostly at Dinner Key Marina and Bayside Market Place. Also, of record, some people will say I am not a model citizen because I have been late on dock rents and, yes, I have been late on dock rents, just for the record. However, we do not owe the City any money, to my knowledge. We are current on everything that we have done over the years and, at present, we are operating The Celebration. In September of 1997, we brought in another boat called The Friendship. I went and followed the rules of regulation, which is the Miami City Code and from those codes, which is Section 50-61, we applied for a certificate. We applied for all the permitting needed to operate in the City of Miami. We were issued those. We operated the vessel out of Dinner Key Marina and sublet that vessel to Celebration so it could operate when Celebration was out. However, as time has gone on, a dock opened up in the area of Bayside Market Place, which is on the south pavilion, outside Quay Wall, next to Hard Rock Cafe. It is not inside the basin. It is outside. An existing operation folded, went out of business and, at that time, I requested, in writing, to the dock master's office for that location. I did supply a book to all the Commissioners with all the information in respect to applications, licensing, permitting and full information on a Marina. Recently I've received a letter that we will not be given the slip because A, we're not a model citizen because we were late on dock payments. Secondly, that slip was assigned, not according to the City Code. It was assigned to a foreign vessel that has absolutely no applications on file; no fees paid; no credit reports; no police reports; does not reside in the City of Miami. The boat is from Kingston, Jamaica. If you, in your file, if you look under the foreign vessel package, you will see that this item has a lot of problems with the foreign vessel operating out of Port of Miami, such as clearances from the pilot authority, special trash bins for the Department of Agriculture, licensing, permits. They don't have to pay state taxes or they don't have to pay the local taxes because they are a foreign vessel. The operator does not live in the city. He lives in Hallendale. You'll also find that the checks written from the company are from a New York bank operating, from what I assume by public record, from New York. Now, my argument is very simple. I have been here operating for 14 years in the city. I reside in the city. I operate in the city and I'm denied a vessel. I'm denied a vessel location at Bayside Market Place outside wall because I have been late, and that's the only assumption I get, on my dock rents. Now, I do want to make a notation here... 27 July 21, 1998 Vice Chairman Plummer: Mr. Dudik, you have less than one minute to wrap up, please. Mr. Dudik: I need 36 seconds. I have a memo, inter -office memo, directed to Christine Abrams. It was from Stephen Bogner on March 5, 1998, obtained through Public Information Act and it says ... and this is in reference to another gentleman. I told Mr. Aguirre that I would mail him an application package for Certificate of Public Conveyance and Necessity, which will be the first step to anyone wishing to bring their business to the Marina. Unfortunately, they signed a contract that was rammed through July 15th. Copies are in your book, gentlemen. It was rammed through with none of the paperwork, whatsoever, to a non- resident of the City of Miami. Bottom line, we're looking to bring the boat back to Miami and operate it so we could continue our business and growth. And a big point to end it. If we're good enough to promote this City, take out the National Committee, Democratic Committee for the Site Committee to bring business to Miami, yet, we're not good enough to get a slip. Thank you. Vice Chairman Plummer: Thank you, Mr. Dudik. Mr. Manager? Mr. Warshaw: Commissioner, before I ask Christina Abrams to speak, let me see if I can just narrow this particular issue. This dispute has to do with one particular slip on the bay wall and what Christina Abrams is going to talk to you about is that the staff has developed, what I guess I would characterize as an Economic Development Plan for the Marina, which includes a variety of types of vessels, including water sports vessels, dinner cruises, ferries and this particular issue involving Mr. Dudik is, this particular spot, which admittedly is a prime spot, but if you'll hear what Christina has to say, it talks about why we want to change the mix to be family/friendly, tourist/friendly and not just have only pleasure boats that are taking people out well into the evening, sometimes with problems with residents in the Brickell corridor. So I'd like Christina just give you a little format of what we've designed in terms of a revenue generation for almost sixty-eight thousand dollars ($68,000.00) in annual revenue and give you the mix of what those vessels are. Vice Chairman Plummer: Well, let me ... are we really speaking to the issue before us? Ms. Abrams: The issue before you is that Mr. Dudik has been denied dockage for the slip. Vice Chairman Plummer: That's the issue. Now, I would appreciate that we speak to that issue and, if you wish to go beyond that, we might or might not do it. But the man is contending that he was not dealt with on a fair basis for a particular slip and he is contending that there was maybe some things that shouldn't have happened. So, that's what I want you speak to. The revenue issue and all of that, Mr. Manager, anyone can ask those questions but let's talk to the subject at hand. Ms. Abrams: Thank you, Commissioners. Mr. Dudik currently has three commercial slips in the City Marina. He has two in Dinner Key and one at Bayside Miamarina. He has been docked at Miamarina inside the basin, operating a sightseeing vessel since 1996. Mr. Dudik requested to dock his boat at the slip known as ICW-1. It is a prime location. It is our recommendation that Mr. Dudik not be allowed to occupy another slip until he improves his occupancy of the City Marinas as it currently is. What I'm going to distribute to you now is a record of his payment history since 1996. Mr. Dudik has been delinquent over 25 times since 1996. In many of those occasions, he's been late for a period of four or five months. Commissioner Regalado: How many boats are delinquent now? Mr. Stephen Bogner: No current vessels are delinquent at Miamarina, sir. 28 July 21, 1998 Ms. Abrams: No current vessel. Vice Chairman Plummer: Well, let me ask you... Commissioner Regalado: Not including him? Ms. Abrams: Correct. If I can also point out, as the letter goes around, this letter summarizes the fact that he's been late for 25 times. It also has letters from Bayside Marina, who also ... I mean, from Bayside Market Place, that also rescinded his license to operate because he had been late and for other reasons, as well as other correspondence to Mr. Dudik. Mr. Dudik became current recently, after we sent him final notice that we intended to cancel his stipulated settlement agreement and a copy of this is being distributed. Vice Chairman Plummer: Christina? Ms. Abrams: Yes, sir. Vice Chairman Plummer: The Manager doesn't do your work. Ms. Abrams: I'm sorry. Vice Chairman Plummer: Would you ask this gentleman to pass it out, please? Ms. Abrams: I am so sorry. I'm sorry. Mr. Dudik: Could I put a quick input in, please? Ms. Abrams: If I could just continue, please. Vice Chairman Plummer: No, let her do hers and you'll have rebuttal. Ms. Abrams: All right. In the time that Mr. Dudik has been in arrears, we have had more than numerous occasions of discussions with him. I am not saying that Mr. Dudik should never be given the opportunity to have another slip. In fact, we welcome and encourage new commercial ventures in Miamarina. However, until Mr. Dudik shows, at least for a period of six months, that he is consistently paying late fees, I don't think we should reward his previous history by giving him another slip. If he shows that improvement, I think that we should reconsider at that time. Vice Chairman Plummer: All right. So your turndown is, then, predicated on delinquent payments, is that correct? Ms. Abrams: Yes. Commissioner Regalado: OK. Ms. Abrams: Now, I would... Commissioner Regalado: So we're going to start a new policy? Whoever is delinquent will be denied a new contract? Ms. Abrams: Sir, it is our responsibility to operate the marina as effectively and efficiently as possible. 29 July 21, 1998 Vice Chairman Plummer: You didn't hear the Commissioner. Ms. Abrams: I'm sorry. Commissioner Regalado: No. I'm asking you if you have a new policy... Vice Chairman Plummer: And I hope they do. Commissioner Regalado: ...whether you're going to deny any new contracts or cancel contracts to every vessel that is delinquent? Vice Chairman Plummer: Absolutely. Ms. Abrams: Effective immediately, after being given due notice, 30 days, if a tenant is late, we will not give them the opportunity to occupy another slip. Vice Chairman Plummer: No, no, no, no, no. Don't ... when a tenant is late, he's out. He's out. If I don't pay my rent, they throw me out. Ms. Abrams: I'd like to defer to the Law Department. Vice Chairman Plummer: Now, why ... this is why the City is in such problems financially. Mr. Vilarello: Miss. Abrams is indicating that, of course, due process is going to be provided to each of those tenants so that they can have either an opportunity to cure or be removed from the premises. Vice Chairman Plummer: They know that when they sign their contract, that their rent is due on such and such a date. And I'll tell you something, we need to follow-up on this here and, then we will not be paying companies a big price to make a collection of six months or older accounts that have not been paid to this City. All right. Christina, you have anything else you wish to add? Ms. Abrams: On this particular issue, no. Vice Chairman Plummer: All right. Commissioner Regalado: Got a question. Vice Chairman Plummer: Commissioners have questions. Mr. Regalado. Commissioner Regalado: Do we have an office of INS (Immigration and Naturalization Services) and Customs in Bayside? Mr. Bogner: I'm sorry, sir? Commissioner Regalado: Do we have a Customs and INS office in Bayside? Vice Chairman Plummer: Who are you? Mr. Bogner: I'm Stephen Bogner. I'm Marina's Manager for the City. Currently, Customs works downtown. If a vessel comes into Miamarina from a foreign destination, they call Customs on an eight 30 July 21, 1998 hundred number and a Customs' agent comes to the Marina. It is currently a clearing facility for clearing customs. Commissioner Regalado: But if they don't call? Mr. Bogner: They're obligated, by law, to call, sir. Vice Chairman Plummer: They also do profiles, don't they? They used to do profiles where you didn't ... all right. Commissioner Regalado: Is it common to make contact with foreign vessels in Miamarina? Mr. Bogner: Many vessels come back to the states from Bahamas and the Caribbean to Miamarina and will, then, call Customs to have an inspector come down. Vice Chairman Plummer: Mr. Sanchez? Commissioner Sanchez: Yes. I just have a couple of questions and one statement. One is, what is the current rate of vacancy there at the Marina? Mr. Bogner: Hang on one second. Out of the 130 slips at Miamarina, which are a combination of pleasure and commercial slips, we currently have 39 licenses to occupy those slips. That's approximately, I believe, 30 percent of the Marina is occupied right now. Vice Chairman Plummer: How many, take away the commercial which are the charter boats, then what do you have in the actual new Marina? Mr. Bogner: Out of 87 pleasure slips, we have, I believe, to be 18, which is just 20 percent, thereabouts. Vice Chairman Plummer: OK. Any further questions by Commission? Commissioner Sanchez: I have further questions. Commissioner Regalado: Yeah, I have another question too. Vice Chairman Plummer: All right. Mr. Regalado. Commissioner Regalado: I just want to understand something. You're denying him the slip because he's late on payments or because you don't want his kind of vessels there? Ms. Abrams: OK. Both. Mr. Warshaw: I'd like to answer that, Commissioner. It's basically, it's both. I don't think the issue is necessarily denial totally for a slip if the payment issue can be resolved. It's this particular slip that sits on the bay wall, that's obviously very desirable, and I'd be more than happy to share with the Commission what the plan is, economically, to try to build that bay wall with a series of vessels to make the tourist trade and for our residents in Bayside more multi -purpose as opposed to another pleasure vessel. So, I think Mr ... I don't want to speak for Mr. Dudik, but I think he's really here on that particular slip. Because I met with him yesterday. Slip two, slip three on the wall. I don't... Vice Chairman Plummer: Mr. Manager? 31 July 21, 1998 Mr. Warshaw: ...think are acceptable to him. He just wants that one. Vice Chairman Plummer: Mr. Manager, you could have answered both. Quit editorializing. Next question. Mr. Sanchez. Commissioner Sanchez: All that I ask is, you know, there be a standardization in the applying of the dockage space and stuff like that. I understand that Mr. Dudik has acted in good faith in meeting all the requirements, although he has been late paying a fee. I'll tell you the other thing we want to get is, there is no policy. You just can't come up today and say, we're starting a policy today. Because, if you do that, then you have to give him the opportunity... Ms. Abrams: There is a policy. The mooring dockage agreement, which he signed, requires that he pay on a 30-day basis. If not, it gives the City the right to evict immediately. Now, in the past, the City has been lax in collecting payments and it is something that we have been trying to improve in the last six months and that's why there was an item on the Consent Agenda to retain a collection agency. The point... Vice Chairman Plummer: You know how you avoid that? They pay 30 days in advance. Ms. Abrams: They do. Vice Chairman Plummer: OK. And if they don't pay the 30 days in advance, they know they've got 30 days to bye bye. Any other questions? Mr. Teele. Commissioner Teele: Miss Abrams, let me commend you and your department for your efforts to bring about some stability. I remember, as a citizen, reading about a restuarant not too far from here that owed the City for five months or something, you know, in millions of dollars and were late. And my concern is, number one, the same as Commissioner Sanchez, I commend you but I don't think that the Department unilaterally can begin a rule and a process without providing notice and, you know, it's sort of like you got the start somewhere but the way you start is by publishing an administrative order or a rule or a notice or something, otherwise it begins to look punitive and personal. Now, my question is this, of the City Attorney, did you all review this action and ... who's the City Attorney assigned to this and does this rule applies citywide? I mean, I ... it's fine to talk about marinas but we operate a lot more than marinas here. Is this something that's being coordinated with Asset Management, as well as ... I mean, you know, because this is one city, OK? And we cannot afford to have departments operating inconsistent with each other. Is this a policy now that we're adopting citywide as it relates to all of our ... or is this only related to the marina, Mr. Attorney? Mr. Vilarello: You would have to ask the Manager whether or not he's instituted a Citywide policy. With regard to this particular item, it's simply a denial of a particular slip by the administrator of marinas. It's certainly clearly within the discretion of the City. Commissioner Teele: Let me ask you the question again. Who is the City Attorney responsible for advising this department and was this action taken in consultation with the Legal Department? Mr. Vilarello: I have several assistant City Attorneys that deal with this particular issue. I don't know who Miss Abrams spoke with on this particular matter. Commissioner Teele: Miss Abrams, did this ... was this matter... 32 July 21, 1998 Ms. Abrams: Commissioner, in the code... Commissioner Teele: Miss. Abrams, I'm not interested in the code. I want to know one question, please. Who was the City Attorney that advised you in this and was this action that denies, this action that I have the notice of default and the denial, was it taken in consultation with the City Attorney's Office? Ms. Abrams: Warren Bidner, yes. Commissioner Teele: And it was taken in consultation with his office? Ms. Abrams: Yes. Vice Chairman Plummer: Any further questions? Mr. Dudik, I'll give you two minutes for rebuttal, sir. Mr. Don Holcomb: Commissioners, I'd like to have a chance, real quick, to address the Commission. Vice Chairman Plummer: Who are you, sir, and why are you involved in this question? Mr. Holcomb: My name is Don Holcomb. I've been a resident in Miami since 1967. I am the Hospitality Director for A -Biscayne Cruise Line. Vice Chairman Plummer: That's fine, sir. Now, after Mr. Dudik has his two minutes of rebuttal, we'll possibly give you two minutes to speak. Mr. Holcomb: Thank you, Mr. Commissioner. Mr. Dudik: Two minutes rebuttal, real quick. Letter, June 18, 1998, paragraph two, dockage fees in the amount 1332 and late fees in the amount of sixty-six dollars ($66.00) aren't paid for the month of March, 1998. Late fees in the amount of sixty-six dollars ($66.00) are due for the month of June. Yes, I owe some money. However, I owe no money to this City of Miami. We are paid current and have been, but that's not the issue here. The issue is very simple. We applied according to the City Code. We applied and got every single permit, per the City Code. We were approved by the City of Miami, issued a Certificate of Conveyance and given a written dockage agreement, even though as bad as I am, at Dinner Key Marina. However, when we tried to attempt to get over to a commercial location that we've been ... that would make the boat more successful to keep it here in the City, we are told no. We are giving it to a foreign vessel, for a gentleman that does not live in the City, does not operate in the City and the boat's from Kingston, Jamaica. I mean, like, "hello, world." We got to support the City and I hear that a lot around here. Now, we're going out of the country to give somebody an operation? You know, I think something is definitely wrong and we are not on the issue of how many times he was late. We're on the issue of why can't the only two boats that applied for a slip, by the legal ways, according to City Code, the only two, Floridian Hospitality Cruises and A -Biscayne Cruise Line, are denied and given to a foreign vessel. And if you look back in your package, gentlemen, you will see that contract was signed July 15th and rammed through for a commercial foreign vessel. That is the problem. Vice Chairman Plummer: Thank you, Mr. Dudik. Sir, how are you involved in this matter? Mr. Holcomb: Yes, Mr. Commissioner. I am the Hospitality Director for A -Biscayne Cruise Line. Mr. Massa is out of town. Vice Chairman Plummer: And who is Biscayne Cruise Lines? 33 July 21, 1998 Mr. Holcomb: That was the second ... Mr. Dudik just mentioned. We also applied for that slip. In fact, we submitted... Miss Massa... Vice Chairman Plummer: Are you the Jamaican vessel? Mr. Holcomb: No, sir. Vice Chairman Plummer: OK. Sir, I'm going to give you two minutes. I still don't know how you figure in this picture, but I'm going to give you two minutes, then maybe I can figure out how you're involved. Mr. Holcomb: Thank you, Mr. Commissioner. I will try to resolve that. Again, I am the Hospitality Director. In 1993, Miss Massa submitted an application to obtain a slip in Miamarina to operate an upscaled dinner cruise boat. It appeared that the marina had a high vacancy rate, but we were never given a viable slip. Six months ago, when the Miami Queen vacated their docks, we again attempted to secure the dock. We were told to be considered, we must submit a Certificate of Public Conveyance, which we complied to, which I do have a handout. You have the information. We received a letter with the decision to bring in a vessel that has not submitted the paperwork and none of the other vessels that were being considered. The only two that did submit... Vice Chairman Plummer: Stop. Is that a true statement? Ms. Abrams: No. Vice Chairman Plummer: Because it's a true statement being made by two people, not one, and I have the documentation here in front of me that, in fact, says that it is a true statement. So, go ahead now. I'm sorry to interrupt you. Ms. Abrams: Would you like me to respond to that? You want me to clarify that point? Vice Chairman Plummer: Let's let him finish and, then, we will. Mr. Holcomb: Thank you. Vice Chairman Plummer: I should have not interrupted. Mr. Holcomb: We were told, to even be considered, that we must complete the Certificate of Public Conveyance. The vessel that was awarded the slip...again, Mr. Dudik has said ... is a foreign vessel. I am not a lawyer but, as my understanding, that would fall under port authority, which any vessel over seven foot draft does fall under port authority. Mr. Dudik did mention some of the things. I'll mention a few more. They can hire non US citizens. Their provisions on liquors are not subject to a full license review. They can purchase tax exempt. They cannot promote the bay or the coastal waters of Miami. They must go offshore to be legal. And they're exempt from most taxes. All A -Biscayne Cruise Line wants to do, we want a level playing field. We want to hire Miami residents. We want to be a good business neighbor. We want to be a good neighbor to our Miami vendors and do what we do best, which is promote the beautiful City of Miami. And I, respectfully, ask that you look into this because I feel it's very unjust. Thank you. Vice Chairman Plummer: All right. Christina. Ms. Abrams: Thank you. 34 July 21, 1998 Vice Chairman Plummer: I want to wrap this up. We're spending a lot of time here. This should have been taken care of a lot more than what it has been today. Ms. Abrams: OK. The issue about for foreign flag vessel. There is a vessel that wants a dock there, that does have a foreign flag and ... but they are not docked there currently. And, in order for them to dock there ... there is an item on the agenda, which is Item 18, that we're prepared to discuss. Until that time, they will not dock there. I think the two primary issues that are raised by the two parties is that they obtained a Certificate of Public Convenience and Necessity and were not given dockage of this one slip. Let me clarify something. Because someone obtains an Issue of Convenience and Public Necessity, it doesn't mean that they have the right to dock there. It just means that they have obtained a certificate for which they can dock there. In the case of these ... of both parties, Mr. Essi... Messo... I'm sorry. I forgot the name, but the lady who he referred to. She was offered a slip. It was a little bit further north than the slip that she currently wants. That particular slip, that they're both contending for, is ICW-1. It's one slip. As you made the point, the Marina is open. There's a lot of availability. They're welcome to go on other locations, but we do have a business plan for that sea wall and I'm prepared to discuss Item 18, what is on the agenda, or I can discuss it now. Vice Chairman Plummer: All right. Members of Commission? Mr. Dudik: Well, can I say one quick thing? Commissioner Regalado: I think that... Vice Chairman Plummer: Thirty seconds. Mr. Dudik: I would ... being that Terry Massa's application has been in since 1993, and the response she got was, "we're refunding your money back. We're not giving you a location." Should it come down to the two boats, I would bow out to her. Vice Chairman Plummer: OK. Mr. Boom -Boom? Mr. Manuel Gonzalez Goenaga: Thirty seconds. The real issue here is that these honorable people didn't get the right lobbyist and or influenced peddler. Because we have had this monkey business for so many years --and Mr. Plummer, he admits, and that's a true statement, that he has been here for 28 years. And we are talking about menial things. Thank you very much. I hope you got the message. Vice Chairman Plummer: So nice to see you. Leave the chambers. Members of the Commission, I'm closing the public hearing. Commissioner Regalado: OK. So, we are told that they follow the code; that they met the requirements; that they compete according to the rules and, because the administration has another idea, which I don't know if it's long term or short term, he was denied the slip. We are told that he is being punished because he's late. Well, I wonder if he would be given the slip and if it's late, he will be just evicted. I don't see how are we going to do this? So, from now on, if anybody who has a boat in the City of Miami, has been late, he or she is going to be evicted? Is that the criteria? Ms. Abrams: No, he could have. He has ... I'm sorry. The Manager asked me a question. I didn't hear your entire comment, but he currently has a slip inside the basin of Miamarina. 35 July 21, 1998 Commissioner Regalado: No. I'm talking about the new slips. But I think ... you know, you going ... are you going to like deny every slip to anybody who's late? Ms. Abrams: Who has a history of late payments, until they show a history of being prompt. Commissioner Regalado: Like Commissioner Teele said, so, we're going to have to evict like everyone here in the City of Miami? Because ... I mean, you know... Vice Chairman Plummer: All right. Where are we? Commissioner Regalado: I would move... Vice Chairman Plummer: Need a motion. Commissioner Regalado: OK. I would move that the administration will talk to Mr. Dudik. If he has followed the rules, then he should be given that slip. And with the provision that ... the policy is, you're late one day, you're out. Vice Chairman Plummer: All right. There's a motion on the floor. Is there second? Commissioner Sanchez: I would add more provisions to that. Vice Chairman Plummer: Excuse me. Is there a second? There is a motion. Is there a second, for the second time? Commissioner Sanchez: Second. Vice Chairman Plummer: There is a second. Now open for discussion. Commission Sanchez. Commissioner Sanchez: Discussion. One is, Mr. Dudik, you will pay your dock fees on time. Two is, you will clean up your operation in a way as to the trash and stuff that I saw in the pictures and also your vessel may need some painting and touch ups. But I will go along with you. But you must do those things. And make sure that you pay your dock fee on time. Vice Chairman Plummer: In advance. OK. Further discussion? Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Under discussion. Commissioner Teele: Mr. Chairman, I didn't second the motion, although Commissioner Sanchez did. Although I'm very sympathetic to the gentleman. First, I fundamentally believe that there has to be due process. There has to be an element of fairness. And I come out of a country where, were it not for due process, blacks in this country would not be at the table trying to get equal treatment in this country. Due process is fundamental to what minorities hold sacred. African Americans hold sacred. Fourteenth Amendment was ... is the equal protection due process. So this thing just sort of shocks me. I want to support the administration, but the way governments are dealing with this in a creative way, Mr. Manager, Mr. Attorney, is having an administrative hearing and an administrative hearing officer. I heard the City 36 July 21, 1998 Attorney say that the Manager has discretion, which, obviously, means the Commission has discretion. I don't necessarily agree that there is that much discretion when we have rules that are silent, OK, that are silent as to this discretion that everybody is imposing. I don't think that it is inherent that the Management has the authority to say, unilaterally, because someone is late, they can't get this. On the other hand, I believe that, if you had a master plan, if the master plan had been presented to this Commission in a public hearing or if there were a public forum whereby the master plan had been presented, the Manager would be within his sound discretion to say this boat fails to meet our master plan objective. You remember when one of the Commissioners asked you the question and Commissioner Plummer tried to help you out by saying, say both. Because the truth of the matter is ... we're looking almost as a quasi judicial. This is an administrative review of your discretion. We're in, we're sitting now in an administrative review of your discretion. I'm not comfortable because I want to know that every citizen, every petitioner, whether they be a citizen of Miami or someone that is interacting with the City of Miami, is going to be treated fairly, and that they have certain levels of due process by which we can all rely upon. In my judgment, the person who applied first, that meets the overall master plan requirements should have the dockage, assuming the economic issues are relatively the same. Now, apparently, everybody knows but let's ... let me understand. What is the economic issue here? Ms. Abrams: Thank you, Commissioner. It was my fault. I didn't bring up... Commissioner Teele: Well, I mean, nobody's talking about money. I mean, this is really ... for a city that's broke, we really should be trying to understand the economics here. Are each of these three applicants going to pay the same thing? Ms. Abrams: Two. No. The economic plan that we have, we were going to bring up in Item 18 because there's a companion ordinance. But if it's related to this issue, what is being distributed to you is the economic plan for the outside sea wall. The businesses and the vessels being proposed, none of them are sightseeing vessels. Because right now, we have eight sightseeing vessels inside the basin. What we are proposing is to add a variety of different types of businesses that include para sailing and scuba diving. Commissioner Teele: Miss. Abrams, I understand. Listen, just answer my question, then you can tell me anything ... you know, but I have a very limited ability to absorb all this. This is your business. You know it and I respect you. You, obviously, are very well prepared. But help me by just answering my question. What is the economic consideration to the City of Miami monthly or annually, based upon this gentleman, the other gentleman and the person who got the letter? Ms. Abrams: OK. There's only two vessels, so ... and both of them want the same slip, so you're talking about one revenue source of approximately thirteen hundred dollars ($1300.00) a month? OK. Commissioner Teele: In other words, this gentleman was going to pay thirteen hundred dollars ($1300.00) a month? The gentleman that you all ... the Kingston, Jamaica, which I don't have a problem, by the way, with. Are both from Kingston, Jamaica or Nassau or Key West. I mean, to me, money is money and... Vice Chairman Plummer: And your wife is from Jamaica. Commissioner Teele: Well, you know, to all the Jamaicans, I'm sure she would be flattered but she's Bahamian and the Bahamians make a very big distinction between Jamaica, as Jamaicans do for Bahamians. And you being a third generation Bahamian should know the different. Vice Chairman Plummer: That's the truth. 37 July 21, 1998 Ms. Abrams: Commissioner, in response. This business plan is subject to your ... to the City Commission approving ordinance number 18, scheduled later on the agenda. Vice Chairman Plummer: Item 18. Commissioner Teele: Ma'am, how much money is the Kingston, Jamaica... Ms. Abrams: Sixty-eight thousand dollars ($68,000.00) a year, the economic can plan that we have. Commissioner Teele: How much money, monthly? He said he's going to pay thirteen hundred dollars ($1300.00) a month, is his proposal. How much is the Kingston, Jamaica boat going to pay? Ms. Abrams: Fourteen hundred and eighty-five a month, but it compliments the other business mix that we propose for the sea wall for a total of five thousand six hundred and eighty-five dollars ($5,685.00) a month. Commissioner Teele: So his boat, the one that you've given the letter to, is paying 1485 and he's proposing to pay thirteen hundred? Ms. Abrams: Right, will pay fourteen eighty-five. They're not docked there yet, without you're approval. Vice Chairman Plummer: OK. Mr. Gort? Public hearing is closed. Commissioner Gort: The problem that I had is, I think, like the Commission was stating before, we need to set up criteria and a standard that we can go by to, if anything happens ... and I know Mr. Dudik has been here before and we've been in court. That, if we had to go to court, we can win our case if we follow procedures. I think it's very important what Commissioner Teele was stating before. I'd like for the Marina to come back with a proposal. How they are going to go about ... if they're going to go up highest bid? On certain standards, you got to create standards so everybody know what the rules of the games are. We need to do that. At this time, I will also ask the gentleman, you've been here, before. At one time we wanted to give you the outside but you wanted to go inside. My understanding, you had to build the pier or whatever you call ... the dock because you wanted that specific spot that when you wanted to go into. Vice Chairman Plummer: All right. Commissioner Gort: I might be wrong but I recall, you wanted to be on the outside and they wanted to give you the outside slip but you didn't want it and, then, you come back in. And I'm going on memory, so I might be wrong. What I'm saying is... Vice Chairman Plummer: All right. Commissioner Gort: ...you've got to get your act together and we do have to create standards where everybody understands the rules of the game. Vice Chairman Plummer: All right. The ruling of the chair, everybody have a seat. We're going to discuss Item 18 when we get to it and then, afterwards, we'll be back to this item for discussion, so I'm, as a ruling of the Chair... Commissioner Teele: Mr. Chair? Vice Chairman Plummer: Mr. Teele. 38 July 21, 1998 Commissioner Teele: I agree with that ruling. Let me tell you what I would rather see. I'd rather see us not to approve the resolution that is on the floor right now, but to vacate... Vice Chairman Plummer: I'm tabling it. Commissioner Teele: But to vacate ... to move to vacate your decision awarding this ... because you all are awarding this on... he said on July 15th. You did not... Ms. Abrams: No ... yes, we haven't ... we have plans to do this, provide the City Commission approve an ordinance. Commissioner Teele: Did you send a letter on July 15th awarding... Ms. Abrams: It could be. I don't know the exact date, but we did send a letter to the perspective tenant, telling him, yes, he was awarded. Commissioner Teele: The other tenant? Ms. Abrams: Yes. Commissioner Teele: See, what bothers me, gentlemen, Mr. Attorney, I don't want to get into a lawsuit. You know, we've got a ... I support what Commissioner Regalado wants to do here, the motion, but that doesn't give deference to the fact that the management has sent a letter, which is, to another person, giving them this. What I would rather see is to ... us to move right now to vacate that letter; to instruct you all to have a workshop, a public hearing workshop, and present your master plan and to come back to us ... Item 18. And to come back to us in the first meeting in September... Vice Chairman Plummer: The floor is always open. Mr. Teele. Commissioner Teele: OK. If Commissioner Regalado will withdraw his motion... Vice Chairman Plummer: He has withdrawn his motion. Commissioner Teele: I would move that we instruct the Manager to vacate the letter that has been sent, awarding this before any damage can be done, before anybody can make any moves and say "I moved my boat from Kingston, now, I need this and that." To hold a public workshop, noticed in the paper, on the master plan as relates to 18, Item Number 18, and to submit to us a revised master plan and recommendation for the slip based upon the workshop and the public process. Vice Chairman Plummer: Is there a second? Commissioner Regalado: I will second that. Vice Chairman Plummer: Is there a second? Commissioner Regalado: I will second that motion. Vice Chairman Plummer: OK. All in favor, say "aye." Any opposition? We'll see you on September the 8th. 39 July 21, 1998 Mr. Dudik: Does this include 18? Commissioner Teele: Yes. Vice Chairman Plummer: This will be item ... your item and 18 in the workshop and come back on the 8th of September. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-749 A MOTION INSTRUCTING THE CITY MANAGER TO VACATE LETTER PREVIOUSLY SENT AWARDING DOCKAGE OF A VESSEL (AQUA AZUR) AT MIAMARINA SLIP ALONG THE INTRACOASTAL WATERWAY ADJACENT TO THE HARD ROCK CAFE; FURTHER INSTRUCTING THE ADMINISTRATION TO HAVE A PUBLIC HEARING WORKSHOP TO PRESENT A PLAN FOR THE OUTSIDE QUAY WALL OF SAID MARINA, AS MORE FULLY OUTLINED IN AGENDA ITEM 18 (PROPOSED FIRST READING ORDINANCE AMENDMENT TO CODE RELATED TO "SHIPS; VESSELS, AND WATERWAYS"); FURTHER DIRECTING THE ADMINISTRATION TO COME BACK BEFORE THE COMMISSION ON SEPTEMBER 8, 1998 WITH A REVISED PLAN AND RECOMMENDATION FOR THE AFOREMENTIONED MARINA SLIP BASED UPON THE WORKSHOP AND THE PUBLIC PROCESS. (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. 40 July 21, 1998 6. PERSONAL APPEARANCE: DAVID PLATTNER CONCERNING MIAMI WINTER SPORTS COMPLEX THAT INCLUDES INDOOR SKY FACILITY AT BICENTENNIAL PARK - DIRECT CITY MANAGER TO REVIEW SAID PROPOSAL AND RETURN TO COMMISSION WITH RECOMMENDATIONS - FURTHER DIRECTING CITY ATTORNEY TO DRAFT LEGISLATION REQUIRING A REFERENDUM WHENEVER DEVELOPMENT IS PROPOSED IN CITY PARKS. Vice Chairman Plummer: Item Number 8. Item Number 8. Commissioner Regalado: We did that. Vice Chairman Plummer: Mr. David Plattner. I'm sorry, Item Number 9. I stand corrected. Mr. Plattner? Commissioner Gort: Item 9. Vice Chairman Plummer: For the record, sir, if you'll state your name and proceed. You have five minutes. Mr. David Plattner: I just want to hook up the...my name is David Plattner. I'm with Original Ventures and I'm here with my partner, Bill Freedman, with National Income Realty Trust. We're here to talk about a flexibility of putting a proposal at Bicentennial Park. Commissioner Gort: By the way, I want you to understand, this guy here taking pictures has got special privilege. That's my dad. He's 88 years old and he's still working. Mr. Plattner: Should I start? Commissioner Gort: Go right ahead. Mr. Plattner: Thank you. The new design that we have for Bicentennial Park includes a winter ... where is the ... we are proposing, for consideration, a Miami Winter Sports Complex, which includes many activities that include indoor snow skiing, snow boarding and a variety of interactive sports that would be connected to the Miami Heat Arena and Bayside, so it opens up the water front. We would have a hotel component attached to it and it would have a variety of different nightclubs, restaurants, even a Latino music museum. It would have winter sports, including ice skating and a whole variety of winter sports that also have, between the two slopes, even hang gliding. The park, as designed, we had a number of different flexibility issues because this is only in discussion today. We're not looking for any conclusion today to be drawn from the Commission. We're simply introducing the thought of opening this park up for a Request For Proposal and we're looking to do that with --we're starting, categorically, by saying that we have our financing to proceed. We're not looking for the City for any capital and we have done a number of series of plans, which we'd like to show to you now. Did you get the book out there? Vice Chairman Plummer: Yes, I have it. Thank you. Mr. Plattner: OK. There's a number of items there that discuss why we have chosen Bicentennial Park. Why we have chosen Miami. Why we have...who we are and there's a great deal of information behind that. The park, itself ...we've designed Scheme "A," "B" and "C." You'll see here that in Scheme "A" there's a ... the AKA...Mount Miami is the name of the project... would be from Biscayne Boulevard, have a glass enclosure, which you'll be able to see the water. It has outdoor kayaking and we've even included the nature of having a baseball park should it be decided later on, after the conclusion of who buys the arena. We've 41 July 21, 1998 expressed our interest in understanding how that will lay out financially and we'd be interested to discuss that as well from our behalf. We put just the Mount Miami project here. One, with a baseball park and two, putting it so that it has different angles to it. Further discussion, we'll be able to give you smaller projections on those so you can study them. But the look on the facility itself has quite a dramatic facade. It's primarily all glass and it has 150 foot climbing wall on the outside, so you'll be able to see people actually climbing a mountain in the inside. It has, additionally, it has facade unit that ... facade on the outside that you could see, that has a hotel built in, and at least twenty-five hundred cars in parking built into the building. You'll see, additionally, the, we believe it to be an elegant structure, non -controversial. It compliments the Miami Heat arena in its look and these renderings depict that. Do we still have the Commission here? Commissioner Gort: Yes, they're here. Vice Chairman Plummer: I do apologize, sir. I apologize. And you're entitled to that. I was trying to get a matter resolved. And, sir, if you'll wait two minutes... Mr. Plattner: Sure. Vice Chairman Plummer: ...we'll get you the other people present. While we're waiting for the other two people, tell me ... you know, I don't want this thing to end right here, today. So, tell me where you would like to see this go from today because, normally --and I think it's only right that what we should be doing today is to turn this matter over to the Manager; let him do all the exploration. Let you know what the rules are. By your visit with me yesterday, you were aware of most of the rules about waterfront property in the City of Miami, the Carollo amendment. But I would like to see this matter turned over to the Manager, who would have the opportunity of 60 days, or whatever it takes for him, to come back to this Commission and say, "Gentlemen, the man doesn't know what he's talking about. Forget it. Amen. Gentlemen, the man has some good ideas. I think we should pursue this." And that's the way I would like to handle it, once we have concluded here, today. You now have three members. And Mr. Gort. Commissioner Gort: I'd like to tell you, when I first read about this ... when I first was told about this, and I told you three months ago, I thought it was crazy. After you made the presentation, I looked at some of the films and I thought it's a possibility and I've stated before, the largest skiing club in the nation is right here in Miami. I mean, skiing on snow. So, I agree with the Commission. I told you from the beginning, this you have to go through Law Department, legally. I don't know how we can go about this. If we like the project, at the same time, if it makes sense, the combination of the stadium and this, we have to see what's best for the City of Miami. I think it's a beautiful project, if it's feasible and if you can afford it. Vice Chairman Plummer: But I still think he's crazy, and that comes from a boy that was 46 years of age before I ever saw snow. But, sir, is there any of the Commissioners you haven't met with? Mr. Plattner: Mr. Teele, I never met with him. Vice Chairman Plummer: He's not here, now. You know, I really don't need to go through this process. Now, I'm going to afford you the opportunity that any man that wants to come here with three hundred million dollars ($300,000,000.00) and spend it in my community, I want to give all the time you need. But I think that, I think the process we need to pursue is to turn this matter over to the Manager and ask him to report back within 60 days and give us his opinion of what we should or should not, what we can or cannot do. And so, I would ask you, at this particular time, to wrap up because those will be the Chair's instruction to the Manager. 42 July 21, 1998 Mr. Plattner: Being that you haven't met my partner and he flew in directly for this just to say hello, as well. This is Bill Freedman, Chairman of National Income Realty Trust, which is a reid with fifteen thousand apartments, many of which are in the southern... South Florida area. And we ... I just wanted to get an opportunity, if you did have any questions... and the only thing that I respectfully ask is that, if there's any input that could move the thing along, I would direct that to W. Warshaw, that I can have his ... move the pace so that I can come to that conclusion. Obviously, we understand the process. I have been looking at properties down here for 10 months and, respectfully, we're not looking for an overnight conclusion, but we have put in a lot of time and now money and we're here with an open pallet and we'd like to discuss that as moving right along, as quickly as we can. Vice Chairman Plummer: All right. Commissioner Gort: I think the message you are being given here, today to —we would be more than glad to listen to your partner, but I think the message you are being given is here, today we like the idea. We like the concept, and that's why we're instructing you to get together with the Manager to see how it can be accomplished. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I also know about the project. Mr. Plattner came and explained it to me. And I think what you said is the right thing, but I do like for the Manager to give us, before the first meeting in September, some of his ideas on the area. I do also understand... and I quite ... well, I'm quite sure that you told me that a stadium, baseball stadium, will be also one of the possibilities in that area and that your company will consider that possibility too. Is that a correct statement? Vice Chairman Plummer: He's smarter than you are. Mr. Plattner: He's just saying, I should address it. Yes, that is correct. We would like to look at what the opportunity would be, if a park is considered there. We also understand the dynamics of waterfront planning as it relates to density issues, but this is something where the park ... the whole waterfront has been opened up, via the Miami Heat, and we would like to keep as much of the integrity of the park as possible but, from a financing issue, we would entertain the financing and co -financing or look at the opportunity as well of the ballpark stadium. So, we put it in our plan. Vice Chairman Plummer: All right. Mr. Gort. Commissioner Gort: Just one more. The outboard, hopefully, God willing, will be expanded, and the only way they can expand is the Bicentennial, so I hope you take that into consideration in your plans. Mr. Plattner: I did meet with Commissioner Morales yesterday concerning the County and their interest in that and being that this really only takes nine acres, including 2500 car parking inside of the building, remembering that the ramp has the ability to have parking inside underneath the ramp, we ... this could accommodate that as well. Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I welcome the project to this City. I think it's a great idea. I think it's going to help us generate a lot of tourist back in, especially with the Parrot Jungle across the street, across the bridge. But one thing that I'm concerned with. I would like to see more green space surround the property, which I could see in the plans. One thing that I do ask, is that we be careful how ... if we were to do it, be careful that 43 July 21, 1998 we make sure that we don't even touch the issue of environment in the bay and stuff like that. But the project is great. I mean, you can come to Miami, go swimming one more morning and ski and then, Mr. Plummer, I would like for you to be the first to hang glide. No? Vice Chairman Plummer: Yeah, right. Don't hold your breath. Mr. Teele. Commissioner Teele: Mr. Chairman, I think this is a creative and an innovative concept and it really does have, I think, some real appeal in terms of going ... in terms of the skiing or snowing in Miami and I'm sure it will make the front pages of every newspaper in South America, Central America... Vice Chairman Plummer: In the world. Commissioner Teele: In the world. But let me just say this. I am unalterably opposed to any development in anymore parks of this magnitude, particularly Bicentennial, without a resolution ... a referendum of the citizens of this community. I think, you know, we have really cheated the future residents, the ones that are unborn in this City. With development, I held my nose and voted for the arena and said so and said that I would not vote for anymore development in parks, unless there is a referendum beforehand. I would be more than happy, Commissioner, to support moving forward with a referendum of the citizens as to whether or not a project like this should go forward, but I really do think that this Commission should not make statements ... I mean, everybody's free ... every Commissioner is free to make statements, but the Commission itself should not make a statement in support of this project because of what it represents in terms of the removal of precious green space and parks from the use of future generations, yet unborn, in this city. And I just think that we're moving a little too fast in terms of selling off land for our financial emergency. The arena, the American Airline Arena is here and I think, you know, it's taken us a hundred years to develop that track and we'd be doing well if we come back in a hundred years and consider something like this, unless the citizens are clearly in support of it. But I think we need to be very careful that we don't create a sense that the City Commission is supporting this. Obviously, each Commissioner is free to do what they'd like to do, but I do think this would require referendum, ultimately. Is that correct, Mr. Attorney? Mr. Vilarello: Waterfront property, yes. Commissioner Teele: And I think, you know, we need to put that clearly, out there on the record, all of our comments, all of our views should be predicated on the fact that there would be a referendum required and I, for one, would like to say that I think we should move forward expeditiously on a timetable. Mr. Vilarello: Commissioner, I'm sorry. I misspoke. If we do receive three bids on the particular item, it does not require referendum. I apologize. Commissioner Teele: I would like to be on record as saying, if we receive 10 bids or any number, that the citizens --this is land that is very precious and it's the last major waterfront track. And, again, I'm not opposed to this. I don't want you take my comments as being opposed to it. But I really do think that we need to signal, I would like to signal you and my colleagues, that I really believe that we need to move very slowly as we move forward on waterfront development. Particularly, since this is about the eighth proposal that I've seen since the last election on this track of land, there seems to be an almost hysteria within certain circles about developing this last track of land and I think we need to be very clear that we're going to send this to a referendum. And, at the appropriate time, Mr. Chairman, Mr. Attorney, I would like for us to put a resolution forward resolving that any development of this track would be subject to a resolution. Now, obviously we could waive that or withdraw it, but I think we need to know where we are. Thank you, Mr. Chairman. 44 July 21, 1998 Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Without a doubt, I've argued very strongly on the parks side. I'm one that wants to preserve all the parks. Now, the baseball stadium, is that in the bottom part right there? Mr. Plattner: Yes. We did three schemes. Of course, this is purely preliminary. Purely looking at things. But the bottom line is that, if you look on this ... with just the winter ... Miami Winter Sports Complex, it leaves about, approximately, 28 acres of it. Commissioner Sanchez: Exactly... without... Mr. Plattner: Without anything, it's 28 acres, self -included, with parking Commissioner Sanchez: It still leaves a lot of park. That park right now, nobody uses it. It is a reference for homeless people. That would attract people to the park, making it safer with an environment that people would participate in. That's what we need to do in downtown. And it's just my opinion as a Commissioner. Vice Chairman Plummer: All right. Gentlemen, we're running out of time. Mr. Plattner: OK. Thank you so much. If there's any other questions... Vice Chairman Plummer: The Chairman ... the Vice Chairman has the right to add his two cents. Sir, I look at this as the potential of another signature for this community that is vitally needed. We're doing the Parrot Jungle on Watson Island, which we need desperately. We are doing, hopefully redoing, the Seaquarium, which we need desperately. This would be another reason for those twenty-four million people, who came from the north, south into Florida, who did not go beyond Orlando or Daytona Beach to come to this community. I'm not saying that this is a project we've got to have but it's this kind of signature product that, as the Mayor of Orlando told me, Plummer, don't fight with Disney World. Do something else. And he was right. Sir, I'm going to send this over to the Manager. I asked the Manager to come back in September, if possible, but no later than the first meeting of October. OK? And to your man who doesn't want to speak, the vocal one there, that's a hell of a way to write off a trip to Florida but even the sun isn't out, sir. 7. PERSONAL APPEARANCE: CHARLES FLOWERS, PRESIDENT OF THE OVERTOWN ADVISORY BOARD CONCERNING SUGGESTIONS FOR DEVELOPMENT AT THE HISTORIC OVERTOWN BUSINESS CORRIDOR. — FURTHER REFERRING RECOMMENDATIONS FOR (3`d AVENUE) OVERTOWN BUSINESS CORRIDOR TO CITY MANAGER AND COMMUNITY REDEVELOPMENT AGENCY FOR INCLUSION IN PILOT PROGRAM FOR SAID CORRIDOR. Vice Chairman Plummer: The next item, please, is Mr. Rafael Ochoa of Domino Park and Mr... Commissioner Teele: No, the next one is Mr. Flowers. Vice Chairman Plummer: I'm sorry? Commissioner Gort: Mr. Flowers Vice Chairman Plummer: I'm sorry, Mr. Ochoa, un momentico. I made a mistake. Mr. Flowers? Yes, sir. For the record, your name and your mailing address, please. 45 July 21, 1998 Rev. Leroy Lloyd: Yes. My name is Reverend Leroy Lloyd and my address is 1811 Northwest 4th Court, Miami. Vice Chairman Plummer: Are you representing Reverend Flowers... Mr. Flowers? Rev. Lloyd: I am representing Mr. Flowers. I am the Vice Chair of the Overtown Advisory Board. Vice Chairman Plummer: All right, sir. Proceed. Rev. Lloyd: And, on behalf of Mr. Flowers and the Overtown Advisory Board, I am here to make known that we are in support of the resolution that was passed at the last Commission meeting regarding the Historic Overtown Business Corridor. Vice Chairman Plummer: All right, sir. Anything else? Ms. Dorothy Fields: Dorothy Jenkins Fields, 5337 Northwest 29th Court. I am the chair... chairperson of the newly established Historic Overtown Third Avenue Business Corridor, established May 21 st at a regular meeting of historic ... of the Overtown Advisory Board for the purpose of helping to implement this resolution so that it will not just be an idea but it will come into fruition. We're here, Mr. Vice Chair and all Commissioners, to let you know that this is the redevelopment of 3rd Avenue, that, of course, it was ... have to say it...it was a thriving commercial area and by design and not by our design. It is now in decay but with the lead of Commissioner Teele and the support of the Commission and the citizens, because we're getting many calls. Vice Chairman Plummer: Gentlemen. Thank you. Proceed. Ms. Fields: We're getting many calls at the block archives, from individuals who remember 3rd Avenue as a historic ... as a business corridor, who want to be involved in the process and who are well wishers and who have information that they could give us. And so I'm certain ... I'm here to say that the Overtown Advisory Board supports this wholeheartedly and we want the Commission to know, if there's anything that we can do to help speed this on, please, let us know. We're at your disposal. Vice Chairman Plummer: I only have one question. Did you check with Annie? Ms. Fields: By all means. She's smiling today. Vice Chairman Plummer: Thanks. Overtown come alive. Anything else? Mr. Teele. Commissioner Teele: Mr. Vice Chairman, the boards passed a list of recommendations, which we have not really reviewed, but the resolution of the City contains section two, that the Commission refers the following recommendations regarding the prior to business corridor to the Manager and to the Executive Director of the CRA (Community Redevelopment Agency) for consideration of the Pilot Plan. I would so move as amended. Vice Chairman Plummer: Moved by Commissioner Teele. Seconded by. Commissioner Regalado: Second. 46 July 21, 1998 Vice Chairman Plummer: By Mr. Regalado. Commissioner Teele: That's as amended. As amended. Vice Chairman Plummer: As amended. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO, 98-750 A RESOLUTION REFERRING THE RECOMMENDATIONS OF THE OVERTOWN ADVISORY BOARD REGARDING THE HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR TO THE CITY MANAGER AND THE CRA EXECUTIVE DIRECTOR FOR CONSIDERATION OF INCLUSION IN THE PILOT PROGRAM FOR SAID CORRIDOR. (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. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 8. PERSONAL APPEARANCE: FRANCISCO RIVERO REGARDING "DOMINO PARK" — DIRECT CITY MANAGER TO INVESTIGATE ALLEGATIONS OF HARASSMENT BY PARKS PERSONNEL AT DOMINO PARK — FURTHER DESIGNATING COMMISSIONER SANCHEZ AS COMMISSION DESIGNEE AND MEDIATOR IN SAID MATTER. Vice Chairman Plummer: Next item is Item 11. Mr. Rafael Ochoa. Mr. Rivas, what are you doing here? Mr. Rivas: I'm the executive... Vice Chairman Plummer: All right. Is Mr. Ochoa here? Mr. Rafael Ochoa. Commissioner Regalado: Yeah, he's out. Vice Chairman Plummer: Numero uno. 47 July 21, 1998 Commissioner Regalado: Remember, you said a momentico. Mr. Rivas: Mr. Joe is here. He also doesn't speak English. He has instructed me to address you regarding the Domino Park. Vice Chairman Plummer: All right, sir. Who's going to translate? Christina Cuervo will be the translator. I told you guys to get a professional in here. One of these days you're going to regret not having it. No, a professional translator. One of these days you're going to find yourself in a jam. All right, sir, you have two minutes. Your name and mailing address, please. Mr. Francisco Rivero: My name is Francisco Rivero, R-I-V-E-R-O, and I live at 3645 Southwest 22nd Terrace, Miami, Florida, 33145. Vice Chairman Plummer: And where is Mr. Ochoa? Mr. Rivero: Mr. Ochoa is right here. Vice Chairman Plummer: You're going to speak for him? Mr. Rivero: Yes, sir. Vice Chairman Plummer: All right, sir. Proceed. Mr. Rivero: Well, we are here to address the Commission regarding the Domino Park, which is in a situation and has been practically forever that we cannot tolerate anymore. We are over there, victims of abuse, harassment, lack of total consideration for our rights. So, we held an election over there at the park, a democratic process, open to everybody, with the presence of Commissioner Sanchez and Mr. Pablo Canton. Everybody could propose or elect a delegate or a president or whatever. And we would like for you to recognize, to officially recognize, that delegation or that committee as the legitimate representative of the majority of the Domino Park members. That's our first petition. We want to make it perfectly clear that we don't want to run or manage or take over the Domino Park. That's your function. That's your power. And that's the function of the people and any citizen in which you choose to delegate, but we also want to make perfectly clear that we think that the Domino Park exists for our enjoyment, to go to the place, have a good time, a decent environment, a clean environment, an orderly environment and that hasn't been the case for many, many years. Vice Chairman Plummer: All right, sir. Mr. Sanchez. Commissioner Sanchez: I had the opportunity to meet with the following gentlemen couple of weeks ago pertaining to their disenchantment with the park. However, he made a very clear point now that the park ... there must be rules and regulations at that park. I support your committee. I think you're doing a great deed to the park by having the committee to have a voice, but I want to make it very clear. That park is a traditional park. It is a park built for your enjoyment. Of course, it was built by people in this community. By the people of the community and by some of the people that are very active in the community, like Luis Salines, who has been a major part of implementing that park. One of the key issues here is that Dominos Park is a tourist attraction and, therefore, we must have rules in those parks. You cannot, you know, be there without shoes and show a bad element in that park. However, the park is run by the City and, also, you participate. You make that park what it is because you go there and you play dominos. They were concerned about the tree trimmings that pertained. That was something that we could 48 July 21, 1998 not do anything about. It was something that's done for...I believe, my understanding was, it was done for safety reasons. But what I suggest to you, Mr. Vice Chair, let me sit down and be mediator. See if you we could find a solution to this problem and I'll take on the responsibility. Vice Chairman Plummer: So ordered. We'll ask you to, please come back at the meeting of September... Commissioner Sanchez: I believe he wants... Mr. Rivero: Yes. Now, I want to say something about the trees and the defoliation that took place over there. We have in the park practically experts in every trade that ... we have electrician, plumbers and we have people who know about trees and we don't want to deny that it was possibility of somebody falling and the floor had to be fixed. But know, you go over there and you start trimming, cutting and left and right and Mrs. Robaina over there saying cut here, cut there. And what you have left there... Commissioner Sanchez: I will set up a meeting with your advisory board and I will bring people in the community and we'll sit down ... let's sit down ... offer me the opportunities, as Commissioner for that district, to sit down with you. See if we could come to an understanding, a mutual understanding, to see if we could all find a comparable, compromise agreement on the park. That's ... I ask you ... for you to do that. Vice Chairman Plummer: OK. Sir, excuse me. We have spent as much time on this. If we're going to defer, which it looks like is going to happen... Mr. Rivero: We would... Vice Chairman Plummer: Sir, please. Mr. Rivero: Yes. Vice Chairman Plummer: Commissioner Sanchez. It is in his district. He has asked the matter be deferred, giving him the opportunity to sit with you and with the park people and come back in September with a recommendation to this Commission to adopt. I think the Advisory Board, Mr. Gort and I, think it's a good idea. But I think that Mr. Sanchez, as the Commissioner of the district, should have the opportunity, as he requested. So, at this particular time, I will be deferring it. There will be a meeting called by Commission Sanchez and all parties involved will be invited. We'll look forward to you to be back here in September, sir. Mr. Rivero: Let me say this. We are very disappointed because we have a few other points that we want to present before you and some other people been here 45, 50 minutes and we are told, after two minutes, go home. Commissioner Sanchez: You will have the opportunity. In the next meeting, we'll bring out all the problems that you have. Listen, I want you to be happy in that park. Mr. Rivero: Yeah, the next meeting. We have a situation over there, intimidation, harassment, abuse. Vice Chairman Plummer: All right. Woe, woe. Excuse me, excuse me. Sir, we're not going to settle this matter today. Now, I ask you, as we, the Commission, to respect the request of the Commissioner of the district. And so, at this particular time, sir, this matter will be deferred to Commission Sanchez' calling a meeting and report back to this Commission in September. 49 July 21, 1998 Mr. Angel Rodman: Mr. Plummer? Vice Chairman Plummer: Sir. Mr. Rodman: Would you please give me 30 seconds? Vice Chairman Plummer: I'll be more than happy to give you 30 seconds if you'll give me your name and mailing address. Mr. Rodman: Thank you, Mr. Plummer. My name is Angel P. Rodman. Vice Chairman Plummer: All right, sir. Mr. Rodman: I live at 2278 Southwest 16 Avenue. Vice Chairman Plummer: All right, sir. Mr. Rodman: I have addressed the issue of the park before 1984 when Mr. Ferrer was the Mayor. Vice Chairman Plummer: All right, sir. Mr. Rodman: They closed that park and the City has taken over the park from the public and residents of the area. At the time it was done under the false pretenses. Many businessmen claimed they presented the community. I came here and I proved otherwise. I made them open the park immediately. Since then, a lot of things are done in the park that were requested not to be done, like fencing the park, making it a prison for this elderly people. Vice Chairman Plummer: Sir, you're making comments that are going to be addressed by this Committee. Mr. Rodman: I only have 30 seconds to tell you what I came here to say. The park, right now, is in a position where there's violence developing. The person in charge of the park comes out openly and calls these elderly people sons of SOBs or so and so and she's the one in charge. Vice Chairman Plummer: And if that's the case, she'll be fired, sir. Mr. Rodman: That's what we came here to request, sir. Vice Chairman Plummer: That's fine. Mr. Rodman: Because I have addressed Mr. Rivero twice in his office, Rivas, sat down and spoke to them and gave them this complaint. Vice Chairman Plummer: All right. Mr. Manager. Mr. Rodman: There's too many laws being broken in that part. Several rights and personal abuse to the community. Vice Chairman Plummer: Mr. Manager, if there is, in fact, that you find out, prior to October... September meeting, that this kind of matter is going on, then I will expect you to deal with it appropriately. Mr. Ruder, as Manager of the Parks Department. Mr. Rivas, I ask you, please, that the three parties get together with Commissioner Sanchez and come back to the first meeting in September. 50 July 21, 1998 Mr. Rodmand: Thank you, Mr. Plummer. This gentlemen are requesting immediate removal of that lady. They want her out of there, now. Vice Chairman Plummer: Sir, we don't do business that way. I have asked the Manager to look into the matter. If he finds it, I've asked him to deal with it accordingly. Mr. Rodman: Thank you very much, Mr. Plummer. I'll be back here. Thank you. Vice Chairman Plummer: OK. I don't care whether she's a City employee or not. She's not going to treat public like that, if, in fact, it is a true statement. If it's a bunch ... that's it, OK. Gentlemen, I thank all of you for being here. We look forward to seeing you again and I will be back to play dominos and lose, as I usually do. OK. All right. 9. (A) PERSONAL APPEARANCE: LUCIA A. DOUGHERTY, ESQ. REGARDING THE RITZ CARLTON PLATNACATION OF CORNELIA DRIVE AND ADJACENT STREETS — AUTHORIZE CITY MANAGER TO EXECUTE QUITCLAIM DEEDS CONVEYING RIGHT-OF-WAY PARCELS OF LAND TO GROVE MIAMI HOLDINGS, INC. AND GROVE COMP CO., INC. — FOR PLATTING OF RITZ-CARLTON SUBDIVISION. (B) ACCEPT PLAT: RITZ-CARLTON. Vice Chairman Plummer: Lucia Dougherty on behalf of the Ritz Carlton. Ms. Lucia Dougherty: Good morning, Mr. Chairman, members of the Commission. Lucia Dougherty. Vice Chairman Plummer: Vice Chairman. Ms. Dougherty: Mr. Vice Chairman. Twelve Twenty-one Brickell Avenue. Here, today on behalf of the owners of the property. You passed a major use special permit for this property about a month and a half ago and, as you can see, it does... Vice Chairman Plummer: You recommending it? Is there a motion? Commissioner Teele: Move it. Vice Chairman Plummer: Moved by Teele. Commissioner Regalado: Second. Vice Chairman Plummer: Seconded by Gort. All in favor, say "aye." All opposed? 51 July 21, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-751 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE TWO QUITCLAIM DEEDS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, CONVEYING THREE RIGHT-OF-WAY PARCELS OF LAND FROM THE CITY OF MIAMI TO GROVE MIAMI HOLDINGS, INC. AND GROVE COMP CO., INC., SUBJECT TO CONDITIONS, AND DECLARING THAT THE PARCELS ARE TOO SMALL IN SIZE TO HAVE FAIR MARKET VALUE OR TO BE UTILIZED BY THE CITY OR TO BE DEVELOPED BY ANYONE OTHER THAN THE ABUTTING PROPERTY OWNERS IN CONJUNCTION WITH THE ABUTTING PROPERTIES, AND DECLARING THAT THESE QUIT- CLAIM CONVEYANCES ARE NECESSARY FOR THE PLATTING OF THE SUBDIVISION ENTITLED "RITZ CARLTON." (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. Ms. Dougherty: Mr. Chairman, I also need you to bring the plat out of pocket, which is a companion to this item. Commissioner Teele: So moved. Commissioner Gort: Second. Vice Chairman Plummer: Is there any further discussion? All in favor say "aye." Commissioner Teele: For the record, what's the item number, Mr. Clerk? Ms. Dougherty: Item Number 12. Mr. Foeman: Item Number 12. Vice Chairman Plummer: It's a plat. 52 July 21, 1998 Commissioner Teele: Item Number 12. Mr. Vilarello: Commissioner, can I read that item into the record? Vice Chairman Plummer: Is it an ordinance? Mr. Vilarello: It's a resolution but, just for the record, be clear. Vice Chairman Plummer: If you wish, so do. [AT THIS POINT, THE CITY ATTORNEY READ THE RESOLUTION INTO THE PUBLIC RECORD.] Commissioner Teele: And the Manager supports this action? Vice Chairman Plummer: And Public Works? Mr. Warshaw: Yes, sir. Vice Chairman Plummer: OK. All in favor say "aye." Any opposition? Show unanimous. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-752 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED RITZ CARLTON, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 53 July 21, 1998 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. Ms. Dougherty: Thank you very much. 10. (A) PERSONAL APPEARANCE: JOSE RODRIGUEZ (ON BEHALF OF KPMG), TO PRESENT MANAGEMENT LETTER ISSUED IN CONNECTION WITH FY `97 AUDITED FINANCIAL STATEMENTS — BRIEF DISCUSSION REGARDING HIRING OF NEW FINANCE DIRECTOR. (B) DIRECT CITY MANAGER TO WORK WITH KPMG REPRESENTATIVES, OVER LUNCH, TO REVIEW FEASIBILITY OF AGENDA ITEMS PROPOSED (AG-2 THROUGH 5) RELATED TO INFORMATION TECHNOLOGY. — SEE LABELS 21 AND 37. (C) DIRECT CITY MANAGER TO INFORM ALL UNION PRESIDENTS ON MANAGEMENT FINDINGS BY KPMG PEAT MARWICK. (D) DIRECT CITY MANAGER TO STRUCTURE COMMISSION AGENDA FORMAT AND AGENDA COORDINATION. Vice Chairman Plummer: OK. Mr. Jose Rodriguez on behalf of that vegetable soup, KPMG. Ms. Christina Cuervo: Hi, Commissioners. I'm not Jose Rodriguez, but just to give you a synopsis... Vice Chairman Plummer: You don't even look like him. Ms. Cuervo: ...on the management letter, I think the Manager would like me to just to highlight that. In the 1997 management letter, we had 90 findings, none of them were material weakness. The were just reportable conditions. Prior year, 1996, we had 34 findings. Of those 34 findings, 12 of them no longer apply. There's 22 remaining. Twelve of them really relate to Information Technology and they're all items that we're dealing with and we have made our responses to the management letter and I think that Jose Rodriguez is here to update you on that. Vice Chairman Plummer: Mr. Rodriguez, for the record, your name and mailing address. Mr. Jose Rodriguez: Jose Rodriguez, One Biscayne Towers, Suite 2900, Miami, Florida, 33131. Thank you... Vice Chairman Plummer: You have something to say? Mr. Rodriguez: Yes. We have issued our comments to the management of the City. The city has provided their responses, which will be included in the management letter. As Ms. Cuervo indicated, there were no 54 July 21, 1998 material weaknesses this year, as defined in the accounting literature. The material weakness, from the prior year, which related to bank reconciliation, was resolved. You have several reportable conditions that still need to be addressed and we've complied with the requirements of the auditor general for your filing of such matter. Vice Chairman Plummer: OK. Now, I used to ask this question and I'm going to ask it again, but I think it needs a little bit more: are there any serious read flags of danger flying? Mr. Rodriguez: Commissioner, the red flags of danger continues to be increasing the technical knowledge within your Finance Department. Vice Chairman Plummer: Now, we saw a memo this morning that you have appointed a Finance Director. Mr. Warshaw: Yes, sir. Vice Chairman Plummer: And is that person being presented to us today? Mr. Warshaw: No, sir. She won't begin until the 3rd of August. Vice Chairman Plummer: OK. Any other Commissioners have any questions? Mr. Gort? Commissioner Gort: I just received ... I read through your first draft and, like I said, I did not make any comments until I received the response from management but, unfortunately, I received the response from management yesterday. I haven't had the chance to read it. Have you been able to go through this management response? Mr. Rodriguez: We've gone through the response with management and they've ... at least have plans with which to address the comments. Commissioner Gort: Do you feel comfortable with the response from management or anything you'd like to add on that? Mr. Rodriguez: No. Other than management, this past year, has worked extremely hard in trying to resolve the comments from the prior year. Vice Chairman Plummer: Let me understand, if I may. You are over outside eyes. Mr. Rodriguez: That's correct, sir. Commissioner Gort: Right. He works for us. Mr. Rodriguez: That's why I'm here, today. Vice Chairman Plummer: "Us," the Commission, not "us," the City. Commissioner Gort: That's right. Right, "us," the Commission. Mr. Rodriguez: Yes, sir. Commissioner Gort: That's why I want to ask you all the questions and make sure we keep it on the record, 55 July 21, 1998 like... Mr. Rodriguez: Thank you, sir. Commissioner Teele: Commission Gort. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I think that's a very important point. The Commission is a board of directors. We're policy makers. We're legislatures in that sense. I'm going to talk about the agenda and the agenda coordination at a later time, but I think... Vice Chairman Plummer: It's past due. Commissioner Teele: Well, I think ... you know, we need to understand our role from in a new structured form of government. Now, the Outside Auditor, along with the Financial Advisor, along with the Attorney and the Clerk, are the people that we have to rely upon. I mean, that's sort of the check and balance. One of the biggest concerns that I have is that we have failed to put into place an external check and balance. When you look at his report, he continues to say, these things are being addressed by the management and reviewed by the Oversight Board. His report or the Manager's report is full of this, these notions that these matters are being presented to the Oversight Board. We all want to get rid of the Oversight Board, but who's going to be that check and balance once the Oversight Board is removed? This is why I continue to say, there is a very real need for a legislative budget officer. The same as the State of Florida has. The same as Congress has. In Congress they call it the Congressional Budget Officer. It doesn't mean that we don't trust anybody, but there has to be a check and balance. Vice Chairman Plummer: Make a motion. Commissioner Teele: Well, I think the time to make the motion is really in the budget process because it's fine to make a motion but if you ... if we don't earmark dollars to do it, it's not going to happen. Vice Chairman Plummer: Well, if you make the motion, then the Manager knows he's got to do the dollars to provide. Commissioner Teele: But, see, that's part of the point. Vice Chairman Plummer: What comes first? Commissioner Teele: The Legislative Budget Officer, while the Manager is responsible for the budget through the Mayor's office, must be accountable as the Attorney is, as the Clerk is and as the Outside Auditor is and as the Financial Advisor. I've got to tell you something, we never hear from the Financial Advisor. I mean, we're talking about approving a budget and a trim notice today. The Commission voted to have one. Now, whether or not, you know, you all want to acknowledge it or not, is another matter. But this is the point that I think is very, very important. The Outside Auditor is presenting himself to us and saying that there are no material findings. New findings. Is that...? Mr. Rodriguez: That's correct. Commissioner Teele: And I think that is indicative, that the management is doing some things right. Secondly, the areas that they continue to focus upon are areas related to personnel and training in the 56 July 21, 1998 financial areas. And I would particularly note that the Personnel Office and the Finance Department, in conjunction with FIU, I believe, are taking some steps and I would like to encourage the Manager to redouble your efforts, particularly as it relates to the departments that have financial expertise. It's one thing to train the financial office ... the Finance Department but as it relates to like offices like the Parks Department, Community Development, where we have ... Public Works, where we have large budget implications, we need to ensure that the person that the Finance Department is interacting with is just as well trained in these various departments. So, I would hope that the training would also be made available to the finance component in these various offices. The area that bothers me most in terms of the report is the whole area of Information Management, primarily because I don't know anything about information management. I am a computer illiterate and it all just blows me away. But these numbers are huge by City budget standards. Seven million dollars ($7,000,000), twelve million dollars ($12,000,000). And I've seen that the County has made a mistake on their computer and they decided after, what, twenty million dollars ($20,000,000), it didn't work? We don't have that flexibility with the budget. Commissioner Gort: That's the State of Florida. Commissioner Teele: No, the ... Dade County just basically threw in the towel on a computer system that they had been working on. Is that right? Am I correct on that? Mr. Warshaw: I believe it was on their radio system. Vice Chairman Plummer: That was Motorola screw up. Commissioner Teele: No, no, no, I'm not talking about the radio system. I'm talking about the ... there's a computer problem that they all ... whether they did or didn't, I think, is not important. I would be very comfortable, Mr... Mr. Rodriguez: Rodriguez. Commissioner Teele: ...Rodriguez, if you would tell us just a little bit about the computer issue or the technology issue, which your findings are repleted with. Have you reviewed the items on the agenda today with the Department and are you in agreement with the approach that we're taking? Mr. Rodriguez: I have not reviewed the items on the agenda. Vice Chairman Plummer: You know, let me tell you something else. I asked one simple question this morning about the computers and that's why I deferred it until this afternoon. Have you checked with any other city in the State of Florida to see if we're getting as good a deal as they got or better and they've not checked with any other. And I know it's a new unit and I know all of this. You know what the thing that made me extremely susceptible, was the fact that they're offering us a million dollars ($1,000,000) worth of goodies if we sign a contract today. But if we don't sign it today, the million dollars ($1,000,000) worth of goodies disappears. Commissioner Teele: Well, I think we ought to find a new vendor. I would specifically ask that the ... that Mr. Rodriguez be afforded the opportunity to work with management over lunch, if that's possible. I mean, we're paying a lot of money to KPMG to advise us and in many ... in many cities, the actual computer decision or the information technology decisions are made through the accounting firms, through the ... don't you all have like an information division? Mr. Rodriguez: We do. 57 July 21, 1998 Commissioner Teele: And don't you all advise cities or governments on technology? Mr. Rodriguez: We can, yes, sir. Vice Chairman Plummer: They did before and that's part of the problem we have. Commissioner Teele: Well ... them or the other ones? Vice Chairman Plummer: No, Peat Marwick. They were the ones who brought us in on the computer that we have presently. Commissioner Gort: No. Vice Chairman Plummer: Yes. Commissioner Gort: No. Vice Chairman Plummer: Yes. I take you back to the Betty ... what's Betty's... nobody was around here when she was here. Commissioner Gort: You're talking way, way back. Vice Chairman Plummer: I'm talking back when Peat Marwick was chosen to do... Commissioner Teele: He's talking 1942. Vice Chairman Plummer: No, I am not talking 1942. Commissioner Teele: Mr. Vice Chairman, respectfully... Vice Chairman Plummer: What was Betty's name? She went to the Beach. Commissioner Teele: And I realize KPMG... Vice Chairman Plummer: Betty Harris. Commissioner Teele: Are we talking two or three years or five years ago? Vice Chairman Plummer: No, she went and did a fantastic job on Miami Beach to get them out of the red ink. Commissioner Teele: How many years ago? Vice Chairman Plummer: Ten years ago? Eight years ago. Commissioner Gort: Ten. Vice Chairman Plummer: Ten years ago. 58 July 21, 1998 Commissioner Teele: Mr. Vice Chairman, I would be very grateful if Mr. Rodriguez could review with the management and the Information Technology, at least... Vice Chairman Plummer: Sir, I definitely concur with you. You know, my problem ... and let me explain it. My problem is that we are at the mercy of a company that we can't deviate from. We cannot go out competitively and try to get some other piece of equipment. We're locked into the Unisys computer and, you know, as I told these people this morning, who came and beat my head soft. You know, when I bought my personal computer, I bought an IBM computer. I bought a Sony monitor. I bought a Hewlett Packard printer because that's what fit my needs and did, in fact, fit my pocketbook. But we don't have that choice in the city. Now, they're talking about a clear path but the next question you need to ask about a clear path, where you can go out and use other vendors, is about 10 years, OK? And I'm just saying that that's why I think that these people ought to come in and indefinitely be looking at this matter, come back and make a recommendation to us. Commissioner Teele: Mr. Chairman, respectfully. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: To conclude. The majority of the findings, as I read them, are related to Information Technology and —or a large number of them. Would that be a fair statement? Mr. Rodriguez: There's a significant number of them. Commissioner Teele: Significant number. I think we would be well advised if we would try to coordinate. I'm a little bit disappointed that you are not intimately involved, but I realize with the concern about your fees and all that, this is not a pro bono thing. But, with all due respect, I would really appreciate if you all, over lunch, would review what the management is recommending to us and, Mr. Manager, would that be all right with you? Would you... Mr. Warshaw: Yes, sir, definitely. Commissioner Teele: Just to give us sort of an unofficial view that is consistent with the direction you'd like to see us taking or not consistent. I share every concern that Commissioner Plummer has articulated. I am particularly concerned that we're buying into a system right now or we're extending the buy into a system that we have no other choice in. And I think there's always other choices but we don't seem to have any. My final comment would be, would you make it your business to try to brief the unions on the management findings? I say that because 75 percent of our budget is personnel and personnel driven, fringe benefits, etcetera. And the unions have been a real partner with us in this financial crisis. They gave up ... the employees gave up a lot and I think we owe it to them, to provide them with the quality of a briefing because the budget is still tight and they need to know that we're operating in good faith and I would appreciate if the Manager would allow, through the Labor Relations Office, to facilitate maybe one briefing of the unions so that they can ask questions, etcetera. Mr. Rodriguez: We will be more than happy to do that, Commissioner, when the Manager arranges the meeting. Vice Chairman Plummer: OK. Mr. Gort. Commissioner Teele: Thank you. 59 July 21, 1998 Commissioner Gort: When I first came in here, I think it was November, '93... in '94, we started doing ... buying some software and one of the questions that I've asked is that, is this unit going to be comparable? Are we going to be able to use it with everyone else? I think, somehow, we've got to have a complete plan because we are talking about investing over eight million dollars ($8,000,000). And you're talking about the future —and my understanding is and the questions that I've asked, this could only last maybe five years, so you're talking about one point seven million dollars ($1,700,000) a year. And I think we really need to look into this because my understanding, they tell me that tech ... this tech... technology changes rapidly and completely. It's ... what you buy today could be obsolete next year. Vice Chairman Plummer: It's already obsolete when buy it. Commissioner Gort: For those reasons, I think we really need to look into. Vice Chairman Plummer: And one of the days around here, we're going to look at what we have in computers because we got garbage in but we don't have no garbage out. I'll tell you, there are things in the data bases around here that are absolutely of no value whatsoever and nobody goes in there and says we ought to delete or obliterate. You know that little delete button? You know, that one I know, OK? I mean, we've got things ... if you want to know whether a policeman, 21 years of age, lives on the north side of the river and went to Miami Senior High School, we got a button you can push and give you that answer. I mean, if that is all that important, I don't know. All right. Mr. Manager, as I understand it, you're going to ask this Pete Marwick Mitchell ... get a price, OK? And ask them to sit with the people and look it over and express in there the concerns that have been expressed here, today. Mr. Boom -Boom, please. Mr. Manuel Gonzalez-Goenaga: Yes. Vice Chairman Plummer: For the edification, this Commission is going to extend ourselves another hour into the lunch hour to one o'clock. Mr. Boom -Boom. Mr. Goenaga: Yes. Mr. Peat Marwick Mitchell, Mr. Jose Rodriguez. Should I address you, so you address the question to him or shall I ask him directly? Vice Chairman Plummer: Through the Chair, sir. Always. Mr. Goenaga: Through the Chair. Well, one of the issues and complimenting Papa Teele's statement, is that the checks and balances... Vice Chairman Plummer: Sir, it is Commissioner Teele, not the other. Mr. Goenaga: Well, I consider him my friend. Vice Chairman Plummer: That's fine. Mr. Goenaga: And what do you think, which I have always said it here many times and nobody paid me attention since 1990... Vice Chairman Plummer: Your question. Mr. Goenaga: That the inside auditor of the City of Miami should be appointed by the Board of Directors, not by the City Manager. And, then, we will have any Commissioner can order an independent review, an audited review, against the office of the City Manager. 60 July 21, 1998 Vice Chairman Plummer: What is your question? Mr. Goenaga: The question is, what is needed here from you guys or most of you guys is a little bit of common sense. Vice Chairman Plummer: Thank you, sir. Mr. Goenaga: Because I was not graduated from Harvard. I graduated from Kakatua University and I ... let me tell you, I think I have more common sense than most of you guys. Vice Chairman Plummer: Do you want to interpret Kakatua University for this gringo? Mr. Goenaga: Well, check the dictionary. Vice Chairman Plummer: That's all right. Thank you. Mr. Goenaga: Check the dictionary. Vice Chairman Plummer: All right. Thank you very, very much. We're now on item... Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Just one editorial comment. Vice Chairman Plummer: Yes, sir. Commissioner Teele: Given the fact that we're in litigation with our previous external auditor... Vice Chairman Plummer: Mr. Marwick Mitchell, you better listen. Commissioner Teele: Given the fact that we're in litigation with our previous external auditor and, apparently, a lot of the issues depends upon ... rely upon how much the Commission dependent ... I wish to draw to the Commission's attention again our need to structure this agenda and the agenda coordination process. This item is on as a personal appearance. This item should be on as a resolution. It should be on with a degree of formality and I would hope that our external auditor doesn't have to come before us under the guides of a personal appearance but could appear before us as a signature item that shows the gravity, given the financial emergency that we're in, and I would hope that we could address that issue structurally as we move forward. Do you require or should we take an action on this or should we take the action on the final? Mr. Mitchell: Should take the action on the final. It's signed. Vice Chairman Plummer: OK. Thank you very much. 61 July 21, 1998 11. EMERGENCY ORDINANCE: AMEND NO. 11547, ADOPTED SEPTEMBER 23, 1977, ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM";-- PROVIDE FOR INCREASE IN TOTAL AMOUNT OF $82,755.18, -- REPRESENTING INTEREST EARNED FROM SECOND YEAR GRANT FUNDING MONIES WHICH TOTALED $3,615,800 ORDINANCE. Vice Chairman Plummer: Item 13. Commissioner Gort: Move it. Vice Chairman Plummer: Item 13. Moved by Gort. Seconded by Sanchez. Read the ordinance. It's a four/fifths vote. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Justify the emergency. Justify the emergency. Capt. Longueira: Commissioner, these are grant funds... interests from grant funds and we have need to expend these funds. Vice Chairman Plummer: Call the roll. Mr. Foeman: Roll call. Second roll call. An Ordinance Entitled - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11547, ADOPTED SEPTEMBER 23, 1977, ENTITLED "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM;" THEREBY PROVIDING FOR AN INCREASE IN THE TOTAL AMOUNT OF $82,755.18, REPRESENTING INTEREST EARNED FROM SECOND YEAR GRANT FUNDING MONIES WHICH TOTALED $3,615,800.00; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 62 July 21, 1998 Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: None. 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. 11686. 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 14. Commissioner Gort: Fifteen. Vice Chairman Plummer: Uh, 14 is the Mayor asked to be waived until he gets here. [NOTE FOR THE RECORD: ITEM 14 WAS TABLED, PER MAYOR CAROLLO'S REQUEST.] 12. EMERGENCY ORDINANCE: ESTABLISH INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED: "PROBLEM SOLVING PARTNERSHIPS ASSESSMENT GRANT PROGRAM," — AUTHORIZE CITY TO ACCEPT $49,950 FROM U.S. DEPARTMENT OF JUSTICE. Vice Chairman Plummer: We're now on Item 15, another emergency ordinance. Problem solving... Commissioner Teele: I think you all should wait until the City Attorney gets a ruling, which he should get in the next few hours. Commissioner Gort: No. This is the... receiving grant monies, 15. Commissioner Teele: Oh, I though this was 15. Commissioner Gort: No, no, 15 is receiving grant monies, fifty thousand dollars ($50,000). Vice Chairman Plummer: Fifteen is problem solving partnerships, assessment grant program. Moved by Gort. Seconded by Sanchez. For the amount of forty-nine thousand nine fifty. Read the ordinance. Mr. Warshaw: A slight change, Commissioner. Vice Chairman Plummer: What's that? 63 July 21, 1998 Capt. Longueira: Commissioner, in your packet it shows a line item breakdown and it didn't add up. Under equipment, instead of nineteen thousand two seventy-five, it's nineteen thousand three thirty-five. That's the only correction. Vice Chairman Plummer: Bid deal. Read the ordinance as amended. Mr. Vilarello: Total amount remains the same? Capt. Longueira: Total amount remains the same. Vice Chairman Plummer: As amended. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Justify the emergency. Hello. Justify the .... come on, guys. Commissioner Gort: It's a deadline to accept the money. Vice Chairman Plummer: What is the justification of the emergency? Mr. Warshaw: To begin expending... Vice Chairman Plummer: If you don't, I'm going to... Capt. Longueira: We have a deadline on the grant. We have to... Vice Chairman Plummer: Call the roll. An Ordinance Entitled - AN EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "PROBLEM SOLVING PARTNERSHIPS ASSESSMENT GRANT PROGRAM," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $49,950.00, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 64 July 21, 1998 was introduced by Commissioner Gort and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner 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 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11687. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 13. DISCUSS / TABLE TO LATER IN SESSION PROPOSED EMERGENCY ORDINANCE SCHEDULING AN ELECTION TO FILL OFFICE OF COMMISSIONER, DISTRICT NO. 3; SETTING NOVEMBER 3, 1998, AS THE DATE OF SUCH ELECTION. Vice Chairman Plummer: Item 15. To recall an election so Sanchez can stay here a while. Commissioner Gort: Move it for later on this afternoon. Vice Chairman Plummer: Moved by Gort. Second by... Commissioner Gort: No, no, for later on. Vice Chairman Plummer: Move it for later on? Commissioner Gort: Do it later on this afternoon. 65 July 21, 1998 Commissioner Teele: I guess we don't have a choice now. I mean, is the ruling... Vice Chairman Plummer: We're on deadline for the days. Commissioner Gort: We can do it this afternoon. Vice Chairman Plummer: We can ... Mr. Gort asked that it be done this afternoon. Mr. Vilarello: You can consider this item later in the afternoon, at the end of the agenda. Vice Chairman Plummer: That's fine. We're not going anywhere. 14. SECOND READING ORDINANCE: AMEND SECTION 18-78, OF CODE, RELATING TO CONTRACTING METHODS AND PROCEDURES, THEREBY STIPULATING THAT ANY PURCHASE AGREEMENT ENTERED INTO IN MANNER INCONSISTENT WITH PROCEDURES SPECIFIED, SHALL NOT BE BINDING UPON THE CITY. Vice Chairman Plummer: Item 16, a second reading. Commissioner Gort: Move it. Vice Chairman Plummer: This is in reference to... Commissioner Regalado: Second. Vice Chairman Plummer: ...methods and procedures, purchase agreements in a matter consistent with procedures. Read the ordinance. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Call the roll. An Ordinance Entitled - AN ORDINANCE AMENDING SECTION 18-78, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED RELATING TO CONTRACTING METHODS AND PROCEDURES, THEREBY STIPULATING THAT ANY PURCHASE AGREEMENT ENTERED INTO IN A MANNER INCONSISTENT WITH PROCEDURES, AS HEREIN SPECIFIED, SHALL NOT BE BINDING UPON THE CITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 66 July 21, 1998 Passed on its first reading, by title, at the meeting of June 23, 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. 11688. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 15. SECOND READING ORDINANCE: AMEND CAPITAL IMPROVEMENT ORDINANCE NO. 11623 — CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS; ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1997-1998. — COMMENTS FROM TOM GABRIEL CONCERNING IMPACT OF PROPOSED REVISIONS ON FIRE DEPARTMENT NEEDS. Vice Chairman Plummer: Sixteen -A, a Capital Improvement Ordinance. Commissioner Gort: Second reading. Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Capt. Longueira: Commissioner, I got... Vice Chairman Plummer: Sir? Capt. Longueira: ...another correction. I'm sorry. Vice Chairman Plummer: Boy, you're full of them today. Capt. Longueira: On this item, we're going to remove... delete the funding for 312026 and close that project. And we're going to reallocate the remaining funds of seventy-four thousand five hundred to 312028. Commissioner Gort: I'm sorry. Which one are you removing? Capt. Longueira: We're going to be removing 312026. Vice Chairman Plummer: Which is that? 67 July 21, 1998 Capt. Longueira: It was a police K-9 facility project. We're not going to do that. Vice Chairman Plummer: OK. And where is it going to? Capt. Longueira: We're going to reallocate it to 31202A, which is... Vice Chairman Plummer: Don't give me all of that. Capt. Longueira: Which is a radio systems, so we can purchase some additional radios because of all the officers we have. We're having a problem with radios. Vice Chairman Plummer: Ridiculous. OK, fine. Read the ordinance as amended. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Any discussion? Hearing none, call the roll. Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I want to make sure that the canines are going to have a suitable place, since the union doesn't... isn't representing them. Capt. Longueira: We do represent them. Vice Chairman Plummer: Just as soon as they found out how they can charge that dog dues, they will. Commissioner Teele: But, seriously, you all are going to have a suitable place? Vice Chairman Plummer: Call the roll. Mr. Tom Gabriel: Can I get a chance to... Vice Chairman Plummer: Wait a minute. You want dogs in the Fire Department? Mr. Gabriel: No, I'm sorry. I was just running around trying to find out... Vice Chairman Plummer: Tell us who you are. Mr. Gabriel: Tom Gabriel, Local 587. I was just running around. This is the same issue that I brought before, trying to find out whether or not the Fire Department was affected by any of these Capital Improvement changes and, Commissioner Plummer, if you remember... Vice Chairman Plummer: Mr. Dipak. Mr. Gabriel: ...you were going to check. We were going to get a list of things and I'm not sure, in this quick running around, whether or not that question is being answered. 68 July 21, 1998 Vice Chairman Plummer: Do any of the changes proffered here affect the Fire Department? Mr. Parekh Dipak: Except the monies with reference to the fire fee. Vice Chairman Plummer: All right. Mr. Gabriel: Well, that's exactly... that's my point. Mr. Parekh: Which would appro... Vice Chairman Plummer: Mr. Gabriel, if you would, during the lunch break, check with Dipak and if there is a problem, then bring it back and we'll reconsider. Mr. Gabriel: Sounds great. Thank you. Vice Chairman Plummer: All right. Call the roll. An Ordinance Entitled - AN ORDINANCE AMENDING CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998; CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS; ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1997-1998; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading, by title, at the meeting of June 23, 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: 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. 11689. 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. 69 July 21, 1998 16. DISCUSS / DEFER TO AFTERNOON SESSION PROPOSED SECOND READING ORDINANCE AMENDING CHAPTER 2/ARTICLE II OF CODE ENTITLED ADMINISTRATION / MAYOR AND CITY COMMISSION," BY ADDING LANGUAGE TO CLARIFY SECTION 4(G)(6) OF CHARTER, AS IT RELATES TO TIME WHEN REMOVAL OF CITY MANAGER BY MAYOR WILL TAKE EFFECT — SEE LABELS 41 AND 69. Vice Chairman Plummer: Item 17. Do we really... Commissioner Teele: Was that an emergency? Vice Chairman Plummer: Do we want... Commissioner Gort: This is a second reading. Vice Chairman Plummer: All right. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Plummer: Regalado moves it. Commissioner Gort: Second. Vice Chairman Plummer: Seconded by Gort. Commissioner Gort: And I'd like to make a statement. Vice Chairman Plummer: All right. Commissioner Gort: Although we're requesting 10 days, I can assure you, if anyone is removed because of any violation or any misconduct, you can assure that this Commission will approve it right away also. Vice Chairman Plummer: Well, let me make sure that that is the case. That this ... anyone that would be of a criminal charge, a criminal nature ... as I always say, hand in the cookie jar..., that this does not apply to that. Mr. Vilarello: The individual would remain in office until this Commission has had an opportunity to review it. Now, it can meet quickly and it can meet immediately and remove. Vice Chairman Plummer: If a person is charged with a criminal offense, under this ordinance, he can remain in that chair for 10 days? Commissioner Gort: No, you can amend it. Vice Chairman Plummer: No way. Hey. Commissioner Sanchez: Well, you know what he's going to say? I'm innocent until proven guilty. Vice Chairman Plummer: Woe, woe. You know, fine. That's why the Governor removes you otherwise. Commissioner Teele: Charged by who? I mean, charged by you or me or the Mayor or charged by a 70 July 21, 1998 criminal information? Vice Chairman Plummer: No, no, no, no. I'm talking about a criminal charge by a law enforcement agency. Mr. Vilarello: That's dealt with separately from this ordinance. This deals with when the Mayor makes a decision to remove the City Manager. Vice Chairman Plummer: Oh, the Mayor's decision. Mr. Vilarello: Mayor's decision to remove. Vice Chairman Plummer: All right, that's clear then. Let me say this for my little spiel. I'm voting against the ordinance, all right. And let me tell you why. In business, if you fire a man —let's me tell you something ... I don't want him there one day. He can destroy your business in one day by going to your computer and hitting one button. When I fire a man, it's se la ve, goodbye, out the door, not 10 days is he going to sit in that chair. Now, I have no problem if you wanted 10 days, and he does it with pay or you want to do as we do with policemen. You know, policemen get their pay until the matter is resolved. I got no problem with that. But let me tell you. When I fire a man, if I have just cause to fire him, he's gone. So that's why I will go vote negatively. Commissioner Teele: Let me inquire. Under the ordinance... under the Charter and the ordinance, if the Chief of Police is fired, does he have any rights? Mr. Vilarello: The Chief of Police and the Fire Chief have certain rights under the Charter. Commissioner Teele: Do they stay in office under those rights? Mr. Vilarello: I'd have to look and see. I don't... Mr. Warshaw: I can answer that. Vice Chairman Plummer: Well, there was a state statute relating to the fire ... the Police Chief at one time. Commissioner Teele: It's my understanding... Mr. Vilarello: He stays in office. He's stays in office. Commissioner Teele: It's my understanding ... you see ... you know... Commissioner Gort: It's the same standard for everybody. Commissioner Teele: Wait, wait, wait. It's my understanding that the Police Chief, under the Charter, and the Fire Chief, if removed, stay in office until there's been a hearing. Now, I have a hard time rationalizing treating the Manager, who is their superior ... and I agree with your statement, Commissioner Plummer, about the private sector. But what we're talking about now is government and, hopefully, the Managers will all be professionals, that is, we will not have a political Manager but the Managers will be professional. I see this provision as a statement to anyone in the United States that considers being the Manager of the City of Miami, that they're going to be afforded due process and an opportunity to come before the Commission and be heard. And that's as... 71 July 21, 1998 Vice Chairman Plummer: And there's a way to do that. Commissioner Teele: And that's as much as this does. Vice Chairman Plummer: There's a way to do that differently than this, right all? I'll tell you very easily how you do it, in my opinion. That no one will be appointed as a permanent Manager until this Commission has heard the issue. I'm just ... I am concerned of the damage that a ticked off man, who has been fired, who absolutely feels that he was fired for no reason, the damage that he can do in one day. I'm just ... you know, government —maybe we have a different philosophy, Art. But government, to me, one of the biggest failings is, it's not run like a business. And let me tell you, I just say to you, sir, that ... do whatever you want. Commissioner Teele: But, J.L., just justify why you'd do it for the Fire Chief and the Police Chief, but you won't do it for the Manager? Vice Chairman Plummer: Sir, I didn't justify that because I didn't make that rule, all right? But let me tell you, if, in fact ... we're under a different system now. The Mayor can't fire the Police Chief or the Fire Chief. Only the Manager can, all right. Commissioner Teele: That's always been the rule. Vice Chairman Plummer: That's ... well, that's the been rule. No, it hasn't been. I'm sorry, sir. I've been through some hellish hearings when Fire Chiefs were fired and all I'm saying to you, the Manager is the top man. I've said enough. Is there any other discussion? Commissioner Regalado: Yes. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I'd like to ask the City Attorney. Now. ...or even the Vice Chairman. What then, if a Mayor, any Mayor, appoints a Manager who does not have the blessings of the Commission. The Commission doesn't have to meet for 14 days, the Commission has gone on record saying that they don't want that Manager. Can this guy create problems? Can he does ... he do damage to the City, knowing that the Commission is not going to approve them? Can you ... could you explain that to me? Vice Chairman Plummer: Well, I'll explain it very easily because I have no choice, under the way that this Charter presently reads. If I had my choice, that man would not sit in the chair until ratified by this City Commission. That is not my choice under the Charter and we're talking about making many Charter changes. I think that, if you want the proper processes... our colleague says, due process ... the Manager... excuse me, the Mayor makes a recommendation of who the Manager is and he is not confirmed or approved until such time as this Commission has had the opportunity to discuss and to ratify or not ratify. Commissioner Gort: That's fine. The question is, if, during this process, the guy's been ratified and, after a while, the gentleman or whoever the person gets assigned, disagree with the Commission and it goes way wacko out .... that's the question. He's already been confirmed by us. He's going to be there for 10 days or he's going to be there for awhile ... until we meet again and then he can do the same thing. He can be very destructing, either way. What I'm saying... Commissioner Regalado: I mean, can you respond... 72 July 21, 1998 Commissioner Gort: What I'm saying is, I'm trying to follow what we've been saying from the beginning. Let's set up standards for everybody. Why should we have some standards for the Chief. I mean, you want anything worse than the Chief going wild? He gets fired. What can a Chief of Police do to this City or the Chief of the Fire? I mean, that could be even worse than the Manager. Vice Chairman Plummer: Obviously, we're not going to change any minds, OK? Any discussion more by ... Mr. Teele Commissioner Teele: Well, one bit of discussion. Mr. Attorney, you know, Commissioner Plummer makes a good point. Commissioner Gort: And we'll do the right thing. Commissioner Teele: And let me tell you, all he's saying is, which no one can argue with, is that the appointment of the Manager shall be effective upon ratification. Would you look at the Charter and see if you can give us three words on our existing Charter and bring it back today and see if we can make these one package item, one ballot item? Mr. Vilarello: And that's with regard to the appointment of the Manager and ratification by the Commission? Commissioner Teele: Yes. So, it is... Mr. Vilarello: So that the appointment is not effective until ratified? Commissioner Teele: Until ratified by the Commission, which is the way it works in Washington. Vice Chairman Plummer: That's the way it should work. Commissioner Teele: I mean, Daryl Jones, a great man, is being humiliated by an unnecessary process but it's the way the Constitution is written. The President nominated him but he doesn't take office until he's been ratified by the Congress. Vice Chairman Plummer: I love the new name for the new times, unnecessary process. All right, then, we're going to defer the issue until this afternoon, when the City Attorney has the right and the opportunity... Commissioner Teele: We can take this one up now. Vice Chairman Plummer: Well, you want to take it up, take it up. All right. Commissioner Teele: Or we could amend it. Would it be better... Vice Chairman Plummer: Do you wish to speak to the issue? Commissioner Gort: Let's wait until this afternoon and we can amend it according to. Vice Chairman Plummer: All right, guys, make up your minds. You want to wait? 73 July 21, 1998 Commissioner Teele: Let's take it up this afternoon. Commissioner Gort: We'll wait. Commissioner Regalado: We'll wait until the afternoon. Vice Chairman Plummer: You've got until... Mr. Goenaga: You want to hear our suggestions, our input. Vice Chairman Plummer: You'll be here this afternoon. 17. DEFER CONSIDERATION OF AGENDA ITEM 18 (PROPOSED FIRST READING ORDINANCE AMENDING CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS," RELATING TO COMMERCIAL VESSELS) — SEE LABEL 5. Vice Chairman Plummer: Item 18. Commissioner Regalado: This has been deferred. Vice Chairman Plummer: Item 18 has not been deferred. Commissioner Regalado: Yeah, it was. Commissioner Teele: Yeah. We deferred it and the motion saying that this master plan would go ... would be held for a public hearing and it would come back. The item before us and 18. Vice Chairman Plummer: You want to defer it until when? Commissioner Teele: Until there's a public hearing workshop. Vice Chairman Plummer: OK. September the 8th, it will be back on our agenda. Commissioner Teele: Is that acceptable to the Manager? Ms. Christina Abrams (Director, Public Facilities): May I make a suggestion? This requires two readings 30 days apart and it would allow us to implement... Vice Chairman Plummer: Don't argue with the Commission. We'll see you on September the 8th. Ms. Abrams: OK. 74 July 21, 1998 18. FIRST READING ORDINANCE: AMEND SECTION 53-181 OF CODE, BY CHANGING RATE SCHEDULE FOR USE AND OCCUPANCY OF AND SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH MIAMI CONVENTION CENTER. Vice Chairman Plummer: The next item is Item 19. The rate schedule for the services furnished in Miami Convention Center. Ms. Abrams: This is the proposed rate changes for the James L. KnighVMiami Convention Center and it is the rates that have been recommended by the Professional Management Company at the Knight Center and these are to remain competitive. Vice Chairman Plummer: Is this an increase in rate? Ms. Abrams: Some are increase and some are reductions, depending on the competition. Vice Chairman Plummer: OK. Is there a motion? Commissioner Gort: Are you saying that the ... I'll move it for discussion. Vice Chairman Plummer: Gort. Is there a second? Sanchez. Commissioner Regalado: Second. Commissioner Sanchez: Second by Regalado. Vice Chairman Plummer: Is there a discussion? Commissioner Gort: My question is, are you saying this was compared with other facilities, competitive facilities and we got the same rates? Ms. Abrams: Yes. Commissioner Gort: OK. Vice Chairman Plummer: Read the ordinance. Call the roll. 75 July 21, 1998 An Ordinance Entitled - AN ORDINANCE AMENDING SECTION 53-181 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE RATE SCHEDULE FOR THE USE AND OCCUPANCY OF AND THE SERVICES FURNISHED OR TO BE FURNISHED IN CONNECTION WITH THE MIAMI CONVENTION CENTER; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 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. 76 July 21, 1998 19. (A) FIRST READING ORDINANCE: AMEND CHAPTER 42, ARTICLE V OF CODE, ENTITLED "VEHICLE IMPOUNDMENT," BY REPEALING PORTIONS OF SECTION 42-121 RELATING TO SEIZURE AND IMPOUNDMENT OF VEHICLES FOR DRIVING UNDER THE INFLUENCE, AND BY ADDING A NEW PROVISION TO SECTION 42-12,4 CONCERNING DISPOSITION OF UNCLAIMED VEHICLES. (B)DIRECT CITY MANAGER TO INCREASE TO $1,000.00 FINE FOR ILLEGAL DUMPING. (C) DIRECT CITY MANAGER TO CREATE TASK FORCE TO ADDRESS UNLICENSED SOLID WASTE COMPANIES OPERATING IN CITY / ILLEGAL DUMPSTERS / ILLEGAL TRASH DUMPING. (D) DIRECT CITY MANAGER TO EXPLORE USE OF NATIONAL GUARD AND OTHER ALTERNATIVES TO CLEAN UP CITY. Vice Chairman Plummer: Item 20. Yes. Item 20 is an ordinance relating to vehicle impoundment. Commissioner Regalado: Move it. Commissioner Gort: Move. Vice Chairman Plummer: Moved by... Commissioner Regalado: Me, Regalado. Commissioner Sanchez: Second by me. Vice Chairman Plummer: By Sanchez. Commissioner Regalado: Comments, please. Vice Chairman Plummer: All right. What change is this in the ordinance that we presently are operating? Mr. Warshaw: We're removing the DUI issue as being part of the Vehicle Impoundment Program and we're substituting it with illegal dumping. Vice Chairman Plummer: Why do we... Mr. Warshaw: Now, it's really not substituting... Vice Chairman Plummer: Why do we eliminate DUI? Mr. Warshaw: I'll let the City Attorney address the... Vice Chairman Plummer: Mr. City Attorney. Mr. Vilarello: That provision is ... we are preempted, by Florida law, and that's why I've prepared an ordinance deleting that. The Chief had made several good suggestions with regard to other items that we can enforce with this Vehicle Impoundment Ordinance... Vice Chairman Plummer: OK. 77 July 21, 1998 Commissioner Sanchez: I withdraw my motion on the second on that one. Vice Chairman Plummer: You ... because of the withdrawal of the DUI? Mr. Vilarello: And this is a substitute ordinance? Commissioner Sanchez: They should ... DUI should be also implemented. That way, you're caught DUI, you... Vice Chairman Plummer: Well, he says State Statutes prohibit it. Mr. Vilarello: We're preempted by Florida law to provide that penalty. Vice Chairman Plummer: So, we have no choice. Mr. Vilarello: This is a ... we're prohibited from providing an additional penalty than what is already prescribed by Florida Statute. Our powers are limited in that regard. And the ordinance, in its original form... Vice Chairman Plummer: All right. Moved by Regalado. Seconded by Sanchez. Commissioner Regalado: OK, I got a question to the Manager. Mr. Vilarello: Commissioner Plummer, there's a substituted ordinance at the request of the Manager we've prepared and I'd like to ... the motion to be related to that. Vice Chairman Plummer: Well, let's do it. Read it. Commissioner Regalado: Can I ... I have a question. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Mr. Manager, I visited several NET offices and they are in really need of vehicles. As you know, we have people doing community work and sometimes they don't have cars because inspectors are outside and the people has to stay in the office. So, my question is, can some of these vehicles be sent to the NET office... assigned to the NET offices? Mr. Vilarello: This is a Vehicle Impoundment ordinance. It's a fine associated with... Vice Chairman Plummer: You get your car back. Mr. Vilarello: You get your car back. They pay the fine and they... Commissioner Regalado: No, no, no, no. But if you don't pay a fine, you don't get your car back. Mr. Warshaw: Let me answer that a different way. There are other ways in which we confiscate vehicles and the answer is that the City could use those vehicles. The problem is, we don't always have the wherewithall, the parts, the ability to repair vehicles, other than those that are part of our own fleet. 78 July 21, 1998 Vice Chairman Plummer: And the second part is, they're lazy. All right, does that answer your question? Commissioner Regalado: Yeah. An Ordinance Entitled - AN ORDINANCE AMENDING CHAPTER 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "POLICE/VEHICLE IMPOUNDMENT," BY PROVIDING DEFINITIONS, REPEALING THOSE PROVISIONS RELATING TO THE SEIZURE AND IMPOUNDMENT OF VEHICLES FOR DRIVING UNDER THE INFLUENCE, AND BY ADDING A NEW PROVISION CONCERNING THE DISPOSITION OF UNCLAIMED VEHICLES AND ILLEGAL DUMPING OF WASTE; MORE PARTICULARLY BY ADDING SECTIONS 42-121, 42-122 AND 42-124; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. 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: Read the ordinance. Hold it. Call the roll. I vote yes. Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Answer me a question, Mr. Manager. Are we now in the same position as Fort Lauderdale? Can we put people in jail? Mr. Warshaw: No. Vice Chairman Plummer: Why not? They're not going to respect you, otherwise, unless you do something drastic. Now, Fort Lauderdale did something drastic and their problem is damn near gone away, as I understand it. Why are we so dumb and they're so smart? 79 July 21, 1998 Mr. Longueira: Commissioner, the difference between us and Fort Lauderdale is, Fort Lauderdale is... Vice Chairman Plummer: Yeah, their city is clean and ours is dirty. That's the difference. Mr. Longueira: Fort Lauderdale elected to run their own jail. They actually built their own jail and judges sentenced them to the Fort Lauderdale jail, not the Broward County Jail, OK? And because of that, they have the capacity to keep prisoners in jail longer, like the prostitutes and those kinds of arrests, and that's what you're talking about. We looked at this issue. It's an expensive proposition. And we felt then ... we did a report a while back, that it was too expensive, especially in under these conditions. Vice Chairman Plummer: Do you know what the fine is in the County if you get caught illegal dumping? Ours five hundred dollars ($500). It's a thousand. The County ... I asked somebody to bring me a sign, until I found out they were going to have to steal it and bring it back. There's is five thousand dollars ($5,000). Why aren't we as good as the County? How can they be so smart and we be so dumb? Mr. Manager? Mr. Warshaw: Commissioner, they got smart. We just increased our fine from five hundred to a thousand. Vice Chairman Plummer: Mr. Manager, would you make us smart? Mr. Warshaw: Very. Vice Chairman Plummer: In the next agenda, I don't think we should be any, a dime less, than the County. Boom -Boom, quickly. Mr. Goenaga: I defer for this afternoon because they ... I might even embarrass more with reality and facts, the Police Department. Commissioner Teele: Mr. Vice Chair? Vice Chairman Plummer: Thank you. Mr. Teele. Commissioner Teele: Mr. Vice Chairman, in voting for this item, I want to clarify. It seems that the amendment that the City Attorney has read in actually extends the empowerment to illegal dumping, vehicles used pursuant to illegal dumping. And I think that's a welcome addition to the process. And I would also note that the Police Department has formed this Environmental Protection Squad and actually has made an arrest of an individual that was dumping in the 8th Avenue area again, an area that is really in need, and I commend you. But there's two things here. First and foremost ... and I'm going to continue to say this, Mr. Manager until someone hears me. The problem of dumping is much more of a structural problem than an enforcement problem. It is much more of a structural proper than an enforcement problem. I agree with the ordinance. You're doing the right thing there. We should impound cars. But the problem with dumping is the NET offices, the NET offices and Building and Zoning and the Fire Department have never been brought together at the NET level to go out here and ensure that the buildings, the apartment buildings, have legitimate dumpsters and until you deal with ... it's like, what we're doing now is making the mistake we made with the drug war. You know, until you get to the source of this thing, you're going to be chasing the trash all over town. The apartment buildings, especially the marginalized apartment buildings... many of the people that came here to object the fire fee, where they're not making money, the first thing they do is throw out the trash dumpster. I mean, there are buildings all over Overtown and Little Haiti that have no dumpsters, "A" "B," have dumpsters that are far too small to accommodate the trash. And "C," have worse ... have dumpsters that are illegal dumpsters. They are no -name, no brand dumpsters, which means, if they don't have a name on it, like BFI, like Waste Management, like whomever, that trash 80 July 21, 1998 is subject to being dumped anywhere in the City and this is particularly true where you have construction going on. It just befuddles me how we've got Building and Zoning out there inspecting these construction sites; how we've got fire marshals instructing... and God knows we've got NET offices, and nobody sees all of these construction containers that are illegal. Vice Chairman Plummer: Drive right by. They drive right by them. Commissioner Teele: They drive right by them. And that's the trash. You know, the trash is not being dumped largely by home owners. We collect the trash from the home owners. You know, we have a monopoly there and we assess the people ... where is the lady, Mr. Potter's friend? We assess these people, whether...in some cases, whether they have their trash picked up or not and that's fine. The problem is in the apartment and the commercial buildings. And it's particularly a problem, Mr. Manager, in the poor neighborhoods of Little Haiti and portions of Model Cities, in portions of Wynwood and Allapattah and in portions of Overtown. And I just continue to fail to understand why we can't put a task force together to be proactive, made up of NET and the Fire Marshal and the Building and Zoning people and we begin to force these people to have receptacles. One, have receptacles that are large enough to accommodate. You drive by any poor building, where the building's almost tearing down, is about to fall down because of abuse and neglect, and I guarantee you, there is a probability that the trash container's going to be too small. You know why it's going to be too small? Because if they have to get a trash container the size that is necessary, then they have to pay more money. And then the other issue, which I want to get on when we talk up the next issue, is, we've got all kinds of companies collecting trash that are not on the list paying money to the City. I mean their names are all over the City. Why is it, J.L. Plummer, who's got to drive through my district and myself and other Commissioners, see this and the NET offices don't see it? And when can we pull together the Internal Auditing and the NET and Solid Waste, along with Police and Fire and Building and Zoning, to really go out here? Donald, we are losing millions of dollars. When we took the lead and took over the commercial accounts four years ago, five years ago, how much money did we pick up, Dipak? How much additional money did we pick up? Vice Chairman Plummer: When we went in the business ourselves? Commissioner Teele: When we basically spun off the commercial. Vice Chairman Plummer: Oh. Commissioner Teele: Because the money wasn't being collected. Vice Chairman Plummer: We were losing our proverbial when we were running it. We lost thirty-six dollars ($36) every new bin we put out. Commissioner Teele: So, you know, those numbers add up. We have not taken this matter seriously. And, Mr. Manager, the biggest problem in our budget ... the biggest departmental problem in our budget is Solid Waste. It is the largest budget hole that we have. Seven million, eight million dollars ($8,000,000) a year. And it's not a function of the home owners not paying enough. It's a function that we continue to spend a lot of time picking up illegal garbage and guess who has to pay for it? Who pays the tipping fee when we pick up the garbage? The City does. And we're paying this two and three times. So, again, I would urge you to look at this. I would urge you to look at the only memo that I wrote you as the Interim Manager, related to the empowerment lot, which I won't go into. But I think, you know, you're on the right track. Vice Chairman Plummer: Well... 81 July 21, 1998 Commissioner Teele: Having said all that, I think you're on the right track. Vice Chairman Plummer: Can we ... let me ask you, Mr. Manager. Can we expand the Lot Clearing Committee to include these kind of problems? Mr. Warshaw: Absolutely. Vice Chairman Plummer: Because I ... you know, I'm going to discuss this afternoon on the lot clearing ... and I'm going to discuss with my Commissioners, where I have to do it on the record, all right? But let me tell you something. If I'm going to be on that committee, we're going to be effective and we're going to be, as you said, on the offense, not on the defense. And I'm telling you something, we're going to go out there and we're going to bust some people; that they're going to be unhappy, but we're going to make sure that this City is cleaned up. And I'm going to start as soon as ... we're trying to call a meeting for tomorrow morning or tomorrow some time and, you know, I'm going to discuss this afternoon with my colleagues what I have in mind and I hope they agree with it and City Attorney is going to write it and we're going to be there. OK. We're now on item ... I'm sorry. Mr. Gort wishes... Commissioner Regalado: One second. I'd like to say something. This maybe can be discussed later on on the lot clearing since you want to expand the scope of the committee. But I brought for you all and the Manager an article that I think is interesting and it gives me an idea, that when you have imagination, you can do things. Do you know that the City of Buffalo has gotten the help of the National Guard to demolish crack houses? And Philadelphia is getting the State crews to demolish and pick up garbage because of the situation in the most affected... crime affected areas of the City. And, you know, if Buffalo can do it, I don't know why the City of Miami cannot use the resources... especially, I mean, they say that Buffalo ... they mention here that Buffalo has little economic problems. I mean, we have big economic problems so, you know, if we have the possibility of enlisting the National Guard or whatever ... I mean, the Army or the United Nations, I don't see why not. Commissioner Gort: Let me tell you, I was part of the National Guard for six years and we were looking for things to do. Commissioner Regalado: I know, I know. Because I work with the Guard. Commissioner Gort: And the Engineer Corp of the National Guard can be very helpful on that and that'll give them training. Vice Chairman Plummer: All right. 20. CERTIFY THAT HOMELESS ASSISTANCE CENTER LOCATED AT 1550 NORTH MIAMI AVENUE IS CONSISTENT WITH CITY' S LOCAL PLANS AND REGULATIONS. Commissioner Gort: Mr. Chairman? Vice Chairman Plummer: Mr. Gort, you wish to take up a pocket item. Commissioner Gort: Yes, sir. The reason being, I thought we'd be over by the 12 and it was a pocket item and I asked the gentleman, Mr. Chapman, to be here at twelve o'clock because we were going to do pocket items and he's been waiting here for some time. If you all don't mind, I'd like to bring this up. 82 July 21, 1998 Commissioner Teele: Second the motion. Vice Chairman Plummer: No excuses. Do the thing. Commissioner Gort: This is a proposal to have the Homeless Assistance Center, located 1550 Miami Avenue, designated as Qualified Project under the State of Florida Community Contribution Tax Credit Program. Therefore, this will allow a lot of the corporations, that the State of Florida assigned this to them, to receive funding to expand the services that is being provided to... Commissioner Teele: Second the motion. Vice Chairman Plummer: Any further discussion? Hearing none. All in favor, say "aye." Opposition? Unanimous vote. Thank you, sir. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-753 A RESOLUTION CERTIFYING THAT THE HOMELESS ASSISTANCE CENTER, LOCATED AT 1550 N. MIAMI AVENUE, MIAMI, FLORIDA, WHICH PROVIDES HOUSING AND SERVICES TO HOMELESS, LOW INCOME PERSONS IS CONSISTENT WITH THE CITY'S LOCAL PLANS AND REGULATIONS. (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. 83 July 21, 1998 21. DISCUSS / DIRECT CITY MANAGER TO REQUEST KPMG PEAT MARWICK TO RETURN NO LATER THAN SEPTEMBER 8, 1998 WITH RECOMMENDATIONS REGARDING COMPUTER NEEDS FOR INFORMATION TECHNOLOGY DEPARTMENT — FURTHER REQUESTING KPMG TO DETERMINE WHETHER COMPARABLE CITIES HAVE OPTIONS OTHER THAN TRADITIONAL APPROACH TO INFORMATION TECHNOLOGY — DIRECT MANAGER TO HAVE DIRECTOR OF GENERAL SERVICES PRESENT DURING AFTERNOON SESSION — FURTHER SCHEDULING DISCUSSION OF AGENDA ITEM 2 (REPLACEMENT OF UNYSIS MAINFRAME) FOR AFTERNOON SESSION, WITH NO DECISION TO BE MADE UNTIL SEPTEMBER 8, 1998 — SEE LABELS 10 AND 37. Vice Chairman Plummer: I want to call on the vegetable KYP... Mr. Rodriguez: KPMG. Vice Chairman Plummer: Yes. Mr. Rodriguez: Mr. Vice Chairman. I had an opportunity to meet with your IT (Information Technology) director after I left. I can't stand up here and tell you whether to stay with the Unisys System or go to another platform is the right thing to do. I can tell you that your IT director has some very critical dates that he's facing. The December date, where Unisys will stop servicing your existing systems and you're availability for parts may be limited. Another issue is that... Vice Chairman Plummer: Let me stop you for a minute. Are you saying to me that you feel that you need more time to look into this matter more thoroughly? Mr. Rodriguez: If you want a professional opinion from me, yes, sir. Vice Chairman Plummer: That's what I thought we asked for. Mr. Rodriguez: I can't do that in a matter of two hours, four hours or week, sir. Vice Chairman Plummer: Then, sir, can you do it in 30 days? Mr. Rodriguez: I sure can. I can work with that. Vice Chairman Plummer: All right. Then I think that's... Commissioner Teele: Well ... but hold it, J.L. I want to defer to your observations, Commissioner Plummer, about this firm. Now, I support KPMG for the full term of the contract. I happen to think they're doing an outstanding job. I personally do, having interacted with them with the CRA and several other areas. But we got into this on those studies, those organizational studies that were mandated. Vice Chairman Plummer: Right. Commissioner Teele: I don't know if KPMG is who we want to use to do that or not. I mean, if that's who you want to use, I support it. But I think the real issue here is that the management should give us an outside recommendation on this. And I don't think there's any disagreement that we have full support in Donald Warshaw and I have support, I know, for the ITD director, but I think a decision like this should be 84 July 21, 1998 supported by an independent recommendation and I... Vice Chairman Plummer: Mr. Teele, as you are aware, sir, I have had my problems with the vegetables. But, in this particular case, I think time is of the essence and, as such, if they are within the dollar remarks of what we can afford, I think it is money well spent, OK? So, sir, keeping in mind that you can give us a real deal, then I would say to you, can you come back by no later than September the 8th? Mr. Rodriguez: Yes, sir. Vice Chairman Plummer: OK. I think that's what this Commission is looking for. And now we'll go back to Item 22. Commissioner Gort: Also, the question... Vice Chairman Plummer: I'm sorry. Commissioner Gort: One of the questions... Mr. Rodriguez, my understanding is, one of the worries is, as of December, no longer do we have the support of Unisys. Is there anyone else that can provide that support or that service? Mr. Rodriguez: Well, I'm not an expert in computers but I do know ... there are couple of key dates that I think this Commission ought to be aware of today. One is the December date, as far as your support and what you don't do or the support that will be available and possibly replacement parts and things of that issue. Vice Chairman Plummer: You know, stop. Does that sound like a company who wants to work with you and cooperate with you or is it the company who wants to give us fifty thousand dollars ($50,000) for our machines so they can have parts to sell the rest of the world? You know, it would seem like to me that that company would bend over backwards to get a seven million dollar ($7,000,000) account and say, gentlemen, if you feel it's necessary, we want to cooperate and we want to work with you. Don't come in here and tell me, hey, December, Buddy, you're without. Now, that's the wrong way, in my opinion, to do business. Mr. Rodriguez: Commissioner, I'm not disagreeing with you. I'm just telling you what I've been told by Information Department. Commissioner Gort: Thank you. Commissioner Teele: In your review, would you determine whether or not there are any other options, other than the traditional approach? For example, I don't know what the University of Miami or FIU has or what the County has or what the Clerk ... the Clerk of the Court, which is a different constitutional office from the County, that has its own system, or what the State of Florida has or Fort Lauderdale, but are there ... there may be a technology that we can buy into that is servicing a government that is of our size and of our diversity. I mean, you know, we're the only city of our size, I guess, in the state but Fort Lauderdale, maybe even Miami Beach, maybe even Tampa, maybe even Jacksonville. I mean, I think we should look creatively. Just like we talked about last week in terms of buying off of other purchase orders. We don't have to do this thing ... go this thing alone. Every city in the nation is confronting the same problem we're confronting and there's got to be other solutions than staying with the guys that we're with. I mean, somebody ... it may even be Dallas or Fort Worth or it may be, you know, Jackson, Mississippi, but we ought to look at comparable cities of comparable size and seeing if there's a buy -in to a technology that may 85 July 21, 1998 already be 10 years down the road. Mr. Rodriguez: And that's what we'll do, but that's not what I'm qualified to do here today. Vice Chairman Plummer: No, but there's people in your organization that are. Mr. Rodriguez: Yes, they are. Yes Vice Chairman Plummer: OK, fine. Let's move on. You know, on that same thing. Mr. Manager, is there any truth to the fact that G... have GSA (General Service Administration) here this afternoon. I want to ask them a question about motorcycles. Ms. Dougherty: Mr. Commissioner, can I just ask a question? Vice Chairman Plummer: Miss Dougherty. Ms. Dougherty: Is this Item Number 2? Are we going to take that up this afternoon, about Unisys? Vice Chairman Plummer: No, ma'am. It's going to be deferred until September the 8th. Ms. Dougherty: Mr. Commissioner, could you have ... give us a chance to a least speak on the issue or visit with you before that? Vice Chairman Plummer: You can on September 8th. Ms. Dougherty: You deferred it from this morning. My clients were here. They've flown in from all parts of the country and they'll be back this afternoon, so I'd really appreciate the time and opportunity to speak with you about the issue. Vice Chairman Plummer: Well, OK. I'll tell you what I'll do, I'll give you time to have your clients speak this afternoon but fully understand that we're not going to make any decisions until that report comes back on September the 8th. Ms. Dougherty: Thank you. 86 July 21, 1998 22. AUTHORIZE CONVEYANCE OF APPROXIMATELY 15,087 SQUARE FEET OF CITY OWNED REAL PROPERTY TO FLORIDA DEPARTMENT OF TRANSPORTATION — FOR USE AS RIGHT- OF-WAY IN CONNECTION WITH SOUTHWEST 2 AVENUE BRIDGE RECONSTRUCTION, AT SALE PRICE OF $778,000 — DIRECT CITY MANAGER TO ENSURE RESTORATION OF PARKING SPACES GIVEN TO DEPARTMENT OF TRANSPORTATION DURING BRIDGE CONSTRUCTION ALONG SOUTHWEST SECOND AVENUE — FURTHER DIRECTING MANAGER TO REVIEW COST OF PROVIDING SECURITY AT MIAMI RIVERSIDE CENTER. Vice Chairman Plummer: All right. Item 22. Commissioner Teele: And another thing, next time, Lucia, have them come in the night before and spend the night. That's the only way we make money in this town is the bed nights. All this flying in the day of doesn't work. Vice Chairman Plummer: We get money in the hotel. Ms. Dougherty: No, they were here last night. Commissioner Regalado: J.L? Vice Chairman Plummer: Excuse me. The Chief has... Commissioner Regalado: Twenty-one. Twenty-one. Vice Chairman Plummer: No. The Chief has asked that 21 be this afternoon, OK? Commissioner Regalado: Oh, OK. Vice Chairman Plummer: We're now on 22. Is there a motion? Ms. Bianchino: Sir, I just want you to know, there's a resolution being passed around, which slightly modifies the resolution that was on the agenda. The sale remains the same and all the terms of the sale are the same. Commissioner Teele: Move the amended. Vice Chairman Plummer: Move the amended. Seconded by Sanchez. Commissioner Sanchez: Discussion. No, I have a discussion. Vice Chairman Plummer: You have a question? Commissioner Sanchez: Discussion. Vice Chairman Plummer: Discussion. Go ahead. Commissioner Regalado: Got a question too. 87 July 21, 1998 Commissioner Sanchez: My concern is, after reviewing the plans, that one of the things that concern me is that we may not have enough parking for the MRC (Miami Riverside Center) building, so I would ask that we replace the Off -Street Parking or fine Off -Street Parking to the visitors at the MRC. Vice Chairman Plummer: Excuse me, gentlemen. If you wish to have a private meeting... thank you. I'm sorry to interrupt. Commissioner Sanchez: Well, concerning the bridge. When the bridge is done, there may not be adequate parking for the visitors visiting the MRC, which is the blood vessel of our city. All the things are done there. Vice Chairman Plummer: This isn't even close to it, is it? Ms. Bianchino: No. This is... Vice Chairman Plummer: The parking is not close to the bridge. Ms. Bianchino: No, no. He's talking about the Off -Street Parking meters that will be removed from Southwest 2nd Avenue when the bridge is completed. Vice Chairman Plummer: I think they ought to have been removed anyhow. People go into City of Miami to have to do business, they got to pay for parking. I think it's ridiculous. Commissioner Regalado: No, no, no. They don't have to pay for parking. They gamble because, you know, whenever they are late with the meeting, they get a ticket. Vice Chairman Plummer: Oh, knock it off. I hear you. Commissioner Regalado: No, no. Vice Chairman Plummer: You know, hey. Regalado, let me tell you, we have a different philosophy and that's good. You know, I drove by MRC the other day, all right. And I'll tell you something, it is a gorgeous building. But let tell you, when I look at all of that land in a City that's financially hurting and I see that land is there for nothing but to mow the grass, that we need parking in that particular area and it is a gorgeous facility if we had millions of dollars and we got to do nothing but maintenance. I'm telling you, here we are with a building... we're serving the public and the public do not have the access through the garage. That's reserved for the employees. Commissioner Regalado: That's what I'm saying. Vice Chairman Plummer: And I'll tell you that, as far as... Commissioner Regalado: That's what I'm saying. Vice Chairman Plummer: All right. Now, the employees, to a certain extent, need parking space but I ... who are we serving? I mean, are we serving the public? Then if we should, I think we should go every inch of the way to try and provide adequate, which... Commissioner Sanchez: Vice Chairman? Vice Chairman Plummer: Mr. Sanchez. 88 July 21, 1998 Commissioner Sanchez: All that I ask for, is that the parking that is taken away, due to the construction, be replaced so people have parking to visit MRC building. Vice Chairman Plummer: Have you so noted? Ms. Bianchino: Yes, sir. Vice Chairman Plummer: Thank you. Mr. Gort. Commissioner Gort: It's very simple. The Off -Street Parking has got the contracts. All the parking underneath the bridge is right across the street. It's the same distance. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: W. Chairman, I think you and Commissioner Regalado and Commissioner Sanchez are saying the same thing. I'm unaware, I think, to the extent that my colleagues are but I certainly associate myself with the fact that people that are coming to the City Hall or the City MRC building to do business should not have the additional frustration of trying to find parking, and I would amend this resolution by instructing the Manager and Public Works to work with Off -Street Parking to accommodate additional parking as a part of this resolution. I would also ask the director, when do you plan to close this? You know, you're dealing with government now. You know, DOT (Department of Transportation) is notoriously... Vice Chairman Plummer: Slow. Commissioner Teele: ...deliberate. Ms. Bianchino: We have been told by DO ... FDOT (Florida Department of Transportation) that, as soon as this agreement is hammered out, that we can close. Commissioner Teele: All right. Well, I will put a proviso that providing... this resolution is passed, providing that the closing is by September 15th. Vice Chairman Plummer: So amended. And I have one other question. Where is the seven hundred and seventy-eight thousand dollars ($778,000) going? Commissioner Teele: General Fund. Ms. Bianchino: General Fund. Mr. Warshaw: Into the General Fund. Vice Chairman Plummer: You know, that's one big pot over there. Commissioner Regalado: I got a question. Vice Chairman Plummer: OK. All in favor of item... Commissioner Regalado: Question, question. Just one brief question. Dena, what was the plan of...in the 89 July 21, 1998 past with this property? Ms. Bianchino: OK. The tract that's being impacted by the bridge is Tract 1, which is the vacant parcel directly south of the MRC building. It's the opened green area that, right now, it's very difficult to get to by vehicle because there's no... Vice Chairman Plummer: That's referred to as the party area. Ms. Bianchino: OK, it's the party area. There never has been a formal plan for that particular piece of property. It has never been designated for sale. It could be sold. There was discussion at one point that it ultimately be used as a new City Hall and Commission Chambers, but there is no plan for that particular site. Vice Chairman Plummer: Water taxi. Commissioner Regalado: No, I'm talking about this particular property that we're selling to DOT. Ms. Bianchino: It's an easement area. It's just widening the street. There was no plan. It's just taking the road and widening it. There was no plan for this property. Commissioner Regalado: So, had we decided to give it away to the DOT in the past, we would have done that? Ms. Bianchino: In the past we would have given it away but we negotiated with them and got what we think is fair market value for the property. Vice Chairman Plummer: OK. What do you want, Boom -Boom? Mr. Goenaga: Well, why is the ... I go beyond that. What is the issue with this center building are ... do we have environmental problems? Vice Chairman Plummer: We're widening the road. W. Goenaga: Are we going to sell that building? Are we going to get... Vice Chairman Plummer: No, sir. Read the agenda. Mr. Goenaga: So, we don't have any health problem with that building? Vice Chairman Plummer: No sir. None whatsoever. Mr. Goenaga: Well, I have been deceived. Vice Chairman Plummer: All in favor say "aye." Opposition? Show unanimous ballot. 90 July 21, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-754 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 15,087 SQUARE FEET OF CITY -OWNED REAL PROPERTY, HEREINAFTER REFERRED TO AS PARCEL 120, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (THE "PROPERTY"), TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR USE AS RIGHT-OF-WAY IN CONNECTION WITH THE SOUTHWEST 2 AVENUE BRIDGE RECONSTRUCTION (THE "PROJECT"), AT A SALE PRICE OF $778,000, SUBJECT TO SAID SALE CLOSING BY SEPTEMBER 15, 1998; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("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; AUTHORIZING THE CITY MANAGER TO EXECUTE, AT CLOSING, A JOINT PARTICIPATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE FOR CITY REVIEW AND COMMENT ON THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE, AT CLOSING, A TEMPORARY RIGHT OF ACCESS AGREEMENT, IN A FORM ACCEPTABLE TOTHE CITY ATTORNEY, PERMITTING FDOT TO UTILIZE APPROXIMATELY 8,754 S.F. OF CITY -OWNED LAND HEREINAFTER REFERRED TO AS PARCEL 702, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF (THE "STAGING AREA"), FOR USE AS A CONSTRUCTION STAGING AREA FOR A PERIOD OF THREE YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 91 July 21, 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. Vice Chairman Plummer: Item 23. Commissioner Gort: You know ... Mr. Vice Chairman? Vice Chairman Plummer: Mr. Gort. Commissioner Gort: One of the things that I would like see in that building... it's a beautiful architectural building but, unfortunate, the sign that we have there, I understand, I think it needs to be replaced. Mr. Warshaw: Commissioner, I already instructed that a sign come back to me with a cost, that I'll bring to the Commission. In addition to that, I've requested and is designing a directory for the lobby so people who come into the building know what floor and where to go, so those are definitely things that I will... Commissioner Gort: Thank you. Vice Chairman Plummer: Are you going to be able to do anything about a hundreds of thousands of dollars we pay for security in that building, which I never, for life of me, understood why it was necessary? I wish you'd look at it. Mr. Warshaw: OK. Vice Chairman Plummer: I mean, when they close up at 8:00... like this place, we don't even have a burglar alarm in this place. No. I mean, I don't know what's here that anybody would want to steal. We don't have a burglar alarm. But you and the Police Department, you got seven, eight nine hundred policemen and you've got to have a guard at each door. The MRC building has got security all night long? For what? I don't know what for. Look at it and come back. Item 23. 92 July 21, 1998 23. AUTHORIZE CITY MANAGER TO EXECUTE LICENSE AGREEMENT WITH MIAMI-DADE COUNTY AVIATION DEPARTMENT — FOR PURPOSE OF INSTALLING, OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT, TO BE LOCATED IN KINLOCH PARK, BRYAN PARK, DAWKINS PARK, ALICE WAINWRIGHT PARK AND MORNINGSIDE BAYFRONT PARK — FOR PURPOSE OF DETECTING AND MEASURING NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VICINITY OF MIAMI INTERNATIONAL AIRPORT —SAID EQUIPMENT TO ALSO BE NEGOTIATED FOR PLACEMENT AT COMSTOCK. Ms. Bianchino: This item, I think Commissioner Regalado is very familiar with. It's the Dade County Aviation. Vice Chairman Plummer: Moved by Regalado. Seconded by Gort. Commissioner Sanchez: Second. Commissioner Gort: Excuse me, excuse me. Commissioner Regalado: OK. Can I say something before Willie? Excuse me. Vice Chairman Plummer: Yes. Commissioner Regalado: First of all, I'd like to commend Francisco Garcia from the Planning Department for his work on this. I also want to commend three residents of the City of Miami, Captain Eduardo Ferrer, Captain Charles McCoy and Charles Flowers. They've been attending, like I have done in most of the cases, to the meeting regarding the noise abatement from MIA (Miami International Airport) and I will tell you, that the City of Miami is the last municipality to get this noise detectors and the County wanted, by the way, to blame this on the City staff, which, I think, it was very unfair. I will tell you, before you all discuss this, that there is a possibility, a real possibility, to reduce the noise pollution over the City of Miami. We can do it. It's not going to cost a lot of money. Not a penny to us. It's just ... we have to work with the airlines and the FAA and the tower. But I will tell you that, if we follow what we are doing right now and if we put pressure on the County, we can reduce the noise level. You know, people think that they are used to the noise level in the City of Miami, but I will tell you that we can reduce what we have now by 40 percent. I will assure you that we can do that if the Administration will give us the support, if this Commission and the Mayor will give us this support. Because I will tell you, J.L., Key Biscayne, Hialeah Gardens, Miami Springs, they all have their noise detector. They all have their plans. All the Mayors and the Commissioners are always there and because ... and they get from the County whatever they want, especially Key Biscayne. I mean, they were the first ones to get noise detector and their noise detector were installed about three months or four months ago. So we're the last one. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Well, I have a question in the selection and since you were in charge of that ... you're the one that participating but I'm surprised that two parks, which received the most noise, which is Grapeland and Comstock, they're not included. Ms. Bianchino: OK. On Grapeland Park we had a long discussion with Dade County about that. They have a meter installed approximately two blocks away from the park, so they're covering that one. In regard 93 July 21, 1998 to Comstock, we did not discuss it. However, we did negotiate with them. They have additional equipment and we have the right to ask for additional monitoring devices to be placed, so I can follow up with... Commissioner Regalado: And I think that you should. Because Comstock ... I mean, the three towers buildings, you can see the plane, say hello to the passengers because ... and that's an area very well affected. And I will tell ... I will tell you something... and Francisco could tell you that because he knows that a lot. I would request from the Manager to have on the agenda by September a personal appearance of the team that is representing Miami. But I will tell you something. Seventy percent of the noise from Miami International Airport goes into the City of Miami. Vice Chairman Plummer: Oh, absolutely. Commissioner Gort: Yes. Commissioner Regalado: Seventy percent. Commissioner Regalado: Is that... Francisco? Vice Chairman Plummer: Well, you know, we used to have a planning director around here who always said ... Dudly... whatever Dudly's name was. He always said ... he said that the pattern over the airport should be over a cemetery, then there would be no complaints. Ms. Bianchmo: Can I just... Vice Chairman Plummer: All in favor of Item 23? Show it unanimous. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-755 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ("AGREEMENT"), PERMITTING MIAMI DADE COUNTY TO ENTER UPON KINLOCH PARK, BRYAN PARK, DAWKINS PARK, ALICE WAINWRIGHT PARK, MORNINGSIDE BAYFRONT PARK, AND BAYFRONT PARK, FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING NOISE MONITORING EQUIPMENT TO DETECT AND MEASURE NOISE LEVELS ON THE GROUND GENERATED BY AIRCRAFT IN THE VACINITY OF MIAMI INTERNATIONAL AIRPORT; PROVIDING FOR A TERM OF FIVE YEARS WITH AN OPTION TO RENEW FOR ONE ADDITIONAL FIVE YEAR TERM, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 94 July 21, 1998 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 Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 24. APPROVE REVOCABLE LICENSE AGREEMENT OF 875 SQUARE FEET OF CITY OWNED REAL PROPERTY WITH IMPROVEMENTS LOCATED AT 525 NORTHWEST 62 STREET, MIAMI, FLORIDA, TO INNER CITY YOUTH, INC. Vice Chairman Plummer: Item 24, Revocable Lease at 525 Northwest 62nd Street, the Inner City Youth, at...a square foot. Wait a minute. A total rental of 950? Am I reading wrong? Ms. Bianchino. Yeah, it's seven...no, no. Per square foot. The rent ... the monthly rental is five hundred and ten dollars and forty-two cents ($510.42.) Vice Chairman Plummer: Excuse me. At a total rental rate of nine and fifty dollars ($9.50). Ms. Bianchino: I'm sorry, Commissioner. Where are you reading? Mr. Warshaw: Look at the backup, the second... Vice Chairman Plummer: Forget about the backup. I am on the agenda which the public read. It says a total cost of nine dollars and fifty cents ($9.50). Commissioner Gort: The square feet. Mr. Warshaw: That's a mistake, Commissioner. The rental is five hundred and ten dollars and forty-two cents ($510.42.) per month. Vice Chairman Plummer: Get out the whip. Get the whip. OK. Understood. Commissioner Teele: So move, Mr. Chairman. Commissioner Gort: Second. Vice Chairman Plummer: OK. All in favor, say "aye." Opposition? Show unanimous. The Commission (Collectively): Aye. 95 July 21, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-756 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, THEREBY PERMITTING INNER CITY YOUTH, INC. TO OCCUPY AND USE ON A MONTH -TO -MONTH BASIS, APPROXIMATELY 875 SQUARE FEET OF SPACE WITHIN THE BUILDING SITUATED IN RANGE PARK, LOCATED AT APPROXIMATELY 525 N.W. 62 STREET, MIAMI, FL, AT A TOTAL FEE OF $9.50 PER SQUARE FOOT, FOR A TOTAL MONTHLY AMOUNT OF $692.71, FOR THE PURPOSE OF PROVIDING COMPUTER EDUCATION, AND 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 TRANSACTION IN AN EXPEDITIOUS MANNER. (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. 96 July 21, 1998 25. AUTHORIZE / DIRECT CITY MANAGER TO ENGAGE SERVICES OF QUALIFIED PROFESSIONAL(S) TO CONDUCT GRANT CLOSE OUT ACTIVITIES FOR ALL COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) GRANTS, AND ALL OTHER U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDED PROGRAMS THAT ARE ELIGIBLE FOR CLOSE OUT — FOR AN AMOUNT NOT TO EXCEED $50,000, FROM THE 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE FUNDS. Vice Chairman Plummer: Item 25. CDBG Block Grants for Home Investment Partnership Programs. In the amount of fifty thousand dollars ($50,000). Is there a motion? Commissioner Teele: So moved... Vice Chairman Plummer: Is there a second? Commissioner Gort: Second. Discussion. Vice Chairman Plummer: Any opposition? Oh, oh Sam? Sam? Mr. Sam Mason: Twenty-five "A." Vice Chairman Plummer: Twenty-five. Commissioner Gort: No, 25A he wants to speak on. Vice Chairman Plummer: Twenty-five "A." You're next item. Gwendolyn. Commissioner Gort: On 25, I don't... Vice Chairman Plummer: We're on 25. Commissioner Gort: Yes. Commissioner Teele: Call the question. Commissioner Gort: I've got a question. Vice Chairman Plummer: Wait a minute. Hold on. The Department Director has any comment? Ms. Gwendolyn Warren (Director/Community Development Department): No, sir. Vice Chairman Plummer: All in favor, say "aye" on 25. Commissioner Teele: Hold it. Commissioner Gort has a question. Commissioner Gort: I got a question, J.L. Excuse me. Vice Chairman Plummer: I'm sorry. 97 July 21, 1998 Commissioner Gort: It doesn't pay to be quiet in here. You have to yell and... Vice Chairman Plummer: Well, punch me. Commissioner Gort: My question is, how are we going to go about getting the consultant to do this? Because this is a very specialized field. Ms. Warren: It is a highly specialized field. There are individuals in the area who are doing it for other municipalities. I also will be talking to our regional HUD (Housing and Urban Development) office for recommendations from them. Commissioner Gort: Thank you. Vice Chairman Plummer: OK. All in favor say ... on 25 say "aye." Opposition? The Commission (Collectively): Aye. Vice Chairman Plummer: Showing none. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-757 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENGAGE THE SERVICES OF A QUALIFIED PROFESSIONAL(S) TO CONDUCT GRANT CLOSE OUT ACTIVITIES FOR ALL COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG), HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) GRANTS, AND ALL OTHER U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDED PROGRAMS THAT ARE ELIGIBLE FOR CLOSE- OUT, FOR AN AMOUNT NOT TO EXCEED $50,000.00, WITH FUNDS THEREFOR BEING AVAILABLE FROM THE 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE FUNDS (PROJECT NO. 799302-452423). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 98 July 21, 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. 26. AUTHORIZE / DIRECT CITY MANAGER TO PREPARE STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR BUSINESS CORRIDOR IN THE MODEL CITY TARGET AREA, FOCUSING ON COMMERCIAL PROPERTIES ALONG NW 621 STREET AND 17TH AVENUE, MIAMI, FLORIDA, AND EXPANDED COMMERCIAL ACTIVITIES TO NW 61sT STREET, BETWEEN 12TH AND 14TH AVENUES, MIAMI, FLORIDA — DIRECT CITY MANAGER TO MEET WITH SAM MASON TO ADDRESS FACADE PROGRAM IN MODEL CITY AREA. Vice Chairman Plummer: Twenty-five "A." Commissioner Teele: So move. Vice Chairman Plummer: Moved by Teele. Seconded by. Commissioner Regalado: Second. Vice Chairman Plummer: Regalado. Under discussion. Mr. Mason. For the record, your name and mailing address, please. Mr. Samuel Mason: Samuel Mason, 5524 Northwest 7th Avenue. Commissioners, in terms of this resolution, we want to support it but what we're saying, that some part ought to be specifically stated that it be for facade in the Model City's area. It don't state it in this particular area. We want that clause in there, that it ... that a certain portion of this study be done facade. Commissioner Teele: Well, facade treatment would be a part of the study. Vice Chairman Plummer: Of course. Commissioner Teele: That's a part of the study. Mr. Mason: As long as ... I just ... I don't have that understanding. Now I have it, so I have no problem. Vice Chairman Plummer: Let's understand. And, unfortunately, we have to tell the truth and truth is, that we send a lot of money up to Model City's for facade programs. They got their fifty thousand dollars ($50,000) administrative fee and, Sam, they produced no facades. The money was there. They got their 99 July 21, 1998 administrative fee. And nothing ... even though there was a goal of each administrator to do at least 10, unfortunately, my friend, they did none. Hopefully, it's going to change and we'll do better. Commissioner Teele: But this is not a ... this is a corridor study. This is not a facade program. This is designed to say, how can we ... what kind of zoning changes? What kind of variances? What kind of parking amenities? 1 was just talking... Vice Chairman Plummer: It's very, very, very... Commissioner Teele: It's a ... how do we make this corridor look like Brickell or how do we make this corridor function like Calle Ocho? That's what this is about. This is not about doing improvements. Now, looking at facades and how to recommend structuring facades will be a part of it. And Commissioner Plummer is right. There have been no dollars expended in facade —for facades in Liberty City for the last two years and the reason is because the contractor that was selected got the administrative dollars and didn't do any of the work apparently, so... Vice Chairman Plummer: All right. I think Mr... Commissioner Teele: Apparently, I don't know that to be the whole case but I do know that none of the dollars had been expended for facade. Vice Chairman Plummer: I think Mr. Mason's concerns are going to be addressed in there and, Mr. Manager, I would hope that you would look after Mr. Mason's concerns. All in favor on 25A, say "aye." Opposition? The Commission (Collectively): Aye. Vice Chairman Plummer: Show unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-758 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE A STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR A BUSINESS CORRIDOR IN THE MODEL CITY TARGET AREA, FOCUSING ON COMMERCIAL PROPERTIES ALONG NW 62ND STREET AND 17TH AVENUE, MIAMI, FLORIDA AND EXPANDED COMMERCIAL ACTIVITIES TO NW 61ST STREET, BETWEEN 12TH AND 14TH AVENUES, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER, THROUGH THE APPROPRIATE DEPARTMENTS, TO WORK IN CONJUNCTION WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO CREATE AND ESTABLISH A PILOT PROGRAM FOR SAID CORRIDOR FOR ADOPTION BY THE CITY COMMISSION; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO IDENTIFY AND ALLOCATE UP TO $100,000 OF 24TH YEAR CDBG PROGRAM FUNDS AND CDBG CONTINGENCY FUNDS FOR SAID PURPOSES. 100 July 21, 1998 (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Tomas Regalado 27. AUTHORIZE / DIRECT CITY MANAGER TO PREPARE STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR BUSINESS CORRIDOR IN THE WEST GROVE TARGET AREA, FOCUSING ON COMMERCIAL PROPERTIES ALONG SW GRAND AVENUE AND SW 37TH AVENUE, MIAMI, FLORIDA — FURTHER AUTHORIZING AND DIRECTING CITY MANAGER TO IDENTIFY UP TO $50,000 OF 24TH YEAR CDBG PROGRAM FUNDS AND CDBG CONTINGENCY FUNDS FOR SAID PURPOSES. FURTHER COMMENT FROM COMMISSIONER GORT CONCERNING EMPOWERMENT ZONE WORKSHOP. Vice Chairman Plummer: The same thing on 25B. Commissioner Teele: Move 25B. Vice Chairman Plummer: By Teele. Seconded by Gort. Is there any further discussion? Mr. Boom -Boom. Mr. Goenaga: Yes. I know that you don't like me to speak but because I speak the truth and I bring a lot of input that should be considered by the honorable Commissioners. Vice Chairman Plummer: Absolutely. Mr. Goenaga: My position is very simple. Let's integrate all these issues to try to get the Empowerment Zone for Miami. Unless we cooperate, instead of fighting among each other and there is a total integration and cooperation among all agencies, we will never get what is most desirable as the federal empowerment zone. Vice Chairman Plummer: Thank you, sir. Commissioner Teele: Call the question. Commissioner Gort: For your information... OK, call the question. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: No, go ahead. Call the question. 101 July 21, 1998 Vice Chairman Plummer: All in favor, say "aye.". All oppose? The Commission (Collectively): Aye. Vice Chairman Plummer: Show unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-759 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE A STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR A BUSINESS CORRIDOR IN THE WEST GROVE TARGET AREA, FOCUSING ON COMMERCIAL PROPERTIES ALONG SW GRAND AVENUE AND SW 37TH AVENUE, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER, THROUGH THE APPROPRIATE DEPARTMENTS, TO WORK IN CONJUNCTION WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO CREATE AND ESTABLISH A PILOT PROGRAM FOR SAID CORRIDOR FOR ADOPTION BY THE CITY COMMISSION; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO IDENTIFY AND ALLOCATE UP TO $50,000 OF 24TH YEAR CDBG PROGRAM FUNDS AND CDBG CONTINGENCY FUNDS FOR SAID PURPOSES. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Sanchez Commissioner Regalado 102 July 21, 1998 28. DISCUSS OCCUPATIONAL LICENSE ORDINANCE AND HORACIO AGUIRRE & ASSOCIATES — DIRECT CITY MANAGER AND CITY ATTORNEY TO IMPANEL NEW TAX EQUITY STUDY COMMISSION TO REVIEW OCCUPATIONAL LICENSE FEE — FURTHER STIPULATING COMPOSITION OF COMMISSION, WITH REPORT BACK TO CITY COMMISSION IN 180 DAYS. Vice Chairman Plummer: I'm going to take... Commissioner Gort: For their information, I'd like to stress that, on Saturday, the staff of the City of Miami was presented at the workshop that they had all day for the Empowerment Zone. We all agreed on a theme. Everybody. There was people from all over Dade County. Agreed on the same theme, one goal, one community. And I can tell you, we working very close, our staff and their staff. Just for your information purposes. Vice Chairman Plummer: I'm going to take an item out of order. Mr. Horacio Aguirre wishes to be heard in reference to his occupational license and I'm going to take one other out of order and that will be ... actually, the Mable Miller Ordinance because they are here and I don't want them to have to come back this afternoon. Mr. Aguirre, you're on. These will be the last two items before lunch. We will reconvene at 2:30. Mr. Horacio Aguirre: Thank you very much, Commissioner Plummer. My name is Horacio Stuart Aguirre, 2504 Southwest 22nd Avenue, Miami, Florida. Commissioner Plummer, Gort, Teele and Regalado, I believe there is a gross inequity in the manner and fashion in which the City of Miami assesses the occupational license fee on a mortgage brokerage business and a mortgage broker associate. The fee assessed to an attorney, a physician, a CPA and an architect in this City of Miami is one hundred and ten dollars ($110). The fee assessed a real estate broker is sixty-five dollar ($65). In great contrast, the fee assessed a mortgage brokerage business is a whopping four hundred dollars ($400). By comparison, this is almost three times what it is in the City of Coral Gables or other municipalities. And I am hereby requesting the City Commission to consider changing the ordinance to make the fee for a mortgage brokerage business the same as a real estate brokerage business. Vice Chairman Plummer: Mr. Manager? You know, this has been going on for a year with this gentleman. Hello. Are we calling collect? Commissioner Regalado: Excuse me? Excuse me? Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Two things here. Horacio was fined. Does he need to pay the fine because of that... Vice Chairman Plummer: We'll take care ... no, we can waive it. Hello guys. Ms. Reyes: My name is Lourdes Reyes. I'm the Comptroller for the City of Miami. The way that the occupational license fees are set is through a committee. This committee has a representative from each Commissioner. They meet ... or they can change fees once every two years. This committee met and set all the fees for all the different businesses in the City of Miami. 103 July 21, 1998 Commissioner Regalado: Excuse me. What committee was it? Mr. Maxwell: Excuse me. Commissioners, in 1995, the City of Miami Commission established, pursuant to state law, a Tax Equity Study Commission. You may recall that. They had ... this Commission appointed the members. Florida Statutes require that you do that by October 1, 1995. You adopted a totally new occupational license classification schedule based on the recommendations of that committee. That committee held numerous public hearings right here in this chamber and got input from the public; formulated a rescheduled classifications scheme based on those hearings; submitted it to this Commission. This Commission had public hearings and you adopted it. Miss Reyes is correct... Vice Chairman Plummer: All right. And all of that ... Mr. Maxwell, are you telling us we legally can't or we can? Mr. Maxwell: Well, as Miss Reyes pointed out, the statute says that every ... that after October of '95, the municipalities may amend their occupational license schedules every other year. The City has not done that. You cannot do it for just one ... well, you shouldn't do it for one occupation. You should ... you would have to impanel a new commission. Vice Chairman Plummer: And when is that impaneling to be done? Commissioner Teele: Impanel what? Mr. Maxwell: A new Equity Study Commission. Commissioner Teele: I would move that a new equity study be directed and that.... Vice Chairman Plummer: Moved by Teele. Seconded by Regalado. Commissioner Regalado: I got to ask a question because, you know, I really... Vice Chairman Plummer: You're taking away your lunch. Commissioner Regalado: No, I'm not. I agree with Horacio. I think that he was fined and that was unfair. But I also have to ask the City Attorney if I can vote on this issue because he's my brother-in-law. Mr. Maxwell: Well, you won't be... Vice Chairman Plummer: Double the fee. Mr. Maxwell: If you were ... you would have a problem if you were voting to reduce his fee but that's not something I think this board has authority to do. Commissioner Teele: We don't have the power to reduce the fee. Mr. Maxwell: So, that won't be an issue you'll have to deal with. Commissioner Regalado: Well, all right. Vice Chairman Plummer: Well ... but I think, in interest and in all fairness, is it not the fact that that fee can 104 July 21, 1998 be obliterated by this City? Mr. Maxwell: Only after you go through the revision process. Vice Chairman Plummer: OK. But you're not going to enforce it until then. Mr. Maxwell: Well, sir, we have no way of not enforcing that. You cannot waive that fee against this gentleman. The fines are there. The Code Enforcement Board is imposing fines. Not only that, but your Code has a criminal provision for not paying the required occupational license fee. You don't have the alternative to waive his fee. Commissioner Teele: The only thing we can do is what I'm trying to do, which is ... I mean, I don't know how long this thing has been going on. How long has it been going on? Vice Chairman Plummer: Over a year. Commissioner Teele: But the only thing that the Commission can do is ... and correct me if I'm wrong, Mr. Attorney ... but is to order a new study. Mr. Maxwell: That's right. Commissioner Teele: And, I mean, we've wasted a year because we didn't ... I mean, you know, chasing this thing around. I'm not certain that your fees ... that the fees for mortgage brokers will be decreased but, at least, by having a study, you'll have a forum to go into and to make that case and I would ask that the study have a public hearing component to it. Mr. Maxwell: Well, you'd have to have that. Commissioner Teele: For the ... no, I'm not talking about for the Commission. I'm saying for the study. That the study have a public hearing component of the draft recommendations and that their recommendations would not come to us until they've at least heard from the public on that. Mr. Maxwell: Commissioner Teele, what we would do is exactly what did in 1995. The Commission would appoint members to that committee, that commission... Commissioner Teele: Oh, we have to appoint members to... Mr. Maxwell: Yes, sir. You appoint members to the Commission and they then would have public hearings themselves. They would look at the total classification scheme and come... Commissioner Teele: Well, how long would this reasonably take? Because now you're telling me that this resolution... we should have a time period because, if we don't have a time period, this will go on for another three years. Mr. Maxwell: Well, the one thing is, that you do have to have two hearings on the ordinance once it gets to you but you can direct the commission to come back to you by a specific time. Vice Chairman Plummer: All right. This afternoon then, we will appoint the committee, all right. And then we will have that in the process and the committee can do their thing and we can get this thing established and my member of the committee is Mr. Aguirre. OK. 105 July 21, 1998 Commissioner Teele: See but, J.L., you know, that's fine. Vice Chairman Plummer: I'm kidding, I'm kidding. Commissioner Teele: You're free to appoint anybody you want but, you know, what you're going to do is, then everybody else is going to get hit up with people who have a vested interest. Vice Chairman Plummer: OK. Art, I feel sorry for the guy to the extent ... I mean, he can afford this. Let's don't kid each other. But I have been going through process with the Administration for over a year and I cannot get ... that's why I brought it here eventually, OK. Because I could not get any satisfaction when I thought the man had a legitimate complaint. Mr. Maxwell: Commissioner? Vice Chairman Plummer: Now, we're here. Let's... Commissioner Regalado: OK. But what about the fine? Vice Chairman Plummer: Well, they're saying we can't do a damn thing about the fine. Commissioner Teele: Well, my motion would be that we authorize the committee to do the study and that they report back to us within 180 days. Vice Chairman Plummer: OK. But you've still got to appoint the committee this afternoon. Commissioner Teele: Well, we'll appoint the committee today. Whatever you direct. Vice Chairman Plummer: All right, sir. Remind me this afternoon to appoint the committee or we each appoint one. Mr. Aguirre: Thank you, gentlemen. Vice Chairman Plummer: All right. Discussion regarding a proposed... Commissioner Teele: I would recommend that we allow the Mayor to appoint ... why don't we have a seven member committee and allow the Mayor to appoint two. Vice Chairman Plummer: I have ... well, I ... what is the provision of State statute? Mr. Maxwell: It just says you shall appoint a committee. Vice Chairman Plummer: Then it shall be a six member committee. Seven. Commissioner Teele: Odd number. Vice Chairman Plummer: All right. We got a bunch of odd balls. All right. Mr. Walter Foeman: We need to do a roll call. 106 July 21, 1998 Vice Chairman Plummer: Roll call. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-760 A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO IMPANEL A NEW TAX EQUITY STUDY COMMISSION TO REVIEW OCCUPATIONAL LICENSE FEES; FURTHER STIPULATING THAT SAID COMMISSION WILL BE COMPOSED OF SEVEN MEMBERS, FIVE MEMBERS TO BE APPOINTED BY THE CITY COMMISSION (ONE PER COMMISSIONER) AND TWO TO BE APPOINTED BY THE MAYOR; FURTHER STIPULATING THAT SAID COMMITTEE IS TO HAVE A REPORT WITHIN 180 DAYS AFTER HAVING THE APPROPRIATE PUBLIC HEARINGS ON THE DRAFT RECOMMENDATIONS. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 29. DISCUSS PROPOSED VIRGINIA KEY CITIZENS' ADVISORY COMMITTEE — CREATE SEVEN MEMBER AD HOC CITIZENS ADVISORY COMMITTEE WITH STIPULATIONS — SEE LABEL 66. Vice Chairman Plummer: Now, each of you be prepared this afternoon to come back with a name, OK? All right. A proposed Citizens Advisory Committee. Hello. Ms. Arleen Weintraub: Arleen Weintraub. Vice Chairman Plummer: Let me tell the Commission very quickly. I went on Friday morning representing this Commission at the Village of Key Biscayne. I want to tell you, I was very proud of the job that our people, our staff did. We were the only ones prepared. We were only ones that attested to the thing that was going on. I will have a report to each and every one of you from my side of the standpoint. Unfortunately, we are a pawn. We are a pawn between the fight of Key Biscayne and Seaquarium. But we're going to stay in there and we're going to fight like hell and we're going to get what needs to be done. Please, your... Ms. Weintraub: Thank you. Arleen Weintraub, Assistant Director with the Department of Planning and Development. On June 9th, this Commission requested the Administration to come back with its recommendation for the formation of a Citizens Advisory Committee to provide input and advice to guide 107 July 21, 1998 the Administration and, particularly, our planning staff as we move through the process that Commissioner Plummer is also eluding to as we work with other municipalities, the state, as well as our own objectives, to develop Virginia Key, including its zoning issues that we're well along with. What we're recommending today is a seven member ad hoc committee to function as a subcommittee to the Waterfront Advisory Board. The board would meet on the second Wednesday of every month. Vice Chairman Plummer: Why is seven the magical number? Ms. Weintraub: Our suggestion is to have the Commission have one appointment each, one from the Mayor and the Waterfront Advisory Board to appoint one, so you have five, plus one, plus one. Vice Chairman Plummer: OK. Is that agreeable? Is that agreeable? Commissioner Regalado: Well, you know, I when the Manager sent a memo saying that he has decided or thought that the Waterfront Advisory Board should be the committee. I sent him a memo saying that I disagree. Because I thought that we should be more open; that different members of the community should be part of that committee and if —the problem that I think we're going to have here is that, if each of the Commissioners appoint somebody, and we should, we may appoint some friends and I think that we should appoint in terms of categories, in terms of environmentalists, in terms of...we should have a restaurant and hotel representative. You know, somebody who is very knowledgeable about roads and development. Somebody who knows about the Bay, a historian. Some categories in the committee that we could choose from this committee. But I will tell you, I think that ... you know, to be very frank, maybe, if we say well, we should not give so much participation to people that work for the environment because, after all, they going to be adversaries if we want to develop. I would tell you that this is so important. This is going to be maybe controversial. This is going to attract a lot of publicity and attention from the media, that we should have a wider participation, a wider discussion of the people who are really involved with the environment and development at the same time. So I just think that, yes, we should appoint the members of that committee and that —but they should be in terms of categories, not in terms of, you know, like he's ... he or she is my friend so, you know, like I'm going to appoint this person. Vice Chairman Plummer: OK. Ms. Weintraub: Commissioner? Vice Chairman Plummer: So it's a seven member board and I would hope that each Commissioner would keep that thought in mind and do the accordingly. I can tell you, without question, it will be ... my appointment will be a friend because my friend probably knows as much about Virginia Key as Mabel Miller and my appointment will be Dr. Linda Eaves, who was principal of the Mast Academy and is a very, very knowledgeable person and she is my friend. So, you know, you can take it from there. Let's establish the rules and let's go to lunch. The rules are, there's going to be a seven member board. Ms. Weintraub: Correct. Vice Chairman Plummer: Each member of this Commission will appoint one member to that board. The Mayor will appoint one and the Waterfront Board. That board will be answerable as an Advisory Board to the Waterfront Board and they will meet monthly? Ms. Weintraub: Yes, they meet once a month. And they advertise their meetings. They meet in this chamber. 108 July 21, 1998 Vice Chairman Plummer: That'll be fine. OK. And I think that they need really to work in concert with the Waterfront Board because it is the only ocean property that we own. Mrs. Miller, would you like to have a comment? Ms. Mabel Miller: Yes, briefly. Mabel Miller, 210 Seaview Drive, Key Biscayne, 33149. I will say that J.L. was a fine representative on Friday when there was the meeting for the Department of Community Affairs. You did a great job. Vice Chairman Plummer: Thank you. Ms. Miller: Now, I would like to say to you that we submitted to you suggestions about two weeks ago and we asked for a separate committee. We do feel ... our group feels that in your wisdom and that of the City Manager, if you have settled on this, we are willing to accept that approach, so long as it works and the people are participating. In addition, we will continue our dialogue with you, your planning people, with Dade County, the Department of Community Affairs and the Governor's office. So I'll think we're moving towards success. Commissioner Regalado: And you owe me a tour. Ms. Miller: Yes, sir. Commissioner Regalado: You owe me a tour. Ms. Miller: Yes, sir. Vice Chairman Plummer: OK. Yes, sir. Quickly. Mr. Frank Balzabre: Real quick. Frank Balzabre, 3925 Park Drive. I would like the opportunity to submit resumes of qualified individuals to each Commissioners for input. Commissioner Regalado: Yeah, you should... Vice Chairman Plummer: That's absolutely, without any question. Mr. Balzabre: Thank you very much. Vice Chairman Plummer: Everybody but me because I just made by appointment. Mr. Balzabre: You just made your appointment. I understand. Vice Chairman Plummer: OK. All right. That's fine. So we have the rules and we have the understanding. Elena, do you wish to comment? Ms. Elena: No, thank you, sir. Vice Chairman Plummer: Thank you. All in favor of rule set forth, say "aye." Opposition?. The Commission (Collectively): Aye. Vice Chairman Plummer: Show unanimous. 109 July 21, 1998 The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 98-761 A MOTION CREATING A SEVEN MEMBER AD HOC CITIZENS ADVISORY COMMITTEE FOR VIRGINIA KEY AS A SUBCOMMITTEE TO THE WATERFRONT ADVISORY BOARD TO STUDY POSSIBLE DEVELOPMENT ACTIVITIES ON VIRGINIA KEY; FURTHER STIPULATING THAT THE MAYOR AND EACH MEMBER OF THE CITY COMMISSION SHALL APPOINT ONE MEMBER, THE WATERFRONT ADVISORY BOARD APPOINTS ONE MEMBER; FURTHER STIPULATING THAT MEMBERS BE APPOINTED FROM THE FOLLOWING CATEGORIES; * ENVIRONMENTAL STUDIES AND/OR PLANNING; * ENVIRONMENTAL SCIENCES AND/OR ENGINEERING; * MARINE -RELATED BUSINESS OPERATIONS; * COMMERCIAL REAL ESTATE, TOURISM AND/OR RESORT DEVELOPMENT; * BANKING AND FINANCE; FURTHER STIPULATING THAT SAID COMMITTEE IS TO MEET ON THE SECOND WEDNESDAY OF THE MONTH, PRIOR TO THE REGULARLY SCHEDULED MEETING OF THE WATERFRONT ADVISORY BOARD, IN THE COMMISSION CHAMBERS AT CITY HALL; AND FURTHER APPOINTING DR. LINDA EAVS, FORMER PRINCIPAL OF THE MAST ACADEMY (NOMINATED BY VICE CHAIRMAN PLUMMER). (Note for the Record: Vice Chairman Plummer stated that Commissioners are to send in writing to the City Clerk the names of their appointees to the Virginia Key Citizens' Advisory Committee; further requesting the City Clerk to follow up with members of the Commission, the Mayor and the Waterfront Board to ascertain that said appointments are made by Friday (Assistant Director of Planning, Arleen Weintraub clarified date is July 31, 1998). Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez Vice Chairman Plummer: Ladies and gentlemen, we're going to come back at 2:30. I would assume we're not going to start until three but if I get three Commissioners here at 2:30, we're going to start on pocket items. I'll see you at 2:30. 110 July 21, 1998 THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 1:08 P.M. AND RECONVENED AT 2:37 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE AND COMMISSIONER GORT. Vice Chairman Plummer: Mr. Attorney? Mr. Vilarello: Yes, sir. Vice Chairman Plummer: Can I, as a point of personal privilege, go to a zoning item, seeing as how it's on the same agenda? Mr. Vilarello: You don't have a quorum? Vice Chairman Plummer: When I get a quorum. Mr. Vilarello: Yes. Vice Chairman Plummer: OK. Mr. Vilarello: Unless it's advertised to be heard at a particular time. Vice Chairman Plummer: Marty Fine, the minute I get a third in here, you're on. Mr. Clerk, would you try to find me a knot head. Is there any way I can get a third member of the Commission here? If any of you are here on the Millennium... what number is that item? Hello. Of all these people I pay, nobody knows. I pay too many. Unidentified Speaker: One of those. Vice Chairman Plummer: One of those, yeah. PZ-8. If anybody is here on PZ-8, I will not allow that item to come before the table until at least 5:00. So, that means it's 2:30. You got time to go out and have another drunk, smoke another cigarette. What are you doing here? Unidentified Speaker: I'm PZ-4. Can I have something similar? Vice Chairman Plummer: I ... no. And I say that because I have a problem with one of my Commissioners, who has a six o'clock appointment. If you don't mind going with a less than full Commission, that's a different story, but we will not have a full Commission. PZ-4, you should be heard before then, but you want it after then. Unidentified Speaker: You think it's going to be... Vice Chairman Plummer: Oh, I think it will be before five o'clock, yeah. Unidentified Speaker: You do? Vice Chairman Plummer: Yeah. That is, if I can get a third Commissioner in here. Has anybody around 111 July 21, 1998 here seen another Commissioner? Mr. Foeman: Probably the closest one is Commissioner Teele or to the Scotty's Landing or some whereabouts. I saw him walking over there. Everybody else is... 30. APPROVE WITH MODIFICATIONS MAJOR USE SPECIAL PERMIT FOR MIAMI DADE COMMUNITY COLLEGE DOWNTOWN CAMPUS PARKING GARAGE PROJECT — FOR ADDITIONAL PARKING SPACES — LOCATION: 520 NE 2 AVENUE — APPLICANT: MIAMI DADE COMMUNITY COLLEGE AND THE STERN FAMILY LIMITED PARTNERSHIP. Vice Chairman Plummer: I need another Commissioner. Marty, are you in accord with the conditions stipulated at the Zoning Board? I don't see any problem, but I am not about to tell you to leave. Ladies and gentlemen, come on in and have a seat. There's no extra charge for the front pews. We pass the collection plate and you can put the money in the front or in the back. Mr. Regalado, you seat up here is getting cold. Commissioner Regalado: Oh, I'm sorry. Vice Chairman Plummer: We're moving? Commissioner Regalado: Where? Vice Chairman Plummer: Item PZ-6, the Community College. Who is the attorney, Marty? Do you work for a living? Mr. Ben Fernandez: Right here. Good afternoon. Vice Chairman Plummer: What is your name, sir? Mr. Fernandez: Commissioner Plummer. Vice Chairman Plummer: What is your name, sir? Mr. Fernandez: Good afternoon, Commissioner. Vice Chairman Plummer: What is your name, sir? Mr. Fernandez: Ben Fernandez, Law Office... Vice Chairman Plummer: Your mailing address? Mr. Fernandez: Burkal and Rudal, 200 South... Vice Chairman Plummer: Is there a motion? Moved by Sanchez. Seconded by Regalado. Its a ...It's a resolution. Mr. Maxwell: Resolution. Vice Chairman Plummer: OK. This is in reference to the Junior College. 112 July 21, 1998 Mr. Fernandez: One thing. Vice Chairman Plummer: All in favor say "aye." Mr. Fernandez: One moment, Commissioner. With respect to the order, there are two ... Miss Slazyk, from the Department. We want to move to approve the MUSP and the special exception, with the deletion of two conditions, condition eight and 10. And I think... Vice Chairman Plummer: I asked if the conditions were in accord and agreed with. Ms. Slazyk: Good afternoon. The conditions eight and 10 are really not applicable to this case and we would agree with they're removing those conditions. Vice Chairman Plummer: And no problem with the Zoning Board? Ms. Slazyk: Nope. It was recommended for approval... Vice Chairman Plummer: All in favor, say "aye." Opposition? The Commission (Collectively): Aye. Vice Chairman Plummer: Show unanimous ballot. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-762 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE MIAMI DADE COMMUNITY COLLEGE PARKING STRUCTURE PROJECT, TO BE LOCATED AT APPROXIMATELY 520 NE 2ND AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN 24,400 SQUARE FEET OF COLLEGE SUPPORT USES AT THE GROUND FLOOR AND 2,271 PARKING SPACES ON 11 LEVELS; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF THE FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 113 July 21, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Wifredo Gort. Vice Chairman Plummer: Thank you, Mr. Fine. Always nice to have you hear. Now, Eduardo Padrone's a different story. Commissioner Regalado: That was quick. Commissioner Sanchez: He's a different story. Commissioner Regalado: Say something. Mr. Marti Fine: Can I just take a minute, Mr. Plummer, members of the Commission, and you all know so, you don't need an introduction to Dr. Padrone. But he may want to say something to you and thanks for what you have done. Mr. Eduardo Padron: I just want to ask you to keep sending your children and your relatives to get educated at the only college campus within the city limits of Miami. Thank you for your help. We're proud to be associated with you. Thank you. Vice Chairman Plummer: Thank you, Eduardo. Commissioner Sanchez: Thank you. 31. APPOINT MARY ANN DAVID TO BUDGET AND FINANCES REVIEW COMMITTEE. Vice Chairman Plummer: All right. We're back to the agenda and we are on item ... we were on some personal appearances, weren't we? Commissioner Regalado: Yeah, you got personal appearances. Vice Chairman Plummer: OK. Commissioner Regalado: No, before... Vice Chairman Plummer: The next item is ... do you want ... this is yours, Jose. You want Theater Marti now or you want to wait for a full Commission? Commissioner Sanchez: Full Commission. 114 July 21, 1998 Vice Chairman Plummer: All right. Item 32A, we'll wait for other members. Item 32B, I'll likewise. That's my particular item. Let's talk about appointments. Budget and Finance. I will recommend David ... what's her name? My auditor. Mary Ann David. Motion moved to approve. Walter Foeman: Need a seconder. Commissioner Regalado: Second. Vice Chairman Plummer: Seconded. Hearing no further discussion, all in favor, say "aye." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-763 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BUDGET AND FINANCES REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution 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 32. APPOINT MARY ANN DAVID AND ALEX FERNANDEZ TO FINANCE COMMITTEE -- SEE LABEL 44. Vice Chairman Plummer: All right. OK. Coconut Grove Parking Advisory Board for term as designated. Appointees. Commissioner Sanchez: Wait. Don't we have an appointment on that Finance Committee? Mr. Walter Foeman (City Clerk): No, not for this. This is the Coconut Grove Parking Advisory Committee, which is a different book. Commissioner Regalado: No, no. He's talking about the other one we did. He does have an appointment in the finance. Commissioner Sanchez: Yeah, on the other one. I'm talking about the Finance committee. 115 July 21, 1998 Mr. Foeman: That's not scheduled for today. Yeah, he has one for the Coconut Grove... Commissioner Regalado: No, no. He's talking about the Finance Committee. Commissioner Sanchez: The Finance Committee. Mr. Foeman: Oh, I'm sorry. Commissioner Sanchez: Are we at that one? Mr. Foeman: No. Vice Chairman Plummer: On the agenda, it was just ... mine was the only one. Commissioner Sanchez: No, I have 28A. Vice Chairman Plummer: I'm talking on Item 33. Mr. Foeman: Twenty-eight "A" is an Administration item. Commissioner Sanchez: Thirty-three. OK. Vice Chairman Plummer: Nope. On 28A, you do have committee. Commissioner Sanchez: Yes, I do. Vice Chairman Plummer: OK. Have we done 33? Mr. Clerk, have we done 33. Have we voted on thirty... Mr. Foeman: Yes, we have. Vice Chairman Plummer: Thank you, sir. On 28A, the Finance Committee. I'm also putting Mary Ann David on that committee. I had the unique ability in her, that she is both a CPA (Certified Public Account) and a lawyer and a very, very astute person. She will be my appointment. Anybody else have an appointment on 28A? Commissioner Sanchez: I do. I have Alex Fernandez. Vice Chairman Plummer: Alex Fernandez, Commissioner Sanchez: Would request he be appointed on this Finance Committee. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I will defer that. Vice Chairman Plummer: Pass until the next meeting. Commissioner Teele? Commissioner Teele: Pass. Vice Chairman Plummer: Pass until the next meeting. Motion made to approve the names proffered. Any 116 July 21, 1998 discussion? All in favor, say "aye." Opposition? None. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-764 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO SERVE AS MEMBERS OF THE FINANCE COMMITTEE PURSUANT TO THE CITY OF MIAMI DEBT MANAGEMENT POLICY: MARY ANN DAVID (Nominated by Vice Chairman Plummer). Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 33. APPOINT BRUNO CARNESELLA TO SERVE AS MEMBER OF COCONUT GROVE PARKING ADVISORY COMMITTEE. Vice Chairman Plummer: Thirty-three we've done. Thirty-four, Coconut Grove Parking Advisory Committee. Is that anybody... Mr. Walter Foeman (City Clerk): The Commission has four at large appointments on this particular one. And then there are four confirmations. Vice Chairman Plummer: Do we have names proffered? Mr. Foeman: Yes. The previous names proffered were Bruno Carnesella, Eloy Garcia, Thomas Moore, Park Cort Clark. Those people have previously served. Vice Chairman Plummer: I'll do Bruno. Mr. Regalado? Commissioner Regalado: I will defer that. Vice Chairman Plummer: Mr. Sanchez? Commissioner Sanchez: I would defer at this time. Vice Chairman Plummer: Mr. Teele? Commissioner Teele: Defer. 117 July 21, 1998 Vice Chairman Plummer: All right. All those in favor of the one name proffered, in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? None. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-765 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE PARKING 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 Sanchez, the resolution 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 [NOTE FOR THE RECORD: ITEM 35 WAS DEFERRED.] Vice Chairman Plummer: Health Facility Authority. Mr. Sanchez? Commissioner Sanchez: Defer. Vice Chairman Plummer: Pass. 34. CONFIRM APPOINTMENT OF MICHAEL McCULLOUGH AS MEMBER OF DOWNTOWN DEVELOPMENT AUTHORITY. Vice Chairman Plummer: Board of Downtown Directors of Development Authority. Whose appointee is that? Commissioner Regalado: No, that's the Commission... for the Commission to approve. They proffer a name. Mr. Walter Foeman (City Clerk): Yeah. You're just confirming the recommendation of the DDA (Downtown Development Authority) board on that. They had appointed Michael McCullough. 118 July 21, 1998 Commissioner Regalado: McCullough. OK. I move that that name will be... Vice Chairman Plummer: Wait a minute, wait a minute. Excuse me. Commissioner Regalado: J.L., they... Vice Chairman Plummer: My understanding with that group, where they were going to proffer, at all times, no less than three names per vacancy. Commissioner Regalado: No. What happened is that one person resigned. Vice Chairman Plummer: I understand that. Commissioner Regalado: Well, either ... I think that the process is, either we reject it or we approve it. Is that... Mr. Foeman: Yes. You can reject it... Vice Chairman Plummer: OK. I don't know Mr. McCullough and I have no objection. My only question being raised is, they send us one name only or is, as I understood, it was to be three names and we made our choice? Mr. Foeman: They only have ... of the 12 that comes before this Commission for ratification, they have one pending appointment because the person resigned. Vice Chairman Plummer: OK. And the name is McCullough? Mr. Foeman: Yes. Vice Chairman Plummer: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: No opposition. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-766 A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 119 July 21, 1998 Upon being seconded by Commissioner Plummer, the resolution 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 35. AMEND DEBT MANAGEMENT POLICY ESTABLISHED BY RESOLUTION NO. 98-631 TO INCLUDE THE MAYOR OR HIS DESIGNEE AS A VOTING MEMBER OF THE FINANCE COMMITTEE -- FURTHER APPROVE MAKING FINANCE DIRECTOR THE CITY MANAGER'S DESIGNEE AS SAID COMMITTEE. Vice Chairman Plummer: Item 30. OK. Now, let's go back and start taking up some of the agenda that we missed. Item 28 and that is a Mayor or his designee as a voting member of the Finance Committee. Is there a motion? Commissioner Teele: So moved. Vice Chairman Plummer: So moved by Teele. Seconded by... Commissioner Regalado: Second. Vice Chairman Plummer: Regalado. Is there any discussion? All those in favor of Item 28, say "aye." The Commission (Collectively): Aye. Vice Chairman Plummer: Opposition? Show it unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-767 A RESOLUTION, WITH ATTACHMENT, AMENDING THE DEBT MANAGEMENT POLICY ESTABLISHED BY RESOLUTION NO. 98-631, ADOPTED JUNE 23, 1998, TO INCLUDE THE MAYOR OR HIS DESIGNEE AS A VOTING MEMBER OF THE FINANCE COMMITTEE AND MAKING THE FINANCE DIRECTOR THE CITY MANAGER'S DESIGNEE ON SAID COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 120 July 21, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Wifredo Gort 36. DIRECT CITY MANAGER TO NEGOTIATE WITH KATZ, KUTTER, HAGLER, ALDERMAN, BRYANT &YON, PA AS LEAD FRM AND GREENBERG TRAUSIRG TO WORK JOINTLY TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES EFFECTIVE OCTOBER 1, 1998 — FURTHER DIRECTING MANAGER TO USE PRIOR YEAR'S AND EXISTING FISCAL YEAR BUDGETED FUNDS. Vice Chairman Plummer: Twenty-five "C", the agreement between Washington lobbyist. There was a gentleman from the firm, the losing firm that wished to be heard. Mr. John Ariale: Yes, sir. Vice Chairman Plummer: Yes, sir. If you would, stand up, give us your name and mailing address and proceed, sir. Mr. Ariale: Thank you. Mr. Vice Chairman, members of the Commission. My name is John Ariale. My address is 111 North Orange Avenue, Suite 900, Orlando, Florida, 32801. As you know, we were one of the respondents and one of the candidates considered and reviewed by your selection committee a few months ago. At the end of that process, we were ranked number one, with the Greenberg firm ranked number two. When you all considered this last Tuesday, I, unfortunately, had a previous engagement in North Carolina and was unable to get away. I was speaking at a conference that week. However, I never realized that there would be a liability to our firm, even coming in first, not having a local office. What we had been told was that a local office was never required and in the preference in the RFQ that we submitted, there was an evaluation, which included local preference and we still were ranked as we were. Certainly, the congressional delegation support that's desired under your arrangement for the RFQ calls for you to have a good relationship with your local congressional delegation, as well the rest of the State's congressional delegation to make anything happen. Therefore, the local office was not necessarily something that was stressed by the Committee. Had it been an absolute requirement, I don't ... we certainly would not have applied or responded to the RFQ. However, we did, with the understanding that it was something that we could handle. Our credentials, we still feel, are exemplary. Even as we speak, we are in the process and we have confirmed over twenty-seven million dollars ($27,000,000) worth of funding for our clients in Washington and some appropriations. We feel that our firm, and combined with Mr. Spees (phonetic) and the great relationship we have still can provide the City with the services they have and we respectfully ask you to reconsider because we're not quite sure why the rankings went and why the Commission decided to change the rankings of the Selection Committee. With that, I'll be available to answer any questions you may have, Mr. Chairman. 121 July 21, 1998 Vice Chairman Plummer: Thank you, sir. Anybody from Greenberg, Traurig wish to speak to the issue? Hearing none ... I'm sorry? Mr. Howard Vine: Thank you, Mr. Vice Chairman. My name is Howard Vine. I'm the managing partner of Greenberg, Traurig's Washington office and I would just simply leave one statement, which is a great statement made by former speaker Tip O'Neil, which I'm sure the City council can appreciate, which is, all politics are local and we think that we have a great ability, being a Miami firm, to represent the interest of this City in front of our Federal government. Thank you. Vice Chairman Plummer: Thank you, sir. Close the public hearing and ask for discussion among the Commission. Is there anybody awake? Teele, you look too peaceful. Don't everybody —you know ... God rest his soul. Steve Clark used to say, everybody wants to go to heaven but nobody wants to die. Mr. Regalado, do you have a comment, sir? Commissioner Regalado: No. Vice Chairman Plummer: Mr. Teele, do you have a comment, sir? Commissioner Teele: I asked the management, last time this issue came up, to determine from the Mayor ... I believe that the ... in this form of government, there are several positions that the office of the Mayor should have a unique relationship with, the press, office, the governmental representative. Have you all discussed this with the Mayor's office, Mr. Manager? Mr. Donald Warshaw (City Manager): No, sir. Vice Chairman Plummer: Well, the next question, you know what it is, why not? He asked you to do it. Mr. Warshaw: Commissioner, I assumed the Mayor was going to be here and would be able to voice his own feelings, if he had any on this item. Vice Chairman Plummer: He asked you to do something. Mr. Teele? You know, I have no qualms. I was the one who reversed it and put Greenberg, Traurig on the top of the burner. I made no qualms about why I did it, not to the detriment of the Washington firm. But here I go again. I like to do business with people who do business with me. Greenberg is a local firm. They have representation in Washington. And I ... God knows they have representation in Miami. And I have no problem with that. I think that's a feather in our cap and ... can I make a motion? Mr. Alejandro Vilarello (City Attorney): No. Vice Chairman Plummer: No, I can't make a motion. Commissioner Teele: Yes, you can. Vice Chairman Plummer: I can or I can't? Commissioner Teele: You can. Vice Chairman Plummer: I make a motion that the item on the agenda be approved as presented. Commissioner Regalado: Second. 122 July 21, 1998 Vice Chairman Plummer: Any further discussion? Now, I would... Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: Mr. Teele, with my motion, would definitely go that that is that the Mayor ... is in concurrence with the Mayor. I have no problem with that at all. Commissioner Teele: Adding that as a proviso? Vice Chairman Plummer: Absolutely. Commissioner Teele: See, you know, there was discussion about the Mayor vetoing things. I think ... you know, the concept here of the Executive Mayor is that we should not ask the Mayor or put the Mayor in a position of vetoing on matters that we acknowledge that the Mayor has the unique responsibility of speaking for the City. I think Greenberg is clearly one of the outstanding corporate citizens and law firms in this community. They pay taxes, unlike the firm that's been recommended, in this city. But I also note that Greenberg represents the County and I am particularly concerned, having served in Washington, that governments don't... governments that put great stock in spreading money around and one lobbyist cannot come in and ask for money effectively for two cities in the same general area effectively. I mean, you know, don't need to be ... I mean, everybody knows that. Now, I happen to have served on the committee or chaired the committee that recommended Greenberg for the County and so, I know that Greenberg is uniquely one of the best firms. But I got to tell you, I have grave reservations about how conflicts are going to be resolved. Conflicts, not in the sense of conflicts of interest. But you're not going to go in and ask an EPA (Equal Protection Act) administrator for a two million dollar ($2,000,000) Brownfield grant in Dade County and go in that same door a week later and ask for two million dollars ($2,000,000.00) for the City of Miami. It doesn't work that way. Likewise, you're not going to go and ask the Assistant Secretary of HUD (Housing and Urban Development) for eight million dollars ($8,000,000) for a project, a discretionary project for Dade County and come back in the door and ask for the same thing for the City of Miami. I just am a little bit tired of the City of Miami always being the runt of the litter, if you will, in this hodgepodge of cities and counties and governments in South Florida. And not only did the Manager not respond ... Mr. Manager, not only did you not respond on this issue. We appropriated some hundred thousand dollars ($100,000) for you to decide on a lead consultant on the Empowerment Zone. You didn't do that either. Wasn't selected. Wasn't designated. And, as a result, the County has done what they want to do on the Empowerment Zone. I mean, we've had City representatives there. The CRA, Community Development. But I got to tell you something, we all talked about how Miss Curry is there full-time. She eat our lunch. And I got to tell you, the area that I represent is not at all satisfied with the boundaries that you all decided on last night. I believe that the City of Miami is going to always be treated like a second class community until we decide we want to be first class. And one way to be first class is, you hire a lobbyist that can literally throw down for you in Washington; that doesn't have to worry about not offending Mayor Pinellas; that doesn't have to worry about offending Mayor Raul Martinez or Mayor of the City of Miami Beach, Mayor... Commissioner Regalado: Castas. Commissioner Teele: Neil Castas. We need somebody who can fight for us unabashedly, unashamedly, without a conflict. And, in no way, do I mean to suggest that Greenberg can't do that, but I can tell you this, they can't fight for us and Dade County with the same vigor. They cannot do that. And that just doesn't work that way. I administered a four billion dollar ($4,000,000,000) plus agency annually and I can tell you, we looked very hard at trying to ensure that the 10 regions of the United States, from New York to 123 July 21, 1998 Seattle, got an equal amount of money and any administrator that's worth a damn is going to make sure that all the money that doesn't go into the same general area. And since I see people having fund raisers at Sylvester Stallone's house and this kind of stuff, that's a very important aspect of how you get money, by the way, folks. And I commend Rosario Kennedy and Sylvester Stallone for having the President down here. And I saw the President in Little Rock on television talking about the gloves that Sylvester Stallone gave him. That's going to have a very dramatic impact, I think, on dollars. The question is, you know, who are we looking to to basically represent us in the conflict with Fort Lauderdale, in the conflict with Hialeah and Miami Beach, Dade County and South Florida? I don't think, Mr. Chairman ... Mr. Vice Chairman, that the statements that have been made are very helpful in this regard. We had a committee of people ... who were the members of committee of people that served on the Evaluation Committee? Mr. Raymond Martinez: Raymond Martinez from the Police Department. Gwendolyn Warren from Community Development and then we had Representative Luis Morris, Mike Abrams and Patty Allen from the DDA. Commissioner Teele: Is that former State Representative Mike Abrams? Mr. Martinez: Yes. Commissioner Teele: And, overwhelmingly, the recommendation was what? Was for who? Mr. Martinez: For the firm of Katz. Commissioner Teele: I think ... you know, we all talk about wanting to have outside committees and all that. The committee was more outside than inside and we ought to give deference to that. I think, at a minimum, we should speak in terms of these firms sharing equally, would be my preference, within the same dollar amount, not doubling the dollar amount. But the Commission, obviously, will do what it wants to do. But my preference would have been that we instruct the Manager to negotiate jointly with the firms. Put together a team. In the County, Greenberg was a part of a team of three firms initially. Initially, it was a Call Day, Global and Greenberg. I remember because I ... and those three firms were unique and they did different things. In fact, they were unique. So I think we ought to give some deference to the Citizens Committee of Representative Luis Morris and Representative Mike Abrams and Patty at the DDA and we ought to instruct them to negotiate jointly an agreement and I would just ask you, Howard, would you be offended with that? Mr. Vine: Mr. Commissioner, if I can refer back to our relationship. Commissioner Teele: Yeah, but ... we have a great relationship. Mr. Vine: No, my —in respect to our representation of Dade County and the division of labor among teams. Commissioner Teele: Would you have a problem with the County Manager ... the City Manager working with you and the other firm? [AT THIS POINT, COMMISSIONER GORT ENTERED THE COMMISSION CHAMBERS AT 2:56 P.M.] Mr. Vine: I think there's a consequence in terms of the budget that's available and the objective and priorities of the City to really attain the effort that's necessary. I think splitting the baby up, so to speak, in fact, dilutes the focus and, I think, will diminish some of the effectiveness of both firms. Moreover, I would 124 July 21, 1998 add that our firm's relationships and locations are Washington and Miami and there's no third party involved that's unrelated to the operation of the contract. I understand that the other firm has a relationship with Rick Spees, who is a Washington lobbyist but, beyond that, I'm not sure that there's any relevance to a third party and so, I'm concerned about the effective use of the City's money and the result that that would produce in the end. Let me also, if I may, speak to the issue of conflict. We work every day on behalf of a number of cities, counties and municipalities and we made a concerted decision, as a law firm, that certainly we should be representing our home town. We're doing everything we can every day to bring back money everywhere else in the country for everybody else, including Dade County. But, certainly, we felt it important, fundamental, to our work as lawyers and lobbyists, that we look after our home town first. And so, not in terms of priority, one client, one city versus the County, but I think that coordination between the City and the County are essential, politically. We go back to the same members of Congress every day and the same delegation. Congress woman Carrie Meek is a terrific champion for South Florida, for all of South Florida, and she understands the constituencies and the different municipal representations that are involved but everyone, everyday, goes back to her because she is the member of Congress representing South Florida on the committee. We will be going back to her as well, as we do every day, but you have other members in the constituency, which are particularly effective. Ileana Ross Laten, Lincoln Diaz Bilart and each member carries a different constituency into the political arena. Our job is to facilitate the communications that go on between the delegation and members of the delegation, the appropriations process and the whole Florida formula. We understand that. Commissioner Teele: Thank you. Sir, would you like to respond since Mr. Vine took the opportunity to... Mr. Ariale: Thank you, Commissioner. Commissioner Teele: Who are some of your clients and who is your southern most client? Mr. Ariale: We represent... our firm represents a lot of firms or a lot of companies in the State Legislative arena. We don't ... from a federal perspective, our focus has been in central Florida thus far. With our affiliation with Rick Spees, who we work on a lot of central Florida contacts, he's our local affiliate in Washington. And we have a joint venture arrangement between the two firms, which is not uncommon. Commissioner Teele: Well, I'm talking about the joint venture, sir. Who does the joint venture represent? Mr. Spine is... Mr. Ariale: Right. The joint venture represents the central Florida Transportation Coalition, which includes the county of Orange County, city of Orlando and the Lightrail folks up in the central Florida community. We don't deem that to be any... Commissioner Teele: Who does the Washington partner represent? Does he represent Miami Beach or anybody? Mr. Ariale: For the most —no, sir. For the ... the only city that he represents... two cities primarily is City of Navada and the City of Oakland. Commissioner Teele: Navada and who? Mr. Ariale: Oakland. Commissioner Teele: Connected, huh? 125 July 21, 1998 Vice Chairman Plummer: Yeah, right. Commissioner Teele: Got good friends in Oakland and Navada. That's an interesting... Vice Chairman Plummer: OK. Mr. Gort, you got a comment? Commissioner Gort: Yeah. I apologize I'm late. But, you know, Greenberg/Traurig is a firm that I have a lot of respect for. They've done a great job in Dade County. But, once again, we've got to go back. If we're going to establish a procedure, are we going to follow the procedure? If not, let's do away with the committees and let's just bring everything directly to the ... I received a letter from the Chairperson on the committee, where it stated the advantages and the way these people were graded. And it's up to you all, what you do. But if we're going to do a committee, I think we should follow the Committee's recommendations. If we're not, let's do away with committees and bring a director to the Commission? Vice Chairman Plummer: Any other discussion? Mr. Goenaga: Yes, a comment. I know that you don't like to hear me. Vice Chairman Plummer: Go ahead. Mr. Goenaga: Because I'm the voice of the people. The owners of the City of Miami. Vice Chairman Plummer: There you go. God help us. Mr. Goenaga: So, to give you an example. For me, lawyers are more of the same, dogs. And let's see the performance. For example ... and I know that you love to give me the ticket one way to Puerto Rico. The City of San Juan gets ninety million dollars ($90,000,000) in federal funds. Ninety million. Commissioner Teele: What city? Mr. Goenaga: The City of San Juan, Puerto Rico. So why can the fourth poorest city in the nation only gets twenty or ... I don't know. From your brother. I think we got a little more for the Police Department. And did we Greenberg/Traurig or any other lawyer to get those twenty-five million dollars ($25,000,000)? No. So, we use ... what are our Congressmen for? How many Congressmen do we have in the City of Miami? What does Ilean Ross, why is she's not here? Lincoln ... no, not Lincoln. Ileana and Carrie Meek, she does a good job. Let's talk less about Cuba and more about Miami. Thank you. Commissioner Teele: Call the question. The motion is... Vice Chairman Plummer: The motion is to approve Greenberg/Traurig. Moved by myself and seconded by Mr. Regalado. Call the roll. [NOTE FOR THE RECORD: COMMENTS DURING THE MOTION. I'LL GET THE EXACT LANGUAGE LATER.] Commissioner Gort: This time I can't. Commissioner Teele: I move that the Manager be instructed to negotiate an agreement with both firms, assuming they both won't. I recognize that this is July/August. That the date be effective October 1 and 126 July 21, 1998 that we roll the dollars forward for last year ... Mr. Dipak, that we roll the dollars forward for last year. Plus, the dollars for this year and to negotiate with both firms, effective October 1. So there will be no diminution, Mr. Vine, in the amount of money that has been discussed. Vice Chairman Plummer: Motion made. Is there a second? Commissioner Gort: I'll second it. And I'd like to get some amendment for it. At the same time, we understand the importance of the lobbyist and how much money they can bring back. I think is ... but sometime, if the two of you get together and you come up with plan how you would like to work, how you think there's a need for additional funding, come back to us but come back with a specific plan, how you ... we can arrive to that plan, OK? Vice Chairman Plummer: Mr. Gort, you are aware of what you're voting is not for a 50150 split? It is to give it ... what you said, you back the Committee. The Committee said, give it to the Washington firm. Commissioner Gort: I'm saying... Vice Chairman Plummer: And, if necessary, they could bring in Greenberg/Traurig. Commissioner Gort: The maker of the motion, my understanding is, instruct the City Manager to sit down with him and work out an agreement among themselves. Vice Chairman Plummer: Fifty/fifty? Commissioner Gort: Whatever the City Manager believes, according to the plan they present to us. Commissioner Teele: I would prefer that it be 50/50 under this assumption. For the funds of FY-98 we've spent zero dollars, is that right? So whatever is available to for this year ... how much is available for this year, Mr. Dipak? Mr. Parekh: Five hundred thousand dollars ($500,000). Commissioner Teele: How much is in the budget for next year? Mr. Parekh: Same. Commissioner Teele: If we start the contract October I ... that means we negotiate it now and negotiate it with both firms on a 50/50 basis, I think we'll be in a very good position to determine next year which firm produced and which one didn't. What I want to make sure is that there's a division, a clear division of responsibility. Vice Chairman Plummer: All right. Mr. Manager, in particular, do you understand what's being said? Mr. Manager. Mr. Castaneda: Commissioners, for... Vice Chairman Plummer: OK. Mr. Castaneda: Commissioner, for clarification, is there a lead firm? 127 July 21, 1998 Commissioner Teele: The lead firm would be the firm that the Committee recommended. Vice Chairman Plummer: And that was the Washington firm. Commissioner Teele: I mean, I agree with Commissioner Gort. We said just this morning, why go out with a bid ... why bring in distinguished citizens if we're not going to listen to them? And ... I mean, I want to help Greenberg. I think, you know, Greenberg is a great firm and I think they're a local firm. I'm a little disappointed that Mr. Vine took this hard nose position down here. I mean, you know, this isn't the time to, you know, make a name for yourself This is the time to be magnanimous and be genteel and, you know, be a Brickell Avenue firm that you are. And the fact that you all felt that you couldn't work with the firm, you know, leaves me to believe that we ought to go with the Committee recommendation as the lead firm, in support of what Commissioner Gort says and what I fundamentally believe. So, you all are not economically disadvantaged. The only thing that I'm asking the Manager to do, is to divide responsibilities so that, at the end of nine months, we know who produced and who didn't produce. In that way, when we decide which one we're going to extend or both, we have something to evaluate on because words all good, you know, at this point and time but the proof is in how much bacon gets brought home to the citizens of Miami. Vice Chairman Plummer: Mr. Manager... Commissioner Gort: Well, wait. I want you to understand, I have the highest respect for Greenberg/Traurig. I think you're a good corporate community. You've been part of this community. You've been very active and you got some great attorneys. But if we have a procedures, one of the things we've saying it from the past, we need to follow that procedure and you've heard us come back and forth again. We were always want it be at local preference to the local community. So, it's no disregard to your firm or to you, yourself. Vice Chairman Plummer: And that's where we screw up all the time. We have bad procedures. Any further discussion? Commissioner Regalado: Mr. Chairman? Commissioner Teele: And that's inclusive of costs. Inclusive of costs. Including the cost. Vice Chairman Plummer: Expenses. Commissioner Teele: The expenses, the airline trips, the hotels, the taxi fares, the Fed-Exes. Everything included. Vice Chairman Plummer: OK. All right. Total package, which I will be opposed to but my negative vote reflect, not upon the Washington firm because I will be honest with you and I really don't know anything about them but I do know Greenberg/Traurig. Call the roll. I vote no. Three to one? Mr. Foeman: Yes. Vice Chairman Plummer: Thank you, sir. 128 July 21, 1998 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-768 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH THE FIRMS OF KATZ, KUTTER, HAGLER, ALDERMAN, BRYANT & YON, PA (AS THE LEAD FIRM) AND GREENBERG TRAURIG TO WORK JOINTLY TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND CONSULTING SERVICES FOR THE CITY OF MIAMI EFFECTIVE OCTOBER 1, 1998; FURTHER DIRECTING THE MANAGER TO UTILIZE FUNDS ALLOCATED FROM PRIOR FISCAL YEAR, ALONG WITH EXISTING BUDGETED FISCAL YEAR FUNDS ALLOCATED FOR SAME. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman J.L. Plummer, Jr. ABSENT: Commissioner Joe Sanchez. Vice Chairman Plummer: Three to one? Mr. Walter Foeman: Yes, sir. 129 July 21, 1998 37. (A) APPROVE WITH CONDITIONS AND SUBJECT TO FURTHER NEGOTIATIONS WITH UNYSIS REPLACEMENT OF UNISYS A-17 MAINFRAME WITH UNISYS CLEARPATH NX5802- 32 MAINFRAME / RELATED PERIPHERAL HARDWARE, SYSTEM SOFTWARE / ASSOCIATED SERVICE / SUPPORT AND ONGOING MAINTENANCE FOR SAID EQUIPMENT / UPGRADE OF COMPUTER ROOM / ENVIRONMENTALS AND RELOCATION OF PERIPHERAL DEVICES (SILO AND NETWORKING SERVERS) / IMPLEMENTATION OF MICROSOFT EXCHANGE / UPGRADE OF INTERNET SERVER AND SERVICE / UPGRADE OF MICROSOFT SOFTWARE PRODUCTS) / MASS STORAGE HARDWARE AND SOFTWARE FOR DOCUMENT MANAGEMENT -- FROM UNISYS CORPORATION, WAREFORCE CORPORATION, XEROX AND OTHER VENDORS -- UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-050- 97-1, 973-561-98-1, 252-001-97-1 AND 250-040-98-1 -- ALLOCATE $7 MILLION (NOT TO EXCEED) FROM CIP ACCOUNT NO. 311603.469401.6.840. -- see labels 10 and 21. DISCUSS NEED FOR BUDGET OFFICE TO PARTICIPATE IN PRICE NEGOTIATIONS WITH UNYSIS -- (B) FURTHER DISCUSS FEASIBILITY OF UNYSIS CONTRACT BEGINNING ON OCTOBER, 1998 -- ALSO DISCUSS IMPACT OF NEW COMPUTERS ON YEAR 2000 PROJECT -- FURTHER APPOINTING COMMISSIONER GORT AS COMMISSION LIAISON WITH PARTIES INVOLVED FOR ANY DISCUSSION REPRESENTING CITY COMMISSION. (C) DIRECT CITY MANAGER TO INSTRUCT DEPARTMENT DIRECTORS TO ADVISE CITY COMMISSION THROUGH THE MANAGER, ON SEPTEMBER 8, 1998, IF RESOLUTION 98-769 MEETS COMPUTER NEEDS OF THEIR RESPECTIVE DEPARTMENTS -- COMMISSIONER PLUMMER FURTHER REQUESTS BREAKDOWN ON $800,000 HIDDEN COST BY SEPTEMBER 8, 1998. Vice Chairman Plummer: Next item on the agenda is item ... give me a minute, please. I've been skipping around here too much. Commissioner Teele: We might as well take up Miss Dougherty's... Vice Chairman Plummer: What did ... MS. Dougherty left. He was with the Junior College. Commissioner Teele: No, no, Miss Dougherty, Lucia. Vice Chairman Plummer: Oh. She's on zoning. Commissioner Teele: No, she's on ITD. Are we on the technology? The technology issue. Vice Chairman Plummer: Oh, you mean Item 2? Oh, OK. You want to take up Item 2? I thought that that had primarily been put off but... Commissioner Teele: I thought you gave her the opportunity to let her... Vice Chairman Plummer: I told her that, without question, I would give her ... since she had people here in town, I would give her a few minutes to speak. Yes, I did. Now, I can simplify that for you. I met with her during the lunch break and if anybody has any problems, it's concurrence and I would concur with that we approve Item 2, subject to further negotiations with Unisys and a review of the Unisys proposal and possible alternatives by KPMG as soon as possible. I have no problem with that. The reason that they wish to go forward on that is for the purposes of the Oversight Board. Now, besides that, I'll be glad to have Lucia speak, which maybe would be to her detriment, but I open it up to the City Commission for Item 2. Anyone wishing to be heard? 130 July 21, 1998 Commissioner Teele: Mr. Chairman, I ... I would very much like for the persons that are here from Unisys to be introduced and put on the record. Vice Chairman Plummer: Ms. Dougherty, would you please have your crew? Ms. Dougherty: Yes, sir, Mr. Chairman. Vice Chairman Plummer: Did I make a motion? I will when this is completed. Sir, if you would, for the record, would you give us your name and your mailing address. Mr. Richard Gaddy: Yes, sir. My name is Richard Gaddy. I'm based in Tallahassee with Unisys. My mailing address is 1545 Raymonddale (phonetic) Road, Tallahassee. Vice Chairman Plummer: And the next gentleman. Mr. Eric Fogle: Eric Fogle with Unisys here in Miami, at 6161 Blue Lagoon Drive. Vice Chairman Plummer: And the next gentleman. Mr. Kevin Mitchell: Kevin Mitchell with Unisys in Tampa, Florida, 1511 Northwest Shore, 33607. Vice Chairman Plummer: OK. My colleagues, is there any further information that you wish? Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I have a number of concerns and questions but ... but I ... my issue really is one of ..of not technology but budget and ... and finance as it relates to ... to all of this. How much do we pay Unisys annually for the upkeep of this system? Mr. Aldo Stancato: Last year we paid Unisys approximately four hundred thousand dollars ($400,000) for maintenance. The... Commissioner Teele: And this year? Mr. Stancato: This year ... that is for this ... this current budget year. Next budget year, if we do nothing, the approximate cost for maintenance will go up to about six hundred thousand dollars ($600,000). Vice Chairman Plummer: And if we do something? Mr. Stancato: That is a total package of six point two million dollars ($6,200,000) is a total package for five years. It includes the maintenance. It includes the software. It includes all the peripherals. There are no additional charges. That is the whole ... the whole shooting match. Commissioner Teele: Mr. Chairman. Vice Chairman Plummer: Yes, sir. 131 July 21, 1998 Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: My concern is that Unisys understand the financial emergency that the City is in. It's my understanding that there's been discussions regarding concessions and ... and I think Unisys is to be commended for considering those concessions. I don't thoroughly understand them reading them but I would hope that the Budget Office would be directly involved in some of these negotiations and that whatever motion goes forward, is that the resolution of this be designed to impact favorably ... to most favorably impact the FY-98 budget, the budget we're in now, between now and October 1. In other words, there's some talk about signing the contract now. I'd rather see the contract signed on October 2nd, OK. Because I really don't want it to hit our books in this fiscal year and... and ... and even though we don't pay out the dollars, we're on an accrual basis. And if we can, you know, make sure that we look at this with a view toward trying to help our FY-98 budgetary impact ... I don't mean to play games now. I mean, we'll be very clear in what we're doing, but we... the start date of our contract could very... should very easily be in the next fiscal year as opposed to this fiscal year, which will have an impact on how we're positioning ourselves because there is some move that some of the Commissioners have that we should be working with the new Governor, whoever he is, to see if we can bring this Oversight Board process to a logical conclusion. And, in many ways, that ability to bring the Oversight process to a logical conclusion, is going to be dependent on what our '98... our FY-98 budget looks like ... books look like. So if there are concessions to be given, I would appreciate if you would give us more concessions in FY-98. For example, if we've got a four hundred thousand dollars ($400,000) cost rather than you giving up two hundred thousand in '98 and two hundred in '99, give us the four hundred thousand concession in 98... FY-98, the year we're in now. And ... and, Mr. Dipak, I hope you understand what I'm saying and that you can work with them to understand that ... that the reason for this is not to play book... budgetary games, but ... so that when we close our books on an accrual basis, we're in a position to go to the Governor or to the Legislative Oversight... the Joint Legislative Management Committee and say, look, this is what our books are. These are the real numbers and we're not as cash strapped as we may have appeared. So, do you understand, Mr. Dipak, what I'm suggesting? Mr. Dipak Parekh: Absolutely, sir. Absolutely. Vice Chairman Plummer: Mr. Dipak has a suggestion also. He'd like to put on the record. Mr. Parekh: We could, theoretically, if the numbers come to the way we would like, sign a contract now basically either next month and have the financing arrangement for next fiscal year. One of the issues, which I do have with Unisys, is that the cost of money, the cost of borrowing from Unisys is more expensive than what the City can go out with a rate today. Secondly, there is another issue in terms of the market rates. That's an analysis which I need to prepare for this particular board. On that particular day, depending upon what the market does, it may be cheaper for the City to pay the entire costs of that main frame or, alternatively, if there is and increment, even of appoint five or seven million dollars ($7,000,000), the City, in effect, may make money or five years by financing and that's some of the arrangements which I'm working with the Finance Department and the Treasurer. Vice Chairman Plummer: Let me ask a question, if I may. I thought the proceeds to pay for this were coming from the FEC sale. Mr. Parekh: Absolutely, sir. Vice Chairman Plummer: Why are we even consider financing? 132 July 21, 1998 Mr. Parekh: For example, if we can make five and a half percent on seven million dollars ($7,000,000) and it cost us five million ... five percent, that ... that half appoint for seven million dollars ($7,000,000) makes money for the City of Miami. Vice Chairman Plummer: Yeah. But, you know ... I guess I come from the old school. And that is when the next year comes around, we might not have the money. Mr. Parekh: Well... Vice Chairman Plummer: OK. Now, that happened around here before and it's called robbing Peter to pay Paul. Mr. Parekh: Well... Vice Chairman Plummer: And I'm concerned that if the payout was over a period of years, that at the third, fourth or fifth year, an emergency occurs and they go rob that till and then when Unisys is knocking on the door with their bill, we got to say to them, you got to wait a while or we don't have the money. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: Yeah. Commissioner Sanchez: If I could... Vice Chairman Plummer: Well, I'd like an answer to that, if I may. Mr. Parekh: OK. I'd like to answer... Commissioner Gort: I think you can create a trust account, where you can indicate that trust can only be touched for this purpose... Vice Chairman Plummer: Where you can restrict it? Commissioner Gort: And you can still be making ... and it will not be touched by anybody. Mr. Parekh: We can do that. Vice Chairman Plummer: And will that be the case? Mr. Parekh: We can do that. Vice Chairman Plummer: Well ... then, if that's the case... Mr. Parekh: Plus, Commissioner. Commissioner Sanchez: Mr. Vice ... Mr. Vice Chair, can I have the floor? Vice Chairman Plummer: Excuse me. Commissioners are first. 133 July 21, 1998 Commissioner Sanchez: Thank you. If we could come up on agreement on that, the thing is, either you pay now or we pay later. And if you pay later, we're going to pay more. There is no disputing facts here. The A4... A17 is obsolete. I mean, way in the past. We need to catch up with technology and the quicker we do it, the better we're all going to be. So I ask that we work on finding an agreement and getting on line and doing what we have to do to head in the right direction toward this. I mean, we're going to stand here and we're going to argue all day on...on these matters. Vice Chairman Plummer: OK. Commissioner Regalado: Question. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: There about 40 cities, major cities now that are up-to-date on what they call the year 2000 bug. Are you going to come back to us in a few months and say we need some funds to resolve that situation or that's included? Mr. Gaddy: The...the clear path machine is going to be fully year 2000 compliant. As far as us, we should be having ... most of our applications will be done by November. Some of them might take a little longer. Also, this ... this platform will give us the platform where we want to test all of the changes that we made because that will be the computer we bring into the new millennium. What we do have that we will hopefully be coming to you in 1999 is to have a firm come in, like an auditing firm, come in and do some ... some parallel testing to certify the changes that we have made, nothing to do with ... with the ... the machine itself. Our changes are all in line and correct. And that's in...in as a capital project. Commissioner Sanchez: And one thing I want to make very clear on this is, we better be ready for the year 2000 because we're not going to jeopardize the 911 calls; we're not going to be in a situation where the system's not going to work because then we're going to put a lot of people in jeopardy. Sol... Mr. Warshaw: Commissioner, I would think it would be important for Unisys to put on the record... considering that year 2000 compliance is so important... that this equipment is guaranteed. That are no additional charges and, basically, we're buying a system that is in compliance with all the year 2000 standards. Mr. Gaddy: That is absolutely correct, Chief. I would add to that... Vice Chairman Plummer: All right. Mr. Gaddy: I'd like to add one other thing in response to Commissioner Teele. We are very sensitized, sir, to the fiscal year '98 and we're very willing to negotiate and work with you to make those cash flows accommodate your cash flows. Vice Chairman Plummer: I've got a question. It's on the agenda for seven million dollars ($7,000,000) and, yet, the price of the machine is six two. Where's the other eight hundred thousand going? Commissioner Gort: Software. Mr. Stancato: Yes, sir, I'll be able to answer that. The six point two was ... was for the ... was for the main... was for the main frame and we put in the resolution several other initiatives that we're taking. About two hundred and fifty thousand will go for upgrading of software on the PC's. All the Microsoft software will 134 July 21, 1998 be going to a company called Ware Force. We're looking at about three hundred thousand dollars ($300,000) for document management hardware, that will coincide with some of the software that the Clerk's bought to be able to turn around and store documents. We're looking at about hundred thousand dollars ($100,000) to upgrade the Internet capabilities. We're now are ... a significant number of users at MRC are using the Internet for research purposes and it's gotten to the point where it's very slow and people can't get things done. So we need to upgrade that technology. And about a hundred and fifty thousand for the exchange project, which is a messaging and ... and mail and scheduling system. Vice Chairman Plummer: And all they're paying us for the old one is fifty thousand dollars ($50,000)? Mr. Stancato: All of these other initiatives are really more PC orientated, open system orientated. They're not anything to do with the main frame. Vice Chairman Plummer: OK. Commissioner Sanchez: I have a question. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Is the police and fire, which are the most ... they use most of the computers... have they been involved in the process of the selection of these ... this equipment? At same time, my understanding is, we requested that you come up with a formal plan. Because one on the problems I'm going in my own business, they started buying piece by piece and right now we're going through a lot of trouble because there's no compatibility and there's a lot of problems. One department from another department. And they're not communicating with each other. And we're going through a lot of hassles right now. Mr. Stancato: Well, the City has standardized on Microsoft NT as the operating platform for everything outside of the main frame and that will be in the Police Department. It's in MRC. Only some ... like satellite locations, like when we look at the NET offices that haven't been upgraded yet ... some of the Commissioners' offices that haven't been upgraded yet are still running Windows for word groups. It is all standardized across the city. Commissioner Gort: To follow my question, you have your ... you central computer's going to be utilized by existing program where you're going to convert to the existing program. At the same time you're going to provide a window ... an opportunity to provide a window but I understand, as a department comes along, you're going to have to increase that ... that portion of it. Am I correct in... Mr. Stancato: Correct. Any ... as ... as we transition into the open system, we will be expanding the open system portion of it. That's all hardware. That's all vendor independent. We'll be buying off from different people. Commissioner Gort: Is that considered as part of this deal or that's additional funds that later on... Mr. Stancato: No. That is ... that is totally separate from this. Commissioner Sanchez: Mr. Stancato, I have a question for you. Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: How much will we save in five years if we go along with this plan? 135 July 21, 1998 Mr. Stancato: If we do nothing, it will cost approximately nine million dollars ($9,000,000) to turn around and maintain the... the A17. In addition to that, we have significant exposure. Now, with regards to engineering support ending at the end of the year. Commissioner Sanchez: But how much would we save if we go along with this deal, as proposed right now? Mr. Stancato: Two hundred ... two million eight hundred thousand. Commissioner Sanchez: All right. You know, one thing I want the clear up. I mean, my son, who's four years old, probably plays at home with a more sophisticated equipment... computerized than what we have in some of the NET offices in the city. It's a shame that we do not communicate through email, which is quicker and simpler and no paper. I mean, we've got to come out of the dark ages. We're in the dark ages. I had to bring my lap top from home, as you're aware, to try to catch up with some of the things. We need ... not only do we need to come up with the computer system, but educate people to use them. And once we do that, we could be up there with just about every aspect of communication that we have. But if we don't take a step ... and I'm for maybe financing this and seeing how we save money ... but if we don't make a decision today, six months down the line, eight months down the line, we're going to pay more money for it. Vice Chairman Plummer: I have a question. Mr. Manager, would you ask the Police Chief if he has full faith and credit in what is being done in reference to his department? Commissioner Gort: The Fire Chief too. Vice Chairman Plummer: I'm going to ask that one the second one. I don't want you to come back, Mr. Police Chief, in six months or a year and say no, no, this didn't take care of what I need. Now, I'm putting you on the record ... I'm going to do the same with the Fire Chief. Mr. Warshaw: Let me tell you, for the record, Commissioner, that we support this a hundred percent because it fulfills the needs of the department. However, we currently have in application through Federal funds to fund a new CARE (Computer Assisted Report Entry) system, CAD (Computer Aided Dispatch) system and PC system, which the police department does not have. So I don't want to mislead you that this means that the computer needs of the department have been met, which they have not been. Vice Chairman Plummer: And, of course, that has to be by Unisys also? Mr. Warshaw: No. Mr. Stancato: No, sir. Vice Chairman Plummer: Fire Chief, you heard the question.. Chief Carlos Gimenez: At this time I have no comment because I really am not ... haven't been involved... Vice Chairman Plummer: Well, I'm telling you, speak now or forever hold your peace. What you're telling me, you haven't gone through it; that you don't know. Chief Gimenez: That's right, sir, I don't. 136 July 21, 1998 Vice Chairman Plummer: That's a hell of a way to run a ball park. Commissioner Sanchez: I have a simple question. Vice Chairman Plummer: I mean ... no, excuse me. I ... you know... here we have one of the main users of computers who is standing here telling me ... and he's ... and he's going to get hell for this later. I know it. He's telling me that he has not been through the process. All right. You're going to be through the process because this motion, which I'm going to make, is going to make you part of this process because when this matter comes back on September the 8th before this Commission, you're not going to be able to answer that question as you just did. You're going to stand here and tell me, yes, you're in concurrence or no, it's not meeting your needs and here's the way it's going to have to be. I want you to know September the 8th is D-Day. Chief Gimenez: Fair enough. Vice Chairman Plummer: All right. I'm ready ... if everybody -- Oh, no. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Please. Mr. Teele. Commissioner Teele: I ... I ... I would hope that ... Mr. Vice Chairman, I would hope that no department head would catch hell for telling the truth to the Commission and ... and I mean ... I know that ... I know that sort of a throw away line but I just had a briefing from Chief Warshaw as to why the provisions are in the Charter related to the Police Chief and Fire Chief going back to 1940's you said, and that's —it was designed specifically to prevent directors from catching hell for telling the truth to the Commission. Is that fair, Commission... Chief Warshaw? Mr. Warshaw: Yes, sir, that's exactly the reason. Commissioner Teele: And I think... whether it's the Fire Chief or the Police Chief or any other department head, that, in all seriousness... you know, I commend the Fire Chief for telling the truth and not ... you know, that's... that's what hurt —has hurt the police departments around the country, is the buddy boy system. We don't need people to come up here and tell us what everybody in the back room wants to hear. We need to hear the truth and I ... I, like Commissioner Plummer, believe that the Fire Department should be brought in but I think it's more important that all the departments be candid in coming forward to us and I commend you, Chief, for doing that. And thank you Mr —Commissioner Plummer for insuring that they're going to be a part of it. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: I don't ... I don't want it to sound like I don't want to improve. I do want to improve but I want to make sure when do it, we do it correctly. Because when I first got in here, there was a lot of things that we bought and we were told this is it. This will take care of it and then, later on, what I find out it, they could not communicate one with the other ones. So that's why I want to have a plan that's accepted by everybody and this ... yes, we make a commitment and I think we can do it and we need to it, but make sure that commitment can go through the years and we can use ... maximize on the main frame and everything... everything else. 137 July 21, 1998 Commissioner Sanchez: So what ... what you're proposing is a master plan? Commissioner Gort: Yes, that's correct. Vice Chairman Plummer: All right. Commissioner Sanchez: He's proposing a master plan. Simple. Vice Chairman Plummer: Mr. Dipak? Commissioner Gort: What's your motion? Vice Chairman Plummer: Mr. Dipak. Mr. Parekh: I was just going to suggest that ... maybe a plan ... a comprehensive plan be done within the next hundred or 120 days. Commissioner Gort: That's what we ordered you all to do. Vice Chairman Plummer: That's... that's fine. Mr. Manager, I would expect, due to the comments made here today, that when it comes back on September the 8th, that, in fact, every department head will sign off on a memo that they have concurrence, have read and understand and their needs are met with the action possibly being taken by this Commission. Commissioner Teele: Say that again. Vice Chairman Plummer: I would hope that on September the 8th, when this issue returns, that they ... we would have a memo signed off by every department head stating that they have read, understand, are in concurrence; that what we are about to pass meets the needs of their department. Commissioner Teele: Here here. Vice Chairman Plummer: OK. Boom -Boom. Mr. Goenaga: I will add that also every single Commissioner will sign that ... that they understand it. You ... I am realize that you are not highly paid in comparison with the other employees of the City of Miami, but you must dedicate a specific time to this particular issue because this is a big league issue. For almost ... well, depending on whom do you talk with... City in financial difficulty. And let me tell, I disagree with Mr. Teele. My ... I have plenty of reliance and confidence on the review of the Oversight Board. If we wouldn't have had an Oversight Board in the City of Miami, I don't know. I might even ... I have stolen most of the money. Let me tell you. I have great... because we don't have an independent... an independent audit department here in the City of Miami. Viva the Oversight Board. Please stay with us. Vice Chairman Plummer: Yes, yes. Oh, boy. Yes. OK. Item 2, a motion with the following conditions: Further negotiations on a price with Unisys and Number 2, a review of Unisys' proposal and any possible alternatives suggested by KPMG. I would ask that Commissioner Gort serve as this Commission's representative in any discussions with all parties concerned and subject to that, we move for approval today, subject to conformation on September the 8th. I appointed Mr. Gort. Call the roll. 138 July 21, 1998 Mr. Foeman: I need a mover and a seconder. Vice Chairman Plummer: Wait a minute. Is this ... Is this... Commissioner Sanchez: What was your motion? There's not a motion on the table. Vice Chairman Plummer: There's a motion to approve Item 2 subject to further negotiations on the price with Unisys. Number 2, review of Unisys' proposals and possible alternatives by KMPG, which we ask them to do a study and report back to us on September the 8th, and that Mr. Gort be appointed as the Commission's liaison with all parties involved for any discussion representing the City Commission. Commissioner Teele: Second the motion. Would you include the word price and budget? Vice Chairman Plummer: Absolutely. Mr. Vilarello: Commissioner. Vice Chairman Plummer: Mr. City Attorney. Mr. Vilarello: Commissioner Teele had indicated a desire to have the contract start in the Fall ... next fiscal year. Is that still a condition? Commissioner Teele: No. I ... I think that will be a part of the budget discussion so that... Vice Chairman Plummer: Right. And September the 8th we'll be making the final decision. Commissioner Regalado: Do we need to include the year 2000 update or that's being on the record, its not necessary? Vice Chairman Plummer: That they ... they said they were going to furnish us an affidavit to that effect. Mr. Gaddy: It will be in the contract, yes, sir. Vice Chairman Plummer: OK. All in favor say "aye." All opposed? The Commission (Collectively): Aye. Vice Chairman Plummer: Unanimous. Vice Chairman Plummer: I want also, again, in writing from someone, I want to a break down on that eight hundred thousand dollars ($800,000) that's hidden and I also with will want the memo from each department head. 139 July 21, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-769 A RESOLUTION APPROVING THE REPLACEMENT OF THE UNISYS A- 17 MAINFRAME WITH A UNISYS CLEARPATH NX5802-32 MAINFRAME, RELATED PERIPHERAL HARDWARE, SYSTEM SOFTWARE, ASSOCIATED SERVICES, SUPPORT AND ONGOING MAINTENANCE FOR SAID EQUIPMENT; UPGRADE OF COMPUTER ROOM ENVIRONMENTALS, AND RELOCATION OF PERIPHERAL DEVICES (SILO AND NETWORKING SERVERS); IMPLEMENTATION OF MICROSOFT EXCHANGE; UPGRADE OF INTERNET SERVER AND SERVICE; UPGRADE OF MICROSOFT SOFTWARE PRODUCTS (NT AND OFFICE); MASS STORAGE HARDWARE AND SOFTWARE FOR DOCUMENT MANAGEMENT; FROM UNISYS CORPORATION, WAREFORCE CORPORATION, XEROX AND OTHER VENDORS UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-050-97-1, 973-561- 98-1, 252-001-97-1 AND 250-040-98-1, FOR AN AMOUNT NOT TO EXCEED $7,000,000, PLUS ANY FINANCE CHARGES; SAID PURCHASES TO REPLACE EXISTING OUTDATED HARDWARE AND SOFTWARE, EXPAND SERVICES AND PROVIDE MAINTENANCE AND PRODUCT SUPPORT FOR FIVE YEARS; SAID APPROVAL SUBJECT TO FURTHER NEGOTIATIONS WITH UNISYS REGARDING PRICE AND BUDGET AND REVIEW OF UNISYS PROPOSAL, WITH POSSIBLE ALTERNATIVES AS A RESULT OF THE KPMG REPORT; ALLOCATING FUNDS THEREFOR FROM CIP ACCOUNT NO. 311603.469401.6.840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE MOST ADVANTAGEOUS FINANCIAL PROGRAM AVAILABLE THROUGH COMPETITIVE NEGOTIATIONS. (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. 140 July 21, 1998 38. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES -- APPROVE RE - LICENSING, MAINTENANCE AND SUPPORT SERVICES OF B & L SOFTWARE FROM B & L ASSOCIATES, INC. --, FOR DEPARTMENT OF INFORMATION TECHNOLOGY„ -- ALLOCATE $153,172. FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840 Vice Chairman Plummer: Now, we have item three, four and five, which are related. They're all resolutions. Is there an item —is there a motion on three? Is there a motion on three? Commissioner Sanchez: Hold on. Vice Chairman Plummer: It's for... Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Commissioner Gort: Subject to the same... Vice Chairman Plummer: Same rules and conditions as the previous. All in favor say "aye". Opposed? Show... Commissioner Teele: Is that a four fifths vote? Vice Chairman Plummer: What? Commissioner Teele: Is three a four fifths vote? Vice Chairman Plummer: Is three or four ... no. Commissioner Regalado: Yes. Vice Chairman Plummer: Huh? Mr. Foeman: Yes. Commissioner Regalado: Yes. Vice Chairman Plummer: Yes, it is. I'm sorry. Call the roll. Call the roll. 141 July 21, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-770 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE RE -LICENSING, MAINTENANCE AND SUPPORT SERVICES OF B & L SOFTWARE FROM B & L ASSOCIATES, INC., THE SOLE SOURCE PROVIDER OF THESE SERVICES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT A COST NOT TO EXCEED $153,172 DURING ITS INITIAL YEAR, WITH THE OPTION TO RENEW THE MAINTENANCE AND PRODUCT SUPPORT SERVICES FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED 4% PER YEAR; SAID APPROVAL SUBJECT TO FURTHER NEGOTIATION WITH UNISYS REGARDING PRICE AND BUDGET AND REVIEW OF UNISYS PROPOSAL, WITH POSSIBLE ALTERNATIVES AS A RESULT OF THE KPMG REPORT; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.840. (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. 142 July 21, 1998 39. RATIFY, / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE; -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES -- APPROVE THE UPGRADE, RE -LICENSING, MAINTENANCE AND SUPPORT SERVICES OF EZSPEC/DARGAL SOFTWARE FROM DECISION SUPPORT, INC. -- FOR DEPARTMENT OF INFORMATION TECHNOLOGY --; ALLOCATE $12,672 THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. Vice Chairman Plummer: Item 4. Moved by Gort. Seconded by Teele. Any further discussion? It is a four fifths. Call the roll. Mr. Goenaga: Excuse me. Public hearing. Vice Chairman Plummer: Yeah, it is. Are you the public? Mr. Goenaga: Well, I am the only one of the public, who have the courage to needle you guys here, so I should have some respect, you know. Because I don't come here... Vice Chairman Plummer: How do you spell that? Mr. Goenaga: If you want people to come here and praise you, that would not be myself. I come here to criticize, to defend the interest. Vice Chairman Plummer: Thanks. You do a hell of a job. Mr. Goenaga: Yes, I'm still waiting for the airplane ticket to Puerto Rico. Let me tell you guys. In addition, we need to have a total coordination and integration with all type of computers, with Metro, with Coral Gables and the other one. Let let's think simply, not just go to spend money. We must have a coordination and integration with most of the city of Dade County. We do not know what will happen. Let's don't act independently. Remember, we ... even though we are the largest city in Dade County, we are not the best managed city in Dade County. That, we know because of the Wall Street issues. You know that the only city in the state of Florida that has a triple "A" bond rating is Coral Gables. Vice Chairman Plummer: Are you finished? Mr. Goenaga: I wish I could speak more. Vice Chairman Plummer: OK. Thank you. Mr. Goenaga: But I'm going to give you a break today. Commissioner Teele: Mr. Chairman, that is the ... now, on this number three, it should be reflected that three is as amended in your previous discussions. Vice Chairman Plummer: Three, four and five will all reflect that. Commissioner Teele: So three, four and five, Mr. Attorney, Mr. Clerk will have the overriding amendment as read into the record by Vice Chairman Plummer. 143 July 21, 1998 Vice Chairman Plummer: Correct. OK. Did we have ... I think we had a motion on four and a second. Call the roll. It's a four fifths. Mr. Foeman: Yes. [DISCUSSION DURING VOTE] Commissioner Teele: As amended? Commissioner Gort: Yes. Vice Chairman Plummer: As amended. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-771 A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE UPGRADE, RE -LICENSING, MAINTENANCE AND SUPPORT SERVICES OF EZSPEC/DARGAL SOFTWARE FROM DECISION SUPPORT, INC., THE SOLE SOURCE PROVIDER FOR THIS SERVICE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, AT AN UPGRADE AND RE -LICENSING COST OF $11,000, AND ANNUAL MAINTENANCE AND PRODUCT SUPPORT COST NOT TO EXCEED $12,672 FOR THE FIRST YEAR, WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED 4% PER YEAR; SAID APPROVAL SUBJECT TO FURTHER NEGOTIATION WITH UNISYS REGARDING PRICE AND BUDGET AND REVIEW OF UNISYS PROPOSAL, WITH POSSIBLE ALTERNATIVES AS A RESULT OF THE KPMG REPORT; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 144 July 21, 1998 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. 40. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF SOLE SOURCE; -- WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE RE -LICENSING, MAINTENANCE, TRAINING AND SUPPORT SERVICES OF XGEN/CP (THE FOURTH GENERATION LANGUAGE) AND THE UPGRADE, MAINTENANCE, TRAINING AND SUPPORT SERVICES OF XGUI SOFTWARE FROM OPENWARE TECHNOLOGIES, INC., MAINTENANCE AND PRODUCT SUPPORT SERVICES --; ALLOCATE $200,000. FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. Vice Chairman Plummer: Item 5. It's also a four fifths. Commissioner Gort: Move it. Vice Chairman Plummer: Moved guy Gort. Seconded by Teele. Commissioner Teele: Teele. Vice Chairman Plummer: Anyone ... oh, my God. Here he comes again. Mr. Goenaga: What does it means, the fourth generation language? Please, for me, this is worse than Chinese or Creole. What does it means, the fourth generation language? What kind of language is that one? Vice Chairman Plummer: Puerto Rican. Mr. Goenaga: No, no. Thank God we...no, no, no. We speak bad Spanish, with partly English. Vice Chairman Plummer: What is the fourth ... well, if you'll shut up, we'll find out. What is the fourth generation? Commissioner Teele: Following the third. Vice Chairman Plummer: Well, that's right after the third. Mr. Goenaga: You see, this is the way ... if my Commissioners, that we have elected them... 145 July 21, 1998 Vice Chairman Plummer: Hurry up and answer his question. Mr. Goenaga: They don't even understand... please, let's go to first grade. Mr. Aldo Stancato: The four generation language, this exigent, is a language that is ... you write broad specs and then you put it through a filter and it generates Cobalt programs... Vice Chairman Plummer: Now, do you understand it? Mr. Stancato: So you don't write specific lines and codes. Mr. Goenaga: I understand it. I'm more confused than before. Vice Chairman Plummer: Then sit down. Mr. Goenaga: Thank you. Commissioner Teele: Call the question. Vice Chairman Plummer: On the question of five. Moved and seconded. Call the roll. It's four fifths. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-772 A RESOLUTION, BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE RE -LICENSING, MAINTENANCE, TRAINING AND SUPPORT SERVICES FO XGEN/CP (THE FOURTH GENERATION LANGUAGE) AND THE UPGRADE, MAINTENANCE, TRAINING AND SUPPORT SERVICES OF XGUI SOFTWARE FROM OPENWARE TECHNOLOGIES, INC., THE SOLE SOURCE PROVIDER FOR THESE SERVICES, AT A FIRST YEAR COST OF $200,000, WITH THE OPTION TO RENEW MAINTENANCE AND PRODUCT SUPPORT SERVICES FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED 5% PER YEAR; SAID APPROVAL SUBJECT TO FURTHER NEGOTIATION WITH UNISYS REGARDING PRICE AND BUDGET AND REVIEW OF UNISYS PROPOSAL WITH POSSIBLE ALTERNATIVES AS A RESULT OF THE KPMG REPORT; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 311603.469401.6.840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 146 July 21, 1998 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. 41. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 17 ( PROPOSED SECOND READING ORDINANCE AMENDING CHAPTER 2/ARTICLE II OF CODE ENTITLED: ADMINISTRATION / MAYOR AND CITY COMMISSION) TO COMMISSION MEETING OF SEPTEMBER 8, 1998 — SEE LABELS 16 AND 69. Vice Chairman Plummer: Item 17, the 10-day rule in reference to the firing of the Manager and Boom -Boom. Commissioner Teele: You have new language... Mr. Vilarello: Commissioner, as I understand the question that was ... the inquiry was whether or not we could propose or put together an ordinance or an amendment to the one that you're considering that would allow a delay in the actual appointment of the... Commissioner Teele: No, it's not an ordinance. This is Charter language. Isn't this Charter? Mr. Vilarello: No. What this is ... the one ... the ordinance that is before you is an ... is implementing a provision of the Charter, which provides that the Manager may stay in office during that period of time that you consider overriding the Mayor's removal of the manager. That's the current... Vice Chairman Plummer: It's an ordinance. Mr. Vilarello: It's an ordinance. Commissioner Teele: Stand corrected. Vice Chairman Plummer: OK. What happens with 17? What do you want to do, up or down? Mr. Goenaga: May I express... Vice Chairman Plummer: No, you can't speak until I get an amendment ... a motion. Is there a motion? Is there a motion on 17? Commissioner Regalado: There was a motion. 147 July 21, 1998 Vice Chairman Plummer: OK. Commissioner Regalado: But my understanding was that there was ... this was going to be amended and we will combine the two situations in one. At least that's what I understood by Commissioner Teele's proposal. Vice Chairman Plummer: Where are we? Mr. Vilarello: That's what I started to explain. As I understand, the request to amend this particular ordinance, it was to provide that the Manager would not take office after appointed by the Mayor until ratified by the City Commission. The logic associated with the language and the interpretation language of the Charter is consistent with what I've advised about the removal of the Manager. However, I would prefer to review that and give it due consideration and bring it back before the Commission at a future meeting. It's not the kind of decision that I believe that I should make... Vice Chairman Plummer: The matter's deferred until the next Commission with a clarification from the City Attorney's office. Mr. Goenaga: May I suggest something? Vice Chairman Plummer: No. Do it, you can do it... Mr. Goenaga: To save time. Vice Chairman Plummer: You can do it on September the 8th. 42. FIRST READING ORDINANCE AMENDING CHAPTER 22, ARTICLE I, SECTION 22-12 OF CODE ENTITLED "WASTE FEES," BY EXEMPTING RESIDENTIAL CONDOMINIUMS AND RESIDENTIAL CONDOMINIUM ASSOCIATIONS FROM ASSESSMENT OF SUPPLEMENTAL WASTE FEES; -- FURTHER DIRECTING CITY MANAGER TO STATE BY SECOND READING WHERE ALTERNATIVE. REVENUES WILL BE DERIVED AND TO CONDUCT REVENUE ANALYSIS. (AMEND ORDINANCE TO ADD COOPS FOR SECOND READING). Vice Chairman Plummer: The next item is Item 21, the Waste Fees. The waste fee is ... this is where ... I brought this matter before the City Commission and this is where the condominiums, for whatever reason, were considered to be commercial establishments. Their contention is simply a hundred and eight thousand dollars ($108,000). Their contention is that they are no more than a single family residents vertical. Commissioner Regalado: I move that we approve this on first reading. Vice Chairman Plummer: All right. There's a motion made to approve on the first reading. Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: There is a second. Commissioner Gort: My understanding, the total cost of the impact and the budget will be a hundred and eight thousand dollars ($180,000). 148 July 21, 1998 Vice Chairman Plummer: A hundred and eight. Commissioner Gort: A hundred and eight. That's what I said. Vice Chairman Plummer: That's the memo that we received. OK All right. This is on first reading. Read the ordinance. Mr. Vilarello: Commissioner, if I could add... Vice Chairman Plummer: OK. Mr. Vilarello: Within the text of the ordinance, I would like to add language which refers to that, for the purposes of this section, residential condominium units shall not be considered commercial establishments. That's within the body of the ordinance. Vice Chairman Plummer: Any further discussion? Well, there's got to be some more discussion and even though I am in favor of this ordinance, remember our obligation. When we take a hundred and eight from the budget... Commissioner Gort: You have to put it back. Vice Chairman Plummer: We've got to find a hundred and eight to put back. Now, Mr. Manager, we pay you to make these decisions, as bad as you don't like them. I'm sure this is going to pass here today and we would look for you before, on the second reading, of where you're going to take the hundred and eight from to supplement, to balance the budget, OK? Call the roll. Mr. Rodriguez: Excuse me, Commissioner. Could I say something before you... Vice Chairman Plummer: Hello? I'm sorry. Mr. Rodriguez: Very briefly. Tony Rodriguez, Miami FOP (Fraternal Order of Police). I just want to remind the Commissioners again, with the pending action that we have against the City on not meeting the revenue enhancements that the City agreed that they're were going to do ... and you're right, you've got to come up with a hundred and eight or a hundred and eighty thousand dollars ($180,000). Vice Chairman Plummer: Eight. Mr. Rodriguez: Hundred and eight, OK. From somewhere else, as long as it doesn't come from the employees. I just want to make that very clear because we keep coming to the employees and you all don't keep doing the revenue enhancements that we need done. And, again... Vice Chairman Plummer: No question. Mr. Rodriguez: ...it's the employees that get nickled and dimed, especially in the middle of contract negotiations. So, clearing, I just want to make that point. Because we do still have that pending and we feel very strongly about that. Vice Chairman Plummer: Well, I, for one, who am in favor of this ordinance, would have to vote against it if the Manager cannot come back and show the balancing of the amount of money that was taken away. 149 July 21, 1998 Mr. Rodriguez: Thank you. Vice Chairman Plummer: OK. Call the roll. Commissioner Regalado: Before you do, I think... Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I think —you know, I understand what you're all saying. I understand what Tony is saying. I understand that this City, it's in dire need of recurring revenues and ... because we have the Oversight Board and the Interlocal and the whatever local agreement. But voting for this at least sends a message to the residents of the City of Miami that we're willing to go an extra mile to give them some relief. Because every time that we need a hundred and eight thousand dollars ($108,000), we go to the residents. Of course, we can't go to the employees because we have this situation with the contracts and employees have given a lot, but we have to, you know, have more imagination, more creativity and don't go after the pockets of the residents every time that we need something. So I am voting for this, not only because it's fair but also because it sends a clear message, that we're trying to do something for the people of Miami. And, you know, I don't want to take your time but I wish that you all talk to some people ... you know, people that distribute (inaudiable)?, for instance, or beer and people in small restaurants and cafeteria. You know, whatever they say in Washington, that the economy is strong ... I mean, we don't know that here or we haven't realized that because a lot of people are hurting and by voting yes, I think that we send a message that at least we're trying to bring some relief to the residents of Miami. Vice Chairman Plummer: OK. Mr. Jacobs. Mr. Tory Jacobs: Yes, sir. Vice Chairman Plummer: Would you like to say hello. Your name for the record. Mr. Jacobs: Tory Jacobs, 145 Southeast 25th Road, Miami. Vice Chairman Plummer: And President of the Brickell Home Owners Association. Mr. Jacobs: Yes. Vice Chairman Plummer: And conducts a very good meeting. Mr. Jacobs: Thank you, sir. Vice Chairman Plummer: But too much goodies are served. Mr. Jacobs: Thank you. Vice Chairman Plummer: Thank you, sir. Call the roll. Commissioner Teele: Commissioner Plummer? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I really want to hear from the Budget Office. I just got accused by Mr. Goenaga. He 150 July 21, 1998 said he just objects to what I said about the Oversight Board and I expect that you would. Gentlemen, I am dead serious about the fact that I really think, if we can exercise some discipline here for the next six months, assuming we get a Governor that takes a fresh look at all of this stuff and understands the problems of the City, I really think that we can move to truncate, legislatively, the Oversight process. And I say that recognizing that I think that, in many ways, the Oversight process has been helpful and I dare say that we would not have had the discipline to be where we are today were it not for the Oversight process. But I got to tell you, you know, the Manager, who obviously wants to be the permanent Manager because he's not saying anything right now, really should be saying something. He's got a meeting tomorrow morning at 7:30 with the Oversight Board and removing revenue from our Five -Year Plan is something that is going to be viewed ... even though the dollars are insignificant from the context of our overall budget, it's the wrong message to send. And I, for one, will tell you, I will be the first person to second your motion when the Oversight Board is gone on this issue. I mean, in many ways, I understand this issue. But I got to tell you, you're sending, in my judgment, on the eve of an Oversight Board, you're asking for them to say, we don't trust you. You're asking for the Oversight Board to say, there you go again. I mean, we've got one or two issues we need to resolve today relating to the City Attorney's office and the issue is not so much the amount of money with them. It's the direction that we're going in. They take exception to a severance contract. That's the whole issue. Vice Chairman Plummer: OK Commissioner Teele: J.L., I know that there's four votes here for this. I respect that, but I think it is incumbent upon some of us to at least put on the record ... and I'm disappointed that the Manager is not weighing in on this. Respectfully, Mr. Manager. You can't fight every battle and you got to pick the ones that, if it's four votes looking like they're going the other way, maybe that's why you're the Manager and I'm here, but ... on this end. But the fact of matter is, is that the Budget Director, who deals with the Oversight Board, I think, should weigh in on this. And, Mr. Budget Director, I know the Manager has said on the record, and I'll read it into the record, that the Manager has requested that the City Commission not adopt this ordinance, is that correct, Mr. Manager? Mr. Warshaw: Yes, sir. And, Commissioner, don't construe my silence with my desire to become the permanent Manager. My silence was ... I wasn't asked to comment. Commissioner Teele: I knew I could pry your mouth open. Mr. Warshaw: Now that I've been asked to comment, you're right. Vice Chairman Plummer: Have you had a psychological examination recently? Mr. Warshaw: I did commit to writing, and I agree with you, that this hundred and eight thousand ... and I can tell you before the Commission meeting started this morning, I received a rather lengthy memorandum from the Oversight Board from PFM, talking about what the possibilities are for tomorrow. It appears to me that, you know, we're going to have a long road to hoe. So, I agree with you and I've stated on the record that taking a hundred and eight thousand dollars ($108,000) out of projected, anticipated revenue from next year's budget... Commissioner Teele: Recurring revenue. Mr. Warshaw: Recurring revenue is obviously something I'm against. In addition to the fact that this could be a precedent setting issue as it relates to singling out the condominiums and not offering that same benefit to other commercial establishments, trailer parks, apartment buildings, co-ops, etcetera. 151 July 21, 1998 Vice Chairman Plummer: All right. Mr. Clerk, call the roll. Mr. Goenaga: Wait. Vice Chairman Plummer: This is not a public hearing. Mr. Maxwell: Was the... Commissioner Gort: I'd like to make a statement. Vice Chairman Plummer: I'll let you talk on the second reading. Mr. Maxwell: I'm sorry. Did the City Attorney read the title? Commissioner Teele: Mr. Vice Chairman, with all due respect, I asked... Vice Chairman Plummer: Mr. Teele. Commissioner Teele: ...that the Budget Officer be afforded ... and I need to know from the Budget Officer... Vice Chairman Plummer: It is done. Mr. Dipak, speak. Commissioner Teele: What is your recommendation on this? Do you think I'm overstating the Oversight Board's concern about this issue? Mr. Parekh: Absolutely not, sir. I think you're perfectly right. Vice Chairman Plummer: Mr. City Attorney. Mr. Maxwell: Just a question, Mr. Vice Chairman. I was questioning whether or not the title had been read. The Clerk advises me that it has. Vice Chairman Plummer: OK. Now, I'm going to make a very brief comment and it's my opinion. You know, it's one thing to say... and I understand what Teele is saying and the day has got to come where we've got to reckon with the thing. But we made a mistake. How in the hell do you call a condominium a commercial use? We goofed. Now, if we goofed, we've got to correct the mistake. You can say you can apply some other fee towards them, without any question, but to call it a commercial use, it is not, unless we don't know something that's going on behind closed doors. So all I'm saying to you is, Mr. Teele, I agree with you, sir, but, in this particular case, we made a mistake by virtue of terminology at the least and, as far as I'm concerned, I'm willing to correct that mistake. Commissioner Gort: Mr. Chairperson? Commissioner Teele: Commissioner, and with due respect, I recognize that you're being an effective advocate for your constituents and for the district and I'm grateful. I mean, I support you on that. All that I'm saying is that the timing is something... Vice Chairman Plummer: I understand. 152 July 21, 1998 Commissioner Teele: J.L., I want to get out from under the Oversight Board. I mean, I think there's a lot of mischief being applied. They're concerned about some things. They don't give a darn about other things. But the fact of the matter is, if we're going to get out from under this thing, the predicate is going to be a change in Governor, OK. Because the previous Governor's not going to do it and we need to send that signal. Let me ask this of the attorney. Does this language include co-ops? Town Square Village in Overtown is a eight hundred person co-op. They've had a very difficult time. They don't even have roofs. The roofs are leaking. Is a co-op included in this language? Mr. Maxwell: This says, as defined by Chapter 7... Commissioner Teele: Is a co-op included in the language? Mr. Maxwell: I wouldn't be able to answer that question without looking specifically at Chapter 718, Florida Statutes, to see if it is. It is not in the language as is. Commissioner Teele: Would you consider ensuring that condominiums and co-ops, which are essentially the same? Mr. Maxwell: That's... that's the purview... Commissioner, if the Commission wants to include co-ops in this language, we can do so now. Commissioner Teele: Well, I don't see how you're going to include condos and exclude co-ops. Mr. Maxwell: That's your purview. That's your prerogative, sir. It's up to you. Vice Chairman Plummer: OK. My question is, is there a dollar figure applied towards it? And, if so, then how much that the Manager will have to find to overcome the deficit? Commissioner Teele: Well, let me just say this. Co-ops essentially are largely poor people's versions of condominiums and I'll be darn if I'm going to sit here ... even though I'm going to vote against it ... and let this Commission treat rich people one way or affluent people one way, to whom my wife is one, who owns condominiums, and treat people who are in co-ops totally different. A co-op and a condominium are the same. Vice Chairman Plummer: Can I make a suggestion? This is on first reading. Passes on first reading. Have an ordinance prepared for your co-ops for the second reading and we address both of them at the same time. Commissioner Gort: Add it. Amend it. Commissioner Sanchez: Mr. Chairman? Commissioner Gort: Amend this... Vice Chairman Plummer: Is that agreeable? Commissioner Sanchez: Mr. Chairman? Commissioner Teele: Amend this thing. Commissioner Sanchez: Can I make a recommendation? 153 July 21, 1998 Vice Chairman Plummer: I don't know see how you can amend it without knowing the cost factor. Commissioner Sanchez: Can I make a recommendation? Vice Chairman Plummer: We are under a policy... Commissioner Teele: You got less co-ops than you got condos but it's an equal protection issue. Vice Chairman Plummer: Mr. Teele, we have a policy that says that we cannot pass anything here without having a dollar adjustment by the Manager. Commissioner Teele: We also have a policy that says equal protection, that people will be treated equally and will be afforded equal protection under the law. Vice Chairman Plummer: Sir, do you wish to make an amendment? Commissioner Sanchez: Mr. Chairman? Commissioner Teele: I would move that the word co-op ... condominium and co-ops be added throughout this and that the Manager report back the fiscal impact of the distinction between the two. Vice Chairman Plummer: Second reading. OK. Motion understood? Commissioner Gort: Let... Commissioner Sanchez: Can I make a recommendation? Vice Chairman Plummer: Yes, sir. Commissioner Sanchez: Please. Thank you. Vice Chairman Plummer: Why not? We've had five so far. What's another one? Commissioner Gort: I haven't had a chance to speak yet. Commissioner Sanchez: Due to the continuous economic distress of the City of Miami and residents not support raising in their fees, I respectfully request that the Budget Department conduct a revenue analysis of all user fees, along with the cost analysis of the services. In addition to the counts of papers ... of approaching issues of costing our individual services, all departments, including the Commission. This analyst needs to be completed as soon as possible, so that the members of this Commission would make correct decisions regarding our City. Before raising additional fees, it is necessary for the City to analyze their user fee schedule and determine whether the City is charging accordingly for their services. The residents deserve good services for their money. Is that a recommendation that could be accepted, Mr. Director? Vice Chairman Plummer: You've put that in a memo form to the Manager and he can, of course, reply to you. Call the roll. Commissioner Sanchez: I want to hear from the Budget Director. 154 July 21, 1998 I want to hear from the Budget Director on this. Vice Chairman Plummer: The motion, at this time, unless I am wrong, has been amended to include the word co-op. Commissioner Teele: And, for the record, there are some upscaled co-ops. There are some very affluent co-ops. Vice Chairman Plummer: I'm not saying upscale or down scale. Commissioner Teele: All right. I just want ... I made reference that co-ops are poor people's condos and there's some rich people's co-ops too. Vice Chairman Plummer: With Gucci shoes. Commissioner Gort: Excuse me. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Let me tell you something. I think the... Vice Chairman Plummer: I feel like I'm losing it. Commissioner Gort: Governor's Committee have done a great job and I think we like to have it. At the same time, if we would have followed all the suggestions that they recommended at first, we would not be here today. I think we took some of the recommendations and we adapted what's practical. When we first spoke about the fire fee, I had a lot of people come in here and tell me that the original fire fee, if we were to implement that fire fee, would put our people out of competition with the rest of Dade County. We got over six thousand new units coming into this area and this will help, I think, to sell those units. I don't know if we're going to be able to sell them all or not but the more we sell, the more people will buy, the more taxes we going to get in here and that's why I'm in favor of this one. Vice Chairman Plummer: Call the roll. Vice Chairman Plummer: It passes four to one. An Ordinance Entitled - AN ORDINANCE AMENDING CHAPTER 22, ARTICLE I, SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "WASTE FEES," BY EXEMPTING RESIDENTIAL CONDOMINIUMS, AND RESIDENTIAL CONDOMINIUM ASSOCIATIONS AND CO-OPERATIVES AND CO-OPERATIVE ASSOCIATIONS FROM THE ASSESSMENT OF SUPPLEMENTAL WASTE FEES AS SPECIFIED THEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 155 July 21, 1998 was introduced by Commissioner Regalado, seconded by Commissioner Gort, and was passed in first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: Commissioner Arthur E. Teele, Jr. 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. 43. APPROVE ESTABLISHING ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 — DIRECTING PREPARATION OF AN ASSESSMENT ROLL — AUTHORIZING PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF AND PROVIDING AN EFFECTIVE DATE — SEE LABEL 47. Vice Chairman Plummer: OK. Next item is Item 26, Fire Assessment fee. We could jump out of one and into the other. Please have Item 28A come back. All right. Who wants to speak on Item 26? Commissioner Sanchez: If I just may add, City Manager, you will be receiving a memo, reference requiring a Budget Department conduct a revenue analysis of all of our costs. So you'll get a memo on that. Vice Chairman Plummer: Is there a motion on 26? Commissioner Gort: What you doing, we send out the date for a public hearing, am I correct? Vice Chairman Plummer: Mr. Fire Chief? Mr. Gimenez: You're setting an initial assessment and you're setting up a date for a public hearing on September 14th at 10:00 A.M. Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor, say "aye.". All oppose? The Commission (Collectively): Aye. Vice Chairman Plummer: (Unanimous). 156 July 21, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-773 A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner 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. /:: _3L [06 T� 44. APPOINT CARLOS ENRIQUEZ / ELI FEINBERG / YOLANDA CASH-JACKSON TO FINANCE COMMITTEE — SEE LABEL 32. Vice Chairman Plummer: I have a request to bring back Item 28A, a request by Gort and Regalado. Mr. Gort, do you have an appointment? Commissioner Gort: Yes, I do. Carlos Enrique. Vice Chairman Plummer: All right. Mr. Regalado, you have an appointment. Commissioner Regalado: Yes. Eli Feinberg. Vice Chairman Plummer: Oh, boy. Oh, boy. Mr. Teele? Commissioner Teele: Yolanda Cash Jackson. Vice Chairman Plummer: The names proffered, a motion to approve? Second. All in favor, say "aye." Any opposition? 157 July 21, 1998 The Commission (Collectively): Aye. Vice Chairman Plummer: (Show it unanimous). The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-774 A RESOLUTION APPOINTING SERVE AS MEMBERS OF PURSUANT TO THE CITY OF POLICY. CERTAIN INDIVIDUALS TO THE FINANCE COMMITTEE MIAMI DEBT MANAGEMENT (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. 45. DISCUSS COMPUTING PROPOSED MILLAGE RATE FOR CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 — SEE LABELS 48 AND 68. Vice Chairman Plummer: Item 29. Setting the millage for the City of Miami for the upcoming year. For the record, is there a process or we just use this as the sole source? Mr. Parekh: We are setting the millage per state law. Vice Chairman Plummer: What is the millage for the record? Mr. Parekh: The millage for general operating purposes is 9.5995 and for the debt service it's 1.79 mills. Commissioner Gort: It's the same last year. We dropped on the debt service. Mr. Parekh: We have dropped point one three in the debt service. Vice Chairman Plummer: Is there a motion on 29? Commissioner Gort: Move it. 158 July 21, 1998 Vice Chairman Plummer: Moved by Gort. Seconded by ... moved by Gort. Seconded by ... moved by Gort. Seconded by... Commissioner Gort: Don't do it. 46. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA — FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. Vice Chairman Plummer: Item 30. Item 30 is the DDA and that is to establish a half of mill. Commissioner Gort: Move it. Vice Chairman Plummer: Moved by Gort. Seconded by Teele. Is there any further discussion? It's a resolution. All in favor, say "aye." Any opposition? The Commission (Collectively): Aye. Vice Chairman Plummer: (Show unanimous). The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-775 A RESOLUTION AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; AND AUTHORIZING AND DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARINGS AT WHICH TIME THE MIAMI CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 159 July 21, 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. 47. CONTINUE DISCUSSION CONCERNING ESTABLISHMENT OF FIRE ASSESSMENT FEE — SEE LABEL 26. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: We just passed the fire fee issue. Does that have a companion request that it be placed on the trim ... on the... Vice Chairman Plummer: Fire Chief? Commissioner Teele: On the bill ... the tax bill? Vice Chairman Plummer: Where is the Fire Chief? For the third and final time of the Ex -Fire Chief. Where is the Fire Chief? Mr. Teele, as soon as he does arrive, we will get an answer for you. Commissioner Teele: Well, the Budget Director's Office ought to know the answer. Vice Chairman Plummer: Mr. Dipak. Commissioner Gort: It's a great violation of state law, guys. Mr. Parekh: I believe that was in compliance with the trim bill, sir. That was the actual resolution, which was passed. Commissioner Teele: Yeah, but the question is, do we have a ... did we pass a resolution formally requesting the Property Appraiser to put this on the trim bill? Mr. Parekh: That was it. Commissioner Teele: That was included? Mr. Parekh: That was it, yes. 160 July 21, 1998 Vice Chairman Plummer: Thank you, Mr. Fire Chief. You were excellent, as always. 48. CONTINUE DISCUSSION ON PROPOSED MILLAGE RATE FOR CITY — FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 — SEE LABELS 45 AND 68. Vice Chairman Plummer: The next item is 30A, which is my item. I would ask that the "A," "B" and "C" be moved as quickly as possible. Commissioner Teele: I think we all know that, if we don't pass .... if we don't address 29, we may as well all just shut down. Vice Chairman Plummer: Sir, I asked three times. Commissioner Teele: Why didn't you second it? You're making motions all the time. You're second... Vice Chairman Plummer: But you said that I could but you didn't say I could second them. OK. Item 30A, I move it. Commissioner Gort: What's 30A? Vice Chairman Plummer: The Bayfront Park. Commissioner Gort: I don't know. I've got to think about it. Vice Chairman Plummer: OK. Thirty "B." Commissioner Teele: I would move Item 29 for purposes of discussion. Vice Chairman Plummer: Move Item 29. Is there a second? Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: There is a second. For discussion purposes. Commissioner Teele: Let me ask, what's the roll back rate and why isn't the roll back rate clearly... Vice Chairman Plummer: Mr. Dipak. Commissioner Teele: Clearly stated? It was my understanding that the roll back rate must always be announced. And I thought also the state law require that you publish the roll back rate. Mr. Dipak: Yes. That will be done in the advertisement before the first and second public hearing. Commissioner Teele: Well, why in the hell would you advertise it but you won't give it to the Commission? Mr. Parekh: Commissioner, the process is that we come before the City Commission with a resolution before August the 4th. 161 July 21, 1998 Commissioner Teele: OK. Mr. Parekh: And then, in between... Commissioner Teele: Dipak, I don't want argue with you. You're a wonderful gentleman. Commissioner Sanchez: Dipak? Commissioner Teele: Listen, is the roll back rate contained on this memo? Vice Chairman Plummer: Careful. Mr. Parekh: It's not on that memo, sir. Commissioner Teele: OK. Mr. Manager, just so that the code gets broken here, the roll back rate is a rate referred to in the Constitution, in the state laws, that is the base line by which everything operates from. It would seem to me that, in the future, that the roll back rate will always be a part of in the, and a discussion point of the memorandum. What is the roll back rate? Mr. Warshaw: Nine point two one four nine. Commissioner Teele: Nine point two one... Mr. Warshaw: Four nine. Commissioner Teele: Four nine. Vice Chairman Plummer: I'd just vote for that to watch the Oversight Board commit suicide. Commissioner Teele: Well, I don't think they commit suicide. I think we'd commit suicide. We're the ones trying to give away money. I mean... Commissioner Gort: How about debt service? Commissioner Teele: You got a hundred thousand... Vice Chairman Plummer: Does that affect the roll back... Mr. Parekh: There's no roll back rate. Vice Chairman Plummer: Doesn't affect it. Commissioner Gort: What was the ... at one time the debt service two years ago was two something. Vice Chairman Plummer: Way up. Mr. Parekh: Two point one. Commissioner Gort: Two point one. This one's one point seven nine. 162 July 21, 1998 Commissioner Teele: Well, I want to say this. When I went on the County Commission, I kept saying we're going to reduce the taxes. Everybody thought I was crazy. We reduced taxes for two years. Two successive years. That is, below the roll back rate. Now the unions, at this point, should all be awake because, basically, what you're talking about now is, you can't pay the salary of the employees and reduce the taxes. Because we already are in just a razor thin kind of situation. The management is recommending that we retain the same millage rate as we have currently, which means, we're increasing the millage rate from the roll back rate by what, three tenths, four tenths of a mill? Mr. Parekh: Four point one seven percent. Commissioner Teele: Four point one... Mr. Parekh: Seven. Commissioner Teele: Seven per... Mr. Parekh: Percent. Commissioner Teele: Percent of a mill. This is the last year that I am going to vote to increase the roll back rate. All right. I just want to put everybody on notice. Next year I will be voting whatever the roll back rate is, OK? Because it's very clear to me that if we can start the kinds of things that we're doing here for the last six months, that I see, we clearly have too much money. I mean, we start giving away money to this. The condominiums are here. We've got this group. We've got that group. And I think the unions know what I'm saying because this is a two -edge sword. You say Steve Clark said everybody wants to go to heaven but nobody wants to die. This Commission wants to make everybody happy but when it's time to increase taxes, you can't even get a second to a motion, OK. The only way we're going to spend all the money that everybody plans to do is, somebody's got to move this thing and second this thing, which, you know, it died for a lack of second a minute ago. So I want to be very clear, next year I will be supporting the roll back rate, not a penny more. Now, the Manager is recommending a debt ... a rate of nine point five nine nine five. Is that right? Nine point five nine. Mr. Warshaw: Nine point five nine nine five, yes, sir. Commissioner Teele: So... Vice Chairman Plummer: No. Commissioner Teele: He said 9.5995... Vice Chairman Plummer: I thought it was 9.9559. Commissioner Teele: Or roughly nine point six. Commissioner Teele: Nine point five nine or roughly, nine point six. Mr. Parekh: Yes. Commissioner Gort: Nine point six. Commissioner Teele: What's the difference between 9.59 and 9.50? 163 July 21, 1998 Vice Chairman Plummer: One. Mr. Parekh: Point... Commissioner Teele: Dollar difference. If one mill equals, what, 11 million? Mr. Dipak: On a net, 11.8. Commissioner Teele: Huh? Mr. Dipak: On a net basis, 11.8. Commissioner Teele: So one tenth of mill represents what? Mr. Parekh: One point eight million. Commissioner Teele: One point eight million? One point eight million? Mr. Parekh: One tenth of a mill represents one point eight million dollars ($1,800,000). Mr. Goenaga: Where's a computer? Commissioner Sanchez: Mr. Dipak, I have a question for you. Wouldn't it be... Vice Chairman Plummer: Wait a minute. Woa, woa. Now, hold up. Mr. Teele, are you finished? Commissioner Teele: Well, I can tell you right now, I think we need to send the right message to the City and we need to start talking about lowering this rate. Commissioner Sanchez: It's already high. Vice Chairman Plummer: All right. Mr. Sanchez. Commissioner Sanchez: I just have a very simple question and that question, if we have had the proper answers to a lot of these things, like a revenue analysis, analysis of what user the fees are and stuff, we would be able to make some of these decisions. I agree with him, the rates are too high. And I will not support it this year. I will not support it next year because they're just too high. And all that you're doing is, you know, raising the value of the property but still you're raising their taxes. Vice Chairman Plummer: OK. The item before us is Item 29. There is a motion made by Teele. Seconded by Gort. Commissioner Teele: For purposes of discussion. Vice Chairman Plummer: For purposes of discussion. Call the roll. Commissioner Teele: You know, I'd like to send the right signal. I'd like to talk about lowering it. Vice Chairman Plummer: Well, hey, you're entitled to commit suicide. 164 July 21, 1998 Commissioner Teele: Well, you know, you know what's going to happen. At least two or three people may vote against it because they don't want to be for these high taxes. And to be very honest with you... Vice Chairman Plummer: You want to discuss it? Commissioner Teele: ...we're raising taxes. I mean, let's be very clear. We are raising taxes today and nobody wants to ... so, I mean, you know, I'd tried ... Mr. Dipak, what about nine point five five for size? Mr. Parekh: Five five? That would be about four point oh four. Vice Chairman Plummer: Comes out of the Police budget? Commissioner Teele: Well, anything you do is going to affect the Police and Fire 75 percent. Seventy-five percent of the city is Police and Fire, right? Vice Chairman Plummer: OK. Mr. Teele, do you have your answer? Commissioner Teele: What's ... how much dollars are we talking about, going from 9.5995 to 9.55? Mr. Parekh: Basically, about ... it's point half of a mill. That's about, roughly, nine hundred thousand dollars ($900,000). Commissioner Teele: No, it's not. It's five one hundredth of a mill. It's not nine point five ... it's not nine point five ... nine point five five as opposed to nine point five nine. Mr. Parekh: That's point... roughly, you're talking about four hundred thousand... Commissioner Teele: You're bad at math as I am. Mr. Parekh: Four seventy-six. Commissioner Teele: Huh? Mr. Parekh: Half a million. And I'm going to recommend against that because you don't have ... you only have sixty-eight thousand dollars ($68,000) as a surplus. You just added another three hundred thousand. You cut two hundred thousand dollars ($200,000) from your own budget. You are eight hundred thousand dollars ($800,000), which is razor, razor thin. Vice Chairman Plummer: Mr. Teele, do you have your answer? The motion on the floor is to approve Item 29 for purposes of discussion. You moved it. Gort second. Is there any further discussion. Call the roll. [NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL.] Vice Chairman Plummer: Announce the results. Mr. Foeman: City, if the pass is construed as a... Commissioner Teele: I vote no. 165 July 21, 1998 Vice Chairman Plummer: That's two two. Commissioner Teele: No, it ain't. Commissioner Regalado: Three to one. Vice Chairman Plummer: Three one. Commissioner Teele: It's three two ... three one. Vice Chairman Plummer: Three one is a no? Commissioner Regalado: You voted no. Commissioner Gort: That's it. Commissioner Teele: See, that's what I'm trying to tell you, J.L. We're sitting up here. Everybody's trying to figure out how to give away money but when it's time to raise the money, we're going to give away. Vice Chairman Plummer: OK. Commissioner Teele: The only way you're going to give away the money you're talking about giving away, you've got to raise the money. 49. REJECT BID PROTEST FROM AARYA CONSTRUCTION AND DESIGN, INC. — FOR AWARD OF CONTRACT TO RJB BUILDERS CORP. — FOR BAYFRONT PARK APRONS AND SOUTH END WALKWAYS PROJECT. BID 97-98-140 Vice Chairman Plummer: All right. May I suggest that we not defer people. We have ... we can come back to this item. We have people that are waiting here for other matters. Can we come back to this, please, later and we can stay here until it's done, if it's midnight. But I don't think we should delay people any further right now. If I have no objections to that, I'm going to skip down to the other two personal appearances and then I'm going to zoning, OK? Commissioner Regalado: J.L? Vice Chairman Plummer: All right. Under personal appearances... and I'll even hold mine until the end. Commissioner Regalado: Thirty "A" and 31. Thirty "A" and 30B. Vice Chairman Plummer: Thirty-one and 32 have been done. Commissioner Regalado: No, no, no. Vice Chairman Plummer: Thirty A, B and C are my items. Can wait. Vice Chairman Plummer: OK? Thirty-two... Unidentified Speaker: Could I get some idea ... I'm here for 30A and 30B as to... 166 July 21, 1998 Vice Chairman Plummer: Well then, sit down, sir and we'll get to you eventually. OK. Now, the two personal appearance items are ... that are left, are Theater Marti and we'll take that up now, if you wish, or we can delay that until later. Now or later? Commissioner Sanchez: Later. Vice Chairman Plummer: Later. I'll hold my lot clearing until later. Is there anything else that is absolutely binding to take care of? I think 30A, B and C could be done very quickly, unless somebody has a problem? All right. That's all Bayfront Park. Thirty "A," 30B and 30C. If there's no problem, give me a motion on 30A? Commissioner Teele: So moved. Commissioner Sanchez: Second. Vice Chairman Plummer: I'm sorry? Mr. David Nevel: There's a bid protest and... Vice Chairman Plummer: I understand that. I understand the bid process was heard. Mr. Nevel Well, I would ask ... no, it was not heard and I would ask to speak on that as a... Vice Chairman Plummer: Excuse me. Mr. Nevel: We had a ... Commissioner, my client, Area Construction, submitted a bid that was seventy-six thousand dollars ($76,000.00) lower... Vice Chairman Plummer: Sir, we're very much aware of that. Now, why wasn't the appeal heard? Ms. Marva Wiley: I did respond to their formal written protest and it was rejected as being without merit. Vice Chairman Plummer: So it was heard? Ms. Wiley: Yes. Vice Chairman Plummer: OK. Mr. Nevel: It's subject the approval by this Commission and what we're asking is that this Commission hear us. Commissioner... Vice Chairman Plummer: Sir, I'll give you two minutes. Go. But speak to the issue. The reason that you were rejected, which I would love to have you there for seventy-six thousand dollars ($76,000) cheaper, was that you were not in compliance with the RFP (Request For Proposal), which calls for 20 years experience and 10 other municipal jobs. Mr. Nevel: The RFP also calls that there be an irrigation qualifications of the irrigation subcontractor and that was not supplied by the... 167 July 21, 1998 Vice Chairman Plummer: All right. Sir, for the record... Mr. Nevel: by the successful bidder. Our bid was seventy-six thousand dollars ($76,000) . Vice Chairman Plummer: Sir, for the record, state your name, the company you represent, your mailing address and you have two minutes. Mr. Nevel: My name is David Nevel. I'm an attorney. I practice law at 420 Lincoln Road. Vice Chairman Plummer: Are you a registered lobbyist with the City of Miami? Mr. Nevel: I paid my six hundred dollars ($600) today, which is about three hundred dollars ($300) an hour... Vice Chairman Plummer: And we appreciate that, sir. Proceed with your two minutes. Mr. Nevel: I get ... three hundred dollars ($300) a minute. For two minutes, I paid three hundred dollars ($300) a minute. Vice Chairman Plummer: There's nothing wrong with that. You charge more. Mr. Nevel: You shouldn't award this bid. It's a disgrace. There's a seventy-six thousand dollar ($76,000) disparity. That over 20 percent. There's an inconsistency in the documentation that's been provided by your Administration, who sent my client a correspondence that the cost of this project is four hundred and ninety-six thousand dollars ($496,000) and that his bid of four hundred and fifteen thousand dollars ($415,000) is too low. So, now the City of Miami is punishing competitive bidders. In fact, he's contradicted himself because the Manager, in his own recommendation to you, represented that the cost of this project is four hundred and fifty thousand dollars ($450,000). That's a seven and a half percent margin between my client's bid and their cost estimate and that's perfectly reasonable. I would like to know what the procedure is for appearing before the Oversight Board because I certainly do not feel that it is in the best interest of the City of Miami Beach to waive irregularities on behalf of a bidder... Vice Chairman Plummer: City of Miami. Mr. Nevel: The City of Miami to waive irregularities on behalf of a bidder who bids seventy-six thousand dollars ($76,000) higher than the low bidder and not to waive similar irregularities on the part of the ... on behalf of the low bidder and that's what occurred here. And I might also point out, by way of closing, that at 2:00 this afternoon I get a correspondence from the Mayor's office rejecting this bid. My client gets a call and he's on a ... on his way to catch a plane and I don't know why you would want to slam dunk a bid like this at the cost of seventy-six thousand dollars ($76,000) to the City of Miami. So I would ask that the Oversight Board, if you do approve this, please be advised that, of this protest, we wish to be advised as to what the procedure is to lodge our protest before the Oversight Board because if there ever was a case in point that the Oversight Board should review, this is it. Thank you. Vice Chairman Plummer: Thank you, sir. You'd like to respond. Ms. Wiley: Marva Wiley, Purchasing Department. The allegations contained in the formal written protest regarded the bid submitted by the recommended award bidder. All of the allegations were found to be erroneous. The low ... apparent low bidder did not complete the bid that it submitted and that was the reason it was found non -responsive. So, the amount of the bid is irrelevant if the bid was not complete when it was 168 July 21, 1998 filed. Mr. Nevel: They waived an irregularity. Vice Chairman Plummer: Sir, you had your time. Ms. Nevel: OK. Can I question her? Vice Chairman Plummer: You can find out ... because I don't even know how you go before the Oversight Board. Make a mistake and you'll be there but, other than that, the regular procedure, I don't know. They can tell you. Mr. Nevel: Can I ... may I ask a question? Vice Chairman Plummer: One question. Mr. Nevel: OK. Was there a representation that there ... in the bid that you're recommending be approved that the irrigation contractor was in business in the Miami area for 30 years and there was a foreman that was spent 20 years with the company as required on Page 9, Item 1, of the Special Conditions? Ms. Wiley: That is contained in the Special Conditions, but the bid document does not require that the bidder address that. That is something... Mr. Nevel: Well, the Special Conditions were the conditions that you said we didn't meet. Vice Chairman Plummer: Well, wait a minute. Sir, sir, don't argue. You can ask a question. Don't argue. Mr. Nevel: They tailored their response to make it possible for the City to spend an extra seventy-six thousand dollars ($76,000). If that's what you want, go ahead and approve their recommendation. Vice Chairman Plummer: Well, that's a foolish statement, which I won't address. Is there a motion? I think there is a motion. Commissioner Teele: There's a question. Vice Chairman Plummer: There is a question. Who has a question? You calling the question or you have a question? Commissioner Teele: I have a question. Vice Chairman Plummer: All right, sir. Commissioner Teele: What was the basis of rejecting the proposal by the disappointed bidder and was it reviewed by legal? Ms. Wiley: Yes, it was, on both counts. I reviewed the bid, serving for the Chief Procurement Officer in her...on her vacation. Each of the allegations made in the Formal Written Protest... Commissioner Teele: No, no, no. What is your basis for rejecting the disappointed bidder's bid proposal? This was an RFP? 169 July 21, 1998 Ms. Wiley: OK. Yeah, that was a Public Works... Mr. Jim Kay: Basis of rejection was one, it required the prime contractor to have 20 years of experience. Number two... Commissioner Teele: How many years of experience did they have? Mr. Kay: They showed eight years. And number two, he was required to submit a listing of at least 10 similar projects that he done in the past, including those of his electrical subcontractor. He did not provide that with the bid. The third thing was our concern about the price of the bid itself. It was low in comparison to the other bids and low in comparison to the architect's estimate. We were particularly concerned about the bid submitted by the electrical subcontractor. His bid was sixty-nine thousand dollars ($69,000). The next lowest bidder was a hundred and twelve thousand. And we know, for a fact ... and I talked to the president of the company, Mr. Sam Sammie. And I'm sorry he's not here to confirm this ... that the cost of the materials for the electrical job was forty-eight thousand dollars ($48,000) alone and all we have is sixty-nine thousand dollars ($69,000) total in his bid for that. So, the elec... he was also adding to that ... Mr. Sammie told me he was adding to that a 20 percent profit on his part. According to my arithmetic, unless it's wrong, that would only leave about ten thousand dollars ($10,000.00) in labor charges for the electrical subcontractor. Commissioner Teele: You required two years experience and the disappointed bidder had approximately eight? Mr. Kay: That's correct. Mr. Nevel: It's 20 years in the City of Miami. Commissioner Teele: And the success... Vice Chairman Plummer: Sir, the public hearing is closed. Now, I gave you your two minutes. Commissioner Teele: Twenty years in the City of Miami and the disappointed bidder had approximately eight in the City of Miami? Mr. Kay: That's correct. Commissioner Teele: And the successful bidder? Mr. Kay: Had over 20. Commissioner Teele: I would move to reject the bid protest and to award based upon the Manager's recommendation. Vice Chairman Plummer: There is a motion and there is a second. Mr ... is this a public hearing? Is this a public hearing? Mr. Vilarello: Yes. Vice Chairman Plummer: Mr. Boom -Boom. 170 July 21, 1998 Mr. Goenaga: You see, again ... here we go again. You try to ... that I don't speak that, apparently, I have more experience than four of the Commissioners together because I became 60 years old yesterday. Except for Mr. Plummer, I have more experience than all of you guys together. And let me tell you, the experience that I have had, that I have acquired since 1990, coming to this City Commission and raising hell and telling the truth and you people don't even pay attention, I deserve at least the courtesy of a proclamation for September. Vice Chairman Plummer: We will, as soon as you pass away. Mr. Goenaga: Thank you. And let me tell you, I hope that whoever is awarded, they don't come next week with a change order. Vice Chairman Plummer: Yes. Mr. Goenaga: And change orders and change orders because I call them pocket items in your language. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: I think it's very important that we state this on the record. My understanding is, in the statement that you have made is because of the bids coming as low as they have, you have fear that the people will not be able ... that what's happened in the past ... finish their job and get into a lot of the problems that we had in the past. Mr. Kay: The reasons were stated. There were three reasons primarily. One was the 20 years of experience. The fact that he did not submit... Commissioner Gort: Why the reason you needed 20 years of experience? Mr. Kay: Why? Commissioner Gort: Yes. Mr. Kay: We wanted... Commissioner Teele: Twenty years of local experience. Commissioner Gort: Local experience. Mr. Kay: Local experience. Vice Chairman Plummer: Yeah. Mr. Kay: That was in the specifications by the architect. Commissioner Gort: That was part of the condition that was in the RFP and the people that answer the RFP... didn't hear that. Commissioner Teele: It came from the Bayfront Trust. That's the answer. 171 July 21, 1998 Commissioner Gort: OK. Vice Chairman Plummer: Well, excuse me. Let's put on the record, it came from Bayfront Trust predicated on statements by our architect, Mr. Lester Pencoast, that he felt that it was absolutely necessary. I think that it should be noted for the record that the low bidder indicated that he had done sidewalk jobs for many, many years. This is not a sidewalk. This is a specialty item of the rock around the fountain and it is a lot different than a sidewalk. OK. Call the roll. Mr. Foeman: I need a seconder. Vice Chairman Plummer: I second it. The following resolution was introduced by Commissioner Teele, who moved its adoption: A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF AARYA CONSTRUCTION & DESIGN, INC., IN CONNECTION WITH BID NO. 97-98-140 FOR THE PROJECT ENTITLED `BAYFRONT PARK — APRONS & SOUTH END WALKWAYS CONSTRUCTION, PROJECT B-3264," AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. (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 Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. 172 July 21, 1998 50. ACCEPT BID OF RJB BUILDERS, CORPORATION, IN THE PROPOSED AMOUNT OF $491,000 — FOR PROJECT ENTITLED `BAYFRONT PARK — APRONS & SOUTH END WALKWAYS CONSTRUCTION PROJECT, B-3264." Vice Chairman Plummer: Thirty "B." Moved by Teele. Seconded by Gort. Commissioner Regalado: Second. Mr. Vilarello: Excuse me. Vice Chairman Plummer: I'm sorry. Mr. Vilarello: I'm sorry, go ahead. Vice Chairman Plummer: Thirty "B" is a resolution. Are you here on 30B also, sir? Mr. Nevel: Yes, I am. Vice Chairman Plummer: All right, sir. Did you file an appeal? Mr. Nevel: Thirty "B" is this item. It's the resolution approving the bid. Vice Chairman Plummer: All right, sir. Mr. Nevel: And now I'd like to speak to the bid itself as opposed to our protest. Vice Chairman Plummer: All right, sir. You have two minutes, sir. For the record, state your name. We've got your mailing address, just so we'll know who's talking. Mr. Nevel: This is a sidewalk, an apron project, and irrigation is certainly important if you want to have grass that grows properly and doesn't flood. And it is my understanding that one of the special conditions that was required, which was in the same genre of items that were used as the basis for rejecting my client's bid, was the submission of 10 large irrigation projects where both the foreman and company have been involved and they asked for 30 years of experience in Miami of the irrigation contractor. Twenty years of experience of the foreman with that company. Now, that's waivable also. If that's waivable, which it perhaps should be, then ours should be waivable. But I would submit to you that this bid, being that there's some ridiculous requirements in this bid, ours should have been, the ridiculous requirements in our bid, the arbitrary requirements that, no matter how long you've been in business as a contractor, that if you have been here eight years instead of 20 years in Miami, if...what's sauce for the goose is good for the gander. How about applying this as well to the irrigation contractor? Furthermore, I object to this bid because all things being equal, you are waiving irregularities in a bid that is seventy-six thousand dollars ($76,000) higher than the lowest bid and that's unlawful. Vice Chairman Plummer: Thank you, sir. Call the roll. Mr. Foeman: I need a seconder. Vice Chairman Plummer: I second it. 173 July 21, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-777 A RESOLUTION ACCEPTING THE BID OF RJB BUILDERS CORPORATION, IN THE PROPOSED AMOUNT OF $491,000.00, TOTAL BID OF THE PROPOSAL FOR THE PROJECT ENTITLED "BAYFRONT PARK - APRONS & SOUTH END WALKWAYS CONSTRUCTION, B-3264"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331401, AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE AMOUNT OF $491,000.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $492,000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Joe Sanchez Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Regalado, Teele 51. APPROVE / SET FORTH / SUBMIT TO ELECTORATE PROPOSED CHARTER AMENDMENT, AMENDING CHARTER OF CITY KNOWN AS CHARTER AMENDMENT NO. 1, TO: (1) ELIMINATE REQUIREMENT OF REFERENDUM FOR SALE OR LEASE OF NON -WATERFRONT CITY -OWNED PROPERTY WHEN VALUE OF PROPERTY IS ($500,000) OR LESS; AND (2) EXEMPT FROM PROVISIONS OF SECTION 29-B THE SALE OR LEASE OF PROPERTY ACQUIRED BY MIAMI-DADE COUNTY FOR DELINQUENT TAXES — FURTHER CALLING ELECTION FOR NOVEMBER 3, 1998. Vice Chairman Plummer: Thirty "C." Moved by Sanchez. Seconded by Gort. Mr. Boom -Boom. Mr. Goenaga: How do you expect to take this to the electorate? If I, who consider myself a little bit more sophisticated than the standard people o£..and even the old people who ... most of them don't even understand English and they are American citizens. Could I get an explanation... because I am not a fool. I might be crazy, Mr. Plummer, but I'm no fool. So, if we do not ... if I do not understand... and I think I have more schooling than most of the people in the City of Miami and with my Puerto Rican haunting English, I think ... and I don't even understand this. Vice Chairman Plummer: What is your question? 174 July 21, 1998 Mr. Goenaga: Could I get a clear explanation of these proposed amendments that is going to go before the voters? Vice Chairman Plummer: Yes, sir. And how you're going to do that... Mr. Goenaga: In simple words. Vice Chairman Plummer: Yes, sir. You're going to contact Mr. Lester Pencoast, who is... Mr. Goenaga: Who is he? Vice Chairman Plummer: Will you listen to me, please? Who is the local representative of the NuGucci Design of the park for which we paid millions and Mr. Lester Pencoast... Mr. Vilarello: This is Item 30C. Vice Chairman Plummer: What? Mr. Vilarello: We're on Item 30C, the Charter amendment. Vice Chairman Plummer: I understand. No, we're on 30.... Commissioner Gort: "C." Mr. Goenaga: "C." Mr. Vilarello: The Charter amendment Commissioner Gort: Staff... Mr. Goenaga: You see, you see, guys. Why don't you resign, Mr. Plummer? Vice Chairman Plummer: It's late in the day. I know, you know... Mr. Goenaga: After 28 years ... you see, do I get ... do I try ... I never try to confuse you, Mr. Plummer. Vice Chairman Plummer: All right, all right. Mr. Goenaga: Please enlighten me. Commissioner Gort: Mr. Manager? Vice Chairman Plummer: Mr. Manager. Commissioner Gort: My understanding, every since I got elected, staff kept coming to me with this ... wanting to do this in order to be able to expedite some of the transactions. I think he's right in the question that he asked. I'd like for staff to explain the reason being because this is going to be a Charter amendment change and I think the voters should be aware of what they're voting on. Vice Chairman Plummer: OK. Mr. Manager or who you wish to speak to the issue. 175 July 21, 1998 Ms. Bianchino: The Charter amendment does... Vice Chairman Plummer: Who are you? Ms. Bianchino: My name is Dena Bianchino. I'm Director of Asset Management. The Charter amendment does two things. Currently, the sale of any property is governed by the Charter, which says that we must receive three bids or we go to referendum or we don't sell the property. The first part of this says that for a property that's worth less than five hundred thousand dollars ($500,000), still go through a bid process, still get appraisals, but you don't have to get three bids. You can sell it with two bids or one bid without a referendum. Vice Chairman Plummer: But there ... wasn't there a proviso, I think Mr. Teele or someone made, this did not reflect on waterfront property? Ms. Bianchino: That is correct. Mr. Goenaga: So, in other words, the Carollo amendment still will stand? Vice Chairman Plummer: As far as waterfront property is concerned, correct. Mr. Goenaga: Yes. Ms. Bianchino: And for properties over five hundred thousand dollars ($500,000). Vice Chairman Plummer: OK. Mr. Goenaga: Thank you very much. Mr. Villarello: Thank you. Vice Chairman Plummer: Is this a resolution or an ordinance? Mr. Vilarello: Resolution. Vice Chairman Plummer: All in favor ... who moved it? Mr. Foeman: Commissioner Sanchez. Vice Chairman Plummer: Regalado moved it and Gort seconded it. All in favor, say "aye." Any opposition? The Commission (Collectively): Aye. (Show it unanimous). 176 July 21, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-778 A RESOLUTION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO: (1) ELIMINATE THE REQUIREMENT OF A REFERENDUM FOR THE SALE OR LEASE OF NON -WATERFRONT CITY -OWNED PROPERTY WHEN THE VALUE OF THE PROPERTY IS FIVE HUNDRED THOUSAND DOLLARS ($500,000) OR LESS, AS DETERMINED BY AN APPRAISAL PERFORMED BY A STATE CERTIFIED GENERAL APPRAISER; AND (2) EXEMPT FROM THE PROVISIONS OF SECTION 29-B THE SALE OR LEASE OF PROPERTY ACQUIRED BY MIAMI-DADE COUNTY FOR DELINQUENT TAXES WHICH HAS BEEN CONVEYED TO THE CITY BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY UNDER THE PROVISIONS OF SECTION 197.592, FLORIDA STATUTES (1997); AND MORE PARTICULARLY BY AMENDING SECTION 29-B OF SAID CHARTER; CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD THE 3'D DAY OF NOVEMBER, 1998, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 1 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. (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. 177 July 21, 1998 52. AUTHORIZE / DIRECT CITY MANAGER TO (THROUGH DEPARTMENT OF PUBLIC WORKS) CONSTRUCT OFF -SITE INFRASTRUCTURE IMPROVEMENTS FOR NEW HOPE OVERTOWN HOUSING PROJECT — FOR $100,000 COST WITH 24TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS — INCREASE FUNDING FOR HOME PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT WITH BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA — FURTHER DIRECTING MANAGER TO ENTER INTO TRI-PARTY AGREEMENT, WITH BAME AND SOUTHEAST / OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY FOR MARKETING PROJECT. Vice Chairman Plummer: This does everything but 32A and 32B. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Reverend White, who's the pastor of Greater Bethel AME Church, has been here since this morning. There is a pocket item relating to them that the Manager has reviewed. Vice Chairman Plummer: Are you are wanting to take a pocket item out of order? Commissioner Teele: I don't ... I would like that, if you would consider it. Vice Chairman Plummer: Do it, sir. Commissioner Teele: I would move the pocket item relating to BAME ... it has as its designation Number 25. It had a designation and it was removed from the agenda and it will be subject to the following conditions: That the City and CRA staff will negotiate the amount of additional subsidy with the balance of a ... with the BAME Corporation, not be to exceed six hundred and thirty-eight thousand zero four zero; that all construction estimates will be verified by a third party engineer; that the City's Public Works Department will construct all off -site infrastructure improvements from within that dollar amount, and that all new subsidies will be passed onto the purchasers of the housing unit as a credit toward the purchase price and that would be what the staff has negotiated among themselves and agreed to. And this would give the Manager the opportunity to sit down with BAME and negotiate with them around these conditions with an up to. Vice Chairman Plummer: Mr. City Manager, have you gone through this item? Mr. Warshaw: Yes, sir. And I'd like Gwen Warren to explain it in a little bit more detail. Vice Chairman Plummer: Now, this is a companion to 25A? Commissioner Teele: Well, what it is, it's... Ms. Warren: It is 25A. Commissioner Teele: It is 25A, but it was not on the agenda. Vice Chairman Plummer: You've already done 25A. 178 July 21, 1998 Commissioner Teele: It was not on the agenda. Mr. Warshaw: This was never on the agenda. It didn't make it onto this agenda. Vice Chairman Plummer: I have a 25A, which was approved this morning. Mr. Warshaw: Commissioner, you should disregard the number in the upper right hand corner. It originally was intended to go on agenda but it got there after the agenda was in print. Vice Chairman Plummer: So it is not 25A? Ms. Warren: Correct. Commissioner Teele: It is not 25A. Mr. Warshaw: Does not have a number. Vice Chairman Plummer: It is strictly a pocket item? Commissioner Teele: It's strictly a pocket item. Vice Chairman Plummer: OK. All right. All right. Now, what you're basically asking, as I understand it, is to send this to the Manager for negotiations to bring back to this Commission? Commissioner Teele: It will come back to the Commission with those caveats, yes. Vice Chairman Plummer: OK. Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: Seconded by Mr. Gort. All in favor, say "aye.". All oppose? The Commission (Collectively): Aye. (Show it unanimous). 179 July 21, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-779 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER, ALONG WITH THE STAFF OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), TO NEGOTIATE WITH BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA (`GAME"), THE AMOUNT OF THE ADDITIONAL FINANCIAL ASSISTANCE, NOT TO EXCEED $638,040.00, TO BE PROVIDED TO BAME FOR THE DEVELOPMENT OF THE NEW HOPE OVERTOWN HOUSING PROJECT ("PROJECT"), SUBJECT TO CERTAIN TERMS AND CONDITIONS AS SET FORTH HEREIN AND THE APPROVAL OF THE CITY COMMISSION, WITH FUNDS THEREFOR BEING AVAILABLE FROM THE 24T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME GRANT; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A TRI-PARTY AGREEMENT WITH BAME AND THE CRA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE FOR THE MARKETING OF THE 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: 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: This Commission is going to take a five minute break, prior to going into... Commissioner Regalado: You want to do another pocket item? Vice Chairman Plummer: No, sir, I want a five minute break because 1 got to do something nobody else can do for me. We'll then go immediately into zoning. Commissioner Teele: Can't we do all the pocket items at the... Vice Chairman Plummer: No. 180 July 21, 1998 THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:30 P.M. AND RECONVENED AT 4:35 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSION WIFREDO GORT. 53. DENY APPEAL — UPHOLD ZONING BOARD DECISION TO DENY VARIANCES TO PERMIT SETBACKS — LOCATION: 1520 SOUTHWEST 11 STREET — APPLICANT: JESUS AND OFELIA GRANDA. Vice Chairman Plummer: Listen, ladies and gentlemen and the union presidents, would you please take a seat. We are now on PZ-1. PZ-1 is 3000 Southwest 3rd Avenue. I'm sorry. PZ-1 is 1520 Southwest 1 lth Street. Ms. Slazyk: PZ-1 is an appeal of a variance that was denied by the Zoning Board by a vote of six to zero. This is the one that the City Commission acted on and denied and then reconsidered at the last meeting. Vice Chairman Plummer: All right. Are the applicants here? Are the applicants on PZ-1 present? Mr. Antonio Granda: Yes, sir. Vice Chairman Plummer: All right, sir. Commissioner Sanchez: Mr. Chairman. Commissioner Teele: Mr. Chairman, if I may add. Vice Chairman Plummer: Mr. Sanchez, I think this... Commissioner Sanchez: I just want to clear ... yes, sir, it's mine. I just want to clear something up. Vice Chairman Plummer: All right. Commissioner Sanchez: I believe that his attorney was here but his attorney did not know that they were here so, they came back and argued after the facts. They did not have a presentation or due process in the situation. So, I took it upon myself, as getting advice from the Committee ... the Commission, excuse me, to try to bring him back so he could would have a due process of argument on his behalf. Vice Chairman Plummer: All right, sir. You wish to make a comment? Mr. Granda: Not at this time, sir. Vice Chairman Plummer: You better make a comment. You're the applicant. Commissioner Sanchez: You have to make an argument on your case. Mr. Granda: Well, at this point, I can safely... Commissioner Sanchez: Are you prepared? 181 July 21, 1998 Mr. Granda: Well, no, I'm not prepared at this time but I do say, it will cause an undue hardship on me and on my parents. And I'd like to say, I'd have a case ... a better case ... a better prepared case in the latter time. Vice Chairman Plummer: All right. Commissioner Sanchez: Are you going to require another attorney or are you going to get to another attorney to represent you on this? Mr. Granda: We're still trying. We're debating that right now. Vice Chairman Plummer: Well, sir, I hate to tell you this but your argument doesn't hold an awful lot of water and I don't want to inconvenience this lady. Ms. Jacqueline Cotareolo: No. Actually, I want to go ahead and state something for the record. I have nothing against you. You have threatened me before and I feel really bad because we're neighbors. Mr. Foeman: Excuse me. Commissioner Plummer, can I swear them in? Vice Chairman Plummer: I'm sorry. Swear in ... raise your right hand and be sworn in. [AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.] Vice Chairman Plummer: For the record, your name? Ms. Cotarelo: My name is Jacqueline Cotarelo-Chatarua and because... Vice Chairman Plummer: Quiet. Ms. Cotarelo: And because of these threats, I will give City Hall's address, 3500 Pan American Drive. I am here in support of the Planning Department's recommendation of denial of the appeal and the variance. This case does not meet the criteria for a variance. As in cases, Miami versus Vadela, Resolution J97-126; Miami versus Campamore J97-696; Miami versus Valdez J98-522. All of these and many more that I have not mentioned, have been denied. We ask that you uphold our zoning ordinances and follow procedure. Vice Chairman Plummer: Thank you. I close the public... Ms. Cotareol: No, no, no. Wait, wait. Because, you know what, this goes along ... and, you know, you had said that ... his attorney was not present at the last hearing. In June 23rd, I was here, his attorney was here and they had some kind of testimony from neighbors. The neighbors later showed up, supposedly... this is what I heard from one of the Clerk's staff. This has been continued and Commissioner Teele, you were present ... no, before, when Commissioner Hernandez was here. Let me refresh your mind. I think you had spoken to one of our members ... to one of the members of the association and you said that, in the County, you only are allowed one continuance. This case goes back to '96. l... you know, this is what happens to citizens of Miami. We have had it, whether it's in Shenandoah, Overtown, Liberty City, everywhere. We are tired. We keep coming back and back and back. I have spent more than six meetings. I have my children here. I brought a neighbor. I've come back and back and back. What are we waiting for? When are we bring closure? And, again, I tell him, I have nothing against you, sir. But, you know what, we need to take care of our neighborhood. We need to have pride. In your packets, that I have presented, I have a 182 July 21, 1998 letter from Shenandoah Neighborhood Association and I also have a letter from a neighbor. I have nothing against them. If they would work us, it would be a whole lot easier. But when you go and you build without permits, you encroach... Mr. Granda: That is incorrect. Vice Chairman Plummer: OK. Look, we're going to have a process here. Are you finished? Ms. Cotarelo: I am finished. Vice Chairman Plummer: Thank you. You want a minute of rebuttal? Mr. Granda: Yeah, something. Vice Chairman Plummer: All right, sir. Mr. Granda: Get a couple punches in. When we bought the ... first of all, I have not threatened you. I don't know where you get off on your high soap. Ms. Cotarelo: I have witnesses. Vice Chairman Plummer: Woa, woa, woa. Ms. Cotarelo: I have a police report. Mr. Granda: And this... Vice Chairman Plummer: Wait, now. He... Mr. Granda: And that's the first thing. And... Vice Chairman Plummer: You had your bit. He's going to have his. We're going to have a process. Mr. Granda: Thank you, Mr. Plummer. That's besides the point, if there was, if there wasn't. We're not here to discuss that. We're here to discuss the variance. Now, going back to the variance. We bought the property as -is. Vice Chairman Plummer: Speak to the Chair, sir. Mr. Granda: Excuse me, sir? Vice Chairman Plummer: Speak to the chairs. We vote, she doesn't. Mr. Granda: I'm sorry. Members of the chair, we bought the property as -is condition and we have not constructed absolutely a darn thing on it. Commissioner Sanchez: In your contract, when you bought it, did it clearly display bought as -is on the papers? When you buy the house, it's got to say the contract you make with the attorney has to clearly state as -is. If you have that ... you're here to make your final argument because there is ... I mean, unless you want ... they won't come back. I'm telling you right now. I did not know, first of all, there was six times 183 July 21, 1998 continued. I just felt that they did not have the proper representation when his attorney took off and they came back and said, we didn't say anything. And I think that everybody ... I don't care whether you're right or wrong ... has the due process and right to come up here and speak on his behalf or against anybody. Mr. Granda: And let me get a word in. If you can hear the prior testimony... the prior meeting, there was ... my ... our attorney said that we were not here, which was wrong. We were here. Vice Chairman Plummer: Can we speak to the issue? The issue is zoning. The zoning issue is a variance. Now, do you have anything else to say, sir, in defense of the variance? Mr. Granda: Well, it does cause an undue hardship on us. Because if you guys deny that variance ... I mean, we are just, you know, citizens. We're not, you know, wealthy. We're not opulent. And we ... we've had that and it's just a storage. We don't use that any ... for personal use or anything. I mean, like to have an apartment there. We just ... it's just for our personal storage. We just keep all our junk there. Commissioner Sanchez: (Inaudible) what's the violation? Vice Chairman Plummer: OK. I'll close the public hearing at this time and ask ... this is Commissioner Sanchez' district. Ask you for a motion. Commissioner Sanchez: Motion to deny the variance, if there is a variance. Vice Chairman Plummer: OK. The motion is... Mr. Maxwell: That will be affirming the decision of the Zoning Board. Vice Chairman Plummer: Affirming the vote of the Zoning Board. Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: Seconded by Mr. Gort. Any further discussion? Call the roll. Commissioner Teele: Are we affirming the staff s recommendation? Vice Chairman Plummer: That's correct. Mr. Foeman: Decision of the Zoning Board. Ms. Slazyk: It's affirming the staff and the Zoning Board. Commissioner Teele: Staff recommendation and the zoning, I vote yes. 184 July 21, 1998 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 98-780 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING A VARIANCE TO PERMIT THE FOLLOWING SETBACKS: A REAR YARD SETBACK OF 4'-0" (20'-0" REQUIRED), A SIDE YARD SETBACK OF 3.2' (5'-0" REQUIRED FOR THE MAIN STRUCTURE) AND A REAR YARD SETBACK OF 1.8' (10'-0" REQUIRED FOR AN ACCESSORY STRUCTURE) FOR AN EXISTING ADDITION TO A SINGLE FAMILY RESIDENCE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1520 SOUTHWEST 11 STREET, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado. 54. GRANT APPEAL WITH MODIFICATIONS OF IMPACT FEE BOARD OF REVIEW DECISION TO DENY RELIEF FROM IMPACT FEES IN AMOUNT OF $8,707.50 FOR BUILDING PERMIT FOR MOSERRAT APARTMENTS — LOCATION: 3000 SOUTHWEST 3 AVENUE. Vice Chairman Plummer: Item PZ-2 is 3000 Southwest 3rd Avenue. Mr. Lazaro Milton. Is he present? Mr. Lazaro Milton: Yes. Vice Chairman Plummer: All right, sir. This was in reference to impact fees. Miss Cuervo, do you wish to speak to the issue. Ms. Cuervo: Commissioners, you deferred this from the June 23rd meeting and you asked staff to review if there was an impact fee credit applicable to the property. We've determined that the amount attributable to the structures that were formally on this site is the amount of eight thousand seven hundred and seven dollars and fifty cents ($8,707.50) However, the Law Department has advised that if the structures were demolished beyond seven years ago, they would deem that that exceed the reasonable period of time to obtain a credit on the impact fees. Vice Chairman Plummer: That's fine. Now, who's going to make that determination? I'm not. 185 July 21, 1998 Mr. Maxwell: The record should reflect, Commissioner, when the buildings were demolished, if that's possible at all. The burden should be on the applicant to do that. Vice Chairman Plummer: All right. Anyone wishing to testify on this issue, raise their hand and be sworn. Commissioner Gort: I have a question. Vice Chairman Plummer: Wait a minute. let's get them sworn in. [AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.] Vice Chairman Plummer: If this other guy's got lobbying fees of three six ... hundred dollars ($600.00), three hundred per minute, Lucia, you must be working for about five dollars ($5.00) a minute. Go ahead, proceed. You get your six hundred dollars ($600) worth. Ms. Dougherty: Good afternoon, Mr. Chairman, members of the Commission. My name is Lucia Dougherty. I'm here with Lazaro Milton, who's my client and the owner of property at 3000 Southwest 3rd Avenue. This is a neighborhood which literally has no new residential development in it. They have a couple of.. Vice Chairman Plummer: Speak to the issue. Ms. Dougherty: I want to tell you something, that this is not a Brickell Avenue developer. This is a neighborhood developer, who's going to put affordable housing in your neighborhood, there isn't any right now and every dollar counts. We have an impact fee that's going to pay for fire, police, streets, sewers and parks. We have paid seventy-five thousand dollars ($75,000) in impact fees. Your Code permits net new development or new development to be paying impact fees. We have a credit, we believe, that is due us for eight thousand seven hundred and seven dollars ($8,707). We also believe we should be due a credit of eight thousand three hundred and seventy dollars ($8,370) because of the street sidewalk improvements, which my client put in. My client also paid, in addition to that, fifty-eight thousand four hundred and forty-five dollars ($58,445.00)for water and water needs that Dade County required of him that, frankly, wasn't to serve his building. It serves the rest of the neighborhood as well. So, based on that, we would really like the Commission to entertain an impact fee credit due us in the amount of nineteen thousand dollars ($19,000). Vice Chairman Plummer: Anything further you wish to state? Ms. Dougherty: And I would like my client to go on the record saying that, in his view ... he doesn't know exactly when these buildings were demolished but in...to the best of his knowledge, these were not demolished within the last...beyond last seven years. Mr. Lazaro Milton: My name is Lazaro Milton. My office is 3711 Southwest 27th Street. And I have to say, to the best of my recollection, the old structure were there, I would say, about five years ago. Vice Chairman Plummer: Thank you, sir. I close the public hearing. There is ... it's in my district. Commissioner Gort: I have a question. 186 July 21, 1998 Vice Chairman Plummer: Mr. Gort. Commissioner Gort: To demolish a property that size, there has to be a permit that had been pulled. Ms. Dougherty: I want you to know, my client purchased the property two years ago and I understand that there are no permits for the demolition. Commissioner Gort: Excuse me? Ms. Dougherty: We... Commissioner Gort: You mean, you knocked down a three story building and there's no permit? Vice Chairman Plummer: In this town? Ms. Cuervo: Building and Zoning Department researched to see if there was demolition permits pulled on the property and we cannot find the demolition permits. Vice Chairman Plummer: OK. Is there any further discussion? My motion is to ... what is it? Waive the eight thousand... Ms. Cuervo: Seven hundred and seven dollars and fifty cents. Vice Chairman Plummer: That's my motion. Mr. Maxwell: Commissioner, can I, just for the record, so you could... Vice Chairman Plummer: Well, you can if it gets a second. If it doesn't get a seconded, it's... Commissioner Sanchez: Second. Vice Chairman Plummer: Second. OK. Mr. Maxwell: OK. If you want, there's a provision of 13-2 of the City Code dealing with calculation of impact fees, which allows a reduction in the impact fee if, upon verification, the amount of the impact fee calculated and otherwise due by the value to the City of any capital improvements provided ... in other words, you can get ... you can give a credit for that. This board would have authority to do that and, based on testimony, Miss Dougherty, if you're waiving the eight thousand dollars ($8,000), you probably want to indicate that it could be either for improvements made there or, in the alternative, it would be for the buildings that were demolished. Just to keep the record straight there. Vice Chairman Plummer: What is the recommendation of the Administration? Ms. Cuervo: Commissioners, I think, this is the first that we've heard of it, if it's legally permissible and it's a credit that ... and it's an entitlement to them, then... Vice Chairman Plummer: Miss Dougherty, does your client have a choice of "A" or "B"? Ms. Dougherty My client doesn't care. He would like the eight thousand seven hundred and seven dollars 187 July 21, 1998 ($8,707). He doesn't care if it's because he put in sidewalk improvements or because of the demolition. Mr. Maxwell: So the board accepts the testimony of the applicant ... of the appellant here, that the buildings were there no less than six years ago, is that right, Miss Dougherty? Vice Chairman Plummer: We have no way to dispute it. Mr. Captain Longueira, I can't imagine what you're going to give in the testimony but I'll listen. Mr. Longueira: Two things, Commissioner. In the impact fee board ... the impact fee appeal process, if the counsel will verify this, the burden is on the owner of the property to prove his argument in a technical manner. He has not been able to do that. He recollects. He didn't even own the property. He bought it two years ago. Commissioner Gort: Excuse me. Captain Longueira, let me ask you. If I'm the property owner and I want to get on the record when was this building was in existence, I will go to the City of Miami and I will ask the City of Miami Building Department, where is the permit that was pulled to demolish this house? The City, which is the authority, should give me the proof, comes back and says, we don't have one. Mr. Longueira: Probably because it's over seven, eight years ago. If it was that recent, we probably would have had the record. Commissioner Gort: Wait a minute. My understanding is, we've got records going back to ... how long? mean, after seven years we do away with the records? Vice Chairman Plummer: All right. Come on, please. Don't argue back and forth. The second point, Mr. Longueira. Mr. Longueira: The other party issue is that the improvements he made are not covered under impact fee ordinance. Those are normally improvements required in the construction of the property. The impact fee is based on other improvements and the cumulative total in the neighborhood is what designates the fee. He may have had to do something for the County that didn't contribute to the building but that's because the cumulative total of construction in that area required it. Vice Chairman Plummer: OK. Mr. City... Commissioner Gort: We understand. That's why ... he asked for nineteen. According to the motion, it's only eight. Vice Chairman Plummer: Mr. City Attorney, is my motion in order? Mr. Maxwell: Yes, sir. Vice Chairman Plummer: Thank you, sir. For the record, state, Miss Cuervo, the exact amount. Ms. Cuervo: The amount is eight thousand seven hundred and seven dollars and fifty cents ($8,707.50). Vice Chairman Plummer: All right. Call the roll. 188 July 21, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-781 A RESOLUTION REVERSING IN PART THE DECISION OF THE IMPACT FEE BOARD OF REVIEW AND GRANTING THE APPEAL PRESENTED BY THE APPELLANT FOR RELIEF FROM IMPACT FEES IN THE AMOUNT OF $8,707.50 FOR BUILDING PERMIT NO. 98-5002326 FOR THE PROPERTY LOCATED AT APPROXIMATELY 3000 SOUTHWEST 3RD AVENUE, ALSO KNOWN AS THE MONSERRAT APARTMENTS. (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. 55. GRANT APPEAL WITH MODIFICATIONS OF ZONING BOARD DECISION WHICH APPROVED SPECIAL EXCEPTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS — FOR REDUCTION OF UP TO 50 PERCENT OF REQUIRED OFFSTREET PARKING SPACES — LOCATION: 1400 N.W. 16 AVENUE — APPLICANT: TEQUESTA KNOLL APARTMENTS. Vice Chairman Plummer: The next item is PZ-3, which is 1400 Northwest 16th Avenue, otherwise known as Tequesta Knoll Apartments. Ms. Slazyk: This is an appeal of a special... Vice Chairman Plummer: Excuse me. Is the applicant here? The applicant... you don't look like an applicant. Get over there where you belong. OK. And I want, for the record, that just because he's the attorney for the Village of Key Biscayne, I won't hold that against you today. I will on the next meeting. Ms. Slazyk: This is an appeal of a special exception. This is a special exception that was approved by the Zoning Board with conditions that the applicant can't live with. The original recommendation from the Planning Department did not include the conditions that were recommended by the Zoning Board or that were actually granted. The department recommendation, at this time, is to actually go to our original recommendation of approval. This special exception is to reduce the number of Off -Street Parking spaces for low income families and individuals for this housing project. The Zoning Board added a condition that 189 July 21, 1998 the amount of spaces that they're asking for reduction for be set aside, that they set aside the space for it or find a way to provide them and one year after CO come back and do a study and see if they're needed at that time. Vice Chairman Plummer: That was not the worst part. The worst part was that they said in the transcript that in one year, if they said that there wasn't adequate, they had to built a parking structure and those do not come cheap. Ms. Slazyk: That's right. The Planning Department feels that's an unreasonable condition. We have never made affordable housing projects do this and we would recommend that that not be imposed. Vice Chairman Plummer: All right. Mr. Attorney. Mr. Steve Helfman: Steve Helfman. Vice Chairman Plummer: Were you sworn in, sir? Mr. Helfman: No, I don't think so. Was anybody sworn in today? Vice Chairman Plummer: Would you swear him in, please Mr. Maxwell: He's right. I don't know if anyone ... you need to swear in everyone on this item. I don't think ... on this item everyone needs to be sworn in. Vice Chairman Plummer: If he's going to speak, he's going to get sworn in, especially an attorney. [AT THIS POINT, THE CITY CLERK ADMINISTERED THE REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Chairman Plummer: All right, sir. Steve, for the record. Mr. Helfinan: Steve Helfinan, 2665 South Bayshore Drive, on behalf of the applicants. This is a project that you're familiar with or many of you. This is a project that received home funds. There are unreasonable conditions. We concur with staff. We would ask you to grant our appeal. Vice Chairman Plummer: Is there a motion? Commissioner Teele: I would so move. Vice Chairman Plummer: Moved by Teele. Seconded by Gort. Any further discussion? Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: But we need to get in the record that we are ... Mr. Attorney, we need to get in the record the language that the staff is recommending that... Mr. Maxwell: Conditions, that's right. They are recommending that certain conditions be deleted. The record needs to be clear on those —the conditions of the Zoning Board that are being deleted. 190 July 21, 1998 Vice Chairman Plummer: It's basically the review of one year is deleted. Ms. Slazyk: And... Mr. Helfman: And the parking. Ms. Slazyk: And the parking. Vice Chairman Plummer: Yeah. But the review was for the parking, I thought. Mr. Helfman: They granted the parking. Vice Chairman Plummer: Yeah. Mr. Helfinan: But the conditions they imposed were unreasonable. We accept the staffs recommended conditions on the original application. Vice Chairman Plummer: OK. Mr. Maxwell: So this will be a modification of.. Commissioner Teele: Modification, inserting the staffs recommendation. Mr. Maxwell: Modification of the zoning. Right. Ms. Slazyk: Right, to remove the conditions imposed by the Zoning Board. Vice Chairman Plummer: Mr. Gort, I'm sorry that this is in your district. I should not have made the motion. Commissioner Teele: No, I did but I apologize. He seconded it, I'll ... he makes it, I'll second it. Vice Chairman Plummer: All right. Call the roll. Commissioner Gort: Can I speak on it? No. Go ahead. Vice Chairman Plummer: Oh, I'm ... punch me when you're ready. Commissioner Gort: J.L., I'm going to start yelling ... OK. Vice Chairman Plummer: Speak. Commissioner Gort: No, I think we need any ... my understanding is, this is going to be for senior citizens? Mr. Helfman: Yes. Commissioner Gorr: For elderly? You find out that most of the elderly do not drive. They use public transportation and we do need housing within that area. So, I don't have any problem with them. 191 July 21, 1998 Vice Chairman Plummer: When you said senior, you looked at me. You had no correlation of the two, did you not? Commissioner Gort: Not at all. Not at all. Vice Chairman Plummer: Thank you. Call the roll. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-782 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING IN PART THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS, TO PERMIT A REDUCTION OF UP TO 50% OF THE REQUIRED OFF-STREET PARKING SPACES, 121 SPACES (61.4%) WHERE 197 SPACES REQUIRED, FOR THE PROPERTY LOCATED AT 1400 N.W. 16 AVENUE, MIAMI, FLORIDA; MORE PARTICULARLY LEGALLY DESCRIBED HEREIN; ZONED R-4 MULTIFAMILY HIGH - DENSITY RESIDENTIAL DISTRICT; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 192 July 21, 1998 56. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED APPEAL BY ROBERT FITZSIMMONS OF THE CLASS II SPECIAL PERMIT — FOR CONSTRUCTION OF HOTEL - LOCATION: 2630 SOUTHWEST 28 STREET - APPLICANT: CARLOS RUA, DIXIE GROVE INVESTMENT CORP. Vice Chairman Plummer: Item PZ-4, 2630 Southwest 28th Street. Is the applicant here? Ms. Slazyk: Yes. Vice Chairman Plummer: OK. Ms. Slazyk: This is an appeal of a Class II Special Permit for a hotel at 2630 Southwest... Vice Chairman Plummer: Now, hold up just a minute. I want to be in the interest of fairness. There was someone this morning who wanted to speak in opposition and he represented some of the neighbors. He's not here now. Well, I told him that I would not hold beyond five, so I'll tell you what, in all interest so that he can't say he was denied... Unidentified Speak: They're here, Mr. Chairman. Vice Chairman Plummer: Is he here now? What's he doing, out there drinking a Coke? Is he not aware, Mr ... sir, that your item is before us? OK. All parties wishing to testify, please raise their right hand and be sworn in. [AT THIS POINT, THE CITY CLERK ADMINISTERED THE REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Chairman Plummer: OK. Now, let's see. This is an appeal, right? Ms. Slazyk: Yes. Vice Chairman Plummer: Who goes first? Mr. Joel Maxwell: Applicant. Vice Chairman Plummer: The appellant. Ms. Slazyk: The appellant. Vice Chairman Plummer: OK. Ms. Slazyk: I just want to say, this also went to the Zoning Board and it was unanimously upheld, the Class II was unanimously upheld by the Zoning Board, and the department recommends denial of the appeal in upholding of the Class II Special Permit as issued. Vice Chairman Plummer: All right. Mr. Teele, you will be in the room. Go ahead. Proceed with the applicant... appellant. You have a total of five minutes regardless of how many of you speak. 193 July 21, 1998 Mr. Raymond McElroy: OK. My name is Raymond McElroy. I live 2355 Southwest 27 Lane, Miami, Florida. I live about a block and a half from the site that's in question on 28th Street, the hotel. I address the board because I have been working as a negotiator between... Vice Chairman Plummer: Excuse me. Five minutes on the clock. Proceed. Mr. McElroy: Between the homeowners association and the developer, Carlos Rua. We have come to appoint... we've had 15 or 16 items that were in concern and we're down to one single item, that the homeowners association would agree with the developer. OK. And I like this item to come into discussion and maybe the Commission could ponder over this item. Vice Chairman Plummer: Tell us what is it. Mr. McElroy: OK. The item is, that a covenant be placed on the land, restricting the future use of the adjacent piece of properties that line this hotel project. Right now they're residential zoning and that future development be drawn up in a covenant that these properties would no ... would be restricted over a period of time from having any commercial use. This is the one single problem. Vice Chairman Plummer: You're talking about the properties owned by the developer that surround but not being built upon for the hotel? Mr. McElroy: No, not those properties. I'm talking about the properties that are adjacent to the developer's property. Vice Chairman Plummer: Who owns them? Mr. McElroy: A Mr. Gray and the Marmishes. Vice Chairman Plummer: He would have to ask that to be before this board. I mean, I don't know why that gentleman... stop the clock. I don't know why that gentleman would want this board to instigate on his property something that he's not responsible for, he didn't ask for. I would be opposed to that unless he came in here and... Mr. McElroy: His attorney is here right now. OK. So let me have Mr. Fitzsimmons speak on it as their attorney. Bob. Vice Chairman Plummer: Let me understand. You're saying properties not presently owned or incorporated in the construction of the hotel, those properties surrounding, I assume, the outside perimeter of that property, to be, by covenant, if ever acquired by the hotel, not to be used for commercial purposes? Mr. McElroy: No, no. Sir... Commissioner Sanchez: That's unheard of. Vice Chairman Plummer: Wait a minute now. Is that what you're saying? Mr. McElroy: That's correct. Vice Chairman Plummer: OK. 194 July 21, 1998 Mr. Robert Fitzsimmons: Fairly. Vice Chairman Plummer: OK, start the clock again. Mr. McElroy: Wait. Let me clarify that. Mr. Fitzsimmons: I'll clarify it. Vicky Leiva: Commissioner, if I may object to this? Vice Chairman Plummer: No, you can't. Mr. Fitzsimmons: If you look up on the board, the development is on the bottom, the square... Mr. Maxwell: Can you identify yourself for the record, please. Mr. Fitzsimmons: I'm sorry. My name is Bob Fitzsimmons. I practice at 20... I'm a lawyer. I practice at 2950 Southwest 27th Avenue. Vice Chairman Plummer: And you have paid your lobbyist fee? Mr. Fitzsimmons: I have and I'm also an individual appellant. Vice Chairman Plummer: Thank you, sir. Mr. Fitzsimmons: That's the property where the hotel will be built. The lots behind it, which you see, are also owned by the same developer. And, in this process, they are using F.A.R. (Floor Area Ration). They are using the area of the residential lots to build a larger building, which is part of our appeal. We want to ... the concern of the neighborhood primarily is, we don't ever want to see those lots back there used for anything other than residential, since that's what they are now. But by virtue of this process, they're being incorporated in the hotel. Commissioner Gort: Let me stop you a minute. My understanding, is that zoned residential, those two parcels? Mr. Fitzsimmons: Yes. Commissioner Gort: How can they use that for the F.A.R.? Mr. Fitzsimmons: That's why I'm here. Vice Chairman Plummer: Hello. I'm calling collect. Mr. Juan Gonzalez: Juan Gonzalez, Building and Zoning. The properties, the R-1 properties, under a unity of title, will be considered one lot. He is allowed to transfer that floor area ratio or his lot coverage into the commercial section as long as it's an overall. F.A.R. eliminations, in other words, he counts it at the proportion that the R-1 would allow the F.A.R., not at the office proportion. Vice Chairman Plummer: But how can he count it if he doesn't own it. 195 July 21, 1998 Mr. Gonzalez: No, he does own it. Vice Chairman Plummer: They're saying properties outside of Mr. Gonzalez: No, no, those properties he owns. Vice Chairman Plummer: So there's two issues then, F.A.R. is one. Mr. Gonzalez: Correct. Vice Chairman Plummer: And the other one is the... Ms. Christine Cuervo (Assistant City Manager): Covenant. Vice Chairman Plummer: The covenant. Oh, OK. Well, that's where I was confused. Sir, Mr. Fitzsimmons, if you will, you have about almost three minutes left. Mr. Fitzsimmons: As you may know, the history of this property was originally zoned R-1. It was changed to R-0 The neighborhood opposed it. We came down here and it was done. I remember you, Commissioner Plummer, told us that it would be an excellent transition from the commercial across the street to the single family residential behind it. When the City did a comprehensive change of the Zoning Code, they eliminated R-0 and this became "0." So it was a significant increase in the density and the use of this property. I came down on a personal appearance and asked you if you could assist us in protecting the neighborhood when a development comes in and is attempting to build here. Now, this is in an SD-3 and an SD-19 area. It's two special districts. The lot —the four lots, lots three, four on the bottom have a F.A.R. of point five, and "O." They're a total of 36,000 square feet, which includes the net area inside the building line and half of the street, up to half of the street, which is what the definition of a gross lot area is. So, my understanding of F.A.R. is they can build an 18,000 square foot building. Now, the plans that we have before us have approximately 50,000 square foot building and there's several methods that they had tried to approach this. One, they are attempting to put a unity of title on the single family residential lots behind it and using that area in order to increase the size of the hotel on the office lot. That is illegal. That's effectively a de facto zoning change. It would require a change in the Comprehensive Plan. Vice Chairman Plummer: Please. You know, what you're saying... don't say it's illegal. Say you have a dispute with the department. Mr. Fitzsimmons: I have a dispute with the City's interpretation of whether you can do that. Vice Chairman Plummer: That's fine, but we have to listen also to our City Attorney, who has not ruled that. Mr. Fitzsimmons: OK, I'll ... there is a provision specifically in the Code. This provision in your Zoning Code addresses development over zoning districts and what it provides is, that you may develop over zoning districts under the conditions of a less intense zoning, which, in this case, will be single family residential, by special permit only. Well, there's no special permit required here. And they are trying to develop over district boundaries at the higher use. So, what I'm saying is, it would be contrary to Florida law to allow this because it would require a Comp (Comprehensive) Plan amendment. You're changing commercial density, using residential square footage. Commissioner Sanchez: When you're done, I want to get the opinion of the City because... 196 July 21, 1998 Vice Chairman Plummer: We will. Mr. Fitzsimmons: Okay. The secondary use that is put forth that, even if you assemble all those lots, you have 18,000 square feet. This is a structure that is 50,000 square feet or better. The second argument that the City puts forth is that, when you calculate floor area ratio for a hotel, you only include the rooms and the hallways so that there ... the building can actually be larger than 18,000 square feet because you don't count everything. That up there is the definition of floor area ratio. And what you count ... hotel is considered residential and the floor area includes all the floors of the building, which includes the rooms and the halls. Now, if we were to look at this project, there are four stories. The top three stories... Vice Chairman Plummer: Can ... Captain, would you go out and ask them to be quiet in the hallway, please? If they have a private meeting, they can have it down the street. Mr. Fitzsimmons: Now, the floor ... the bottom left hand corner, what we're looking at, shows the depiction of rooms. Now, that's rooms and hallways that is the second, third and fourth floor. They're all identical according in the plans. The total rooms and corridors on those three floors exceeds 39,000 square feet. So, even at a liberal interpretation of F.A.R., it's well over the 18,000 square feet and it's even over the area, if you were to legally allow them to use the area of the residential lots behind it. Vice Chairman Plummer: OK. Does that wrap it up for you? Mr. Fitzsimmons: I think that adequately expresses it. Vice Chairman Plummer: OK. Mr. City Attorney, you have heard and I'll be coming back to you, sir, to see if you agree or disagree. Commissioner Gort: I have a question of staff. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: In my backup material, I didn't have any of the maps that you should have in... Vice Chairman Plummer: Where are the maps of the property location? Ms. Slazyk: This is a Class II, so they didn't go through that ... the process of a variance or special exception, but we have the plans on file and I'll get them to bring them up to you so you can see them. Vice Chairman Plummer: OK. If you will ... I'm sorry. Mr. Sanchez. Commissioner Sanchez: I would like to hear your opinion, ma'am, on this because I have a couple of questions pertaining to this matter. Vice Chairman Plummer: Well, what I'd like to do, if we could, is to hear the issue from both sides and then we'll go to discussion among Commissioners. Commissioner Sanchez: OK Vice Chairman Plummer: For the record, your name and mailing address, please. 197 July 21, 1998 Ms. Vicky Leiva: My name is Vicky Leiva, with offices at 2500 First Union Financial Center. And please let me, very briefly, give you a background on this matter. The City of Miami approved a Class II Special Permit in August of 1996. It was not appealed or questioned by any neighbors in the area. Approximately, in the Spring of 1997, Mr. Fitzsimmons appeared before the City Commission, complaining about the hotel after all of the appeal periods had run. When he did not find redress here, he filed a suit against the City of Miami, challenging the notice requirements to neighbors on that Class 11 Special Permit. That item is a current litigation that your City is involved in and has been involved with for about a year now. And it's being represented by your City Attorney's office. My client intervened in that lawsuit and is a party at interest. As part of those depositions, Mr. Gray, the next door neighbor, said that he had never objected to the hotel when it was going through the Class II process because he didn't have a problem with a four-story hotel, but he had a problem with the final five -story hotel that was approved. As a result, in an effort of good will towards the neighbor, my client applied again for another Class II Special Permit before the City of Miami. This time for a four-story hotel. That Class II was approved by your staff. It was done for simply the desire of good will with the neighbors. My client gave up an entire story of his structure and when the City approved that Class 1I, it was again appealed by the neighbors. We went to the Zoning Board where their appeal was unanimously defeated and I would ask that all the record of that Zoning Board hearing, as well as the entire record of the City of Miami, become a part of this record and be referenced as such. Shortly before we went to the Zoning Board, we were asked to delay the Zoning Board hearing twice so that we could negotiate in good faith. We had negotiations. As a result, a covenant was prepared based on their items of concern and a draft of that covenant was made available to attorney for the neighbors and the home owner groups. Mr. Fitzsimmons: Let me just ... Mr. Chairman, let me just note on the record we're to object to settlement documents being disposed in this hearing. Vice Chairman Plummer: Sir, if you would, please, you'll have your chance for rebuttal. Mr. Fitzsimmons: Well, I just want to bring that up before you look at the evidence so it doesn't get tainted. Vice Chairman Plummer: Thank you, sir. Appreciate your trying to help me out or put me in an early grave. Ms. Leiva: This was settlement. This was not for the sake of settling any outgoing litigation. It was strictly for the purpose of settling the Class 11 Special Permit that was going to be heard by appeal, that was going to be heard by the Zoning Board. And, upon receipt of that covenant, I received a letter from Mr. Fitzsimmons that states ... and I would like this also entered into the record. Dear Miss Leiva, this letter follows up our recent settlement discussions. Please note, that in review of my file, I note that there is a hearing on the lawsuit filed against me, individually, on June 16, 1998. Please advise Mr. Rua, the applicant or the owner of Dixie Grove, that in order to continue settlement discussions, it will be necessary that he voluntarily dismiss this case as well. In addition, please also cancel the hearing set for tomorrow. Vice Chairman Plummer: Madam Clerk, like in a soccer game, the clock continues to run. Ms. Leiva: Obviously, as we were negotiating with the neighbors in good faith, Mr. Fitzsimmons refused to negotiate any further, unless we dismissed the lawsuit against him as an individual, which was not part of these negotiations and which was not part of the matter in which he was representing these groups. With that situation at hand, clearly we have not heard from Mr. Fitzsimmons after he lost the appeal before the Zoning Board. And he certainly did not, in any way, shape or form try to contact us to settle this matter. We are now before you, not at the llth but at the 12th hour, and they're talking settlement. I would give you the facts that, first of all, the effort here has been to delay construction in order to strangle the financial 198 July 21, 1998 feasibility of this project. My client has suffered and continues to suffer irreparable harm because of these constant delays. We were willing to negotiate at the Zoning Board level. Twice we agreed with deferrals. We finally heard the matter. The appeal was denied and here they are again before you and, ultimately, what they're saying is, we need time to negotiate. Vice Chairman Plummer: Thank you. Mr. Fitzsimmons, you have two minutes of rebuttal. Ms. Leiva: I have five seconds left. Vice Chairman Plummer: You have five seconds left, correct. You wish to exercise that at your own detriment? Ms. Leiva: No. Vice Chairman Plummer: Thank you. Mr. Fitzsimmons: I'm lucky because I have an issue that's a legal issue and not a political issue. I know I have a capable opponent. I forgot to mention that... Vice Chairman Plummer: No commercials. Run the clock. Mr. Fitzsimmons: I know that the developer didn't, really wanted this expansion. He did file a lawsuit against me, individually, because of it. The neighbor, who's about 76 years old, he filed a lawsuit against. But that's not the issue here. The issue ... and, also, just to clarify. We never agreed to the covenant. They typed that up. Sent that to us. It's not ... does not indicate what we want. The issue here is, is it legal to build a 50,000 plus square foot building on a piece of land that's 36,000 square feet with a F.A.R. of point five that allows an 18,000 square foot building? You can't change that. Doesn't matter what happened between us. The second issue is, even if you use the interpretation of the Code, that you only count rooms and hallways and you eliminate the whole 12,000 square foot footprint as living area, you have almost 40,000 square feet of rooms. Almost twice the size as F.A.R. would allow. That's the issue. The final issue is, you cannot use a residential, an R-1 lot to build a bigger commercial facility. You cannot allow building over zoning districts to the higher use. It is not a political decision between Vicky and I. It is a decision ... can you build this or can you not build this? And the clear answer, based on the ... your own Zoning Code and the facts and figures presented by the plans before you, you cannot. Vice Chairman Plummer: Thank, sir. I'll now close the public hearing. Commission Sanchez had a question. Commissioner Sanchez: Mr. Fitzsimmons, I have a couple of questions for you, if you could get the podium. Mr. Fitzsimmons: Yes, sir. Commissioner Sanchez: One of the questions is, are we counting the hallways and rooms as square feet? Mr. Fitzsimmons: Hallways and rooms. Commissioner Sanchez: Do you count them? Is that... Mr. Fitzsimmons: Under your definition of residential area, hallways and corridors. I mean, corridors and 199 July 21, 1998 rooms. You can't ... you don't ... you exclude common areas and vending areas and laundry rooms. Commissioner Sanchez: Originally, how many stories was this building going to be built originally? Mr. Fitzsimmons: The original plan was a four-story, 18,000 square foot hotel. The dimension ... my interpretation, the dimension almost doubled in the second series of plans. Commissioner Sanchez: Now, the other thing that I was ... brought to my attention, which I am a little concerned on, is this lawsuit that, where you said that, please be advised, if you continue ... you were willing to settle if he's willing to drop the case against you. I mean, couldn't you guys work out a compromise on this issue? I mean, he's ... they're building a building there that, I think, would be good for the community. I don't see it being in a lot of violations of the laws pertaining... and I'll tell you where I come from with a strong background. I was president of a home owners and I, like you, fought very hard for some issues but sometimes you have to be able to stretch the rubber band to appoint where it doesn't break. You know, you have to give way and sometimes work things out. I mean, you guys are willing to settle now. Why couldn't this be... have been done months ago? Mr. Fitzsimmons: We have had a difficult relationship at best throughout this and to give you an example. When the most recent set of plans was given, Mr. Rua and his attorney, who's the developer, brought this set of plans, made me sign that I got them and said, these are the plans that we're going to do. And I said, listen, I'm going out of town on vacation for a week. I won't be back into the office until next Monday but at that point I'll get together with the group and we'll look at them. Well, when I returned to the office that Monday, I was served with papers. He was suing me individually, alleging I made false statements to people. So it's been a difficult process. Commissioner Sanchez: You act as the attorney for the home owners, is that it? Mr. Fitzsimmons: The home owners and neighbors behind the property as well. Commissioner Sanchez: So... Mr. Fitzsimmons: The immediate... contiguous property owners. Vice Chairman Plummer: Anyone else have questions? Mr. Gort. Commissioner Gort: Well, according to the ... which you told me, according to the special district, you can utilize the... Vice Chairman Plummer: Excuse me. Captain Longueira, can we have a little bit of quiet and courtesy so we can hear the people? Where is the officer? Officer, would you please go out, ask for common courtesy. We're trying the conduct a meeting in here. Please. OK, Mr. Gort. I'm sorry. Commissioner Gort: My understanding is, you can use in this district the residential for the utilized F.A.R., as a unity of title. Now, does that unity of title also give him a change on the zoning? So the zoning stays... stays residential. Ms. Slazyk: I'm sorry? I was jumping out of my chair. Commissioner Gort: Go ahead. 200 July 21, 1998 Commissioner Sanchez: I wanted a staff recommendation. Ms. Slazyk: This does not give them a change of zoning. It does not change what you can use the R-1 property for. What it does, by tying the properties together under a unity of title is let you use the calculations of the entire project for construction. Commissioner Gort: Right. Ms. Slazyk: It's like transferring F.A.R. That means they cannot build on those single family lots and that is a recorded unity of title and until the hotel is demolished, he can't build on those single family lots anymore F.A.R. than what will be allowed under the property as a total. Commissioner Gort: Thank you. Ms. Slazyk: It does not allow him a hotel use on there or anything. Vice Chairman Plummer: OK. Ms. Slazyk: Singe family. Vice Chairman Plummer: OK. Is there any other discussion? Mr. City Attorney. Mr. Maxwell: Just for the record, could you identify yourself again? Ms. Slazyk: Oh, yes. I'm sorry. Lourdes Slazyk, Assistant Director of City of Miami Department of Planning and Development. Vice Chairman Plummer: Is there any further discussion by the Commission? Commissioner Sanchez: No, just to get something straightened out here, Mr. Vice Chair. The City is approving this, correct? Vice Chairman Plummer: Excuse me? Commissioner Sanchez: The City's approving it? Vice Chairman Plummer: It was recommended by the City and by the departments to approve, is that correct? And that is my motion. Commissioner Sanchez: Second. Vice Chairman Plummer: Any further discussion? This would be to uphold the decision of the Zoning Board. Mr. Maxwell: That's correct. Vice Chairman Plummer: OK. Call the roll. I voted yes and, for the record, let me state that, you know, I understand that the gentleman who bought the property is playing by the rules and he took advantage of what is there and he —you know, he did something we can't do anything about, as far as I'm concerned. So, I've got to vote, because he played by the rules and, in fact, recommended by the department. 201 July 21, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-783 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY DENYING THE APPEAL AND UPHOLDING THE ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 98-0022, WITH CONDITIONS, BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT ON MARCH 25, 1998, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2630 S.W. 28 STREET, MIAMI, FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN, TO ALLOW NEW CONSTRUCTION OF A HOTEL PURSUANT TO ARTICLE 6, SECTION 603 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. (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. 57. APPROVE REQUEST FOR SPECIAL EXCEPTION FOR RESERVOIR SPACES — ALLOWING ONE DRIVE -THROUGH TELLER WINDOW IN PROPOSED BANKING INSTITUTION — LOCATION: 7101 SOUTHWEST 8 STREET — APPLICANT: AMADEO LOPEZ CASTRO, FIRST BANK OF MIAMI. Vice Chairman Plummer: PZ-5, 7101 Southwest 8th Street, Armando Lopez Castro, President for First Bank of Florida. Ms. Slazyk: This is a special exception, requiring City Commission approval for a drive through bank and to waive three of the required 10 reservoir spaces. The department is recommending approval with conditions and that was also recommended by the Zoning Board. The conditions are that a landscape plan, which increases the amount of landscape, be provided, also showing irrigation illumination and that a left turn only egress from the drive -through lanes be provided since there's not enough radius there for a right turn. The applicant had agreed in the Zoning Board to those conditions and we recommend approval. Commissioner Regalado: This is District 4. I move to approve. Vice Chairman Plummer: OK. Moved by Commissioner Regalado. Seconded by Mr. Gort. Would this 202 July 21, 1998 distinguished gentleman like to say anything? Unidentified Speaker: No, I'm fine. Vice Chairman Plummer: You're smart. Recommended by the department. Hello. Yes. Call the roll. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-784 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 931.2, REQUIREMENT FOR RESERVOIR SPACES, TO ALLOW ONE DRIVE THROUGH TELLER WINDOW FOR PROPOSED BANKING INSTITUTION CURRENTLY UNDER CONSTRUCTION AND SECTION 931.2(A), DRIVE THROUGH BANKS, TO WAIVE THREE OF THE REQUIRED TEN RESERVOIR SPACES, FOR THE PROPERTY LOCATED AT 7101 SW 8TH STREET, MIAMI, FLORIDA; MORE PARTICULARLY LEGALLY DESCRIBED HEREIN ; SUBJECT TO (1) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED (2) OWNER SHALL SUBMIT A NEW LANDSCAPE PLAN WHICH IS TO BE REVIEWED AND APPROVED BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, PLAN SHALL DEPICT SPECIFICATIONS, IRRIGATION, ILLUMINATION AND A "LEFT TURN ONLY" SIGN AT THE DRIVE THROUGH EXIT, AND (3) DRIVE THROUGH TRAFFIC WILL BE LIMITED TO A "LEFT TURN ONLY" EXIT. (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. 203 July 21, 1998 58. APPROVE MAJOR USE SPECIAL PERMIT FOR BARCLAYS FINANCIAL CENTER PROJECT — LOCATION: 1190 BRICKELL BAY DRIVE (AKA SOUTH BAYSHORE DRIVE) — APPLICANT: BRICKSEA CORP. & MDM BRICKELL HOTEL GROUP, LTD. Vice Chairman Plummer: All right. We've already done PZ-6. PZ-7. PZ-6 was Dade Junior College and we took it out of order and we passed it and took about 22 and a half seconds. PZ-7 is 11990 Brickell Bay Drive, A/K/A, South Bayshore Drive. Bricksea Corp. and MDM Brickell Hotel Group. Ms. Slazyk: This is a major... Vice Chairman Plummer: All people wishing to testify on Item 7, stand, raise your right hand and be sworn in. I see one gentleman. There's another gentleman. Do I hear three? Swear them in. [AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.] Vice Chairman Plummer: Sir, if you're going to testify, I would ask you to come up and not delay us. For the record, sir, your name and mailing address, sir. You an attorney? Mr. Gilberto Pastoriza: Gilberto Pastoriza. I'm an attorney. Office at 2665... Vice Chairman Plummer: Have you paid the lobbying fee? Mr. Pastoriza: I sure have. Vice Chairman Plummer: All right. Mr. Pastoriza: Twenty-six sixty-five South Bayshore Drive, Suite 420, on behalf of the applicant. Vice Chairman Plummer: All right, sir. The department wish to make their recommendation known? Ms. Slazyk: Yes. We recommend... Vice Chairman Plummer: May I ask, please, that everybody standing in the back of the Commission chambers please come in and be seated. Everybody come in. There's no extra charge for a seat. All right. The department. Ms. Slazyk: Yes. Thank you. This is a project. This is a major use special permit for the Barclays Financial Center Project. I'm sure you've all seen the model here behind me. That's the project in question. The department is recommending approval with the conditions specified in the development order. This has been recommended for approval at the Zoning Board and at the Planning Advisory Board. It is a very elegantly designed project. It meets ... it's gotten all approvals the entire way up and I really don't know what else to say. We recommend a wholehearted approval. Vice Chairman Plummer: All right. There was another gentleman here. Where did he go? Oh, all right, sir. You want to speak to the issue? Mr. Pastoriza: He's the architect. 204 July 21, 1998 Vice Chairman Plummer: Huh? Mr. Pastoriza: He's the architect. Vice Chairman Plummer: Yeah, he wants to speak to the issue. He wants to get it passed so he can get paid. All right. Do you wish to add anything, sir? Unidentified Speaker: No, sir. Vice Chairman Plummer: Which district ... it's in my district. Well, we can defer this for six months. I move it. Commissioner Gort: Second. Vice Chairman Plummer: Second. Any further discussion? Call the roll. Commissioner Gort: Excuse me. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: You in accordance with the condition they requested? Mr. Pastoriza: Yes, I do. Vice Chairman Plummer: Mr. Gort. I'm sorry. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-785 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE BARCLAYS FINANCIAL CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 1190 BRICKELL BAY DRIVE AND 1111 BRICKELL AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF NOT MORE THAN 302 HOTEL ROOMS AND 540,000 SQUARE FEET OF OFFICE SPACE WITH ACCESSORY RETAIL USES AND 1,244 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 205 July 21, 1998 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: Commissioner Joe Sanchez. 59. APPROVE AS MODIFIED AMENDMENT TO PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT FOR TERREMARK BRICKELL II PROJECT TO REPLACE PROJECT WITH NEW MILLENNIUM TOWER PROJECT — LOCATION: 1441 BRICKELL AVENUE — APPLICANT: TERREMARK BRICKELL II, LTD. — DIRECT CITY MANAGER TO INCLUDE NELLY ZAMORA IN TRAFFIC IMPACT NEGOTIATIONS FOR SAID PROJECT. Vice Chairman Plummer: Mr. City Attorney. Off the record. PZ-8. All people wishing to testify in PZ-8, please stand up and be sworn in. How many people want to testify on PZ-8? Will they please stand? How many people wish to testify in PZ-8? Everybody be sworn in, please. Mr. Clerk. [AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.] Vice Chairman Plummer: OK. Now, let me ask of the people that are standing. How many wish to speak for the project? One, two, three, four, five, six, seven, eight, nine. How many people wish to speak in oppo... what are these guys, pall bearers? What is this ray of...all right. How many people wish to speak in opposition to this project? Is there anyone here wishing to speak in opposition? What in the hell are we doing here? All right. Wait a minute. Ma'am, you got to go to the bathroom or you wanted to speak? Unidentified Speaker: I'm putting on my sweater because it's so cold in Miami. Vice Chairman Plummer: Oh, it's cold in Miami. All right. Miss Dougherty, are you a registered lobbyist? Ms. Dougherty: Of course. Vice Chairman Plummer: Do you wear Gucci shoes? Ms. Dougherty: Absolutely. Vice Chairman Plummer: All right. Proceed. You have five seconds. Ms. Dougherty: Lucia Dougherty, 1221 Brickell Avenue. Here today on behalf of the applicants. With me is Manny Medina and the co -developer, Phil Aarons with Millennium Properties. We are very pleased to present this project today and also to tell you that we have resolved certain issues with our neighbors, Brickell East. With that, I'd like to read a condition that I'd like to be placed in the record, in the Major Use Special Permit. And I also have some other technical amendments to the resolution that we faxed to 206 July 21, 1998 Lourdes and I don't know, Lourdes, if you may have passed it out. We don't have to read it into the record. Ms. Slazyk: No, I just got it. Ms. Dougherty: OK. Well, anyway, you can pass it out. The condition... Vice Chairman Plummer: Woa, woa, woa, woa, woa. Ms. Dougherty: Yes, sir. Vice Chairman Plummer: What is this that you're getting that we're not? Ms. Slazyk: No. This is ... I guess it's a condition that they're going to proffer into... she's going to read it into the record. It's a proffer. Ms. Dougherty: I'm going to read into the record a condition. Vice Chairman Plummer: Proceed. Ms. Slazyk: The Department's recommending approval. This will be an additional condition. Vice Chairman Plummer: Go ahead. Ms. Dougherty: This would be a condition that you approve the project, subject to a condition that the location and the configuration of the loading docks and service areas adjacent to 14th Lane shall not be approved as part of this resolution and development order, but that prior to the issuance of any building permit for the property, the owners, successors assigns jointly and severally shall work with the association to find an acceptable solution and configuration of the loading docks and service area. If the owner and association cannot agree, the Department of Planning and Development, the department shall negotiate an acceptable solution between the owner and the association. If the acceptable solution that the association and owners agree upon is not found, then the City Commission shall make the final determination after a public hearing. And, with that, Mr. Commission... Mr. Vice Mayor, members of the Commission, I do believe that we have an acceptable solution to the neighbors to the loading dock situation and we would urge your approval of this application. Vice Chairman Plummer: OK. Now, we're going to do this for you. What are you going to go for the neighborhood? Ms. Dougherty: We're going to make an acceptable loading dock solution for the neighborhood. Vice Chairman Plummer: That's fine. Now, what are you going to do for the neighborhood? While I'm asking other questions, you and Mr. Medina need to talk about what you might ... I'll tell you, I'm going to make you a suggestion, what's needed in that neighborhood. Saint Jude Church is something that we all have great respect for. The pastor passed away in January and they're trying to make a memorial on that property to him. You discuss the issue. Now, I have a problem... Nellie, would you please come forward? As I said before when you were here, for the other project of the two towers of seven hundred feet, I am concerned and I'm going to ask you your opinion because my greatest concern is not the height. That doesn't bother me at all. As a matter of fact, I wish to God it was the highest building in the United States so we'd have that as our signature. But what does bother me and consistently bothers me more is the traffic. Now, we're going to be putting in that neighborhood two guard houses. 207 July 21, 1998 Ms. NELLIE ZAMORE : Yes, sir. Vice Chairman Plummer: And I do have a problem ... and I'm going to discuss with you personally later ... where the second guard house would be at the south end. I am concerned about traffic and I want to know what is being done from your aspect of what the people you represent on the ... what I call the Circle, the half -circle, and then I'm going to ask Lucia the same question, what she's going to be doing in her particular project as to traffic. Now, Mr. Medina, what I'm asking you to do for Saint Jude is to pray that that area doesn't sink, OK? Now, all right. Nellie, give me your opinion. I mean, you know, we know ... you live there. I don't, OK. And I am very, very concerned about traffic. So, give me your opinion of how you feel that all of this overall scenario is going to meld. Ms. Nellie Zamora: The particular project that you are addressing today really is on Brickell Avenue so that traffic will not affect or impact us directly. But, indeed, as the area progresses and increases, traffic will affect us and that's the reason why we stress the importance of the guard houses. Now, why the guard houses? Because, even though they're being placed strictly on each end of Brickell Bay Drive between 15th and 14th, by their presence, they will deter traffic on 15th and 14th as a result of it. People are using that street as a short cut into Brickell Key or Brickell Avenue, further down or the Barnett or you name it. So what we're doing is putting a deterrent there and avoiding traffic coming through that area. Vice Chairman Plummer: Do we have... Ms. Zamora: so everybody will benefit, including Saint Jude Church. Vice Chairman Plummer: Lucia? Ms. Dougherty: Yes, sir. Vice Chairman Plummer: Do we have any commitment, whether it be in written form or not, as that traffic from your project will always ingress and egress onto Brickell? Ms. Dougherty: Well, you must remember that our project is on the semicircle and our semi... Vice Chairman Plummer: I understand that. Ms. Dougherty: And we are the only project, with the exception of our other project, the Fortune House and Brickell East, that actually enter that semicircle. Vice Chairman Plummer: I understand that. Ms. Dougherty: And all of the traffic is on that. Vice Chairman Plummer: But what I'm saying is that all traffic for this project will either enter or exit onto Brickell Avenue. Ms. Doughtery: It has to. There's no other way to do it. Vice Chairman Plummer: OK. Well, you know what I'm trying to do or I think you do. Is that five years down the road that some little alleyway goes in there and it's emptied out onto the semicircle, vacating both guard houses and we're back into the soup again. 208 July 21, 1998 Ms. Dougherty: We can make that a condition. Vice Chairman Plummer: OK. I'm very happy to see you here and to show your support of a project. It shows that people don't always come here just for the purposes of complaining and being against things. Ms. Zamora: I just have a request for the Commission. Vice Chairman Plummer: OK. Ms. Zamora: Because there is one element here, which is the Brickell East Element and the loading dock ... and because this is still to be decided ... that we have some input on whatever decision is made because... Vice Chairman Plummer: Since it is in my district, you are so ordered. Ms. Zamora: Thank you. Vice Chairman Plummer: Next item. Commissioner Gort: Mr. Vice Chair? Vice Chairman Plummer: Mr. Gort. Commissioner Gort: About three weeks ago we had a transportation summit. Was created by the DDA and Brickell Area Association, where we had several experts in traffic speaking and one of the commitments we had from the developers in the area, there's a group of the individuals developing the area, they had committed to work with the DDA. Vice Chairman Plummer: I'm sorry, sir. I can't... Commissioner Gort: It's your district, so I want you to understand it. We had a summit where the developers in the area agreed to work with the DDA, Dade County Transportation, State Transportation in creating traffic pattern, so all the traffic that we have ... the problems that we have on Brickell right now could be deployed to other areas and giving opportunities to individuals come into Brickell, they don't have to go through the central business district and utilizing another avenues to get in and out of Brickell, like 25th Road and so on. So, that is a commitment that we had made with the Brickell Homeowner Association, DDA and the property owners and developers in that area. So, the traffic study, hopefully, they'll come back within six months and we'll able to implement it. Vice Chairman Plummer: OK. Miss Dougherty, the City Attorney asked that it be clarified in reference to the ingress/egress into Brickell Avenue. Mr. Maxwell: That condition exactly... Ms. Dougherty: Yes, sir. There's already a condition on ... I was going to add some language to it. The condition is, number two, the applicant shall be responsible for working with the Department of Planning and Development to mitigate any traffic impacts associated with the protect on existing developments currently on 14th Lane and we could include within that, and never to permit this development to have access to 15th Lane. 209 July 21, 1998 Vice Chairman Plummer: OK. That's my concern. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: And just for ... also, for the record, to the Planning Department, when you're negotiating, you're not to negotiate without Nellie Zamora. Ms. Slazyk: OK. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: God help you if you don't. Yes, I'm sorry. Commissioner Sanchez: I would like to take this opportunity to congratulate Lucia and the Medina Group and the home owners for working together and ironing out all their differences and coming together to work on this project. This is great. It's going to be a beautiful building. Commissioner Gort: Nellie, you wanted the job, you got it. You wanted the job, you got it. Vice Chairman Plummer: All right. Mr. Gort. Commissioner Regalado: I have a question. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: Lucia, how long you think that meeting with the neighbors and resolving any issues before you can break ground? Ms. Dougherty: Well, we can't even pull a building permit until we do resolve it. So, it's in our interest to do as quickly as possible. We would hope to do it within the next month or so. Vice Chairman Plummer: Any further questions? Sandy, you're standing up for what reason? Mr. Santiago Echemendia: Commissioner Plummer. Santiago Echemendia with the law firm of Tew Cardenas, Rebak, 201 South Biscayne Boulevard. I'm the attorney on behalf of the Brickell East Condominium Association, who negotiated the settlement agreement. We would like to proffer and have you accept jurisdiction over the agreement, so we will submit a copy into the record. And there are some folks here from the condominium association, including its President, Dr. Morse, who may have a few comments for the record and I'd like to invite them up to see if they'd like to say a few comments. Vice Chairman Plummer: Well, it's my understanding, the only thing yet to be decided is the loading bay and, in fact, we do hold jurisdiction over that and will continue to monitor if, in fact, there is not agreement among the parties. Ms. Slazyk: That's correct. Mr. Echemendia: I think they're passing on the invitation, so we'll just proffer the agreement into the record. 210 July 21, 1998 Vice Chairman Plummer: That is correct. Does the professor wish to speak? Professor, do you wish to speak? Mr. Irwin Morse: Junior. Vice Chairman Plummer: I'm sorry? Mr. Morse: Junior. Vice Chairman Plummer: Junior professor. For the record, your name and mailing address, please. Mr. Morse: Irwin Morse, 151 Southeast 15th Road. That's the address of Brickell East. Vice Chairman Plummer: Junior professor, you have two minutes. Proceed. Mr. Morse: Pardon? Vice Chairman Plummer: You have two minutes. Please, proceed. Mr. Morses: OK. I'd like to point out that there was an addition to the thing that you read, the clause that you read, and that is that ... and we agreed to this just before the meeting ... that the present configuration is not an option and I wanted to point that out and add it to what you read.ok. Vice Chairman Plummer: Explain that to me. The present configuration is not enough. Mr. Morse: The present configuration. What they are proposing at the present time or what has been proposed is not an option that we're going to discuss. Ms. Slazyk: That's understood. The original configuration is not an option. Vice Chairman Plummer: Oh, all right, sir. All right, sir. Mr. Morse: OK. And I want to thank all of the parties. We've worked together really well and I hope that we don't have to come back here. Thank you. Vice Chairman Plummer: We also hope the same, sir. Miss Dougherty. Ms. Dougherty: Yes. Mr. Vice Chairman and the members of the board. My client would be pleased to erect a memorial to the Father at that location. Vice Chairman Plummer: And we'll make sure that special prayers are said for the development of his project. I move Item PZ-8. And let me say, this is all part and parcel of that area that we are going to be extremely proud of if we do it in an orderly process. It could so easily go all wrong and be so bad but, let me tell you, the way it's going right now, I think that we are getting cooperation. We are getting compromise and I think these are the kind of things that make for a better community. So, it is my pleasure, at this time, to approve PZ-8. Commissioner Gort: Second. Ms. Slazyk: What I would like ... can I clarify for the record... 211 July 21, 1998 Vice Chairman Plummer: Yes, ma'am. Ms. Slazyk: Condition 16 is the one that's going to be deleted and replaced with the language Lucia read into the record. Vice Chairman Plummer: Well ... you know, you guys, give my numbers. If I was playing the Lotto, that would be great. Now, tell me what is 16. Ms. Slazyk: Sixteen was the condition that accepted the other option of the loading area. Vice Chairman Plummer: Right. Ms. Slazyk: And what they just proffered was that they're going to negotiate that. Vice Chairman Plummer: That's fine. Ms. Slazyk: So, we need to take that ... the old language out and replace it with what she just said and add the reference to planned unit development to the legislation. Vice Chairman Plummer: That'll be fine. OK. Call the roll. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. I'm sorry. Commissioner Teele: Thank you. I'm always concerned when the development office... Planning doesn't put on the table the same issues that we always bring up here. This City is the fourth poorest City in America. We have a very real problem with unemployment. It would seem to me that the City would have engaged a dialogue with Mr. Medina, who is truly an outstanding corporate citizen, to voluntarily consider entering into our first source hiring agreement. We're talking a major construction, fifty-one million dollars ($51,000,000) in wages, I believe, based upon your estimate. And it would ... I am not prepared to move this as a mandatory provision. I mean, we talked this morning about why a twenty-five cent ($0.25) or a twenty-five dollars ($25.00) battery or a twenty-five cent ($0.25) battery cost more in government because of all these conditions, you know set asides, the numerous issues that we're associated with. But, I think, I would be remised if I didn't ask Mr. Medina, through his counsel, if he would sit down or authorize his people to sit down with our office of Work Force Development and see if we can work a voluntary agreement whereby we can make referrals to the contractors and subcontractors of people. We have a very real problem with getting our people employed. The Heat ... I reviewed their numbers yesterday. They're not great but they're satisfactory. But they're clearly working to hire City of Miami residents on the job of construction. Several other major projects. And this issue continues to come up, Madam City Attorney. The project of this magnitude, what are we talking about, two hundred and fifty million in construction, five hundred million in economic impact? What's the number? Vice Chairman Plummer: More or less. Ms. Slazyk: It's more than that. Commissioner Teele: What's the construction ... it just seems to me that ... I know we're all excited about, you know, the Brickell area but a train can move as ... a convoy can move as fast as the slowest vehicle. A city 212 July 21, 1998 can only be as great as its poorest neighborhood. And while I think this is a tremendous project, I really think it's important that we seek an opportunity, voluntarily, to work ... not as a condition of the project, Mr. Medina. But I think our office of Work Force Development is developing a better understanding of how contractors work so that we're not slowing you down in any way and I think it would benefit all five of the city districts if a first source hiring agreement voluntarily is reached, if it's possible, and that there be a clear commitment to hire first the residents or residents of the City of Miami and I would ask you, again, how you feel about that, Miss Dougherty? I certainly don't want to put you on the spot or add costs to your project. Mr. Manuel Medina: Manuel D. Medina, Chairman of Terremark. Mr. Teele, Commissioners, it would be my pleasure, as always, to have an open door policy and work with your suggestion. Basically, our partners from Millennium throughout the United States encourage... and, in fact, in cities such as San Francisco have actively engaged in such a program, so we will volunteer to work with an open door policy and accept any suggestions regarding employment of any type of disadvantaged or otherwise. Commissioner Teele: Thank you. And, again, I'm not ... I appreciate it and I knew you would be because that's consistent with your tradition. I'm sure, if it's any consolation to you, down the road, when memorials are being erected, there will be a great... Vice Chairman Plummer: Yes, that's in the church across the street. Mr. Medina: No, I want mine while I'm alive. Commissioner Teele: Manny Medina ... well, maybe your architect there can begin the planning of it. But, in all seriousness, I'm not raising the issue of majorities. I'm not raising the issue of...I'm raising the issue that this affects every Commissioner on this dais equally. We need to get our citizens hired. And, particularly, as we transition from welfare to work, your partners need to know that this City has a tremendous problem with finding jobs for our residents of our inner city. We have one of the highest unemployments in the entire country and certainly the highest in the state. And any help you can give us in working with our office of Work Force Development, we would appreciate and I appreciate you coming forward. Thank you so much. Commissioner Regalado: I have just a brief comment. Vice Chairman Plummer: Oh, come on, guys. Commissioner Regalado: Well, I mean, you talk about everything, even the chapel. But I just want to make a comment. I think that Commissioner Teele is so right when he says that this affects all the districts. Because we talk about the areas of the City that are impacted by the levels of unemployment but this is throughout the city. I was touring the end of the city, Flagami, Southwest 8th Street and 73rd and there was a corner there where the police has to go everyday because about 2000 people wait there to be picked up to do anything and these are people who live in that area. I would thank you, Mr. Medina, for your offer and I, you know, one, expect from you that always. But I would just like to make a final comment, saying that, you know, all the cranes and all the construction going on in Brickell and in the Grove, it's done by the private sector. The cranes were not put there by us and, yet, we take the credit for. So the least that Mr. Medina and others can expect is for the City to fast track licenses, permits, so they won't have that nightmare of coming back and coming back and coming back and being delayed because of permits and construction. So, I think that, if the private sector is doing what the government should be doing, building the economy of the city, the least that we can do is help the private sector in doing that. Being friendly to these people and not the adversary, as we have been in the past. So, I would just hope that Administration 213 July 21, 1998 will take note and we don't hear that, you know, they have to come back and come back and come back if we're ... a simple permit or construction fee so... Vice Chairman Plummer: Mr. Gort. Commissioner Gort: One of the recommendations that we did when we did ... the study of the Building Department is the Major Use Permits, like this one. An individual be assigned to work with the developers and the developers will pay for it. And they'll pay for it gladly because they'll save money of interest. So, I hope that is carried out on this major project. Thank you. Vice Chairman Plummer: You know, my brother used to make a statement that is so true, coming once again to this city. The state of Florida has a bird called the Mocking Bird. The City of Miami is proud to say we have a bird called a Crane. And, Mr. Medina, you've been a big, big ... I want to ask you a question. Do you own the property of the old frame mart? Mr. Medina: Sorry? Vice Chairman Plummer: And I've heard ... you have the property of the Frame Art, don't you? Mr. Medina: Of the what? Ms. Slazyk: Frame Art. Mr. Medina: No, not that particular property. Commissioner Gort: Tobacco Road. Vice Chairman Plummer: Tobacco Road across the street? Mr. Medina: Across the street from Tobacco Road, yes. Vice Chairman Plummer: Yeah. I understand you're going to be doing some nice things with that. When are we going to hear about it? Mr. Medina: Very soon. Vice Chairman Plummer: The sooner the better, sir. Mr. Medina: I just wanted to say, number one, thank you very, very much. I wanted to stress that the city... Commissioner Regalado, thank you very much for your encouragement. But the City staff has been superb with us in this particular project. Our partners from New York, who are used to working in many other cities, some of the major cities, have nothing but compliments for the City staff. Vice Chairman Plummer: Boy, you're really trying to expedite them permits, aren't you? Mr. Median: Up to now, it has been nothing but a pleasure to deal with this and everybody's excited about the project, so we want to continue. This is why we're so interested in getting off the ground so very, very quickly. So thank you very much. Vice Chairman Plummer: Father said to tell you that it will not exceed 25, so you're in good shape. Call 214 July 21, 1998 the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-786 A RESOLUTION, WITH ATTACHMENTS, PURSUANT TO ARTICLES 5,9,13 AND 17 OF ZONING ORDINANCE NO. 11000, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT (RESOLUTION NO. 98-103) FOR THE TERREMARK BRICKELL II PROJECT IN ORDER TO REPLACE THE PROJECT WITH THE NEW MILLENIUM TOWER PROJECT TO BE LOCATED AT APPROXIMATELY 1435-1441 BRICKELL AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF A PLANNED UNIT DEVELOPMENT PROJECT WITH APPLICABLE INCREASED FLOOR AREA RATIO BONUSES; DIRECTING TRANSMITTAL OF THIS RESOLUTION AS DESIGNATED HEREIN; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: 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: I only have one question. What was all of that rolled in here for? I mean, that poor girl is standing there. She's not going to get paid and... Ms. Dougherty: This is just in case you wanted to see the project. Vice Chairman Plummer: Yeah, right. Goodbye. 215 July 21, 1998 60. EMERGENCY ORDINANCE: AMENDING CHAPTER 54, ARTICLE VII OF CODE ENTITLED: USE OF PUBLIC RIGHT-OF-WAY — AMEND EXISTING PROVISION CONCERNING TELEPHONE SERVICE PROVIDER AND ADDING NEW SECTION FOR LOCAL EXCHANGE SERVICE PROVIDER. Vice Chairman Plummer: Mr. Sanchez, you have a pocket item that you need to take because you have to leave at six o'clock? Please exit quietly and give congratulations outside. Commissioner Sanchez: Yes, sir. Vice Chair, if I can bring this pocket item up, it's an emergency ordinance amending Chapter 54, Article VIII of the Code of City of Miami, Florida, as amended entitled use of public right-of-way by communication system. by amending the existing provision concerning telephone service provider and adding new section concerning local exchange telephone service provider. All in accordance with Section 337.401 Florida Statutes, as amended during the 1998 State Legislature. Vice Chairman Plummer: You move it, sir. Commissioner Sanchez: Containing... wait, wait, I'm not done. Containing a provision of severability clause and providing for an executive date. Vice Chairman Plummer: Do you move it, sir? Commissioner Sanchez: Yes, I do. Vice Chairman Plummer: Is there a second? Commissioner Regalado: Second. Vice Chairman Plummer: There is a second? Commissioner Regalado: Yes. Vice Chairman Plummer: By Mr. Regalado. The Administration is aware? Mr. Kay: Yes, sir. Mr. Warshaw: Yes, sir, we are. Vice Chairman Plummer: The Administration is in concurrence? Mr. Kay: Yes, sir. Vice Chairman Plummer: Call the roll. Oh, I'm sorry. He read the ordinance so we're all right. Call the roll. Mr. Foeman: Excuse me. Is this an emergency roll call? Vice Chairman Plummer: Oh, wait a minute. Excuse me. This was an emergency ordinance. There's two readings. Second reading. 216 July 21, 1998 An Ordinance Entitled - AN EMERGENCY ORDINANCE AMENDING CHAPTER 54, ARTICLE VIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS," BY AMENDING THE EXISTING PROVISIONS CONCERNING TOLL TELEPHONE SERVICE PROVIDERS AND ADDING NEW SECTIONS CONCERNING LOCAL EXCHANGE TELEPHONE SERVICE PROVIDERS ALL IN ACCORDANCE WITH SECTION 337.401 FLORIDA STATUTES AS AMENDED DURING THE 1998 STATE LEGISLATIVE SESSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez and seconded by Commissioner Regalado, for adoption as an emerger 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 Sanchez and seconded by Commissioner Regalado, adopted s 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. 11690. Commissioner Sanchez read the ordinance into the public record and announced that copies were available to the memb of the City Commission and to the public. 217 July 21, 1998 61. APPROVE AMENDING MASTER AND INCREMENT I DEVELOPMENT ORDERS OF THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (RESOLUTIONS 87-1148 AND 87-1149 AS AMENDED BY RESOLUTIONS 91-698 AND 94-849 AND 94-850 — BY INCREASING AND DECREASING QUANTITIES OF ALLOWABLE DEVELOPMENT IN ACCORDANCE WITH MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 — APPLICANT: DOWNTOWN DEVELOPMENT AUTHORITY. Vice Chairman Plummer: PZ-9. Vice Chairman Plummer: PZ-9, DDA. Mr. Gort. Commissioner Gort: This is second reading. As you all recall, we needed to make some changes within... Vice Chairman Plummer: Excuse me. This is a resolution. Commissioner Gort: No, it's a ordinance. Oh, sorry. Ms. Slazyk: No. This is a resolution authorizing the increase and decrease in the DRI. Commissioner Gort: DR ... OK. Commissioner Sanchez: PZ-10? Ms. Slazyk: These are the credits we need for all these projects that are coming... Vice Chairman Plummer: Do you recommend it? Ms. Slazyk: Absolutely. Vice Chairman Plummer: Mr. Gort? Commissioner Gort: I move it. Vice Chairman Plummer: Is there a second? Commissioner Teele: Second. Vice Chairman Plummer: By Mr. Teele. All in favor, say "aye." All opposed?. The Commission (Collectively): Aye. Vice Chairman Plummer: Show it unanimous 218 July 21, 1998 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-787 A RESOLUTION, WITH ATTACHMENTS, SHIFTING THE SCALE OF PERMITTED DEVELOPMENT ACTIVITY WITHIN CERTAIN LAND USE CATEGORIES OF THE AREA WIDE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY DEVELOPMENT OF REGIONAL IMPACT MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148 AND 87- 1149 ADOPTED DECEMBER 10,1987, AS AMENDED BY RESOLUTION NOS. 91-698 ADOPTED SEPTEMBER 26, 1991, AND 98-219 ADOPTED FEBRUARY 24, 1998), BY SIMULTANEOUSLY INCREASING AND DECREASING ALLOWABLE DEVELOPMENT CREDITS IN CERTAIN LAND USE CATEGORIES, AS PROVIDED IN THE SUBJECT MASTER DEVELOPMENT ORDER; AND FINDING THAT SAID REALLOCATIONS ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. (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. O.MWItIONER-► •[Tiff 62. APPROVE SCHEDULING ELECTION TO FILL OFFICE OF COMMISSIONER, DISTRICT NO. 3 — SET NOVEMBER 3, 1998 AS DATE FOR SUCH ELECTION — ESTABLISH SEPTEMBER 19, 1998, AT 6 PM, AS QUALIFYING DATE THEREFOR — SCHEDULE RUN-OFF ELECTION FOR NOVEM 3ER 10, 1998 — SEE LABEL 13. Vice Chairman Plummer: PZ-10. Ms. Slazyk: Ten and I I... Commissioner Regalado: Mr. Vice Chairman. Vice Chairman Plummer: Mr. Gort. Mr. Regalado. 219 July 21, 1998 Commissioner Regalado: Commission Sanchez had a discussion item on the agenda and it's one that also interests me but I think that he has to leave and I was wondering if we can take it. Vice Chairman Plummer: I asked him if he had anything else. Mr. Sanchez? Commissioner Regalado: I guess he forgot. It's the Marti issue and I... Commissioner Teele: Did we handle the issue relating to the special election? Commissioner Regalado: No, we're not. Commissioner Teele: Why don't we go ahead and do that too? Vice Chairman Plummer: Art, I can only do one at a time. Now, you know, Sanchez asked to do the one. I allowed that to happen, out of context. Commissioner Teele: Let's do the election. Vice Chairman Plummer: You want to do the election, it's fine with me. Item 15A. Is there a motion? Commissioner Gort: Move it. Vice Chairman Plummer: Is there a second? Commissioner Teele: Second. Vice Chairman Plummer: It's an ordinance. Read the ordinance on 15A. Commissioner Teele: We got to insert the date. Commissioner Regalado: Got to insert the date. Vice Chairman Plummer: Insert the dates. Mr. Foeman: September 19th. Vice Chairman Plummer: Well, wait a minute, wait a minute. Before you read the ordinance, let's announce on the record that the court has made a decision and the decision is the following: Mr. Maxwell. Mr. Maxwell: The court granted the defendant's motions for summary judgment and, in effect, have decided that the appellate ...that the Third District Court of Appeal was correct in its decision. Vice Chairman Plummer: So there will not be a new election? Mr. Maxwell: That's correct. Vice Chairman Plummer: All right. Now, read the ordinance on this item. Mr. Maxwell: That's establishing which date, Mr. Clerk? 220 July 21, 1998 Vice Chairman Plummer: I don't... Mr. Foeman: The qualifying date is September 19th at 6 p.m. Commissioner Teele: And the election date? Mr. Foeman: November 3rd. Vice Chairman Plummer: OK. Read the ordinance. Mr. Maxwell: September the 19th, Mr. Clerk. Mr. Foeman: Yes, 6 p.m. [AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: Call the roll. Commissioner Teele: Hold it, hold it. Why do we have such a long qualifying time? Commissioner Regalado: I was asking that. Mr. Foeman: He was following Section VII of the Charter, which normally, in a nonpartisan election, is 45 days prior to the election. Vice Chairman Plummer: Did your question get answered, Arthur? I'm sorry. Commissioner Teele: Yes. Vice Chairman Plummer: It did. All right. Call the roll. Commissioner Regalado: But it has to be like that or ... I mean, does it have to be like that or can we set another date? Commissioner Sanchez: Does it have to be 45 days prior to the election out of Florida Law? He's... Mr. Foeman: The City Attorney, in his ordinance, tracked the language of Section IV of the Charter and they reference, I believe, the Section VII as relates to the run-off and we have normally ... in our normal election 45 days prior nonpartisan primary election. Commissioner Sanchez: Listen, if it's 45 days, what a law states, let's do that. I'll be more than happy to... Vice Chairman Plummer: You be quiet. This involves you. Mr. Foeman: If we were to just have a stand alone special election, we can set... Vice Chairman Plummer: But why is it September/November or September/October? There's not going to be a run-off but if there is. Mr. Foeman: This is November... if there's a run-off ..and the City Attorney can speak to this ... we follow 221 July 21, 1998 the Section VII of the Charter. Vice Chairman Plummer: Which says? Mr. Foeman: We can have a regular election. Vice Chairman Plummer: September/October? Mr. Foeman: For run-off. No, that would be November 1 Oth for a run-off. Commissioner Teele: You know, I've got to tell you this... Vice Chairman Plummer: November 3 and November 10? Mr. Foeman: November 3, November IOth. Mr. Maxwell Run-off is one week after the regular election. Commissioner Teele: I got to tell you. You know, I know that Mayor Ferre and Commissioner Plummer and others, you know ... but this really ... it's disadvantage to the citizens of Miami but, more importantly, it costs us money. Look, I know we've got a charter and I don't want to make everything be like somewhere else but why can't ... why do we have to ... we pay for this run-off. Vice Chairman Plummer: Yes, that's what I'm asking. Commissioner Teele: I mean, we pay for this run-off. That's the issue. We're going to have three elections between now and November. Commissioner Regalado: That's what I said. Commissioner Teele: September, October, November and the City has to got this thing set up so we're going to have an election on September 3rd, in the general election, and then we have a run-off that we pay for and the cost is about what, forty thousand dollars ($40,000), fifty thousand? Mr. Foeman: Well, if we piggy back, yes. Commissioner Teele: Huh? Mr. Foeman: If we piggy back off an existing County -wide... Commissioner Teele: There ain't nothing to piggy back on, my friend. Mr. Foeman: Well, if there's... Commissioner Regalado: There's no more elections after the November 3rd. Mr. Foeman: Yeah. I'm saying, if we piggy back on the November 3rd, it's cheaper. Commissioner Teele: I'm not talking about November 3rd. 222 July 21, 1998 Mr. Foeman: But we're billing... we're getting a separate billing on a run-off. It'll be a separate election... Vice Chairman Plummer: But what we're trying to do is avoid it. Commissioner Teele: How much money does the run-off cost us? Mr. Foeman: For that one district, it'll be about forty-seven thousand. Vice Chairman Plummer: That's ridiculous. Why? Why can't we do September/October or October/November and not have to pay for a special, regardless of the price? Mr. Foeman: The Charter prohibits it. Mr. Maxwell: Because our Charter clearly says when we'll have those elections. Vice Chairman Plummer: Can we just get rid of Joe and not have an election? I didn't hear anybody say anything. Well, hey, if the law is that's what we've got to do, we've got no choice. But it seems like a ridiculous thing to me. Commissioner Teele: We have to do it but let me tell you, the law is what we have established the law through the Charter. There is no reason why our Charter provision doesn't say that in special elections, the election may comport to other general elections under the State of Florida. Something just that basic, you know. This is happening in 67 counties, from Escambio County to Monroe County. There's going to be an election in September, in October and in November. And why can't we piggy back these elections and save fifty thousand dollars (50,000). But it's too late. But, again, it's the kind of thing we need to look at in the Charter. Vice Chairman Plummer: OK. Has the ordinance been read? Commissioner Gort: Yes. Vice Chairman Plummer: Motion has been made. It is duly seconded. Has the roll call been... Mr. Foeman: No. Vice Chairman Plummer: Call the roll. 223 July 21, 1998 An Ordinance Entitled - AN EMERGENCY ORDINANCE SCHEDULING 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 SEPTEMBER 19, 1998, AT 6 P.M., AS THE QUALIFYING DATE THEREFOR; FURTHER, SCHEDULING A MUNICIPAL REGULAR ("RUN-OFF") ELECTION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 3, SAID ELECTION TO BE HELD ON NOVEMBER 10, 1998, UNLESS SAID OFFICE HAS BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE REGULAR NONPARTISAN PRIMARY ELECTION TO BE HELD ON NOVEMBER 3, 1998; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS ORDINANCE'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI- DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez and seconded by Commissioner Teele, 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. 224 July 21, 1998 Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Teele, 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. 11691. 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. 63. DISCUSS OPTIONS IN CONNECTION WITH TEATRO MARTI — DIRECT CITY MANAGER TO MEET WITH MR. CAPOTE TO EXPLAIN SAID OPTIONS — INSTRUCT CITY MANAGER TO URGE MIAMI CAPITAL DEVELOPMENT, INC. NOT TO TAKE DISPOSITION IN CONNECTION WITH TEATRO MARTI — FURTHER URGING MIAMI CAPITAL TO ALLOW TEATRO MARTI OWNER (MR. CAPOTE) RIGHT OF FIRST REFUSAL ONCE MIAMI CAPITAL FORECLOSES ON PROPERTY. Vice Chairman Plummer: All right. PZ-10. Commissioner Teele: Commissioner, there was a discussion item that they wanted to add. Commissioner Regalado: Wait, wait, wait. Vice Chairman Plummer: What's the problem now? Commissioner Regalado: The Marti discussion item. Commissioner, it's here and that's his district. He's been involved. I have been involved when no one was in that district and I think that he deserves... Vice Chairman Plummer: Why don't we put it off until September because he has to leave? Commissioner Regalado: There's no way we can do that because there are time tables that the Administration has to ... there's a foreclosure coming up. Either we ... you know, we say forget about it or we say something about it. Vice Chairman Plummer: There's nothing we can do. Ms. Cuervo: Their foreclosure... Vice Chairman Plummer: Excuse me. Let's get the record clear because, you know, Mr. Capote's a nice guy but I'm understanding from the Administration, they're telling me there is nothing we can do. So, I 225 July 21, 1998 mean, what are we discussing? Commissioner Regalado: OK. Let me ask Christina. Vice Chairman Plummer: OK. Ms. Cuervo: Yes, sir. Commissioner Regalado: He claims he has an offer to buy the place. Ms. Cuervo: Commissioner, we met with them on Friday and Maria Chiaro from the Law Department, Gwendolyn Warren, myself, Cesar Phillips from Miami Capital and, at that time, he did not advise us of that. He did advise us that he had some leases on the property that could provide the cash flow to make the current payments. However, there is approximately over a hundred and twenty-two thousand dollars ($122,000) that is past due. That would all need to come current in order for us to go forward. The loan has been in arrears for over three years and because these are loans that are made from CDBG funds that we provided to Miami Capital, really, at this point, unless loan comes current, there's very little that ... little remedy that we can offer. We understand the situation and we've tried to work with the borrower and, unfortunately, that's the situation we find ourselves in. Regalado Regalado: So, if he were to have those leases, as he says he does, and exercise those leases and pay the money being paid directly to Miami Capital, that is in the amount of more than three thousand a month, right, more or less? Ms. Cuervo: I'm not sure. I think that's ... I believe that's correct. Commissioner Regalado: I think that is the case. Is it a way to have some kind of moratorium with the rest of the loan? Ms. Cuervo: The answer is no because we have put forward to HUD a corrective action plan on loans such as these that are in default and, therefore, they would need to bring what they have past due current and then, based on that, we could work on a restructured plan but there would have to be that good faith effort up front. Commissioner Regalado: OK. Let me ask you this. He claims he has a buyer. Can he exercise the right to sell and then pay what is owed to the City? Ms. Cuervo: Most definitely. Vice Chairman Plummer: OK. Then, since there's nothing that this Commission can give him in the way of relief, I would ask that Christina Cuervo meet with Mr. Capote, explain to him the only option that he has and let it proceed from there. OK? Commissioner Regalado: Well, you know... Vice Chairman Plummer: If there's nothing else we can do, Tomas, I don't know what else we can do. There was... Commissioner Teele: He said that he had revenue... 226 July 21, 1998 Vice Chairman Plummer: Said he's got a buyer. Commissioner Teele: Revenue coming in that would equal the payments? Ms. Cuervo: The current principal and interest payments but, however, it doesn't satisfy the past three years of accrued past due interest and principal. Commissioner Teele: Well, wait. And it's owed to Miami Capital? Ms. Cuervo: Yes, sir. Commissioner Teele: I think you could ask that the ... if there is these payments, you could ask that the payments be put in a locke box for Miami Capital and request that Miami Capital give him an opportunity... as long as the payments are coming in, to give him an opportunity to come up with the plan to cure. I mean, the problem has been there's been no payments, is that right? Ms. Cuervo: We have approximately a hundred and twenty-two thousand dollars ($122,000) past due in the form of late fees, principal and interest and that's the problem. Vice Chairman Plummer: That's where the cheese gets binding. Ms. Cuervo: If this... Commissioner Teele: But how much is principal? How much of the hundred... Ms. Cuervo: Well, there's principal and interest of ninety-one thousand two hundred and fifty-five dollars ($91,255). Commissioner Teele: How much is principal? Ms. Cuervo: I can't tell you, sir, because it's on a straight line amortization with both principal and interest and I'd have to calculate it separately. I'm sure ... I would imagine a good portion of it is interest. Commissioner Teele: And this is CD float or what? Vice Chairman Plummer: CDBG. Ms. Cuervo: This is money that we provided Miami Capital in CDBG funds and we provided Miami Capital for them to make loans. Vice Chairman Plummer: All right. Commissioner Regalado: So... Vice Chairman Plummer: Then if, Christina, you would meet with him and explain to him... Commissioner Regalado: Yeah, but ... I mean, you know, we come back and forth and back and forth and this has been before us for ... I don't... seven, eight... Vice Chairman Plummer: Well, excuse me. No, it's not been back and forth, back and forth. About 60 227 July 21, 1998 days ago we gave him an absolute deadline of 30 days. Now, I didn't even think that there was any option open for him today. Commissioner Regalado: No. That was to pay the taxes. Did he did pay the taxes? Ms. Cuervo: My understanding is that Miami Capital ended up paying the taxes. Apparently, they were due. It was the last day and he had not paid them yet and Miami Capital went in so that a tax deed would not be... Commissioner Regalado: But he had the money to pay the taxes, did he? Ms. Cuervo: Apparently, he told us on Friday that he had the money. However, Miami Capital went in because it was the last day. They didn't want a tax certificate sold and that's why they went forward + pay the taxes. Commissioner Teele: Let me see if I understand. Miami Capital has a first? Ms. Cuervo: Yes, sir. Commissioner Teele: Does anyone else have a second? Ms. Cuervo: I can't answer that. Commissioner Gort: No. Commissioner Teele: Well, look. Look at it like this, Commissioner. We all want to be supportive and give him a second chance here. If Miami Capital forecloses, I believe that we can instruct Miami Capital to take no disposition action until he has been afforded an opportunity to buy them out. Commissioner Regalado: Yeah. Commissioner Teele: You follow what I'm saying? Commissioner Regalado: Yeah, absolutely. I think you're right. Commissioner Teele: So, I mean, we've got to balance here ... the Federal government is looking at us. We can't continue to wiggle on that one. Vice Chairman Plummer: He's got to buy them out. Commissioner Teele: But I think we can give Miami Capital instructions to give him the right to buy them out on this once they foreclose, if he can come in and do it. And I think that's completely consistent. In effect, he would have a right of first refusal or something. Vice Chairman Plummer: All right, let's move on. By virtue, again, for the third time, Christina, since he doesn't... Commissioner Regalado: Well, did we agree on that? I mean, on what Commissioner Teele... 228 July 21, 1998 Vice Chairman Plummer: Well, it's a matter of him buying out the Miami Capital. Commissioner Regalado: Yeah, but you have to understand that he doesn't quite understand the system. Vice Chairman Plummer: That's why I'm asking her to meet with him and explain to him the only option he has. Commissioner Teele: Mr. Chairman, I would move that Miami Capital be instructed to provide the previous owner or the gentleman the opportunity to exercise a right of first refusal to buy them out prior to the disposal of the property. Commissioner Regalado: I will second that motion. Ms. Cuervo: If they have a foreclosure hearing scheduled on Thursday, just so you know... Commissioner Teele: That doesn't change any of that. That doesn't change any of that. Vice Chairman Plummer: OK. Ms. Cuervo: We will communicate that to Miami Capital. Vice Chairman Plummer: What's the time limit? Commissioner Teele: Well, within 90 days from the time that they acquire it. Vice Chairman Plummer: OK. Commissioner Teele: The right of first refusal would expire in 90 days from the time that they acquire the property. Vice Chairman Plummer: OK. Motion understood? Call the roll. Mr. Foeman: I need a seconder. Commissioner Teele: The second... Vice Chairman Plummer: Regalado. Commissioner Regalado: I'm sorry, sir? Vice Chairman Plummer: You seconded the motion? Commissioner Regalado: Yes, I did. Vice Chairman Plummer: Call the roll. 229 July 21, 1998 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-788 A MOTION INSTRUCTING THE CITY MANAGER TO URGE MIAMI CAPITAL DEVELOPMENT, INC. NOT TO TAKE DISPOSITION ACTION IN CONNECTION WITH TEATRO MARTI; FURTHER URGING MIAMI CAPITAL TO ALLOW MR. CAPOTE OF TEATRO MARTI TO HAVE RIGHT TO BUY OUT ONCE MIAMI CAPITAL FORECLOSES ON SAID PROPERTY, THEREBY PROVIDING THE ABOVE CITED PREVIOUS OWNER THE OPPORTUNITY TO EXERCISE RIGHT OF FIRST REFUSAL; FURTHER STIPULATING THAT SAID OPPORTUNITY WILL EXPIRE WITHIN 90 DAYS. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 64. CONTINUE CONSIDERATION OF ITEMS PZ-10 (SECOND READING ORDINANCE TO AMEND ORDINANCE 10544 TO CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN FROM MAJOR INSTITUTIONAL PUBLIC FACILITIES TO COMMERCIAL AT 1975 NORTHWEST 12 AVENUE) AND PZ-11 (SECOND READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO CHANGE ZONING AT 1975 NORTHWEST 12 AVENUE TO C-2 LIBERAL COMMERCIAL) TO COMMISSION MEETING OF SEPTEMBER 22, 1998. Vice Chairman Plummer: Item PZ-10. Ms. Cuervo: I'd like to continue that to September. Vice Chairman Plummer: You want a continuance? Ms. Slazyk: Continue PZ-10 and 11. Vice Chairman Plummer: Nobody asked for it before. Does that also affect the next item, PZ-11? Ms. Cuervo: Yes, 11 too. Vice Chairman Plummer: You want a continuance on that. Why? 230 July 21, 1998 Ms. Cuervo: Yes. Because this is our property maintenance site and we're still negotiating for the sell of the property. Vice Chairman Plummer: Excuse me. Commissioner Teele said don't come back again until you have a plan showing where those employees are going to be working... Ms. Cuervo: That's why we're continuing this item. Vice Chairman Plummer: Oh, yeah. After I bring it up, then you remember it. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-789 A MOTION TO CONTINUE CONSIDERATION OF ITEMS PZ-10 (SECOND READING ORDINANCE TO AMEND ORD. NO. 10544, TO CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN FROM MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO GENERAL COMMERCIAL AT APPROXIMATELY 1975 N.W. 12 AVENUE [PROPERTY MAINTENANCE SITE]) AND PZ-11 (SECOND READING ORDINANCE TO AMEND ZONING ORD. 11000 TO CHANGE ZONING AT APPROXIMATELY 1975 N.W. 12 AVENUE [PROPERTY MAINTENANCE SITE] FROM G/I GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 22, 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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 231 July 21, 1998 65. (A) CONTINUE CONSIDERATION OF PZ12 (SECOND READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO INCLUDE PORTION OF ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY / CHARLES AVENUE / WILLIAM AVENUE IN COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, OFF SITE PARKING) TO MEETING OF SEPTEMBER 22, 1998. (B) APPOINT SEVERAL INDIVIDUALS TO AD HOC COMMITTEE TO STUDY AND RECOMMEND ON PROPOSED AMENDMENT FOR SD PARKING OUTSIDE SD-2 DISTRICT. Vice Chairman Plummer: PZ-12. Mr. Maxwell: Excuse me, Commissioner. Vice Chairman Plummer: What? Mr. Maxwell: PZ-10 and 11 are being continued to exactly which date, for the record? Vice Chairman Plummer: Which date? Ms. Slazyk: September 22nd. Ms. Cuervo: September 22nd. Commissioner Gort: The 22nd. Vice Chairman Plummer: All right, September 22nd. All in favor say "aye." All oppose?. Vice Chairman Plummer: Show unanimous The Commission (Collectively): Aye. Vice Chairman Plummer: Item PZ-12. Ms. Slazyk: PZ-12 was continued from six months ago to now. What I would like to do is also get a continuance on this to September in order to convene the Committee. Vice Chairman Plummer: It's continued until September 22nd. All in favor, say "aye." All opposed? Commissioner Regalado: Why? Why? Excuse me. Why is it that we're doing this? Vice Chairman Plummer: Because she needs more time. Commissioner Regalado: Why? Lourdes, why are we not voting on this one? Ms. Slazyk: PZ-12. We were —this was continued from six months ago in order to study it with a committee that was going to be formed and there hasn't been a conclusion reached on this yet, so we need to ... Commissioner Plummer. Commissioner Regalado: This is about the parking, right? 232 July 21, 1998 Ms. Slazyk: Yes, this is about an amendment that would allow parking for SD-2, outside of SD-2, that would include the Coconut Grove Playhouse property. This does not give the Playhouse any approvals or allow them to do anything on there, this is just the authority for them to be able to put parking there. Commissioner Regalado: But why are we delaying this? Is there any reason for it? Ms. Slazyk: There was a concerned citizens from the neighborhood that wanted to meet with the City about the manner in which this was going to be done. And Commissioner Plummer was going to form a committee or give us names for a committee to meet from the neighborhood in order to do this. Vice Chairman Plummer: And I didn't do it. Ms. Slazyk: No. We need to sit down and get committee name ... members and what the objective of the committee... Vice Chairman Plummer: My appointment is Barbara Lang. Ms. Slazyk: OK. Then we can appoint someone from the City and I would recommend Department of Off -Street Parking. Ms. Adrienne Pardo: And I'd also like to get, if we could have Mr. Koruglu appointed as well? Vice Chairman Plummer: Is he a recipient or could he be a recipient? Ms. Pardo: He's an interested party, in that owns the building. Vice Chairman Plummer: All right. So, he's appointed. Who else? Give your names, please, to the Clerk. How many more people do we need? Commissioner Regalado: That's it. Vice Chairman Plummer: Lourdes. Ms. Slazyk: That's up to you. Vice Chairman Plummer: I'd like somebody from the Off -Street Parking. Mr. Maxwell: Excuse me. Ms. Slazyk: From the Parking Committee, Robert Masrieh. Vice Chairman Plummer: That's fine. Miss Rocky. (phonetic) All right. How about Elena Carpenter? Ms. Elena Carpenter: Yes, sir? Vice Chairman Plummer: Would you like to serve on that committee? Ms. Carpenter: Yes, sir. 233 July 21, 1998 Vice Chairman Plummer: You're so appointed. Sit down. Ms. Pardo: And could we get somebody else from Commodore Plaza appointed, a business owner? Vice Chairman Plummer: Ted Stall. Mr. Hakki Koruglu: Ted Stall is not there Plummer: Ted stall is not there , who's there? Commissioner Regalado: He sold... Mr. Koruglu: How about Silvano, the owner of Green Street? That would be good Vice Chairman Plummer: That's fine. He's so appointed. Mr. Maxwell: Mr. Vice Chair? Vice Chairman Plummer: Next. Mr. Maxwell: Mr. Vice Chair? I believe ... Mr. Carocky, is it? Mr. Koruglu: Koruglu. Ms. Pardo: Koruglu. Mr. Koruglu: Yeah. Ms. Pardo: Koruglu. Mr. Maxwell: Koruglu, I'm sorry. My apologies. I ... are you.. just for the record, I need to know, are you not involved in litigation with... Vice Chairman Plummer: Excuse me. Somebody here has a black Mercedes. Who has a black Mercedes? Commissioner Gort: It's taken care of. Vice Chairman Plummer: It's taken care of? Commissioner Gort: Yes. Vice Chairman Plummer: Policemen are always second best. Go ahead. I'm sorry. Mr. Maxwell: Are you not involved in litigation with the State of Florida or Off -Street Parking maybe over the use of this property? Mr. Koruglu: Absolutely not. There is no litigation. Mr. Maxwell: You're not involved in any way? OK, thank you. 234 July 21, 1998 Commissioner Teele: So moved. Vice Chairman Plummer: OK. Ms. Slazyk: And the last would be —do you think anyone from the West Grove ... do you have a name? Vice Chairman Plummer: West Grove. Ms. Slazyk: Since they're being impacted, possibly. Vice Chairman Plummer: What's the gentleman's name that has the shop on the corner of Douglas and... Mr. Koruglu. Rashid. Vice Chairman Plummer: What? Mr. Koruglu: Rashid. Vice Chairman Plummer: Rashid. Mr. Koruglu: Yes. Vice Chairman Plummer: He would be excellent. OK? Ms. Slazyk: All right. Vice Chairman Plummer: That takes care of it. Mr. Foeman: Can I get a roll call? Vice Chairman Plummer: A roll call. Call the roll. All right. 235 July 21, 1998 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-790 A MOTION CONTINUING CONSIDERATION OF ITEM PZ-12 (SECOND READING ORDINANCE TO AMEND ZONING ORD. 11000 TO INCLUDE PORTION OF ADJACENT G/I DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE IN COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, OFF -SITE PARKING) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 22, 1998; FURTHER APPOINTING THE FOLLOWING INDIVIDUALS TO AN AD HOC COMMITTEE TO STUDY AND MAKE RECOMMENDATION(S) ON THE PROPOSED AMENDMENT FOR SD PARKING OUTSIDE THE SD-2 DISTRICT: BARBARA LANGE (nominated by Vice Chairman Plummer) HAKKI KORUGLU (nominated by Vice Chairman Plummer) ROBERT MASRIEH (representing Coconut Grove Parking Advisory Committee) ELENA CARPENTER (nominated by Vice Chairman Plummer) MR. SILVANO, THE OWNER OF GREENSTREET JIHAD RASHID (representing West Grove) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 236 July 21, 1998 66. DISCUSS FOR COMMISSIONERS TO PROVIDE IN WRITING APPOINTMENTS TO AD HOC CITIZENS ADVISORY COMMITTEE FOR VIRGINIA KEY — SEE LABEL 29. Vice Chairman Plummer: All right. Now, Item 31 on the Virginia Key. Other appointments to be made. Mr. Teele? Commissioner Regalado: Can we send this to the Administration by... Vice Chairman Plummer: So ordered that the Commissioners can send names and they are automatically approved, keeping in mind that it was requested that certain categories and types of people that were very much interested be ... and I would ask the Clerk that, by Friday, if all the names have not been surrendered, that, in fact, that you would call each individual Commissioner and remind them, including one of the Mayor's Office and one of who? There was a seven member board, right? Commissioner Regalado: Seven. Vice Chairman Plummer: Oh, the Waterfront Board. Waterfront Board. OK? So that takes care of Item 31. OK. 67. DISCUSS PROPOSED CITYWIDE LOT CLEARING PROGRAM — DIRECT CITY ATTORNEY TO IDENTIFY CLUC 90 PROPERTIES AND PROCEED TO OBTAIN CONTROL OF SAID PROPERTIES — FURTHER DIRECT CITY MANAGER TO SUBMIT TO LOT CLEARING COMMITTEE NAMES AND ADDRESSES OF PROPERTIES IN NEED OF LOT CLEARING SERVICES. Vice Chairman Plummer: Thirty-two "A" was Theater Marti, correct? Commissioner Regalado: Done. Vice Chairman Plummer: We did that, all right. Thirty-two "B" is my item on lot clearing. To my colleagues, I want to go to a very aggressive program, if you are in concurrence. What I'm saying is that we would, in fact, go out and get bids for the private sector to come in and do the work. We would put people on 30-day notice. Anyone with a yard of 24 inches or higher would be subject to this calculation and that, in fact, if they do not act, we would act for them and a fee of one hundred dollars ($100.00) or 10 percent of the cost would be applied towards them and it would be retroactive every time that the lot exceeds 24 inches. Now, if you have a problem with that ... because we're going to go into a meeting tomorrow... then, please, tell me that you have a problem and, if you don't, that's the area that we're going to try and pursue. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I want to commend you. I think this is a right approach. I think that this needs to be carefully coordinated with Legal. I have two comments, specifically. First, I would hope that we can work with the Wages people again in developing this program. I mean, you know, there are a lot of people who want to work and it's the kind of program that, I think, given your leadership in Wages, that we could design something for training and move people from welfare to work. I mean, we may be able to put some people in business, in lawn cutting business, as dangerous as it is for somebody to want to work in their first job or their first contract for the City given our payment plan. But I think that's very important. I commend you. 237 July 21, 1998 The problem with this whole area is an area that the City Attorney and the Manager need to focus on and it's sort of like pogo. You know, we met the enemy and the enemy is us. Much of this land is just like this area that we've been talking about in Overtown, where we own the building. Much of this land is called ... what is called CLUC-90 (County Land Usage Code) land. We own the CLUC-90 land. We may...it may not be in our title but I'm telling you, what is happening is, the NET offices and people are going out giving citations. A lot of these vacant lots have been abandoned. They've been abandoned for five years, six years, seven years. The title is still in their name. The problem is, when people abandon, they don't serve notice. They don't do all of these things. So, it's still in their name. We're sell ... but these people have gone ... long gone. They've forgotten it. It's called CLUC-90. I think the most important component of this is that the City Attorney's Office needs to be instructed to work with the Management to identify all of the CLUC-90 property and we need to go about the process of getting control of CLUC-90. And the issue here is that nobody wants to take responsibility because once it's in our name, we really are responsible. The building on Overtown that we talked about four months ago, the City Attorney sent me a memo. They're going to be another five months getting title. But guess what, that building is right there. It's a drug den. It's a prostitution den. It's homeless people there and the City of Miami owns the building. It's not in our name because we've not perfected our title. And that's the problem with most of your land. So when you start mailing out these notices, you're going to mail it out to John Doe and Mary Doe. But at the end of the day, these are CLUC-90 properties that the City effectively owns and controls. We just haven't asserted legal title. So, what I think we need to do, at the same time, is instruct the City Attorney to begin the process of moving through the CLUC-90 to perfect the title on this because all you're going to have is a bunch of names that don't mean anything. Vice Chairman Plummer: Well, outside of certain districts, I don't agree with you. I think, in my particular district, there's no proprieties that have come under the CLUC-90. Commissioner Teele: In my district, it's going to be 60, 70 percent of all the CLUC-90s in the City of Miami... Vice Chairman Plummer: I understand that. Commissioner Teele: ...are going to be in Model City's, in Little Havana and in Overtown. Most of it's going to be in Model City's. Vice Chairman Plummer: OK. What I'm saying is, that I'm now putting all NET administrators on notice that any vacant property is to be categoried. They are to provide to this Committee the names and owners of any vacant property that exist in there that is subject to this lot clearing program. We, hopefully are going to have a meeting tomorrow. We, hopefully, will come to this Commission on September the 8th with all our recommendations for your blessing and we will proceed from there. Sir, did you wish to speak to this issue? Mr. C.C. Reed: Yes, sir. Vice Chairman Plummer: Your name and mailing address for the record. Commissioner Teele: C.C. Reed. Mr. Reed: My name is C.C. Reed. My address is 1601 Northwest 1st Court, number 201, Miami, Florida, 33136-1952. I'd first like to say hello, ola, bonsoir, mahama. My name is C.C. Reed. Mahama S., C.C. Reed. As a potential candidate for Governor of for the State of Florida, Overtown, Miami -Dade County, Florida, needs attention 24 hours, seven days per week, holidays included. This past Saturday C.0 Reed attended four funerals. There are tourists and visitors coming in our community throwing trash on the 238 July 21, 1998 ground. This must be stopped. It's bad enough to teach our children not to throw trash on the ground. Businesses are suffering from this affect. We need cameras in our community to stop this bad habit that has been happening in our community. Please, make Overtown, Miami -Dade County, Florida first on the list of priority for keeping it clean. Thank you. Vice Chairman Plummer: Thank you. 68. APPROVE COMPUTED PROPOSED MILLAGE RATE FOR CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 — COMMISSION COMMENTS ON NEED FOR STRUCTURAL CHANGES TO BUDGETARY PROCESS, PARTICULARLY IN THE SOLID WASTE AREA / NEED FOR CONSULTANT TO APPRAISE COMMERCIAL CITY PROPERTIES / NEED CONSULTANT TO REVIEW STRUCTURE OF DEPARTMENTS IN THE UNIFORM SERVICES — DIRECT CITY MANAGER TO PROVIDE COMMISSIONERS DURING COMMISSION MEETING OF SEPTEMBER 8, 1998 WITH NAMES OF COMPANIES THAT CAN APPRAISE CITY OWNED PROPERTIES — FURTHER DIRECTING MANAGER TO REVIEW NET OFFICES BY SEPTEMBER 8, 1998 AND INCLUDE RECOMMENDATIONS IN PROPOSED BUDGET — DIRECT CITY MANAGER TO CONDUCT ECONOMIC IMPACT ANALYSIS REGARDING PROPOSED $50,000 HOMESTEAD EXEMPTION. — SEE LABELS 45 AND 48. Vice Chairman Plummer: OK. We need to do Item 29. Twenty-nine. Mr. Teele. We need to set the Trim Bill, the untrim bill. We need to set the millage. The recommendation of the Administration is? Mr. Parekh: To adopt the resolution as stated. Vice Chairman Plummer: Is there a motion? Is there... Commissioner Gort: Move. Vice Chairman Plummer: ...moved by Gort. Is there a second? Commissioner Teele: For discussion. Vice Chairman Plummer: For discussion. Under discussion. Mr. Cox, do you wish to be discussion? Mr. Cox: Yes. Vice Chairman Plummer: Proceed. Mr. Cox: Charlie Cox, Local 1907, 4011 West Flagler Street. Commissioner Teele, with all due respect, I heard what you said and you may be right. We may no longer have employees here next year. But I'm going to also tell all of you, the employees in our lap may be dealing with the Oversight Board. Everybody wants to play games with what the employees have done. Well, you know what, we have done for 10 years because we couldn't afford. We couldn't afford. Now, we've brought in all kinds of committees to do studies and we're spending money like water, OK? And you're right, we may not be here next year. But, you know what, whoever is left will be dealing with the Oversight Board because you can't keep spending money without bringing it in. My dad told me when I was young, if you live on a Volkswagen salary, you better buy a Volkswagen. And the problem is, yes, we're hurting. We've been hurting for years. But we keep living on a Cadillac salary. Thank you. 239 July 21, 1998 Vice Chairman Plummer: Thank you. Further discussion among Commissioners. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I am very concerned that we continue to say we want to get out from under the Oversight Board and then we give away the dollars that will get us out from under the Board. I'm particularly concerned about the fact that we continue to give away money here. The ... and no particular action but I really do think that this Board, which I support, needs to move toward a structural correction in our deficit. We have structural deficit problems here and the millage rate is just a part of the issue. But we cannot continue to go to this 9.595 and solve the problem. We're not ... the expenses that we have today and that we're looking at in out years are growing faster than the millage rate increases, which are pegged a 9.59 ... 9.599. I'm prepared to support the millage rate, as I was on the fire fee. But I am not comfortable continuing to support these things and then seeing us take two steps forward and one and a half steps backward. And I, for one, will not be pleased to give away funds, General Fund money until we're out from under the Oversight Board. That's my whole issue here. And I don't know how to do it. I think the Budget Office, the Mayor, who has the obligation of presenting a budget annually, the Manager need to take this under advisement, but we're not dealing with the structural problem. And, in my regards, the issue of better appraisals for the commercial property, we've talked about it but we've done nothing about it. If we could figure out a way to get a better appraisal of commercial property, I think we can add millions of dollars... Vice Chairman Plummer: Absolutely. Commissioner Teele: And, again, we've all agreed on it but where's the beef Where are we ... where is the action. It's not... Vice Chairman Plummer: I thought we... Commissioner Teele: ...in the Five -Year Plan. Vice Chairman Plummer: I thought we asked the Manager to go out and find firms that do that kind of business and report back to this Commission with all of the particulars, how much, what percentage? Commissioner Teele: Look, as far as I'm concerned, we ought to authorize the Manager to do it. I mean ... but the problem here is, is that we authorize the Manager to do these things and, for whatever reason, there's a bureaucracy that is occurring. We need to do it. We need to go ahead and give the Manger the authority to bring someone in here and deal with the structural problem of under appraisals. And I got to tell you, in Park West, in downtown, in Omni, it's a problem and it will change, I think, our tax picture. The other issue here, Mr. Manager, is, we all continue to talk about the Solid Waste problem. Solid Waste is the biggest departmental budget in ... problem in this city and, yet, we have not moved in any comprehensive way to solve the problem. I've been saying this every meeting. I'm going to say it at every meeting in September, as long as I can drive through the cities ... the areas that I represent and see the names of companies that are not on the list, that are doing business in this city. I mean, we've got NET offices; we've got Fire Marshals; we've got Building and Zoning; we've got NET NROs (Neighborhood Resource Officers) and we've got companies that are doing business all over the City of Miami that are not paying us any fee, unless they're doing business under different names. Who's Big Apple? Who's Big Apple Solid Waste Company. They've got all kinds of dumpsters all over the city and every day they're... Vice Chairman Plummer: I got one better. Next door to me... 240 July 21, 1998 Commissioner Teele: There's a new name. They ain't on this list. They're not on the list of people paying the franchise fee. Vice Chairman Plummer: Is there one on there by the name of Big Mack? Commissioner Teele: No. Vice Chairman Plummer: That was next to my house yesterday. Commissioner Teele: But, see, this is my point. This is ... this represents literally hundreds of thousands, millions of dollars and, yet, we have to shoot ourselves in the foot every time it's time to do a fee increase or a budget ... or this, where we wound up today with this thing on a 2/2 vote basically because nobody wants to raise the taxes. Vice Chairman Plummer: That's going to change. Commissioner Teele: And you don't have to raise taxes if you go out here and bust these people that are using the City franchise and not paying us money. That's new revenue. But how many times do we have to say it. We've got NET offices. Every NET Administrator makes more money than the entire Commission combined. Every one of them. And, yet, we have to report this stuff to you. And, so, I continue to say that I don't see the movement. I don't see that the internal management... the Internal Management Office or the Office of Internal Auditing is out there on this. I mean, it's fine to go get the books of the companies that are reporting. The biggest problem is the operational audits of going out there, finding out who's not reporting. You've got right there on the end of 3rd Avenue a huge dumpster that's unmarked, OK? A huge dumpster full of construction garbage that's unmarked. I got to tell you, it's unmarked because that's the garbage that winds up in the streets of Miami at night. Because all of the reputable garbage companies have a marker on their dumpster. And if you go throughout Overtown, you'll find all kind of unmarks. And then, not to even mention the issue of the recycling, where the recycling has become the new gray market in this. You know, one man's garbage is another man's treasure. Well, that's true in solid waste. I mean, with all due respect to Mr. Huzienga, where do you think he made his first billion? Garbage is big business and we're not treating the garbage in this City like it's a big business and, instead, what we're relying on is the millage rate here. And all that I'm saying here is that I have no problem supporting the management and the Mayor on the millage, but I think you all have got to do a better job of tracking down where this garbage is because that is the biggest ... Mr. budget director, is the Solid Waste budget the biggest hole in the budget? Mr. Parekh: One of the biggest ones, yes. Commissioner Teele: How much is it? Mr. Parekh: At least seven million dollars ($7,000,000). Commissioner Teele: Seven million dollars ($7,000,000). Mr. Parekh: At least. Commissioner Teele: And we're just letting the money go right out the door every week. Mayor Carollo: Art ... J.L. is still chairing. What you're saying I'm in agree agreement with. I've ... but it goes beyond what you're saying. The same businesslike change that we have to make with garbage and 241 July 21, 1998 recycling has to be enforced in every single aspect and component of this City government. I have been talking to the Manager in the last week to come up with something that I think would make each of you happy with, as far as garbage. At the same time, I want to make sure that it's done in a way that there isn't even the slightest perception that's not being done above board with a level playing field for everyone but that it's going to guarantee this City that we're not going to be having the problems that you're describing here again, that we have talked about in this dais in the past. I know, like you do, that the Manager has really been here for a short time but we have to begin now to make the changes, the structural changes that are going to make this City survive into the future and all of us have to make the courageous decisions, not the uncourageous ones, like you rightly pointed out at another meeting, maybe a little more strongly than I have now, but you are right. There has to be courageous decisions that have to be made by Commissioners here. Otherwise, you know, this City is not going to make it if we don't do this. This City has a tremendous potential. Even with all the poverty that we might have, even with all the problems that we might have, the potential that we have is tremendous but it's only going to happen if people up here are going to set the tone, are going to vote for what's right, not for what's expedient, and we need to start doing it now. This is one issue that we need to move on as quickly as we can. It's an issue that's important. There are several others that are just as key. I think now that the dust has settled in some people's mind, somewhat, as to where we're heading. We can have a little bit of a break in the next few weeks so that we could concentrate on many of these key issues. One of them being, that we have to start working on RFPs, on key City properties. RFPs that there's not going to be any doubt in anyone's mind that are going to be open and fair for anyone that would want to participate in them and we have to start moving as quickly as we can but as intelligently as we can to lease out some of our key property that has been dying and left in waste for years. I truly believe that once we start doing this ... and it's not going to happen overnight in some of these issues. But once we start doing this, we could lay a strong enough financial foundation for this City to make sure that what we have gone through now and in the recent past will not happen again. Commissioner Teele: Mr. Mayor, in supporting the millage... the Manager's recommendation for millage, I want to just be very clear. I'm looking for three issues. I'm looking for structural changes in the budget process as it relates to this overall deficit that we're dealing with, particularly in the area of Solid Waste. We have always talked about the home owners and all of that but the home owners are not all of the problem in this, the rate. We have too much garbage going out the back door and until we can quantify that...you know, I'm going to have reservations about the budget and the budget process. The second structural issue is the appraisal of property, and Commissioner Plummer and I are in full agreement on this. When you've got major buildings that are on rolls for forty million dollars ($40,000,000) and they sell for eighty million dollars ($80,000,000) and ninety million dollars ($90,000,000), you have a structural problem with the way that's done. And while we're not responsible for the appraisal, we are the City that has the right to go before the Value Adjustment Board and demand a change and we've all agreed since January and February and March that there needs to be a consultant brought in to document so that we can go to the Value Adjustment Board and, if necessary, go to the Cabinet and challenge the country , the country's rolls, if necessary, until they get our portion of the roles right, as it relates to commercial. And I continue to say commercial. I don't want to open up this home owner issue. And the third issue that Commissioner Plummer raised before, that I want to basically support, is that we need a consultant to come in and look at the uniform services and the structure of the departments of uniform services. Just so that it's very clear, nobody's picking on the Fire Department. Nobody's picking on the Police Department. But, Mr. Dipak, what percentage of the budget does Fire and Police represent? Mr. Parekh: Over 70 to 75 percent, including fringes. Commissioner Teele: Yeah. Well, that's ... yeah. Seventy-five percent of the total budget is Police and Fire, uniform services. So, if you're going to look at something, you would look at those two areas immediately. And Commissioner Plummer has said that he will not support the budget or some ... I'll let him speak for 242 July 21, 1998 himself as a part of the budget process but I fully agree, the Police and Fire structure needs to be reviewed. And I think, if we can get our handle ... a handle on this, then a lot of us ... I will feel more comfortable supporting the millage rate. Having said that, I believe, if you do the three things and the things that the Mayor's talking about in terms of more reoccurring income from leasing and those other kinds of entrepreneurial activities, I believe that we all ought to be looking at a budget next year of the roll back rate. I can tell you that I will not be supporting a budget next year greater than the roll back rate, unless all those three things have been done and we have no other choices. But I have a sense that we are letting a million dollars ($1,000,000), two million dollars ($2,000,000), maybe three million dollars ($3,000,000) go out the door in the whole area of Solid Waste, between the recycling ordinance that's pending, between the commercial garbage ... the commercial and construction debris permits that we are not enforcing. Those people are all over the right-of-way, Jim Kay. All of over the right-of-way. Drive through Overtown. They're all over the right-of-way doing construction. They're not paying one dollar and, yet, we have an ordinance that says they pay a fee to use the right-of-way. Didn't we pass that ordinance? Mr. Jim Kay: OK. Commissioner Teele: We passed an ordinance in the Solid Waste that transferred a construction fee process for construction garbage for the use of the right-of-way. Vice Chairman Plummer: Oh, yeah. Commissioner Teele: We passed that three months ago. Vice Chairman Plummer: Oh, no, we passed a construction debris fee. Commissioner Teele: A construction debris fee. Vice Chairman Plummer: Yeah, because... Commissioner Teele: But nobody's collecting it. Vice Chairman Plummer: Well... Commissioner Teele: At least you've got dumpsters all over the right-of-ways that have no permit stickers or anything on them. Vice Chairman Plummer: Right. Commissioner Teele: OK. So, if it is being collected, we don't have any way of assuring that the Building and Zoning and NET office know it. There is a lack of enforcement and so, I'm going to support it on this one but I'm just telling you, those are the three areas that I'm looking at, along with the other areas for the entrepreneurial aspect of it. Vice Chairman Plummer: OK, you've made your point. I'm going to make mine. All right? I'm going to go along with this millage that you recommend because I can always get another bite at the apple. I can lower it but I can't up it. So, I've got another bite at the apple. Now, I'm telling you again, I'm not going to fight you on the millage but I'm going to fight you tooth and nail when it comes to the budget of how the money is spent. I want to reiterate for you so there will be no question in your mind. I will not settle, for my vote, for less than one hundred and fifty PSAs (Public Service Aides). I will not settle for all of the amount of overtime that is put into the Police Department. I think that is overtime that we need to put into 243 July 21, 1998 the Sanitation Department. Let me tell you, I went to Edge Water last night. Edge Water was always the area of prostitution and drugs. Do you know what? They didn't really speak to it last night. They spoke to nothing but trash. Commissioner Teele: Right. Vice Chairman Plummer: That's all they spoke to. And every where you've gone, people are fed up with trash. They are not only fed up with the trash on the street, but they've come to a point now, they don't believe us. Mr. Parekh: That's true. Vice Chairman Plummer: My day to be picked up is Friday and it's been four days and they're not here. And even what discourages me more is what you hear the comments when they call the City and what these people are told. We need people that know how to deal with people because some of these people, the way they're being dealt with, shouldn't happen. So, those are the three items that I'm looking at. We've got to do something. I hope, Mr. City Manager, that you're looking into that proposal, which I gave you from Miami Beach, about the private haulers coming forth four times a year and having those dumpsters out on the street for three days so people can voluntarily go dump everything they want on those three days. All right? I think, without question, if a motion would be in order or if the Chair has the prerogative, you are so instructed, sir, to come back on September the 8th with a recommendation to this Commission in reference to a company or companies that will be able to assist this City in commercial evaluation and appraisals of property. I am told, and I might be wrong, that other cities send representatives to the Board of Equalization when an appeal is heard. We have never, ever sent anybody to defend the City. So, in my conclusion of my remarks, very simply, I am saying, I'm voting for the proposal of today. You know what it's going to take to get my vote for budget, OK? If there's no further discussion... Mr. Charles, you have something you wish to add? Mr. Norman Charles of Sanitation. Mr. Norman Charles: Thank you, Mr. Chairman, Mr. Mayor, other honorable members of the City Commission. First of all, I want to say congratulation to Commissioner Plummer on the remarks he just made, that he thinks that more money should be spent in Solid Waste Department in Overtown. Vice Chairman Plummer: I didn't want to but we're going to have to. Mr. Charles: Well, I'm looking at it right now. I have met with the Manager. I have spoken with him on the concern of Solid Waste Department. A lot of this overtime could be avoided if Solid Waste Department was treated as somebody and was given their fair share. I've said it before and I'll say it again, we're understaffed, we're over worked and we're paid in all kinds of weather and conditions but, yet, still we continue to go out there and do the best job that we can do. It's garbage and because it's garbage, people just look at it like garbage. But when we drive through the streets of Miami and you see where a garbage man just pick up a trash pile here 10 minutes ago and by the time the truck goes down fifty or 60 street and come back, there is a trash pile right back there. I have to commend Commissioner Teele on his remark, that a lot of these dumpsters that are in Overtown, which I've seen them with my own two eyes, I think these dumpsters should be removed. They should be placed in a place that nobody can get them again to bring them back on the street because when night falls, these are the same people that dump these containers and take them to another spot. This is what is really happening in the City. Vice Chairman Plummer: Let me ask you a question. Mr ... is Adrian McBeth here or somebody? What I need to know is, if an apartment house has a dumpster and that dumpster is overflowing and dumping onto the street, do we write them a notice of violation? 244 July 21, 1998 Commissioner Teele: Suppose to. Vice Chairman Plummer: We do? Unidentified Speaker: Yes, we do. Vice Chairman Plummer: You've got a lot to write. Commissioner Teele: It's the NET offices that are suppose to do it. Mr. Warshaw: We do but we can do better and we can do more of it. Vice Chairman Plummer: Mr. Manager, the final concluding word that I'll have on this subject is, you have promised us a revamping, a review of the NET offices. I would hope, sir, that you could make, whatever you're going to do, by September 8th meeting so that we can address it in the budget area as necessary. I'll now call the item on Item 29...Mr. Tony. I'm sorry. Mr. Tony Rodriguez: I'd like to speak. Tony Rodriguez, President of Miami FOP (Fraternal Order of Police). Mr. Vice Chair, Commissioners, you know, I was sitting back there in the back of the room and I guess it would probably would have been the smarter thing to do, to just stay back there. In fact, my better judgment told me that I should stay back there. But, you know what, you know, week after week, month after month, meeting after meeting I sit there and I listen to the some of you, sometimes all of you, trash and trash and pick on the police and fire. Tommy can speak for his own people but I've got to tell you, you all get up here and you're always attacking the Police Department about overtime, about the amount of money in the budget and about a world of other things and none of it, none of it is based on facts. And I'd like to point out what you said ... and that's right. And I'm saying that right now. Vice Chairman Plummer: Go ahead, because... Mr. Rodriguez: And I'll debate it with you anytime. Right now we can do it if you want to, Commissioner. Vice Chairman Plummer: No, you're not going to debate it with me, Tony. Mr. Rodriguez: Well, then... Vice Chairman Plummer: You're going to debate it... Mr. Rodriguez: Well, let's tell the public the truth. Vice Chairman Plummer: ...with the person who gave me the numbers and that's Dipak, that where you are budgeted this year for five point two million dollars ($5,200,000) in overtime, it is projected that this year you're going to be an all time high of seven and a half million dollars ($7,500,000). Sir, you debate it with him. Those are his numbers, not mine. I am only repeating what I was told. So, if it's wrong, you go to the man who we pay an awful lot of money to make those predictions, not with me. You have no argument with me. Mr. Rodriguez: And I will. I will do that in due time. But, right now, I think I'll take advantage of this forum. 245 July 21, 1998 Vice Chairman Plummer: Sure. Mr. Rodriguez: If you don't mind. The fact is, Commissioner, that the overtime at the Police Department has gone up, special event overtime, not the overtime that the employees, us, have any control over because of the overtime rate or anything else. That's like court overtime. If you look at court overtime, you'll who realize that, in fact, our police officers right now are getting less court overtime than before because we work together with you and the City and the State Attorney's Office to implement new forms and new methods in the Court, the new DUI procedures and pretrial conferences to reduce court overtime. If overtime has gone up in the Police Department, it's because things like NET overtime ... you all are always talking about how important the NET concept is and the NET offices. NET overtime has gone up. When you can sit here and say that when you went out to the north ... the meeting that you went to. Vice Chairman Plummer: Edge Water. Mr. Rodriguez: Edge Water. And they said that now their concern wasn't prostitution and drug dealers. Well, you know why? That isn't their concern because we've been doing our job. That's why crime has gone down. That's why that's not their concern. So, to sit here and say, well, so, let's not ... let's forget about police now and their overtime. And, by the way, let's not talk about the salary savings that the City has been exercising because we were short of police officers. All the Federal funding that is being ... that is paying for the police officers we're getting now. What about those four million dollars ($4,000,000) of salary savings? Let him tell you. What about that? We never talk about that. The fact is, crime has gone down because of the work that the police officers have done. More with less. If they had to work overtime, which was event overtime, was because we were understaffed at the beginning of this year and the Chief approved a fifth day because it wasn't safe to go out there and do the work that this community deserves. That's the facts. So, let's talk about the facts when we debate about taking from the Police Department. I'd like to go to the other point that Commissioner Teele made. And, Commissioner, with all due respect, I ... most of the time you and I agree. I think you would agree on that. But to say to restructure the Police Department and Fire, to restructure them because they're 75 percent ... I think is the figure, right Dipak, of our budget? Well, the fact, that's not unusual. Commissioner Teele: Tony, I didn't say... Mr. Rodriguez: The fact is, police... Commissioner Teele: But, Tony, you didn't hear what I said. I didn't say restructure. Mr. Rodriguez: Yes, you did. Commissioner Teele: I said, what we need to do is bring in a consultant to look at the structure of the Police Department. Mr. Rodriguez: Why? Why? What is wrong ... if it ain't broken, don't fix it. What's wrong with the Police ... I would submit to all of you, that one of the few things that are working in this city is Fire and Police. That's one of the few places that is actually working in this City. Let's look at restructuring the rest of it and, then, maybe let's look at Police and Fire. And I got to tell you ... and I don't mean to cut you off, Commissioner. I mean ... but, you know what? Commissioner Teele: No, you have the floor. Mr. Rodriguez: And I appreciate that. But, you know what, it's easy to stand here and say Police and Fire 246 July 21, 1998 this, Police and Fire that but, you know what, Police and Fire is working. Fire is working with less people doing more of a job. More cost for service in Dade County, I think, if that's right. Right, Tom? With less people. We're doing more with less. We always like to stand here and say, oh, crime keeps going down year after year. Record breaking three years in a row. Well, where's the saying? You know what man, Police and Fire are doing a good job. Let's not take from them. Let's give them. And I got to tell you, that's why I keep hearing this and I probably should have sat back there and kept my mouth shut. Vice Chairman Plummer: No. Mr. Rodriguez: You know, because I know the game. But the fact is, the public needs to know the truth. Vice Chairman Plummer: OK. What we're fighting today is the millage. We'll fight the other battle on the budget hearing. Mr. Teele. Commissioner Teele: Tony? If I may, Mr. Vice Chairman. I don't ... I mean, Tony is doing a good job of representing his people but I think, you know, the issue that, if it's not broken, don't fix it, is a very appropriate analogy. And the problem is this, Tony. The budget is broken. When I keep talking about a structural deficit problem, the problem is that we ... Tony, the problem is not that the police are doing something wrong or the Fire Department's doing ... don't look at ... the question is the mission. Mr. Rodriguez: The budget. Commissioner Teele: Wait, wait, wait, Tony. The question is the mission. Can we continue to afford a Police Department, Fire Department and City of Miami that has the missions that it has? Because if you look at this budget three or four years ... and I don't want to get into the Oversight Board. That's their role. Tony, we're not going to have enough money unless we raise fees. That's the ... Tony, this is the whole issue. Mr. Rodriguez: That's right. No, no, I agree with you on that. Commissioner Teele: The whole issue is, we're not going to have enough money to pay the Police and pay the Fire that we have today if we don't raise fees. Now... Mr. Rodriguez: You're preaching to the choir. You know I agree with you on that Commissioner Teele: Now, you got at least two Commissioners that have said clearly that they're not going to raise fees. I'm not ... I don't want to speak for Commissioner Gort. I'm not sure what he has said on that. But what I got to tell you this, the last time this thing came up... Commissioner Gort: What did I say? Commissioner Teele: No, no, no. I said, I'm not going to speak for you. I don't know where you are on raising the fees. But this entire budget is predicated on fees being raised in the out years. Now, look, if we're not going to raise the fees, then we're going to have to cut and we need to begin right now a process of some type of orderly plan before we start hiring people in terms what we're going to do. I happen to believe that all of the departments need a mission or what is called in the military, a role and scope or a mission statement. We've got NET offices doing every ... we've got NET offices holding sewing classes and loan programs. We've got ... you know, we've got all kinds of things going on all over this City. I don't thing we can continue to do that. 247 July 21, 1998 Mr. Rodriguez: But we have a mission statement. That's my point. Why say ... see, that's a good point. And you know I agree with you on fees. Commissioner Teele: But, Tony, 75 percent... Mr. Rodriguez: But we have a mission statement. Commissioner Teele: Seventy-five percent ... let me tell you something. We can cut every department in ... if we ... let's leave out Fire and Police for a minute. We can cut every department by fifteen percent right now and, you know what... Mr. Rodriguez: I would... Commissioner Teele: We'd only be dealing with the edges. To do anything in this department ... to do anything from a budget point of view. If you represent 75 percent ... it's not picking on you. But if the Fire and Police represent 75 percent, it's common sense that the only way you're going to be able to deal with a plan of what the City is going to be doing over next five years is, you've got to look at Police and Fire, first and foremost. Mr. Rodriguez: I would suggest to you, Commissioner, with all due respect, that we have a fundamental difference in that. I would say that, even putting aside Fire and Police, you cannot cut anymore in this City. You are at bare minimum right now. I would say that you look at the other... Commissioner Teele: Tony, if we don't have the money, what are we going to do? Mr. Rodriguez: Because you need to look at the other side. Number one is, run it better. If you remember, I stood here two weeks ago or two meetings ago and I talked about infrastructure within the City of Miami, which was his job, the new City Manager's job, correct? I talked about that. Commissioner Teele: Tony, I spent 20 minutes talking about revenue. Mr. Rodriguez: I know you did, right. Commissioner Teele: Revenue. Mr. Rodriguez: That's the key. Commissioner Teele: I'm trying to raise revenue. Mr. Rodriguez: That's the key. Commissioner Teele: I'm raising ... I'm willing to vote for additional fees. Mr. Rodriguez: I know., we agree on that. I know. Commissioner Teele: But the problem is this, if we don't have the will to do that, we have to have a plan and all that I'm saying is that we need to engage someone to give us what a plan would look like because we can't keep playing chicken going to the edge. We're playing chicken every year with this thing. And.A mean, I really do believe that, you know, the Commission is not enthusiastic about supporting this millage. 248 July 21, 1998 Vice Chairman Plummer: I'll give you the right. Commissioner Teele: Huh? Vice Chairman Plummer: No. I'm sorry. Mr... Commissioner Teele: In any event, Tony Mr. Rodriguez: I agree with you with revenue. Commissioner Teele: ...we agree on a lot of this. It is ... I don't think Commissioner Plummer, nor myself are picking on Police and Fire. We both ... I don't know of anyone more supportive of Police and Fire than Commissioner Plummer, historically, over the period of time but I think we all have a responsibility to try to keep the entire City afloat and one of the problems that we've got is, we don't have anymore money coming in. Vice Chairman Plummer: Mr. Warshaw. Mr. Warshaw: That's the first time he's called me Mr. Warshaw. Vice Chairman Plummer: Well, I could say Combo. Mr. Warshaw: Commissioner Teele, let me just say what Tony was pointing out about the Police Department having a mission statement. It was something that was developed by the staff, as well as the rank and file of the department. One of my highest priorities ... and that's the reason I spent the time I have meeting with every one of the department directors, one on one, to develop a mission statement for every department in the City, to ensure that the employees of each of those departments buy into that mission statement so that the infrastructure, that Commissioner Teele is referring to, can begin to see some real change and you've got to have that mission statement and you've got to have employees who understand what the mission is so they can come to work on a daily basis and carry that out. And, unfortunately, we have areas where we don't have the mission clear and that's why you've got people who are going one way and not the other. It's not the employees' fault. It has to do with coming from the top and it has to be a function of management and it's something that I want you to know I'm very committed to. Vice Chairman Plummer: Mr. Gabriel, for the final speaker. Mr. Tom Gabriel: Tom Gabriel, Local 587, Firefighters. I just want to state ... since everybody started speaking for me there for a while, I got the need to get up here and state this. One, I think the Fire Department will hold up to any scrutiny. I think that we have increased our workload with less people and more runs over the time and if you look at the salary that's there, that is basically working overtime, for straight time in a lot of the cases. But, secondly, I want to talk about, when we first came under this financial crisis, you all know we worked together to solve some of this and part of the deal was that you guys were going to raise revenues and cut those expenses and stop forgiving people and stop limiting the income and, to be honest, the first six or eight months you guys did a great job and so, since you've taken a few shots at us or at least we feel that way, let us ... let me take a few shots back. One, just in the last couple of meetings, I've seen you limit to five thousand dollars ($5,000.00) how much a team from ... a professional football team with millions of dollars of salaries, which abandoned this City, which left this town, we gave them a break of five thousand ... to limit it to five thousand dollars ($5,000). Vice Chairman Plummer: On a four to one vote. 249 July 21, 1998 Mr. Gabriel: We gave a developer a forgiveness of a million and a half dollars ($1,500,000). That forgiveness... this guy isn't a poor man, obviously, because when I drive to the MRC (Miami Riverside Center) building and I have to dodge all the construction, I see a 20-story building going up and I bet you, it is for elderly and low income and nobody goes to see them more than the fire fighters you know what that means, that means more service. That means more calls and delivery. He's not building any luxury high rises. Commissioner Teele: On a four to zero vote. Mr. Gabriel: On a four to zero vote. Now, let's talk about the other aspect what he does ... what he did. Now, we're talking a lot about forgiving people or trying to build elderly income houses, single family homes. Well, I hope you guys don't then jump onboard for the twenty-five thousand dollar ($25,000) additional tax exemption for next year so that the house that's going to be appraised at 50,000 pays no taxes to the City. I hope we don't jump on that too. And so, each time that we turn around ... I heard staff today recommend against the guy who would not pay the rent on his boat and guess what, against staff recommendation ... and it's not the staffs fault. You approved it. So, all year long, all year long we're nickel and diming the employees and we're giving things away and some of them are worthy projects and you, can obviously, have other arguments. But... Vice Chairman Plummer: You guys really like that nickel and dime statement, don't you? Mr. Gabriel: That's what we've been paid over the last year. Vice Chairman Plummer: I mean, would you...in today's time, would you at least say fifty cents and a dollar? Mr. Gabriel: No, I can't. Because we're still being paid in 20 year ago wages. And, Dipak, in the Five -Year Plan, which was some creative writing, the part that talked about employee benefits, talked about percentage increases in dollar values over the last 17 years. They used an increase of two point seven million dollars ($2,700,000) increase every year. Well, that sounds like a lot of money but the actual point is that, since 1986, we've ... our rates of ..the salaries have gone up about 21 percent and inflation has gone up over 50 percent. So, we are getting paid nickels and dimes. And so, I want to remind you that I understand the citizens out there are hurt from the taxes and I understand that people have to fight for that and I understand it's a political process but, on the other hand, you can't forgive people for millions of dollars. You can't do those things and then expect the employees to say, do with less time and time again. Vice Chairman Plummer: Thank you. Call the roll on Item 29. [NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL] Commissioner Gort: I want to answer a few things but I'll leave it for some other time. Yes, because... Commissioner Gort: Let me tell you something. Vice Chairman Plummer: Oh, no. Commissioner Gort: It's a lot easier where you stand and where we stand and every time we do ... change a rating, increase a rating, I'd like to. -for you guys to come over to my office, sit in my office and take all the 250 July 21, 1998 phone calls and the one thing we have to be very careful is, we all want to keep the City of Miami and if we keep pushing, we might not have a city. If you take a vote right now, we will not have a city like we did the last time. So, this is why we have to sit here and take certain decisions and I think you're right, that certain things we have to be very practical but there's other things thaT we have to be very political because, unfortunately, there's people out there that go out and they're the one to vote and they ... and let tell you, Tom, if they were to have an election today, we would not have a city. So that's why we have to be very careful. Commissioner Teele: Mr. Vice Chair, Mr. Mayor. Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I want to just make one observation because I think someone just made it. I'm not sure. And I commend the Union for speaking forward. But sort of an issue that blew past everybody. Probably the most important issue that this City is going to face and I, particularly, appeal to my colleagues that like to be on radio and those that are on radio. Somebody needs to do an economic analysis of what this fifty thousand dollar ($50,000) homestead thing would do. Because I'm going to tell you something, if you want to eliminate the City of Miami, the best way to do it is to pass that. Because the economic impact of the, of that so-called referendum, of that so-called Constitutional Amendment has got to be more like 25, 30 percent of the general ... of the existing millage rate. Vice Chairman Plummer: With a 10 mill cap, it's got to almost kill every city in the State of Florida. Commissioner Teele: Yeah. But see, the problem is this. Only one city in the State of Florida is at the 10 mill cap. See, the way you get around that, of course, is, you just increase the millage rate. So ... and do the burden. We don't have a choice. I mean, we're ... we have no room. You've got cities that are at four and five mills. What's Coral Gable's millage rate now? Vice Chairman Plummer: Just over five. Commissioner Teele: You know. So ... and Sweet water is down around three and a half or somewhere like that. Vice Chairman Plummer: Well, but ... you know, Teele, when you say that, you know, you have to go a step further. You know, and I love Coral Gables. And my friend ... my closest friend is Jack Heaves and, yes, in fact, their millage is five but they have a garbage fee of almost five hundred dollars ($500) a year. We don't have it. Commissioner Teele: I'm not disputing that. The only thing... Vice Chairman Plummer: So I'm saying is, the reason they have a low millage is because they've got it out in these other fees and the major problem is the average home in the City of Miami seventy-two thousand and I think the average home in the City of Coral Gables is hundred and seventy-six thousand. Commissioner Teele: I'm certainly not disputing that but I think the Manager and the Mayor would be well-advised to get a very clear memo out to the Commission as to what the real ... don't over state it. I mean, let's be very, very conservative ... as to what the economic impact of that ordinance ... of that constitutional change would be on the City of Miami. Because I think it's going to be dramatic. Vice Chairman Plummer: I'll make it easy for you because I'll provide you with the paper to write on. It's 251 July 21, 1998 called a death certificate. And that's no joke. If you have ... you know, they had to go and change state statutes when they found out that there were homes in the State of Florida on 25,000 that paid no taxes at all. Mr. Parekh: Up north. Vice Chairman Plummer: OK. Now, you can imagine if they go to 50, what the impact of that is going to be. All right. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 98-791 A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND CITY' S TENTATIVE BUDGET FOR SAID FISCAL YEAR. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 252 July 21, 1998 69. MAYOR CAROLLO REQUESTS CITY COMMISSIONERS TO PROVIDE THEIR RULES AND PROCEDURES FOR RATIFICATION OR REJECTION OF THE MAYOR'S APPOINTEE AS CITY MANAGER —SEE LABELS 16, 41, 88. Vice Chairman Plummer: Mr. Regalado, you have a pocket item. Commissioner Regalado: I have a pocket item here, directing... Vice Chairman Plummer: Hold on, hold on. Mr. Mayor? Mayor Carollo: I do have something that I'd like to bring up before we get into many of these other enchanting pocket items. Vice Chairman Plummer: Proceed. Mayor Carollo: And this has to do with getting some guidance from this body on what are we going to be using as ground rules as to the things that this Commission will look upon as not being acceptable from a nominee that this Mayor or any future Mayor in the City's history will bring to this Commission. We have talked a lot, since I've been back here, on rules and procedures. Vice Chairman Plummer: Excuse me. Mr. Mayor? Mayor Carollo: Yes. Vice Chairman Plummer: Is that a nominee for Manager? Mayor Carollo: That's right. We've talked a lot about rules and procedures. We've talked about how it's done when the president sends a nominee for a certain position to the Senate, to Congress for approval, but I want to know what guidelines am I working on? If I present to this body a person, as the Charter states that I get to do, that this is the individual that I want to name as a permanent City Manager, I want to know if we're going to have ground rules that you will not approve that nomination? If, for instance, there's something... like the following "x" in the person's background or for this cost or that cost. I want to be able to know that I'm not going to be getting into a position or that no future Mayor would that nominates someone, as the Charter states the Mayor does, and then maybe there's a Commissioner that doesn't want to vote for that individual because he doesn't like the way he parts his hair, he doesn't like the color of his eyes, he don't like the ethnic background he's with or the racial background or something rather. I need to know, before I bring the permanent name up here, what rules and procedures we're all going to be working on so that I do not embarrass anyone by bringing the name up here, so that this City doesn't go through anymore suffering, as far as this particular area, now or in the future. Commissioner Gort: Mr. Mayor? Mayor Carollo: Yes. Commissioner Gort: I speak for myself. I think that you or any Mayor will bring anyone here will make sure that individual is a professional manager, who's had past experience in management of any other place. So, I think the only rules that we would look at is the professionalism of the individual, the experience of the individual and I'm sure neither you or any other Mayors here would bring someone who would bring 253 July 21, 1998 embarrassment to us or to yourself. Mayor Carollo: I... Commissioner Gort: I don't think that's ... I think what we've been discussing in the past, Mr. Mayor, is we ... there's a lot of changes that need to be done. We have a new system of government implemented and we, with you, and all of us are working to make the changes necessary to make it perfect. Mayor Carollo: And not... Commissioner Gort: As close as possible. Mayor Carollo: And I appreciate that very much, Commissioner. But what I need to know is either that this Mayor and future Mayors are going to have ... and we're going to set that ground rule ... that confidence or we're going to lay out a list of things that are the only reasons why this Commission would not approve a nomination by a Mayor. Commissioner Teele. Commissioner Teele: Well, Mr. Mayor, I think your concern is a fair concern, legitimate concern. I think the Commission should not put itself in a role of limiting its powers or limiting its scope of inquiry, much like any other confirmation or advice and consent process. I think each of the five Commissioners will have their own point of inquiry. I was offended, to be very candid with you, that the previous Manager process were, in both cases ... I've made the statement the first time I was here. I will not be a rubber stamp related to Al Ruder. That was the reference that I said there needs to be a record established of what his views are and what his opinions are. And then, as it related to Jose Garcia Pedrosa, I questioned him intently regarding his reputation on Miami Beach, the problems that he had with the unions. I asked him to explain his lack of relationships with the unions on Miami Beach and whether or not we could expect a good relationship and I think, you know, the people here will... and the record will speak to that. Unfortunately, in that particular case, the unions were not satisfied even after that line of inquiry. So, I'm going to be very, very clear that any Manager that is submitted is going to have to demonstrate a willingness to work with the work force and the unions, especially. I am also similarly concerned about Affirmative Action and Equal Opportunity. I specifically questioned the previous Manager on his commitment to Affirmative Action and Equal Opportunity, both as it relates to women and as it relates to African Americans and Hispanics and I got to tell you, you know ... I think, for the first time in the history of Miami, there was not an African American in a prominent role beyond the department director in the ... for the last year and I've expressed that publicly. I expressed it privately. In fact, the whole position of Special Assistant to the Manager was created in the aftermath of the Oversight Board process to create an opportunity for Affirmative Action. Mayor Carollo: And, if I may, Commissioner, add to what you're saying. There was no African American or Anglo in any position in the City Manager's Office before. Commissioner Teele: And I intend to inquire of the next Manager, not only how we're going to deal with Affirmative Action in that office but how we're going to deal with it particularly in the Police Department and the Fire Departments, which, again represents 75 percent of this City and represents 75 percent of the personnel opportunities. And, finally, I think there's just been a historic abridging of the fundamental rights of the people of the district that I represent. As we've demonstrated, there's not one park, first class park, in Little Haiti. And I don't think, you know, that the City can do everything. We've got to go to the legislature to work on that. There's not one hot meal ... we've got this meal on wheel ... this Summer Meals Program going on. I don't know that there is one hot meal being served in the Haitian community. I mean, you know, that's a reflection on me as the Commissioner. But, again, it's a function of the Manager and the management process in failure to deal with that and I have full confidence in Mr. Ruder and I don't mean to 254 July 21, 1998 reflect... because this is bigger than Mr. Ruder. I mean, the fact that you don't have a park, you don't have the way to deliver that resource. And there is a rising amount of tension, according to Anita Bock, between Morningside Park residents. And Anita Bock has expressed her concern ... and the use of people coming from Little Haiti using some of the parks on the other side. So, we need to address some of these structure problems. Those are the kinds of issues that I'm going to be asking the Manager. And then, finally, I think the issue that the entire Commission is worried about is having a Manager that understands the new form of government and while I view that the Manager works principally with the Mayor in formulating the budget and the budget matters that the Manager has a dual responsibility of working with the Manager... with the Mayor and the Commission and I think it's important that the Commissioners set forth the fact that we expect the Manager to work with the Mayor and the Commission. And this is a ... not a one or the other kind of thing. And there's going to be a tremendous tendency for the Manager to play the Commission off against the Mayor and the Commission off against the Commission, as, you know, all Managers have done in the past. And I think we need to be very clear that, you know, we want to have a warm working relationship with the Mayor. Mr. Mayor, I want you to know that there's not a day that goes by, including today ... and I'm sure you're your aid will tell you ... that I don't inquire as to whether or not your office has been consulted on certain things. Mayor Carollo: And I appreciate that. Commissioner Teele: Because the issue here is that we need to have a cooperative and working relationship. Mayor Carollo: That's very correct. Commissioner Teele: And it doesn't have to be one or the other. Mayor Carollo: You're very correct. Commissioner Teele: We have a role and the Mayor's office has a role and we need to have a Manager that understands that, that difference in the role. I would be hard pressed to support a Manager that comes out of a government right now that is a Commission ... a form of government where the Commission doesn't matter, where you have a, say, an executive mayor, strong Mayor. I would the not want to see a Manager come here, say, from a city like Washington, D.C. or Philadelphia where you have a strong Mayor as opposed to an executive Mayor because they're going to have a certain bias. Those are the areas that I'm going to be concerned about. Everyone can speak for themselves and I think your query is a very fair query. Mayor Carollo: Art, I don't think you've said anything that I don't find as valid. I think you've touched upon points that are very valid but what I am trying to avoid for now and in the future is the kind of games that you and everyone here knows can and have happened. I don't want to get into a situation that the person that this Mayor or any Mayor 50 years from now has to name, it has to be because we're naming someone for what is politically expedient because he might be of one ethnic group or one racial group or, you know, he's got this kind of hair or whatever the case is. I want to be able to establish guidelines that, if these are your key areas and each member puts down their key concerns, that we combine that into what this Commission will approve as being the guidelines that you will reject a Manager based solely on these reasons, if there's something that comes up there. Commissioner Teele: But, I think ... you know, like in any other conformation, the Manager designated is going to probably wind up being rejected or accepted based upon their testimony or their presentation. Mayor Carollo: True. 255 July 21, 1998 Commissioner Teele: I mean, if they come up here and act like, well, you know, this is a slam dunk. Mayor Carollo: That's true. Commissioner Teele: What are you guys all here for? I've got the job. I think you're probably going to see five Commissioners saying... Vice Chairman Plummer: Well, also, I think that that, as a Commissioner in the purview of the authority which we have, is the only time that we really can put a person on the record and hold them to it in the future. I would... Mayor Carollo: No, the City Attorney and the City Clerk. Vice Chairman Plummer: Well, that's also the case but we're not talking... you're speaking only, as I understand it right now, to the Manager. Mayor Carollo: That's correct. Vice Chairman Plummer: OK. And, as far as I'm concerned, I want to tell you, Mr. Mayor, any person that you would ... you or anyone else would make a recommendation to the Commission, I think it is our duty to talk with that person in the public record to understand what his views are, what his thoughts are, and what his intentions are and his programs and plans. I think we need to do that because the public needs to know what kind of a person we're choosing and that we can hold that person accountable that they said yes, I was going to do this and no, I wasn't going to do that, and we can hold them to that. So, I think that's very, very important a process that is a must. Mayor Carollo: Commissioner, this is what I am saying. All that all of you have said so far, I think is very valid. I have no problems with it. I just want to have some guidelines as to what are we going to use so that we could have some rules and procedures. What are we going to use, as rules and procedures, as to what are the things that this Commission will use as the reasons for not approving anyone now and for future Mayors into the future? Vice Chairman Plummer: I think you have to go a step further. I think you have to use terminology, accept or reject. Mayor Carollo: Accept or reject. What are the things that this Commission will reject a nominee for? I think we need to establish that. Vice Chairman Plummer: Oh, I have no problem with that. Mayor Carollo: If not ... I mean, this becomes a turkey shoot and you've been in one of those a few years ago and it's not fun and it's not right. 256 July 21, 1998 70. RATIFY APPOINTMENT OF DONALD WARSHAW AS ACTING CITY MANAGER FOR FIFTY DAYS. Vice Chairman Plummer: OK. Mr. Mayor, do you have anything else? Can we go into the pocket items? Mayor Carollo: I do. If the City Attorney ... if he can read a resolution, if one of you would care to make it and second it, to extend ... and I think that you all understand that we need to extend that for obvious reasons. If you want, I'll be happy to get into it here ... the term of the Acting City Manager, so that we could do this the right way and make a permanent nomination and confirmation. Commissioner Teele: What is this, on City Clerk? Mr. Maxwell: City Manager. Mayor Carollo: On the City Manager. Mr. Vilarello: It's resolution ratifying, approving and confirming Mayor Joe Carollo's appointment of Donald Warshaw as Acting City Manager for the City of Miami, Florida for a period of an additional 50 days. That gets us to the next ... the day after the next Commission meeting. Vice Chairman Plummer: I'll not question why but I will say to the Mayor: Mr. Mayor, I think it is unfair to Mr. Warshaw to ask him to do both jobs. Commissioner Teele: I agree. Vice Chairman Plummer: Now, he does either job very well but, you know ... just to give you an example, I have a problem when I try to reach him. I don't know which office to call. Whether I'm going to find him at the police station or whether I'm going to find him at the MRC building or I'm going to find him out doing a Manager's job or outdoing a Police Chiefs job. Mr. Mayor, I will happily move this thing. Commissioner Teele: Second. Vice Chairman Plummer: But, I think, in interest of Mr. Warshaw, I think that this should be the end and, hopefully, by that time you will make your decision so that we can make our decision and, in all fairness, it's Just ... it's a tremendous burden to ask of one individual. So, I move the motion. Commissioner Teele: I second it. Mr. Mayor, I would hope that you ... there won't be another extension of this appointment. I think there are a lot of other issues associated with this. I think we may be defacto creating a dual office holding situation. I don't know if the attorney has discussed it with you but, defacto, I think we're getting very close to that. Mayor Carollo: We've discussed it. I don't think we've gotten to that point yet, but I understand what you're saying Commissioner, and... Vice Chairman Plummer: OK. There is a motion on the floor. All in favor, say "aye." Any opposition? The Commission (Collectively): AYE. 257 July 21, 1998 (Show unanimous ballot). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-792 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING MAYOR JOE CAROLLO' S APPOINTMENT OF DONALD H. WARSHAW AS ACTING CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, FOR A PERIOD OF FIFTY (50) DAYS. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 71. RESCIND RESOLUTION 98-360 AND RESOLUTION 98-361 — SET FORTH AND AUTHORIZE SALARY / BENEFITS / SEVERANCE PAY TO BE RECEIVED BY CITY ATTORNEY: ALEJANDRO VILARELLO. Commissioner Teele: On the issue, I would also move the resolution relating to City Attorney. Commissioner Regalado: Second. Vice Chairman Plummer: Read into the record, please, the resolution. You shouldn't read it. I will. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO PUBLIC RECORD.] Vice Chairman Plummer: Basically, for the record, since this is coming up as a pocket item, tell, on the record, what is the difference. Mr. Vilarello: The Oversight Board reviewed the two resolutions that this City Commission had passed and raised various objections. One in the severance package. There was a removal of the severance package and a deletion of the expense allowance and deferred compensation. Those last two items were moved out of the expense allowance and deferred compensation into the salary side. Vice Chairman Plummer: Thank you, sir. Mr. Vilarello: Other than that, it's about the same. 258 July 21, 1998 Vice Chairman Plummer: Mr. Regalado. Mr. Vilarello: It is effective April 15th. There's a typographical error in the resolution. Vice Chairman Plummer: All right, sir. Mr. Regalado, you have pocket items. Let's go. Commissioner Regalado: I have pocket item. It's an appointment for the Code Enforcement... Vice Chairman Plummer: We vote ... did we not vote on the City Attorney? All right. That's a resolution or an ordinance? Mr. Vilarello: A resolution. Vice Chairman Plummer: All in favor of the City Attorney's resolution, say "aye." Opposition? The Commission (Collectively): Aye. (Show it unanimous). The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-793 A RESOLUTION, WITH ATTACHMENT(S), RESCINDING, IN THEIR ENTIRETY, RESOLUTION NO. 98-360 AND RESOLUTION NO. 98-361; FURTHER SETTING FORTH AND AUTHORIZING THE SALARY, BENEFITS AND SEVERANCE PAY TO BE RECEIVED BY CITY ATTORNEY ALEJANDRO VILARELLO. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 259 July 21, 1998 72. APPOINT ELADIO ARMESTO AS ALTERNATE MEMBER OF CODE ENFORCEMENT BOARD. Vice Chairman Plummer: Mr. Regalado, your pocket item. Commissioner Regalado: Yes. An appointment for the Code Enforcement Board. It's an at large... Vice Chairman Plummer: All right, sir. Commissioner Regalado: ...appointment. Mr. Eladio Armesto Garcia. Vice Chairman Plummer: Is there a second? Commissioner Teele: Second. Vice Chairman Plummer: Seconded. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. (Show a unanimous ballot). The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 98-794 A RESOLUTION APPOINTING AN INDIVIDUAL AS AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT 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: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 260 July 21, 1998 73. DISCUSS PROPOSED CHANGES TO ZONING ORDINANCE IN REFERENCE TO FLOWER VENDORS — REFER TO CITY MANAGER IN ORDER TO BEGIN PROCESS. Vice Chairman Plummer: Is that ... you had another one in reference to a... Commissioner Regalado: Yes. Vice Chairman Plummer: Peddlers? Commissioner Regalado: It's a ... the City Attorney advised that I should only bring this to the Administration and start the process. That's the way to do it, so... Vice Chairman Plummer: That's the flower vendor ordinance? Commissioner Regalado: Yes, sir. 74. AUTHORIZE INCREASING BY $125,000 PROFESSIONAL SERVICES CONTRACT WITH THADDEUS COHEN ARCHITECTS, PA — FOR PLANNING / DESIGN / CONSTRUCTION ADMINISTRATION SERVICES — FOR CONSTRUCTION OF COMMUNITY BUILDING AT CHARLES HADLEY PARK — ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAMS PROJECT 331391 — FURTHER AUTHORIZING MANAGER TO PROCURE SERVICES OF PROFESSIONAL CONSTRUCTION MANAGER. Vice Chairman Plummer: OK. Mr. Teele, you have a pocket items? Commissioner Teele: Mr. Vice Chairman, this item has been conferred with and concurred with by the Parks Department and the Manager. It's a resolution authorizing an increase by the amount ... not to exceed a hundred and twenty-five dollars ($125.00) in the Professional Services contract dated September, 1995, between the City and Mr. Thaddeus Cohen relating to the Charles Hadley Park. It involves the ... hundred and twenty-five thousand ... it involves the Capital Improvement Program of a bond issue that was approved some four years ago and the add -on money from the Safe Neighborhoods Bond and it is essential that this project move forward and the City Attorney's Office has concurred. I would so move. Vice Chairman Plummer: All right. The Chair seconds the motion. All in favor, say "aye." The Commission (Collectively): Aye. 261 July 21, 1998 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-795 A RESOLUTION AUTHORIZING AN INCREASE IN FEES, IN AN AMOUNT NOT TO EXCEED $125,000.00, IN THE PROFESSIONAL SERVICES CONTRACT DATED SEPTEMBER 20, 1995, BETWEEN THE CITY OF MIAMI AND THADDEUS COHEN ARCHITECTS, P.A., TO PROVIDE PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF A COMMUNITY BUILDING AT CHARLES HADLEY PARK ("PROJECT"), THEREBY INCREASING THE TOTAL AMOUNT OF SAID FEES TO AN AMOUNT NOT TO EXCEED $190,000.00, SAID INCREASE TO BE PAID FROM FUNDS APPROPRIATED IN CAPITAL IMPROVEMENT PROGRAMS, PROJECT NO. 331391; AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONDUCT A COMPETITIVE SELECTION PROCESS WITHIN NINETY (90) DAYS TO PROCURE THE SERVICES OF A PROFESSIONAL CONSTRUCTION MANAGER WHO SHALL GUARANTEE AND CONSTRUCT THE PROJECT FOR THE AVAILABLE BUDGET; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SELECTED CONSTRUCTION MANAGER FOR A FEE BASED UPON SERVICES TO BE RENDERED, FOR THE CITY COMMISSION APPROVAL AT THE NEXT AVAILABLE CITY COMMISSION MEETING AFTER SAID SELECTION PROCESS IS COMPLETED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 262 July 21, 1998 75. DESIGNATE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO DEVELOP PLAN FOR KNIGHT MANOR PROJECT IN COMPLIANCE WITH HUD (HOUSING AND URBAN DEVELOPMENT) AGREEMENT. Vice Chairman Plummer: All right. Mr. Teele... Commissioner Teele: I would also move Item ... which is entitled 25F, although it's not 25F... in relating to the Knight Manor Project as it relates to the corrective action required by the HUD project, designating also the CRA to develop a plan for the project in compliance with the HUD agreement and we'll be working closely with the Urban League and the Department on this matter. I would so move. Vice Chairman Plummer: Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: All right. Any further discussion? All in favor, say "aye." All opposed? The Commission (Collectively): Aye. (Show it unanimous). The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-796 A RESOLUTION DESIGNATING THE COMMUNITY REDEVELOPMENT AGENCY TO DEVELOP A HOUSING PLAN WITHIN FOUR (4) MONTHS FOR THE PROJECT KNOWN AS NORTHWESTERN ESTATES (A/K/A KNIGHT MANOR), TO INCLUDE, INTER ALIA, IDENTIFYING A NEW DEVELOPER FOR SUCH PLAN, FOR APPROVAL BY THE CITY COMMISSION, SHOULD THE CURRENT DEVELOPER FAIL TO COMPLY WITH THE PROVISIONS SET FORTH IN RESOLUTION NO. 98-585 WITHIN THE TIME FRAME SPECIFIED THEREIN. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 263 July 21, 1998 76. EMERGENCY ORDINANCE AMENDING CHAPTER 14 OF CODE ENTITLED DOWNTOWN DEVELOPMENT AUTHORITY — FOR QUALIFICATIONS AND TERMS OF OFFICE OF BOARD OF DIRECTORS MEMBERS. Vice Chairman Plummer: All right, gentlemen. I have quite a few pockets. Commissioner Gort: Excuse me. Can I have... Vice Chairman Plummer: And I'm sorry to do that to you but I have to. Commissioner Teele: What about Commissioner Gort? Commissioner Gort: Can I have one? Vice Chairman Plummer: You have one? Commissioner Gort: Yes, sir. Vice Chairman Plummer: You didn't give it to me to be recognized and, since you didn't, I'm not going to recognize you except for one pocket item. Commissioner Gort: It was placed on there for you. This is the ... if you all recall, we had staggered terms within the City of Miami. I mean, with the DDA Board. And, in order to have the elections to stagger the way it was done, we selected already the board members that are going to be one-year term, three-year terms and four-year terms. I mean, three, two and one. The reason being, so we wouldn't have more than eight people running at the same time. For that reason, we had to make some amendments and we have a resolution in front of you. It was passed to you. Vice Chairman Plummer: Read it. [AT THIS POINT, COMMISSIONER GORT READ THE RESOLUTION INTO THE PUBLIC RECORD.] Commissioner Teele: Second the motion. Mr. Vilarello: Commissioner... Vice Chairman Plummer: Mr. City Attorney. Mr. Vilarello: I believe that's the resolution of the board. Do you want an emergency ordinance? Did you want this considered as an emergency ordinance? Commissioner Gort: Right. Vice Chairman Plummer: That makes two readings. There is ... is it an ordinance? Mr. Vilarello: If I may ... it is an ordinance. 264 July 21, 1998 Vice Chairman Plummer: He read the ordinance. Mr. Vilarello: I think you ... did you read a resolution? Vice Chairman Plummer: Did you not read the ordinance? Mr. Vilarello: I think he read the resolution of the DDA. Commissioner Gort: I read the ordinance. He's got... Vice Chairman Plummer: Read the ordinance. Vice Chairman Plummer: It's an emergency ordinance. Two roll calls, Mr. Clerk. An Ordinance Entitled - AN EMERGENCY ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED DOWNTOWN DEVELOPMENT AUTHORITY, MORE PARTICULARLY BY AMENDING SECTIONS 14-52 AND 14-53 PERTAINING TO QUALIFICATIONS AND TERMS OF OFFICE OF MEMBERS OF THE BOARD OF DIRECTORS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort and seconded by Commissioner Teele, 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 Arthur E. Teele, Jr. Vice Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 265 July 21, 1998 Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11692. 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. 77. APPROVE DONATION OF CARINS THERMAL INFRA -RED IMAGING SYSTEMS (IRIS) UNITS FROM HOOK & LADDER FOUNDATION — FOR FIRE -RESCUE. Vice Chairman Plummer: OK. Mr. Gort, any others? Commissioner Gort: That's it. Vice Chairman Plummer: All right. I have quite a few and I guess we're loaded because it's seven weeks before we meet again, hopefully. I brought to the attention of the Commission that they now have a thing ... a very expensive item for the Fire Department in which it is a helmet that can see through smoke. In conjunction with the Fire Chief, he would like to have the resolution following that would give corporate sponsors the ability to buy a twenty-five thousand dollar ($25,000) unit and their name would be on the side of the fire truck as sponsors for a one-year period after ... a five-year period after the purchase of said unit. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD.] Vice Chairman Plummer: I don't even have... Commissioner Teele: I would second. Vice Chairman Plummer: Thank you, sir. Commissioner Teele: I would second the motion. This technology ...is this IRIS (Infra -Red Imaging Systems)? Mr. Gimenez (Fire Chief): Yes, it is, sir. Vice Chairman Plummer: Yes, sir. Commissioner Gort: Can we look at it? 266 July 21, 1998 Mr. Gimenez: Can you look at it? We have —sure, we can make a... Commissioner Gort: We create smoke and go through it. Vice Chairman Plummer: Oh, come on. Knock it off, would you? You second the motion? Commissioner Gort: Yes. Vice Chairman Plummer: All right. All in favor, say "aye." All right. The Commission (Collectively): Aye. (Unanimous). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-797 A RESOLUTION ACCEPTING THE DONATION OF AT LEAST THIRTY SIX (36) CAIRNS THERMAL INFRA -RED IMAGING SYSTEMS (IRIS) UNITS, WITH A TOTAL ESTIMATED VALUE OF $30,000.00 EACH, FROM THE HOOK & LADDER FOUNDATION; SAID CAIRNS IRIS UNITS WILL BE USED BY THE MIAMI FIRE - RESCUE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID CAIRNS IRIS UNITS. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Tomas Regalado 267 July 21, 1998 78. APPROVE AUTHORIZING CITY MANAGER TO INCREASE CONTRACT WITH HORIZON CONTRACTORS — FOR REPAIRS TO SOUTH SERVICE ROAD IN BAYFRONT PARK — ALLOCATE $18,000 FROM BAYFRONT PARK CAPITAL IMPROVEMENTS PROJECT 331401. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD.] Vice Chairman Plummer: I so move. Commissioner Teele: Second. Vice Chairman Plummer: Is there any discussion? All in favor, say "aye." Opposed? The Commission (Collectively): Aye. (Subject is unanimous). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-798 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE CONTRACT WITH HORIZON CONTRACTORS, IN AN AMOUNT NOT TO EXCEED $18,000, FOR REPAIRS TO THE SOUTH SERVICE ROAD IN THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK (BAYFRONT PARK); ALLOCATING FUNDS THEREFOR FROM THE BAYFRONT PARK CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 331401. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Tomas Regalado. 268 July 21, 1998 79. ACCEPT PLAT: BRICKELL WEST. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD.] Vice Chairman Plummer: I so move. Commissioner Teele: Second. Vice Chairman Plummer: And what it is for, the Publix on 13th Street, that is absolutely gone bonkers in business and they need additional parking. All in favor, say "aye." No opposition. The Commission (Collectively): Aye. (Show unanimous). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-799 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED BRICKELL WEST, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Commissioner Tomas Regalado. 269 July 21, 1998 80. FIRST READING ORDINANCE AMENDING CHAPTER 4 OF CODE ENTITLED ALCOHOLIC BEVERAGES — ADD SECTION 4-14 ENTITLED COCONUT GROVE CENTRAL COMMERCIAL DISTRICT SD-2 LIMITING REQUIREMENTS FOR ALCOHOLIC BEVERAGES LICENSES WITHIN DISTRICT. Vice Chairman Plummer: On first reading ... this has been run by the Planning Department. [AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: I so move on first reading. Commissioner Teele: Wait, wait, wait. What was that again? Vice Chairman Plummer: This is to allow, in the Coconut Grove Business District 540CP Licenses with the requirements ... all but required by distances from church and schools. Commissioner Teele: This is a regular reading, right? Vice Chairman Plummer: This is first reading, yes, sir. I so move. Commissioner Gort: Second. Vice Chairman Plummer: All in favor ... read the ... roll call. An Ordinance Entitled - AN ORDINANCE AMENDING CHAPTER 4, ENTITLED: "ALCOHOLIC BEVERAGES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW SECTION 4- 14 ENTITLED: "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (SD-2) DISTANCE REQUIREMENTS," TO LIMIT THE NUMBER OF 4 C.O.P. QUOTA ALCOHOLIC BEVERAGE LICENSE LICENSEES WITHIN SAID DISTRICT TO FIVE WITHOUT REGARD TO DISTANCE REQUIREMENTS, PROVIDING THAT SUCH ESTABLISHMENTS, PROVIDING THAT SUCH ESTABLISHMENTS SHALL COMPLY WITH THE REQUIRED DISTANCE REQUIREMENT FROM SCHOOLS AND CHURCHES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 270 July 21, 1998 was introduced by Vice Chairman Plummer, seconded by Commissioner Gort, 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. [NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL] Vice Chairman Plummer: It's first reading. Commissioner Teele: For first reading, yes. But he's waiving the distance of liquor stores to schools. Vice Chairman Plummer: There's a distance presently between liquor stores and other liquor establishments but, when you confine and concentrate, as you do in the Coconut Grove district, that's where it becomes... Commissioner Teele: I realize the district is very Anglican and they ... but you got to be concerned. You got a lot of Baptists over there. Vice Chairman Plummer: Sir, we have as many alcoholics as you do. 81. DIRECT CITY MANAGER TO DRAFT LETTER TO GOVERNOR CHILES PETITIONING TO EXPAND CLEAN UP PROGRAM IN CITY. Vice Chairman Plummer: Now, Mr. City Manager, the other day, when I was down in Commissioner Teele's district, the State division ... I think it's the State road department. I could be corrected. They are having... going through the City of Miami prisoners in cleaning up underneath the expressways and underneath the rapid transit. They said, Commissioner, why don't you petition the Governor? That possibly the Governor would expand that program for a City in need to assist the City by expanding to the Citywide for a period of six months or a period of 90 days, a period of anything to help us out to get this City cleaned up. I think they have some program where, if the prisoners work a day, they get a day off of time served or whatever. But I think, if we were to petition the Governor and ask him, please, to help us, they have the wherewith to do it. They have all the equipment to do it. And I sure think that it should be done, so I would ask you to write such a letter and copy all the Commissioners in. Mr. Warshaw: I will. 271 July 21, 1998 82. DIRECT CITY MANAGER TO INVESTIGATE COMPLAINTS CONCERNING SIDEWALK CAFES IN COCONUT GROVE AND THE RIGHT OF NO -PATRONS TO SIT ON CHAIRS PLACED ON PUBLIC RIGHT-OF-WAYS. Vice Chairman Plummer: My final thing, Mr. Public Works. Mr. Kay, again, my office is receiving complaints in reference to two things in sidewalk, tables and chairs. Number one, the six foot required walk space is being violated. Number two, as much as some might not like it, the law says that anyone ... any citizen has the right to sit at the those tables and chairs, whether they purchase anything or not. I am getting complaints that, on Commodore Plaza, that is not the case. I know that it might disturb some of the merchants when some people who are not buying anything or might be disturbing but, sir, I think you need to go on record again informing them of the law because, if not, they will lose their right. 83. CITY COMMISSION CONGRATULATES MAYOR CAROLLO ON HIS COURT CASE VICTORY. Vice Chairman Plummer: Mr. Carollo... Mr. Mayor, congratulations on your win today or your not win today. You have an item. You did, I'm sorry. This is in reference to Model City. Mayor Carollo: Well, Commissioner, thank you very much. I know that you're sincere in that. But it's the cake that I was told somewhere downstairs toward that end to celebrate the victory or was that a ... for the beginning of a new campaign because it hasn't been brought out yet. I'm confused. 84. AUTHORIZE AND DIRECT CITY MANAGER TO IMPLEMENT SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM — FOR NEW SINGLE FAMILY HOMES — FOR LOW INCOME FAMILIES — LOCATION: VACANT PARCELS BETWEEN NORTHWEST 58 AND 62 STREETS AND NORTHWEST 12 AND 17 AVENUES — ALLOCATE $1,500,000.00 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS — FURTHER INSTRUCTING MANAGER TO MAINTAIN COMMISSION INFORMED ON PROGRESS OF SAID DEVELOPMENT PROJECT — FURTHER DIRECTING MANAGER TO CONDUCT PUBLIC HEARINGS. Vice Chairman Plummer: Well, just sit tight and it might. This is from the City Manager's Office. A request of a resolution authorizing and directing the City Manager to implement a scattered site affordable homeownership development program for the development of new single family homes for low and moderate income families on vacant parcels located more specifically in the area situated between Northwest 58 and 62 Street and Northwest 12th and 17th Avenues, Miami, Florida. Authorizing and directing the City Manager to allocate on an annual basis for five years... Mr. Warshaw: One year. Mr. Vilarello: One year. Vice Chairman Plummer: Excuse me. It says five years. Ms. Warren: Yes, we wanted to read a correction. Mr. Warshaw: One year. Vice Chairman Plummer: One year for an amount of one million five hundred thousand dollars 272 July 21, 1998 ($1,500,000) in Home Investment Partnership Program and/or State Housing Initiatives Partnership Program funds for the acquisition of vacant parcels and the construction of 20 to 25 new single family home ... owner -occupied residential units annually through the program. Now, I so move. Commissioner Teele: Second. Vice Chairman Plummer: Now, under discussion. Mr. Manager, you've not been around when we got into some areas of low income housing before. I would strongly suggest, sir, that any ... that you do, so nobody will come before this Commission again and say, why didn't you tell me. We don't want that in our neighborhood and embarrass the Commission. Inform the Commission. Let us know what is going on. Let us know where these sites are and let this Commission tell you, you're doing the right thing or the wrong thing so there will be no more misunderstanding. All in favor of that I item, say... Commissioner Teele: Commissioner Plummer? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I think this is going to require a lot more refinement. Vice Chairman Plummer: Absolutely. Commissioner Teele: And I agree with everything that Commissioner Plummer is saying. I think we should insert, as we move down the road, that there should be a public hearing. Vice Chairman Plummer: Absolutely. Commissioner Teele: And public notice of all the locations and I, specifically, note that the resolution talks about acquiring lots. That's good for process but I would hope, again, that ... in working with Commissioner Plummer in this scat ... lot clearing. Vice Chairman Plummer: CLUC-90. Commissioner Teele: CLUC-90 and City lots should clearly have the preference. In other words, we should not be buying lots. We should basically clear the title on lots that we already effectively own first. Vice Chairman Plummer: Absolutely. Call the roll. All in favor, say "aye." All right. The Commission (Collectively): Aye. 273 July 21, 1998 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-800 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMPLEMENT A SCATTERED SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM FOR THE DEVELOPMENT OF NEW SINGLE FAMILY HOMES FOR LOW AND MODERATE INCOME FAMILIES ON VACANT PARCELS LOCATED MORE SPECIFICALLY IN THE AREA SITUATED BETWEEN NORTHWEST 58TH AND 62ND STREETS AND NORTHWEST 12TH AND 17TH AVENUES, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE APPROXIMATELY $1,500,000.00 IN HOME INVESTMENT PARTNERSHIP PROGRAM AND/OR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FUNDS FOR THE ACQUISITION OF VACANT PARCELS AND THE CONSTRUCTION OF TWENTY (20) TO TWENTY-FIVE (25) NEW SINGLE FAMILY, OWNER -OCCUPIED RESIDENTIAL UNITS THROUGH THE PROGRAM. (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 Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. Vice Chairman Plummer: Mr. Garcia -Toledo, sir. If you're here to tell us you're running for office, sir, that is not permitted, even though District 107 does encompass this area. This is a non -political Commission and we're very glad to see you as a private citizen here, sir, and that takes care of that item. Mr. Garcia -Toledo: Thank you, sir. Vice Chairman Plummer: Mr. Mayor, I think ... you know, when I went to lunch today, I went to a Chinese restaurant and even though I did not win the Lotto, I have to explain to you that I think I violated my fortune cookie. Keep a cool head when making decisions. There went that Chinese dinner. 274 July 21, 1998 85. (A) DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED EMERGENCY ORDINANCE TO ISSUE PARKING SYSTEM REVENUE BONDS FOR $14,500,000.00) TO MEETING OF SEPTEMBER 8, 1998, AFTER 2 PM. (B) DISCUSS / REAFFIRM OFF-STREET PARKING REVENUE PROJECTIONS CONTAINED IN FIVE YEAR PLAN — FURTHER INSTRUCTING CITY MANAGER TO NEGOTIATE CONSISTENT WITH THOSE NUMBERS. Vice Chairman Plummer: OK. Mr. Mayor, the only item left before our seven week vacation is the item relating to the off-street parking and you asked that to be held until your arrival. Mayor Carollo: And I appreciate it. Vice Chairman Plummer: And that's it. Mayor Carollo: Commissioner, let me explain to all of you some of my concerns on this item. First of all, you have in your Five -Year Plan that we had approved, beginning with this coming fiscal year, two million dollars ($2,000,000) and change and then it increases each year after. The amount that we would get from the Off -Street Parking Authority to the tune of over three million dollars ($3,000,000) in year five. There's no way, in my mind, that we are going to get that kind of money from the Off -Street Parking Authority, if this is approved and we have an authority that is going to be run, managed the way this one has been. And I am sorry that I am being so blunt but, you know, the time has come where you have to be blunt because tomorrow we're facing the fiddler, that's the Oversight Board, and if the Oversight Board sees that we take the action that's being contemplated here today, that's another reason that they will have why we have not presented them a balanced Five -Year Plan. Vice Chairman Plummer: Well, I guess the best way to proceed is ... Mr. Clark ... Mr. Cook, I'll ask you to respond and then I'll open it up to Commissioners. Mr. Clark Cook: I'll be delighted to respond to the comments. First, I would like to state my name as Clark Cook. I'm Executive Director of Miami Parking System. My office is 190 Northeast 3rd Street. Commissioner Gort was appointed by the Mayor some time ago to ask us to look at our indentures and find some way that we could help this City because of the City's difficulty. After a great deal of work and jumping through many hoops and climbing over many hills, we came back with a program and that program is in front of you. It's been mailed to you and it has very clearly stated that we can deliver to the City two million two seventy-five ... and I won't read the figures. You have them in front of you. Therefore, we think that they're very, very good figures. I also sent the Mayor a letter, which I think I was very clear in, in which I clearly stated some of the issues that would occur. If the City takes over Miami Parking System, I truly believe that the expenses would go up significantly and I truly believe that the only amount of money available is around two point three million dollars ($2,300,000). We've looked at those figures and I truly do not believe the City's going to be able to get a great deal of more money out of there without gigantic rate increases. In our own system right here, we've contemplated three hundred thousand dollars ($300,000) worth of rate increases in our meters across the boards. To add another million dollars ($1,000,000) or another two million dollars ($2,000,000) would be unconscionable to the people and it is just not fair to the people. I believe that we have committed to these ... the excess funds would go to the City. It's the first step, we've done this in 43 years because we know this City's in difficulty and we understand the Mayor's position with the Committee. But the fact of life is... and we'll work hard to solve these problems with you but this is money, I think, you can count on. I recommend it to you. I have Mr. Manduca here with me and Elizabeth McBride from Holiday Knight and will be delighted to answer any 275 July 21, 1998 questions. I ask you, as Commissioners, to recognize this Committee has been there 43 years. We were created to have ... keep the price of parking at a reasonable level. We were put there in order to keep politics out of parking and we were put there to make sure there were adequate parking. I think we've met those things very well. And I think to change that today, in a time when the City needs, when we're willing to step forward and help, is a major error in this City's strategy. I encourage the Commission to support this refinancing for fourteen point five. I apologize to the Commission for it being an emergency item. But, as I told Commissioner Teele, when y'all changed your dates, you put me in that position. There was nothing I could do. I apologize for that. But I encourage you to support it and I'll be delighted and our group would be delighted to answer any questions the Mayor has or anyone has. Commissioner Gort: Mr. Vice Chair? Mayor Carollo: Clark ... if I may briefly, Commissioner. Vice Chairman Plummer: Mr. Mayor. Mayor Carollo: Thank you. I, respectfully, Clark, disagree with all the statements that you have made. In fact, the one about increasing all these fees, that's the one now that will be popular, I'm sure. At the same time, the Off -Street Parking Authority is not doing that out of the kindness of your heart, like you're trying to say. You're doing that because you know and the statement was made here that this Authority would be taken over, like this City has a right to, if something different would happen and this City getting revenues from this Authority. At the same time, you show me one major city in the United States that hasn't been benefiting, like we have not, to the tunes of several million dollars a year like we could have from their parking meters and their parking system. I don't know of any. Maybe you do. God bless you if you do but I don't know of any. And if this City would have been in a position to take in several million dollars a year, every year, for the past years, we would have had a heck of a lot more money to have dealt with many of our problems, like we should have. Because these meters are in City of Miami property. These parking garages are in City of Miami property. So, my position —and I know it's late. I don't want to waste much time ... is simply that we can table this until we could find a solution, that somehow you convince me otherwise or I will respectfully say to you and say to my colleagues that, you could certainly override me with four votes of this Commission and I certainly respect that but if this passes, I will veto it because, if not, this is going to be one more nail into our coffin tomorrow by the Oversight Board. Vice Chairman Plummer: OK. Mr. Gort. Commissioner Gort: I was given the task to sit down with the Off -Street Parking and try to work out the best deal we can for the City of Miami. If you look at the documents that were given to us on June 16, compare the projections of the revenue they could give to the City of Miami, compared to July, '98, we made a great improvement from one point ... from 2.195 first year to 2.275 in the ... so on to two and something. I think that can be improved. I think you've done your homework. You can do a lot more than that. At the same time, I've not seen the Mayor's number. My understanding is, two type of different numbers going around. At one time, our Budget Director says the revenue is thirteen million dollars ($13,000,000). In all the years that I've been there, I never saw thirteen million dollars ($13,000,000). So, I have to see those numbers to compare. But, at the same time, when I look at the debt service coverage, you got three point eleven. I think the requirement by NASD is one point five, am I correct, in that? Mr. Cook: You're correct. Commissioner Gort: So you in excess of debt service, so that debt service can be reduced and can give some additional funds to the City of Miami. I think what the Mayor says, we can pass it here tonight and 276 July 21, 1998 he's going the veto it. We don't get back until August. My suggestion is, I'd like to get those numbers that the ... I've not seen the other numbers. I've been ... I used to be a chairperson of that Board way back. I think it's very efficient. I would like to keep it the way it is, Mayor, but, at the same time, I'd like to see the City maximize on this revenue. I think we always stated that from the past. Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele. Can I ask a question real quick, please. Do you yield? Commissioner Teele: Yeah. Vice Chairman Plummer: I merely want to know, is there a tremendous rush to approve this bond this evening? Because, as it stands, without this issue, I've already been told tomorrow the Oversight Board's going to reject what we're doing without another nail in the casket. So, I ask the question, what is the urgency that it must be done tonight? Mr. Cook: May I answer that? Vice Chairman Plummer: Please. Whoever can answer it. Mr. Cook: And I'd like to ask Commissioner Gort ... Mr. Gort a question. First, every month you wait, you wait and interest rates can go up, as you know. Vice Chairman Plummer: And they can go down. Mr. Cook: They won't be going down but they can go up. But let me make a quick statement, Commissioner Gort. Vice Chairman Plummer: Would you answer my question? Mr. Cook: Commissioner, y'all can do anything but you don't have to pass this. You can wait until then. But the longer you... Vice Chairman Plummer: Clark? Mr. Cook: The longer you wait, the less volume of the dollars that you have. Vice Chairman Plummer: I understand that. But my point very simply is, it's tonight as being an emergency item. An emergency item means it's do or die now. Now, what I'm saying to you is, is the fact that we're faced with an Oversight tomorrow and we got a heavy plate to present to them tomorrow. Is there any major catastrophe of waiting until September the 8th? That's my question. Mr. Cook: Commissioner, I... Commissioner Gort: There's none. Mr. Albert Manduca: Mr. Mayor, Commissioners, my name is Al Manduca. I'm Chief Financial Officer of the Miami Parking System. What we're asking you to do today is to allow us to refinance the bonds. Vice Chairman Plummer: Excuse me. Can somebody answer my question? 277 July 21, 1998 Mr. Manduca: I'm heading that way, sir. Vice Chairman Plummer: You're taking a long route. Mr. Manduca: I'm sorry. I'm kind of slow. By doing that, we're going to reduce our debt service by roughly six hundred thousand dollars ($600,000). Now, any action that the Mayor or the Commission want to take later on, you could do it any time but what we're trying to do is get these bonds. While the interest rates are low, take advantage of the situation we have in our hands now. Vice Chairman Plummer: OK. Mr. Teele, I'm sorry that I ... but I thank you for your... Commissioner Teele: Thank you, Mr. Vice Chairman. Let me first of all say that I don't know of many issues that the City is involved in operationally, as it relates to our relationship with Off -Street Parking, that has probably more skirted any oversight, any appropriate oversight than the Off -Street Parking. I think there's a legitimate role for oversight without being politically meddlesome and I think, clearly, in the area of the DDA, where a Commissioner chairs the DDA, in the area of the Miami Sports and Exhibition again, where a Commissioner or the Mayor, in this case, chairs or the CRA... you know, there is a level of oversight that isn't really political. I think the Commission... the City really needs to sit down, working through the Commissioner Gort and the Office of the Mayor and have really again the kind of thing that we were talking about earlier, about a mission statement and a role and scope, if you will, in how we really view the Off -Street Parking. I don't know if you've done that in the last two or three or five years, Mr. Mayor, but I really do think there needs to be ... without an emergency, there needs to be a real understanding on meeting of the minds and there may be issues that we don't agree on. I can tell you this, Mr. Cook, I fundamentally disagree with the statement that you started out with in why it was created, in this regard. Is there anyone here from Holland and Knight, your law firm? Mr. Cook: Yes. Commissioner Teele: Who is that? Ms. Elizabeth McBride: I am. Commissioner Teele: There is an opinion that written by Mr. Freedman, I believe, on this matter within the last two or three, weeks reviewing the ... you remember that? Mr. Cook: Yes. Commissioner Teele: Do you have a copy of that opinion? Mr. Cook: On our existing indentures? Commissioner Teele: Yes. Mr. Cook: I do not have it with me. I do not believe ... you have it, Elizabeth? Commissioner Teele: It's a three -page opinion written by Mr. Robert Freedman. Ms. Elizabeth McBride: I haven't read it. What did it deal with? 278 July 21, 1998 Commissioner Teele: The Off -Street Parking and the mission of Off -Street Parking and the authority of Off -Street Parking. Vice Chairman Plummer: Excuse me. Before you proceed. Ms. McBride: Yes. Vice Chairman Plummer: On the record, your name and mailing address. Ms. McBride: My name is Elizabeth McBride. My address, Holland and Knight, 701 Brickell Avenue, sir. Vice Chairman Plummer: Proceed. Ms. McBride: All right. I have not read that opinion by Mr... Commissioner Teele: OK, that's fine. That's fine. Ms. McBride: But let me ... I can... Commissioner Teele: I don't really ... it's really not material. What I really want to deal with is the mission. I would not be in support of this action today but for the financial emergency. I want you to know that. I don't think Off -Street Parking should be in the business of giving the City of Miami or the City money, necessarily, to support its budget process, as a matter of philosophy. Because I think Off -Street Parking was created consistent with this opinion that talks about a real need for a department or a structure ... in this case, for Off -Street Parking ... to support and provide the City of Miami with the parking infrastructure Citywide, which means, you don't have to make money off the parking. You do not have to make money off the parking infrastructure Citywide and one of the problems with this City, quite frankly, is that Off -Street Parking has done too good of a job as a "private entity" and not good enough in the so-called municipal function that Off -Street Parking should provide. Simply stated, Off -Street Parking doesn't provide any parking, essentially, if you can't figure out how to make money on it. And I've had these conversations with you privately... Mr. Cook: Many times. Commissioner Teele: And, from my point of view, your budget ... in a perfect world, your budget should say, we're making money and here is the general government. Give back to the tax payers, the people who are paying it, the citizens of Miami, in terms of parking infrastructure. Everybody shouldn't have to pay parking and residents of the City of Miami, that live here, should not have to pay parking every time they turn a corner. And, so, that's just a general, fundamental, governmental, you know, mission statement that I don't think we agree on. In a perfect world, I would have liked to have seen, for the last 10 years, Off -Street Parking show me three million dollars ($3,000,000), four million dollars ($4,000,000) a year of parking infrastructure that doesn't necessarily generate revenue. And I don't want to even get into the sensitive issue about what you all did in Overtown. Because the truth of the matter is, you know, you said it to the press, the Herald, the money's spent and there's nothing you can do. Well, the fact of the matter is, there's a whole lot you could do. There's a whole lot you could do. You don't have to get paid every time Off -Street Parking generates parking in the City. You have a basic function of government. Jim Kay doesn't get revenue every time he builds a road or a street or an alleyway, OK? And in the City of Houston, for example, Off -Street Parking is a department of the City, just like Public Works. And, so, my point is simply this. We are in a financial emergency and so, now, I can't say any of the things that I would have loved to have said to you as a trans ... as a person who promotes inner city transportation because that's no 279 July 21, 1998 longer the issue. The issue is now, how can you generate money for us? So, the question becomes to the Budget Director, how much money do we have in our Five -Year Plan, Mr. Dipak, that will be generated by Off -Street Parking or that we're looking at Off -Street Parking to help us out with our budget in pass, in the out years? Mr. Parekh: In the out years, we have a difference in fiscal year 2002 and fiscal year 2003. The variance in 2002 is one million dollars ($1,000,000) approximately and... Commissioner Teele: No, no, no, no. Mr. Parekh: Yes, sir. Commissioner Teele: How much money is our Five -Year Plan estimating that Off -Street Parking will contribute to the solution of our budget problem? Mr. Parekh: Starting '99, two point one eight five million and in 2003, going up to three point two five million. Commissioner Teele: OK. Now ... and this gets, I guess, to the Mayor's point. If we're looking at two point eight million dollars ($2,800,000)... is that next year? Mr. Parekh: Two point one eight five. Commissioner Teele: Two point one eight next year. And we're look at how much the following year. Mr. Parekh: Two point five. Commissioner Teele: Two point five. Does the resolution that is before us get us those numbers? Mr. Parekh: Not entirely, no. Commissioner Teele: OK. So, I think the matter should be deferred, with instructions that the Mayor or with request that Commissioner Gort and the Mayor ... who's our financial advisor on the matter? Who's the City Commission Financial Advisor? See, everybody's... Vice Chairman Plummer: We don't have one. Commissioner Teele: That's the problem. Everybody's got a Financial Advisor but us. The Oversight Board's got ... who is theirs, P... Mr. Parekh: PF... PFM. Mr. Warshaw: PFM. Commissioner Teele: PFM. They're the ones calling all the shots. They've got a Financial Advisor. Off -Street Parking has got a Financial Advisor. Vice Chairman Plummer: We just got a Finance Director today. Commissioner Teele: Well ... I mean, but there's just a fundamental issue here. The only point here is that, I 280 July 21, 1998 have to support the Mayor in this regard. We've got a Five -Year Plan. Mayor Carollo: We got one today? Vice Chairman Plummer: That's the memo I got. Commissioner Teele: We have a Five -Year Plan. Mayor Carollo: I didn't see it. Commissioner Teele: Mr. Mayor, if the Five -Year Plan is one dollar short for next year, I'm not going to support it. I mean, I think you all need ... maybe they don't know what's in our plan. Maybe you and the Mayor need to sit down and deal with it but I think a deferral is extremely appropriate until we clearly meet the Five -Year Plan projections based upon Off -Street Parking. Commissioner Gort: Look. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: There's no sense of going on with this. Vice Chairman Plummer: I'm sorry. Were you finished? Commissioner Gort: I'm sorry. Commissioner Teele. Commissioner Teele: I mean, I ... in effect, I want to support Off -Street Parking. I particularly want to see Off -Street Parking review this opinion letter and understand that you have a mission, other than the things ... the four things that you outlined. You have a mission to provide transportation, a parking infrastructure with the excess revenues. Mr. Cook: Commissioner Teele, and I may be so rude. If I maybe answer Commissioner Teele. We're not as far apart on your mission feeling as you think and you and I have talked about this before. I'm going to clarify one thing that Mr. Depak said. Commissioner Teele: We'd get real close if you pay back the money. Mr. Cook: I know we would but we can't do that. I'd like to get real close with helping you with those parking lots or... but let me clarify something that was said and something the Mayor said. That the first three years, the money that we had projected that we could give ... and, Mr. Gort, I want to be sure that you understand this ... the first three years with a little adjustment of the debt service in the third year, when we pay the debt service back, we can meet those dollars. I mean we meet those dollars in the first three years ... the last two years of your Five -Year Plan ... and, Mr. Mayor, I'll be very candid with you. I didn't see those numbers until yesterday afternoon. I asked Mr. Dipak to give me a rational. I don't understand the rational of where you got them yet but that's besides the point and we're being a little critical of each other on the thing. But I'm going to be very candid with you. I want to help this City. I've been around here for a long time. I have no desire to hurt this City. I do not believe, with my seven years experience and my 40 years in the private ... 34 years in the private sector and 40 years in the business, I know if the City takes over the Miami Off -Street Parking, you're not going to make the numbers that I put there. Commissioner Gort: Mr. Vice Chairman? 281 July 21, 1998 Vice Chairman Plummer: Mr. Gort. Commissioner Gort: Mr. Cook, the Mayor stated, no matter what happens here today, if we approve it, he's going to veto this and it won't come back until September anyway. So we're better off ...let's get together. Let's get all the numbers. Let's sit down. Let's do some further work. Vice Chairman Plummer: The floor is open. Commissioner Gort: I don't think the interest rates are going to change... Vice Chairman Plummer: The floor is open for a motion. Commissioner Gort: ...that much within a month. Commissioner Teele: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: I would like to conclude by giving the attorney an opportunity to say what you wanted to say. I didn't want to be interrupted on my train of thought. But, ma'am, I didn't want to cut you off completely. I do want you to have that opportunity to say what you wanted to say. Ms. McBride: Well, I was just here in the capacity of bond counsel tonight, not to address whatever the internal problems that might exist regarding department structures within the City. Vice Chairman Plummer: Thank you. The floor is open for a motion. Commissioner Teele: I would move that the matter be delayed for the first meeting in September, with a time certain of five p.m. Vice Chairman Plummer: Why that? How about after two o'clock? Commissioner Teele: Well, after two o'clock. Vice Chairman Plummer: That's fine. Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: It is second. Is there further discussion? Commissioner Teele: Mr. Mayor, is that what you would... Mayor Carollo: If I ... that would be fine and I appreciate that. Let me point something out here that you all should be aware of. Here, in the year 2003, we go all the way down to a million nine hundred and sixty-three thousand dollars ($1,963,000). That's what's projected the City going to get. Instead of going up five years later, we're going down. Now, there's just no way that this City can afford that. I mean, in a perfect world, where we had all the funding we needed, that we didn't have the problems that we have to face and the challenges, it'd be fine. That's no more the case. And, Clark, I would be very willing to put your statement to the test and, if this Commission would like to do an RFP or do it in another fashion, where 282 July 21, 1998 we could see what's out there, what private firms will come and give us a bid of how much they will guarantee us that we will get on a yearly basis and see if, you know, what you're telling us is correct or not. And I'm willing to do that. I have no problem in doing that. But the problem is that this City has to take a different course of action and we have no choice but to bring the dollars into this City's General Fund one way or another. Vice Chairman Plummer: OK Commissioner Teele: On the motion. Vice Chairman Plummer: On the motion. Call the question. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-801 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED EMERGENCY ORDINANCE TO ISSUE PARKING SYSTEM REVENUE BONDS FOR $14,500,000) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 8, 1998 AFTER 2 P.M. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. Commissioner Teele: Mr. Chairman, I would also further resolve... Vice Chairman Plummer: Yes. Commissioner Teele: The Manager's got an Oversight Board meeting tomorrow and one of the issues that they're raising is this number. I would hope that this Commission would go on record, again, as stating to the Manager and the Mayor that we reaffirm the Off -Street Parking revenue projections as contained in the Five -Year Plan and instruct the Manager to negotiate with Off -Street Parking consistent with those numbers. I would so move. Vice Chairman Plummer: Motion made. Is there a second? Commissioner Gort: Second. Vice Chairman Plummer: Seconded. Is there any discussion? Hearing none, all in favor, say "aye." Opposition? 283 July 21, 1998 The Commission (Collectively): Aye. (Show unanimous). The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 98-802 A MOTION REAFFIRMING THE DEPARTMENT OF OFF-STREET PARKING REVENUE PROJECTIONS AS CONTAINED IN THE FIVE YEAR PLAN; FURTHER INSTRUCTING THE CITY MANAGER TO NEGOTIATE WITH THE DEPARTMENT OF OFF- STREET PARKING CONSISTENT WITH THOSE NUMBERS. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 86. FIRST READING ORDINANCE AMENDING SECTION 22-117(F) OF CODE INCREASING ADMINISTRATIVE FEE INCURRED TO REMEDY LOT CLEARING OR OTHER PARCEL OF LAND VIOLATIONS. Vice Chairman Plummer: I do have one other pocket that ... I'm sorry. [AT THIS POINT, VICE CHAIRMAN PLUMMER READ ORDINANCE INTO THE PUBLIC RECORD.] Vice Chairman Plummer: What this does, gentlemen, it is, in fact, says that if we clear this lot, we're going to charge the people what it costs to do it and we're going to add a fee of a hundred dollars ($100) or 20 percent of the cost, whichever is greater. I so move. Commissioner Gort: Second. Vice Chairman Plummer: Any discussion? All in favor, say "aye." All opposed? The Commission (Collectively): Aye. Mr. Foeman: Excuse me. Is it an ordinance or a resolution? Vice Chairman Plummer: It's an ordinance. Read the...call the roll. Mr. Foeman: OK. 284 July 21, 1998 An Ordinance Entitled - AN ORDINANCE AMENDING SECTION 22-117(f) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE ADMINISTRATIVE FEE TO TWENTY PERCENT, OF THE ACTUAL EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT OR PARCEL OF LAND; PROVIDING FOR A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was passed in first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 87. AUTHORIZE / DIRECT CITY MANAGER TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) CONCERNING EVALUATION OF APPRAISALS OF COMMERCIAL PROPERTIES OF CITY — FURTHER DIRECTING MANAGER TO REPORT TO COMMISSION ON SAID MATTER BY SEPTEMBER 8, 1998. Vice Chairman Plummer: All right, ladies and gentlemen, unless there is a need for a special Commission meeting, which we hope will not occur, there is not another Commission meeting until the 7th... I'm sorry, the 8th day of September. Mr. Manager, to you, sir, I have to emphasize with Commissioner Teele ... Commissioner Teele? Commissioner Teele: Yes, sir. Vice Chairman Plummer: How strong... excuse me. How strong do we want to go on the issue of the Manager being empowered to come back on the 8th day of September with company or companies to ask for the purposes of evaluation of appraisals of commercial property? Do we want to go ... to give him the power to do what? 285 July 21, 1998 Commissioner Teele: To solicit requests for qualifications and to make a recommendation. Vice Chairman Plummer: But do we allow him to do that and come back with recommendations after he's already received? We're talking about how many days now? We're talking about like 40 days, 45 days. Commissioner Teele: Apparently, it's 50 some, based upon the... Vice Chairman Plummer: What I'm asking is this. I would like to empower the Manager to go out with an RFQ immediately, as quickly as possible, to come back before the City Commission meets, analyze and be prepared to recommend to this Commission your findings and your recommendations of a company. I normally don't like to give that much power to a City Manager but I think, in this particular case, it is imperative. Commissioner Teele: I second the motion. Vice Chairman Plummer: OK. Mayor Carollo: It's a motion. There's a second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. (It passes unanimously). The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-803 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) IN CONNECTION WITH EVALUATION OF APPRAISALS OF COMMERCIAL PROPERTIES OF THE CITY OF MIAMI; FURTHER DIRECTING THE MANAGER TO ANALYZE, AND BE PREPARED TO MAKE A RECOMMENDATION TO THE COMMISSION ON THIS ISSUE BY SEPTEMBER 8, 1998. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez. 286 July 21, 1998 88. COMMENTS FROM MAYOR CAROLLO ABOUT SELECTION PROCESS OF CITY MANAGER — FURTHER REQUESTING CITY COMMISSION TO SEND TO HIM IN WRITING CRITICAL AREAS OF CONCERN AND GUIDELINES FOR SELECTION OF CITY MANAGER — MAYOR CAROLLO EXPRESSES INTENT TO APPROVE (EMPLOYMENT) PACKAGE FOR CITY MANAGER AT TIME OF HIS/HER APPOINTMENT. Vice Chairman Plummer: Good night, Irene. Mayor Carollo: Before the meeting is adjourned, if each of you could be so kind as to either let me know, by scheduling a meeting so we can meet personally or sending it to me in writing, the areas that each of you would like to see as the reasoning for not accepting a Manager's appointment and any other issues that you would like to discuss in that. Vice Chairman Plummer: Boy, I could think of a lot of reasons not to appoint a City Manager. Mayor Carollo: If you could include that for me, I would appreciate it, so we could have some guidelines to go by. At same time, it would be my intention, when this comes back, to bring it back with a package already so that we approve the package at the same time the Manager is appointed. Vice Chairman Plummer: So be it. Commissioner Teele: So be it. Mayor Carollo: Thank you. Vice Chairman Plummer: The meeting is adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:01 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK JOE CAROLLO. MAYOR 287 July 21, 1998