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HomeMy WebLinkAboutCC 1998-08-13 MinutesCITY OF MIAMI HI �9 INCORY I)R:►TE 16 96 FL COMMISSION MINUTES OF MEETING HELD ON August 13, 1998 (Special) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk INDEX MINUTES OF SPECIAL MEETING AUGUST 13,1998 ITEM NO. SUBJECT LEGISLATION 1. (A) DIRECT CITY MANAGER TO FOLLOW UP ON 8/13/98 ABANDONED VEHICLES AND LOT CLEANING EFFORTS. DISCUSSION (B) VICE CHAIRMAN PLUMMER COMMENTS ON NEED TO 1-3 REVIEW AND REORGANIZE NET OFFICES. (C) COMMENTS REGARDING ABANDONED CAR AT 1901 NORTHWEST 1 AVENUE. 2. DISCUSS/ACCEPT FIVE YEAR CONTRIBUTION OFFER WITH 8/13/98 ANNUAL GUARANTEE FROM DEPARTMENT OF OFF STREET M 98-811 PARKING - FURTHER DISCUSS CONDITIONS UNDER WHICH 3-9 CITY WOULD TAKE OVER OFF STREET PARKING - FURTHER REQUESTS OFF STREET PARKING AUTHORITY TO CONSIDER CITY'S TERMS AND RETURN TO CITY COMMISSION BY 10 AM ON AUGUST 14, 1998 WITH FINAL APPROVAL FROM SAID AUTHORITY. 3. DISCUSS/DIRECT CITY MANAGER TO REVIEW STATUS OF 8/13/98 BEDMINSTER AND OLD MERRILL STEVENS/DINNER KEY DISCUSSION BOATYARD (GROVE HARBOR MARINA-CARIBBEAN 9-13 MARKETPLACE) CONTRACTS - FURTHER REQUESTING MANAGER TO PROVIDE CITY COMMISSION WITH RECOMMENDATIONS ON SAME BY AUGUST 14, 1998 - SEE LABELS 5 AND 6. 4. DISCUSS REVENUE GENERATED BY VEHICLE 8/13/98 IMPOUNDMENTS DUE TO DRUGS/PROSTITUTION/ILLEGAL DISCUSSION DUMPING - FURTHER INSTRUCTING MANAGER TO 13-15 TELEVISE THROUGH CABLE NET 9 FACES AND NAMES OF THOSE CONVICTED ON DRUGS/PROSTITUTION/ILLEGAL DUMPING. 5. CONTINUE DISCUSSION RELATED TO PENDING STATUS OF 8/13/98 CONTRACT ON OLD MERRILL STEVENS (DINNER KEY DISCUSSION BOATYARD) PROPERTY AND OTHER POSSIBLE SOURCES OF 15-19 REVENUE - SEE LABELS 3 AND 6. 6. (A) DISCUSS STATUS OF NEGOTIATIONS WITH MIAMI TCI - 8/13/98 DIRECT CITY MANAGER TO MAKE FINAL DISCUSSION RECOMMENDATIONS REGARDING MIAMI TCI LICENSING 19-38 AND FRANCHISE AGREEMENT BY SECOND COMMISSION MEETING OF SEPTEMBER, 1998. (B) CONTINUE REVIEW BY COMMISSION OF PROPOSED BUDGET - DIRECT CITY MANAGER TO PROVIDE WRITTEN REPORT TO CITY COMMISSION CONCERNING STATUS OF SEVERAL CONTRACTS PENDING APPROVAL BY OVERSIGHT BOARD - SEE LABELS 3 AND 5. (C) RESCHEDULE SECOND MEETING OF SEPTEMBER 22 TO SEPTEMBER 28, 1998. (D) CONTINUE DISCUSSION ON PROPOSED BUDGET OUTLINING WAYS TO RAISE REVENUE: MILLAGE INCREASE/FIRE ASSESSMENT FEE/SOLID WASTE FEE INCREASE - DIRECT CITY CLERK TO DISTRIBUTE CITY MANAGER'S POSITION ON DEPARTMENTAL BUDGET CUTS. (E) DIRECT CITY ATTORNEY TO DRAFT LEGISLATION TO PROTECT REVENUES GENERATED FROM INCREASED SOLID WASTE FEE - FURTHER DIRECTING CITY MANAGER TO DEVELOP STANDARDS FOR SUPPLEMENTAL WASTE FEE TO BE PAID BY COMMERCIAL ENTITIES IN COMMERCIAL CORRIDORS - FURTHER INSTRUCT MANAGER TO ADJUST HOMEOWNER'S SOLID WASTE FEE TO COMPENSATE FOR COST OF ILLEGAL DUMPING - FURTHER DIRECT CITY MANAGER TO DEVELOP PUBLIC INFORMATIONAL PROGRAMS TO EDUCATE RESIDENTS ON PROPOSED SOLID WASTE FEE AND THE COST OF ILLEGAL DUMPING. (F) DIRECT CITY MANAGER TO PREPARE TEN PERCENT DEPARTMENTAL BUDGETARY REDUCTIONS - FURTHER COMMENTS REGARDING NUMBER OF RESIDENTS BEING BILLED DOUBLE DUE TO ILLEGAL UNITS. MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13th day of August, 1998, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in special session. The meeting was called to order at 10:17 a.m. by Mayor Joe Carollo, 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) Commissioner Tomas Regalado ( District 4) ALSO PRESENT: Donald Warshaw, Acting City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk ABSENT: Commissioner Arthur E. Teele, Jr. An invocation was delivered by Commissioner Gort, who then led those present in a pledge of allegiance to the flag. Vice Chairman Plummer: Raul Martinez, what did you do with the sticks to give to the NET Offices? Do you know it is not being complied with. Mr. City Attorney? Mr. Alejandro Vilarello (City Attorney): Yes, sir. Vice Chairman Plummer: If our ordinance says that anything over 18 inches is in violation of the ordinance and our ordinance spell out what, in fact, is an abandoned automobile, if I drive by either one and see those violations and it is not posted, am I to assume that someone's not doing their job? Mr. Manager, you better listen to this. Mr. Donald Warshaw (Acting City Manager): I'm listening. I'm sorry. Mr. Vilarello: The notices aren't necessarily posted on private property. There's a Notice of Violation provided. I don't know the exact process. Is it mailed? Vice Chairman Plummer: Well, obviously, the lots are on private property. August 13, 1998 Mr. Vilarello: Right. With regard to the abandoned vehicles... Vice Chairman Plummer: You can even... abandoned vehicles, you can still post them on private property. Mr. Vilarello: The fact that it's not posted doesn't mean that they haven't already been notified. Vice Chairman Plummer: Well, then, how are we going to know whether or not 87 more memos are going to be written? Mr. Manager, my bottom line is very simple. The NET offices, you have promised you are going to review and revamp. We're wasting time, we're wasting money, and I'm having to do their job. I'm going to bring to your attention again, 1901 Northwest 1 st Avenue. I reported over 12 days ago of a stolen car in the back yard. It's still there. As of last night at 5:00, it's still there. Now, the building has been posted to be torn down because of the fire. Why can't the NET office go in and clean out the entire rest of the block? It is so overgrown. It is so unbelievable. That is the lady, who I told you in a memo, that, if it's cleaned again, I'm going to give her your home phone number. Because I'm tired of trying to tell the lady why that lot is not clean. Now, if these lots are not posted and these cars are not posted, I'm going to take an attitude that says, somebody isn't doing their job and then I'm going to ask you the question, Mr. Manager, how long are you going to tolerate somebody not doing their job? Mr. Warshaw: Not very long. Vice Chairman Plummer: Let's ... we're going to find out. We're going to find out. Ladies and gentlemen, the Mayor has announced that he will be arriving momentarily. I don't know where he will be arriving but he will be arriving momentarily. Mr. Manuel Gonzalez Goenaga: Why don't you give me a half a minute before the Mayor arrives? Vice Chairman Plummer: For what? Mr. Goenaga: To say what I wanted to say in half a minute. Vice Chairman Plummer: Go ahead. Ladies and gentlemen, Mr. Goenaga, Boom -Boom has asked for 30 seconds and that, if we give him that, he will not speak for 30 days. You made your deal. You've made your deal. You speak for 30 seconds... Mr. Goenaga: But is there going to be a City within 30 days? Vice Chairman Plummer: Mas o menos. Mr. Goenaga: No, no. But I want to come to the public hearings on September. Vice Chairman Plummer: Well, come back in September. Mr. Goenaga: OK. Well, the only solution... Vice Chairman Plummer: Mr. Manager, clock this 30 seconds because he can't speak again for 30 days. Yes, sir. Mr. Goenaga: With all the instability that I am watching... Vice Chairman Plummer: The clock needs to be running. Mr. Goenaga: ...among this Commissioners... Vice Chairman Plummer: Wait a minute. Start the clock. Mr. Goenaga: The only... Vice Chairman Plummer: Wait a minute. Not one minute, 30 seconds. August 13, 1998 Mr. Goenaga: The only solution is to postpone everything until Cesar Odio comes out of jail. Bring him back as City Manager and Suarez as Mayor. Thank you. Vice Chairman Plummer: And Boom -Boom is back in Puerto Rico. Mr. Goenaga: Forever. Vice Chairman Plummer: Now, you can't speak for the next 30 days, remember that. Mr. Manager, you'll cut the microphone off, in Look at all of this high priced help. Is there... Mr. Manager, is there anything you need to take care oV Mr. Warshaw: No, sir. Vice Chairman Plummer: Mrs ... I announced previously I've got to be out of here by noon and I definitely mean that. Everybody please rise. Mr. Gort has volunteered to say the prayer and Mr. Regalado has volunteered to lead us in the pledge. Mr. Gort. Mayor Carollo: Good morning. [AT THIS POINT, THE COMMISSION MEETING OFFICIALLY CONVENED.] Vice Chairman Plummer: Good morning, sir. Mayor Carollo: Mr. Manager, can you begin by bringing us up-to-date on the Off -Street Parking Authority, if there are any new developments? Mr. Donald Warshaw (City Manager): Yes, Mr. Mayor. Commissioners, there was a special meeting of the Off -Street Parking Authority this morning at 7:30 and our City Attorney and representatives of the Administration were there and, basically, we were able to work out a guaranteed minimum revenue stream, along with all of the components that we needed to be able to make this part of the Five -Year Plan. The only issue that remained that the board voted against is the issue of them being taken over by the City. They basically want that language out of there, that the City will not, in any way, attempt to take them over during this five-year period. Mayor Carollo: Well, I don't know how the rest of the Commissioners that vote on this feel but I, for one, will make my feelings very clear, that, if the majority of the Commissioners here want to give the Of€Street Parking Authority those provisions that are tying this Commission, this City's hands and being able to gather even more revenues, frankly, than what they've offered now. If that would happen, I would line veto that particular item so... Vice Chairman Plummer: Well, I'll give you my ... you know, Clark Cook's going to fall out of his chair. I've always said and I continue to say that the Off -Street Parking Authority is probably one of the best successes in this town and if something's working, don't fix it. But I have to tell you, I'm not going to give anybody a lot guarantee that, if they go and do something that is wrong, that I'm not going to put them out of business if I have that opportunity. As far as I'm concerned, the only way to measure ability is in results and as long as their results are what they have been over the history of that authority and I'm sitting on this City Commission, we're not going to take them over. That I'm not going to bind myself to the fact, if the day comes when I don't feel as an independent vote of this Commission, that they're doing the job that they should be doing, I'm going to bring them before here for this Tribunal to say, sorry guys, you're out of business. So, I will not give up my right but I will tell you on the record, as long as they continue to do business as they have, they're a safe bet with me. August 13, 1998 Mayor Carollo: Commissioner. Commissioner Gort: Yeah, I'd like to make the ... follow the same statement. At one time I was the chairperson of the Off -Street Parking and I would like to see it run the way it is but, at the same time, I agree with J.L., I wouldn't want to touch the Administration. I think they've done a great job, but I don't want to be subject to the five year. I mean ... and I think I requested from the attorneys, if they don't want to comply with it, then what are the procedures and how long will it take to do things? I mean, Cook, we want to work with you all and we've even told you that in the past. As long as you perform and everybody performs, we don't have any problems. There will be no reasons for the City to take it over. And if there is any deal that will come in front of this City that could be an improvement, I'm sure ... because I've talked to some of your board members. The board members will be willing to accept it and go with it. If they think it's going to benefit their outfit in the City of Miami. Vice Chairman Plummer: Mr. Mayor, if I may also. You know, they are semi -autonomous to this City Commission but, you know, when I control the members of their board and I control their budget, I control them. So, in effect, right now, I've got all the control I need over them, where, not five years but in one year, I can change them completely, the composure, the composite and their financial picture. That's all I need. Commissioner Regalado: Mr. Mayor? Mayor Carollo: Go ahead. Commissioner Regalado: Mr. Manager, what is the minimum guarantee that the Off Street Parking Authority board offered to this City this year and the next years? Mr. Warshaw: Commissioner, the revenue stream, which is a guaranteed minimum of excess earnings would be two point two seven five million for 1999. Two point three one seven for the year 2000. Two point four for 2001. Approximately, two point three for 2002 and two point two for 2003. Commissioner Regalado: And that's the minimum? Mr. Warshaw: Yes, sir. Commissioner Regalado: And the only way to get that money in this budget and in theFive-Year Plan that you have delivered to the Oversight Board is by approving their action, including the five-year provision? Mr. Warshaw: Basically, they've rejected our proposal which, in effect, had language in it that was unacceptable to them so, I guess... Vice Chairman Plummer: That's very simple. Then they leave us no alternative. Mr. Clark Cook (Executive Director, Off -Street Parking Department): Commissioners, can I make... Mayor Carollo: I'm sorry, Clark. This is the Commission discussing this. If once the Commission is done and the Administration is done, if the majority of them want to hear from you, I'll be happy to acknowledge you. Commissioner Sanchez. Commissioner Sanchez: Well, my understanding of this is very simple. What we were making before was basically one million generated by citations and whatever we got out of it. Here we are in a situation where we can gain two point five seven ... two point seven five mill the first year. Of course, Mr. Clark, we must share the wealth. You know, that every Commissioner up here wants to bring revenue to the City and improve but, you know, I have a problem too seeing the City taking it over because they, for 43 years, have done an excellent job. They have a good history. Their bond is Class A. Right now we're in a situation where I am skeptical in taking it over because I don't think that we could, maybe not in the first years, provide the service you're providing and generate the money you generating but in the situation we're in right now, you know, we're going to make two point five seven the first year. Leading out (phonetic) the five years, which will help us get out of this jam. So, I would have to agree with my colleagues. Mayor Carollo: From what I hear, there are three votes here, at least, that will not accept the provision from 4 August 13, 1998 the Off -Street Parking Authority. And while giving J.L. the gavel, let me add this again for the record. Back when this City was in much worse situation than it is now, I brought in nineteen million dollars ($19,000,000) from the Sports Authority and we didn't ask anything of this City. We didn't try to put a gun to this City's head, like they're doing now at the last second, thinking that were desperate and will take it. And this is exactly what they are doing now. All the talk that what a great deal they're giving us after a year and a half or more than we've been talking about this, frankly, if its such a good deal, let's put out a real RFP (Request for Proposal) out there, where the Off -Street Parking Authority themselves could bid on it and let's see what the private sector will bring in. Let's see what some of the largest management parking companies in the Country that do the work for the majority of the major cities in America will be willing to guarantee us and Off -Street Parking can bid against that and I guarantee you, I guarantee you, without any hesitation, that we're going to be getting substantial amount of dollars more guaranteed. Now, its very simple. We're going to have to come up with a higher amount in this budget that's going to have to come from some fees but, at the same time, once we go ahead and take this organization over, a city agency, and put out an RFP, before this portion of it would ever have to be paid by any Miami resident, we would have been able to have gone back to the Oversight Board and, with contract in hand, with guarantees in hand, to amend that portion of the fiscal year Five -Year Plan. So,1, for one, very much feel that this Commission has all the cards in this but not just because we have the power to take over this agency. I never have been one that... Mr. Pedro Arguelles: Carollo, usted sigue siendo mi alcalde mi alcalde pro vida. Mayor Carollo: Excuse me. Please, please, please. We don't need anything here. The bottom line is that this agency ... and, again, if I may bring this up now to everybody else that's here. We really need for this meeting ... for people to keep decorum, to keep any comments or hisses to themselves. Commissioner Plummer has to leave here in about an hour and a half, so we do need to finish quickly. The bottom line is that it's in the best interest of the City of Miami to reject the proposal that they are given us and I won't beat this issue anymore. The Commission has spoken. Vice Chairman Plummer: Let's give Clark the opportunity to speak and I'm ready to make a motion. Commissioner Gort: Excuse me. Let me ask you a question, Mr. Mayor. Mayor Carollo: Yes. Commissioner Gort: We can move and pass it and... Commissioner Sanchez: You're going to veto it. Commissioner Gort: No, no. Excuse me. Mayor Carollo: No, no. That's not what he... Commissioner Gort: We can move and we can make a motion and eliminate all the restrictions they're putting on and let the Board vote on it then. Mayor Carollo: We could. The only... Commissioner Gort: I think the message is there. Mayor Carollo: The only problem, Commissioner, is that if we include something in the FiveYear Plan that they're not going to agree upon, then it's going to be sent back to us by the Oversight Board again. Commissioner Gort: Mr. Mayor, I understand that. But we'll make a motion today. They'll get the understanding. They get the message. I think the majority of us are stating here that that Department, working the way its been working and sharing the revenue with the City of Miami, at least this guy here and I think I've heard three or four of us say there's no reason for them to take over. I think there's a board there and we can talk to the board and anything that comes up, we can always discuss it with the Board. They've been a very professional board. I've had the opportunity to work with them before. I think we can pass it. We don't have to put it in today but if they change their mind by tomorrow, they can send us a letter, then we can put it in. 5 August 13, 1998 Vice Chairman Plummer: Mr. Mayor? Commissioner Gort: Let's not close the door. Vice Chairman Plummer: I've heard you make comments that, in your opinion - and I'm not going to disagree because I can't - that, if, in fact, we were to take it over, we would be making a lot more... Mayor Carollo: That's correct. Vice Chairman Plummer: ...than two point eight million dollars ($2,800,000). Mayor Carollo: Two point two seven five. Vice Chairman Plummer: I don't see a problem that, if we send a motion, as Commissioner Gort has said, that it's either "A" or "B," you come back and tell us, that if it's "B," that they don't accept our kind offer, an offer that they can't refuse, then it's simply that we take it over and it would be more than what is the minimum annual guarantee that they're offering us now. So, I don't see a problem. Matter of fact, you know, if you're correct ... and, here again, I can't dispute it because I haven't gone into those numbers that deeply. That, if they say no, they're not going to do take it, we're going to take it over, we're going to tell the Off -Street ... the Oversight Board, hey, we're going to make more than that so, I don't see a problem. I'd like to hear from Mr. Cook. Mayor Carollo: OK. Go ahead, Mr. Cook. Mr. Cook: Thank you. I appreciate the opportunity, Mr. Mayor. First and foremost, I want to make sure that you understand exactly what my board did this morning. My board met in an executive session, an emergency session and agreed to everything that the City had been involved in, that we involved in, including guaranteeing the sums, which I was very please with. They took a position that they would like to have a piece in our time thing, that the Commission would not attempt to take us over as long as we did our job, as long as you told us what to do. I think that's a reasonable position. We're opening the bonds. We're making all kind of commitments and you coming back and say, oh, no, we want that thrown out and I really believe the Board has taken a very reasonable position. The three of them sat there. I mean, it's not like you can't take us over. We can do anything we want to. That's not what my board said. Vice Chairman Plummer: I don't think we can advocate that anyhow, can we, the position of letting them have an absolute guarantee of not taking over? Mr. Mayor, I'm ready to make a motion. My motion is very simple, that we accept their kind offer of the two point seven... Mayor Carollo: No. Vice Chairman Plummer: What is it? Two point... Mr. Warshaw: It's two point... Commissioner Sanchez: Seven five. Mr. Warshaw: Two point seven five. Vice Chairman Plummer: That we accept their offer of that amount of money, annual guaranteed, the amounts spread out over the five years and that it is without any provisions whatsoever and that, in lieu of that, that we will immediately, on an emergency basis, instigate action to take over the Of€Street Parking Authority. I so move. Mayor Carollo: What is the deadline that you're putting on that in time? No, time. Vice Chairman Plummer: There is no deadline. Either way ... you want a deadline? Fine. Say Monday. Tomorrow, OK. But what I'm saying is, there's not a need for, in my estimation, a deadline. That, if they don't give that amount of money and they don't agree to it, they know we're going to take them over. I don't August 13, 1998 want to do that. Let me make it very, very clear. I don't think it's going to be a problem down the line but if it is, I am not going to bind these hands that I can't do something about it. So, that's my motion, Mr. Mayor. Mayor Carollo: OK. There's a motion by Commissioner Plummer. Is there a second? Commissioner Regalado: I will second it. Commissioner Gort: Under discussion. Mayor Carollo: Under discussion. Commissioner Gort: I want to make sure we get the message correct. The reason being, I've talked to your board members and your board members are aware and they agree that, if any plans will come up, we'll sit down and we'll discuss them with them and they will help make the decision. I would like to maintain that Board because I think they've been very proficient. They've been doing an excellent job. I think you have an excellent staff in there and that's the message that we want to send. Vice Chairman Plummer: City Attorney got a problem. I think we need a new City Attorney. Mr. Alejandro Vilarello (City Attorney): If the motion is simply to have the board come back to us agreeing to the terms, as Commissioner Plummer has stated, then that's fine. If it's to go forward, we have to adopt a bond, an ordinance, we have to adopt a resolution. Vice Chairman Plummer: OK. Mr. Vilarello: And then you've already acted ... even though you haven't done the first part of it and gotten the Off -Street Parking... Vice Chairman Plummer: You know, when you... Commissioner Gort: You can amend your motion that, if they comply... Vice Chairman Plummer: Fine. I amend it to whatever is necessary. You know what I'm trying to accomplish. Give me my motion. Mr. Vilarello: It would be a motion requesting that the Department of Off Street Parking enter into an agreement with the City without the five-year commitment and come back to the City Commission. Vice Chairman Plummer: That's exactly the way I put it before. Mr. Cook: That would give me the bond? That gives me the bond? Mayor Carollo: It's been second by... Mr. Vilarello: No, it gives ... you need to come back to this City Commission with an agreement, without that condition, and then the City Commission will act on your bond ordinance. Vice Chairman Plummer: OK. We ... excuse me. Mr. Mayor, we have a meeting scheduled for tomorrow morning at 10:00. Hopefully, it will be canceled because we don't need it. But let's put them under a deadline. If their answer is negative to what we have accepted, then we will act on it tomorrow morning at ten o'clock. Simple enough. Mr. Cook: Fair enough. Mayor Carollo: Well then, what you're saying is that we're not going to finalize... Vice Chairman Plummer: We will be ten o'clock tomorrow morning, is what I'm saying. Mayor Carollo: OK. All right. 7 August 13, 1998 Mr. Cook: I understand. Commissioner Regalado: Mr. Attorney, if we approve this motion, could we include that in the budget? Mayor Carollo: No, you cannot. Commissioner Gort: Tomorrow. Commissioner Regalado: Tomorrow. Commissioner Gort: If they come back... Vice Chairman Plummer: Oh, yeah. Either way, you got that or better. Mayor Carollo: Well, let me rephrase that. We could include it if we want it in the budget. But is it going to be approved? No, it's not. Vice Chairman Plummer: Hey? Que sera, sera. Mr. Vilarello: My understanding, in the discussions with the Oversight Board is, if you come to an agreement with the Off -Street Parking Authority, as we've contemplated, that they will allow us to consider that as part of next year's budget. However, if you dissolve the Authority, it's my opinion that they will not accept that as dollars in next year's budget. Commissioner Regalado: So, if we move to dissolve the Authority, we'll not be able to put that on this year's budget or any year budget for that matter? Mr. Vilarello: Well, it won't be a budget solution for this year's budget. Vice Chairman Plummer: Hey, we pull the plug and wait for their heart to stop beating. That's what it's called. Now, you want a sudden death or you want to die a long out, drawn out terminal? You're speaking to an expert in that field, so go right ahead. Mr. Cook: I understand. Mayor Carollo: My offer still stands, that they put out an RFP, where they can bid on it themselves to see who will guarantee the City in the future at the most amount of revenue, but we'll deal with that at the appropriate time. Vice Chairman Plummer: Mr. Mayor, I'll tell you for one, that I can't sit with Mr. Gort, so I have to sit with Mr. Clark and if Mr. Clark can show me the numbers, that is a potential, then we...I think we have no other reason but to explore. We are here to do what is best for the City, not for the Off -Street Parking and not for the Administration. And if we can do better by going to an RFQ and possibly doing better, I think we have an obligation to do that. We don't have a choice. Mayor Carollo: All in favor of the motion in hand, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. August 13, 1998 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 98-811 A MOTION ACCEPTING OFFER FROM DEPARTMENT OF OFF-STREET PARKING OF $2.275 MILLION ANNUAL GUARANTEE (WITH SPECIFIC AMOUNTS TO BE ALLOCATED OVER THE FIVE YEAR PLAN AS FOLLOWS: $2.275 MILLION IN CALENDAR YEAR 1999; $2.317 MILLION IN CALENDAR YEAR 2000; $2.4 MILLION IN CALENDAR YEAR 2001; $2.3 MILLION IN CALENDAR YEAR 2002; AND $2.2 MILLION IN CALENDAR YEAR 2003) TO THE CITY FOR THE NEXT FIVE YEARS; FURTHER STIPULATING THAT IF SAID AMOUNT IS NOT ALLOCATED TO THE CITY, THEN THE CITY WILL TAKE OVER THE OFF-STREET PARKING AUTHORITY; FURTHER REQUESTING THE DEPARTMENT OF OFF- STREET PARKING TO ENTER INTO AN AGREEMENT WITH THE CITY WITHOUT THE FIVE YEAR COMMITMENT TO MAINTAIN THE CURRENT EXISTENCE OF THE OFF-STREET PARKING AUTHORITY AND COME BACK OT THE CITY COMMISSION BY 10 A.M., AUGUST 14, 1998 WITH FINAL APPROVAL FROM SAID AUTHORITY. Upon being seconded by Commissioner Regalado, the motion 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. 3. DISCUSSIDIRECT CITY MANAGER TO REVIEW STATUS OF BEDMINSTER AND OLD' MERRILL STEVENS/DINNER KEY BOATYARD (GROVE HARBOR MARINA-CARIBBEAN' MARKETPLACE) CONTRACTS - FURTHER REQUESTING MANAGER TO PROVIDE CITY' COMMISSION WITH RECOMMENDATIONS ON SAME BY AUGUST 14, 1998 SEE LABELS 5' AND 6. Vice Chairman Plummer: Mr. Mayor, I got to bring up a sore subject and I know it's sore with you but I got to bring it up just to get it on the record. Mr. Manager, Bedminster, they gave us a million dollars ($1,000,000) to do their expansion and that money's already been spent, according to Dipak. OK. Mr. Dipak Parekh (Director, Budget Office): The first monies, which were given as a deposit in 1996... Vice Chairman Plummer: OK. Whatever it was. Mr. Parekh: ...was received and spent. Vice Chairman Plummer: Now, it is fully my understanding thatBedminster has not been approved by the Oversight Board. Mr. Warshaw: That's correct. Vice Chairman Plummer: OK. But it is also my understanding thatBedminster is willing, the day a contract is signed, to put up, is it 70,000? I think ... it comes to eight hundred thousand dollars ($800,000) a year. And it is my understanding that, in fact, this Commission does have an obligation to proceed with that contract. People can argue about it. But, in fact, it is only waiting for the signature of the Oversight Board and there has been nothing negative said or done about it. All I'm saying is that, in fact, if they are ready to 9 August 13, 1998 put up in hard dollars eight hundred thousand dollars ($800,000), why is it not being done and pursued, unless you're going to tell me that that deal is not a deal, it's not going to go through? Mr. Manager, I ask the question. Eight hundred thousand dollars ($800,000) is on the line. We haven't accepted it. It's not part of the budget. Where are we? Mr. Vilarello: Can I address that issue? Vice Chairman Plummer: Anybody can address it, that knows the answer. Mr. Vilarello: The last executed agreement that we have from Bedminster requires County approval prior to the City Manager signing it and forwarding it to the Oversight Board. That hasn't taken place yet. They have forwarded to us a copy of an executed agreement that contains the same provisions within the text of it. We don't have the original. At this point, it's not ready for the Manager's signature. Vice Chairman Plummer: Well, I guess my question is, is it going to be ready? Because this is a long, drawn out affair. Is it going to be ready by October the 1 st? That's three months off. Mr. Warshaw: I don't know the answer to that, Commissioner. Vice Chairman Plummer: Well, I think. Mr. Warshaw: It's possible. Vice Chairman Plummer: I think it's only important as it reverts to the revenue side of it, that, if we can put in here another eight hundred thousand dollars ($800,000), that's less we've got to charge in garbage or in fire fee and if it's not the case, then let's put it on the record and say it. But I'm just merely asking, for the record, if it is only the Manager's signature and County approval, unless somebody is saying here to me, no way, Jose, it's not going to happen, I'm looking at the possibility of additional revenues. So, Mr. Manager, I would ask ... not to take anymore time up this morning - that you come back with an answer tomorrow. Mr. Mayor, I'm assuming we're going to meet tomorrow. Mayor Carollo: If this Commission cannot reach a conclusion today and don't seem like it would, we will meet tomorrow. Vice Chairman Plummer: OK. I'm just asking that for the record, OK, and I'd like to have an answer one way or the other. Mr. Warshaw: Yes, sir. Vice Chairman Plummer: I'm also asking the same thing about MerrillStevens. Have we started to receive our monies from Merrill Stevens yet? Wait. Because I understand the Oversight Board was unhappy with that one also. Mr. Warshaw: There are some issues there that are being... Vice Chairman Plummer: Does the Oversight Board know that every time they throw one of these monkey wrenches into the can of oil, that they're stopping our source of revenue? Mr. Warshaw: Well, I don't know if they know that but I know that they're evaluating it and we're coming to some closure on that and, probably, by September we'll have an answer. Vice Chairman Plummer: And what amount of revenue is involved in that? Mr. Warshaw: We don't know yet. Vice Chairman Plummer: We don't know yet. Mr. Warshaw: It's a minimum of three hundred thousand right now 10 August 13, 1998 Vice Chairman Plummer: Is that included in the budget? Mr. Warshaw: No. Vice Chairman Plummer: Why? These are questions that I've got to have answered. Mr. Warshaw: It's not included in the budget because it's not a revenue source that's been approved and accepted as of today. Vice Chairman Plummer: But ... well, the Parrot Jungle, I assume, is in there? Mr. Vilarello: Yes. Vice Chairman Plummer: OK. Because that's in the Five -Year Plan and has been all the time. Mr. Warshaw: Yes. Vice Chairman Plummer: My question is, are we going to get off our butts and do something? Here is three hundred thousand in Merrill Stevens and nobody can tell me the reason why it has not been approved. Here we're talking about eight hundred thousand dollars ($800,000) in Bedminster and nobody can tell me ... well, he's told me it's not been approved by the County. All I'm saying to you is, are we going to fish or we going to cut bait? Mr. Warshaw: Commissioner, as these revenues, if they become acceptable revenues, come due, then they will slide into the Five -Year Plan and then be considered by the Commission as future option. Vice Chairman Plummer: Yeah. But, you know, we're going to make ... by tomorrow at 10:00, hopefully, we're going to be making decisions as to how much fire fee and how much garbage fee, OK? And if these two items alone, if they are legitimate items that could be a source of revenue in the next three months, that would be less amount that we have to hit the tax payers for. And that's the only reason I'm bringing it up. I didn't do it to irritate the Manager ... the Mayor. I know he has a problem with Bedminster and I think we all do. It's not the same deal we had when we first started but that's beside the point. The point is, I'm asking it strictly from the revenue side and I think we must have an answer by tomorrow at ten. Mayor Carollo: J.L., I didn't take it that way and I don't get irritated. I get amused these days. Vice Chairman Plummer: OK. Don't even, get amused. Mayor Carollo: And I think what you're trying to bring up, the way you're looking at, is legitimate. But let me ask a couple of questions of the City Attorney. I don't want to take up much time because you have to go. On the Bedminster contract, the million dollars ($1,000,000) that was given in '96 in exchange for one-year extension, which, according to the contract, from what we were told by the former City Attorney, we had no choice. It was a moote point with this Commission in giving that extension, if they came up with that million dollars ($1,000,000). We cannot deny ... we could not have denied the extension, if they had come up with a million dollars ($1,000,000), which they did. So, there was really nothing there for us to vote on. And, if you remember, we voted. Vice Chairman Plummer: Said flush the quail. Mayor Carollo: Yeah, I flushed the quail on that one real good, J.L. Now, my question is, Mr. City Attorney, because a lot has been misrepresented by statements that were made by Former Manager and a few others, that this Commission voted to approve an extension in exchange for that million dollars ($1,000,000). In fact, this Commission had nothing to approve in the extension. The contract had stated, if they came up with that million dollars ($1,000,000), they automatically had an extension. My question is, was that million dollars ($1,000,000) given for the City to spend in exchange for that extension or was that million dollars ($1,000,000) a million dollars ($1,000,000) that had to be put in an escrow account according to the contract? Mr. Vilarello: We recently had counsel for Bedminster come to us on that issue. It's my opinion that that 11 August 13, 1998 money was part of the extension of the agreement and could be used by the City for any appropriate purpose. Mayor Carollo: That's what we were told at that time. Mr. Vilarello: You currently have another request for an extension. That's the agreement that has not been executed. Mayor Carollo: Yeah, that's the next request for extension but, based on some correspondence that we all received from the attorney for Bedminster, they were taking the position that they automatically had this additional extension based upon that they gave this City that one million dollars ($1,000,000) and the City used it. Is that your... Mr. Vilarello: Yes, that's their position. We don't agree with that position. And my office and the City Manager will be discussing a response to that. Mayor Carollo: OK. So, we've gotten that part clear. So, basically, where it stands now is that the Oversight Board has to analyze it and see if it's in the City's best interest to approve that particular contract, I gather? Vice Chairman Plummer: Mr. Mayor, I can tell you that they are prepared to write a check the minute, within 24 hours, after that approval. Mayor Carollo: Let me say this to you, J.L. Vice Chairman Plummer: On a monthly basis. Mayor Carollo: For that handful of people that have dedicated hundreds of thousands of dollars to get me out of here, that will do everything, including cut their right hand to see both of my arms fall down and me out of here, I'll tell you right now that I'll go and raise that money and half a million more a year for the City of Miami and I will resign if I could get that deal. Because I will walk away with millions of dollars of profits over the life of that contract. But you know what? It's going to be the City of Miami and every resident that's going to end up in the short end. Because for that piece of carrot that they're offering us is going to cost us millions upon millions more. So, yeah, they're offering seven hundred plus thousand dollars or so now but it's going to cost us millions more. By the way, something that we seem to have forgotten, and I wasn't here when that resolution came up late at night, last item on the agenda as a pocket item, and it was approved in less than three minutes and, recently, the last time we met, we were talking about records that were set. Well, that was a record. The most important contract in the history of this City in the last decade, and it was approved for an extension of two years, with less than three minutes of discussion. But if I may add on this, the resolution that was approved then - and, Mr. Attorney, correct me if I'm wrong - clearly stated that it was giving the former Manager the instructions for him to come to an agreement in the extension based upon a minimum from Bedminster, that the minimum would be that they would pay for the recycling costs of the City of Miami. Isn't that correct? Mr. Vilarello: The reference was to recycling cost. I don't know whether a specific number was given or not. I have not reviewed the... Mayor Carollo: No, there was none. Vice Chairman Plummer: That is the amount of money. Mayor Carollo: Yeah. Now, based upon the resolution of this Commission, the amount that the former Manager agreed with them, that the contract would be for the extension is not the amount that the recycling has cost us. What is the true amount that the recycling is costing us in the City of Miami, Mr. Parekh? Mr. Parekh: Full cost. Mayor Carollo: Approximately. 12 August 13, 1998 Mr. Parekh: Approximately, one point eight million. Mayor Carollo: One point eight million. And what are they offering us? What was the arrangement that the former Manager made? Vice Chairman Plummer: Seventy thousand a month. Seventy a month. Mr. Vilarello: Just under eight hundred thousand dollars ($800,000) a year. Mayor Carollo: Approximately, eight hundred thousand a month. So, we're about a million short right there. Therefore, whatever was agreed with them by the former Manager is in violation of the resolution that this Commission made. Vice Chairman Plummer: Mr. Mayor, I want it fully understood, sir, I'm not here to argue for them. I'm here to argue for revenue. Mayor Carollo: I know, J.L. Vice Chairman Plummer: And if it's a million eight and they agreed to do whatever it cost us and that's what they were going to pay, then they've got to be held accountable to that, Mr. Mayor ... Mr. Manager. Now, can I get into another area? Mayor Carollo: Sure. Vice Chairman Plummer: Mr. Manager, you've done one great job this year in a thing called - One. Don't get inflated. In a thing call VIP, OK. VIP is the impounded of cars for drugs, prostitution and illegal dumping. Mr. Manager, in the last 90 days you have raised, according to the documents that you have sent me, approximately a million and a half dollars ($1,500,000), give or take. Now, first question is, where did that money go? Mr. Donald Warshaw (City Manager): The money goes into the general fund. Vice Chairman Plummer: General fund, OK. Now, I know that maybe it's new and it's not going to last as well for 12 months as it has for the first three because we're hoping, and truthfully, that it's going to send out a message. It hasn't yet. If you would have been in West Grove with me last night, you would have known that you missed somewhere between 12 and fifteen thousand dollars ($15,000) last night, OK. Now, my question is, it is going to be a source of revenue, without any question in my mind, that is going to raise more than a million dollars ($1,000,000) a year in revenue for the City of Miami. I'm going to say that, without even a half effort, it's going to raise two million. My question is, how much of that money is in the budget for next year? Mr. Warshaw: I believe it's seven hundred and fifty thousand but let me explain to you about revenues. These are projections and, in this particular case, the revenue... Vice Chairman Plummer: I fully understand that. When we initially put that together, we did it at five hundred dollars ($500) and it worked out so well and felt so good, we raised it to a thousand dollars ($1,000). Mr. Warshaw: That's correct. Vice Chairman Plummer: All I'm saying is, is that in 90 days... is that approximately the time that's been in ... where's all this high priced help in the Police Department? Mr. Warshaw: No, it's been going on for more than 90 days. 13 August 13, 1998 Vice Chairman Plummer: OK, whatever it is. It will easily raise more than a million dollars ($1,000,000). Mr. Warshaw: Yes, sir. Vice Chairman Plummer: And I think it'll raise closer to two and. I don't think that you have to draw any funny pictures for an Oversight Board to show them what you show me on a weekly basis of how much money you've actually taken in and how much money is even in accounts receivable that hasn't been collected yet. I'm asking again, if you've got seven hundred thousand and I think it's going to be a two million, what's the problem of raising another million three? Listen to me. That's a million three, in my estimation, that we don't have to assess against garbage fee and fire fee. Now, tell me if I'm wrong, Mr. Dipak, Mr. City Attorney. This, to me, is a reality. It is not a bird in the hand. It is dollars that we're going to collect. There's no question about it. And I'm asking again, why the figure of two million is not in the budget for next year? And, if so, that will lower our need for dollars from fire and garbage? Commissioner Regalado: That includes also the overtime because I've been to several of those operations. Vice Chairman Plummer: No, no, no, it's not talking about overtime. Commissioner Regalado: Well, you know, to do that, you need several people. Vice Chairman Plummer: I'm going to get into the overtime in a minute. Commissioner Regalado: But I'm telling you that I've been to those operations and there is a lot of police officers involved. Vice Chairman Plummer: OK. My question again, Mr. Manager, in your opinion orDipak's opinion, is a two million dollar ($2,000,000) figure unreal? Mr. Warshaw: Well, I don't know if it's unreal but let me explain to you again. You're right, that the revenues for this fiscal year exceeded our estimates based on two things. Number one, we raised the fee from five hundred to a thousand and, number two, the program has had even more success than we anticipated it would. The flip side of that, there are other revenue sources that were estimated to be at higher numbers that came in lower. So, at the end of the fiscal year, we will readjust our revenue expectations for next year. You can't always predict to the dollar how much revenue you're going to taking in, but I do agree that, in this particular case, we will probably exceed next year, the seven hundred and fifty thousand dollars ($750,000) and it probably will be in excess of a million. I can't tell you today it's going to be two million. Vice Chairman Plummer: If you don't, shame on you. Now, you know, I've asked that it be put on Cable 9. 1 don't know who's now in charge of that. I can't keep up with people around here. You know, I've asked for the pictures and the arrests, that we used to do, be put on Cable 9 of drugs, prostitution and I've asked even that illegal dumping be included in that. And all I'm saying is, I personally think ... Dipak, if I increase that in the budget to two million dollar ($2,000,000), what is your opinion of what you can demonstrate to the Oversight Board as to whether or not that would be acceptable? Mr. Dipak Parekh (Director, Budget Office): I'd like to demonstrate to the Estimating Conference. Vice Chairman Plummer: But, I mean, give me your horse back opinion. I mean, you've seen the numbers. You've seen the documents, as I and I'm sure my colleagues have. I think two million dollars ($2,000,000) is a reasonable figure. Mr. Parekh: I think it's a reasonable figure. I need to still do my final analysis. Vice Chairman Plummer: So, now, we've raised a million... we've raised almost three million dollars ($3,000,000) on the three items I brought up this morning. Am I correct? Hello, is there anybody with a calculator? Mr. Parekh: Yes. 14 August 13, 1998 Commissioner Sanchez: Yes. Vice Chairman Plummer: OK. Now, my question is... Commissioner Regalado: If I may say, J.L.., Mr. Manager, you mentioned that the Merrill Stevens contract, it will have a minimum of three hundred thousand dollars ($300,000). That's why it was sent back to the Administration. The fact that the minimum should not be three thousand ... three hundred thousand dollars ($300,000). Mr. Donald Warshaw (City Manager): Right. The numbers will probably go up. Commissioner Regalado: OK. You don't have any idea? Mr. Warshaw: Could be four fifty or higher. Commissioner Regalado: OK. So, you have it. I mean, because... Vice Chairman Plummer: Well ... all right. Commissioner Regalado: I understand that ... and I understand that, you know, it was precisely sent back because of the three hundred thousand dollars ($300,000). Mr. Warshaw: That's correct. Vice Chairman Plummer: Mr. Gort and then Mr. Garcia. Commissioner Gort: Guys, you have to leave by 12. We got to make some decision. What I'd like ... and I understand they're very busy individuals... the message sent to them that whatever contract they hold, if they can make a decision, make a recommendation as soon as possible, we can move on in something else and get the revenues that we need. Mr. Warshaw: I think we're very close. Commissioner Gort: So, if they disagree to it ... they want to make some changes, to do it. But, you know, I don't know how long it's been. How much rent we getting from Merrill Stevens right now? Vice Chairman Plummer: None. Commissioner Gort: None. We haven't been getting rent for how long now, two, three years, four years? Vice Chairman Plummer: I mean, who's going to pay rent if you won't let them in the door? Commissioner Gort: So, I think we should send a message to them that, please help us. They want to work with us according to their statement, to please try to expedite those contracts and if they don't think it should renew them, we'll renew them. Vice Chairman Plummer: Joe, Joe. Commissioner Gort: Come up with a recommendation. Commissioner Sanchez: My fellow colleagues, the reason why we're here today is a simple reason, to come up with money, to find ways to cut our expenditure and whatever it takes, so when we pass the buck, we do it in a very minimized way. Now, Mr. Plummer has proposed several good ideas and some which I disagree with but I'll tell you this much, we've just had two point seven five million dollars ($2,750,000,) slip away from our hands, which probably tomorrow they'll come back and they'll probably say, no and then ... in the 15 August 13, 1998 long run, don't get me wrong, the Mayor's right. In the long run, we'll probably make more money in Off -Street Parking. But I'll tell you this much, they're going totake us to court. We're going to be in a legal battle for God knows how long. We're not going get the money. Right now our backs are against the wall and we need to come up with money. So, I suggest we get together and try to come up with as much money as we can. Your responsibility today, City Manager and Mr. Dipak, is to come up with suggestions in how to cut as much as possible and explain it to us, to see what we could do. But I'll tell you this much, unclassified, there has to be savings on that. You cut some... Vice Chairman Plummer: OK. I'm sorry. Were you finished? Commissioner Sanchez: No, I was not. Vice Chairman Plummer: Well, then continue. Briefly. Commissioner Sanchez: But I'll tell this much, you need to come up with as much savings as possible. That's just the bottom line. Vice Chairman Plummer: Finished? Commissioner Sanchez: Go ahead, I'm done. (End of Discussion) Vice Chairman Plummer: Mr. Dipak, look, I don't think we're going to conclude, all right, unless somebody here wants to make a motion, which I don't see anybody rushing to a microphone to do. I'm telling you again... Commissioner Regalado: Well, J.L., I would because some of the ideas that you have presented are real and I think that what the Manager has said, in terms of the timetable for the MerrillStevens contract... Vice Chairman Plummer: Yeah. Commissioner Regalado: .As a very near one and a very real one and... Vice Chairman Plummer: We're only going to do better. Commissioner Regalado: I'm sorry? Vice Chairman Plummer: We're only going to do better on Merrill Stevens. We're not going to do less. Commissioner Regalado: Absolutely. That's what I said. I mean, Dena was very successful in fire house four, not that it's as big as that but I've spoken to her and I think that she believes that we can finalize that agreement with more money, with making everybody happy. I mean, with no legal battles and no problems and nobody getting mad at each other. So, I would think that things like this should be included in the budget. Vice Chairman Plummer: All right. Mr... Commissioner Regalado: And I'm ready to either second or make a motion. Because I'm sure that Dipak and the Manager and the Mayor will be able to convey to the Oversight Board the reality of this monies and, you know, ten thousand dollars ($10,000) more is ten thousand dollars ($10,000) less and that's all what we're here for. Vice Chairman Plummer: All right. Here's where I'm at until tomorrow morning at 10. Number one, there's no way ... I totally disagree with Joe, which is healthy, because I know the members of that board of DD... of Off -Street Parking. You know what, they're going to approve what we've asked them because they're good people and their interest is in this City, OK. That's my opinion. I think, Mr. Manager, you need to come back to us tomorrow morning. You need to say to us that what we've discussed here in the areas of additional revenue is realistic, we're full of hot air or whatever. Then, I think you need to come back to this Commission and say, look, we've got the Off -Street Parking. We've got the ad -valorem and I've already 16 August 13, 1998 said ... this is for one. I'm not speaking for others. I'm voting for the ad -valorem to be part and parcel of the total needs of this City, simply because ad -valorem is tax deductible. Fees are not, OK. So, I'm acceptable on the ad -valorem. I'm acceptable on the other sources of revenue. And what I need you to come back tomorrow and say to me, not the others, is that based on what we've discussed today, that we need "x" from Sanitation and we need "x" from Fire. But you must remember that I am putting you under a mandate of one percent a month or a total of 10 percent for the year of cuts or additional revenues. You can do it. There's no question in my mind. You can do it. So, that's my vote for tomorrow. Take it from there. My colleagues can express their opinions, whatever they want. I'm not trying ... I've got another hour before I have to leave so, I'm not trying to rush things. Mr. Regalado. Then Mr. Garcia. Commissioner Regalado: Yes. I've talked several times yesterday with the Manager regarding some of the savings in the budget and he responded to me that, as of July 25th, without police and fire, sworn personnel, CDBG and Solid Waste positions, there were 149 full-time vacancies which are budgeted in FY 99. For about four million dollars ($4,000,000), there are 113 new positions on FY '99 at an estimated additional cost of four point one million. So, what I'm asking you, Mr. Manager, first question, would the implementation of a hiring freeze of the 68 remaining positions save the estimated two point six million in FY'99? That's the question. Mr. Warshaw: You're asking me about a hiring freeze? Commissioner Regalado: Yes. Mr. Warshaw: Well, keep in mind again that these positions are part of the Blue Ribbon initiatives. Commissioner Regalado: I understand that. But even the Mayor's committee recommended... Mr. Warshaw: Correct. What they recommended... and I built into both the options you have in front of you today ... was a staged hiring of all those positions into 1999, which, basically, would result in a onatime non recurring savings for 1999 of two million dollar ($2,000,000). So, that's built into both plans with and without the Off -Street Parking and I'm committed to ensure that that gets done. Commissioner Regalado: Only two million or two million six? Mr. Warshaw: It's two million. There's another seven hundred and fifty thousand dollars ($750,000) in recurring for the entire five years of unclassified salaries that will be eliminated and not replaced. So, the total is two point seven five million. Commissioner Regalado: Well, how about the nine hundred eight} -eight thousand hundred and sixty-three dollars ($988,163)? How much of this money, in terms of this cut, would allow us to save? This is based on the dialogue we had from Tuesday meeting, where it was identified that twelve point eight million is budgeted in '98 in comparison to the eleven point six million in '97, due to the additional positions recommended by the Oversight Board. That difference, could we save something on that difference or that's already been filled? Mr. Dipak Parekh (Director, Budget Office): Well, those are existing, unclassified positions which are filled. But the options you have before you predicate a reduction of that amount by seven hundred and fifty thousand dollars ($750,000). So, the net effect for the first year is that you'll probably have to have a gross amount in excess of one point two five million dollars ($1,250,000) with a net saving of seven hundred and fifty thousand dollars ($750,000). Commissioner Regalado: So, in reality, what you're bringing to us in savings and salaries, what it is for this year? Mr. Warshaw: For 99? Commissioner Regalado: Yes. Mr. Warshaw: It's two million the non -recurring, one year, plus the seven hundred and fifty thousand. What Dipak is referring to is based upon fringes and severance and kinds of things that run out when people 17 August 13, 1998 leave who probably take one point two five gross so, you're talking about a little over three million Commissioner Regalado: Three million in savings? That is without firing anyone? I mean, in terms of A mean, massive firing or anything. Mr. Warshaw: Without massive firing or anything. Vice Chairman Plummer: Yeah, but there's going to be people terminated? Mr. Warshaw: Yes, sir. Vice Chairman Plummer: OK. Commissioner Regalado: Well, you know, that's the maximum, would you say? Mr. Warshaw: Yes, sir. Commissioner Regalado: Three million. Three million dollars ($3,000,000). Mr. Warshaw: Three point two million. Commissioner Regalado: Three point two million dollar ($3,200,000). On what ... the ideas is that we have discussed here, you know the Merrill Stevens, the possibility of the contract, other sources of income. I mean, it would...it is possible, it is possible that you will bring probably half a million or more? Mr. Warshaw: Commissioner, let answer that that way. As a daily function of the City doing business, there are revenues and contracts and potential new revenue sources coming every day and you're a hundred percent right that, when the Merrill Stevens contract comes due, there is going to be a recurring revenue to the City for many years to come. What I'm trying to tell you today is that I can only tell you as of today, into this particular Five -Year Plan, you're right, by tomorrow, if there's another revenue stream that comes on line that I can say to you, honestly, the Oversight Board will accept because it is now an approved, acceptable recurring revenue source, I will put that in there. So, make no mistake, no matter what you do today or tomorrow, next month, the month after, the month after, there will be additional recurring revenues sources that will be coming to the City that we will bring before you, you know, at regular Commission meetings, including Merrill Stevens and others. Commissioner Regalado: One last thing, Mr. Manager. It's just that ... what I was trying to establish is that, the fact that you, which are very respected by the Oversight Board, you're saying what the Oversight Board said, that we shouldn't have said in the past. That we was doing ... that we were going to approve this and then we had more revenues, we're going to take them off the budget. So, what you're saying is that from the philosophical point of view, that is acceptable by the Oversight Board, the fact that we should approve something in terms of the an emergency and when we get more revenues six months from now, we could withdraw that raise from the budget? Mr. Warshaw: I don't think there's any question about it, that if you were to pass fee increases now, today and six months from now, there were legitimate recurring revenue sources and you chose to substitute them in place of fees you passed today, that that would be an option. Vice Chairman Plummer: Well, the Oversight Board has said that all along. When you want to pull something, show us how you're going to supplement to make up the difference and... Mr. Warshaw: That's correct. Vice Chairman Plummer: ...that's what I'm saying with one percent a month for the total year or not to exceed 10 percent, that by the end of the next fiscal year, we will have sufficient either cuts or revenues to do whatever damage we're going to have to do tomorrow and remove them from next year's budget. I think we're going to far exceed it. I honestly tell you that this program of assessments of structures in downtown Miami is going to almost really eliminate our deficit. I really and truthfully believe that. Now, I have one other question. Were you finished, Mr. Regalado? 18 August 13, 1998 Commissioner Regalado: I was going to ask the Mayor if we need a motion to sort of direct the administration... Vice Chairman Plummer: I would wait until ... you know, they've heard all of our scenarios. Commissioner Regalado: All right, no problem. Vice Chairman Plummer: Let me ask one other question. We're in negotiations with cable. Hello? I mean, I'm not worried about a TV program. I'm worried about revenue. Mr. Dipak Parekh (Director, Budget Office): The revenue is part of the Five -Year Plan. Vice Chairman Plummer: How much? Mr. Parekh: One million dollars ($1,000,000). Vice Chairman Plummer: Additional? Mr. Parekh: No. One million dollars ($1,000,000), what they're paying right now. Vice Chairman Plummer: Why aren't we anticipating additional revenue? Mr. Parekh: Until that particular contract is ratified by this particular body... Vice Chairman Plummer: Sir, they're under an absolute, amen, drop dead, date of September what? Commissioner Regalado: Twenty-seventh. Mr. Donald Warshaw (City Manager): It's a very complicated legal issue and... Vice Chairman Plummer: Only because they're making complicated and legal. They have an absolute deadline. What is that deadline? Mayor Carollo: If I may, Commissioner... 19 August 13, 1998 Vice Chairman Plummer: All right, sure. Mayor Carollo: This goes for this contract, Merrill Stevens, some of the others that have been mentioned here, that the reason the Administration did not include some of these contracts into theFive-Year Plan and only included certain amount of dollars for some, like the one you were discussing now, is that these were the guidelines, the marching orders that were given the criteria to the City of Miami by the Oversight Board. As I have stated on numerous occasions, since we've met after they told us this, they will only accept, according to what they said, contracts that would be signed already and this is why everything else right now that we could get into is not really going to do us in any good because if we... Vice Chairman Plummer: Well, Mr. Mayor? Excuse me. Mayor Carollo: Right now, I'm saying, for this budget. Vice Chairman Plummer: That's well and good but let's look at the two contracts in particular, the reason they've not been signed and not been executed. Is because this phantom called the Oversight Board has sat on their butts and done nothing. Mayor Carollo: Well, I... Vice Chairman Plummer: Now, you know ... I mean, I'm sorry. Mayor Carollo: I don't agree with that. I don't agree with that. Vice Chairman Plummer: Well, I can't disagree because they've never met with us, OK. For whatever their reluctance is, to meet with this Commission, is their obvious secret. They will not meet with this Commission, even though we're supposed to be working together for the betterment of this City. They have taken an attitude that they are going to sit out in their little corner over there and not meet with this board. Now, you know, I'll deal with that how I've got to deal with it. Again, what is drop dead date for TCI (Telecommunications Inc.)? Mr. Alejandro Vilarello (City Attorney): TCI has to come before you, I believe, September... second meeting in September. The agreement isn't even in a form that the Manager is ready to recommend to the Commission so... Vice Chairman Plummer: Then we need a new Manager. Mr. Vilarello: Well, no, sir. They have submitted a formal proposal. It's being evaluated and it's still... Vice Chairman Plummer: My friend, you can give me excuses all day long. We have got to have results. Now, I voted at the last time that there was an absolute drop dead date. What is that date? Mr. Vilarello: It's the second meeting in September. Vice Chairman Plummer: All right. And that is September the 22nd. Now, either we're going to fish or cut bait with TCI. I've made myself pretty damn clear that I don't want TCI around here, period, Amen, or any company that cuts out three of my channels and ups my rates. But that's my one vote. The others might disagree with me. And if they are to stay, they're not going to stay for the same price that they've been here for before. Now, Mr. City Attorney and Mr. Manager, I'm telling both of you for this vote that, on the 22nd day of September I expect to make a final decision. We have given them ... how long, Mr. City Attorney, have they been without a contract? Commissioner Regalado: '96. Vice Chairman Plummer: Huh? Commissioner Regalado: Since'96. Vice Chairman Plummer: Two years. How many months did they go and said we're not going to pay you 20 August 13, 1998 anything? Mr. Parekh: About nine months. Vice Chairman Plummer: You know, is the tail wagging the dog? I mean, when they're telling us they're not going to pay us. Mr. Manager, Mr. City Attorney and Mr. Head Table, I'm telling you, the 22nd of September, don't, on the 23rd, give me any excuses. We are either going to fish or we're going to cut bait. Commissioner Regalado: Just for your information, J.L., members of the Commission, just briefly. The Broadcasting News, it's a very respected publication. And I will tell you, Mr. Manager, that there was an article in Broadcasting News, the last issue regarding Cable TV, Cable TV have raised their rates throughout the United States seven percent, while the inflation ratio is one point eight. They say that they have to do that because in every contract that they have renegotiated, they were told that they have to pay more. In several cases, they had to pay twice the amount that they were paying to the municipalities and counties. There is no ... according to Broadcasting News, there is no one single contract that has paid less than what they're paying now. And that is because the number of clients has gone up and the possibilities of Internet. And what I'm saying, J.L., is that one million dollars ($1,000,000) is not the figure that you're going to hear from them, I'm telling you. Vice Chairman Plummer: Hey, they have ... it's an adversary position. Now, they want us to approve a transfer for TCI to that other outfit, Media One. I understand the federal regulations but this Commission can actually get a benefit, as I've done with boat, the gambling boat, for the actual transfer. We can get a fee for the approval of the transfer and I don't think a million dollars ($1,000,000) is a fee out of question. I have one other and then I'm going to shut up, I promise. Mayor Carollo: OK. Can I, for one second, Commissioner? Vice Chairman Plummer: I promise. Mayor Carollo: I'm going to leave you chairing the meeting. I'm going to step out so that, hopefully, you could accomplish more in the next 45 minutes here without me bringing anything up. Vice Chairman Plummer: All right. I have only... Mayor Carollo: So, the only request that I would make to all of you is that you come prepared tomorrow at 10 a.m. to stay here as long as we have to because if, by the end of tomorrow, we do not approve certain areas of our budgets... Vice Chairman Plummer: Mr. Mayor? Mayor Carollo: ...we're not going to be able to include it in the County tax bill to be sent out. Vice Chairman Plummer: I hear what you say but, Mr. Mayor, again, tomorrow, I'm out of here by noon. I'll meet all day Saturday and I'll meet all day Sunday but tomorrow, again, I have to be out by noon. Mayor Carollo: I suggest you all speak to the City Attorney so he could explain to you, even in more detail, what I just did. Vice Chairman Plummer: Are we on a deadline of tomorrow? Mayor Carollo: Because we have to finish this budget tomorrow; otherwise, we will be mailing out ourselves the real estate property taxes. Vice Chairman Plummer: All right. Mr. Mayor, let's hope that we do. Commissioner Gort: Excuse me. Hello? Vice Chairman Plummer: I have one other question and then I'm going to shut up. 21 August 13, 1998 Commissioner Gort: You only going to be here two hours. You got an hour and forty-five minutes and... Vice Chairman Plummer: Mr. City Manager, Combo, how much is in this budget for overtime for the Police Department? [NOTE FOR THE RECORD: AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 11:16 A.M.] Mr. Warshaw: We'll get you the numbers. Vice Chairman Plummer: All right. While you're getting that number, Mr. Gort. Commissioner Gort: Now, my understanding ... and I want the Mr. Mayor, since he's the one that's been going to the meetings and you, City Manager. My understanding is, I know we're under a deadline, which a certain decision that we have to make in order to comply to the deadline. Now, my understanding now, you're stating that a certain contracts approve, although we make the decision, all of the variables could change with the exception of the 10 mills ... except the mills, am I correct? Mr. Warshaw: And even that could change between now and September. Commissioner Gort: Between now and September. At the end of September —beyond September, if we do get some reoccurring revenues, some of the increases could be changed? Mr. Vilarello: Not the prelim ... not the fire assessment. That's set on an annual basis. Commissioner Gort: That is set also. That's why it's important that we understand these things. Mr. Vilarello: The Solid Waste fee you would also set on an annual basis but you do collect in two installments and, therefore, you could reduce it. Commissioner Gort: So, what we're saying is, whatever decision we make tomorrow, it will have to stay for the rest of the year, the fire and the mill? Mr. Warshaw: Correct. Commissioner Gort: It's important that we all understand that, if we don't go on false pretense. Because we got to make that decision tomorrow. I'm ready... Vice Chairman Plummer: All right. Commissioner Gort: I haven't finished. Vice Chairman Plummer: I'm sorry. Commissioner Gort: You gave me the ... J.L. appointed me to this Information Technology and I've been doing some reading on this, learning quite a bit. My understanding, in going through the proposal that we have, we're going to have around three million dollars ($3,000,000) of savings for the next five years. Vice Chairman Plummer: You're next and I'll be back. Commissioner Gort: In our budget for that department, do we show what we have today or what we're going to be saving when we sign that contract? On your five-year budget that you have for your department, do you have the figures of the old computer or you have the figures of the new computer? Mr. Aldo Stancato (Interim Director, Information Technology Department): Well, if we did nothing with the old computer, we would be spending over five years with nine million dollars ($9,000,000). Commissioner Gort: Listen. My question is, when you put your proposal together and your budget together, did you use the old numbers or the new numbers if we accept the contract? 22 August 13, 1998 Mr. Stancato: Right now we initially had put in one point four million dollars ($1,400,000) for —if the Commission had disapproved it and we took that out. We could probably come up with about another hundred thousand dollars ($100,000) off of the budget to cover our maintenance. Commissioner Gort: My question is in your budget, do you have the old computer or the new computer? Mr. Stancato: I have the new computer. Commissioner Gort: The new computer? Mr. Stancato: Right. Commissioner Gort: It's part of the budget? Mr. Stancato: Correct. Commissioner Gort: OK. So, the savings already being projected in there? The three million dollars ($3,000,000) savings already being projected in your budget? Mr. Stancato: Over the course of five years. Commissioner Gort: Over the five years. OK, thank you. Commissioner Sanchez: Mr. Dipak? Mr. Parekh: Yes, sir. Commissioner Sanchez: Good morning, sir. How are you? Mr. Parekh: So far, so good. Commissioner Sanchez: So far, so good. From my understanding here, although the contract has not been signed and there's no...I think there's an agreement now with Off -Street Parking, that's two point seven five million dollars ($2,750,000), if it does not get vetoed later. My understanding ... you know, go along with me on this one. The other is the four point four million dollars ($4,400,000) that ... the millage that's taxable, what J.L. Plummer said. Mr. Parekh: Yes, sir. Commissioner Sanchez: That right there, if I'm not ... is like seven million dollars ($7,000,000) in recurring revenue, OK. Then, on the hiring freeze and the savings that you provided here today, which adds up to about three point seven... Mr. Parekh: Correct. But you need to net it out. So, therefore, you need to use two and then seven fifty. So, it's two point seven five net. Commissioner Sanchez: OK. Commissioner Regalado: Excuse me. You said before three point two. Mr. Parekh: That is true. That's on a gross but we have to pay out monies for severance, ill time, vacation for people who leave. So, you've got to... Mr. Warshaw: We said it would take three point two million to save the two point seven based upon having to pay out severance packages. Commissioner Sanchez: So, that is where we are today? 23 August 13, 1998 Mr. Parekh: Right. Commissioner Sanchez: We have seven million dollars ($7,000,000) that, if everything goes OK with Off -Street Parking, we have that as recurring revenue, which we did not have when we first started off? So, we've made some progress here. Mr. Warshaw: That's correct. Yes, sir. Commissioner Sanchez: The other thing is, some of the items that were brought up by the longest serving Commissioner here on the dais, which is another about three million dollars ($3,000,000), which are deals that maybe won't go through or will go through. We can't count those so we'll just put those aside. Seven million dollars ($7,000,000). Now, if we... Commissioner Regalado: Excuse me, Commissioner. Why can we not count that? I mean, the Mayor said that that's the marching orders that you had from the Oversight Board. But I mean ... and you say that you would be very comfortable in going before the Estimating Committee in defending something like that. I don't understand that. Are they going to accept it or they're not? Mr. Warshaw: I can't speak for the Estimating Conference. Again, I'll tell you, Commissioner, there are various revenue sources at various stages. The one you mentioned, in particular, Merrill Stevens, is very close to being complete. So, that particular revenue source, once it is signed off by the Oversight Board, is then recurring revenue, legislatively approved in the budget and can be shown for the full term of the five years. Commissioner Regalado: But, Mr. Manager, my question is, are you willing to put it in the budget if you bring us tomorrow a budget? Mr. Warshaw: If the Oversight Board Committee has not yet approved the Merrill Stevens contract, it cannot go into the budget yet. Commissioner Sanchez: They made it very clear, if it's not under the contract, it is not accepted. Vice Chairman Plummer: But the reason it's not on the contract is their fault. Commissioner Teele: How much money are we talking about? Commissioner Regalado: We're talking about half a million dollars ($500,000). Commissioner Sanchez: No, more than that. Ms. Dena Bianchino (Interim Assistant City Manager): Let me just try to clarify the... Vice Chairman Plummer: Who are you? Ms. Bianchino: Dena Bianchino, Assistant City Manager. The Grove Harbour Project was, in effect, rejected by the Oversight Board. I wanted to clear up something with.... Commissioner Regalado: It wasn't rejected. Ms. Bianchino: Well, it was need ... we were required to change it or they're not going to approve it. They took six months to sign a lease. The whole hold up was not because of the Oversight Board and ... the parties themselves were given a lease. It took them six months to return it back to the City. I want you to know that. Vice Chairman Plummer: How long has it been on their desk now? Ms. Bianchino: Well, they don't have one on their desk. We received the notification from the Oversight Board that the lease was unacceptable. We sent it to parties involved. We are in the process of evaluating what we think the return to the City should be. It's going to be higher. They can then take it or leave it. I 24 August 13, 1998 mean, they have not agreed to anything at this point. And I just wanted to add one further thing. That once that lease is signed, they have six months before they pay any rent to do their due diligence on the property. They're going to do environmental studies, they're going to do all kinds of things. Vice Chairman Plummer: It is to be assumed, without any question, that we will do no less than what was already approved by this Commission. Ms. Bianchino: They may not accept it, sir. Vice Chairman Plummer: Who may not? Ms. Bianchino: The parties to the lease. They may say, if I have to pay more rent, I don't want this deal. Vice Chairman Plummer: No, no, no, it's not more rent. It's minimum guarantee, is my understanding. Ms. Bianchino: It's many different things. Vice Chairman Plummer: Well, it's either minimum guarantee and/or percentage, whichever is greater. And it ... let me tell you something. This vote, when I voted on it, never ever really looked at the minimum annual guarantee because if that's all they're going to do ... I mean, we've got ... I learned my lesson in Bayside. Bayside has absolutely stuck it into this City and broke it off. Ms. Bianchino: Right. Vice Chairman Plummer: Remember, their projections showed minimum annual guarantee of a million dollars ($1,000,000). In 45 years they were going to pay this City six hundred and seventy-six million dollars ($676,000,000). You know what? They have never ever paid above minimum. Ms. Bianchino: You're correct. Vice Chairman Plummer: All right. Mr. Regalado, do you have anything else, sir? Mr. Teele? Commissioner Regalado: Yeah, I do. Vice Chairman Plummer: Oh, I'm sorry. Commissioner Regalado: No, no. Commissioner Teele: Would you yield on this point? Commissioner Regalado: Sure, absolutely. Commissioner Teele: Ma'am, when are you going to give us something in writing? Ms. Bianchino: We should... Commissioner Teele: The oral history is fine but I want to be very clear to the Manager and to the Assistant Managers and the Department heads. We have got to stop doing business like a third world municipality. If all of this is being done and decided, this Commission should be informed in writing. Now, have we been informed in writing of what you're informing us of today? I hear two of...three of my colleagues assuming that the money is available for this year. I hear very clearly ... you are very clear, ma'am. I hear very clearly what you're saying. We can discuss this until the cows come home. There ain't going to be one dollar in FY '99 that will be approved by the Oversight Board when this discussion is over, whether we do it in two minutes or whether we do it in two hours. If they've got six months to review the lease... Ms. Bianchino: No, due diligence. After they sign the lease. Commissioner Teele: Well, they've got six months for due diligence and any lawyer in this town, even one just out of law school, will be able to advise someone on how to get out of this lease in any kind of due 25 August 13, 1998 diligence. So, let's be fair. I mean, the management needs to be fair with us and we need a management staff that's going to have the honesty and the integrity, please, to come to us and say, Commissioner, with all due respect, there's not going to be any consideration this year in the budget for this because it's too uncertain and until we have a signed lease, the Oversight Board is not going to let us consider it. Is that a fair statement, Dipak? Mr. Warshaw: Commissioner, I'll respond to that. It's a fair statement and, with all due respect, that's exactly what I've said and that's why it's not in the Five -Year Plan. Vice Chairman Plummer: Yeah. And if you take an attitude that you're going to just let that go by the board and not kick butt, we're going to be down there next year talking about the same thing. Commissioner Teele: But, J.L., the issue here is not this lease. The issue here is two issues. The FY 99 budget, which we've got to agree on today. Vice Chairman Plummer: It's five and five -years. Commissioner Teele: And the second issue is the Five -Year Plan. Vice Chairman Plummer: Correct. Commissioner Teele: But you cannot do the Five -Year Plan if you don't do year one. You can't do year three until you do year two. So, again ... I mean, I don't mean to make this basic or elementary but the problem, J.L., that we got is, we spend a lot of time on things and we're all frustrated. We're all working hard. We're all committed to trying to come up with a solution but we're really not ... we're really not getting there because we don't have the documents. Now, what I need ... what I thought we were going to have and I apologize. I've been in the meeting that was called a public meeting with people from all over the Country today in my district and, I mean, I had to leave 50 people in a room and I apologized to my district but I've got to balance my district with the City of Miami. But what I thought this meeting about, Mr. Chairman, Mr. Manager, was about the budget cuts, department by department, which I will tell you right now, I don't think you're going to get it but I'm willing to participate, Commissioner Regalado, and support you, as my colleague, in what you are asking for and what Commissioner Sanchez is asking for. Now, I want to see ... and, again, this ain't my deal but I'll support the deal. I want to see the budget cuts department by department, that this meeting was called for. Vice Chairman Plummer: Mr. Manager, you'll have that prepared prior to ten o'clock tomorrow morning. Now, Mr... Commissioner Teele: Hold it. It's not that easy, J.L. The Commission cannot vote on something. Say we're going to require this, come for a meeting on this issue. This meeting was called on one issue. That is, the budget relating to the issues that Commissioner Sanchez, Commissioner Regalado, Commissioner Gort ... you and I basically talked about revenues, OK? And this is a two-sided equation, revenues and expenses. And I think ... I hope, Commissioner Gort, you and I are close in getting Commissioner Regalado to get closer with us and, hopefully, Commissioner Sanchez on revenues. Vice Chairman Plummer: Mr. Teele? Commissioner Teele: But before ... I'll yield back but before I do, I think, J.L., we're playing ... we just keeping putting off and this is why we're in this box. We keep putting off until tomorrow. Vice Chairman Plummer: No, tomorrow is amen. According to the City Attorney, if we... Commissioner Teele: J.L., you're going to leave at noon. Vice Chairman Plummer: Excuse me. Mr. City Attorney, advise him as to what you advised us prior to his arrival, that tomorrow is the cut-off date, amen date. Mr. Vilarello: If you're going to address issues of fire assessment, you need to make that decision by tomorrow on a preliminary basis. 26 August 13, 1998 Commissioner Teele: Well, why don't we discuss... if that's the timetable, critical timetable that you're putting on the table, why don't we discuss that now? But I say, once we finish discussing that, let's go back to the order of the day. This meeting was called for one reason today and that is budget cuts department by department and ... Mr. Clerk. Hold on. Mr. Clerk, you can start getting the names of these departments alphabetically, OK, by department head name because either people are going to put cuts on the table and we're going to leave here today saying we're going to make cuts or we're not going to leave until we decide we're going to raise revenues. Now, we can't have this thing both ways. And I've got to tell you something, J.L., I think this Commission's being set up. Because I got to tell you something, if we leave here today and don't have a consensus on a direction for cuts and a consensus on a direction for revenue, it's going to be darn near impossible for us to have any independent thought on this tomorrow. It's just too much. Vice Chairman Plummer: I hear you and we'll proceed accordingly. Let me touch on one subject. Mr. Manager, I've said to managers before and I'm going to say it to you, sir. A smart Manager does not let me read about my City in the paper, OK. I read yesterday's paper about you and Mr. Dipak had been talking to SEC (Securities Exchange Commission). Mr. Warshaw: I haven't spoken to SEC. Vice Chairman Plummer: The City has. Mr. Warshaw: There have been several people who have been subpoenaed. I'm not sure who they all are but I have not spoken to them. Vice Chairman Plummer: I'll ask you a simple question. Has anything been forwarded to any one of my colleagues or the Mayor or informed of what's going on? Mr. Warshaw: Commissioner, the SEC ... I don't know the answer to that. Vice Chairman Plummer: Very simple. Well, you're the Manager. You've got to have the answer. Now, all I'm saying to you is, when I picked up that paper yesterday morning and people are asking me questions and I can't answer them and I'm reading about it in the newspaper for the first time, Mr. Manager, managers usually don't last long doing that kind of activity. I'm saying, keep this Commission informed. I don't want to read about it in the paper. Now, that's besides the point. My other question that I had, which was my last question, how much in the budget for overtime in the Police Department? Mr. Parekh: Six point seven. Vice Chairman Plummer: Why is it above five point two? Mr. Parekh: Because five point two just deals with one segment of the overtime, which is basically court -related. The rest of it is... Vice Chairman Plummer: For this Commissioner, tomorrows vote is five point two and anything above that in the year would have to come back before this Commission for the purposes of approval. That's this one vote. Commissioner Teele: J.L., may I ask one question on that? Vice Chairman Plummer: Ask all you want. Commissioner Teele: How much of the overtime is general fund? I mean, I'm willing... Mr. Parekh: All of that is general fund. Commissioner Teele: If it's reimbursed overtime from a grant... Mr. Parekh: Not this. 27 August 13, 1998 Vice Chairman Plummer: No. Commissioner Teele: This is all general fund overtime? Mr. Parekh: This is general fund. Vice Chairman Plummer: Yeah. And, you know, to me, overtime in business is poor planning. Very poor planning, OK. Charlie, you want to talk about the Sanitation Department? That man has been on his feet every time I turn around need 36 more employees, which should be in the budget and it's not there. Not there. So, what do they do? Instead of putting the 36 employees in the budget, they just keep the others out on Saturday and Sunday and holidays and overtime. Commissioner Teele: And burn them out. Vice Chairman Plummer: That's it. Commissioner Teele: And get the worker's comp problems and all the other things, so you don't save a dollar. Vice Chairman Plummer: OK. To my colleagues... all right. To my colleagues, how do you want to pursue the rest of the day? Commissioner Regalado: I will tell you that, if we're going to leave here ... even I would ... I could stay even if you have to leave but I think that the Manager has to have a precise idea of cuts. This Commission, like Commissioner Teele said, asked the Manager to come back with cuts. This is why I kept talking about this three point two million. This is ... and...which is, happens to be only two point seven million dollars ($2,700,000). So my message to the Manager is that the Department Directors have to be asked, in terms of their budget and the Manager has to come up with more amounts of cuts. Mr. Warshaw: Commissioner, I'd like to respond to that, if I can. We've already gone through budget hearings, which I thought I alluded to last time with the previous Manager. Other than the cuts that are in this Five -Year Plan, which are the two million dollar ($2,000,000) for the nonrecurring, one-time staged hiring and the seven hundred and fifty thousand dollars ($750,000) in unclassified salaries, there are no other cuts. I'm not recommending any other cuts and I am not going to be recommending any other cuts tomorrow and that's it. They're just not there. So, I want to state that on the record. Commissioner Regalado: OK. Commissioner Teele: Here, here. Commissioner Regalado: So what is the overtime? Mr. Warshaw: I'm sorry? Commissioner Regalado: The overtime issue, the one that J.L. just... Mr. Warshaw: The overtime issue for police? Commissioner Regalado: Yes. Mr. Warshaw: The overtime projections are based on real overtime usage and it has to do with a combination of court overtime. In this particular year, it had to do with that fifth date beat that I told you about, that started in the first quarter of this year, when the staffing of the department was in the low nine hundreds. So, these are projections based on previous year. We have brought overtime down, particularly the court overtime, through the day shifts and working through the court system to try to eliminate some of the piggy backing that was written about, you remember earlier in the year, in the Collars for Dollars article. So, the overtime numbers have come down dramatically but they're high. There are contractual commitments on minimums for court overtime and, of course, there are substantial regular overtime, events overtime. I mean, it's a number that's real and it is what it is. And I'm not saying it shouldn't be attempted to 28 August 13, 1998 be brought down and we're constantly trying to bring it down with a lot of success, but I can't tell you now that five million is a real number for next year. Commissioner Regalado: Well, what would happen if this Commission would vote in favor of only five million? Vice Chairman Plummer: Excuse me. If you're using my example... Commissioner Regalado: I'm using your example. Vice Chairman Plummer: ...I didn't say that we were not going to let him have more than five. Commissioner Regalado: No,1 know what you said. They have to come back here. Vice Chairman Plummer: What I'm saying is, if they have more than five, they've got to come up before Commission and justify it. That's what I'm saying. Commissioner Regalado: I know what you're saying. But I'm asking. So, what are the consequences if we were to vote on that figure and if you need more, you have to come back? Mr. Warshaw: The only consequences are ... would be... Commissioner Gort: It's not in the budget. Mr. Warshaw: If it generated more dollars, then, we'd have a deficit. And what I'm trying to tell you is, I want to give you and honest accounting of what the numbers are and not fool you into saying it's only going to be five million and then, next year, we're right back here having the same discussion. I can tell you we have had a lot of success in bringing overtime down. I'm committed to continue to bring it down. We've worked hard and we have brought it down, but I cannot say it will be five million. Commissioner Regalado: But, Don, you agreed... everybody agreed that within a few months we will have some revenue issues that will be brought to this Commission and will be approved by the Oversight Board. Mr. Warshaw: Definitely. Commissioner Regalado: So, I don't see a major problem if we put in the budget five millions and then ... I mean, next year we're going to have enough revenue to offset the possibility... you're saying no. Why is that? I mean... Mr. Warshaw: I agree with you a hundred percent that... Commissioner Regalado: He doesn't. Mr. Warshaw: As new revenues come in ... let's go back to the example of the Grove Harbour Lease. Let's assume that that was passed and approved and agreed upon by the parties next week, but you've already gone ahead and approved fees and millage increases. Now, you have some opportunities only in one area in the Solid Waste fee to try to back some of those numbers out and how and when, mechanically, you do that during the year is really up to the Commission. I can tell you there will be absolutely, unequivocally additional recurring revenues coming to the City in the next fiscal year and those numbers can offset some of the things you might do here today or tomorrow. I just don't know what that number is today. Vice Chairman Plummer: Mr. Gort? Commissioner Regalado: Is it possible.. just one last question. Is it possible then that we have in this budget the figure of five million dollars ($5,000,000) for overtime? Vice Chairman Plummer: Absolutely Commissioner Gort: Yes. 29 August 13, 1998 Vice Chairman Plummer: Absolutely. Mr. Warshaw: You're saying, is it possible to put that number in there? Commissioner Regalado: Yes. Vice Chairman Plummer: With the proviso that if it has to be changed, that it has to be justified before this Commission. We might say to you, no, we're not going to allow it. Mr. Warshaw: Commissioner, you can put that number in there but I can tell you that the Estimating Conference and the Oversight Board is looking at past revenues and expenditures. Commissioner Regalado: But what are we here then for? I mean, you know... Vice Chairman Plummer: You know, if they're going to the City, let them run it. But, as far as we're concerned... Commissioner Regalado: If the Estimating Committee says we cannot do this, we cannot do that. Why are we here? Vice Chairman Plummer: Mr. Gort, you have the floor. Commissioner Gort: Now it's very important that we clarify this. My understanding is, whatever decision we take tomorrow, some changes can ... we have budget hearings in September. We got until the end of September that, if we have additional revenue that we have identified, then we can change it. The fire fee and the millage. That can be changed to after September, that stays? Mr. Vilarello: In September. Part of the budget process, you can reduce both the millage and the fire assessment during the budget process. Commissioner Gort: It's important for all us to understand that. Commissioner Sanchez: Can we go back to one issue? Vice Chairman Plummer: Excuse me. September is public hearings. Not being able to... Commissioner Teele: I really want to hear Commissioner Gort finish his train of thought. I mean... Vice Chairman Plummer: Oh, I thought he did. Commissioner Gort: I'm a little slow, J.L. What can I tell you. Vice Chairman Plummer: I'll wake you up. More coffee, please. Commissioner Gort: Takes me a lot to learn. The thing we have to look at is, we got to make a decision tomorrow. From here to tomorrow, we should identify it and, hopefully, I think each one of us should call up the Board of Directors of the Off -Street Parking, tell them how we personally think about their department and what we think can be done. That can be and additional two million dollars ($2,000,000). Teele, you said it, the Director are not going to come back with any cuts, so let's not look for some of those cuts. They're not going to be here. They've already gone through the process, it's my understanding. And I want to impress on the public to understand also ... like you said, Teele, everything being blamed on us, that we don't have the guts. They used the word guts and ... but in the private sector, let me tell you, it takes a hell of a lot of meetings to get your budget and even after you do your budget, your projections, a lot of times, don't go according to your budget because they're all projections also. And that's why you got the stock market going up and down because the projections have "x" amount of revenues and the revenues didn't come in so ... but, nevertheless, I think we need to talk to the Board, to whoever approves our contracts, and we got to make sure to see what's the maximum that we can do. Whatever decision we take tomorrow ... and it's important for people to understand, the reason we doing this, we're trying to make the burden as small as 30 August 13, 1998 possible. We're trying to be as adjustable and across the board as much as we can. It's not that we disagree. It's not that we're having a fight. Five people thinking is a lot better than one person and a lot of staff thinking, you can be very creative and that's what we're trying to do. So I don't want the ... you know, the press keep saying, well, they have not come to and agreement. I think we have come to some consensus. We agree on certain things and we have better perspectives on what we're going to do. We need to take the decision tomorrow but we also need to understand, if we identify revenues, by any chance we can cut, we can change those in September during the public hearings. Now, I've got a favor to ask. I might be out of the country on September the 22nd or I'll be coming back on September the 22nd. Vice Chairman Plummer: We'll send the sheriff. Commissioner Gort: I would like to change that meeting, if possible. Vice Chairman Plummer: Not today you can't but we can do it.... Commissioner Teele: Which meeting? Commissioner Gort: September the 22nd. Commissioner Teele: Which meeting is that? Vice Chairman Plummer: That's the second meeting of regular Commission. Commissioner Teele: That's not the budget hearing? Vice Chairman Plummer: No. Well, it will be because we have to have it ... ifs two of them at 5:05, so whatever the second meeting is is a second budget hearing. Commissioner Teele: Well, hold it now. Commissioner Gort: Can we move to... Commissioner Teele: Hold it. If I may. Commissioner Gort: Sure. Commissioner Teele: There's a requirement that the budget hearing be advertised for 30 days, is it? Or whatever it is. We need to look at that requirement and we need to ... because this is a ... this is not Dade County rules of Commission Ordinance. This is state law. State Constitution. So whatever that issue is, we need to resolve that, if possible, today. Because that has to be set for a public hearing and that public hearing has to be noticed and, by the way, under state law, the meeting cannot begin until 5 p.m. Vice Chairman Plummer: Five oh five. Commissioner Teele: Is it five oh five? Vice Chairman Plummer: All right. Can we legally do that today? We're on a special call Mr. Vilarello: What you can do is, you can give the Manager direction to consider the issue. We'll make sure that it complies with the Trim Bill and a notice requirements. In addition to... Vice Chairman Plummer: All right. Mr. Gort, what date are you recommending? Commissioner Gort: I'd like to extend it as much as possible. The 29th will give us much time to get ... try to get as much funds as we can. Vice Chairman Plummer: All right. Subject to all Commissioners having the right to check their calendars and there is no conflict and we'll make the final decision tomorrow, then we will plan on the second meeting of September being on the 29th rather than the 22nd. OK. Does the rebel of the Roads have anything else 31 August 13, 1998 that he would like to say today? Commissioner Sanchez: Is that me? Vice Chairman Plummer: The rebel of the Roads. Commissioner Sanchez: You're referring to me? Well, yeah, I do. I have one thing to make it very clear Vice Chairman Plummer: OK. Vice Chairman Plummer: If our constituents are going to make sacrifices, this City is going to have to make sacrifices. So clear. I can't put it any other way. Vice Chairman Plummer: Mr. Teele, do you have any further comments for today? Commissioner Teele: Well, yes. Vice Chairman Plummer: All right, sir. Commissioner Teele: I think the Commission is putting ourselves up against the wall. The Oversight Board has put us up against the wall. I think we clearly need to be in a position to understand that the Five -Year Plan is a budget and policy document. The one-year plan is a budget document, primarily. We have not given, I think, sufficient consideration to the policy implications of what we're talking about over the five years and I think we're just going to run out of time, gentlemen. I mean, we're all busy. We all have schedules. We're all on August vacation in recess. The Oversight Board will never note it. The Press will never note it. The public will never note it. Our wives and families will note it but we, like the City staff, are under tremendous pressure as well. Now, this is not a we verses them thing. And I want to speak directly to the City employees. This is not a "we" versus "them." We're not against you and I don't perceive that you're against us. But I don't think it's fair for this Commission to be asked to make cuts that are not going to be well thought out, well conceived if we don't get your professional help. The lowest paid department head makes five times what any Commissioner up here makes. Your pay grade is much higher. Your competence is much more in detail as to how we can make these cuts. Now, unless this Commission is going to raise revenues, which I support ... I've said it. I'm going to say it again. I believe the only long-term solution for the City of Miami, beginning in FY'99 and for the Five -Year Plan, is to raise as much revenue as we can in FY '99. Let's don't do it tear and taylor approach because all that's going to do is just get everybody mad. Folks are going to get just as mad about a thirty-eight cent... thirty-eight dollar increase in garbage as they are about and eighty-eight ... a hundred and eighty-eight increase. This is, you know, Politics 100. Once you... Vice Chairman Plummer: Sure don't agree with that. Commissioner Teele: Huh? Vice Chairman Plummer: I sure don't agree with that. Commissioner Teele: J.L., I got to tell you. You know, if you can show people that that's what it cost and there's not a lot of waste in this...and I think we can do that by developing a plan, which we all keep talking about is... Vice Chairman Plummer: Ahhh, that's right. Now, are you going... Commissioner Teele: Immediate plan to go out and mail out and give everybody thecomparables of what Opa Locka...and I'm not picking on Opa Locka or Coral Gables, but both of those... residents of those cities are paying in excess of three hundred dollars ($300.00)? Vice Chairman Plummer: Yes. Mr. Teele... Commissioner Teele: For garbage collection? And what we've created in Miami is, we have created ... we, the Commission, as an institution, has created this notion that there is something for nothing here and you're 32 August 13, 1998 going to get something for nothing. All that I'm saying, J.L., is this, we need to bite the bullet. The easy thing ... the recommendations are real easy. Transfer Solid Waste to the County. Privatize it. But you know what that is? That is political cowardness because both of those decisions is to raise the garbage fee to three hundred and fifty dollars ($350.00). Vice Chairman Plummer: Absolutely. Commissioner Teele: So, let's just put it on the table. So we've not accomplished anything by not addressing that. Now J.L, there's only three ways to raise revenues: Millage, fire fee and Solid Waste, at this point. Vice Chairman Plummer: And cuts. Commissioner Teele: No, no, no. Look, there's only three ways to raise revenue. Millage increase, which I believe, as a matter of policy, destroys your Five -Year Plan. I really do. I mean, I don't want to editorialize on that. J.L., the implications of going to a 10 mill is literally to put a gun to all five Commissioners' head for the next ... because you have nowhere to go. You have nowhere to dodge. You have no wiggle room. Fire fee is probably the fairest thing to do. You've outlined that several times. It has significant issues, I think, that we should consider with the City Attorney's counsel and advise one on one. And the Solid Waste fee. Now, we either are going to do a combination of those three or one or two of those things or not. Whatever we're going to do, J.L, if we can agree on increasing revenues by twelve million dollars ($12,000,000), then there is perhaps no need to talk about cost reductions. I'm talking about reductions. However, we're not going to do that. Vice Chairman Plummer: Mr. Teele, let me say to you ... when I disagreed with you that people are not going to feel the difference between thirty-eight and eighty-eight dollars ($88.00). If we had the assurance, we, the Commission, that when we raise that garbage fee, that the Sanitation Department was going to be given the help that they need, the equipment they need to do and would absolutely exhibit to the people of this community that the garbage is going to be picked up, the trash is going to be picked up, the lots are going to be cleared and the abandoned cars are going to be towed away... Commissioner Teele: The streets are going to be swept. Vice Chairman Plummer: ...there's no question in my mind that there's not a soul in this town, except a person who's on a fixed income, who would complain. Because we get more complaints today about trash on the streets, abandoned automobiles, lot clearing and if we were to take that and to put that into effect ... but you know what, who's going to sit up here and crack the whip to make sure that it's done? Who's going to crack the whip to say that money is not going the diverted to some other place? I'm saying to you, if I vote for a sanitation fee, there's going to be absolute great restrictions placed, that we're going to hire the people, we're going to buy the equipment and, let me tell you, in six months, not 12, in six months we're going to make a damn big difference in this town. And that, let me tell you, will make the people that call my office on daily times, will make them happy and that makes me happy because I don't have to put up with the complaints. Commissioner Teele: J.L, there are five Commissioners up here that agree with everything you said when you start talking about the delivery of the services. Before we talk about the revenue, there are five Commissioners here that have said everything that you're saying. Now, if we, as a Commission, are so...first of all, I don't think we ought to have to crack the whip. I don't think that's our role. But I will tell you this, from what I've seen over the last two months after ... in every meeting, intentionally, I've talked about garbage, illegal garbage, dumping and the lack of management attention of that. Unfortunately, you're more right than wrong about that issue. Now, what that means is that we have to work with our City Attorney and structure and ordinance whereby the Mayor, the Manager, the department heads and, for that matter, three Commissioners, can even go in their and get a thousand dollars ($1,000) to pay gas bills for the Fire Department, hypothetically, or the Police Department. I mean, we've got to lock that money up so tight. And you're absolutely right. If we can enhance the service in the neighborhoods, in the City, people are not going ... but there's no assurance. They don't trust us. Vice Chairman Plummer: There's good reason. Look at 1901 Northwest 1st Avenue. I told the administration two weeks ago of a stolen car and the car is still there. The building, the burnt out building is 33 August 13, 1998 still there. The entire block is an absolute blight disaster for people living and I'm ... I want to put on the record, I'm now hearing, well, if it was in white town, that wouldn't happen. All right. I have said that all the way along and I don't like to say it, but the lady across the street, who happens to be black, said to me and said to me more than once, if this was across the street from the Manager's - who's white - house, that place would have been gone. And you know what? Commissioner Teele: Welcome to Miami in 1998. Vice Chairman Plummer: Is there any further business to come before this Commission? Commissioner Teele: J.L? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Are we clear? I mean... Vice Chairman Plummer: I'm very clear. Commissioner Teele: I think the Manager has said it very clearly. Mr. Manager, I don't want to be adversarial with you but I think you should have said that yesterday or day before yesterday. I've said repeatedly, I don't think the Management is going to offer up any cuts. Now, I think you've been pretty clear. I would have much prefer you put it in writing and I would have much preferred you put it in writing at the very beginning and I really would have appreciated if we had come here today and found a memorandum, which, Mr. Clerk, I want you to make a copy of this and circulate it so that we all know what the Management's position is on budget cuts. Now, having said that, where are we going to get the fourteen million dollars ($14,000,000). 1 mean... Vice Chairman Plummer: There's not much question. Let's don't play games. I mean, the three sources you talk about. You know, we're going to have to fish or cut bait. Now ... so, let's don't kid ourselves. We can get so much in cuts so that we don't have to do any more than necessary in the impact of the penalty fees that are going to be. You know, let me tell you something. I'm going to make a confession. Confession is good for the soul. I snuck into Mr. Gort's district, all right? Commissioner Teele: Thank God, you're out of mine. Vice Chairman Plummer: I snuck in there because Mr. Gort had been saying to me, that, if you want to see the absolute disaster, go drive around the market. You know, my immediate question to Mr. Gort, is there a NET office in that area? Is there? Commissioner Gort: Let me tell you, there's a NET office and they're working very, very hard. Vice Chairman Plummer: Well, let me tell you. Commissioner Gort: The system, unfortunately, sometimes doesn't work with them. The biggest problem that you have, that car that you talked about, the NET will go there, my understanding is, they'll have to go through all this process with the bureaucrats and the courts and all that take and it takes three weeks to be able to take the car out. That's why I can't get them back. Vice Chairman Plummer: NO, it doesn't. It's 10 days. Commissioner Gort: Let me tell you. They're fining everybody within that ... and we, right now ... that' s why we needed to do that study a year ago but, unfortunately, it was not approved. Vice Chairman Plummer: You don't need a study, OK? I don't need a study to tell me to clean it up. Mr. Manager, I don't know if you've been over there recently. Mr. Warshaw: I have. Vice Chairman Plummer: But I think that Mr. Head Sanitation needs to ride over there and I want you to tell 34 August 13, 1998 me, tell me honestly, there isn't something you can't do about that. That is an absolute disaster. I mean, I've screamed about things in my district. I'm going to tell you, I feel sorry for the people in Mr.Gorfs district because, you know, if they put a fee on him, he puts a fee tomorrow on his people and you go over there and clean that place up, I agree with him, Mr. Teele, the people of that area are not going to be as heavily handed as they are with no showing of a difference. Commissioner Teele: So, J.L., let's do this. Let's agree on this. We agreed that there needs to be minimum standards. Now, Mr. Attorney, Mr. Manager, can you all meet together with the Budget and develop an ordinance that will accompany this or a series of ordinances that does one or two or three things. Number one, because of the way the budget has been structured, you can no longer treat the Solid Waste as an enterprise fund. Is that correct, Mr. Dipak? Mr. Parekh: Absolutely. Commissioner Teele: OK. But there are restrictions on accounts that we can establish. Mr. Parekh: Absolutely. Commissioner Teele: Internally. Mr. Parekh: Yes. Commissioner Teele: So, what we're going to create will be an internal account that will be restricted called the ... you all come up with a name. People get paid a lot of money to do that. What's that new office you all created? Office of Information. They got ... OK. Mr. Warshaw: Media Relations. Commissioner Teele: Huh? Media Relations. Come up with a name of it. At the same time, let's agree on what the minimum standards are. Because the real issue here is going to be this, we cannot have one district that is treated one way and another district that is treated another way. These need to be citywide minimum standards. At the same time, Dipak...listen to me just for one minute because you all ... I don't want to be here tonight. At the same time, there needs to be a distinction between residential and commercial. I want to see identified in the ordinance the commercial corridors that will be treated as commercial. In other words, we're not going to just have the Coconut Grove District and the Downtown District. There's a commercial district in Commissioner Gort's area. There's a commercial district in Commissioner Sanchez' area. There's a commercial district in Mr. Regalado's area. And what I'm trying to suggest to you this. There may be big commercials and little commercials but we've got to have some degree of standards, minimum standards, so that if 36 Street, which is a classic example, is viewed as a commercial district corridor, then everybody knows that that corridor is going to get 'x,Y and Z." You all need to develop, I believe, an ordinance that requires, I would suggest, a four/fifths vote to move funds out of it for these emergencies that are going to come up. Vice Chairman Plummer: Why not a five -oh? Commissioner Teele: I'll live with a five -oh. I think four/fifths is fair but five -oh. Because everybody's going to come in... Vice Chairman Plummer: Better. Commissioner Teele: Everybody's going to come in with an emergency that's very real and legitimate. You know, it could be whatever. And we need to agree on that, so that tomorrow we're not just voting on a Solid Waste fee increase or adjustment. We're voting also on the accompanying legislation that implements that. I would also offer this. I think there are two things that need to be considered, in lieu of a fire fee, and we ought to discuss this. We need to look at the supplemental waste fee and we need a professional recommendation on how to address the supplemental waste fee ... that' s paid by the commercials, excluding the condos and the whatever. I'm not talk about that issue ... to actually pay for the cost of these services. In other words, homeowners should not be subsidizing the sweeping of Downtown Miami every night and Downtown Miami ought to be swept every night. Coconut Grove. I'm not arguing about that. But 35 August 13, 1998 everybody ought to be able to stand on their own and we need standards for that and we need to ensure that the funding is adequate for that. And I would also suggest to you that the homeowners garbage should be allocated in such a way that whatever the increase is, that we're not just increasing the fee, that we're also adjusting or making an adjustment within that increase for the illegal trash. Otherwise, you're going to get into ... I think the lawyers will talk about the equal protection argument. Vice Chairman Plummer: One minute. I thought you had enough. Commissioner Gort: I need to clarify something for a statement that was made. My Allapattah NET or our Allapattah NET is one of the best. Those people work very, very hard. The problem is not only that but it's educational problem. If you look at the different neighborhoods, the different problems when it comes to sanitation. Mr. Warshaw: That's correct. Commissioner Gort: We need to educate our community also. Because let me tell you, J.L., one of the biggest problems that we have there and they're enforcing a lot of fines and fines of five hundred dollars ($500) that's being paid and I'm getting calls from some of those people that use ... and they used to be using the sidewalk to do business because they going after them. What I'm telling you is, we need to educate our community. We need to work in those programs and, besides all the sanitation, we need to do an educational program. We need to... Vice Chairman Plummer: Mr. Sanchez. Commissioner Gort: And we have to go after the illegal dumping because that's the best place where the do the illegal dumping. Vice Chairman Plummer: One minute for Sanchez and one minute for Regalado. Mr. Charles, this is not a public hearing, sir. Mr. Norman Charles: Thank you, sir. Commissioner Sanchez: Mr. Manager, some of the Commissioners made a request for you to provide us with 10 percent cut on each department and we did not get that and that was asked ... I think that Commissioner Plummer asked for that. Vice Chairman Plummer: What Commissioner Plummer asked for was a 10 percent projection for next year, one percent a month, not to exceed 10 percent of cuts for the total year. Commissioner Sanchez: Well, I want a 10 percent cut for each department head. Vice Chairman Plummer: Can I caution you on that? Commissioner Sanchez: Sure. Vice Chairman Plummer: OK. The word of caution that I have is that you're leaving to the discretion of the Department or you're just taking 10 percent off the top of their budget? Commissioner Sanchez: No. I want each department head to provide a 10 percent cut for their department. Commissioner Teele: Call it the Diaz ... call it the Mario Diaz Plan. Vice Chairman Plummer: That's it. Commissioner Teele: And just note that one department head in the State lost his job because he, basically, did some things that were ethically, intellectually, questionable and he happens to be one of the finest human beings that I've every met in my life. Vice Chairman Plummer: Mr. Regalado, you're going to close with one minute and this meeting is then 36 August 13, 1998 adjourned. Commissioner Regalado: Mr. Manager, maybe you or Mr. Dipak could answer this. Do we know how many residential are now been billed double for the garbage pickup, more or less? Mr. Warshaw: How are you to bill double? Commissioner Regalado: Yes. Mr. Warshaw: You're talking about improperly billed? Commissioner Regalado: No, no, no, no, no. Mr. Warshaw: I'm not sure I understand the question. Commissioner Teele: You're not talking about duplexes, are you? Commissioner Regalado: No, I'm not talking about duplexes. You see, the Fire Department went around the different areas of the City of Miami and they decided that there was some illegal or legal units, whatever they ... thafs the case. So, they had to pay ... maybe Carlos knows. They had to pay ... but now it's a task force... Mr. Warshaw: I understand. Commissioner Regalado: ...issue now. But I'm just asking this question so my colleagues would understand that what some people are going to have to pay in terms of garbage fee when we decide on what we're going to decide tomorrow. You have an idea, Carlos? Fire Chief Carlos Gimenez: Well, the Task Force went around and identified about five thousand additional billing units. Meaning that there are living units that were ... they may have been a house, that they're now an additional living unit there. That should correctly have two billing units for its purposes of Solid Waste, so that's what we did. We identified additional living units that were not there before. Commissioner Regalado: So, there are five thousand residentials? Mr. Carlos: There's an additional five thousand. Last time I heard, it was about a five thousand additional billing units. Vice Chairman Plummer: All right, ladies and gentlemen, this meeting is now adjourned until tomorrow morning at 10:00. Commissioner Teele: Mr. Chairman, how long are we going to go tomorrow? Because I think that there's got to be an agreement at some point, that we're going to go as long as it takes. Vice Chairman Plummer: Sir, I don't think tomorrow should take more than about thirty minutes. Commissioner Teele: J.L., with all due respect, that's your opinion and you're going to have one vote when it gets down to that but I'm going to tell you this, I am not going to let the Governor and the Oversight Board play in —remove this Commission or take over this Commission's authority because someone writes a news story that the Chairman of the Commission felt that we only needed thirty minutes to do aFive-Year Plan. Vice Chairman Plummer: Excuse me. Commissioner Teele: And that's what you're going to get quoted on, J.L. Hold on. Let me just say this. We need to commit, as a Commission... because, J.L., this Commission is getting beat up in circles that you are not —obviously, are not aware of and we're getting damns and lugs (phonetic) dropped on us that we don't care, that we're not committed, that we don't really have the courage to do it or the energy to do it, you know, and all of that kind of stuff. And we don't need to put out there in the orbit that we're going to be in here for thirty minutes. We need to commit that we're going to be here as long as it takes, if it takes until 37 August 13, 1998 midnight. Vice Chairman Plummer: That is fine and I have no problem, except for a period where I would have to recess and come back. We are initially set for two hours and we can go to lunch and come back after that, which will allow me to do what I have to do for the two hours that I have, if it is necessary. Commissioner Teele: But, J.L., I'll... Vice Chairman Plummer: You asked me my opinion of how long I thought it should take tomorrow. That is still my opinion. Commissioner Teele: No, I didn't ask you that. I asked you how long are we prepared to go tomorrow. Vice Chairman Plummer: Along as necessary. Commissioner Teele: As long as it takes. Commissioner Regalado: As long as it takes. Vice Chairman Plummer: As long as necessary. Commissioner Gort: Let me tell you, we got to make the decision because we're not going to let anybody else make it for us because, if anybody else makes it, it's going to be worse. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:07 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK JOE CAROLLO MAYOR 38 August 13, 1998