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HomeMy WebLinkAboutCC 1998-09-14 MinutesCITY OF MIAMI * �. INCORN ORATEU � *� COMMISSION MINUTES OF MEETING HELD ON September 14, 1998 (Special Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk INDEX MINUTES OF SPECIAL MEETING September 14,1998 ITEM NO. SUBJECT LEGISLATION 1. (A) COMMENTS REGARDING NEED FOR LOT 9/14/98 CLEARING IN CITY. DISCUSSION (B) COMMENTS REGARDING MISTAKE IN 1-2 ADVERTISING THE TIME FOR TODAY'S FIRE FEE PUBLIC HEARING. 2. CONFIRM MAYOR'S APPOINTMENT OF DONALD 9/14/98 WARSHAW AS CITY MANAGER UPON FINAL R 98-883 APPROVAL BY OVERSIGHT BOARD — APPROVE 2-13 PROPOSED COMPENSATION AND BENEFITS PACKAGE — INCLUDE SEVERANCE PAY WITH CONDITIONS. 3. DENY PROPOSED EMERGENCY ORDINANCE TO 9/14/98 AMEND CODE: :ALCOHOLIC BEVERAGES LICENSES IN M 98-884 COCONUT GROVE — COMMENTS CLARIFYING 13-24 RECORD ON POINT OF ORDER REGARDING POCKET ITEMS. 4. (A) PUBLIC HEARING — APPROVE RE -IMPOSING FIRE- 9/14/98 RESCUE ASSESSMENT FEE FOR FISCAL YEAR R 98-885 BEGINNING OCTOBER 1, 1998 AND ENDING 24-78 SEPTEMBER 30, 1999. (B) DIRECT CITY MANAGER TO RESEARCH PAYING ASSESSMENT FEE IN INSTALLMENTS — FURTHER DIRECT MANAGER TO INFORM PROPERTY OWNERS OF AVAILABILITY TO PAY FIRE ASSESSMENT IN INSTALLMENTS. (C) DIRECT MANAGER TO STUDY ELIMINATING ALL NON- CAPITALIZED FIRE FEES — FURTHER STUDY INCORPORATING SAID FEE INTO SOLID WASTE FEE NEXT YEAR. (D) DIRECT CITY MANAGER TO ADDRESS DURING FINAL BUDGET HEARINGS NUMBER OF NOTICES SENT AND AMOUNT OF MONEY COLLECTED FROM VOLUNTEER PAYMENTS. MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 14th day of September, 1998, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:09 p.m. by Commissioner J.L. Plummer, Jr. (hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Wifredo Gort (District 1) Commissioner J.L. Plummer, Jr. (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado ( District 4) Commissioner Arthur E. Teele, Jr. (District 5) Donald Warshaw, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk 1. (A) COMMENTS REGARDING NEED FOR LOT CLEARING IN CITY. (B) COMMENTS REGARDING MISTAKE IN ADVERTISING THE TIME FOR TODAY'S FIRE FEE PUBLIC HEARING. (COMMENTS MADE PRIOR TO MEETING OFFICIALLY CONVENING:) Vice Chairman Plummer: Ladies and gentlemen, if I may, this meeting is a special meeting and only those items that are pertained in the call at the time of a special meeting can be, in fact, discussed. For four o'clock there are two items. The first item is confirming the City Manager's appointment as City Manager. The second item is, in fact, the alcohol related item of Coconut Grove and not until five o'clock, even if we finish early, five o'clock will be the matter relating to the fire fees. Those are the only three items that will be handled today with any action. We are awaiting a third Commissioner. Hopefully we're waiting three Commissioners and, in fact, we will get started. Mr. Manuel Gonzalez-Goenaga: Are these items public hearing? Because I don't want to waste my time here, Mr. Plummer. I September 14, 1998 Vice Chairman Plummer: Mr. City Attorney, guy standing over there wants to know if its -- are these public hearings? I think -- just for the record, if you'll look at the agenda, only the five o'clock item is a public hearing. I can't answer for the other two or not. Mr. Alejandro Vilarello (City Attorney): The emergency ordinance would be a public hearing. Vice Chairman Plummer: All right. Mr. Boom -Boom, I am told that you can speak or anyone can speak on Item 2 and on Item 3; that Item 1 is not a public hearing. Mr. Gonzalez-Goenaga: Thank you. Vice Chairman Plummer: All right. We have a request to try to keep a semblance of order. Without everybody rushing this pretty lady and mobbing her, I think most of you are here for the fire fee discussion. I would ask anyone who wants to mob her, just take it easy. Commissioner Sanchez: Mr. Plummer, earlier today apparently there was a miscommunication of some type and we had like two, or three buses full of citizens that came earlier today and they thought the meeting was at ten o'clock this morning. It was at four. And I believe we owe them an apology for that because they drove all the way up here for this and then... Vice Chairman Plummer: Mr. City Attorney, I would ask the question to be prepared to your answer. For whatever reason, there was, in fact, a mistake in the advertising -- I think everybody ought to be listening to this so that later you don't say you didn't hear it. There was a mistake in the advertising for the fire fee public hearing. I was shown a document where that was, in fact, advertised for 10 a.m. this morning. There were two bus loads of people who, in compliance with that advertisement, came this morning. I do not know whether or not they will be back here at five. They were so instructed that, at five o'clock, it would be discussed this afternoon. So, I'm going to ask you, when the meeting starts, as to whether or not you feel we are in proper perspective to continue to hear it today? The Mayor wishes to handle the first item and he has asked that a full Commission be present. Is there any way we can find out if Mr. Gort is present or will be present shortly? With all the high priced help in the back, officer, would you have the people come in and have a seat please, especially the one in the brown suit? OK, we're going to wait for Mr. Gort. Mr. Gort has just arrived. Mr. City Manager, can I ask you a question? Raul, are you listening? Mr. City Manager, in my ongoing, so that I'll be prepared to speak to my lot clearing committee, is there any reason, that you know of, why the lots that are not in compliance don't have any kind of a posted sign on the front that they have been posted? I think it would go a long way in posting to do that and I would appreciate that that be done immediately. Would everybody please stand for the invocation and the pledge of allegiance. Will be lead by Mr. Gort with the invocation and Commissioner Teele in the pledge of allegiance. (An invocation was delivered by Commissioner Wifredo Gort, who then led those present in a pledge of allegiance to the flag. At this point, the meeting was officially convened.) 2. CONFIRM MAYOR'S APPOINTMENT OF DONALD WARSHAW AS CITY MANAGER UPON FINAL APPROVAL BY OVERSIGHT BOARD APPROVE PROPOSED COMPENSATION AND, BENEFITS PACKAGE'_.— INCLUDE SEVERANCE PAY WITH CONDITIONS. Vice Chairman Plummer: Mr. Mayor, it's yours. Mayor Carollo: Thank you, Commissioner Plummer. Good afternoon to everyone here and at home today. The first item in today's afternoon agenda is the confirmation of the appointment of Donald Warshaw as City Manager. I will begin, by starting with Commissioner Plummer, to ask any questions that he might September 14, 1998 have of the Manager and once the members of the Commission have finalized the questions that they might have of the Manager, then I would open up the floor for motions. Vice Chairman Plummer: Mr. Mayor, my conversation with the City Manager, as you know, as I've indicated previous, is my very much concern about the NET (Neighborhood Enhancement Team) offices. The Manager is very well aware of my concerns. He has concerns but he also has a concern that he wants time to do it properly and I cannot argue with that. That is the only thing that I have asked him to work with me on. As you know, that out of 13 NET offices, five are in my district. I didn't design it that way. It just happened that way. You heard me, Arthur? And all I'm saying is that, up until about a year or two ago, the NET offices were the best things we had going for this city. Now, for whatever reason, the deterioration has occurred. It's got to stop and we've got to turn it around and start making it what we knew it to be and even better. So, Mr. Mayor, I have no further concerns with the City Manager. I guess it's the last time I'll be able to call him the Combo. Amen. Mayor Carollo: Commissioner Gort. Commissioner Gort: Well, I met with the Manager and Chief and I think it will be the last time I'll be able to call him Manager and Chief, which is a dual ... and the one point that J.L. -- when I did my campaign'93, was based on the NET -- I'm a great believer in the NET system, but the system -- the concept is good but it's as good as the people that's in it and that's very important that we get it going and we talked about it and talked. I'm sorry that I missed about your lot clearing but one of the things we need to do is make sure our city properties are well maintain. And I went to Bobby Maduro Stadium the other day and, let me tell you, that was in bad shape. The last four months that I've been working with the -- with Warshaw, the response that I received and the actions that I've seen that he's taken have been very professional and very good and that's all I'm requesting of him, to make sure that he serves as the Manager. He's no longer the Chief and that has been committed so, I don't have any other questions. Mayor Carollo: Thank you, Commissioner. Commissioner Sanchez. Commissioner Sanchez: Yes. I've had the honor of working with Mr. Warshaw as a police officer with the Florida Highway Patrol and here at the City Commission. I have the utmost respect for the gentleman. He has been here through the storm that we've dealt with our financial burden and all the responsibilities that face our local government. I've reviewed his package, which I don't think it's that big of a deal, but I'll tell you one thing that I'm very concerned and I'd like to ask him and I give him the courtesy of speaking to him before so he was well prepared for this statement. It is that I do not think that we, the tax payers, should pay for his legal services of thirteen thousand dollars ($13,000), when these services were obtained when he was not a City Manager. He was a Chief of Police. At which time, he was fighting for his job. But I like to give him the opportunity to express to the public why he thinks that we, as tax payers, should pay those thirteen thousand dollars ($13,000). Mr. Donald H. Warshaw (Interim City Manager/Chief of Police): Thank you, Commissioner. Well, I don't think I have to tell you what transpired back in November but, basically, when the former Mayor attempted to remove me as Police Chief, with the complete and total backing of this Commission, I would find myself, night after night, engaged in middle -of -the -night conferences with staff members of the former Mayor; attorneys who were representing the former Mayor and, of course, I had to represent myself and go out and seek an attorney and spend several months basically trying to survive in a job that eventually the State Attorney found the former Mayor to be in violation of the Charter and I don't feel that my position as Chief - - and I'm talking now as the Police Chief, having been sued as many police chiefs have been over the years, that 1 should have to pay the legal fees for an incident really that was not of my doing; that was found to be not proper, and I think I have the support -- I know I had the support of the Commission that was behind me. September 14, 1998 As a matter of fact, I was brought up to the microphone here on several occasions to have to outline, step by step -- I see Commissioner Teele smiling because he's the one who brought me up to the microphone. And it wasn't an event that I really want to have to recollect for long period of time. It's one of the more unfortunate events in my career with the City. But it did cost me a considerable amount of money. And I might add that the attorney representing the former Mayor, who was not a member of the City Attorney's staff, represented that the City would pay those legal fees. Commissioner Sanchez: Mr. Warshaw, I ask you to focus on two things that I think you should really focus on. The one is, I believe every Commissioner here expressed concern is to reduce our expenditure here at the City and I think you will do a good job on that. You've earned my respect for sure. That's without a doubt. And I wish you the best. Mr. Warshaw: I appreciate that. Thank you. Mayor Carollo: Thank you, Commissioner Sanchez. Commissioner Teele, you have the floor. Commissioner Teele: Thank you, Mr. Mayor. Mr. Mayor and Commissioners, let me say from the outset that I have not had the opportunity and pleasure, that I think every one on this dais, including Commissioner Sanchez has had, to work closely with Chief Warshaw in the past. My experiences with him have been very limited but I am very, very pleased to report that I think Chief Warshaw, as a Police Chief and as an Interim Manager, has performed in a superb, professional and outstanding manner in virtually every case and opportunity. There's certainly some things that I would have liked to seen the priorities different but it's my intention to not only vote for you, Chief Warshaw, pending someone -- I don't see anyone that looks like Monica out here -- coming forward today in the public hearing. I want to reserve my right, however, if there should be some great revelation that's unknown to anyone to come up. But in all seriousness, it's my intent to support you. Somebody just got it. Let me start out by saying that I have your resume and I think it's most impressive; that you have served in the City of Miami for all of these years -- is it 28 or so? Mr. Warshaw: Twenty-seven. Commissioner Teele: ...as a professional and so, I think the normal background checks and usual checks, notwithstanding the fact that you're a police officer, goes without saying and I'm grateful that you've had such varied experiences within the Police Department. Regarding the package that the Mayor has put forth as a recommended salary and benefits package, I think it is extremely conservative. I think it's austere. I think it's most appropriate, Mr. Mayor, and I commend you for putting forth a package that really does, I think, set the right tone and tenor. I have personally reviewed the retirement issue and I want to state for the record that I have found that the retirement that you have paid over these 28 or so years is money that's largely being contributed by you; that you have every right to your retirement money, and if you went to Wako, Texas or Podunk, Mississippi as the Manager, you would be able to take that with you and I certainly think that we should not even challenge or question the fact that your retirement is part of the package, is a part of your entitlement. It's not stated as a part of the package but it's your right and I support that. I do think that the benefits section needs to be more complete. I specifically think that you should have a home telephone, if you don't. It's not in the benefits package. I think you should have a home fax machine, if you don't. It's not in the benefits package. And other things that I think we need to be very, very clear and we ought to try to get a document that is fully complete and I would ask you to look at that and to submit us a revised document that shows that. As it relates to the legal fees, I think you should clarify for the record that, when I asked you to come up, it was probably one of the better things that happened for you in that process because it allowed you to put on the record what you would not otherwise put on the record and, of course, you did so with the advice of counsel, as appropriate, in that the counsel that had been assigned to you was inappropriately assigned to you and operated outside of our Charter and, that is, the Charter says 4 September 14, 1998 that the City Attorney is the legal officer for the City; that the Mayor created a legal officer, which was, quite frankly, ultra virus at that point, beyond his authority, and you relied upon the advice of an ultra virus lawyer who, quite frankly, it was later found by this Commission, he was operating outside of the Charter. So, I think you should put on the record, at least, that you being called to the record allowed you the opportunity to clear the record and to limit any liability or exposures that could have been related to you. And the decisions that you made, I think, specifically two decisions, terminating two individuals, who were subsequently reinstated by the State's Attorney. Mr. Warshaw: And I will state that, on the record -- and Commissioner, you're right. I remember that day very well and I certainly will never forget the fact that you called me to the podium and gave me the opportunity to tell everyone pretty much what had happened. And, again, it's a chapter in my life I'd like to forget. Commissioner Teele: But sometimes being called to the podium can be viewed as hostile and I just wanted to be very clear that when I called you to the podium, it was an opportunity to clear the record and limit your liability, in that you had relied upon the advice of a lawyer, who was not an appropriate lawyer, and I, therefore, find that the Mayor's recommendations, that your legal fees be paid, is not only appropriate but I think it is totally proper. I want to, if I could, touch upon two other -- three other brief areas. One involves operations, programs, including housing, and the other is human resources. And I've had the opportunity to visit with you, I guess the better part of an hour on Friday and again today, to discuss with you the things that I'm going to discuss now. I couldn't agree more with Commissioner Plummer in his concern about the deterioration of the NET offices. I think we have far too many NET administrators and, at the same time, I believe we have a commitment to these communities that ... where we have NET presents. And that we can make substantial savings by reducing or restructuring the number of NETS. They make no sense; they're not based upon population; they're not based upon the percentage of the tax base; they may be based on communities of interest, such as, let's say, in Overtown or East Grove or West Grove but it just seems to me that that's something that you need to review. Do you have a view that the NET offices need to be reviewed? And before you respond, I want to also offer commendations to you and some of the people that you have brought around you. I think Chief Martinez, who has been staffing this matter, is particularly, particularly sensitive and has gone about this in a professional manner to try to quantify the problems in the NET office and I'm just wondering if you and Chief Martinez, Assistant Manager Martinez, have had discussions on this? Mr. Warshaw: Many. And let me just back up a little bit and tell you that I was part of the inception of NET, the team that really created NET, even came up with the name NET, as a matter of fact, some years back and had have been and will continue to be very committed to decentralized basic service delivery. As Commissioner Plummer pointed out, in recent years it appears that NET has lost some of its ability and its interaction with other city departments to deliver those basic services. What I will pledge to you to, now that we have districts, which we didn't have up until some months ago, to work with the Commission; to find the right combination of NET administrators, NET offices, so that service delivery can be effectively dispensed to all communities in Miami. And we've have had many discussions about how -- the best ways to do that and I'm not sure I know at this very moment what the right number is but certainly it could use, at the minimum, some fine tuning. Commissioner Teele: Thank you. And I think that's helpful. I don't want to pressure you on personnel matters but I do want to say this, there needs to be a NET coordinator or a super NET or a big NET, poppa NET, momma NET, if you will. I realize that the Assistant Manager has taken that on as a responsibility but do you have a view as to whether or not there should be a NET coordinator and will you commit that, if there is such a position, that it will be available to anyone in the city to compete on a basis based upon merit? And I could further say that I think whoever the NET coordinator is or whatever that relationship is, that September 14, 1998 person needs to have a special and unique and close working relationship with our Mayor because, again, while the NET offices at the district level will be working with the various district, I think the overall coordinator needs to have a unique and close relationship with the Manager and the Mayor. Mr. Warshaw: The answer is yes on all counts, and I think that's probably one of the most important positions in the city. Last week the Assistant City Manager, Raul Martinez, prepared, with the help of personnel, Angela Bellamy, a notice that has been posted in the City, as well as externally, an advertisement to seek out a person. It would be my hope, because of the complexity of NET, that someone from within the city, who understands Miami and understand Miami needs, could fill that position and that person will be reporting directly to the Assistant Manager in charge of operations and will be fully responsible for basic service delivery, that really is the responsibility of the NET administrators. Commissioner Teele: Mr. Manager, I won't go that deeply into the budget issues but let me query you as to two things. I think it's imperative that, upon the vote today, you look at the budget of the Manager. Because the one thing that I think would be unfortunate is if, in six weeks, the Manager's office is submitting a budget resolution or a budget amendment for the Manager's office and I would ask you to work closely with the Mayor's office and the appropriate levels of finance and budget to give us a realistic budget of the Manager's office. 1 don't believe the budget that we approved on first reading the other night reflects a realistic statement as to what the resources of the Manager's office -- and I will support any reasonable recommendations that you have, but I think it's important that we start out with the Manager's office being a realistic budget, if you will, and I'd like to get your reaction and... Mr. Warshaw: And I'm glad you asked me this. Prior to the second reading on the budget of the 28th of this month, I intend to bring those real numbers. Understand what I've done so far. In light of the fact that I haven't been permanent and in not wanting to jeopardize, in any way, some of the people I've put in interim positions, I have left their cost centers in their various departments. For example, the Assistant Police Chief, Raul Martinez' salary is still salary -- in the cost center of the Police Department. And Dena Bianchino, who is an Assistant City Manager at cost center is back in planning, and so on and so forth. And I did this so as not to jeopardize them, in the event I didn't become permanent. Once this is permanent, I intend to transfer those cost centers and give you a realistic budget, as you requested. Commissioner Teele: And I appreciate it. And you do realize that, if those persons, including your senior executive assistant were there, you'd be way, way over your budget so, I think it's a real opportunity to do it and do it the right way the first time. Also, regarding the anti deficiency discussion. We've had a number of discussions on it. It's my understanding that you support the thrust of the anti deficiency legislation that has been proposed, is that a fair statement? Mr. Warshaw: I do support the thrust of it, yes. Commissioner Teele: OK. In programs -- and I won't go through these in any -- because I think the public may want to be heard regarding this. But I have specific concerns, in the district that I represent, about the lack of businesses and business development. I think -- you know, we talk about the conditions of the black community; we describe the problem when we talk about teenage pregnancy, drugs, problems with high school drop -outs, any number of these areas but the real solution is to have families that have jobs and, therefore, the unemployment issue is one of the driving issues. And, as you know, in every other community, Little Haiti or even Little Havana or even Little Haiti, one of the dominant characteristics of those communities are the mom and pop businesses. We don't have that in the black community. The City has undertaken a number of actions, through the community development process, that are putting things in motion. Do I have -- can I solicit your support that these priorities, these corridor studies that are going on, the survey of the businesses on certain corridors to find out what they need, how we can better target our 6 September 14, 1998 precious and few CD (Community Development) dollars? Will you work with us and the staff to get that up as a little bit higher priority so that we can begin to try to make an impact? This is very important, in light of the welfare -to -work and the fact that many people are going off of welfare in the coming months. Mr. Warshaw: Commissioner, I will. And I'm sure you saw in the organizational chart that I proffered. I created a Department of Economic Development. It's something I am committed to. I will work with you. I've already spoken with the Planning and Development people and I know they're going to be committed, particularly, to work in areas that need economic development at the base levels, so the answer is unequivocally, yes. Commissioner Teele: Similarly, Chief, in the area of housing. For too long, the City of Miami has been the main culprit in creating slums, in creating ghetto environments, and you and I and the Mayor and others have gone up on 61 st Street. What happened on 61 st Street 20 years ago in 1980 is a classic example of misapplied governmental policies, where we have this huge congregation of Section VIII housing all in a row and, as a result, it has the highest murder rate, the highest crime rate in the entire Dade County. I am deeply concerned that, as we move forward with our housing programs, that we don't create by congregating, you know, the Section VIII, these mod rehabs, where we just target an area and then we saturate area with these mod rehabs and these Section VIII. Will you commit to let us, working together in a public dialogue to develop a rational policy so that we don't create more germ cities like we have in an area where we have these? Because these are created with government dollars and I really think this is an important point. Mr. Warshaw: The answer is yes. And I think I told you that day, the Mayor, myself and yourself were on 61 st street, that I can remember, as a young police officer in 1971, that street pretty much looked the same in 1971 as it did now. So, the answer is yes. Commissioner Teele: Finally, Chief, there are a number of issues that we've discussed. I won't put them on the record. The one that I think, though, that I want to close with is the issue of human resources. There is a real shortage of middle managers. I also think that there is a problem with our being able to retain good people, given the headlines, given the financial crisis, et cetera. I think it's important that the Manager commit to providing a buffer, if you will, between the Commission and the staff, as appropriate. I think it's important that the Manager tell us that you're going to always insist that your staff tell the truth and tell the whole truth and tell us what we don't want to hear, if it's the right thing, and that you will step in and protect the staff from us, as tragic as that may sound, starting with me. When people are telling the truth, the whole truth -- I mean, they don't get to make policy but they do get to give us the facts. I'd like to know if you agree with that? Is it every man and woman for himself? Or can we count on you to buttress the staff and support the staff and also give them the training and resources to do a better job? Mr. Warshaw: I couldn't agree with you more. I can tell you and the staff can tell you that, as recently as this past weekend, for several previous staff meetings I've made it crystal clear that it's difficult sometimes to stand up here and I've stood at this podium many times and as difficult to have to give answers to questions that might not be the answers that people want to hear but I can tell you that the staff is committed and I'm committed to ensure that not only do they tell the truth, you know, but they not buckle under or buckle down and say the things that you need to hear to make informed decisions. Because if you don't hear those things, then, unfortunately, a year later we'll be right back in the position that we've been in, unfortunately, for a very, very long time. And I commit to that. I commit to that on behalf of the staff. I'm looking for talented, professional, energetic people who aren't afraid to speak professionally and to speak to elected officials as they must so that you can make those informed decisions. 7 September 14, 1998 Commissioner Teele: Thank you, Chief My last question. Notwithstanding that, I am going to ask at the budget hearing, just so that you know, that each budget -- that each department head come forth, give us their name, and say that they can live -- that this budget is realistic. I think it's very important that everybody be on the record, if we're going to start this slate off clean. But having said that, Chief, Miami is a unique, it's a dynamic city. We're probably the most diverse city in America. There are a lot of issues that have to be dealt with, particularly, in the area of human resources and people. I've, in the past, talked about the lack of women, especially, in positions of -- and I think you have addressed many of those concerns forthrightly and directly. Recently, a number of black leaders, some ministers, some of whom I see in this room today, have said to me, "Teele, we hear what you're saying about being fair to blacks, being fair to women, but you need to understand very clearly that Miami is going backwards, as it relates to the opportunities of African American men. There was once a time when there were African American men that were Managers, City Attorneys, Clerks, Assistant Managers, et cetera. And I think, you know, it's important that these issues be very clear; otherwise, public perception and wrong perceptions build up in the community. I have taken to heart these criticisms of a number of people that I respect. I have found that there is a shortage and I appreciate very much, Mr. Mayor, your statement that was attributed to you about DirectorPatterson in the Herald recently, because I think he has done a great job. Unfortunately, the area that you're in is not as right up to snuff as some of the areas in Little Haiti but I take to heart the spirit that he has turned it around but notwithstanding that, Director Patterson's recent appointment, and I take note of the Herald reporting on Sunday that you appointed a male to the NET office in Little Haiti, if that's correct. Is that correct? Mr. Warshaw: Yes, it is. Commissioner Teele: There is a shortage of African American men positions for upward mobility and I want to be on the record as saying that I think it's important that we continue to ensure that both men and women are given opportunities, both Cubans as well as non Cuban Hispanics, as well as whites, as well as blacks are given opportunities and I think you're doing a good job in that. But I do want to take note of the fact that the City of Miami has gone backwards in terms of the number of young African American and senior African American men that are in positions to assume greater responsibility and be City Managers, and I hope you will keep that in mind as you go about balancing this very dynamic and very complicated process and it's my full intent to support you, not only today, but as a Commissioner here on this dais, and I appreciate your willingness to serve. Thank you. Mr. Warshaw: Thank you. Mayor Carollo: Thank you, Commissioner. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Mayor. Chief, I remember when Commissioner Teele was talking about that day that I had the honor to have brought the issue of your situation to this Commission and the full support of the Commission and the people here. I did it because I work with you. I knew of your work for many years outside of the Commission and in the Commission, and I thought that you were one of the best Chief of Police and we saw it on the streets. In these four months that I have the pleasure of working with you as a City Manager, I think -- I believe that, philosophically, I agree with you and you agree with me in many issues and we have talked about it but since this is a public forum, since this will be on the record, I just have two or three questions that are very simple. Because of the financial crisis about two years and a half, the City sort of became the adversary with the residents and the merchants, trying to get money to save the City. Sometimes we, in the City -- City employees went above and beyond the call of duty and I have heard you tell me that you agree that there is the need for a balance•, that there is a need to help the merchants, the business people and the residents, and I just want to hear from you your philosophy in terms of what is your administration plans in terms of this situation that had been created for many reasons in the past two years? 8 September 14, 1998 Mr. Warshaw: Well, first of all, Commissioner, I think that the delivery of basic services to the City of Miami residents and business people is first and foremost. I've often said, as Chief of Police, that -- and I tell police officers over and over again, that we're the ultimate service of the people. I think that applies to all City of Miami employees. Our tax payers have a right to not only have police and fire service but to have the trash picked up and the garbage picked up and the streets cleaned and the sidewalks clean and all of the things that residents and tax payers rightfully deserve. So, first and foremost, is to ensure that basic service delivery is enhanced to the level that residents and business people expect and should have. Beyond that, I think I've told you and I have heard the mandate from yourself, the Mayor, the Commissioners, that I will do everything I can this next year to do what needs to be done to increase the recurring revenue of the City without additional fees or taxes to residents so that, hopefully, you will be in a position, some time in the future, hopefully in the near future, to be able to revisit some of the decisions you had to make as a result of these additional resources and revenues and that's, obviously, a very high priority. Third and certainly not the least is to ensure some stability for the employees of the City, who, unfortunately, have been somewhat victimized by all of this instability and some of that instability filters down to every single worker, whether it be an executive or the lowest level worker who has to face day to day to day the instability that the City has gone through. So, I want to ensure you that I'll work very hard to make sure that the work force is professional; has the highest level of integrity; is committed to deliver those services in the most efficient way, and will be a work force that all of you can be very proud of. Commissioner Regalado: One -- the question I was going to ask, you answered, and that is that, if we are able to promise the people of Miami and that -- in the near future, they will have some relief in terms of the fees and the taxes that we had to impose on them and I'm satisfied with that and I am ready to work with you, the Mayor, the members of the Commission, and all the City employees to accomplish that. And I don't have to tell you because you know and the people of Miami know that you have my full support. Mr. Warshaw: Thank you. Vice Chairman Plummer: Mr. Mayor, I would like to assume that the agreement that we had prior to this meeting today is still in effect. I compromised on severance pay. You know, to me, severance is a job well done. You don't need severance pay. But I can understand the volatility. And we had agreed upon that, for two years, he would get a one-year severance; that after the two years, at the most he would get would be six months severance pay. I just wanted to make sure that that was still in concurrence of the compromise. Mayor Carollo: That is correct, Commissioner. I said at the last meeting that I accepted that amendment, that, after two years, the severance pay will be down to six months. Vice Chairman Plummer: Mr. Mayor, I'd just like, if I may, just to compound on what Commissioner Regalado made comment on and that is, Mr. Manager, I don't think anybody was kidding, even though it's going to be tough, that you are under a mandate, not if you want, that every month that you've either got to reduce expenses or increase revenues by a million dollars ($1,000,000) a month, not to exceed 10 percent, so that things that we're doing, unfortunately, can be reversed. That was part of my vote for budget. It's still my vote. And if you've got a problem with it, you better let me know before the second reading of the budget. But I think it's something we've got to do. By the way, you did not bring NET to this City. I did from Atlanta, Georgia, the Police Department. It was called Red Dog. That you sent two policemen up there to get all the information, right? Tell him. Mr. Warshaw: And I did not say I brought it here. I said I worked on the team but you're right, I remember the Red Dog. 9 September 14, 1998 Vice Chairman Plummer: Eldon Bell was the Police Chief of Atlanta, Georgia. Mayor Carollo: I'm sorry, Commissioner, but I think that Red Dog is something that you drink up in Georgia. Vice Chairman Plummer: We did that too. Besides that, I didn't see your resume. I just lived it for 27 years. Mayor Carollo: If I may, besides the amendment that Commissioner Plummer mentioned, that's accepted by me, one of the additional areas that we made clear at the last meeting that is part of what will be approved here today is the cellular phone for the Manager and a home line for a home fax and phone for the use of the Manager. That has also been part of what has been common here for managers for the last couple of decades. Having... Vice Chairman Plummer: Mr. Mayor, I'm ready to make the so-called resolution, but are we properly doing that as a City Commission? I thought, by no action... Mayor Carollo: No. Vice Chairman Plummer: ...it became effective. Mayor Carollo: You need to approve this, Commissioner. Mr. Alejandro Vilarello (City Manager): That's right. You need to pass this resolution. Vice Chairman Plummer: I have no problem with that. I'll move it. Mayor Carollo: There's a resolution by Commissioner Plummer. Commissioner Regalado: Second. Mayor Carollo: Seconded by Commissioner Regalado. Vice Chairman Plummer: Mr. Mayor, because of one provision in there, let me read the resolution. And I think everybody should understand it because a lot of people think tomorrow he's going to be the Manager and it's going to be awhile. [AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC RECORD] Vice Chairman Plummer: The point I'm trying to make is, that he is not fully the City Manager until -- by the approval of the Oversight Board, by his actual wanting to do so. Mr. Vilarello: Of the contract. Vice Chairman Plummer: Of the contract, of course. Commissioner Gort: Let me ask -- I have a question. I'm not an attorney so you'll have to explain this to me. My understanding is, what needs to be approved by the Board itself is whatever financial package we 10 September 14, 1998 have, the appointment and confirmation of City Manager does not have to be confirmed by them, am I correct? Mr. Vilarello: That's correct. It's the benefits package that has to be approved by the Oversight Board. Commissioner Gort: In other words, he can be confirmed as the City Manager and he's the City Manager as confirmation? Mr. Vilarello: The problem becomes, until the contract's approved, there are certain rights and benefits that Donald Warshaw would have to waive so, therefore, the resolution is written so that it's only effective upon Oversight Board's approval of the contract. This is an attempt to protect his interest as well as the citizens. Commissioner Gort: You're the attorney. Vice Chairman Plummer: All right. Any further discussion? Mayor Carollo: Any further discussion from members of the Commission? Hearing none, can you call the roll, Mr. Clerk? [NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL] Vice Chairman Plummer: I'm not sure. I asked him to appoint me as Police Chief and he said no, but I'll still vote yes. Commissioner Gort: The reason he was not able to do it is because he did it with me. Yes. Commissioner Teele: Mr. Mayor, I realize you're on a roll call. Mayor Carollo: Yes, we are. Commissioner Teele: But you're not going -- the public has no input in this? Mayor Carollo: No, sir. This is an action that falls solely on the Commission. This is not an action that is open to the public. It's not a popularity contest. It's an action that falls fully upon the Commission. Commissioner Teele: Mr. Mayor, you know, we can set whatever rule and since we're in this, I'm fine with this but the only thing that I want to say is that I don't agree with it. I think anybody who is appointed to an office in the United States, under the Constitution of America, is subject to the public input process. I mean, that's true of everybody from the Secretary of the Defense and State right on down to anybody else. If it's the City's history and tradition of not doing it -- I'm new here but I know that, in both cases, the Managers that were voted on previously, I heard from the Unions. I specifically would have asked that the Union be heard because I think it's an important part of our democratic process that the public be heard. If this Commission or if this Mayor or this process is being driven in a way but this is not the way it's been done in the past two confirmations and the one thing that I am very, very concerned about is that there is just no standards around here by which we rely upon. I mean -- and I hope that, as we go down this road, that the Commission can develop standards because I think we send a very bad signal when we don't let the public have a comment on an important decision such as this, and I'm very comfortable -- I don't challenge the authority of the Mayor to do this. If this is the way you want to do it, Mr. Mayor, that's fine but I don't think it's the way its been -- it has not been done since I've sat on this dais before. 11 September 14, 1998 Mayor Carollo: Commissioner, let me say this to you. I have been one that have always been open for the public to speak. At the same time, if we're to follow rules and regulations in the midst of a roll call, you're not supposed to bring up anything other. I, however, understand that you're bringing up what I would consider a point of order. I precisely went over with the City Attorney that particular issue and received his guidance on it for today. The appointment of the City Manager is not only one of the most important decisions, if not the most important decision, for this Commission to take, because the Manager will be the person administering the City but, at the same time, as I said before, I don't consider it to be a popularity contest where people can come in here to praise the Manager or to talk against the Manager. We have had plenty of time to discuss this. If there -- if this is an issue that we had a Manager that there were some serious doubts about, we would have heard about this. That hasn't been the case. I purposely took a sufficient amount of time so, if there would be anything that would need to be aired out, it could have. I, in fact, went even beyond trying to set some guidelines, to set some perimeters and guidelines to go by where I even went to the extreme of asking the members of the Commission if there were any areas, in particularly, that any of the members of the Commission felt very strongly on, that they would not approve a Manager if they were in violations of any particular areas, to write them down to me and to give them to me because I purposely wanted to avoid any embarrassments, any divisions, to take the politics away of the appointment of naming a City Manager. But having said that, if I may ask the City Clerk to go on with the roll call. Mr. Walter Foeman (City Clerk): Continuing roll call. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 98-883 A RESOLUTION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING MAYOR JOE CAROLLO'S APPOINTMENT OF DONALD H. WARSHAW AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE UPON FINAL APPROVAL BY THE OVERSIGHT BOARD; FURTHER AUTHORIZING THE SALARY, BENEFITS AND SEVERANCE PAY TO BE RECEIVED BY CITY MANAGER DONALD H. WARSHAW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Mr. Mayor? Mayor Carollo: Commissioner. 12 September 14, 1998 Vice Chairman Plummer: I took a poll of everyone here and everybody spoke very highly of Warshaw. No one was negative. Mayor Carollo: Congratulations. Now the work begins. 3. DENY PROPOSED EMERGENCY ORDINANCE TO AMEND CODE`: :ALCOHOLIC' BEVERAGES LICENSES IN COCONUT 'GROVE - COMMENTS CLARIFYING RECORD ON POINT OF ORDER REGARDING POCKET' ITEMS. Mayor Carollo: Commissioner Plummer, you have two items that will be open to the public and I believe there are quite a few people here to address those items, so I will leave you chairing the meeting and those two particular items. Vice Chairman Plummer: Thank you, sir. First of all, may I ask that anyone who has registered for the fire fee, if there's any way we can condense this down, I would appreciate it. Just for the record, 24 people have asked to be heard. If its not condensed down, I will limit everyone to two minutes. I will ask everyone, please, try not to be repetitious. All right. We're now on Item 2, which is the Alcohol Ordinance relating to the special district in Coconut Grove. Mr. Manager, first, I will ask for staff to make any presentations that they wish to make. First and foremost, let me clarify the record. At the last Commission meeting, I indicated at that particular time the thing that bothered me wasn't the fact that someone had indicated that this matter had not been fully reviewed and at that time is when I set up a meeting for Friday afternoon for anyone to come here and be briefed in a workshop, which I thanked Dena for doing, and, in fact, voice their opinions at that particular time. I don't know where it was mislead because the girl from the Neighbor had, in fact, that information. Unfortunately, she didn't print it. If staff would like to make any recommendations at this particular time on Item 2. You're in the way. Ms. Lourdes Slazyk (Assistant Director, Planning Department): Thank you. For the record, Lourdes Slazyk, Department of Planning and Development. From the time this came before you as an emergency at the last Commission meeting, some other issues have arisen. The main one being that the 800 feet, which is in the title of the legislation before you, is no longer an accurate number. The survey was looked at by the Zoning administrator and determined that that was not the appropriate measurement and it appears that they need that number to come down to 500 feet. What the Planning Department is going to -- and this just happened today. What the Planning Department would like to recommend is that this not be an emergency item; that it be passed provisional -- recommend approval on first reading, so that we can study the differences between what was proposed and how it's being amended. It just happened today and we haven't had the opportunity to map it out and look at what the implications of this would be, but that it not be an emergency at the 500 feet. Mr. Donald H. Warshaw (City Manager): Let me just add to that, that the recommendation to possibly pass this as a first reading will be based upon a statement by Ms. Dougherty regarding our ability to revisit and study the business plan, namely, the type of establishment, the percentages, the restaurant configuration, because it's been explained to me that this is a restaurant that will have lobster and steak, with a raw bar upstairs and it could be the kind of thing that we would support and want, but we need some more time to look at the business plan, to see if this is something that can fit into the mix in Coconut Grove. Vice Chairman Plummer: OK. I'm glad you said that because I've never been in Hooligan's orFlannigan's or Hooter's. Dena, you wish to make a statement? Ms. Dena Bianchino (Director/Asset Management): No, sir. 13 September 14, 1998 Vice Chairman Plummer: Let me thank you for conducting the workshop on Friday. I hope that it was what was necessary and needed and we'll go from there. Staff has no further recommendations. Ms. Dougherty, for the record, your name and mailing address and we know that you're a paid lobbyist. Ms. Lucia Dougherty: Mr. Chairman, Lucia Dougherty, 1221 Brickell Avenue, and I am a paid lobbyist. Here on behalf of Jay Love and Hooligan's, which, as you know, is an establishment which is both in Miami Lakes and in South Dade at this present time. This is a known quantity to the City of Miami or to those in Dade County and it is an establishment, again, that's been here for 16 years. He wants to buy the Taj or the Marcos in the Grove, which is located at Virginia Street and Florida Avenue. This place has been a derelict place for over 12 years. It's been on the market for over two years. It has -- Mr. Terminello, who is my co -counsel, has had over 27 people come and look at this restaurant to buy it or this establishment to buy it and nobody will buy it as a restaurant because it is, frankly, too big to be simply a restaurant. However, my client is an establishment which is going to open a steak and lobster house restaurant with fine dining on the first floor and a raw bar on the top floor and a weekend entertainment of big band music in the basement in the weekends. This is something that he intends to do. He intends to have a full menu at all times and, in fact, would commit in the ordinance to have food at the percentage of 40 percent as opposed to the 50 percent, which is required for the SRX license, which, by the way, is available for this particular location. A regular restaurant license can go with this restaurant with this location and nobody's ever bought it. He intends to put two and a half million dollars ($2,500,000) into it after he purchases it for three point six million dollars ($3,600,000), for a total of five point five million dollars ($5,500,000) in this location, which, frankly, has been, as I said, a derelict building for over 12 years. Why do we have to reduce it to 500 feet? Frankly, there is a dispute, a legitimate dispute, about how to measure it. Our surveyor, and we've had three different surveys, say that it's actually 800 feet away but the better part of valor is, it's the same building, is to reduce it down to 500 on first reading. My client has agreed to pay the owners a substantial amount of money for this extension, extension of time in which to drop dead, which, as I told you, is going to be on the 23rd of this month, and he can do it past the 28th of this month, if you would pass this on first reading. And, again, we will work with the Manager to show him our business plan for this establishment and to show him the kind of marketability and to make all of the necessary covenants, et cetera, that the City would like to assure the viability and this programmatic -- the program that we have indicated to you. Vice Chairman Plummer: For the record, you do agree and concur, it will not be, in any way, today an emergency? Ms. Dougherty: That's correct. Vice Chairman Plummer: OK. Anything else? Ms. Dougherty: Not at this time. Thank you. Vice Chairman Plummer: You want rebuttal? Ms. Dougherty: Yes, sir. Vice Chairman Plummer: Members of the public. For the record, your name and mailing address. You have two minutes. Mr. Frank Balzebre: Two minutes. My name is Frank Balzebre, 3925 Park Drive, Coconut Grove. And I am President of the Coconut Grove Civic Club, Chairman of the Coconut Grove Village Counsel. A few things. A few things. We did have a workshop. We missed your presence, Commission Plummer, and 14 September 14, 1998 we're trying to hash this issue out. There's one thing we want to get straight as a community and I am representing the community. We are not attacking Lucia Dougherty's client. We are not attacking Hooligan's. It is the spirit of the amendment to which you want to change the law. So, if you keep focused and keep your eye on the amendment change, this is where the issue is at. We heard their presentation; we heard their numbers; we heard their projections. God love Jay Love and his Hooligan's but when you break the ordinance and allow serve liquor only, then the community has a problem. We had people here today from Center Grove; owners from the bars, restaurants of center grove. I want them to be heard today. But I think you have to keep in focus is the amendment to the law itself. If you lift these restrictions for another liquor only vendor, without guarantee of food, you provide a self-serving ordinance for this applicant and a profit margin against the other odds -- recurrent operators of this license. This ordinance -- this amendment also -- it defeats the purpose of maintaining safe distances from the churches to the schools to the other 4 C.O.Ps (Consumption on Premises). I yield my time to the other people here to be heard. Thank you. Vice Chairman Plummer: I'm asking the question, Frank, because you make a good point. If, whether or not this item could be heard as a variance, which would be an individual scenario -- and he's looking that up to see now whether or not that's true -- one of the main problems we've had with distance requirements is the fact that they do require all over different distance requirements, say a thousand feet from a church, but we had the case on 79th Street that was nothing to prohibit a church moving next door to a 4 C.O.P. and, for that reason, a number of cases the courts have struck down distance requirements. I'm not saying that would be the case here but it didn't work both ways. OK. Let me hear the next person and then, when he is ready to give me an answer in reference to the possibility of a variance or not a variance, then we'll take it from there. Yes, ma'am, your name and mailing address, please. You have two minutes. Ms. Jill Velasquez: It's Jill Velasquez. I live at 3505 Main Highway, Community of Camp Biscayne. Your honorable Commissioners, I hope you took the time to review the tapes from last Friday's public workshop on this issue. If you did, you will note the feelings of the residents, church, police and business owners concerning the crime, trash, parking and noise problems already in our community. We realize that Coconut Grove has become an eating and drinking center. You may like it, the world may like it but we, the community, standing united on this issue, do not. Unfortunately, the City has not solved or alleviated the problems we, the residents, experience on a daily basis. In fact, these problems are getting worst with every new bar. The City's total lack of regard for the wishes of the residents will not be tolerated any longer. We are now uniting to protect and preserve our community. At Friday's meeting it was suggested by a Hooligan's supporter that I move from the Grove. I don't think this is the answer the people of the Grove want to hear. Obviously, the majority of the residents feel it is their basic human right to live where they want and peacefully enjoy their home. While I appreciate the fact that tourists and partners -- partiers frequent many businesses in the Grove, they should not be allowed to adversely affect the impact the law abiding, tax paying residents. We want and insist that you do the right thing. If you hear our voices, your decision should be quite clear. Thank you. Vice Chairman Plummer: Thank you. Next speaker. For the record, your name and mailing address, please. Ms. Nancy Schreir: My name is Nancy Schreir and my address 3266 Southwest 25th Terrace. I'm here representing several hundred people in the Hare Krishna Church, which is about a block and half from the proposed bar. We feel sad and upset when we see so much littering daily. The weekends are the worst. But daily it's very bad. You walk around our property, we constantly find beer and alcohol bottles, cups, glasses from bars. Not just our streets. I look across the street and see other streets. It's very bad. It's very sad. Further disturbed people, drunk people, have broken our signs. On several occasions, the church signs. Threw bottles and the window -- break the windows. The worst of all, I feel, are the implications for the future. We heard an impassioned speech on Friday about someone, whose daughter was killed in Coconut 15 September 14, 1998 Grove by a drunk driver and we know that the more bars there are increases the risks for drunk driving accidents. So, we understand that the City will get some revenue from the bars but what price do you pay for life? And another point is that the overall atmosphere of the neighborhood definitely, with each additional bar, deteriorates. The quality just deteriorates. Anybody living here for any amount of time can tell you. My final point is something philosophical, one which everybody may not agree with but when any type of substance abuse is permitted, some karma is involved. Meaning, as you sow, so you reap and the karma is there for those who sell it, distribute it, even for the City officials and government officials... actually, according to the Vedas, one sixth of the pious and impious activities of their constituents is received by government officials. So, I'm just urging everyone, if you really have the sincere concern for the majority of the citizens, please don't allow this to happen. Thank you very much. Vice Chairman Plummer: Next speaker, please. For the record, your name and mailing address. And here, again, I'm going to ask you, please, not to be repetitious. We've heard everything, I think, that we need to hear but if there's something else that needs to be heard, please, make sure you make it on the record but try not to be repetitious. Mr. Mark Sardegna: I'll make this short and sweet. Vice Chairman Plummer: Thank you, sir. Mr. Sardegna: My name is Mark Sardania. I live at 2955 Ruth Street, Center Grove. I'm also a member of the Coconut grove Village Counsel. I want to reiterate everything that's been said already, but the important thing is what you have to do sometime is come to our neighborhood in the Center Grove and just exist there for one evening, a Thursday, Friday, Saturday or Sunday I would suggest. Bring your small child and try to have them go to sleep; try to live there Saturday morning, Sunday morning, and spend two hours picking up the beer bottles and the trash, the graffiti and the excrement of the night before. That, the City does not do. The City's Sanitation Department doesn't do it. The Police Department does not have the manpower to do it and one more bar is not going to help our cause for living in a safe beautiful community. Thank you. Vice Chairman Plummer: Thank you, sir. I'm not going to call the rule. I'm going to ask you to abide by the rule. This is not a talent contest. We don't need to applause. We don't need to boo. We don't need to hiss. We need to hear orderly and, sir, your name and mailing address, please. Mr. Thomas Moore: My name is Thomas Moore and I'm with Senor Frogs, 3480 Main Highway in Coconut Grove. We're one of the establishments that's been in the Grove, myself personally, since 1978 with Cozolli's and now in Senor Frogs for 15 years. We welcome Jay Love. We welcome his establishment, Hooligans, to the Grove. 1, personally, think it would be nice for the Grove but I'd like to see a level playing field. I'd like to see a situation where -- I've just put three quarters of a million dollars into my establishment. I'm in full compliance with the laws, the rules and regulations, SRX versus 4 C.O.P. The styles of operation are completely different. One is a restaurant, limited ... you don't have to have four thousand square feet. Have to have 200 seats. I mean, there's a lot of rules and regulations. The quota licenses, which are set up for liquor stores and bars are self-limiting and the reason that they do that, by population, is so that they will be limited. If everyone in the Grove was a bar, then you wouldn't have an eating, dining and drinking and entertainment complex. You'd have, you know, a drinking complex. More or less, like Key West. I don't think that's what the Grove wants. But, by the same token, the more dining and drinking establishments, that better the Grove then, you know, I'm all in favor of that too. Let's see. Again, you know, with the 4 C.O.P./SRX license, you have a bigger investment. You know, it's a different style of operation. I think that's the main point I want to make. Is that, when you're operating as a restaurant primarily and a bar secondary, its an entirely different style than operating as a bar solely. 16 September 14, 1998 Vice Chairman Plummer: Thank you, sir. Next, Mr. Nelson. For the record, your record name and mailing address. Mr. Ron Nelson: Ron Nelson, 2535 Inaqua Avenue. First comment is really not about the issue. First comment is, guys, we're up here again on a pocket item. We were told over and over no more pocket items that will affect our community and our lives. We're going to stop them and, then, here we are again on a pocket item. It's a shame. Again, I think the residents have spoken. They don't want anymore Four C.O.P. licenses in the Grove. They're not happy about that. And I think we need to have a show of hands of people who have turned out opposed to... Vice Chairman Plummer: We'll do that at the end. Mr. Nelson: You will do it, OK. Good. Vice Chairman Plummer: Sure. Mr. Nelson: Thank you. He can come in as a restaurant, like everybody else that comes in, unless they meet the requirement of a bar. I like the Grove. I've lived there a long time. You know I come and fight about it for -- with you and against you some times. Vice Chairman Plummer: So be it. Mr. Nelson: But let's leave the rules the way they. I think that, I don't want to see something come up here where, again, another bar owner can come in in a three out of five vote, will allow him in. Because that's what I think we're opening the door for. Now that he's in, the next guy. That's what happened with the 5 a.m. deal. One guy got 5 a.m. Another one came in, said, hey, you gave it to him. You got to give it to me and everyone say, oh, yeah, you're right. We did, didn't we? OK. So, now we've got almost every bar in the Grove open until 5 a.m. That's -- let's not let this happen again. I think we learned our lesson with that. Thank you. Vice Chairman Plummer: Thank you. Let me clarify the record, if I may. No more pocket items are brought up that have a financial impact on the City. There's a little difference. Mr. Nelson: What about the residents? Vice Chairman Plummer: Not any pocket items at all. Only pocket items that have a financial impact on the City are prohibited from being brought up without the Manager having the say and approval that, in fact, he has gone through the issue. Mr. Nelson: Could we get you all to amend that then and then take into consideration the lifestyle of the citizens because, after all, we are who you're representing. If you're going to affect our lifestyles, we should be unable to speak on it. It should not be a pocket item. Vice Chairman Plummer: Thank you, sir. Any -- whoa, whoa, whoa, whoa, whoa, whoa, whoa. Is there anybody else that feels absolutely -- here comes the better half. I know Goenaga wants to speak. Boom - Boom talks on everything. Ms. Joyce Nelson: Actually, I don't want to speak. I want... Vice Chairman Plummer: Name and address, Miss Nelson. 17 September 14, 1998 Ms. Nelson: Joyce Nelson, 2535 Inaqua Avenue. Everything has been said and one thing that hasn't been said is Friday, Lieutenant Watkins spoke and also we'd like our NET (Neighborhood Enhancement Team) officer to speak on the issue. Since you have other meetings requested the NET speak, she's here. We'd love to have her give her opinion and Officer Watkins. Vice Chairman Plummer: Absolutely. We'll be more than happy to afford that opportunity if everybody else now is happy, except Mr. Boom -Boom. Mr. Boom -Boom. Mr. Manuel Gonzalez-Goenaga: Well... Vice Chairman Plummer: Two minutes, sir. Two minutes too long but two minutes. Mr. Gonzalez-Goenaga: May I start? Vice Chairman Plummer: Yes, sir. Mr. Gonzalez-Goenaga: What the misconception here is thatHolligan's is not a bar. It's basically... Vice Chairman Plummer: It's Hooligan's. Mr. Gonzalez-Goenaga: Hooligan's. Whatever. Thank you for the correction but I have been there many times, not the one in... Vice Chairman Plummer: No, no, no. That's the Houscou where you've been. Mr. Gonzalez-Goenaga: Let me tell you, very good food, very good treatment, very good menu and if you want to get drunk, get drunk and then the police will pick you up as soon as you start driving. More money for the citizens and the issue is that... Vice Chairman Plummer: Would you please speak to the issue? Mr. Gonzalez-Goenaga: Let me tell you. The issue is, when we spoke here on pocket items, for years I have been saying about this pocket items and you have been here 28 years and the big things and the biggest group and contracts have been gone on this City of Miami through pocket items by millions of the dollars. Vice Chairman Plummer: Thank you sir. I don't know -- if anybody understood, please send me a translation. Lieutenant. Lieutenant Dan Watkins: I'm Lieutenant Dan Watkins. I am the commander of the Coconut Grove area and I'm one of the individuals, along with Commissioner Plummer, who receives phone calls, faxes and letters each week complaining about the loud music, the motorcycles, the traffic congestion, the illegally parked vehicles in their driveways, the drunks passed out in their front yards and the debris left over by the drunks. The situation has gotten so bad in the Center Grove that I must assign an officer exclusively in the area of the Center Grove on Thursday, Friday and Saturday nights, between the hours of 9 p.m. and 2 a.m. to deal with this one problem. Adding another establishment, that will only add to the chaos, will only make situations worst for the Center Grove. Since taking command of the Coconut Grove area in March of this year, I've received 90 complaints from citizens or residents complaining about the quality of life issues. The Miami Police Department will continue to protect and to serve the visitors and the citizens of Coconut 18 September 14, 1998 Grove. But from what I've hearing each and every day from the citizens, they do not want another establishment. Thank you. Vice Chairman Plummer: Thank you, sir. Maggie. By the way, Lieutenant, and for the other members, I have asked the Manager to have a hearing on Sloppy Joe's, predicated on the complaints that they have not lived up to what they said and I will be looking for your report, Maggie's report, at such time as this matter is heard before this City Commission as a review. Maggie, for the record, your name... Ms. Maggie: For the record, my name is... Vice Chairman Plummer: Mailing address and big cheese and NET Grove. Ms. Maggie Genova-Cordovi: Maggie Genova-Cordovi, the Northeast Coconut Grove NET Administrator. I have to remember to thank Joey's when I walk out of here for kind of putting me on the spot. You know, the position in the NET office, especially for the administrator, is one that is... Vice Chairman Plummer: Excuse me. She is also two minutes, please or less. Ms. Genova-Cordovi: We're kind of asked to be there and stand behind what the citizens and the neighbors want and play like a balancing act with what staff recommends so, here I am on a very passionate issue. Everything is very passionate in the Grove. Trying to stand in the middle. Whatever decision is taken, I'm going to get to hear the complaints on both sides. If you approve it, sure enough I'm going to continue to get the calls because there's beer bottles all over the place; because the drunkards are waking up the neighbors in the middle of the night and because of the things that bring bars in the Grove. And if you don't approve it, then -- if you do approve the change, I'm going to hear from the business side of the Grove saying, you know, this was good; this is derelict business, but putting my heart with the neighbors, I tend to think that you all need to really consider this very seriously. Because there are implications that will affect the residents in the Grove. Vice Chairman Plummer: Thank you. Ms. Genova-Cordovi: That's what I have to say. Vice Chairman Plummer: All right. Mr. Gort. Commissioner Gort: Maggie? Maggie? I think its very important for the NET to understand that you all are professionals; you all going to hear from the planners and from our staff but will you, the NET people, the one that live there and will see the everyday consequences, I think your recommendations got to be as a professional. Take the staff recommendation but you can also go back to staff say, look, your recommendation sounds good but it doesn't work or it does work. So, I think that's -- you, as the NET Administrator, that's what's expected of you. Ms. Genova-Cordovi: Thank you. Because it's really not staff but the NET offices that hears the complaints there. Commissioner Gort: No, but staff needs to understand that you're the one that there's every day looking at all the activities every day and can come back and say, look, sounds good on paper, sounds good on documentation but in practice doesn't work. Ms. Genova-Cordovi: Thank you. 19 September 14, 1998 Vice Chairman Plummer: OK. Elena, you got something that hasn't been said? Ms. Elena Carpenter: Yes. Vice Chairman Plummer: For the record, your name and mailing address. Ms. Carpenter: Elena Carpenter, 3838 Irvington Avenue, Coconut Grove. I guess that begins to answer my question. My question is... Vice Chairman Plummer: Excuse me. Ms. Carpenter: Why are... Vice Chairman Plummer: Excuse me. Until there is a quorum, we will be in abeyance. Ms. Carpenter: I could ask my question. It's... Vice Chairman Plummer: Excuse me. Ms. Carpenter: It's, where are the Commissioners? Vice Chairman Plummer: All right. Ask your question so we can get an answer. Ms. Carpenter: I'd like to ask a question. Where are the Commissioners? If we speak on issues that are important to the Grove... Vice Chairman Plummer: OK. We will be in abeyance until we get a quorum. Ms. Carpenter: But, for the future... Commissioner Sanchez: I will stay here until they get back. Vice Chairman Plummer: Excuse me. Ms. Carpenter: You're here. Vice Chairman Plummer: You can ask the others the question you want to ask them. I don't want to proceed any further until such time as we have at least a quorum. Unidentified Speaker: Where are they? Vice Chairman Plummer: Your guess is as good as mine. Mr. Clerk, would you please inform the three Commissioners that I do not have a quorum and I would like at least one to come back into the room. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: Mr. Sanchez. 20 September 14, 1998 Commissioner Sanchez: Let me just state for the record, if there would not have been a mistake this morning on the advertisement for the hearing, I guarantee you, you would have had tripled as much people in here today as we do now because I was here this morning... Vice Chairman Plummer: Excuse me. Excuse me, please. Ladies and gentlemen, we are not the Ted Mack Amateur Hour. There is an absolute prohibition against hooting, cheering, applauding, booing. We would like to operate in an orderly process. The question has already been asked of the City Attorney as to whether or not that mistake constitutes not hearing the issue today but readvertising or whatever else is necessary. So, he will answer that question at such time as we come to Item 3 on the agenda. We now have a quorum. Sir, you have the floor. Mr. Eloy Garcia: Thank you. Eloy Garcia, 4039 Inaqua Avenue and Fire Station Number 8 in Coconut Grove. Not only the police services are going to be stretched out with this but so are fire rescue services. Every time we have to go out and pick up a drunk or couple drunks that have been in a fight, that leaves a whole territory without fire rescue services, including yours, Commissioner Regalado, that we service in Silver Bluff. So, not only is the NET and Police but also Fire Rescue from Station 8 here. Thank you. Vice Chairman Plummer: Thank you, sir. Mr. City Attorney, I had asked a question of you of whether or not this could be handled as an individual item, as a variance, and I'll ask you now to give the answer on the record. Mr. Joel Maxwell (Assistant City Attorney): Well, I think you're speaking of, Commissioner, on special exceptions. There is a provision, Section 4-7 and 4-11 of the Code that allows a special exceptions regarding distance separation for package stores, consumption on premises. In other words, liquor stores that go in, buy it and leave. It does not apply to situations like this, one where alcohol would be consumed on the premises and that's an ordinance that you adopted. Of course, amendments to the code are the prerogative of the City Commission so, you could amend it to comply to this. Vice Chairman Plummer: So, the answer, after all that legalese, is no? Mr. Maxwell: Correct. Vice Chairman Plummer: Thank you. All right. Ms. Dougherty, I'm going to give two minutes of rebuttal. Ms. Dougherty: Thank you, Mr. Chairman. I have obviously not done a very good job of explaining this business because it is not a bar. This is going to be a restaurant. In fact, what I have agreed to do is, instead of 50 percent food, agreed to put in the ordinance itself, any future licenses, getting a license under the distance provisions would have to provide at least 40 percent food. In terms of crime and trash and traffic and noise, we provide security and we're willing to commit to that, in writing, with a covenant or some other agreement with the City voluntarily. In terms of the church, we have not reduced the distance requirements from a churches. This establishment does not sell bottles. You can't buy a bottle. There are no paper products. There are dishes and there's table cloths and there are no paper products. There's no trash and litter to be taken out. In terms of Senor Frogs and his point of having a proliferation of these kinds of licenses. There is a limitation of five of them. This ordinance provides you can only have five. There are already four. So, this would be the last and remaining establishment that would get this kind of license. This is not a pocket item. This was on your agenda at the last City Commission meeting and it was deferred until today, so it was not a pocket item. And here are two things that I think are very important and it's unlike any other establishment, including your restaurants. We have agreed and we will agree in writing not to allow anybody in this establishment that is under 23 years of age. Nobody will be able to drink who is under 23 years of age. And, again, we also commit, if you would give this licensee a chance, not to ask for 21 September 14, 1998 the 5 five a.m. license, like the other four establishments. We will not request the 5 a.m. license but we would comply with the 3 a.m. establishment that there is today. Vice Chairman Plummer: I'll close the public hearing at this time. Discussion among the Commission. Mr. Regalado. Commissioner Regalado: Well, I -- unfortunately, I wasn't here on the workshop on Friday. I hear Lucia explained all the details of this establishment. I, for one, am a member of this Commission who's always welcoming new business. However, what I said the other day still is part of my philosophy, is that we have a very different situation throughout the City of Miami. What is legal in one place is illegal in another place and, unfortunately, the poor areas are the ones that's been hit by illegal label. So, I have to tell you that I understand the need for the City. I wish that it will have many restaurants like that but I cannot vote for this ordinance. Vice Chairman Plummer: All right. Anyone else? Mr. Teele Commissioner Teele: Thank you, Mr. Vice Chairman. I -- just for the record, I've been off the dais. I've listened to most -- to all of the discussions. I hate to sound redundant, Mr. Vice Chairman, but, as I previously stated regarding the process relating to the Manager, which I find now that I've listened to some of my constituents and, quite frankly, some of your constituents, Commissioner Plummer, I find it almost offensive that we would have that kind of process and not have public hearings, particularly when I have been subjected to confirmation processes. Donald Jones was just subjected to one. And, again, it's the process that I'm concerned about. I cannot support this application because of the process. This should never be ever again, Mr. Attorney -- and you can draft it up, my ordinance for first reading. No liquor licenses ever in the City of Miami should ever be granted as a pocket item. I think it's wrong. I think the process is fatally wrong. And I am strongly in support of having a public hearing bringing it forth so that the public that will be affected, that has to live in the neighborhood -- and I'm fully in a agreement with Commissioner Regalado regarding the fact that I think the poor neighborhoods don't have this opportunity, quite frankly, and I think it's important that we establish a clear process to do that. So, I will not be supporting the application because I really do think that we need to send and we need to demonstrate that we're not going to ambush the public on matters that really relate to the quality of life and those things. And I'm very interested in formalizing that process. Vice Chairman Plummer: Thank you, Commissioner. You are aware that it has been reduced from an emergency to a first reading today? Mr. Sanchez. Commissioner Sanchez: My four months here have taught me, I think, the number one priority, and that is our priority to represent our citizens. The citizens have spoken. I mean, the NET administrator against it; the Police Department is against, and the people are against it. Alcohol beverages and church, they don't mix. So I just can't support it either. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: My understanding, we've been saying let's set up standards, comply with the standards and I think we are talking about reinforcement of our administrators in our NET office and I'm a great believer that we -- if we're going to put that emphasis on the NETS, we've got to start listening to the NET offices. Because like I said -- and this is very legitimate businesses and I think they're very good but certain places where some things need to do. Every since I was elected here in November, '93, I've been hearing the complaints in the Grove about the people come out four/three in the morning throwing out the bottles and the so on; the shame and the business have not been able to do anything to avoid those things. I've been 22 September 14, 1998 there. I've seen it happen. I think we need to work on that before we can doing anything else. I think we need to fix what's in existence right now and after you fix it, we can look at it. My understanding is, the differences right now is that they would have to serve 50 percent -- what's the percentage now? Mr. Maxwell: Fifty-one percent. Commissioner Gort: Fifty-one percent food and 49 percent -- I've been in a lot of places where they have that and they do very well. So, I will not be in favor of it either. Vice Chairman Plummer: OK. Any further discussion? The floor is open for a motion. Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Teele. Commissioner Teele: I would move that the ordinance be rejected. Vice Chairman Plummer: Motion made to reject. Is there a second? Commissioner Regalado: Second. Vice Chairman Plummer: By? Commissioner Regalado: Me. Vice Chairman Plummer: By Mr. Regalado. OK. I thought that the best compromise would have been what the Manager recommended but it's pretty obvious that four votes have already spoken and I don't know why I should fight four votes. I thought that we should explore every avenue. I said before that, in my estimation, that this place sat vacant for two years or whatever else, absolutely is a down thing for the Grove but, here again, there's no question that the people of the Grove have spoken. This Commission is going to listen to them. Call the roll. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO.98-884 A MOTION TO DENY AGENDA ITEM 2 (PROPOSED EMERGENCY ORDINANCE TO AMEND CHAPTER 4 OF THE CITY CODE TO ADD NEW SECTION ENTITLED "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (SK-2) DISTANCE REQUIREMENTS," TO LIMIT THE NUMBER OF 4 C.O.P. QUOTA ALCOHOLIC BEVERAGE LICENSE LICENSEES WITHIN SAID DISTRICT TO FIVE). 23 September 14, 1998 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 Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: None. ABSENT: None. Vice Chairman Plummer: Ladies and gentlemen, I thank you. Please exit quietly. We have an awful long hearing yet to go. I will ask that the people remaining for the fire fee -- Mr. Teele? OK. Now, Mr. City Attorney, is, in fact, this hearing this afternoon flawed by the problem existing in the advertisement of this morning -- of the paper, which called for this meeting at 10 a.m.? Mr. Joel Maxwell (Assistant City Attorney): It's my understanding that the add -- and the Clerk can back me up on this. The add published gave the correct time, is that right, Mr. Clerk? Commissioner Regalado: No, no, it wasn't on the advertising. It was on the letter that was sent to the people. Vice Chairman Plummer: OK, I'm sorry. I stand corrected. It was a letter, not the newspaper article. Again, the question is, is the hearing flawed? Mr. Maxwell: No, it is not. Vice Chairman Plummer: OK. So, we then, are prepared to speak to the issue and, here again, officers? Officers of the law, I would ask that everyone come in and be seated as requested by the Commission. Officer, don't be too kind for the outside meetings. Again, I'm going to ask that everyone come in and be seated. There are plenty of seats. There's no charge extra for a front row seat. Again, for the last time, I'm going to ask anyone who is here for the issue to come in and to be seated. I'm also going to announce for the last time that anybody who wishes to speak on the issue, who has not signed their name to the log, please do so at this time. I have 28 names presently. If there is anyone who wishes, raise your hand. This little lady over here is who you see to get on the log. Over here, ma'am. Over here. OK. She'll be at that podium for you to sign up. Now, again, I'm going to have probably 40 names. I'm going to limit everyone to a maximum of two minutes. If, in fact, it starts to get too repetitious, I will cut down from two minutes to one. 24 September 14, 1998 I ask all of you make your points, be strong on your opinion but do not be repetitious of something that has already been said. Ladies and gentlemen, we are now on Item 3. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: If you would allow me a minute, I have a gentleman who's bringing a copy of that letter. It was a city official letter. I would like to see the date on that letter because if it was a mistake made on my part, I think that we owe it to the citizens of this City to be here today, to voice their opinion against the fire fee. Vice Chairman Plummer: Mr. Sanchez, here is a copy of the letter. Would you give it to the City Attorney, please, or do you want it? All right, give it to Mr. Sanchez. I'm sorry. Mr. Sanchez, you have the floor. Commissioner Sanchez: I have a letter here saying, a public hearing will be held 10 a.m. on September the 14th. I witnessed it. I was here at the City Commission. There were several busses that came up here; they parked, and when they were told it was going to be five o'clock. You know what? They took time off of their work and off their busy schedule to be here, I think we owe it to them and I ask that we postpone and have them be here. Vice Chairman Plummer: Wait a minute. Again, we're not running an amateur hour. Please, no applause. Mr. City Attorney, you have heard the discussion of Mr. Sanchez. I will ask the question again. Does anything you have heard flaw the hearing of this afternoon? Mr. Alejandro Vilarello (City Attorney): Absolutely not. This matter is properly before the City Commission. Commissioner Sanchez: Alex? Vice Chairman Plummer: All right. Mr. Sanchez, do you wish to argue with the City Attorney? Commissioner Sanchez: Yes. Vice Chairman Plummer: All right. Commissioner Sanchez: I would like to argue with the City Manager because here it states... Vice Chairman Plummer: Attorney. Commissioner Sanchez: This was -- City Attorney, I apologize for that. This is an official City document saying that the hearing will be held at 10 a.m. A lot of people came; the meeting wasn't here, and they left. And they would have liked to have been heard, so I think that we owe it to the tax payers to have another hearing where they will be here. And I'd like to call somebody up to the podium. If I could have Jose Fabregas, who was here this morning and he will tell you how many busses were here this morning. This is not their fault. It's the City's fault. Vice Chairman Plummer: Mr. Sanchez, may I interject? Commissioner Sanchez: Yes, sir, I yield. 25 September 14, 1998 Vice Chairman Plummer: Thank you, sir. The problem existing is that, if we do not make a decision today, then it will not be an official act on the next upcoming tax bill, OK. Now, I know a lot of people would love that. OK. But the problem is, I don't think that anybody would want to go without at least a hearing to voice your opinions, OK. So, all I'm saying is — sir -- Mr. Sanchez... excuse me. One person at a time. Officer, again, I'm going to ask you -- I'm going to ask these people to make your life easier and come in and take a seat. I wish everybody would come in, make the officer's life easy so that he doesn't have to become forceful, OK. Sir, Mr. Sanchez has asked you to speak. For the record, your name and mailing address. Mr. Jose Fabregas: My name is Jose Fabregas. I'm the Executive Director of Codec, Inc., 300... Vice Chairman Plummer: He asked a question of you. How many people were here that you witnessed at 10:00 this morning? Mr. Fabregas: Yes, sir. I, myself, had two bus loads of elderly citizens in here this morning. Vice Chairman Plummer: And that's approximately 80 people? Would that be... Mr. Fabregas: Yes, sir, correct. Vice Chairman Plummer: All right, fine. You didn't notice anybody else here besides the two buses? Mr. Fabregas: Yes, there was some other people here from this organization right there. Vice Chairman Plummer: But they're here now so they can be heard. Mr. Fabregas: Yes, sir. Vice Chairman Plummer: OK. All right. Mr. Sanchez, we've had -- was he here? No, this little guy in the green. Commissioner Sanchez: Yes, he was. Vice Chairman Plummer: Good, good. All right. Trying to make it a little light. All right. The City Attorney has advised me to please put on the record that, by the show of hands, the great number of people who were here at ten o'clock this morning have shown their hands, that they are back here at five -- after five o'clock this afternoon. Now -- excuse me, I am talking. Now, please, only one person at a time. You want the floor, I'll give it to you but one at a time, all right? Now, the City Attorney has ruled. His ruling is that we are legally constituted. Unless anybody is making a motion that this matter not be heard by the City Commission, we're going to proceed. Just that simple. Does anyone wish to fight the ruling of the City Attorney? OK. We will now progress -- I'm sorry, sir? Unidentified Speaker: I agree with Mr. Sanchez on the issue. Vice Chairman Plummer: Sir, you're not a City Commissioner to make a motion. I said any member of the Commission. Unidentified Speaker: Oh, I'm sorry. Vice Chairman Plummer: All right, sir. OK. We're ready. Now, again... 26 September 14, 1998 Commissioner Sanchez: I'd like to make the motion. Vice Chairman Plummer: A motion to be on the floor. Mr. Sanchez. Commissioner Sanchez: A motion to defer it and have everyone present here to voice their opinion just like they're entitled. Vice Chairman Plummer: Is there a second? Is there a second? Commissioner Teele: Mr. Chairman? Vice Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Vice Chairman? I have a policy that I will second any motion for the purpose of discussion, so that the opportunity to express, to have an intelligent debate about something is not lost, unless it's ridiculous. And I have reserved the right not to second motions. I will second this motion only for the purpose of having the discussion on the record because I need to understand, Mr. Manager, Mr. Attorney, is it legally possible, given the requirements of State law and public notice, to readvertise this matter before October 1? Mr. Vilarello: No, sir. Commissioner Teele: In other words, legally, it would not be possible to readvertise the matter prior to the October 1 provision? Mr. Vilarello: In order for this item to make it onto the tax bill, the certification -- this action -- the Commission has to take action on this item this evening and the certification has to go to the County tomorrow. No later than tomorrow. Commissioner Teele: I need to understand. This morning at ten o'clock, Commissioner Sanchez, you said you were here? Commissioner Sanchez: Yes, sir. Commissioner Teele: And the people were told they could come back at four o'clock? They were told that they could come back at four o'clock? Hold it. And that is, I think, the overwhelming majority of people are saying that they were told, is that correct, that you could come back at four o'clock and be heard? Who made that announcement? Vice Chairman Plummer: Hello. Chief Carlos Gimenez (Fire Chief): We had a fire inspector here because we knew there was going to be a problem with the notice that was sent out. Commissioner Teele: OK. Then, Mr. Attorney, I think it's really important for you to get that clear and on the record as to what I'm trying to help you by eliciting. Would you state who was here, what they said, et cetera, and is that person here? 27 September 14, 1998 Mr. Gimenez: I don't believe the particular inspector was here. His name is Firefighter Fromeda and he was stationed out here prior to ten o'clock, knowing that people were going to show up at ten o'clock and he told them to come back at four. Commissioner Teele: And at ten o'clock he did tell them to come back at four? Mr. Gimenez: Yes, sir. He actually -- he called us and told us there was a couple of bus loads of people and that he advised them to come back because there was a mistake on the notice. Commissioner Teele: Did he have the authority then by you to tell the people to come back at four o'clock? Mr. Gimenez: He was told to tell the people to come back here at four, yes, sir. Commissioner Teele: And, unfortunately, they were told to come back at four and at four o'clock, we began but we took up another matter, so those persons are -- that came back at four were on notice that we would take the matter up at that time? I think, again, it's important, Mr. Attorney, for you to get an affidavit and for you to ask the City -- the Fire Director any questions that you feel may be necessary. Mr. Vilarello: No. In fact, I think that -- it was adequately covered. I will provide an affidavit to the City Clerk for the record. And, in addition to that, as I understand it, there was a sign posted on City Hall indicating that the meeting would be heard later this evening. Commissioner Teele: Who posted the sign and was the sign posted? Mr. Vilarello: Your staff. Vice Chairman Plummer: Excuse me. The Commissioner -- sir, you'll have a seat, please, or be out of order. The Commissioner has the floor. Commissioner Teele: Mr. Clerk, did you do anything in this matter at all? Mr. Walter Foeman (City Clerk): We published the notice, our legal notice, pursuant to the City Commission directive. Commissioner Teele: And that notice said what time. Mr. Foeman: Five p.m.. Commissioner Teele: Five p.m., all right. And that notice is a part of the record, Mr. Attorney? Mr. Vilarello: Yes, it is. Commissioner Teele: All right. I'm satisfied, Mr. Sanchez, that I cannot support the motion but I'm willing to allow or to support anyone else asking any questions that they would like. Vice Chairman Plummer: I thought I afforded that opportunity. Mr. Sanchez... Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Plummer: ...you have the floor. 28 September 14, 1998 Commissioner Sanchez: You know, today, it seems like every time we take one step forward, we make two back. Today we made one of the toughest decisions here, to appoint -- well, it was an easy decision because he's a man with high integrity and honesty, Mr. Chief Warshaw, who is now our City Manager. You know, the number one thing we're doing here is, we have to start restoring faith back in our government and getting close to people and when you get people to be here at ten o'clock in the morning and then pull this hocus pocus on them, you know, and then they show up at five, let me tell you something, I said it before the Commission started -- when it first opened, if we would have had those people that were here in those buses and that large amount of group, we would have had four times the people that we have here and, you know what, we owe it, our local government and our legislative body owes it to every tax payer to come up here and say, you know, you're raising my fire fees, you're going to hear me whether you like it or not. Vice Chairman Plummer: All right. Thank you, very much. No, ma'am, you're out of order. Please be seated or you'll be removed from the room. Ladies and gentlemen, I am trying to handle this in a very orderly way. I now have 45 speakers, OK, and I don't think you want to sit here any longer than I do. We now will -- predicated on the City Attorney's ruling, we will commence with the hearing. Unidentified Speaker: But why was it postponed? Vice Chairman Plummer: Ma'am, it was... Commissioner Gort: You have to vote on it. Vice Chairman Plummer: Vote on the... Commissioner Gort: The motion. Vice Chairman Plummer: He withdrew his second, didn't he? Commissioner Gort: Oh, he withdrew? Vice Chairman Plummer: Oh, you did not withdraw it? Commissioner Teele: No. Vice Chairman Plummer: Oh, OK. I'm sorry. Call the roll. (COMMENTS MADE DURING ROLL CALL:) Commissioner Gort: Before I vote, I want to ask a few questions because, you know, I understand Commissioner Sanchez has got a point and he's right on it but, at the same time, we do have a commitment to those people but we have a commitment to this City also. My question to you is, we don't take a decision today, what happens? Mr. Vilarello: If the City Commission does not vote on this item today, it cannot impose a fire assessment and it cannot be placed on the next tax bill. Commissioner Gort: So, that will be removed out of the budget, that it was proposed? 29 September 14, 1998 Mr. Vilarello: Then you would have a significant gap in the budget that you have approved on first reading and that the Oversight Board has reviewed and approved. Commissioner Gort: OK. If we were not to approve that and the budget's not to be approved, what would happen then? Because I think it's important for everyone to understand what we're going through, OK? Mr. Vilarello: The budget that you will consider on September 28th has to be a budget that is balanced both on the revenue side and the expense side. What this would do is, it would put a hole in your budget of the approximate revenues generated by the fire assessment, which I don't have the total amount of. Commissioner Gort: My understanding is, we don't pass this on today -- we don't pass the budget on the 28th, what happens? Mr. Vilarello: At that point... Commissioner Gort: Because I think everybody should know that and it's very important because we have a commitment to the whole City also. Mr. Vilarello: At that point, Commissioner, as I've advised you before the Oversight Board, would reject the final budget the City Commission adopts and approves on the 28th and, at that point, we would be at the -- we would be in a litigation mode with regard to what the Governor could do as far as taking over the City or not. Commissioner Gort: The reason I'm asking these questions is because Commissioner Sanchez is fairly new in here and he's got all the rights to ask all the right questions and I think he's asking all the right questions because he needs the answers to it so, I agree with you, Commissioner Sanchez. I think you have to do that and you need to do that. But I think it's very important for all of you that's been here from the beginning, my understanding is, the first fire fee that was trying to be implemented here would have been a lot worse than what it is today. My understanding is, some of the things that the other people want to do is a lot worse than the decision that we have taken. This has not been easy for us. We are going through a lot. So, I just want to make sure we put this on the record. My vote is no. Mr. Foeman: Commissioner Sanchez? Commissioner Sanchez: My vote is yes. THEREUPON MOTION INTRODUCED BY COMMISSIONER SANCHEZ, AND SECONDED BY COMMISSIONER TEELE, THE HEREIN ABOVE MOTION TO DEFER CONSIDERATION OF FIRE FEE FAILED BY THE FOLLOWING VOTE: MOTION - FAILED AYES: Commissioner Joe Sanchez NAYS: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J. L. Plummer, Jr. ABSENT: None. 30 September 14, 1998 Vice Chairman Plummer: Well, let me just make one further statement. If there was a way that we could defer this for -- I would do it in a minute. That was the reason I asked the question from the very beginning, was this process flawed? But I am being told that we must do it today and if we do not do it today, we have lost any opportunity to be in compliance with what the budget is we sent to the Oversight Board. OK. Again, I ask everybody, please, with 45 speakers we're going to allocate two minutes each. Try not to be repetitious. Mr. Goenaga, you are the first for two minutes, sir. Mr. Manuel Gonzalez-Goenaga: Well, for the first time, I am in favor of this Commission and against the citizens and I tell you why, friends. I have been coming here accusing the previous administration of fraud, of deceit, of corruption, and I paid very dearly being arrested at least 10 times. I was never invited by the radio stations to talk bullshit with MarthaFlores and explain... Vice Chairman Plummer: Wait, wait, wait, wait, wait. You're out of line. Mr. Gonzalez-Goenaga: Wait, wait. Let me tell you why. Vice Chairman Plummer: Sir, I will not stand for any obscenities. One more time... Mr. Gonzalez-Goenaga: There's no obscenities. Vice Chairman Plummer: ...and the officer will accommodate you to the jail again. Mr. Gonzalez-Goenaga: The obscenities, I see them here and I have seen them for 10 years. Worse than obscenities. Let me tell you, this is a "fait accompli," babies. You never protest after everything is going on. You have had a lot of opportunity and you didn't care. Now, you're acting like the Cuban time during Fidel, that he did not want Batista, anyone but Batista and now they got Fidel and what happened? A lot of people started running away. No, that's not the way. You have to work the American way. This is America. This is not Cuba. And I hate to see people rebellion, rebellion on radio stations talking bull. Thank you very much. And excuse me, Mr. Plummer. Mr. Christopher Columbus. I am in favor of the thing. We deserve it. Vice Chairman Plummer: Forty-four more like you and I'll leave town. The next speaker is Margarita Cotes. I have -- is it Cortes or Cotes? Ms. Margarita Cortes: Cortes. Vice Chairman Plummer: Excuse me, please. Your name and mailing address for the record, please. Ms. Cortes: Margarita Cortes, 178... Vice Chairman Plummer: The next speaker is Urbano Nunez at this microphone. Ms. Cortes: One seventy-eight fifty Southwest 70th Place, Fort Lauderdale. Vice Chairman Plummer: I'm sorry? Say that again. Ms. Cortes: One seventy-eight fifty Southwest 70th Place, Fort Lauderdale. Vice Chairman Plummer: Fort Lauderdale? 31 September 14, 1998 Ms. Cortes: Yes. But I have property here in Miami. Vice Chairman Plummer: Oh, OK. All right. Go ahead. Ms. Cortes: I have it over there. OK. I do not agree on this fire rescue new tax law. The thing is that, I have -- one of my property have six apartments, one bedroom, and for over three months I have two empty apartments and, at the end of this month, I'm going to have three. Every time I put an ad in the paper, they keep complaining about the neighborhood. They don't like the neighborhood. So, if they keep adding new tax and more things, I'm going to lose my property and I have my property since 1984. And I have two kids, OK. One daughter is in FIU (Florida International University), OK; that I have bought that property out of their father's that passed away 1983 and I don't think it's fair to keep putting new taxes and new things for us homeowner. Thank you. Vice Chairman Plummer: Thank you, ma'am. The next speaker after Urbano Nunez is Louis Tojici. You're the next speaker after this gentleman, sir. For the record, your name and mailing address, please, sir. We need a translator, Mr. Manager. OK. Name and address for the record. Mr. Sabano Nunez (Translated by Chief Gimenez): His name is Urbano Nunez, 626 Southwest 15th Avenue. Vice Chairman Plummer: Tell him to proceed. He has two minutes. Mr. Nunez (Translated by Chief Gimenez): He said he's not in favor of the fire fee and he's 75 years old, going on 76, he's still working and, basically, he's not in favor of the fire fee. Vice Chairman Plummer: All right. Louis, you're the next speaker, and after you is Andres Mesa. Louis, you have two minutes. Your name and mailing address, please. Mr. Louis Tojici: My name is Louis Tojici. I own the place at 350 Northeast 78th Street, Miami, Florida. I was first at three residential units. In fact, I have only storage space there. I bought that place about -- almost 20 years ago. It was burned building down, structure building -- wooden building. It was all burned inside. So, the previous owner before I bought, he took everything out so we just left like this and use just for storage area. So, suddenly -- I don't know how this happen, whoever came down to assess this as three residential units. Vice Chairman Plummer: All right, sir. Anything else? Mr. Tojici: That's it. Vice Chairman Plummer: Thank you, sir. Mr. Gort. Commissioner Gort: Let me ask a question. My understanding, what this gentleman is saying is, they no longer use that as an apartment building. He uses that as a warehouse, am I correct? Mr. Alejandro Vilarello (City Attorney): Commissioner, if I could, without addressing his issue specifically, if there are any errors in the assessment, those can be brought to the Manager's attention and those can be corrected. 32 September 14, 1998 Commissioner Gort: Well, I think it's important, the reason I brought this up, for you to put on the record, that one of the things we talked about, there should be a PO process to go along with this. Vice Chairman Plummer: OK. Let's see. The next speaker Andres and after you is Francillon Joseph at that microphone. Mr. Andres, your name and mailing address for the record. Mr. Andres Mesa: My name is Andres Mesa. My -- I live in 22 7th Street, Northwest, in Miami. Vice Chairman Plummer: All right, the Chief will translate for you. Mr. Mesa (Translated by Chief Gimenez): He wants to know that if, in the City of Miami, terrorism is condemned? Vice Chairman Plummer: The answer is yes. Next question? Chief? Mr. Mesa (Translated by Chief Gimenez): He wants to know why whoever sent this particular notice is not in jail because this is terrorism of the State. Vice Chairman Plummer: Chief, will you answer that in Spanish, please? OK. Mr. Mesa (Translated by Chief Gimenez): He said he paid the first assessment and he had basically not too much problems with it but now that they've raised the fire fee that much, he wants to know who's going to be able to pay for that. Commissioner Regalado: But, Carlos... Commissioner Gort: A hundred fifty-five percent he stated. Commissioner Regalado: He said a hundred and some percent. Vice Chairman Plummer: Chief, if you would, please. Mr. Mesa (Translated by Chief Gimenez): What he's saying, is that the difference between the twenty-four dollar ($24.00) initial fee and then the sixty-one dollar ($61.00) fee that's being proposed today is more than a hundred percent increase. That's basically what he's saying. Vice Chairman Plummer: Thank you, sir. Do you have anything else to say? Mr. Mesa (Translated by Chief Gimenez): God bless you and we through Vice Chairman Plummer: Did you understand that? Mr. Mesa: Si. Vice Chairman Plummer: I didn't. Gracias. Mr. Mesa (Translated by Chief Gimenez): He said that the dollar speaks all languages. Vice Chairman Plummer: OK. After Francillon is Annette Eisenberg at this microphone. Mr. Joseph, please, your name and mailing address. 33 September 14, 1998 Mr. Francillon Joseph: I am Francillon Joseph, 6837 Northwest 3rd Avenue. In my own understanding, I realize, you know, this time is unfair for poor people like me. I'm 61 years old. I got three small units. I collect only 61 — 60 --six hundred and fifty dollars ($650) a month. If I check how much money I pay tax for the City -- you see, if I don't work, you see, I can make my living if I have only that piece of property to live. So, all time when the people in City of Miami want me to vote for them, they always rob me little. This time I want their help. So I am disagree definitely with that tax, you know, the City put, you know, on people this time. On my own understand, I understand, you know, that we have to pay tax but for this time, I am ... I'm not agreed to pay no more than fifty dollars ($50) as a tax on that situation. Vice Chairman Plummer: Thank you very much, sir. Annette Eisenberg and the next speaker at that microphone will be Mr. Phillip Thomas. Ms. Annette Eisenberg: Annette Eisenberg, 1180 Northeast 86th Street, City of Miami. I certainly will not enjoy paying any additional taxes; however, I do not enjoy the possibility of the City, my City since 1950, being absorbed by the State because we do not have the financial ability to govern ourselves. Ladies and gentlemen, it's unity time now. I will pay the taxes if you, the Commission, will guarantee me a City that I can be proud of once again. Vice Chairman Plummer: All right. Thank you. After Mr. Phillip Thomas is Annette Dubois at this microphone. Mr. Thomas, for the record, your name and mailing address. Mr. Phillip Thomas: Phillip Thomas, 8250 Northwest 27th Street, Miami, Florida 33122. Vice Chairman Plummer: Officer, if you would -- Mr. Thomas, I apologize on behalf of the audience. You now may proceed, sir. Mr. Thomas: Thank you. First of all, I want to thank Mr. Sanchez for his motion to defer this meeting. I don't know Mr. Sanchez. He's new on the council but it took a great deal of courage for you to do that, sir, and I applaud you for it. Secondly, I came at 9:30 this morning, with no prior notice, and was told that it would be this afternoon. I looked on the door and there's a posted notice to the effect that this meeting would be at four o'clock this afternoon, not five but four, and that notice was dated September the 9th. Now, in my opinion, someone in authority had the right or the obligation to put in the Miami Herald, put on the radio, to put on television, the fact that this meeting was deferred. And I consider the person who failed -- person or persons who failed to do that, whoever they might be, to be in dereliction of duty. This is not a private enterprise or public enterprise. If they worked for me, they would have been fired because of the inconvenience to all of these people and the hundreds that came earlier this morning, and I think it's a travesty -- and I'm going to ask all of you to hang your head in shame, whoever was responsible for it. Now, I have a very valid point to make and I want to make it to the City Manager and to the Clerk. Your City Attorney has said that this non ad valorem fire assessment is not a tax. We had that out at one of our earlier meetings. You hit the 10 mill tax. You can't go any higher. This is not a tax and, as such, according to your City Attorney, this may not be deducted from a homeowner's income tax as are your ad valorem taxes. You can't take this tax -- a homeowner can't. Now, a commercial property can, but a homeowner cannot. I make the point that the people who are going to receive the tax notices should be advised not to try to take this assessment off their 1040 and their income tax because, if they do, they'll be subject to fines and interests and late fees from the Internal Revenue Service. And I recommend -- and I'm going to pass out to the Commissioners that the Clerk and/or the City Manager put in, with the tax notices, either in bold print or by separate letter to all affected homeowners, do not take this item off your income tax. It will be illegal and you'll be challenged. 34 September 14, 1998 Vice Chairman Plummer: Thank you, sir. Annette Debois and the next speaker is going to be Carolyn Williams. Annette Dubois, you're -- for the record, your name and mailing address, please. Ms. Annette Dubois: My name is Annette Dubois, living at 3230 Southwest 56th Avenue. That's in Ocala, Florida. I too have an all day yesterday to come down here ten o'clock this morning and when I came here, there was a guy at the door who tell me the meeting will take place at 4:00, which I came again. But what I came here today, what I think about this tax. I think it's wrong. This is wrong because I got a nice unit, which I rent not more than three hundred dollars ($300) a month. Then I cannot raise my tenant. If I raise them, I got already three apartment vacant. They're going to move out on me. After I finish pay all the bill I got, I hardly left anything for myself, which I try, you know, to keep the place full and I cannot do it. Last month that was 6-30-1998, which the City of Miami send me a fee for five hundred and seventy dollars ($570), which I sent the check to them and they cash it. That was for the fire fee. Then this month they send me this one here. They say they going to raise it, you know, for this amount, which is fourteen hundred dollars ($1400) but I'm wondering, Mr. Plummer, how I'm going to get that money to pay for that fee? Because I hardly can pay four hundred seventy dollars ($470) -- five hundred seventy dollars ($570)? How I'm going to pay fourteen hundred dollars ($1400)? This is -- that's what I'm saying. So, I completely not go along with that fee. Thank you. Vice Chairman Plummer: Thank you, ma'am. You raise a good point. Chief, she raised a very good point and I'm going to ask you to address it after everybody else has concluded. Is there any method in which they can pay over a period of time rather than a lump sum? I think it's a question that's got to be answered. OK. The next speaker is Carolyn Williams and, after Carolyn Williams, is Mario Romero at this microphone. Ms. Carolyn Williams: Carolyn Williams, 3960 Northwest 168th Terrace, Carol City, Florida. Vice Chairman Plummer: Thank you, ma'am. Ms. Williams: I don't agree with the tax. I'm paying twelve hundred dollars ($1200) a year for that property that's just a two bedroom home and, plus, I pay 25... twenty-four dollars ($24). In May I got another bill for sixty-one dollars ($61). I can't afford that. Vice Chairman Plummer: This is your residence? Ms. Williams: Sir? Vice Chairman Plummer: Is this your residence? Ms. Williams: No, sir. Vice Chairman Plummer: It's rental property that you... Ms. Williams: Yes. Vice Chairman Plummer: Oh, OK, I'm sorry. I misunderstood you. Ms. Williams: Ain't but four hundred dollars ($400) a month for the rent though. Vice Chairman Plummer: OK. Anything else you wish to say? 35 September 14, 1998 Ms. Williams: No. Vice Chairman Plummer: Thank you for being brief. The next speaker is Mario Romero and after Mario is Alex -- how do I pronounce it? Mr. Alex Riocabo: It's all right. Vice Chairman Plummer: I'm close. Mr. Alex Riocabo: Riocabo. Vice Chairman Plummer: OK. Mario, you're on. Mr. Mario Romero: OK. Vice Chairman Plummer: Your name and mailing address, please. Mr. Romero: Yes. My name is Mario Romero. I live at 540 Brickell Key Drive in Miami. The reason I'm here is to oppose the tax. I think we are already paying too much taxes and what's going to happen? We just working for taxes. Vice Chairman Plummer: Anything else, sir? Mr. Romero: No, that's it. Vice Chairman Plummer: Thank you, sir. Mr. Romero: I'm really opposing the taxes. I think it's criminal what's happening. Vice Chairman Plummer: Thank you, sir. Alex, after you is Elizabeth Cimadevilla. All right. Excuse me if I didn't hit it right on the head. Alex, your name and mailing address, please, and you have two minutes. Ma'am, if you'll come over here. Thank you. Mr. Alex Riocabo: OK. My name is Alex Riocabo. The mailing address is 2550 Southwest 9th Street. OK. This is a four unit building, which we own, and, basically, right now, it takes three and a half months just to pay for taxes and fees. With this new fee, it's going to take into the four month. I mean, you take four months worth of its rent just to pay fees. That's not talking mortgages. It's not making any money right now. Basically, we paid the first one and then it came back now, which is going to be higher. I think someone had said that before. I think it's gotten to a point that we have to ask ourselves, is it economically feasible to keep running this City the way it's run or maybe we should incorporate with the County? I don't know. The County is very efficient. I mean, I'd hate to see Miami go because I love the City of Miami but we have Miami -Dade now. It is now Miami -Dade County. So, we will never lose the name Miami. I would say, any business -- I'm a businessman. If my business doesn't work, it'll go bankrupt, either 7 or 13 or it'll close, and that's exactly what's happening today. So, you gentlemen have to make a decision. We've got to get our books in order or go. Mr. Plummer, I do want to make one comment. Vice Chairman Plummer: Surely, sir. Mr. Riocabo: I was a little bit offended when you laughed at this gentleman's accent because I am a Cuban American, American by choice. 36 September 14, 1998 Vice Chairman Plummer: You mean -- sir... Mr. Riocabo: I'd like to say something... Vice Chairman Plummer: Excuse me. Mr. Riocabo: ...to these people. Vice Chairman Plummer: Are you talking about Boom -Boom? Mr. Riocabo: No, no. I'd like to tell -- yeah. Vice Chairman Plummer: Yeah. Sir, if you've been around here at all, you know Boom -Boom and Boom - Boom is Boom -Boom. Mr. Riocabo: Oh, yeah. But... Vice Chairman Plummer: And he, sir, is a laughable matter. Mr. Riocabo: Well, I mean, I look at my... Vice Chairman Plummer: All right. Sir, if I, in your opinion, offended him, to you I apologize. To him, we understand each other. Mr. Riocabo: OK. Vice Chairman Plummer: Good enough? Mr. Riocabo: Thank you. Vice Chairman Plummer: Thank you, sir. OK. Let me get straight here. Elizabeth, you're next and Deborah, by the same last name, at this microphone. OK. Then I can't mispronounce it. OK. If you will, for the record, your name, mailing address and you have two minutes and we, again, ask not to be repetitious. Ms. Elizabeth Cimadevilla: Sure. My name is Elizabeth Cimadevilla. I live at 1305 Southwest 30th Avenue. I'm basically here because this is really hurting me. I grew up in Miami and it's really hurting me to see the way the City of Miami is going and where it's actually going to end up in the future. I saw what happened in New York when it got too expensive for landlords, for small business owners, for anyone to live in a certain part of town. And what happened was, the buildings deteriorated; the people moved out; it became drug infested and, yes, we can have clean streets but if we have clean streets with nobody living and can afford to live or do business in a certain area of Miami and it's not just one area. There's plenty of low income areas and middle class areas that need a lot of help and there's going to be a lot of people that are going to be out of homes, out of businesses. You're going to be losing a lot of money in the long run. You might be able to make and extract a few millions now but, in the long run, you're going to have a city that's not going to be worthwhile living or doing business in and this is something that you should all consider because it's something very, very important. You have to remember that the livelihood of a city is its people and how they live and how they're able to live and survive in the city. If we have poor employment; we have poor cities because they're all dirty and deteriorated, we won't have a City of Miami and it's going to 37 September 14, 1998 hurt, not only me a lot, it's going to hurt a lot of the public, everyone that lives here. We all have a right to live here and to live here with not just making enough to pay bills, to be able to live in this City. And you know what, there's going to be a lot of people suffering a lot. There's going to be a lot of single family homeowners that are retired that make only a check and they're only able to pay so much. What are they going to do? They're going to have to leave their own homes that they have paid for for so many years and have paid pay taxes for so many years, you know? I understand that the budget has to be -- it has to be accomplished and I'm not saying that -- OK, we up the millage; we up the assessed values but you know what, there should be no reason for special assessments. If you do go ahead with the special assessment, you know what, why don't you put a clause or an amendment --I'm not a political person, so I wouldn't know what the right term would be. But why don't you do something so at least that the people know that it's going to be something only for the next two years or something, so that we all feel comfortable knowing, OK, we're going to recuperate this money; we're going to build this City but, at the same time, not only are you going to look out for your personal interests but you're also going to look out for our interests. Then we can say, you know what, after so many years of sacrificing ourselves to balance this budget, OK, we know that two years from now, we're going to be able to relax ourselves. Vice Chairman Plummer: Thank you, ma'am. Commissioner Regalado: Elizabeth, Elizabeth? I'm sorry. Vice Chairman. I think that Elizabeth deserves an answer and she's right, the first fire fee was established only for four years for the purpose of buying equipment. That is in the law. Vice Chairman Plummer: That's five years total. Commissioner Regalado: Five years, I'm sorry. That's the twentyfour dollars ($24). That's the law. However, the rest of the fire fee ... if you were here when Donald Warshaw was confirmed as City Manager, he had said -- we all have said that we plan in the next budget to relieve some of the fees and the taxes that the people of Miami have to suffer this year. I have consulted with the City Attorney and with the City Manager and I plan to bring, as one of the things that we're trying to do to bring back the City, an ordinance creating a special account, whereas all the recurring revenues are revenues that the City will get in the next month will be used by this Commission to defray some of the fees and the taxes next year. I think that you are a very active person. I've seen you in all the meetings here and you have to understand that none of us wanted to vote for the fire fee or for the taes. It was either, if we don't do it, the Governor was empowered to do that with more taxes. Ms. E. Cimadevilla: Right. And I... Commissioner Regalado: What we did is, we saved the people of Miami more than six million dollars ($6,000,000) in taxes and this is what we're trying to do. Ms. E. Cimadevilla: No, I understand. Vice Chairman Plummer: I would like to move on and we can hold the questions until the very end. Commissioner Regalado: I know but... Ms. E. Cimadevilla: I understand... Commissioner Regalado: But I think it's important that the people understand that's none of us here want — I -- you know, I work for a living too and I have a house and I have to pay the fees and it's very difficult and 1, 38 September 14, 1998 for one, on the media, I am campaigning for the constitutional amendment that would give people 65 years old or older a double homestead exemption and I know that eventually that would hurt the City of Miami but I think that, at least, we can give an immediate relief to the people that are retired and the people that you mentioned that are retired and on a fixed income. Vice Chairman Plummer: Thank you, Commissioner. Commissioner Regalado: You know, it's something that we have to do and I just wanted to say that. Vice Chairman Plummer: Deborah, by the same... Ms. Deborah Cimadevilla: One question. Why did go it go from 30... First, it was no, then it was 30, now it's 74. Vice Chairman Plummer: All right. We'll get you an answer later. Deborah can ask a question. I know the answer. Ms. D. Cimadevilla: Besides everything, I'd like to thank Sanchez because I think he's the only one up there that knows anything up there. Vice Chairman Plummer: All right. To my -- the rest of these dummies. All right. Deborah by the same last name and after her will be Fermin Pastrana at this microphone. Ms. D. Cimadevilla: OK. My name is Deborah Cimadevilla and I reside at 1305 Southwest 30th Avenue, Miami, Florida 33145. I'm not going to repeat everything my sister has just said. I guess we'll continue right there. I remember... Commissioner Sanchez: No wonder you look alike. Ms. D. Cimadevilla: I'm sorry? Commissioner Sanchez: No wonder you look alike. Ms. D. Cimadevilla: I know. We should do some kind of City sitcom or something and make some money for the City, right? Anyway, I remember that, first, it was a great morale thing. No fire fee. Everybody came. Everybody was here. 1, personally, represent the Little Havana tenants and people that reside there in that area because that's what I know. And I have to say that people have made an immense effort. And, as politicians, I would hope that you're visionaries. You're supposed to look into the future. It's not only them. They're older now but what about what's coming? What about the children of that area? How are they suppose to grow, be educated and live in a safe area, somewhere where drug dealing is not the way to make money? Now, these people have come to show their feelings, how they feel, and I think that it should be acknowledged -- I think that, as people who are voted into office, you should acknowledge how people feel and do something about it. Now, at first it was no fire fee. Then it was thirty dollars ($30) or something like that every 60 months. I mean, every six months. I wish it was every 60 months. Third, then now it's raised up to 74. Why does that happen? Why is that happening? Because we are growing tired and the people have no belief anymore and pretty soon, let me tell you, people are going to want to abolish the City of Miami. They're going to want to make it just Florida -- under Florida because no one believes in you anymore. And I have to say that we voted for you. We voted for you. And, as far as I'm concerned, Regalado, Sanchez, both of you have my vote but the rest of you -- and Teele, which he likes to hear himself talk so much, where is he? Where is he? Because he will talk for a long time... 39 September 14, 1998 Vice Chairman Plummer: Ma'am, may I ask, please, to stick... Ms. D. Cimadevilla: And it becomes a self -glorifying show but its all about us. This is about us, not about politicians. It's about us. And that's what I have to say. Vice Chairman Plummer: Thank you. After Miss. Ms. D. Cimadevilla: And I demand some answers, by the way, and I think they do too. Vice Chairman Plummer: We've heard that already. All right. After Mr. Pastrana is Joel Matos at this microphone. Mr. Pastrana. Am I close? Mr. Fermin Pastrana: Close enough. Vice Chairman Plummer: Good enough. Thank you, sir. Mr. Pastrana: Fermin Pastrana, 2905 Southwest 17th Street. Honorable Commissioners, this is first time I've ever been to a session like the one we're having here. I really learned a lot in very little time. I appreciate Commissioner Regalado's words. They help me understand a little better the position of the Commission but I believe, as a Commission, you have to understand the constituents, your constituents, the people that are here are telling you to send a message to Tallahassee. Tell them we will not pay special assessment taxes. You save us a lot of money. Save us some more money. Tell them no, we will not pay it. It has to stop some time because if this goes on, then another special assessment tax will come with its proper legislation and you'll keep trying to tell us it's for our good but it's not. You save us six million. Save us 10 million. Look what happened in Pembroke Pines. Isn't that clear enough? Isn't that clear enough for you as a Commission? The people don't want it. They don't want it in Broward County. They don't want it in Dade County. They don't want it anywhere in Florida. Listen to what the people are telling you. You all have property too. You're going to pay the same tax. I can't understand how you can let it go through legislation that way and make it a part of a proposed budget, to balance the budget. So, listen to what people are telling you. It's logical. We don't want anymore taxes. Thank you. Commissioner Gort: Thank you. Next Joel Matos. Joel Matos over here. Mr. Joel Matos: Yes, sir. Commissioner Gort: No, no, You can stay there. That's fine. OK. Mr. Matos: I'll go over there because I need someone to translate. Commissioner Gort: OK. Felix Morales will be the next speaker. Mr. Matos: My name is Joel Matos. I live at 4340 Southwest 6th Street, Miami, 33135. Commissioner Gort: Chief, you better translate. Mr. Matos (Translation by Chief Gimenez): He's saying that the -- that his taxes have been raised tremendously over the last 10 years and he doesn't know where he's going to get the money in order to pay those taxes and that he's against increased fees in garbage and fire. 40 September 14, 1998 Vice Chairman Plummer: Is that it? Mr. Matos: Yeah, but... Commissioner Regalado: No, that's not it. He's talking about the value of his home. The fact that the value of his home was raised and this is done by a department in the County. The City of Miami does not... Vice Chairman Plummer: Do it in Spanish. Mr. Matos: In 19 -- in 199... Commissioner Regalado: (Speaking in Spanish). Mr. Matos: (Speaking in Spanish). Vice Chairman Plummer: All right. Can we speak to the issue, please, is the fire fee? Commissioner Gort: The question is, is the Commission the one that raised this taxes here? Si. Vice Chairman Plummer: The answer is -- to the question is yes. Is he completed? Mr. Matos: Yeah, but I want to know where I'm going to get the money to pay one hundred fifty-one thousand dollars ($151,000). When I retire, I don't have any other income in my house. I don't work. I can't work. I want to know where I get the money. I want to know, what do the Commission think about the old people? Can you, please, tell me that, please? Vice Chairman Plummer: A hundred and -- did he say a hundred and fiftyr-one thousand? Mr. Matos: You can tell me where I get the money? I want the Commission to tell me that, please, where I get the money to pay one hundred fifty-one thousand dollars ($151,000)? Vice Chairman Plummer: Excuse me. Chief, is he saying a hundred and fifty-one thousand dollars ($151,000)? Commissioner Gort: Fifteen hundred. Mr. Matos: My taxes... Vice Chairman Plummer: How much? Mr. Matos: Thirty-five hundred now but when they raise it for'98 now. Vice Chairman Plummer: Is it forty-five hundred? Mr. Matos: Thirty-five hundred. Vice Chairman Plummer: Thirty-five hundred? Mr. Matos: Yes. 41 September 14, 1998 Vice Chairman Plummer: Thank you. Mr. Matos: But they raise — they -- thirty-five hundred what -- buy the house. One hundred forty-four thousand but now they put one fifty-one thousand. Vice Chairman Plummer: OK. Mr. Matos: How much you want me to pay now, maybe four thousand, five thousand over here in Little Havana? I want to pay more taxes Julio Iglesias over there in Miami Beach. Vice Chairman Plummer: OK. All right. Mr. Matos: But you don't know but that's true. Vice Chairman Plummer: All right, sir. Mr. Matos: Over here in Little Havana want to pay over four thousand dollars ($4,000). Where do I get the money to pay that? Vice Chairman Plummer: Thank you, sir. Mr. Matos: Thank you. Vice Chairman Plummer: Thank you, sir. The next speaker is John Landers and after John is Peter Clancy. And, for the record, Mr. Manager, Mr. Landers asked me to give all of these envelopes to you and to tell you, sir, this is one of the ways to cut -- I didn't know you'd already -- was going to speak, so I'm stealing your thunder. Mr. John Landers: That's all right. Vice Chairman Plummer: To take it from there. Mr. Landers, your name and mailing address for the record. You have two minutes, sir. Mr. John Landers: John Landers, 844 Belle Meade Island Drive, Miami, Florida. I pay about fifteen thousand a year in taxes between combined properties. I think, rather than taxing us more and more and more, you need to look at ways to cut taxes, cut salaries, cut waste in any way possible. I think asking us for more money is ridiculous. Absolutely absurd. I've got a house in Key Largo. If you want my next mailing address, that's what it's going to be because I'm out of here, unless something's done. Vice Chairman Plummer: Thank you, sir. After Mr. Clancy is Placido Diaz. Mr. Clancy, for two minutes, your name and mailing address -- is Mr. Diaz present? That's fine. Thank you, sir. Mr. Peter Clancy: Yes. My name is Peter Clancy. I live 16921 Southwest 80th Court. I'm here today on behalf of a tax payer organization made up of City of Miami tax payers known as Tenants Tax Payers United For Fairness, whose acronym is TUFF. I'm the president of that organization. I'm also the president of Institute of Real Estate Management, South Florida Chapter, which represents over a billion dollars worth of commercial property in the State of Florida. My comments today would relate to the class action lawsuit, which TUFF members have filed against the City of Miami. On May 15th of this year, TUFF members filed a class action lawsuit which seeks to declare the fire fee illegal and unconstitutional. It seeks a refund of all 42 September 14, 1998 fire fees paid by all tax payers in the City of Miami. The lawsuit is proceeding in the courts. It's now in the discovery phase. A class action certification hearing is scheduled for October, so it's moving through the courts. TUFF has raised substantial funds and has instructed its attorneys, Alice, Perlman and Tropp, to carry the lawsuit through the Florida Supreme Court, if necessary. I'm sure the Commissioners are aware of the City of Pembroke Pines' lawsuit. Judge Moriarity ruled against the City of Pembroke Pines fire fee. The judge ordered the city to refund four million dollars ($4,000,000) in fire fees to its tax payers. That decision is now in appeal. Is that the time? Vice Chairman Plummer: Sir, you have 30 seconds to finish it up. Mr. Clancy: OK, I'm sorry. Miami is now faced with the prospect of having its own fire fee ruled illegal. This means multi -millions of dollars of refunds. For next fiscal year, fourteen and a half million dollars ($14,500,000) in all. Don't expect the outside attorneys, you've paid hundreds of thousands of dollars, to tell you a fire fee was easy money to back off of their position in face of a legal threat. They want to stick around and make even more money defending a lawsuit. After all, their legal opinion was conveniently conditioned on them also being hired to defend the City in their legal opinion in the event of a challenge. Do the right thing. Defeat the fire fee increase and scrap the fire fee. Thank you, sir. Vice Chairman Plummer: Thank you, sir. Mr. Diaz is next and after ... oh, oh, here comes another one. Manuel Cimadevilla, the third member of the family. OK. Mr. Diaz, if you would, sir, your name and mailing address and you have two minutes. Mr. Placido Diaz: Yes. My name is Placido Diaz and I reside at 2100 Southwest 7th Avenue. I have a very unique perspective... actually, two perspectives as far as the fire fee is concerned. It just so happens, not only am I an active employee of the City of Miami, I'm a police officer with the City of Miami. I'm also an active investor. I represent a large pool of investors that have, for the past eight years in my direction, put large sums of money into the City of Miami, namely in real estate. And the City Attorneys, I've worked closely in conjunction with them in rehabilitating dilapidated properties in the worst areas possible in an effort to make the City a better place. I was born and raised here in the City of Miami and I love the City of Miami. I'm not going to leave. When the first fire fee came into light, I wasn't in favor of it. It was explained to me. It was a necessity at the time. And my understanding was, it would be a limited time. This additional fire fee is just unbelievable. I'm having a hard time convincing myself of it, let alone the people that back me with the funds to come into the City of Miami. I have -- I believe -- and this is my personal opinion, based on the trends that I've seen in the inner city, Overtown and the low income areas of the City of Miami. You're going to find a great number of properties coming off your tax rolls as a result of this. You're going to find investors leaving the City of Miami and going elsewhere as a result of the additional fees and costs to them. The numbers aren't there for them. They work on a very small margin at times. The percentages of profit are very low and this has just pretty much brought them down to nil. You can't raise the rents on these people. I could take you to hundreds of people that I personally manage the properties on and they can't afford it. I don't have the heart to raise the rents. We're working very hard to make the City of Miami a better place. I ask you to do the same. If, in fact, this does go through, which I believe it has -- it's going to anyway, I strongly urge you to look at alternatives in the form of either commuter tax; in the form of taxing the other governmental buildings that are inside the City of Miami in the form of maybe assessing fees against them, assessing fees against organizations that pretty much use the facilities and the services that we so much are in need of. Thank you. Vice Chairman Plummer: Thank you, sir. After Manuel is Monique Taylor at this microphone. Mr. Manuel at 1305 Northwest 30th Court. You have two minutes. No? Mr. Manuel Cimadevilla: No, 6755 Southwest 39th Terrace. 43 September 14, 1998 Vice Chairman Plummer: OK. You have two minutes, sir. Mr. Cimadevilla: OK. I think the fire rescue fee is going to hurt property value in the City of Miami significantly, especially to a lot of multi -unit apartment owners. Me, myself, I have three buildings in the City of Miami and what's happening is that, if you drive all over the city of southwest area, you're going to see for rent, for rent, for rent. Now, before, people used to put up their for rent signs. Now, you know what you do, you just put a big one, big one right in front of the building and you stick it there with nails because you know you're always going to have -- I always have rentals available and I only have 21 units and I always have one -- I have -- always have vacant apartments. And what's happening is, now you have to rent these apartments and you can't even get a decent deposit. You have to sacrifice yourself and say, well, you ain't got the deposit? OK, well, give me the rent and give me half of the deposit and then just give me ten dollars ($10) a month, just to be able to collect the rest of the deposit. Now, that is the reality, not my reality but everyone's reality. Now, what's going to happen is, not only do you see for rents, but if -- before I used to look for apartment buildings to buy, it was hard not. You had to look through the multiple listing service. Even if someone was selling a building, they wouldn't put a for sale sign in front of the building because they'll -- they feel bad for the tenants because they have a— they -- you know, they feel well, I know the tenants. I don't want to make them feel like I'm selling out on them. Now, you drive by the City of Miami, you see for sale, for sale buildings that I said, wow! This is a rare thing to see, where you have property owners selling a lot of multi unit property and the -- and me, specially, if these fees are going to go -- keep on going up -- I was opposed to it but if they're going to keep on going up, I'm not going to invest here. I'm not going to buy in the City of Miami because you can't raise the rent. You have to go down on the rent. You have to go down on the rent, down on the deposits and you have more fees, more taxes. Doesn't make sense as an investor. That's all I have to say. Thank you. Vice Chairman Plummer: Thank you, sir. Monique Taylor and at this microphone will be Judy Clark. Your name and mailing address and you have two minutes. Ms. Monique Taylor: My name is Monique Taylor. My address is 1271 Northeast 85th Street in the City of Miami, darn it. Well, gentlemen, I'm here to bring two points. One was already made. As we speak, people are scrambling, property owners are scrambling to secure mortgage money to the highest possible amount they can find. They're mortgaging their property. Their intent is to milk the property, not to do any repairs, not to pay any taxes, not to do anything. To pull out of those properties as much of the money they've invested as they possibly could and walk. There are hundreds of property owners doing just that in the City of Miami. And the fire fee is the worst boomerang you could possibly think of. It's going to lower everything that exists in the City of Miami. The single family homes are certainly not spared because there is no single family home community that is healthy if it's not surrounded by a healthy commercial community and we may not forget that. And we -- you are destroying this City, as we know it. It's going to be a total debacle and there aren't any buyers. Those for sale signs are there. They're everywhere. But nobody buys them. What this City needs is reorganization. And my second point is that I am appalled by the fact that, in order to put a fee, not a tax now, a fee, onto -- added onto the ad valorem taxation bill, four million of our dollars -- am I right, Chief -- were earmarked just to be able to put that fee on the tax rolls, which may not be legal at all because if you don't call it a fee -- if it's not a fee, how can you sell a tax certificate if it's not a tax? How can you sell a tax certificate? Can you answer me, Mr. Attorney? That's what we keep hearing. It's not a tax, it's a fee. Mr. Vilarello: It's an assessment. It's an assessment and an assessment can be sold as a tax certificate. Ms. Taylor: You can sell a tax certificate for an assessment -- for a fee? 44 September 14, 1998 Mr. Vilarello: Yes. It's a special assessment. Yes. Vice Chairman Plummer: The answer to your question is yes. Ms. Taylor: Well, gentlemen, go ahead and do it and we're all out of here. Vice Chairman Plummer: After Judy Clark, the next speaker is Diria Garcia, am I anywhere near close? D-I-R-I-A. Commissioner Gort: Diria. Vice Chairman Plummer: Is there a Mr. Garcia here, who has not spoken? OK, after -- you've got my list. Commissioner Gort: It's Miriam Garcia. Vice Chairman Plummer: Miriam Garcia. Is there a Miriam Garcia here? Ms. Miriam Garcia: Yes. Vice Chairman Plummer: Oh, OK. Judy, you have two minutes. If you'll give us your name and mailing address, please. Ms. Judy Clark: Judy Clark, 5930 North Bay Shore Drive. Currently, still in Miami. First of all, I want to just say that Joe, I think you were absolutely right earlier today when you brought up the issue of the change of venue for this. This was absolutely disgusting this morning to come here -- so many people to come here at 10 a.m. this morning and you guys decided to change this on Thursday or Friday and never gave any notice to anybody. I want to know why you changed it? You owe that to everybody here, to let people know how come you decided to change the meeting? Secondly, let me just say -- I guess this is really my major issue -- is how disappointed I am -- I've lived here for 35 years. I am so disappointed. I'm so disappointed in every one of you. We have been here -- TUFF has been coming here since February talking about this issue. You've known for two years what you needed to do. You took an easy way out. Risky, yet easy. Somebody sold you a bill of goods that this was the thing to do. A new tax you can now put on the books so that you didn't have to raise the garbage fee. But guess what, everybody? They raised the garbage fee and they'll raise it again. All of this happened on your watch, J.L. For the last 20 years somebody's been stealing money. Corruption has been the "de rigor" of this group. This has got to stop. You knew about it. If it happened in your funeral home, they would have been fired. This is not the way to run a city. So many people now are getting ready to sell and leave, just what Monique was talking to you about. The target here with us -- because you didn't listen to us -- the only thing we could do was target you and target through a lawsuit. Now, I want to know, when we're successful in the lawsuit and you have to pay the money back, what are you going to use for cash? All right. There's no money. You're not going to have any money. So, let me tell you what the next target's going to be. Your jobs. Vice Chairman Plummer: Miriam Garcia and the next speaker is Felix Morales at this microphone. And just for your edification, we are half way through. Ms. Miriam Garcia: I'm here on behalf of my parents, Antonio and Blanca Corso. We live at 1303 Northwest 36th Avenue, Miami. My parents have been living in the City of Miami for 20 years now and my father has been disabled since 1975. My parents live in a very fixed income and they cannot continue to pay more taxes -- more money in taxes and would like to remain in the City of Miami. The City Attorney talked about a hole in their budget, if this does not go through. What about a hole in the community's budget? 45 September 14, 1998 What about a hole in their pockets? OK. And, Mr. Sanchez, thank you for supporting us and please don't get corrupted. We'll vote for you. Thanks. Vice Chairman Plummer: Felix Morales. Is he still here? Felix Morales. I'm assuming he is not here. After Felix will be Ken De Armas. Is he present? Mr. Ken De Armas: I'm here. Vice Chairman Plummer: And after Mr. De Armas is Jorge Sarmiento at that microphone. Mr. De Armas, your name and mailing address. You have two minutes, sir. Mr. De Armas: My name is Ken De Armas. I'm -- 1112 Weston Road, Fort Lauderdale, Florida. I represent property investors that probably hold about two hundred and fifty million dollars ($250,000,000) worth of property here in this city. I'm going to ask for an extension on the time because I have a few things and I also want to bring up some situations with the new City Manager and if I could take up the vacated time of the people who did not answer, if I may? Vice Chairman Plummer: Go ahead. And I'll extend you at least two minutes more and that's it. Mr. De Armas: Very good. Because I've got... Vice Chairman Plummer: I've still got 28 people want to speak. Mr. De Armas I understand that. First of all, I just want to say that everybody that I deal with -- I'm a feasibility analyst; I do feasibility studies and acquisitioning studies for a number of out of state investors. Like I said, again, they represent about two hundred and fifty million dollars ($250,000,000) worth of real estate here in the City of Miami and they're all putting up the for sale sign. They deal with low income housing tax credit properties. There's a cap on what you can do to raise your rent limit under these properties and it just -- if you understand that there's probably, just under my capacity, about five thousand homeowners that will probably end up being displaced or burden the increase on this. Some of them that are on fixed incomes right now, that have just went into the job service market, losing the FDC because of a good welfare reform that's putting them back in to work. They're not going to be able to survive. You're going to have a city here that's going to stand alone. You're going to have a major problem, not only faced with this lawsuit that we're into with you right now but this is a shortterm solution for what you're looking for. I address to the City Manager here now, I drive around the City. I've been here for 10 years working in the low income areas, Liberty City and here. A lot of the police officers know me here. A lot of the administrators know me because I'm very, very active in the City. I've made a lot of changes, along with Fabio Diaz. We're out there. We're just taking these rundown buildings and we aren't getting investors to invest and revitalize the City of Miami. Yet, you look at the people that are out there trying to invest in these properties and making these rundown buildings look a lot better, were being taxed to the tee. I mean, taxed, fees and everything else that you have to put up with is to the limit. But if you go next door to your vacant land guy there, some of the people that own all this land, that have the City coming around and taking the trash away, every single Friday got to be at least a hundred thousand dollars ($100,000) in a month worth of trash that's being hauled away. These vacant land owners are not being fined; they're not being levied taxes against; they're not paying the penalties; they're not being pursued by your code enforcement and I would tell you, if you increase your code enforcement, if you increase your code enforcement to do this, you're going to minimum your garbage intake, which is going to cut your budget where your garbage is for your disposal fees, you're going to have more people out there making the City look better because now, where you go to the Overtown NET (Neighborhood Enhancement Team) station here on 16th and 3rd Avenue and you say, hey, what's happening with all these rundown dilapidated buildings that have been here for three 46 September 14, 1998 years? And we can't get them demolished with all the crack heads that are around here. Red tape and bureaucracy that ties all up that up. If there was -- they only have one code enforcement inspector to handle that whole entire area over there. One. If they had three, the revenue that you'll be collecting through fines, the increased curb appeal that you would get from making these business owners take pride in that would make this City look so much better, that it's incredible. I'm going to ask you, if you have time in the future, to contact me and I will take you around and show you five different plans I have that will increase your revenue by more than ten million dollars ($10,000,000) and it will not circumvent this tax that you're having right now. Certainly, your jobs are on the line here. The future of the City is on the line here. Mr. Sanchez spoke very, very courageously when he came up and said... Vice Chairman Plummer: Thirty seconds. Mr. De Armas: ...this is what's happening in this City. I'm going to tell you, yes, you're going to have to make this vote tonight and, more than likely, you're going to make the vote that's going to say we're going to keep the tax. Why? Because if you don't keep the tax, you're not going to be able to keep this city. And what's happening is, you're cutting off the people to maintain your positions and that's not the way it's supposed to go. You were elected by the people, for the people and of the people. Thank you. Vice Chairman Plummer: After Mr. Sarmiento will be the speaker Fannie Howell at this microphone. Mr. Sarmiento, your name and mailing address, sir. You have two minutes, please. Mr. Jorge Sarmiento: Yes. My name is Jorge Sarmiento and I live at 3181 Northwest 18th Street and I'm here against the fire tax. I feel it's -- the tax is just going too crazy. I feel you should stop making up these taxes. I would like to know whose idea was it to make this tax because, really, you know, I always thought it was always in the property tax that was there in the property tax, the fire tax but now they named it a fire tax now. It's separate. Vice Chairman Plummer: It's fire fee, sir. Mr. Sarmiento: OK, sir, fire fee. It's still money, OK. And ... but my point is -- what I'm trying to get across here is, I'm a very hard worker and I finally got to get to have the American dream, which is my house. I have a small child and a wife and it's very hard for me to keep that house and every time they keep raising the taxes, it's just becoming very hard. And I've noticed around my neighborhood there's a lot of for sale signs. Apparently, everyone is selling their houses because they can't keep them. And I'm getting to that point, which you guys keep raising the taxes, I guess I won't have a house either. That's it. Vice Chairman Plummer: Thank you, sir. Mr. Sarmiento: Thank you. Vice Chairman Plummer: After Mrs. Howell is Linda Watson, am I correct on that name? Thank you. You'll be at this microphone. Mrs. Howell, give us your name and mailing address and you have two minutes, ma'am. Ms. Fannie Howell: Good afternoon. Vice Chairman Plummer: Good afternoon, ma'am. Ms. Howell: My name is Fannie M. Howell and I reside at 15800 Northwest 28th Court. 47 September 14, 1998 Vice Chairman Plummer: One fift.N-eight hundred? Ms. Howell: Northwest 28th Court. Vice Chairman Plummer: All right. Thank you. Ms. Howell: And I own a piece of property in the City of Miami and everything I was going to say everyone said but I'm going to be repetitious anyway. Vice Chairman Plummer: Shame on you. Ms. Howell: Uh-huh. I'm not ashamed. Vice Chairman Plummer: Go ahead. Ms. Howell: I resent this also because, like one gentleman said, in that area someone I knew needed a place to live, so I said well, I have this place there. I gave them the address. They said, "oh, no, we wouldn't ... you couldn't pay us to live over there." OK. I keep it up. I'm not working right now due to medical problems and I'm a senior citizen also. And I just resent this. Maybe we should have it like we vote for the politicians. When you're going to raise the taxes, put that on the ballot and let the citizens vote for it. And they said this is not a tax. Well, if it's not a tax, I want to know what is it and why -- and why -- you said our tax certificate. If we're late paying the tax fee, you should give us a chance to pay it. Make an agreement to make payments. I resent that also. And it's very hard because I'm not working and I cannot pay my own expenses at home. Vice Chairman Plummer: Thank you, ma'am. Linda Watson. After she speaks will be Emmanuel Onabanjo. Am I close, sir? Mr. Emmanuel Onabanjo: You're close. Vice Chairman Plummer: OK. Miss Watson, if you would, please, your mailing address. Ms. Linda Watson: My name is Linda Watson. I live in 1670 Northwest 4th Avenue. My voice only this way because I have tremor but I want you all understand. I live in a co-op, which is for low income people. We don't have money to pay each unit an amount of money for tax fee or whatsoever. I understand what Mr. Pastrana said, which is truth. Because Chiles know for long time that the City is in bankruptcy. It's -- you know, long time because I'm not politician and I know that the City was in bankruptcy. Why wait so late to sixty-eight million dollars ($68,000,000) disappear? You all should have do all these things before it go so far. And which I'm saying that you all stop that fee or the tax because we don't have no money to pay for it. We are people from low income. Where I'm going to work now? You all will have to take my heart from my house. I only live from my retirement, so I wish you all think it over. Call toChiles. Let Chiles give you all money so you all can fix the business and don't put it on the people that put you there to work for us. You all -- we work for you all. Thank you. Vice Chairman Plummer: Thank you, ma'am. After Mr. Onabanjo is Inell Williams at that microphone. Mr. Onabanjo, your mailing address, please. Mr. Emmanuel Onabanjo: Yes. My name is Emmanuel Onabanjo. I represent... Vice Chairman Plummer: Your address, sir? 48 September 14, 1998 Mr. Onabanjo: Well, my mailing address is 1680 Northwest 4th Avenue, Miami, Florida 33055. I'm sorry, 33136. That's my home... Vice Chairman Plummer: You say that's your mailing address is your residency? Mr. Onabanjo: No, no, no. My mailing address, the zip code 33136. Commissioner Gort: You represent the coop? Mr. Onabanjo: Yes, I represent Town Park Plaza. North. Vice Chairman Plummer: Do you live in the City, sir? Mr. Onabanjo: No, I don't live in the City but I represent the homeowners in that. Vice Chairman Plummer: Go ahead, sir. You have two minutes. Mr. Onabanjo: I represent Town Park Plaza North, a housing cooperative of 169 units. Town Park Plaza South is the same housing cooperative of 116 units. And Town Park Village, which is 151 units. District co-ops represent the largest homeowner in Overtown, 436 altogether. And we do have a lot of senior citizens. One of them came to the office the other day. She's 90 years old. Say, what is this sixtyone dollars ($61) for? I said, well, it's City new assessment. She doesn't understand. There are so many disabled. Linda Watson is a senior citizen. A lot of them, they just cannot afford it and, as a matter of fact, we do have some of these people who are unemployed, been looking for jobs for years. So, the Commission, I'm just appealing to you, you cannot assume that these people can afford it. They cannot afford it. And the tragedy is going to be backfire on the City. When you start to see people just cannot eat, cannot afford to have basic necessity. It just doesn't -- it doesn't add up. So, this three house cooperative, this is not something you can compare with the co-ops in Miami Beach or in Kendall or something. It's a low income family. So, we are appealing to amend the vision of the Commission to look into this fire rescue fee. It just doesn't work. And you must listen to the people. Thank you. Vice Chairman Plummer: Thank you, sir. After Mrs. Williams will be Jean Claude Remy at this microphone here. Ms. Williams, if you'll give us your mailing address? And you may proceed. Ms. Inell Williams: My name is Inell Williams, 1742 Northwest 49th Street. My husband and I started in business very happy to go into business, entrepreneurs. And we didn't come down to the City or any other agency to ask for a grant or anything to help us to go into our business. But we worked very hard in order to go -- in a very tough area, 62nd, 61 st Street and in that area. And we braved drug dealers and everything else in order to keep our business going. And now the City is going to put us out of business because we haven't paid the first one that you sent out. And now you got another one sending it out on us. As I said, we are senior citizens too and so we have not gotten anything from you but we've always given. This past year we paid over eight thousand dollars ($8,000) worth of taxes to you and now you're demanding more and more and more. We just don't have it to give. Because the people will come there. We'll rent apartment and now they'll stay for a while and then they can get money to move into another one and they will leave. And, so, then you got to go in there and fix the apartment. It's not like we have all these apartments and people staying in there forever and all you got to do is collect the money. It's not so. And another thing too, we provide -- help provide a small tax base for the City of Miami. Those empty lots that you have do not provide a tax base that you own and so, then, you should show, I believe, some consideration for us hard-working taxpayers. And what I want you to keep in mind, sir, that we work on menial jobs very hard 49 September 14, 1998 and we didn't get any grant, any money from the City of Miami but we have been giving and giving and giving. Thank you very much. Vice Chairman Plummer: Thank you, ma'am. Have Dipak come up here, please. The next speaker is Jean Claude and after that is Simeon, Cimelene Simeon at this microphone. Mr. Remy, your mailing address, sir, and proceed with your two minutes. Mr. Jean Claude Remy: My name is Jean Claude Remy. My address is 8281 Northeast 10 Avenue. Last December I paid eighty-three dollars ($83) for garbage. In May they send me twenty-four dollars ($24) for rescue. I pay. But my garbage come 129 to pay in July. And now you have to say we have to pay sixty-one dollars ($61). All politicians have to remind, we put them higher to help us. Why we put them higher for? To make we pay more money? That's how all them come ... we work for them for, to pay more money? Y'all have the ... When y'all need our vote, y'all come always say blah, blah, blah, blah, blah, blah. After y'all finish sit down, y'all put our money come higher. That's it. Vice Chairman Plummer: After Cimelene is Olivia Blanco at this microphone. Ms. Cimelene Simeon: Yes. Good evening, sir. My name is Cimelene. My mailing address one there 13153 Northwest 1 st Court. Vice Chairman Plummer: I'm sorry, say it again slowly. Ms. Simeon: My mailing address 13153 Northwest 1 st Court, Miami, Florida, 33168. Vice Chairman Plummer: That's Carol City? Ms. Simeon: No, it's not Miami. Vice Chairman Plummer: OK, thank you. Ms. Simeon: Yes. I have a family house in Little Haiti and 46th Street. The family house, we have a little efficiency. I rent that for only two hundred dollar ($200). Then last year they sent me bill for thousand four dollars ($1,004). They say I have to pay back charge for the house. I don't have apartment. I have family house and efficiency. I call -- I go to City of Miami office. I talk to them. They say I have to pay. What can I do? I call my mortgage company. I say I'm going to be late because I have much, much bill. When I go there, they tell me, OK, pay like three time. I pay thousand four dollars ($1,004). Fine. They tell me in six months, I'm going to pay two hundred forty-six dollars ($246) every six months. Then I say, how I'm going -- I have a family house to pay all that bill. They say, I have to pay. I say, all right. I pay. Then last month, in July, they sent me bill for three hundred twenty-seven dollars ($327). When I call, I say what happened? They say, well, they raise taxes. I have to pay that. Now, what can I do? I pay my mortgage -- my mortgage company later again. I pay twice but I want to know -- then they sent me bill here for fire fees for sixty-one dollars ($61) again. Then I want to know how I could pay? This is family house. This is not apartment. I know the City know this is family house but I don't really know what can I do. Three hundred twenty-seven dollars ($327) every six months. Then the charge bill, then water bill. I have to pay all that. Then what? I'm going to let the -- I lost the house. But I pay fourteen hundred dollars ($1400) a year for tax. Fourteen dollars -- fourteen hundred dollars ($1400) for taxes. Then I don't think I have to pay more for fire fees. Vice Chairman Plummer: Thank you, ma'am. 50 September 14, 1998 Ms. Simeon: You're very welcome. Vice Chairman Plummer: After Olivia Blanco is Miguel Altarriba. Mr. Miguel Altarriba: Altarriba. Vice Chairman Plummer: Altarriba? Mr. Altarriba: Yes, sir. Vice Chairman Plummer: Roll those Rs. If you would, give us your mailing address. Ms. Olivia Blanco: Olivia Blanco, 4845 Northwest 7th Street. Vice Chairman Plummer: Fort} -eight forty-five Northwest 7th Street. Ms. Blanco: Northwest 7th Street. Vice Chairman Plummer: All right. Ms. Blanco: Zip code is 33126. Vice Chairman Plummer: OK. Ms. Blanco: I am in favor of this assessment and I'll tell you why. When I was assessed the first twenty-four dollars ($24), I was not very happy about it and then, when I received the letter saying that they were going to assess me an additional sixty-one dollars ($61), I became even more unhappy. So, what I did was, I went to the fire station in my neighborhood and that's Fire Station Number 10. I was in shock when I saw the conditions the trucks were in. The rescue truck, I hope that if I have an emergency, it makes it to my house and to the hospital. This trucks were 20 years old, if not more. The fire station was in horrible condition. It smelt of humidity, which -- I didn't -- I let everyone speak and I respect everybody else's opinion. You have to respect my own. It showed me that the -- it must be leaks in that fire station. I lived in that neighborhood for 24 years and I think the station is maybe older than that. Now, I do believe that my life is worth a lot more than sixty-one dollars ($61) a year. I'm also a working person but I don't know what has gotten the situation into such deterioration but something has to get done. I've learned that ... well, I paid City tax and I pay County and the trucks for the County are all brand new and ours, the City of Miami, has trucks that are really should be out of circulation. And I just want to make sure -- this is primarily why I'm here today because I want to make sure -- I don't mind paying the sixty-one dollars ($61) but I do want to see every penny of it go into the Fire Department. Because, usually, they ask for money and then, all of a sudden, they decide well, the garbage needs money and this needs money and I don't mind but I'm going to follow-up on this. I'm going to make sure that if they assess me for sixty-one dollars ($61), that every penny of it is invested in the Fire Department. I'm going to... Vice Chairman Plummer: Excuse me. May we ask for courtesy and allow the speaker to speak? Thank you. Ms. Blanco: I thank you. I plan to visit that station again and I'm going to continue visiting to make sure that they're going to receive what they should be receiving. And I just hope that none of you really have an emergency and where your life is at risk because then you will see that sixty-one dollars ($61) is not that much money. Thank you. 51 September 14, 1998 Vice Chairman Plummer: Thank you, ma'am. Let me give you a little comfort for sleeping. Let me give you a little comfort for sleeping this evening. Of the fees that you've already been paying, we have three brand new trucks that have already been delivered and, in fact, we have already ordered 10 new rescue trucks from the initial twent)4our dollars ($24). Ms. Blanco: Thank you. Vice Chairman Plummer: So, I want to give you a little bit of comfort and sleep a little bit better tonight. Ms. Blanco: Thank you. I want some of those new trucks going to fire station number 10. Vice Chairman Plummer: Talk to the"el jefe" OK. The next speaker -- Miguel, is that you? Mr. Miguel Altarriba: Yes, sir. Vice Chairman Plummer: All right. After Miguel is Ariane Erie. Is Ariane -- she's here. Front and center at that microphone, please. Miguel, give me your home address. Mr. Altarriba: 5500 West 12th Lane, Hialeah, 33012. Vice Chairman Plummer: Hialeah, Florida? Mr. Altarriba: Yes, but I own five buildings, unfortunately, in Miami. Vice Chairman Plummer: All right, sir. Go ahead, you have two minutes, sir. Mr. Altarriba: Yes, sir. Well, the reason why I'm here tonight is, you don't have to be magic to the recognize and see that no matter what much you put in the empty barrel, it never going to get full. You keep raising and raising and raising and raising. Sooner or later this has to go. I'm going to lose my five buildings. I used to have three guns. I got rid of it. I'm going to lose it because I'm paying thirty thousand with the taxes, insurance and all the "ticky-ticky" that you already putting on. What happened? I have 60 percent of vacancy. How can I -- with 60 percent vacancy, how can I afford to pay all of these continue raising and raising? It's unfortunate. Now, what good you going to do with a city that nobody live on? What you going to do with a city where everything is vacant? Mr. Regalado, I used to have highly respect for you, as soon -- as I have it for this young fellow today. But I no longer have it. And you, fellow, try not to lose it. Get the respect for yourself. We going to die. And the only thing we going to take with us is our respect for ourselves. I got rid of my gun because at three o'clock I worked every night and I can go to sleep. I'm going to lose what I work for 45 years because I can't afford to keep payment. I can't work. I had an operation. I only got one kidney. And I used to work to keep up with the building. I own that building on 110 Southwest 17th Avenue. Drive by there. I have more signs than Home Depot "for sale, for rent' Nothing move. Nothing go. Thank you, fellows. I'm going now but you go next. Have a good day. Vice Chairman Plummer: Thank you, sir. After Mrs. Erie isNagymihaly at that microphone over there. Ariane Erie, please, your mailing address and proceed with your two minutes. Ms. Ariane Erie: My name is Ariane Erie. I live in 528 Northeast 78 Street in Miami. Vice Chairman Plummer: Five twenty eight Northeast... Ms. Erie: Northeast 78th Street. 52 September 14, 1998 Vice Chairman Plummer: Thank you, ma'am. Ms. Erie: In Miami, Florida. Vice Chairman Plummer: Yes, ma'am. Ms. Erie: You need the zip code. It's 33138. Fire rescue sent me that bill for six hundred dollars ($600). I have a 20 unit. I have five apartments empty. I have something that is not working. I have to put the rent lower, so I just don't want any empty ... anymore empty. My mother is 96 years old. I'm 59 years old. I cannot go to work. When I receive that bill for one thousand four hundred and eighty dollars ($1,480), I almost pass out because I have diabetic and I have high blood pressure. I cannot go to work. I can afford to pay anymore bill. My insurance is eight thousand five hundred dollars ($8,500). Twenty units, two hundred and seventy-five dollars ($275) a month and I have five empty apartments. You see, when I receive bill like that -- my tax, I pay seven thousand five hundred dollars ($7,500), you know. When you receive bill like that, you ready to pass out. I cannot afford to pay no more bill. Thank you. Vice Chairman Plummer: After Mrs. Nagymihaly is Dana Lester at this microphone. Miss Nagymihaly. Ms. Eva Nagymihaly: Yes. I'm Eva Nagymihaly... Vice Chairman Plummer: Your address for the record. Ms. Eva Nagymihaly: ...3110 South Miami Avenue. Judy posed a question and I'm going to ask the -- ask for the answer, why was it postponed? Vice Chairman Plummer: Well -- OK. Mr. City Attorney, if you're the best one to answer that, I don't know. Hey, let's admit the truth. It was a goof. But let's get the answer. Mr. Vilarello: The City Commission called this special meeting at five o'clock. The motion to hear this matter was for September 14 at five o'clock. The advertisement that the City Clerk placed in the Miami Herald provided for the notice to be held -- the hearing to be held at five o'clock on September 14th. The individual notices that went to each property owner, each tax payer in the City of Miami did say ten o'clock on the 14th. This morning we had -- it wasn't a deferred meeting. That notice incorrectly said ten o'clock in the morning. Had the notice been stated for later than today, then I would have advised the City Commission not to hear the item until the later notice. However, because the notice was provided at ten o'clock this morning and we had someone stationed here this morning to advise individuals that the meeting was going to be later in the afternoon and, in fact, many of the members of the -- many of the people who have spoken here today have said that they got here at ten o'clock in the morning and then came back at five, that notice was sufficient to provide... Ms. Nagymihaly: But if you... Vice Chairman Plummer: All right. Did he answer your question? Your question is, who changed it and where did it goof and that was the answer, so I think... Ms. Nagymihaly: No, it wasn't. I just heard a lot of words. Vice Chairman Plummer: All right. 53 September 14, 1998 Ms. Nagymihaly: I did not hear an answer. Vice Chairman Plummer: The answer was... Mr. Vilarello: The meeting was not deferred. The meeting was called... Ms. Nagymihaly: No, I did not use those words. I'm asking, when you found out that there was a misprint, why was it not clarified sooner? Why was it posted on the door and we read about it, those that did, in the paper showing it at four p.m.? Mr. Vilarello: The public notice that was advertised did state the correct time. Ms. Nagymihaly: Which was advertised when? Mr. Vilarello: August 21 st. August 21 st was the first notice. Vice Chairman Plummer: And proof of that is with the City Clerk, if you'd like to see it. Mr. Clerk? Ms. Nagymihaly: I would like to see it. Vice Chairman Plummer: Yeah. It's in the Miami Herald in the business section. Ms. Nagymihaly: But the notices that we picked up here, it was printed at ten o'clock. The notices that were coming from here showed ten o'clock. Vice Chairman Plummer: Well, the difference was, one was an advertisement, was legal. And the other was a letter that was miss -- goof. I can't put it any other way. Ms. Nagymihaly: Well, I hope my... Vice Chairman Plummer: Look, look. You know and I know that, if there was any way to delay this thing for another day or another week, I think every one of us up here would vote for it. The problem we're under is a time gun and the time gun is, if we don't do something today, we lose the opportunity for a year. So, you know, we can... Ms. Nagymihaly: OK. Well, that's the point why we're all here now. Vice Chairman Plummer: Yeah. Ms. Nagymihaly: The thing -- we were here two years ago talking about this and we were waiting for you to act. Vice Chairman Plummer: OK. Wait a minute. Please start her time over. She asked a question, so give her a full two minutes. Proceed, ma'am. Ms. Nagymihaly: Now, I don't have to rush. Vice Chairman Plummer: That's true. 54 September 14, 1998 Ms. Nagymihaly: OK. I'm here for and representing, as well, Tenants, Taxpayers United For Fairness. We're TUFF. We're here and we've been here for two years fighting and we're here to fight for a very simple thing and that's fairness. We believe in taxation with representation. This is not fair to us. You have all these people that are telling you this is not fair. This special assessment is not fair. It's also illegal. Now, this is why we formed. I don't like lawsuits. I don't like them at all because everybody loses in the end. But I'm seeing that's the only way to get things done. The only way is to have to fight it on paper with lawyers and we're doing that. We're doing that because we know what you're doing is illegal. It's only a very quick way to make some quick money because, for two years, you didn't do the right thing. You could have negotiated with contracts on the Unions but that was stepping on too many toes. You could have formed some of the groups with Dade County, so we could have saved money. There were many things. We suggested them all. I can't repeat them all. You know them. But the point is, keep in mind that this is a lawsuit and it will go all the way to the Supreme Court. And, then, who's going to lose then when you've got to give all that money back? Did we get anywhere? You know, I live in this city. I grew up in this city. We built buildings in this city. But we can't make it, not this way. And it's your fault. Vice Chairman Plummer: After Mrs. Lester will be Linda Stephen•Jones. Ms. Lester, your mailing address, please. Ms. Dana Lester: My mailing address is 1650 Northwest 4th Avenue, Apartment 14F. And I want to address the Commission as a single parent and a part-time worker. I'm employed with the County as a bus operator and I work on a part-time basis. I cannot afford to pay the twenty-four dollars ($24) that you assess. I don't know how I'm going to be able to pay the sixq one dollars ($61). I have three children. I live in a co-op. I just manage to make enough to pay my bills and with this assessment, I will not be able to afford it. So, I'm appealing to you to really think about what you're doing because I see myself as a younger person when I look in the crowd but I'm a person who votes every single election. So, if this goes through, I will make sure that I'm out there reminding the younger people that hey, this assessment that they gave us, we need to give something back to them and if it takes me standing up helping to vote you out because of this assessment fee, I'm willing to bet the last penny that I have -- and I don't have too many -- that I'll be there to do that. Thank you and have a nice day. Vice Chairman Plummer: Thank you, ma'am. After Linda Stephen -Jones is Dimas Alarcon? Am I even close, sir? Mr. Dimas Alarcon: Dimas Alarcon. Vice Chairman Plummer: All right, sir. If you'll come to this microphone. And Linda, if you would, give us your mailing address, please. Ms. Linda Stephen -Jones: OK. My mailing address is 1070 Northeast 212 Terrace. Vice Chairman Plummer: That's in Carol City? Ms. Stephen -Jones: North Miami Beach. Vice Chairman Plummer: Oh, OK. Thank you. Go ahead. You have two minutes, please. Ms. Stephen -Jones: OK. I'd like to briefly read an appeal letter that I submitted to the City of Miami at 444 Southwest 2nd Avenue. This notice is a formal appeal that we oppose the new fire rescue non ad valorem assessment. Currently, we own four properties in the City of Miami and besides the garbage fees increase, this imposing of the fire rescue non ad valorem assessment is excessive. The amount imposed on us equals 55 September 14, 1998 nine hundred eighty dollars ($984) dollars a year for services that are unclear to us, if there are any services. We had nothing to do with the mismanagement of City funds, nor should we pay for it. It seems as if any time someone mismanages or take monies form a government establishment, the citizens are unfairly taxed to make up the difference. It seems as though the citizens always lose. To add to the citizens losing and being fooled, the notice that was sent out August 24, 1998 gave no information on how to file an appeal or what information should be included in it. When I called the telephone number that was listed on the notice, the gentleman tried to be helpful but had no information. The time on the notice for the hearing is 10 a.m. Had I not read the Miami Herald on Sunday, I wouldn't have known that the meeting time had been changed to 5 p.m. Your office made sure that the notices were sent out to notify owners of the imposing assessment but could not notify owners of the time change. We don't mind helping the City of Miami by paying our fair share but the amount that is being imposed presents a hardship on us and all property owners. Vice Chairman Plummer: You have 30 seconds. Ms. Stephen -Jones: OK. Most of the tenants in our areas are on a fixed income, social security, SSI (supplemental security income), et cetera or are employed on low paying jobs. To be able to accommodate the City's imposing new assessment, we will have to pass it onto the tenants, which creates a hardship on them. Most of them will not be able to afford it. I do offer a remedy. We are requesting that the City of Miami reevaluate amounts that are being imposed and they be lowered to reasonable and affordable amounts, especially for commercial property. OK. I'd like to thank you and I... Vice Chairman Plummer: Thank you, ma'am. Ms. Stephen -Jones: ... love it if you would consider this. Vice Chairman Plummer: Thank you. Ms. Stephen -Jones: Thank you. Vice Chairman Plummer: OK. After Mr. Alarcon will be Jostino Gelorio. Is that person present? You'll be at that microphone, sir. Mr. Alarcon, would you give us address, please? Mr. Dimas Alarcon: Dimas Alarcon is my name. My address P.O. Box 960126, Miami... Vice Chairman Plummer: And that address is what, sir? Mr. Alarcon: P.O. Box... Vice Chairman Plummer: No, you're mailing address. Mr. Alarcon: This is my mailing address. Vice Chairman Plummer: Oh, all right. And what is the zip code? Mr. Alarcon: It's 33296-0126. Vice Chairman Plummer: All right, sir. And that is in Hialeah? Mr. Alarcon: No, it's in Hammocks. 56 September 14, 1998 Vice Chairman Plummer: In where? Mr. Alarcon: Hammocks. Kendall. Commissioner Sanchez: The Hammocks. Vice Chairman Plummer: Hammocks. That's in... Mr. Alarcon: Yes. But I'm here... Vice Chairman Plummer: All right, sir. Mr. Alarcon: Property that I have in northeast, in Little Havana concerning that property. Vice Chairman Plummer: All right, sir. Mr. Alarcon: I have property from 10 Avenue to 17 Avenue and 4th Street in the Little Havana. And also have property in the Martin Luther King Boulevard. Vice Chairman Plummer: Uh-huh. Mr. Alarcon: Northeast. These people in the northeast, they -- people live from the check, government check, three hundred dollars ($300) a month. They don't have more than that. Three hundred dollars ($300) dollars a month, that's what they pay on rent, exactly this. Whatever they have left is about five or ten dollars ($10.00). And most of the time I have like a 4/5 unit, I mean empty. I cannot rent it. When the people -- I mean, no, they don't pay the rent, I have to spend money on eviction and they can't afford. I cannot pass the bill to this people. Also, in Little Havana it's a retired old people, retired people. They can't afford to pay the increase of the rent and I can't increase the rent to these people. I mean, I lose. That means I have to ... probably, I have to turn my back on the building and walk away from the building because doesn't work for me to work, you know. Risk my life, you know, in this area and not making any money and losing money. Vice Chairman Plummer: All right, sir. We thank you. Mr. Alarcon: All right. Vice Chairman Plummer: After Jostino will be Fernando Figueroa. I know I'm not even close. Willie, help me out. Commissioner Gort: Figueredo Vice Chairman Plummer: Figueredo. Is that person present? Fernando Figueredo? All right, after that is Nadege Dutes. Is that person present? Is that this lady here? Is that you, ma'am? Ms. Nadege Dutes: Yes. Vice Chairman Plummer: If you'll come to this microphone, please.Jostino, your mailing address, please. Mr. Jostino Geloris: 2746 Southwest 1 lth Street. 57 September 14, 1998 Vice Chairman Plummer: Thank you, sir. You have two minutes. Mr. Geloris: Thank you. I was going to address you, fellows, Commissioners, as to the fairness or what I thought that it's abusive tax but I'm not going to do that because enough has been said. But what I -- if I've been able to read this meeting correctly -- and you, please, correct me if I don't -- by the City Attorney address, you are unable. We are sitting in here to fulfill -- like to fold a piece of paper but you are not able to decide on this tax either way. You are only have to approve it. So, we all have been used hours and hours in order to legitimize something that was not correctly done and I came in here at nine and left at 10 in the morning. I came in here at five. It's 7:30 and if I read this correctly, all we're doing is filling out paperwork. Because the County should have told us, the Commissioners, say, look, we have -- gentlemen, we can talk all day. We have no alternative on this. Either the City's not going to do, so I know you're going to approve it. But I lament that due honesty was not used to say look, man, this is what we've got to do and this is what we must do. But we will fill you in and we think we're talking in the air but it's nothing can be done. Thank you, gentlemen. Vice Chairman Plummer: Thank you, sir. Nadege... Commissioner Gort: Excuse me, excuse me. J.L., J.L.? Vice Chairman Plummer: Mr. Gort. Commissioner Gort: One of the reasons you have public hearings, sir, you'd be surprised a lot of good ideas come up and they can be implemented. So, it's not a waste of time. Vice Chairman Plummer: Nadege Dutes. Ms. Nadege Dutes: Nadege. Vice Chairman Plummer: Nadege. For the record, would you give me your mailing address, please? Ms. Dutes: My name is Nadege Dutes and I am a pastor in the Community and... Vice Chairman Plummer: Your mailing address. Ms. Dutes: Mailing address is P.O.Box 530454. Vice Chairman Plummer: Three oh four... Ms. Dutes: My .... 530454 Miami, Florida. Vice Chairman Plummer: Is thatAventura? Ms. Dutes: No, that's north... Vice Chairman Plummer: Where? Ms. Dutes: That's Miami Shores. Vice Chairman Plummer: Miami Shores. Thank you. 58 September 14, 1998 Ms. Dutes: 33153. Vice Chairman Plummer: I'm sorry, I didn't catch it. Ms. Dutes: OK. Vice Chairman Plummer: You have two minutes. Proceed. Ms. Dutes: I'm just here -- since this morning I was here from ten o'clock. I was told it was -- meeting was going to be held at four and so I live very far. I didn't get to go back home. If you can imagine, I was just running back and forth until four. Then they said it wasn't going to be at four. It was going to be at five but I'm here to say something about the church, a small church that we're running. I've seen many poor people at the church coming to me every day asking, Pastor, could you help me pay my rent? Which is -- we cannot even afford to pay the rent of the church. And these people are people with low income and sometimes they just receive welfare checks and most of them are not working. So, I'm wondering right now -- sometimes some of them don't have any food stamps, like last week I had this lady came to me. Pastor, I have a small child. Child has no milk. She had no light and said, Pastor, could you help me? I had to go from the rent money and help this woman, which is -- we're not even making much. Can you imagine paying a rent every month and we cannot afford it? But I'm imagining now, if they're raising taxes, how these people will survive? What's going to happen next? In two more years, I'm imagining these people -- now, they cannot afford to pay where they live. What it's going to be like? Am I going to be the one digging into my pocket or taking the saving -- the little saving that I have for myself and my children, which is not much, to help? And some of them, they went to apply for food stamps. I could see -- you should see where they're living. This lady had this little apartment where she's staying. No curtains. I said, my goodness. I have to run -- you know, as a pastor, you try your best to help and we don't have... Vice Chairman Plummer: You've got 10 seconds, please. Ms. Dutes: OK. But what I'm saying is, if, right now, the tax goes high, it goes up, what's going to happen in two more years? How these people will survive and what do we have to do? Vice Chairman Plummer: Thank you, ma'am. Vice Chairman Plummer: The next speaker is Dan Tran, present? And after Dan is Alex Justo. I thought he already spoke. No? You're at this microphone, sir. Mr. Tran, your mailing address, please. Mr. Dan Tran: My name is Dan Tran and my address is 432 Northeast 26th Terrace. Vice Chairman Plummer: Twent)-sixth... Mr. Tran: Twenty-sixth Terrace. Vice Chairman Plummer: Terrace. Thank you. You have two minutes, sir. Mr. Tran: I would like to come today to speak to the people. First, that we don't want everybody go home and then leave anything so we can come back later. We fight all the way to the State. Because we vote these people. They want to work for us, we hope so, in the future but, actually, it's not. And the main thing that I want to mention today is really you need , the fire rescue for City of Miami. OK. I want to ask, how many truck we have? How many employees we have? OK. So, how many rescue missions that they make? Do we really need it or no? Because they take the job from the ambulance. Somebody calling say, 59 September 14, 1998 Oh, I have a heart attack. I cannot wake up. They come in with 18 wheel truck and five people and nothing happen. That job should leave for ambulance. They come for three people and insurance going to pay for it. You didn't have to pay for it. How many trucks do we have? Two hundred trucks? Do we use it? I don't think they use a lot. So, what is that? Is that the pay for Odio's budget abuse? If we need, we pay for it. But we not really need it. Everybody sleep come with (phonetic) fire rescue because we have an ambulance. How many buildings burning how you can bill you rescue people? No, you can look until the fire is extinguished and come in and all of the people is, they washing the truck and they clean the truck and they waiting for it for whole year and we have to pay fourteen million for it. What is that? Please, understand, we hope that you understand if we need for it but we don't need, we don't use it. Vice Chairman Plummer: Thank you, sir. After Mr. Justo is Jocelyn Stair at this microphone. And just so that man will sleep a little better, sir, we're averaging 70,000 rescue runs a year. And, sir, you give me your mailing address, please, for the record. Mr. Alex Justo: My name is Alex Justo and the address is 426 Northeast 26th Street. Vice Chairman Plummer: Thank you, sir. Proceed. Mr. Justo: Miami, Florida 33137. Vice Chairman Plummer: Proceed, sir. Mr. Justo: I live in the Edgewater community. I own a duplex there with my wife and I own two adjoining rental properties. My question really details what happened to condominiums? Because condominiums are in and condominiums are out. So, that's really my question today. I really don't want to go. I think a lot of people have said that... Vice Chairman Plummer: All right, sir. We'll get that as an answer after you're finished. Mr. Justo: OK. Thank you. Vice Chairman Plummer: Thank you, sir. Mr. Fire Chief, I'll ask you, at the conclusion, to address that issue, OK? After Jocelyn Stair is Jose Carballea. Jose, are you still here? Mr. Jose Carballea: Yes. Vice Chairman Plummer: You're here? Very well, sir. Jocelyn, would you give us your address, please? Ms. Jocelyn Stair: My name is Jocelyn Stair. I live at 3321 Florida Avenue, Coconut Grove. Vice Chairman Plummer: Thirt}-three thirty-one Florida? Ms. Stair: Yes. Florida Avenue, Coconut Grove. Vice Chairman Plummer: Yes, ma'am. You have two minutes. Ms. Stair: Well, I am ... well, what I come to say, I am a senior citizen. I have a heart attack. I am not working now. I came here last week Tuesday when I get one of the bill and I came here this morning at nine o'clock and I was told that it would be five o'clock this evening, so I walk it back because I don't have money, not even to pay my bus fare to go and come so I walk it from where I live here and I walk it this 60 September 14, 1998 afternoon. I have a storm and wind. I have garbage for a hundred and eleven dollars ($111). 1 paid twenty-four dollars ($24), which, in way, I only get three hundred dollars ($300) a month and out of all those bills coming to me to pay, when I came up here last week, I was out of my mind. I take the paper and I showing the lady in an office and I tell her, I don't even know -- because I don't know what to do because I don't know where to get the money from. I live alone and I don't know where to get the money from because I'm only living and my -- what I'm getting from the social security. So, I want to -- I have wind and storm to pay; I have the property tax, and I have the insurance for house owner and all those coming up. I would like to know -- I don't have no saving. The little that I have, each time I have to pay -- I am really confused because I don't know what to do. I cannot work. I have a heart attack and I cannot work. I even try to cut my yard and I start to get nervous and feel bad. I had -- was to going to get the twent}-four dollars ($24) to pay the rescue. Little after the garbage come, it was eighty dollars ($80)... eightythree. Now it's a hundred and eleven dollars ($111). Please, tell me what I must do. I am alone. I don't have no children to give me nothing. I only have to depend upon my little social security. Please, tell me what to do. I would gladly so thankful if you all could make some way to help me to pay all these bills. Thank you. Vice Chairman Plummer: Thank you, ma'am. Mr. Manager, you want to make an announcement to her? Mr. Donald H. Warshaw (Interim City Manager/Chief of Police): Ma'am, I know you don't have transportation, so one of the police officers here will be more than happy to take you home. Ms. Stair: Yes. Thank you. Mr. Warshaw: OK. Vice Chairman Plummer: After Jose isOzie Williams. Mr. Jose Carballea: I am speaking? Vice Chairman Plummer: You're Jose? Mr. Carballea: Yes. Vice Chairman Plummer: Yes. You need translator or English? Mr. Carballea: OK. Number one... Vice Chairman Plummer: Wait, wait, wait. IsOzie Williams still here? Mr. Carballea: Thank you very... Vice Chairman Plummer: Thank you. Mr. Carballea: Number one is, thank you very much. Vice Chairman Plummer: No. Senor, your home address, please. Your address? "Direccion." Mr. Carballea: OK. It's 2335 Southwest 16 Court. Vice Chairman Plummer: Thank you. 61 September 14, 1998 Mr. Carballea: Miami, Florida, 33145. Vice Chairman Plummer: OK. Go ahead, sir. Mr. Carballea: OK. This is a place -- this is -- I little speak English. OK. This is number one, thank you very much for I speaking for City of Miami and Commission of Miami. OK. I don't want more tax, OK? I living in the Miami, Florida for 35 years. And my house before 18 years is to pay the tax five hundred dollars ($500) for -- five hundred dollars ($500) -- fifty dollars ($50). Now, it's one thousand dollars two hundred fifty. No, I don't want more tax. This is a fabrication of the -- that house is 1925 year, OK. This is the -- one people that my friend is Carballosa (phonetic) the real estate is speaking for me. In 30 year -- before 30 year, they say pay the house the 1925 year. They say no more taxes. And now it's two thousand - - this is now one thousand and two hundred fifty dollars ($1,250). I don't want no taxes. Thank you very much. Vice Chairman Plummer: Thank you, sir. Mr. Carballea: OK. Vice Chairman Plummer: All right. Mr. Carballea: Thank you. Vice Chairman Plummer: That was Mr. Carballea. Ozie Williams is next and after that will be our very dear friend Mariano Cruz. I'm holding you to wrap it up. Mr. Mariano Cruz: Oh, thank you. Vice Chairman Plummer: Mrs. Williams, if you would, proceed, please. Give me your home address. Ms. Ozie Williams: Good afternoon. My name is Ozie M. Williams, 3021 New York Street, Miami, Florida, 331... Vice Chairman Plummer: Coconut Grove. Ms. Williams: ...three three. That's correct. Vice Chairman Plummer: Thank you, ma'am. You have two minutes. Ms. Williams: Thank you. The tax is just too much tax. I have a tax on my house. I have a house which I'm trying to fix up for to rent, which is not rented, and that's taxed also. It's just too much tax and I don't have the money for to pay all the tax. And I don't think that it's a fair tax at all. The letter that I got said ten o'clock and how I found out that it was at five? Because I called downtown asking questions about the bill that I received and I asked about the meeting for today and I was told that it was at five and not at 10 and I don't think that was right. A lot of the homeowners on New York Street came in this morning at ten o'clock and they are old and they said they was not coming back. And it's not fair when you change the time because all homeowners should be able to attend if they wish. Thank you. Vice Chairman Plummer: Thank you, ma'am. Mariano. I got your address, sir. You have two minutes. Mr. Cruz: Zip code 33142-7639. Make sure. Nine digit zip code. Get there faster. 62 September 14, 1998 Vice Chairman Plummer: You know it's a mailman when he gives a zip code. You got two minutes, sir. Mr. Cruz: OK. I am, for once, I no opposed to the fee. What I am opposed is the way things are being done here. It's very easy when there is some waste, right away raise the fee and get the money. What about the alternative? Management? And, like I said, politics is the art of giving money away. Who pays for it and who get it? And everybody's happy. I am happy ... I'll be happy if the thing had done properly. Because you mentioned you get seventeen thousand so many rescue calls? How many of those calls are boni fide rescue calls? And think about trauma, myocardial infarction due to coronary thrombosis? No. It's heart attacks or, you know, strokes, something like that, not because I have an ingrowing toe nail I'm go to call rescue City of Miami. And you know there are areas of the City that they abuse the system and you know who they are. Why don't you have an urgent car in there? Because there are many people that they don't have access to medical care. I have the VA Hospital and I have private medical insurance, so I get good medical care any place I go. I can go any place there, right? I get good care for a doctor. A Mercedes -Bens problem if I have a heart attack, but many people don't have that so they call rescue and You know that. Because there was an article in the paper. I remember how certain geographical areas abuse the system and that's the wear and tear on equipment. Why should we move five people for somebody that say, oh, I have chest pain? You know, it shouldn't be. And we can -- now, I recent too paying this to the county. When we got to pay a hundred thousand dollars ($100,000) to the trauma for medical services. Why we have to pay with all the money we pay to the County? According to the, we pay more than ninety million dollars ($90,000,000) today. Mr. Teele, how much we pay to the County? Over ninety million dollars ($90,000,000) in county wide tax, plus dedicated funding for the Jackson, plus homeless tax and the gas tax? And what do we get from the County? What? Zilch, right? Why do we have to pay all those things? That should be a function of the County, the medical services, not the function of the City. The City should go basic, garbage, police department and fire department. We don't need to be in the medical business that we are now. So, the service ... one of the reasons I remain in the City, I count on the rescue service because I am -- I got to use only once. It was good. Vice Chairman Plummer: Thank you, sir. Mr. Cruz: Thank you. Vice Chairman Plummer: Tomas Cabrerizo. Mr. Tomas Cabrerizo: Cabrerizo. Vice Chairman Plummer: Am I close, sir? Mr. Cabrerizo: Yes, sir. Vice Chairman Plummer: Thank you, sir. Give me your mailing address and proceed. Mr. Cabrerizo: You're pretty close. Vice Chairman Plummer: OK. Mr. Cabrerizo: Like Plumber. I am pretty close though. Vice Chairman Plummer: OK. 63 September 14, 1998 Mr. Cabrerizo: My name is Tomas Cabrerizo. My mailing address is 10451 Northwest 17, 33165 is my zip. Vice Chairman Plummer: Seventeenth Avenue, 17th Street? Mr. Cabrerizo: Seventeenth. Seventeen Street. Vice Chairman Plummer: Seventeenth Street? Mr. Cabrerizo: Right. Unidentified Speaker: Southwest. Mr. Cabrerizo: Southwest 17th Street. Vice Chairman Plummer: That's Sweetwater? Unidentified Speaker: No. Mr. Cabrerizo: No, no, no, no. That's in front of the Miami... what is that? Vice Chairman Plummer: One oh four fifty one Southwest... Commissioner Gort: Seventeenth Street. Mr. Cabrerizo: Seventeenth Street. Vice Chairman Plummer: OK, 17th Street. Weschester. Mr. Cabrerizo: Yeah. Across from FIU (Florida International University). Vice Chairman Plummer: OK. That's Weschester. OK, fine. Go ahead, sir. You have two minutes. Mr. Cabrerizo: My wife owns a family building, which is 30 apartment buildings, at 3695 Northwest and 9th and the problem with that building at this moment is that my wife is getting less than any one of this fireman around here, which no retirement. It's no retirement in there. You know why? Because every time we increase the payment on the apartments, we have more empty apartment. No empty apartment. We have 55 senior citizens in there, including one with 98 years old in that building. And what happen is, they can't afford with what they make to pay the rent anymore. Every time we raise ten dollars ($10) to them, we take 10 meals from their table. We can't afford that. My wife is not even taking any remedy on that. It's taking twenty-four thousand dollars ($24,000) a year on that building, that I invested a million dollars ($1,000,000). Who, of the guys on the City, invest a million dollars ($1,000,000) and get twentyfour thousand dollars ($24,000). None of these guys here invest anything and they're getting more than that, twenty-four thousand dollars ($24,000). So, it's very difficult for us to survive in that building. We're doing everything, maintenance and all that and I'm an old man now, that I can't do that much like I used to do. We don't even make enough money to paint the building and we feel so bad every time we have to raise the salary. It's incredible. So, at least, take in consideration that if we close the doors, Miami going to close the doors too. Vice Chairman Plummer: Thank you, sir. The final speaker of the evening is Jose Fabregas. 64 September 14, 1998 Mr. Jose Fabregas: Good evening, Commissioners. Vice Chairman Plummer: Your mailing address, sir. Mr. Fabregas: Yes, 300 Southwest 12th Avenue, 33130. Vice Chairman Plummer: Thank you, sir. You have two minutes. Mr. Fabregas: And I was here early this morning with, like I said, three bus loads, about 120 people times two minutes, that'll give me ample time. Vice Chairman Plummer: Go ahead. Mr. Fabregas: What I'm trying to say is, Commissioner Gort brought up a point a little while ago. You all have to vote tonight on this issue, which I think it's fine. We want to save the City of Miami, et cetera, but you also mention about an exemption, OK? And if we make this -- I want you to consider something. The elderly housing that I do represent is funded by Federal funds. We're taxing Federal funds. I called Hiram Nolton from multifamily branch in Jacksonville and ask him how can we do this? Because our budgets are already fixed through the amount of monies they give us to build this buildings and we do have four 15-story high-rise now, with the one we're building on the river. They say we definitely would have to get it out of the rent, so that means that I would have to raise the tenants -- my tenants are only in social security and supplemental. They're paying me a hundred -- basically, a hundred and twenty dollars ($120) a month. I'm going to have to raise them about seventeen dollars ($17) more a month. We are a center... Vice Chairman Plummer: Sir? Mr. Fabregas: Excuse me? Vice Chairman Plummer: Chief, make a notation... Mr. Fabregas: Chief, go ahead. Vice Chairman Plummer: Because he's quite a bit off. Mr. Fabregas: Congratulations for buying two trucks for -- three trucks for the price of two. Vice Chairman Plummer: OK. Mr. Fabregas: That has to be congratulated. Vice Chairman Plummer: OK. Mr. Fabregas: Thank you. Go ahead, Chief. Vice Chairman Plummer: No, no, no, no. Chief, after -- let him finish. He was a little bit off. Quite a bit off but anyhow... Mr. Fabregas: OK. All right. Depends on higher buildings. I was asking whether there is an exemption for the type of project that is funded for churches, for nonprofits -- and I'm not only talking about Kodak buildings, which has 400 units in the City of Miami. I'm talking about Tacolcy. I'm talking about 65 September 14, 1998 Volunteers of America. I'm talking that there are several projects of this type, Allapattah Community Development Enhancement right now. We -- our elderly are very concerned if we're going to raise them or not and how we're going to do it? So, I would like for you to also consider -- if you're considering the law, consider the exemption to it. Vice Chairman Plummer: Thank you, sir. Chief. I'm going to close the public hearing at this time and there's a number of questions that have been asked and I will ask the Chief to address them. The first one is, is there any method in which people who don't have 1500 or twenty-five hundred dollars ($2500) that payments could be ... a payment plan to be installed? Mr. Gimenez: Well, this particular -- if it goes on the tax bill, if they have mortgages, automatically, through their escrow account, it's really done on one twelfth basis. As they pay their mortgage and their escrow at the same time, they'll be paying it basically on a one twelfth basis. Vice Chairman Plummer: OK. Other than -- if they don't have a mortgage? Mr. Gimenez: Well, Mr. Lawson has another method for that. Vice Chairman Plummer: Is it possible that people don't have a great deal of down stroke money, that the terms could be ... with interest, of course. That would be logical -- that, in fact, that they would have payments -- hey, if you make a loan from a bank, they're going to get interest. But at least it gives relief. Now, who wants to answer? That was a question that was asked -- it's not my question. Mr. Vilarello: Commissioner, the State Statute does allow, upon application of the tax collector, quarterly payments of any assessments or non ad valorem assessments or taxes as well. Vice Chairman Plummer: You're saying it can't be done? Mr. Vilarello: It can be done, yes, sir. Vice Chairman Plummer: It can be done? Mr. Mark Lawson: All of the relief available for people who have difficulty paying taxes that are homeowners is also available under this program. The quarterly payment, which is simply -- you've got to apply for that with the tax collector. Basically, you pay four times a year. I think one time in advance. Three time in arrears. The other options are for those people that qualify that -- for tax deferral, they still have to pay the Piper but people that have homestead property that cannot pay taxes have the ability to petition the tax collector and not pay taxes at all. Of course, when that property is disposed of, it has to be paid and assessments fall under that category. So, all the safety net issues that are available for taxation, because you're using the tax bill, are also available here. Vice Chairman Plummer: So, my simple question was, can they be making payments? And the answer is they must apply for that relief. Are we going to, in some way, send out that kind of information to the people of the City that, in fact, that there is a method in which you can pay four different payments rather than a lump sum? Mr. Chief, is that information going to be definitely dispersed to the people who, of this evening, said they can't afford that lump sum? Mr. Gimenez: We weren't planning on doing that. It was simply going to go on the tax bill. Vice Chairman Plummer: Well, I think you're going to be planning on it now. 66 September 14, 1998 Mr. Gimenez: OK. Vice Chairman Plummer: OK. The next question is... Commissioner Regalado: Excuse me. If we do... Vice Chairman Plummer: Now, I've closed the public hearing. Now, I'm sorry. Commissioner Regalado: J.L.? Vice Chairman Plummer: Yes. Commissioner Regalado: If we... Vice Chairman Plummer: Unless a Commissioner ask to be heard, the public hearing is closed. Mr. Regalado. Commissioner Regalado: If we are going to do that, and I think we should, there's got to be a method in which no letter will say if you don't pay within two days, you get a lien on your property, et cetera. Vice Chairman Plummer: There's a state statute that prevails, according to the City Attorney, and that will be the prevailing and whatever that calls for is what will be done. OK, the next question that I have.... Commissioner Gort: Let me give you a suggestion. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: My understanding is, because it was applied to my father's house, there's a method. That you can go to the County and request that maybe. The County is the one that sends the bills out, my understanding. Maybe we can request of the County that the letter be put in with the bill. Vice Chairman Plummer: That's what I'm saying. Mr. Gort, I got to tell you something. I was not aware of it and I'm sure most of the people out there are not, so that's why I asked, are we going to so inform the people that they can do that? And the answer was yes. (INAUDIBLE COMMENT NOT ENTERED INTO PUBLIC RECORD). Vice Chairman Plummer: At 10 a.m., yes. And the next question, Chief, was -- what in reference to condos? Why was condos... Mr. Gimenez: The condos are treated as single family homes. They have a rate of sixty-one dollars ($61). Vice Chairman Plummer: OK. The next question was in reference to seventeen dollars ($17) a month. Mr. Gimenez: The way that -- if it's a multi -family home, I believe it's a seventy-four dollar ($74) rate. You divide that by 12. It's something -- a little bit over six dollars ($6) a month. Vice Chairman Plummer: OK. Now, they want to argue -- and I will give them that opportunity to argue with you afterwards. Let me ask one other question. Mr. City Attorney, at one time we had a provision in 67 September 14, 1998 the City of Miami and that provision provided that, if a person owned a home and was over, I think it was 60 years of age -- that could be argued back and forth -- and they did not have the money to pay for their taxes, there was a provision made in which they would not pay any taxes until such time as one, they sold the home; or two, they passed away and the City would then have a lien in assessment against the house. Is that still, in any way, effective in the City of Miami? You know, like the lady who said, she's on a fixed income. I'm sorry? Commissioner Teele: That's a deferral. That's all over the State. Vice Chairman Plummer: All right. In other words, that -- and I'm asking the question for informational purposes. OK. So, in other words, there is that availability for the lady who asked the question, what do I do? The answer to her is, that you could provide, through a mechanism, that in which you don't pay your taxes and at such time as either you sell it or you pass away, the City would then collect its money, I think, plus interest. I'm not sure. OK. Does anybody else have questions? Commissioner Teele: Vice Chairman. Vice Chairman Plummer: All right, Mr. Teele, you're being recognized. Commissioner Teele: There were a number of other questions that were raised, that one lady -- I think you're still here, ma'am... you made reference... Vice Chairman Plummer: Excuse me, Mr. Teele. Ma'am, the public hearing is closed. Unless you're called on by a Commissioner... I had thought I gave everybody the opportunity... Unidentified Speaker: You said if anybody had a question. Vice Chairman Plummer: OK. Mr. Teele. Commissioner Teele: And she said she lived in Town Park, I believe. Town Park is a co-operative. Now, what is the rule on co-operative? Is the Plummer rule, in effect, Mr. Attorney, as it relates to co-ops, on fire fees or is that just Solid Waste? Commissioner Regalado: No, that's just Solid Waste. We didn't have them voted. Mr. Vilarello: I believe it would be considered multi -family home. A co-op. Just like a condominium. Commissioner Teele: See -- let me understand. Did we change the rule for co-ops on the Solid Waste? Mr. Vilarello: With regard to the supplemental waste fee, that the initial amendment excluded condominiums and we then included co-ops, so co-op and condominiums were included. Vice Chairman Plummer: I think what Mr. Teele is referring to is, since he gave it the condo -- title of the Plummer Rule was, remember that we changed on the condominiums, where they had been considered as a commercial use was changed and that was eliminated, that they were not a commercial use. I believe that's what he's referring to. Commissioner Regalado: Yeah, but we haven't voted on the second time because it was... Vice Chairman Plummer: OK. But I'm saying that trying to get it in factual sequence. 68 September 14, 1998 Commissioner Teele: But I think it ... you're correct, Commissioner Plummer. I'm just trying to understand are co-ops treated the way they have been described by the public or are co-ops entitled to a different treatment under this assessment, based upon the legislation that Commissioner Plummer has proposed and is pending? Mr. Gimenez: Our consultants state that for the purpose of the fire fee, a co-op is looked at as the same as a condo, which is looked at as the same as a single family. Vice Chairman Plummer: Any further questions? Mr. Gort? It doesn't mean that we can't come back to a Commissioner for further questioning. Commissioner Gort: Yeah. There's some questions that have not been answered, which I think it needs to be answered, which is the cutting of expenses and expenditure. I'd like to bring a little history because a lot of statements that have been made here about corruption and so on. And I want you to know, I wish we had an Oversight Board 30 years ago because, let me tell you, I got elected in November'93 and the budget in '9Y94 was already done and when it came to the budget in '94/95, I became part of the committee to reduce the budget by thirty million dollars ($30,000,000) and then'95/96 we all saw what happened. But I think it's important you listen to hear ... if you've been sitting here, in 1955 -- and this is the documents that I received from the courts -- in 1955 the City fathers at that time passed a half mill tax to fund a pension plan. They collected that tax and that tax was not applied to the pension. It was used in the general funds. The deductions from the employees was deposited at a bank, non interest bearing account, transferred once a year, which means it's something called the Gates case, where the City of Miami was taken to court by the employees of the City of Miami and the City of Miami -- the court filed against the City. It had at that time a two hundred and thirty million unfunded liability. At that time the City -- from 1985 on, the City was requested, not only to fund the present liability -- the present contribution, but stop funding -- theunfunded liability an increase of five percent. It was in 1993 that an agreement came out with the firefighters and the police with a hundred and ten million dollars ($110,000,000) were forgiven and we just had a motion in front of us last year where the general employee would go ahead and come to an agreement, but we'll forgive the rest of it. So a lot of those payments we've been saving. We cut in '94/95 thirty million dollars ($30,000,000) and when it came to 96/97 we made some additional cuts, which, at this time, I don't have the numbers but I would like for the Chief, not only to address the cuts that we have made but the reduction of salaries that we have made and what has been the effect of it. Because I think it's important that the public understand this. Vice Chairman Plummer: Excuse me. Did you want the Chief to answer your question? Commissioner Gort: Yes, I want him to answer it. Vice Chairman Plummer: Chief, Mr. Gorfs answer. Commissioner Gort: I think most of the questions that we ask here because, let's face it, like I said, my dad had to go into the installment payment and I helped him but he had to go into the installment payment last year. So, I know what you're all going through because we all pay taxes and we got family in there. But I want the Chief to understand and to make sure that he explain that the cuts that we have made -- and I think it's also very important, if we don't take a decision here, somebody else going to take it and it's going to be a lot worse and some of you that's been here in all the meetings, you had to recall that the original fire fee was going to be a lot worse and we worked with you all and we said, let's try to put it even across to everyone. Vice Chairman Plummer: Chief, would you answer the question of Mr. Gort, please? 69 September 14, 1998 Mr. Warshaw: Well, what Commissioner Gort was talking and gave you some history in terms of the Gates case and how we got to where we got into this year as part of the solution to the City's problems, we are staging the hiring of people who the City desperately needs by staging it in such a way that there's going to be a two million dollar ($2,000,000) savings into next year, as well as eliminating positions that are worth about three quarters of a million dollars ($750,000). And I think I can also tell you that I've been mandated by the Commission -- I think it's very been very clear that this next year we need to look at finding additional revenues, additional sources of revenue so that I can present to the Commission some alternatives to some of these fees but this didn't happen overnight. As Commissioner Gort pointed out, it went back a long, long time ago, 20, 30, 40 years ago and, unfortunately, we're paying the price now. But there are things that are being done this year to cut expenses. We're going to keep looking at cutting expenses and looking at additional revenues and, hopefully, we'll be able to turn some of these fees and taxes around in the year to come. Commissioner Regalado: Mr. Vice Chairman? Vice Chairman Plummer: Mr. Sanchez has asked for the floor. Commissioner Sanchez: Thank you, Mr. Vice Chair. I'd like to thank each and every one of you that have come out here today to express your concern and oppose this fire fee and I would like to apologize for the 169 people that came here at ten o'clock this morning. My office will write them a letter apologizing on behalf of this City. Let me just state for the record, August the 14th I voted no against the fire fee. September the 8th I voted no for the second time. And today I will vote no again but that -- I represent District 3, which is one of the poorest districts and I've stated before, I refuse to pass the burden to our tax payers. Once again, I state, this City has not made sacrifice. Why should we, the tax payers, be forced to? Just to add on this, you know, all we're basically going to do -- and people have come up here, people that are on retirements and they are basically living dollar by dollar per day, that we're basically going to be driving away these people that have created this magical City today and they don't have any money. They didn't save for the future as we do now with 401 s. Those things did not exist. Now, you know, I'm going to be honest with you, I'm going to be damned if I raise your taxes and that's the bottom line. Vice Chairman Plummer: Mr. Regalado. Commissioner Regalado: I would like to ask a very silly question. Maybe all of you were here watching on TV (television). Mr. Manager, what happened when we voted down the fire fee and sent budget to the Oversight Board? Mr. Warshaw: Well, there was a sequence of events but, basically, when the Oversight Board rejected the budget, they made the statements and comments on the record that if we didn't come back with a balanced budget and a Five -Year Plan, that this would all go to the Governor and, of course, there was the veiled threat that the Governor was going to take the City over. Commissioner Regalado: One of the things... Commissioner Gort: Excuse me, Regalado. I think something should be added because a lot of people think that we worry about our jobs. My understanding is ... excuse me. Commissioner Regalado: Oh, no, no, no. Commissioner Gort: Oh, OK, you're going to touch that? 70 September 14, 1998 Commissioner Regalado: I was going to address that. Willie, because that gentleman over there, I really... Vice Chairman Plummer: Can I stop you two from arguing, please? Mr. Regalado has the floor. Commissioner Regalado: No, I'm not arguing. He's my friend. Vice Chairman Plummer: He didn't yield. Commissioner Regalado: No, he's -- I yield to him anytime. But I really resent the fact that it was said that we were here, this gentleman said, keeping our jobs. Well, it would have been easier to say well, the hell with it and let the Governor do it and then, you know, we would go to the media and look like heroes in this City and if there was an election in the future, of course everybody will vote for everyone here. But we tried to do what we thought it was best for the City at this time. I -- you know, I only been in the Commission for two and a half years. Recently, a very well -respected publisher of a paper here in Miami wrote a column -- Miami Today -- wrote a column and when he was writing about the Commission members, he -- when he said my name, he said, "Tomas, parenthesis, this is a poor city, Regalado." The reason he made fun of that is because I kept saying during two years and a half that this, indeed, is a poor City. I was very glad to vote against the fire fee several months ago and I was really frustrated when the Oversight Board rejected that budget and told us that either we do whatever we have to do or they'll do it for us. I was questioned because I said, we tried to save six million dollars ($6,000,000). We should have saved more. Well, you know, again, every time that we send a budget with what the Governor of the Oversight Board wanted without that, we get the budget back. But, you know, there's more than this. I think that many of you realize that -- a lot of people have spoken here -- are really hurting and I really hurt with them. Sometimes I wonder what can we do? I, for one, will do something that would hurt the City and the cities throughout the State. I am on the media. I work for a living. This is not my job to make money. And on the media I am campaigning for a constitutional amendment that would hurt the cities but it would help the senior citizens that have residents by doubling the homestead exemption. I am campaigning for that. I know that there are many apartment building owners that are hurting because they have the compassion. I know of one here, Monique, that I have talked to her many times and she has shown me that she does have compassion but let me tell you, there were a lot of business owners that were very glad and very happy that, for 20 years, the City did not enforce the code enforcement regulation, nor we sent inspector because they were making a lot of money out of the poor people and this is why we have slums in the northeast, slums in Model City and I know -- I'm not from that area but I know because, as a journalist, I've done a lot of reports. I've walked the streets of Model Cities and I have seen a lot of slum lords in this City. I just hope that this City will do the right thing two -fold. That we defend the owners by trying to do the right thing next year. And I want, Mr. Manager, just to ask you, just for the record, we all know but we are committed to a five year fire fee of twentyfour dollars ($24). That's what we are committed. This increase in the fire fee is not part of the five year commitment that we have, is that correct? Mr. Gimenez: You are originally committed to a five-year fee of -- for a single family residence of twenty-four dollars ($24) or to generate at approximately four point two million dollars ($4,200,000) that was set aside to buy the fire trucks, refurbish the fire stations and buy the equipment that we... Vice Chairman Plummer: Chief, answer the question, please. Mr. Gimenez: Yes. Vice Chairman Plummer: The answer is, there is no commitment on this portion for the five years? 71 September 14, 1998 Commissioner Regalado: That's what I'm trying to establish. Mr. Vilarello: No. Sorry. Commissioner, no. Mr. Warshaw: I'm sorry. I've got to make a correction. Mr. Vilarello: That's not correct. Mr. Warshaw: The first twenty-four dollar ($24) commitment was for capital equipment. Vice Chairman Plummer: There is a cap of five years. Commissioner Regalado: Exactly. Mr. Warshaw: The additional five year plan dollars are committed. Commissioner Regalado: To the general fund. Mr. Warshaw: The fire fee... Vice Chairman Plummer: But there is no cap. Mr. Warshaw: Are committed for five years as part of the budget solution. Commissioner Regalado: To the general fund? Mr. Warshaw: Correct. Commissioner Regalado: That's right. Vice Chairman Plummer: On the Five -Year Plan. Commissioner Regalado: But, Mr. Manager, what I'm trying to establish here ... excuse me, J.L. Vice Chairman Plummer: But there's not -- excuse me. No, no, no. Now, wait a minute. They've corrected me. I want to stand corrected. There is no cap of five years on the second portion of the fire fee. There is on the first. Now, you asked it's part of the Five -Year Plan but that doesn't mean it ends then. Commissioner Regalado: That's what I'm saying. Mr. Warshaw: No, I didn't say there's a cap. I said it is committed for the Five -Year Plan. Vice Chairman Plummer: Five year budget plan, which can change. Mr. Warshaw: That's correct. Commissioner Regalado: Which can change. Mr. Warshaw: That's correct. 72 September 14, 1998 Vice Chairman Plummer: But that is not like the five-year for the twenty-four dollars ($24) for equipment. That has a five-year sunset. Mr. Warshaw: That's correct. Vice Chairman Plummer: That's right. There is no sunset on the second portion. Mr. Warshaw: That's correct. Vice Chairman Plummer: All right. Commissioner Regalado: That's what I... Mr. Warshaw: It is part of the Five -Year Plan. Vice Chairman Plummer: That didn't answer his question. Don't play semantics with me. Go ahead. I'm sorry to interrupt you, sir. Commissioner Regalado: J.L.? No, that's OK. I really appreciate it because that's precisely what I want. That there is no legal commitment for capital improvement in the Fire Department, other than the twenty-four dollars ($24). Mr. Warshaw: That's correct. Commissioner Regalado: That, if next year you, Mr. Manager, say to us, we have just signed a deal that will bring to the City ten million dollars ($10,000,000), we can eliminate the rest of the fire fee if we have the recurring revenues? That's... Mr. Warshaw: That is correct. Commissioner Regalado: OK. Vice Chairman Plummer: Absolutely. That's why I did it. Commissioner Regalado: That's all I wanted to know. So, you know, what we're trying to do here is just trying to do the right thing and I just hope that the people understand. I hope that a lot of people will understand that, you know, some people say, well, let's go to the County. Well, you know, the County now is working on increase in taxes and the garbage fee of the County is huge amount compared to what it is in Miami. And I just hope that the people understand that what we're doing here is not trying to save the City or saving our jobs or this City Hall because the City's not a building. The City are its resident and we're trying to eliminate the possibility of more hardship to the residents of Miami. We are ... neither you or us are to blame for what is going on now, but we're stuck with it and we have to do something. Vice Chairman Plummer: Mr. Gort. Commissioner Gort: My understanding, and then correct me if I'm wrong ... my understanding is, as long as we present a balanced budget, being that we reduce cost or we increase revenues, we can eliminate any fee that we want or any tax, lower any tax that we want. That's my understanding. Vice Chairman Plummer: As long as it balances. 73 September 14, 1998 Mr. Warshaw: We can find substitute recurring revenues to replace any of the fees that you put in place, with the exception of the first twenty-four dollars ($24). Commissioner Gort: My understand also, because I come from a very poor area, there is a lot of problems in certain areas. We were trying to work in those areas and try to improve not only job placement, economic development in that area, but my understanding also, somebody here from Planning Department, in the next two years, beginning as of last year, we got over three billion dollars ($3,000,000,000) in new constructions coming into the Brickell Downtown Area, which, my understanding is, will produce about twentyfour million dollars ($24,000,000) in taxes. Am I correct? Mr. Warshaw: There are approximately three plus billion dollars of projects either that have begun or are scheduled to begin. As those projects come on line, those will be ad -valorem taxes that you can look at and certainly be viewed, if you so desire, as replacement or substitute revenues, if that's the case at the time. Vice Chairman Plummer: You stand corrected, Chief Commissioner Gort: Also, my understanding is, besides looking for new revenues, we're looking to reduce costs of operation. Mr. Warshaw: That's correct. Commissioner Gort: OK. Vice Chairman Plummer: A billion dollars ($1,000,000,000) of that revenue you speak of is not taxable. It's Performing Arts of the Opera and all of that of the downtown, the New Arena, those are not taxable. OK. Commissioner Gort: My understanding, J.L., the three billion dollars ($3,000,000,000) is two point something but that goes for three million with the public facility but my understanding also, we're working with the Federal Government -- because I think it's important that everybody understand we've been working with the Federal Government for quite a bit and Arlene Weintraub is back there. That she's been the one that's been dealing with the Federal Government, that they can pay certain fee and my understanding we can continue to do that with the other non -profits. Vice Chairman Plummer: All right. Chief, you have any final comments? Mr. Gimenez: No, sir Vice Chairman Plummer: Mr. Manager, you have any final comments? Mr. Warshaw: No, sir. Vice Chairman Plummer: Mr. City Attorney, any final comments? Mr. Vilarello: No, sir. Vice Chairman Plummer: Budget Director, any final comments? OK. Commissioner Teele: Mr. Vice Chairman? 74 September 14, 1998 Vice Chairman Plummer: Mr. Teele, final comments. Commissioner Teele: Let me just understand two things, based upon the questions that Mr. Regalado has raised. What is the total amount that this will generate? Is it fourteen point eight? Is that the number that... Mr. Gimenez: The gross billing is something like eleven point eight million and we expect a revenue of about eleven point two five. Commissioner Gort: What was that amount again? Vice Chairman Plummer: Eleven two five. Commissioner Teele: So, this Paragraph C that says that the assessed cost is fourteen point five four, what... Mr. Gimenez: What that means is that that's the total, including the exemptions. And that what I gave you, that eleven million -- eleven point eight, that was taking out the exemptions. Commissioner Teele: That's the net -- OK. Now, that's the question. Of the three million dollars ($3,000,000) of exemptions, did we send out notices asking for volunteer payments to Jackson Hospital, to all of these people? And what has been our experience for last year on this? Mr. Gimenez: We send it out for the first billing that we had back in April to those properties. We have not sent it out because the bills haven't gone out yet for the November. Commissioner Teele: But how much money did we get back? Mr. Gimenez: Sir, I don't know how much money we got back on that. We need Finance Department to give us that answer. Commissioner Teele: I mean, we have this good government program with the Federal government. We've got all these state agencies. The Governor's Oversight Board. I mean, you know, we do all of this talk around here about really trying to raise money but I... Vice Chairman Plummer: Don't guess. You know, answer his question. Mr. Warshaw: We'll get you the answer, Commissioner. Commissioner Teele: Yeah. But it's very, very important that we follow up on this because I think it would almost be -- I mean, with all due respect to the Oversight Board and all of the people who are helping us and a lot of that help is good, I think it would be almost criminal, in a figurative sense only, if the State doesn't make their payments, I mean, to this. And I really hope, Mr. Manager, that you will meet with the director of the Oversight Board and you will meet with Mr. Steirheim, who's had so much to say and do. Because I've got to tell you, Mr. Manager, I drove by some apartment public housing the other day in my district -- it was in Overtown -- and the fire ... two different vehicles were there, emergency vehicles were there. Disproportionately, public housing generates far more of the emergency calls. We've all, you know, figured this out. The County owes us well over a million dollars ($1,000,000) for the services that we're providing and I think the way we can make this burden lighter on the property owners is that we not just go after them. We go after these other people who can pay. And I just don't sense that we're really in that business yet. The other issue that I need to have understood -- and I really would like to know the answer to that at the budget hearing. 75 September 14, 1998 Mr. Warshaw: I'll get it for you. Commissioner Teele: The other issue and the final issue on this is this issue that Commissioners have made a lot to talk about previously is tax deductibility and I will tell you, I have no ... I am totally in need of a lot of help. I'm challenged in this area. Is this fire rescue assessment deductible as a property tax would be for a federal income tax or any other purpose? Would it -- let me ask you this. Is it deductible for a homeowner as an income tax? Mr. Lawson: This is Mark Lawson. My understanding is that it is not deductible from a homeowner standpoint. It is deductible from a commercial business standpoint and remember when you -- sixtyone dollars ($61) — assume -- you got to assume which tax bracket the person is in, that gives you the idea the deduction, even if it were deductible, it would be a nominal amount. Commissioner Teele: In other words, it would be your understanding that, if a property owner was paying this, it would be fully deductible as an expense, like the utility bills or... Mr. Lawson: No. If a property owner, who owns -- give you an example. If you live in the house and you wanted to include this on an itemized deduction on your own individual tax form, you would not be able to deduct it. Whereas, you would be able to deduct your ad -valorem taxes. On the other hand, if you own the house and rented it to a third person as a landlord, it would be fully deductible as a business expense. That is my understanding. But always the caveat it, you should seek counsel from your own accounting professional. Vice Chairman Plummer: Ask your auditor. OK. Can I have a few minutes to ramble, Mr. Teele? Mine is going to be very brief. Commissioner Teele: As long as she doesn't mind out there... Vice Chairman Plummer: Mine's going to be very brief. It's history. I think the fire fee is horrible. I voted against the fire fee in the initial concept, Mr. Gort, and I voted for what I thought -- and I don't disrespect my colleagues -- Mr. Gort and I voted to double the garbage tax and we could not get the votes. The other alternative we had was the fire fee. I don't like it. I think it's wrong. But I have no alternative. I have no alternatives. Mr. Manager, it might interest you to know that I am informed in Homestead, Florida, who just instituted a garbage fee, is five hundred and fort five dollars ($545.00) a year. Commissioner Teele: In Homestead? Vice Chairman Plummer: In Homestead, Florida. And ours is two hundred and something a year. I would have much preferred to have the garbage tax. It's not reality. It's not going to happen and, as such, I have no alternative. The floor... Commissioner Teele: Commissioner Plummer, would you yield on that point? Vice Chairman Plummer: Absolutely, sir. Always to you, sir. Commissioner Teele: In terms of instructing the Manager, would you be willing to concede or would you be willing to agree for next year that we look toward eliminating all of the non capital aspects of this and adjusting it against the garbage tax -- garbage fee? 76 September 14, 1998 Vice Chairman Plummer: Mr. Teele, I would have no reservations whatsoever to ask the Manager to look into any subject but, again -- and it was my mandate -- and I'm not trying to play politics here -- it was my mandate in the budget hearings that the Manager is mandated to come up with either a million dollars ($1,000,000) a month cut or additional revenues. It is fully my intent, if any way humanly possible, to eliminate what we can in the fire fee through the additional mandates we have placed upon the City Manager. And I just want to conclude by saying that anyone that said that I do -- wanted to try to keep my job, let me inform you that my taxes on my house are one hundred and fifteen dollars ($115) more than the five thousand dollars ($5,000) I make as this job. Commissioner Teele: Mr. Vice Chair? Vice Chairman Plummer: Yes, sir. Commissioner Teele: I would move adoption of the resolution. Vice Chairman Plummer: There's a motion to adopt the resolution. Is there a second? Seconded by... Commissioner Regalado: Second. Vice Chairman Plummer: Seconded by Mr. Gort, Mr. Regalado and Mr. Plummer. Call the roll. Commissioner Teele: Does the attorney need to read into the record anything? Vice Chairman Plummer: It's a resolution, isn't it? Mr. Vilarello: It's a resolution and it is a part of the agenda. I don't need to. If you'd like to, I will. Vice Chairman Plummer: No. Just for the purpose of the record, go ahead and call the roll. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 98-885 A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; RE -IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 77 September 14, 1998 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Vice Chairman J.L. Plummer, Jr. NAYS: Commissioner Joe Sanchez ABSENT: None. Vice Chairman Plummer: Reluctantly, yes. May I take this opportunity to thank all of the people. If I was abrasive with some, I apologize but we did get through with the meeting. This meeting is now adjourned. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:22 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK VICE CHAIRMAN J.L. PLUMMIER, JR. PRESIDING OFFICER/CHAIRMAN 78 September 14, 1998