HomeMy WebLinkAboutCC 1998-09-28 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON September 28, 1998 (Planning & Zoning Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERKUTY HALL
Walter J. Foeman/City Clerk
MINUTES OF PLANNING & ZONING MEETING
September 28, 1998
ITEM NO. SUBJECT LEGISLATION
1. DIRECT CITY MANAGER TO PROVIDE ASSISTANCE TO 9/28/98
MUNICIPALITIES AFFECTED BY HURRICANE DISCUSSION
GEORGES - SEE LABELS 3 AND 8. 2
2. COMMENTS REGARDING AGENDA ITEMS PULLED 9/28/98
FROM CONSENT AGENDA: CA-9 (ACCEPT BID OF DISCUSSION
PERSONAL SAFETY EQUIPMENT CO., INC.); CA-16 3
(AUTHORIZE PROFESSIONAL SERVICE AGREEMENT
WITH COOPER INSTITUTE FOR AEROBICS
RESEARCH); CA-22 (AUTHORIZE PROFESSIONAL
SERVICE AGREEMENT WITH W.R. BLOUNT AND
ASSOCIATES, INC.); CA-7 (ACCEPT BID OF HARLEY
DAVIDSON OF SEMINOLE) - COMMENTS ADDRESSING
NEED TO AWARD CONTRACTS TO LOCAL VENDORS -
SEE LABEL 6.
3. COMMISSIONER SANCHEZ COMMENDS CITY 9/28/98
EMPLOYEES FOR WORK DURING HURRICANE DISCUSSION
GEORGES. - SEE LABELS 1 AND 8. 4
4. DISCUSS/DEFER CONSIDERATION OF AGENDA ITEM 2 9/28/98
(PROPOSED APPROVAL OF SOLE SOURCE FINDING M 98-886
FOR PURCHASE OF MOTOROLA XTS 3000 DIGITAL 4-5
PORTABLE RADIOS FROM MOTOROLA, INC.) TO
COMMISSION MEETING OF OCTOBER 13, 1998 - SEE
LABEL 60.
5. RATIFY / APPROVE CONFIRM SOLE SOURCE FINDING 9/28/98
- APPROVE UPGRADE OF FIREARMS TRAINING R 98-887
SYSTEMS II FROM FIREARMS TRAINING SYSTEMS, 5-7
INC. - FOR POLICE - ALLOCATE $30,600. FROM
ENTREPRENEURIAL POLICE FUND, ACCOUNT CODE
126001.290402.6.840.
6 CONSENT AGENDA - SEE LABEL 2.
9/28/98
DISCUSSION
7-8
6.1
ACCEPT BID: MINOLTA BUSINESS SYSTEMS - FOR
9/28/98
LEASE OF TWO MICROFILM READER/PRINTERS - FOR
R 98-888
POLICE - ALLOCATE $14,892.56 FROM ACCOUNT
8
CODE 991000.290201.6.610.
6.2
ACCEPT BID: VALROSE ENTERPRISES, INC., DB/A
9/28/98
AWNINGS BY VALROSE - FOR FURNISHING AND
R 98-889
INSTALLATION OF CANOPIES AT DINNER KEY
8
MARINA -0 FOR PUBLIC FACILITIES - AT TOTAL COST
NOT TO EXCEED $7,650 - ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT NO. 311016,
ACCOUNT CODE NO.359301.840.
6.3
ACCEPT BID: RONALD M. GIBBONS - FOR
9/28/98
FURNISHING AND INSTALLATION OF STEEL PICKET
R 98-890
FENCE AT ALLAPATTAH COMSTOCK PARK - FOR
9
PARKS AND RECREATION - ALLOCATE $13,512.85
FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM
FUNDS AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
6.4
ACCEPT BID: STATIONARY POWER SUPPLY, INC., --
9/28/98
FOR REMOVAL, DISPOSAL AND REPLACEMENT OF
R 98-891
UPS BATTERY SYSTEM CITYWIDE, -- FOR GENERAL
9
SERVICES ADMINISTRATION - AT TOTAL COST NOT
TO EXCEED $127,384 - ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROGRAM, "CITY-WIDE
FACILITIES RENOVATIONS AND RESTORATIONS",
PROJECT NO.311016.
6.5
ACCEPT BID: ELITE FIRE AND SAFETY EQUIPMENT,
9/28/98
INC., -- FOR PROCUREMENT OF FIRE FIGHTING
R 98-892
HOSES, -- ANNUAL COST NOT TO EXCEED $9,776.25 -
10
FOR FIRE -RESCUE - ALLOCATE FUNDS FROM
ACCOUNT CODE NO. 00 1000.280601.6.709.
6.6
ACCEPT BID: BENNETT FIRE PRODUCTS COMPANY,
9/28/98
INC. - FOR FURNISHING OF FIRE FIGHTERS'
R 98-893
PROTECTIVE CLOTHING -AT TOTAL COST NOT TO
10
EXCEED $25,590 - FOR FIRE -RESCUE - ALLOCATE
FUNDS FROM ACCOUNT CODE NO.
001000.280601.6.075.
6.7
ACCEPT BID: CONTINENTAL ELECTRIC & STEEL
9/28/98
CORP., -- FOR FURNISHING OF LIGHTING FIXTURES -
R 98-894
FOR POLICE PARKING GARAGE - AT TOTAL COST
11
NOT TO EXCEED $41,267.20 - ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE
NO.312015.299401.6.840.
6.8
ACCEPT BID: SAFETY EQUIPMENT COMPANY FOR
9/28/98
CONFINED SPACE RESCUE COMMUNICATION KIT FOR
R 98-895
FIRE -RESCUE.
11
6.9
ACCEPT BIDS: LASON SYSTEMS, INC. AND
9/28/98
ADVANCED IMAGING SOLUTIONS, INC. - FOR
R 98-896
FURNISHING OF MICROFILMING SERVICES - AT
12
TOTAL ANNUAL AMOUNT NOT TO EXCEED $25,000 -
FOR BUILDING AND ZONING - ALLOCATE FUNDS
FROM ACCOUNT CODE NOS. 421001.560302.340 ($8,280)
AND 421001.560402.289 ($16,720).
6.10 AUTHORIZE FUNDING FOR THE COOL SCHOOL 9/28/98
PROGRAM - IN AMOUNT NOT TO EXCEED $42,000 - R 98-897
ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST 12
FUND, PROJECT NUMBERS 6900001, 690002, OR 690003.
6.11 AUTHORIZE CITY MANAGER TO
EXECUTE 9/28/98
AGREEMENT, WITH THE LITTLE
HAVANA R 98-898
DEVELOPMENT AUTHORITY, INC.
- FOR 13
MANAGEMENT AND OPERATION OF
"MAXIMO
GOMEZ PARK", ALSO KNOWN AS "DOMINO PARK - IN
AMOUNT NOT TO EXCEED $59,075 -
ALLOCATE
FUNDS FROM FISCAL YEAR 1998-1999 BUDGET OF
PARKS AND RECREATION, AID TO
PRIVATE
ORGANIZATIONS ACCOUNT.
6.12 ACCEPT GRANT FOR $86,305, FROM U.S. DEPARTMENT 9/28/98
OF HEALTH AND HUMAN SERVICES (TITLE XX) R 98-899
THROUGH MIAMI-DADE COUNTY TO PROVIDE CHILD 13
DAYCARE SERVICES FOR LOW INCOME FAMILIES.
6.13 AUTHORIZE CITY MANAGER TO EXECUTE
AGREEMENT WITH BELAFONTE TACOLCY CENTER,
INC. -, FOR CONTINUED IMPLEMENTATION OF
SPORTS DEVELOPMENT PROGRAM - FOR LIBERTY
CITY AREA AND SURROUNDING COMMUNITIES, IN
AN AMOUNT NOT TO EXCEED $78,795 - ALLOCATE
FUNDS FROM THE FISCAL YEAR 1998-1999 BUDGET
OF PARKS AND RECREATION, AID TO PRIVATE
ORGANIZATIONS ACCOUNT.
6.14 AUTHORIZE CITY MANAGER TO EXECUTE LEASE
AGREEMENT WITH GROVITES UNITED TO SURVIVE,
INC. ("GUTS") - FOR USE BY CITY OF PROPERTY, AT
3686 GRAND AVENUE, AS RECREATIONAL FACILITY -
FOR MONTHLY FEE OF $887.29 - ALLOCATE FUNDS
FROM LAW ENFORCEMENT TRUST FUND, PROJECT
NOS. 690001, 690002 AND 690003.
6.15 AUTHORIZE CITY MANAGER TO EXECUTE
REVOCABLE LICENSE AGREEMENT WITH VIKO DRUG
STORE INC. - FOR USE OF SPACE IN OVERTOWN
SHOPPING CENTER, AT 1490 NW 3RD AVENUE, SPACE
108, -- FOR PROVIDING PHARMACEUTICAL CARE AND
SERVICES TO OVERTOWN COMMUNITY - AT ANNUAL
FEE OF $9,030.
6.16 AUTHORIZE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENT WITH
CRIMINAL JUSTICE RESEARCH ASSOCIATES, INC., -
TO PROVIDE PROBLEM ORIENTED POLICING
TRAINING SERVICES FOR POLICE DEPARTMENT - IN
AMOUNT NOT TO EXCEED $35,000 - ALLOCATE
FUNDS FROM COMMUNITY POLICING
DEMONSTRATION CENTER GRANT, ACCOUNT CODE
NO. 142021.290496.6.270.
6.17 AUTHORIZE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENT WITH
CRIMINAL JUSTICE RESEARCH ASSOCIATES, INC., --
FOR POLICE - IN AN AMOUNT NOT TO EXCEED
$24,279.00 - ALLOCATE FUNDS FROM PROBLEM
SOLVING PARTNERSHIPS GRANT PROGRAM,
ACCOUNT CODE NO. 142018.291226.6.270 ($2,664) AND
PROBLEM SOLVING PARTNERSHIPS ASSESSMENT
GRANT PROGRAM, ACCOUNT CODE NO.
142022.290497.6.270 ($21,615).
9/28/98
R 98-900
14
9/28/98
R 98-901
14
9/28/98
R 98-902
15
9/28/98
R 98-903
15
9/28/98
R 98-904
16
6.18
AUTHORIZE CITY MANAGER TO EXECUTE
9/28/98
PROFESSIONAL SERVICE AGREEMENT WITH 21 ST
R 98-905
CENTURY SOLUTIONS, -- FOR COMMUNITY SURVEY
16
SERVICES - IN AMOUNT NOT TO EXCEED $43,440 -
ALLOCATE FUNDS FROM COMMUNITY POLICING
DEMONSTRATION CENTER GRANT, ACCOUNT CODE
NO. 142021.290496.6.270.
6.19
AUTHORIZE CITY MANAGER TO EXECUTE
9/28/98
PROFESSIONAL SERVICE AGREEMENT WITH W.R.
R 98-906
BLOUNT AND ASSOCIATES, INC. - TO
17
DESIGN/DEVELOP AND EVALUATE COMPONENTS
FOR THE ESTABLISHMENT OF COMMUNITY POLICING
DEMONSTRATION CENTER - FOR POLICE
DEPARTMENT - IN AMOUNT NOT TO EXCEED $38,370
- ALLOCATE FUNDS FROM COMMUNITY POLICING
DEMONSTRATION CENTER GRANT, ACCOUNT CODE
NO. 142021.290496.6.270.
6.20
AUTHORIZE CITY MANAGER TO ALLOCATE ELEVEN
9/28/98
THOUSAND, TWO HUNDRED DOLLARS ($11,200) FROM
R 98-907
TWENTY-FOURTH (24TH) YEAR COMMUNITY
17
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT
799602 - FOR REHABILITATION OF BUSINESSES
LOCATED IN DOWNTOWN AREA UNDER THE CITY-
WIDE COMMERCIAL FACADE PROGRAM.
6.21
AUTHORIZE CITY MANAGER TO ALLOCATE EIGHT
9/28/98
THOUSAND FOUR HUNDRED DOLLARS ($8,400) FROM
R 98-908
TWENTY-FOURTH (24TH) YEAR COMMUNITY
18
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT
799602 - FOR REHABILITATION OF BUSINESSES
LOCATED IN LITTLE HAVANA AREA UNDER THE
CITY-WIDE COMMERCIAL FACADE PROGRAM.
6.22
AUTHORIZE CITY MANAGER TO ALLOCATE NINE
9/28/98
THOUSAND, EIGHT HUNDRED DOLLARS ($9,800)
R 98-909
FROM COMMUNITY DEVELOPMENT BLOCK GRANT
18
FUNDS, PROJECT NO. 799602 - FOR REHABILITATION
OF BUSINESSES LOCATED IN EDISON/LITTLE RIVER
AREA UNDER THE CITY-WIDE COMMERCIAL FACADE
PROGRAM.
6.23
CLASSIFY SUNKEN BARGE AT MIAMI MARINE
9/28/98
STADIUM AS CATEGORY "A" SURPLUS STOCK -
R 98-910
FURTHER DONATE SAME AT ATLANTIC GAME -FISH
19-20
FOUNDATION, -- FOR RELOCATION AND USE AS
ARTIFICIAL REEF.
7.
PRESENTATIONS.
9/28/98
DISCUSSION
21
8. MAYOR COMMENDS STAFF FOR DEDICATION SHOWN 9/28/98
DURING AND AFTER HURRICANE GEORGES. (See DISCUSSION
labels 1+3). 21
9. PERMIT UNDAMAGED PORTION OF EXISTING WALL 9/28/98
ENCROACHMENT AND RECONSTRUCTION OF A R 98-911
PORTION OF EXISTING WALL ENCROACHMENT 21-22
ADJACENT TO 3528 ROYAL PALM AVENUE TO
REMAIN WITHIN DEDICATED RIGHT-OF-WAY OF
POINCIANA AVENUE.
10. AUTHORIZE TEMPORARY RESTRICTION OF 9/28/98
VEHICULAR ACCESS TO N.W. MIAMI COURT AT R 98-912
INTERSECTION WITH S.W. 14TH STREET AND N.W. 22-23
15TH STREET.
11. ANNOUNCE CONTINUATION OF AGENDA ITEM PZ-8 9/28/98
(COCONUT GROVE PLANNING STUDY FOR DISCUSSION
PRESERVATION OF COCONUT GROVE AREA) TO 23
MEETING OF OCTOBER 27, 1998.
12. ADOPT PRELIMINARY ASSESSMENT DETERMINING 9/28/98
NOT TO RENEW MIAMI TELECOMMUNICATIONS, INC. R 98-913
CABLE TELEVISION FRANCHISE LICENSE -(PERSONAL 24-43
APPEARANCE: MATTHEW LIEBOWITZ) - DIRECT CITY
MANAGER TO REQUEST RESIDENTS TO PROVIDE IN
WRITING THEIR OPINION ABOUT MIAMI TCI
SERVICES - FURTHER REQUESTING MANAGER TO
ADVISE COMMISSIONERS OF RESULTS. - DIRECT CITY
MANAGER TO PROVIDE COMMISSION WITH MIAMI
TCI HISTORICAL FINANCIAL ANALYSIS OF PAYMENT
OF FRANCHISE LICENSE FEES.
13. PERSONAL APPEARANCE: REPRESENTATIVES FROM 9/28/98
ROD AND REEL - GRANT REQUEST FOR USE OF M 98-914
WATSON ISLAND — FOR KING FISH TOURNAMENT 43-47
(MARCH 12-14, 1998).
14. (A) PERSONAL APPEARANCE: LEROY JONES,
EXECUTIVE DIRECTOR OF NEIGHBORS AND
NEIGHBORS ASSOCIATION (N.A.N.A.) - TO DISCUSS
OFF STREET PARKING FUNDS DIVERTED FROM
OVERTOWN INTO GUSMAN THEATRE - SEE LABELS
41,43, 48, 66.
(B) DIRECT CITY MANAGER TO INSTRUCT BUDGET
OFFICE TO ADDRESS CONCERNS REGARDING
EXPENDITURES OF MONIES EARMARKED FOR
COMMUNITY REDEVELOPMENT AGENCY - DIRECT
CITY MANAGER TO PROVIDE MEMORANDA RELATED
TO DEPROGRAMMING OF FUNDS ALLOCATED TO
COMMUNITY REDEVELOPMENT AGENCY FOR PAST
DECADE.
(C) DIRECT CITY MANAGER TO INSTRUCT FINANCE
TO CONDUCT EXTERNAL AUDIT OF COMMUNITY
REDEVELOPMENT AGENCY FOR PAST TEN YEARS -
DIRECT CITY MANAGER AND CITY ATTORNEY TO
REVIEW MIAMI ARENA AGREEMENT CONCERNING
LAND DEEDED TO COMMUNITY REDEVELOPMENT
AGENCY FOR PARKING LOT USAGE - FURTHER
DIRECT MANAGER TO ASCERTAIN STATUS OF
MONEYS GIVEN TO COMMUNITY REDEVELOPMENT
AGENCY FOR PAST DECADE.
15. DEFER CONSIDERATION OF AGENDA ITEM 10
(PERSONAL APPEARANCE: REPRESENTATIVE(S)
FROM COCONUT GROVE CHAMBER OF COMMERCE
TO REQUEST PERMISSION TO PRODUCE SPORTS -
ORIENTED COMMUNITY EVENT COINCIDING WITH
SUPER BOWL WEEKEND) TO NEXT MEETING.
16. APPROVE EMERGENCY ORDINANCE: AMEND
ORDINANCE NO. 11395 - ESTABLISH INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR
"VICTIMS OF CRIME ACT," -- INCREASE SAID
APPROPRIATION BY $35,000, CONSISTING OF A
GRANT FROM THE STATE OF FLORIDA, OFFICE OF
THE ATTORNEY GENERAL.
17. DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED SECOND READING ORDINANCE:
AMENDING CHAPTER 22 OF CODE ENTITLED
DEFINITIONS / FOR NEW REGULATIONS
CONCERNING THE DISPOSAL OF TRASH / CREATE
NEW ENFORCEMENT AND ADMINISTRATIVE FEES /
AMEND SECTIONS 22-1 THROUGH 22-6, 22-8, 22-9, AND
22-12, 22-14, 22-18, 22-45, 22-51, AND 22-93) TO NEXT
MEETING PENDING BUDGET IMPACT ANALYSIS OF
PROPOSED ORDINANCE - SEE LABEL 29.
9/28/98
DISCUSSION
48-60
9/28/98
DISCUSSION
60-61
9/28/98
ORDINANCE
11697
61-63
9/28/98
M 98-915
64-66
18. APPROVE SECOND READING ORDINANCE: AMEND 9/28/98
CHAPTER 2/ARTICLE II OF CODE, ENTITLED ORDINANCE
"ADMINISTRATION/MAYOR AND CITY COMMISSION" 11698
-- ADD LANGUAGE TO CLARIFY SECTION 4(G)(6) OF 66-69
CHARTER AS IT RELATES TO REMOVAL OF CITY
MANAGER BY MAYOR - ADD NEW SECTION 2-37 TO
SAID CODE.
19. APPROVE SECOND READING ORDINANCE: AMEND 9/28/98
SECTION 53-181 OF CODE - CHANGE FEES CHARGED ORDINANCE
FOR USE, OCCUPANCY, AND SERVICES AT THE CITY 11699
OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT 70-73
CONVENTION CENTER - COMMENTS CONCERNING
EFFORTS BY ADMINISTRATION TO SELL CITY OF
MIAMI JAMES L. KNIGHT CENTER.
20. APPROVE SECOND READING ORDINANCE: AMEND 9/28/98
CHAPTER 42/ARTICLE V OF CODE ENTITLED ORDINANCE
"POLICE/VEHICLE IMPOUNDMENT" -- PROVIDE 11700
DEFINITIONS - REPEAL PROVISIONS RELATING TO 73-75
SEIZURE AND IMPOUNDMENT OF VEHICLES FOR
DRIVING UNDER INFLUENCE - ADD NEW PROVISIONS
CONCERNING DISPOSITION OF UNCLAIMED
VEHICLES AND ILLEGAL DUMPING OF WASTE - ADD
NEW SECTION 42-120 - AMEND SECTIONS 42-121, 42-
122 AND 42-124.
21. APPROVE SECOND READING ORDINANCE: AMEND 9/28/98
CHAPTER 22, ARTICLE 1, SECTION 22-12 OF CODE ORDINANCE
ENTITLED "WASTE FEES," - EXEMPT RESIDENTIAL 11701
CONDOMINIUMS, AND RESIDENTIAL CONDOMINIUM 76
ASSOCIATIONS AND CO-OPERATIVES AND CO-
OPERATIVE ASSOCIATIONS FROM ASSESSMENT OF
SUPPLEMENTAL WASTE FEES.
22. APPROVE SECOND READING ORDINANCE: AMEND 9/28/98
SECTION 22-117(f) OF CODE - INCREASE ORDINANCE
ADMINISTRATIVE FEE TO TWENTY PERCENT, OF THE 11702
ACTUAL EXPENSES INCURRED BY CITY WHEN 77-80
CORRECTIVE ACTION IS TAKEN TO REMEDY
VIOLATIVE CONDITION ON LOT OR PARCEL OF LAND.
23. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM
18 (PROPOSED SECOND READING ORDINANCE
AMENDING CHAPTER 2, ARTICLE IV, DIVISION 12, OF
CODE ENTITLED "ADMINISTRATION, DEPARTMENTS,
MANAGEMENT AND BUDGET DEPARTMENT", BY
ENACTING AN ANTI -DEFICIENCY ORDINANCE) TO
MEETING OF OCTOBER 13, 1998. - FURTHER
COMMENTS CONCERNING NEED FOR POCKET ITEMS
TO HAVE WRITTEN BUDGET IMPACT ANALYSIS
PRIOR TO COMMISSION ACTION.
24. FIRST READING ORDINANCE: AMEND CHAPTER
2/ARTICLES X. AND X I., OF CODE OF CITY ENTITLED
"ADMINISTRATION/CODE ENFORCEMENT AND
BOARDS, COMMITTEES, COMMISSIONS - ALLOW
CITY COMMISSION TO CREATE ADDITIONAL CODE
ENFORCEMENT BOARDS.
25. APPROVE FIRST READING ORDINANCE: AMEND
CHAPTER 2 / ARTICLE XI / DIVISION 6. OF CODE
ENTITLED "ADMINISTRATION / BOARDS,
COMMITTEES, COMMISSIONS / MIAMI SPORTS AND
EXHIBITION AUTHORITY" -- (1) ALLOW FOR EACH
MEMBER OF CITY COMMISSION TO SERVE ON MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR
PERIOD OF ONE (1) YEAR, (2) DELETE REQUIREMENT
THAT APPOINTED COMMISSIONER BE PRESIDING
OFFICER OF CITY COMMISSION (3) DESIGNATE THAT
MEMBERS APPOINTED TO MSEA SHALL SERVE FOR
TERM OF NOT LESS THAN ONE YEAR.
26. DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED FIRST READING ORDINANCE: AMEND
CHAPTER 2/ARTICLE XI OF CODE, AS AMENDED
ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS, TO ESTABLISH THE
UNITY COUNCIL OF MIAMI ["TUCOM"]). TO MEETING
OF OCTOBER 13, 1998.
9/28/98
DISCUSSION
80-84
9/28/98
FIRST READING
ORDINANCE
84-85
9/28/98
FIRST READING
ORDINANCE
85-86
9/28/98
M 98-916
86-87
27.
DEFER CONSIDERATION OF AGENDA ITEM 23
9/28/98
(PROPOSED FIRST READING ORDINANCE AMENDING
M 98-917
SECTION 40-250 OF THE CODE OF THE CITY OF MIAMI,
87-88
FLORIDA, AS AMENDED, ENTITLED: "RIGHT OF
CERTAIN PERSONS TO REJECT MEMBERSHIP" AS IT
RELATES TO THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST ("GESE TRUST"); PROVIDING
THAT: (1) THE CITY ATTORNEY, ASSISTANT CITY
MANAGERS, AND ASSISTANTS TO THE CITY
MANAGER, SHALL PARTICIPATE IN A PUBLIC TRUST
FUND APPROVED BY THE CITY COMMISSION) TO
MEETING OF OCTOBER 13, 1998.
28.
AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR
9/28/98
FRANCHISE PROPOSALS FROM COMMERCIAL SOLID
R 98-918
WASTE HAULERS FOR SOLID WASTE COLLECTION
89-96
SERVICES - RETURN TO CITY COMMISSION WITH
PROPOSALS IN RANK ORDER - CULMINATE PROCESS
WITH FINAL DECISION BY COMMISSION WITHIN 60
DAYS - DIRECT MANAGER TO AVOID
REPETITIVENESS WHEN DRAFTING REQUEST FOR
PROPOSAL - FURTHER DIRECT MANAGER TO ALLOW
BUSINESS OWNERS TO SELECT COMMERCIAL
HAULERS - DIRECT CITY MANGER TO ENSURE THAT
COMMERCIAL SOLID WASTE PROVIDERS FURNISH
ADEQUATE SIZE DUMPSTERS - FURTHER DIRECT
CITY MANAGER TO DEVELOP PLAN TO ADDRESS
RESIDENTS' COMPLAINTS AND CODE ENFORCEMENT
ISSUES - DIRECT CITY MANAGER TO HAVE
VIOLATORS PAY FOR DUMPSTERS PLACED
ILLEGALLY ON PUBLIC RIGHT-OF-WAY.
29.
RECONSIDER PRIOR DEFERRAL -- APPROVE SECOND
9/28/98
READING ORDINANCE AMENDING CHAPTER 22 OF
M 918.1
CODE ENTITLED: "GARBAGE AND TRASH'- PROVIDE
ORDINANCE
NEW DEFINITIONS / NEW REGULATIONS - CREATE
11703
NEW ENFORCEMENT AND ADMINISTRATIVE FEES.
96-98
30.
FIRST READING ORDINANCE: AMEND CHAPTER
9/28/98
2/ARTICLE XI OF CODE OF CITY ENTITLED:
FIRST READING
"ADMINISTRATION/BOARDS, COMMITTEES,
ORDINANCE
COMMISSIONS TO ESTABLISH CULTURAL AND FINE
99-100
ARTS BOARD.
31. RATIFY / APPROVE / CONFIRM ACTION OF CITY
MANAGER - ACCEPT PROPOSAL FROM HYDROLOGIC
ASSOCIATES U.S.A., INC. -- FOR ENVIRONMENTAL
TESTING AND CONSULTANT SERVICES IN
CONNECTION WITH SALE TO WINN DIXIE STORES,
INC., AT 1145 NORTHWEST 11 TH STREET - AT TOTAL
COST OF $7,744.7 - ALLOCATE FROM ACCOUNT CODE
NO. 660201-240.
32. RATIFY / APPROVE CONFIRM CITY MANAGER'S
FINDING OF EMERGENCY - WAIVE REQUIREMENTS -
APPROVE EMERGENCY PURCHASE OF PUMPER
TRUCK FROM PIERCE MANUFACTURING, INC., FOR
FIRE -RESCUE - FOR TOTAL COST NOT TO EXCEED
$205,941 - ALLOCATE FUNDS FROM FIRE -RESCUE
ASSESSMENT FEE, ACCOUNT CODE NO.
313233.289401.6.840.
33. ACCEPT FINDINGS OF EVALUATION COMMITTEE
THAT PUBLIC HEALTH TRUST OF MIAMI-DADE
COUNTY DB/A JACKSON MEMORIAL HOSPITAL, IS
MOST QUALIFIED PROVIDER OF MEDICAL DIRECTION
SERVICES FOR EMERGENCY MEDICAL SERVICE (EMS)
- ALLOCATE FUNDS ($119,914) FROM FIRE -RESCUE,
ACCOUNT CODE NO. 001000.280501.260. - FURTHER
COMMENTING ON FEASIBILITY OF ADDING
SURCHARGE TO EVERY RESCUE SERVICE RUN.
34. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM
29 PROPOSED REJECTION OF PROTEST FIELD BY
MEDAPHIS, INC. - IN CONNECTION WITH REQUEST
FOR PROPOSALS NO. 96-97-110 FOR EMERGENCY
MEDICAL TRANSPORT BILLING AND/OR COLLECTION
SERVICES).
35. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(APPEAL OF ZONING BOARD DECISION WHICH
GRANTED MARGO ALVAREZ' APPEAL OF CLASS II
SPECIAL PERMIT FOR PROPERTY AT 3315 RICE
STREET - FOR NEW PARKING GARAGE) TO MEETING
OF OCTOBER 27, 1998.
36. PUBLIC HEARING - APPROVE SECOND READING
ORDINANCE DEFINING / DESIGNATING TERRITORIAL
LIMITS FOR CITY - FOR PURPOSE OF TAXATION /
FIXING MILLAGE / LEVYING TAXES IN CITY - FOR
FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEMBER 30, 1999 - BRIEFLY DISCUSS
RAMIFICATIONS OF RAISING TAXES VERSUS
INCREASING FEES.
9/28/98
R 98-919
100-101
9/28/98
R 98-920
101-102
9/28/98
R 98-921
103-107
9/28/98
DISCUSSION
107-115
9/28/98
M 98-922
115-116
9/28/98
ORDINANCE
11704
116-122
37. DISCUSS LACK OF PARKS IN LITTLE HAITI AREA - 9/28/98
AND PROPOSE FUNDING ($10 MILLION) TO ACQUIRE / DISCUSSION
BUILD ( DEVELOP PARK FACILITY IN LITTLE HAITI 122-132
AREA — DIRECT CITY ATTORNEY TO AMEND
PROPOSED RESOLUTION FOR FLORIDA GOVERNOR
TO CONSIDER ADDING THE (LITTLE HAITI) EDISON /
LITTLE RIVER PARK LAND INITIATIVE IN THE
GOVERNOR'S BUDGET - INTRODUCTION OF ROGER
BIAMBY: LITTLE HAITI NET ADMINISTRATOR — SEE
LABEL 39.
38. BRIEFLY DISCUSS — TABLE CONSIDERATION OF 9/28/98
AGENDA ITEM 48-B (PROPOSED SECOND READING DISCUSSION
ORDINANCE MAKING APPROPRIATIONS FOR FISCAL 133
YEAR ENDING SEPTEMBER 30, 1999). SEE LABEL 40.
39. APPROVE / CONFIRM DEFICIENCY FINDING OF PARK
9/28/98
ACRES IN LITTLE HAITI AREA — DIRECT CITY
R 98-923
MANAGER TO INCLUDE ITEM OF EDISON / LITTLE
134-136
HAITI) PARK LAND IN THE GOVERNOR'S BUDGET —
SEE LABEL 37.
40. (A) APPROVE SECOND READING ORDINANCE
9/28/98
MAKING APPROPRIATIONS FOR FISCAL YEAR
M 98-924
ENDING SEPTEMBER 30, 1999 INCLUDING CAPITAL
M 98-925
IMPROVEMENT APPROPRIATIONS — COMMENTS
ORDINANCE
CONCERNING POLICE OVERTIME COST AND NEED
11705
FOR MORE PUBLIC SERVICE AIDS. (SEE LABEL 38).
137-164
(B) DIRECT CITY MANAGER TO TRANSFER FUNDS IN
OMNI TAX INCREMENT TRUST FUND TO OMNI TAX
INCREMENT CAPITAL IMPROVEMENT FUND —
FURTHER DIRECTING TO USE SAID FUNDS FOR
APPROVED CAPITAL PROJECTS ONLY WITHIN TAX
INCREMENT DISTRICT — DIRECT CITY MANAGER TO
SEND MONTHLY FINANCIAL REPORTS PREPARED BY
FINANCE TO CITY COMMISSIONERS. COMMENTS
REGARDING COMMITTING REVENUES OVER INITIAL
$600,000 REVENUE PROJECTION OF VEHICLE
IMPOUNDMENT FEES TO DO LOT CLEARING.
(C) DIRECT CITY MANAGER TO RECONCILE AND
CLOSE OUT ALL GRANTS FUNDED BY UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
AFFAIRS — FURTHER REQUESTING QUARTERLY
REPORT OF SUCH CLOSING AS PROVISO OF OFFICE
OF BUDGET AND MANAGEMENT ANALYSIS' BUDGET.
41. DISCUSSION CONCERNING PROPOSED RESOLUTION 9/28/98
CONCERNING FUNDS FROM DEPARTMENT OF OFF- DISCUSSION
STREET PARKING FOR OVERTOWN AREA (See labels 14, 164-166
43, 48, and 66).
42. DOWNTOWN DEVELOPMENT AUTHORITY BUDGET
9/28/98
FOR FISCAL YEAR 1998-1999 - MILLAGE, TERRITORIAL
ORDINANCE
LIMITS -- MODIFY APPROPRIATIONS (See label 45).
11706
166-168
43. DISCUSSION: COMMISSIONER TEELE DEMANDS
9/28/98
FUNDING FOR OVERTOWN, THE POOREST AREA OF
DISCUSSION
THE CITY; OBJECTS TO FUNDS BEING EARMARKED
168-177
TO LOT CLEARING INSTEAD OF OVERTOWN AS
STATED IN MEMO FROM MANAGER AND ALSO
OBJECTS TO CITY TAKING ADVANTAGE OF
OVERTOWN. (SEE LABELS 14,41, 48 AND 66).
44. DISCUSSION: PROPOSED ORDINANCE ESTABLISHING
9/28/98
SPECIAL FUND FOR NON -BUDGETED REVENUES —
DISCUSSION
PROPOSE EARMARKING FINDS FOR CRA/OVERTOWN
177-181
(See label 47).
45. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 9/28/98
APPROPRIATIONS FOR FISCAL YEAR 1998-1999 — ORDINANCE
BUDGET (See label 42 for modification). 11707
181-182
46. (A) APPROVE MIAMI SPORTS AND EXHIBITION 9/28/98
AUTHORITY PROPOSED ADMINISTRATIVE BUDGET R 98-926
($690,000) FOR FISCAL YEAR 1998-1999. 183-188
(B) DIRECT CITY MANAGER TO PROVIDE REPORT
DETAILING MARKETING STRATEGY OF MIAMI
SPORTS AND EXHIBITION AUTHORITY — FURTHER
REQUESTING TAPES FROM MIAMI SPORTS AND
EXHIBITION AUTHORITY LAST MEETING —
COMMENTS CONCERNING REQUEST FROM
DOMINICAN REPUBLIC COMMITTEE TO USE ORANGE
BOWL FOR FUND-RAISING EVENT.
47. (A) FIRST READING ORDINANCE: ESTABLISH 9/28/98
SPECIAL REVENUE NON -BUDGETED REVENUES — FIRST READING
AUTHORIZE MANAGER TO OPEN BANK ACCOUNT — ORDINANCE
UNANTICIPATED REVENUES NOT TO BE CO -MINGLED 189-196
WITH OTHER CITY FUNDS. (See label 44).
(B) DISCUSSION: FUNDS FROM DEPARTMENT OF OFF-
STREET PARKING TO BE EARMARKED FOR
CRA/OVERTOWN.
48. FUND CONTINUATION OF THE COMMUNITY 9/28/98
REDEVELOPMENT AGENCY (CRA) BUDGET M 98-927
196-201
49. DISCUSS — TABLE CONSIDERATION OF AGENDA ITEM 9/28/98
29 (APPROVE REJECTION OF MEDAPHIS, INC. DISCUSSION
PROTECTS CONCERNING REQUEST FOR PROPOSALS 201-206
FOR EMERGENCY MEDICAL TRANSPORT BILLING
AND/OR COLLECTION SERVICES — SEE LABEL 34.
50. DEFER CONSIDERATION OF FOLLOWING AGENDA 9/28/98
ITEMS TO NEXT COMMISSION AGENDA: ITEM 42 M 98-928
(POLICE/FIRE REVIEW ON STRATEGIC PLAN — ITEM 43 206-208
(DISCUSS SLOPPY JOE'S NOISE) — ITEM 44 (DISCUSS
STREET CODESIGNATION: AIDA RAMOS) - ITEM 46
(DISCUSS REVIEW OF AD VALOREM TAXATION) —
ITEM 47a (APPOINTMENTS TO AFFORDABLE
HOUSING) — ITEM 47 (APPOINTMENTS TO AUDIT
ADVISORY) -- ITEM 47B (APPOINTMENTS TO CODE
ENFORCEMENT) — 47C (APPOINTMENTS TO PROPERTY
AND ASSET REVIEW).
51. AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR 9/28/98
PROPOSALS — FOR PROVISION OF DEBT COLLECTION R 98-929
SERVICES — FOR FINANCE. 208-209
52. AUTHORIZE ACQUISITION OF MICROCOMPUTERS 9/28/98
NETWORK PRODUCTS, SOFTWARE AND SERVICES R 98-930
FROM VARIOUS VENDORS —FOR CITY DEPARTMENTS 209-210
AND GENERAL SERVICES ADMINISTRATION —
ALLOCATE $125,000 FROM ACCOUNT
311604.469401.6.850.
53. AUTHORIZE CITY MANAGER TO EXECUTE A 9/28/98
PROFESSIONAL SERVICE AGREEMENT WITH MODIS — R 98-931
FOR COMPUTER PROGRAMMING SERVICES FOR 210-211
INFORMATION TECHNOLOGY — ALLOCATE $50,000
FROM ACCOUNT 001000.460101.6.270.
54. ACCEPT REPORT CONCERNING CITY'S MIGRATION 9/28/98
TO UNYSIS CLEARPATH SYSTEM. M 98-932
211
55. AUTHORIZE REALLOCATION OF COMMUNITY 9/28/98
DEVELOPMENT BLOCK GRANT FUNDS ($300,000) TO R 98-933
GREATER MIAMI NEIGHBORHOOD ASSOCIATION AS 212-216
TRUSTEE FOR BASIC TRAINING ACADEMY, POWER,
FAITH & DELIVERANCE MINISTRIES — FOR
ACQUISITION OF PROPERTY AT 420 NORTHWEST 10
STREET — FOR USE BY BASIC TRAINING ACADEMY —
FOR REHABILITATION / TEMPORARY HOUSING OF
INDIGENT YOUTHS AND ADULTS.
56.
APPROVE SETTLEMENT: KATHLEEN/ROBER NELSON
9/28/98
AND MARQUITA RUTHERFORD FOR $75,000 - CASE 96-
R 98-934
17775 (CA-8) 98-11461; (CA-1) 98-11462; (CA-13) -
216-217
ALLOCATE FUNDS FROM SELF INSURANCE AND
INSURANCE TRUST FUND.
57.
APPROVE ATTORNEY'S FEES FOR DONNA BALLMAN /
9/28/98
STEPHEN CODY / NAT1 ANIEL WILCOX PURSUANT TO
R 98-935
CASE 96-3327-CIV-KING-PULSE PEOPLE UNITED TO
217-221
LEAD STRUGGLE FOR EQUALITY -- ALLOCATE
$111,388.75 PLUS COSTS FOR $744.15 FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
58.
AUTHORIZE ENGAGING DAVIS WEBER & EDWARDS
9/28/98
LAW FIRM - FOR CITY'S REPRESENTATION IN CASE
R 98-936
OF BEDMINSTER SEACOR SERVICES (CASE 98-20458
221-226
CA 32) - ALLOCATE $25,000 FROM SELF-INSURANCE
AND INSURANCE TRUST FUND - DIRECT CITY
MANAGER TO HAVE EXPERT BRIEF CITY
COMMISSION IN CONNECTION WITH BEDMINSTER
LAWSUIT.
59.
APPROVE NOTICE OF PROPOSED CHANGE (NOPC) TO
9/28/98
APPROVED BALL POINT DEVELOPMENT OF
R 98-937
REGIONAL IMPACT (DRI) - APPLICANT: PLANNING
226-227
AND DEVELOPMENT.
60.
RECONSIDER 98-886 - RATIFY / APPROVE / CONFIRM
9/28/98
SOLE SOURCE FINDING - APPROVE PURCHASE OF
M 98-938
MOTOROLA XTS 3000 DIGITAL PORTABLE RADIOS -
R 98-938.1
FOR POLICE - ALLOCATE $195,439.50 FROM LAW
227-229
ENFORCEMENT BLOCK GRANT ACCOUNT
001000.290307.6.840 AND FROM CAPITAL
IMPROVEMENT PROJECT 312028. (SEE LABEL 4).
61. CONTINUE CONSIDERATION OF FOLLOWING
9/28/98
PLANNING AND ZONING AGENDA ITEMS: PZ-3
M 98-939
(PROPOSED NEIGHBORHOOD PLAN CHANGE AT 1975
229-230
N.W. 12 AVENUE - PROPERTY MAINTENANCE SITE) /
PZ-4 (PROPOSED ZONING CHANGE AT 1975 N.W. 12
AVENUE — PROPERTY MAINTENANCE SITE) / PZ-6
(PROPOSED MODIFICATION OF MINIMUM YARD
REQUIREMENT IN ZONING CODE) / PZ-7 (PROPOSED
PERMIT OF GENERAL OFFICE USE IN EXISTING
OFFICE STRUCTURES WITHIN SD-4 ZONING DISTRICT)
/ PZ-8 (PROPOSED COCONUT GROVE PLANNING
STUDY) TO MEETING OF OCTOBER 27, 1998 —
FURTHER CONTINUE AGENDA ITEM PZ-5 (PROPOSED
AMENDMENT TO ZONING CODE TO INCLUDE
ADJACENT G/I DISTRICT BOUND BY MAIN, CHARLES
AVENUE, WILLIAM AVENUE IN COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT) TO MEETING OF
OCTOBER 13, 1998. (SEE LABEL 11).
62. DISCUSS — CONTINUE CONSIDERATION OF AGENDA
9/28/98
ITEM 29 (REJECT PROTEST FILED BY MEDAPHIS INC.,
M 98-940
FOR EMERGENCY MEDICAL TRANSPORT
231-236
BILLING/COLLECTION SERVICES) / AGENDA ITEM 29a
(REJECT PROTEST FILED BY ADVANCED DATA
PROCESSING, INC., FOR EMERGENCY MEDICAL
TRANSPORT BILLING/COLLECTION SERVICES) /
AGENDA ITEM 29b (APPROVAL OF FINDINGS OF
SELECTION COMMITTEE FOR EMERGENCY MEDICAL
TRANSPORT AND BILLING/COLLECTION SERVICES)
TO MEETING OF OCTOBER 13, 1998 — DIRECT CITY
MANAGER TO APPRISE COMMISSIONER REGALADO
OF LEGAL IMPLICATIONS IF BID PROTESTS ARE
REJECTED AND STAFF RECOMMENDATION IS
APPROVED.
63. COMMISSIONER GORT RECOGNIZES PRESENCE OF
9/28/98
MIAMI-DADE COUNTY COMMISSIONER BRUNO
DISCUSSION
BARREIRO.
236-237
64. ACCEPT DONATION FROM COURY INVESTMENTS OF 9/28/98
SOUND WALL TO PROTECT PROPERTIES NORTH OF R 98-941
2501 CORAL WAY FROM NOISE AND TO PROVIDE 237-238
PRIVACY.
65. APPROVE / ACCEPT COVENANT FROM LARRY PERL — 9/28/98
FOR CONSTRUCTING OFF -SITE IMPROVEMENTS R 98-942
WITHIN PUBLIC -RIGHT -OF WAY ADJACENT TO PERL 238-240
SUBDIVISION - FURTHER AUTHORIZE MANAGER TO
EXECUTE UNIVERSAL NATIONAL BANK $9,000.
LETTER OF CREDIT FOR PERFORMANCE OF TERMS.
66. DISCUSS SEPTEMBER 22, 1998 MEMORANDUM 9/28/98
INDICATING NEED TO RECONFIGURE COMMUNITY DISCUSSION
REDEVELOPMENT AGENCY BUDGET WITH 240-246
CARRYOVER FUNDS -- SEE LABELS 14, 41, 43, 48.
67. APPOINT HENRY GIVENS TO COCONUT GROVE 9/28/98
PARKING ADVISORY COMMITTEE. R 98-943
246-247
68. APPOINT LUIS COSTA TO OCCUPATIONAL LICENSE 9/28/98
EQUITY STUDY COMMISSION. R 98-944
247-248
69. RECONSIDER 98-928 (DEFER APPOINTMENTS TO CODE
9/28/98
ENFORCEMENT) - APPOINT JAMES KEANE, JR. TO
M 98-945
CODE ENFORCEMENT BOARD.
R 98-945.1
248-249
70. (A) COMMENTS CONCERNING NEED TO TELEVISE
9/28/98
THROUGH CABLE NET 9 NAMES OF THOSE ARRESTED
DISCUSSION
FOR PROSTITUTION / ILLEGAL DUMPING / DRUGS.
249
(B) DIRECT CITY MANAGER TO TELEVISE CITY
COMMISSION AGENDA ON CABLE NET 9 BEFORE
NEXT COMMISSION MEETING.
71. (A) COMMENTS FROM MAYOR CAROLLO
9/28/98
CONCERNING FUTURE GROUNDBREAKING OF NEW
DISCUSSION
HOTEL PROJECT.
250-251
(B) COMMENTS CONCERNING OFFICIAL OPENING OF
FIRE HOUSE IV.
MINUTES OF PLANNING & ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th 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 1:03 p.m., by Vice Chairman/Commissioner J. L. Plummer,
Jr., (hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission
found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort (District 1)
Commissioner Tomas Regalado (District 4)
Commissioner Joe Sanchez (District 3)
Commissioner J. L. Plummer, Jr. (District 2)
Donald H. Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Arthur E. Teele, Jr. (District 5)
Vice Chairman Plummer: It is? All right, Dena what you're trying to... We have canceled a part of the
agenda, and I am going to ask her to make the statement on the Cable 9, so possibly some people will not
be inconvenienced. It's in reference to the Coconut Grove study which will be a lengthy item. Dena, for
the record, on Cable 9, if you would please, announce the cancellation of that item that you spoke about.
NOTE FOR THE RECORD: PZ-8 WAS DEFERRED TO THE CITY COMMISSION
OF OCTOBER 27, 1998, AND ITEM 39 WAS WITHDRAWN.
Ms. Dena Bianchino (Interim Assistant City Manager): Yes, consideration of the Coconut Grove
planning study by the City Commission has been deferred until the October 29... 27th, which will be
heard during the regular Planning and Zoning agenda. Unfortunately, during... due to hurricane
September 28, 1998
preparations a significant enough time was not available to the Commission to review this study, so it has
been rescheduled.
Vice Chairman Plummer: Dena, I am told that the audio was on, but the video wasn't, so at the beginning
of the meeting, we'll do it again. Mr. Clerk, would you please notify the rest of the Commission that it is
one minute until starting time. What time is it?
Mr. Walter J. Foeman (City Clerk): It's 1:01 P.M.
Vice Chairman Plummer: It's show time, I heard that. If we can get one more Commissioner, I am going
to start. I am told by the Manager that regular item 39, what is 39?
Mr. Warshaw: A S.W.A.T. (Special Weapons Assault Team) van.
Unidentified Speaker: A S.W.A.T. truck.
Vice Chairman Plummer: A S.W.A.T truck.
Mr. Warshaw: We need to pull that.
Vice Chairman Plummer: We are going to pull that and rebid it. So, would you mark item 39 as pulled
by the Manager. Item 40 has already been pulled. All right, the Mayor will be here to do a proclamation
presentation. Where did Mr. Gort go to? For the purpose of anyone who wishes to speak on budget,
budget will come before this Commission sometime after 5:05 p.m. Mr. Gort, are you ready?
Commissioner Gort: I am always ready. Ladies and gentlemen would you please stand. I'll ask Mr.
Regalado to give the prayer and Mr. Sanchez to give the pledge of allegiance.
An invocation was delivered by Commissioner Regalado, after which Commissioner Sanchez
then led those present in a pledge of allegiance to the flag.
1. DIRECT CITY MANAGER TO PROVIDE ASSISTANCE TO MUNICIPALITIES AFFECTED BY
HURRICANE GEORGES - SEE LABELS 3 AND 8.
Vice Chairman Plummer: Mr. Manager, if I may? I think that... I am very happy that my colleague
spoke to the man upstairs about us, how fortunate we were. But, I think we need to recall of how much
help this City received during Andrew. And I don't know what we could do to help people in Key West
or along the Keys, but, I think we need to find if there is anything that this City can do to help those who
helped us. And, I would leave it up to you sir, that whether it's for canned goods of Dominican Republic
or more so for the Key West people, but anything whether we wanted to open up a fire station as a
receiving kind of a scenario, I just think we have got to remember to those who helped us that we need to
extend the same helping hand, OK.
2 September 28, 1998
Vice Chairman Plummer: The Mayor is going to be coming along pretty quickly. On the Consent
Agenda, I would ask first of what items we want to be pulled. Mr. Regalado, do you wish to have any
items pulled on Consent?
Commissioner Regalado: No, but I would follow your line and just mention some locations. Miami -
Lakes, North Miami, Opa Locka, Clearwater, Naples, Georgia, Seminole, New York, Tampa and
Hollywood. These are places of business where we are approving in the Consent Agenda the...
Vice Chairman Plummer: I am not going to the Consent Agenda until the Mayor arrives.
Commissioner Regalado: Oh, OK.
Vice Chairman Plummer: I am asking for items that you would want pulled from the Consent Agenda.
Commissioner Regalado: No, I don't have any items other than the fact that I...
Vice Chairman Plummer: All right.
Commissioner Regalado: ... wanted to mention that we don't have any local vendors.
Vice Chairman Plummer: Trooper Joe. Items pulled from the agenda... the Consent.
Commissioner Sanchez: None.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I have questions on CA-9, CA-16 and CA-22.
Vice Chairman Plummer: Now, either we are going to pull them or we are going to...
Commissioner Gort: Pull them then.
Vice Chairman Plummer: Pull... pull CA what now?
Commissioner Gort: CA-9, 16, 22.
Vice Chairman Plummer: Items are pulled, OK, for the next agenda, Mr. Manager. I am pulling CA-7 of
consent and I will be pulling some more from the regular agenda. OK, let's hold the consent... the rest of
the consent for Commissioner Teele and the Mayor if they wish to have any input.
3 September 28, 1998
3. COMMISSIONER SANCHEZ'COMMENDS CITY EMPLOYEES FOR WORD DURING
HURRICANE GEORGES. - SEE LABELS I AND'8.
Vice Chairman Plummer: Let's now go, and I am going to be asking...
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Along the same line that you spoke earlier today, I would like to take this time
to commend the employees of the City of Miami which got together and worked the OCC (Operations
Command Center), and put a hard long hours to make sure that if we were to be affected by this hurricane
that the City would restore and go back to normal as quickly as possible. And I know that I had the
opportunity to work with them and I commend each and everyone of them for being there, each
department head acted in the most professional manner and I commend each and everyone of you. It
makes me proud to sit up here and be associated with you.
Vice Chairman Plummer: Thank you, sir.
4. DISCUSS/DEFER CONSIDERATION OF AGENDA ITEM 2 (PROPOSED APPROVAL OF
SOLE SOURCE FINDING FOR PURCHASE OF MOTOROLA XTS 3000 DIGITAL PORTABLE
RADIOS FROM MOTOROLA, INC.) TO COMMISSION MEETING OF OCTOBER,13, 1998 -
SEE LABEL 60.
Vice Chairman Plummer: I am going to go to the regular agenda. The first item is item two. We can
discuss it, but I'll ask at the very end that I want the matter deferred for more information. So, if there is
any discussion, we'll have discussion on item two.
Commissioner Gort: If you are going to defer, why the discussion?
Vice Chairman Plummer: All right, then I just wanted everybody to have the opportunity. I'll move at
this time that item two be deferred for more information until the October...
Commissioner Gort: What is this, Motorola?
Vice Chairman Plummer: Yes. The October 13th meeting.
Commissioner Gort: Motorola?
Vice Chairman Plummer: Yes.
Commissioner Regalado: That's the Motorola thing, right?
Commissioner Gort: Yes.
Vice Chairman Plummer: Yes, I move that it be deferred until then.
Commissioner Gort: Second.
Vice Chairman Plummer: Is there a second?
4 September 28, 1998
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded. All in favor say "aye."
The Commission "Collectively": Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION 98-886
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 2
(PROPOSED RESOLUTION TO RATIFY, APPROVE AND CONFIRM THE
CITY MANAGER'S FINDING OF SOLE SOURCE, WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVE PURCHASE OF MOTOROLA XTS 3000 DIGITAL
PORTABLE RADIOS WITH ACCESSORIES FROM MOTOROLA, INC. AT
A TOTAL COST NOT TO EXCEED $195,439.50)
(Note for the Record: this item was later passed as R-98-938.1)
Upon being seconded by Commissioner Gort, the motion passed by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: Item three. The City Manager, of a sole source for firearms training systems.
Anyone wishing to speak on item three. If not, is there a motion?
Commissioner Sanchez: Move.
Commissioner Gort: I have a question.
Vice Chairman Plummer: Question by Mr. Gort.
Commissioner Gort: Is this the only system that we can use, or is there any competitors or a different
system that can be utilized?
September 28, 1998
Police Major Longueira: Commissioner, we currently have the first version.
Commissioner Gort: This is for the firefighters.
Vice Chairman Plummer: No.
Police Major Longueira: No, this is a fire training...
Vice Chairman Plummer: Fire.
Police Major Longueira: ... simulator.
Commissioner Gort: Excuse me. Oh, firearms, I am sorry, yes.
Police Major Longueira: Yes.
Commissioner Gort: The firearms training.
Police Major Longueira: Yes, we have the first generation and this is going to allow us to upgrade to the
third generation of this type of system. It's up at the training simulator at 23rd Street and 23rd Avenue
and it takes the police officer through five different scenarios and when to us or not use his weapon.
Commissioner Gort: Right. My question is, since we have one and two, number three will be much a lot
cheaper than if we try to bring someone, or less expensive if we try to bring some other method in?
Unidentified Speaker: Yes, this is an upgrade.
Police Major Longueira: Yes, this is an upgrade to the system. It's not a total new system.
Commissioner Gort OK, so it's not a total?
Police Major Longueira: Right.
Commissioner Gort: OK, thank you.
Vice Chairman Plummer: All right, item three, is there any further discussion? Hearing none, is there a
motion?
Commissioner Gort: Move it.
Commissioner Regalado: Second.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption
6 September 28, 1998
RESOLUTION NO.98-887
THE RESOLUTION, BY A (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVING THE UPGRADE OF THE FIREARMS TRAINING
SYSTEM II TO A FIREARMS TRAINING SYSTEM III FROM FIREARMS
TRAINING, SYSTEMS., THE SOLE SOURCE PROVIDER FOR THIS
ACQUISITION, AT A TOTAL COST NOT TO EXCEED $30,600.00, FOR
THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR
FROM THE DEPARTMENT OF POLICE ENTREPRENEURIAL FUND,
ACCOUNT CODE NO. 126001.290402.6.840.
(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 Joe Sanchez
Commissioner Tomas Regalado
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
6. CONSENT AGENDA - SEE LABEL 2.
Vice Chairman Plummer: The Mayor is now present. We'll go back to the Consent Agenda with the
items that have been - Joe, I need that. Joe, I need the paper back. - The items that have been pulled
from the Consent Agenda are items seven, nine, sixteen and twenty-two. Other than that, is there any
other item to be pulled from the Consent Agenda. Hearing none, is there anybody of the public who
wishes to speak on any of the other Consent Agenda besides the perennial. Mr. Perennial, sir.
Mr. Manuel Gonzalez-Goenaga: Good afternoon, I would love to speak on item one, seven, eight,
sixteen, nineteen, twenty, twenty-one, and twenty-two.
Vice Chairman Plummer: You have two minutes to speak on all of them.
Mr. Gonzalez-Goenaga: Of course. Based on that, it's totally impossible, physically and verbally
impossible to speak on so many issues for two minutes. So, let me tell you then that most of them are
professional services agreement with the Police Department. If they follow what I did say last September
the 21st on the public hearings where I was able to speak for twenty minutes, we would not need these
special... how they are called professional services agreement. And, let me tell you, I am sure you did
not, you are not interested in hearing what I had to speak on Monday, September the 21 st before the
7 September 28, 1998
CALEA (Commission of Accreditation of Law Enforcement Agencies), the accreditation of the Police
Department. And, I urge everybody to everybody to watch and so we will be able to see it on TV, and I
would love to have a copy. I already asked, and hopefully it will be provided. I am willing to pay for it,
in order to pay the stay of the CALEA people here, in town. Thank you.
Vice Chairman Plummer: Thank you, sir.
6.1 ACCEPT BID: MINOLTA BUSINESS SYSTEMS • FOR LEASE OF TWO MICROFILM
READER/PRINTERS FOR POLICE ALLOCATE $14,892.56 FROM ACCOUNT CODE'
991000.290201.6'i.610.
RESOLUTION NO.98-888
A RESOLUTION, ACCEPTING THE BID OF MINOLTA BUSINESS
SYSTEMS FOR THE LEASE OF TWO MICROFILM READER/PRINTERS,
FOR THE DEPARTMENT OF POLICE FOR A THIRTY-SIX (36) MONTH
PERIOD, AT A TOTAL COST NOT TO EXCEED $14,892.56, WITH THE
OPTION TO PURCHASE SAID EQUIPMENT AT THE END OF THE
LEASE PERIOD FOR $1.00,; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 991000.290201.6.610.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.2 ACCEPT BID: VALROSE ENTERPRISES, INC„ D/B/A AWNINGSBY VALROSE — FOR
FURNISHING AND INSTALLATION OF CANOPIES AT DINNER KEY MARINA —0 FOR PUBLIC
FACILITIES — AT TOTAL COST NOT TO EXCEED $7,650 - ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO.311016, ACCOUNT CODE NO.359301.840!
RESOLUTION NO.98-889
A RESOLUTION, ACCEPTING THE BID OF VALROSE ENTERPRISES,
INC., D/B/A AWNINGS BY VALROSE FOR THE FURNISHING AND
INSTALLATION OF CANOPIES AT THE DINNER KEY MARINA, FOR
THE DEPARTMENT OF PUBLIC FACILITIES, AT A TOTAL COST NOT
TO EXCEED $7,650.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROJECT NO. 311016, ACCOUNT CODE NO.
359301.840.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
8 September 28, 1998
6.3 ACCEPT BID: RONALD M. GIBBONS - FOR FURNISHING AND INSTALLATION OF STEEL
PICKET FENCE AT ALLAPATTAH COMSTOCK PARK — FOR PARKSAND RECREATION -
ALLOCATE $13,512.85 FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623
RESOLUTION 98-890
A RESOLUTION, ACCEPTING THE BID OF RONALD M. GIBBONS, FOR
THE FURNISHING AND INSTALLATION OF STEEL PICKET FENCE AT
ALLAPATTAH COMSTOCK PARK, FOR THE DEPARTMENT OF PARKS
AND RECREATION, IN THE AMOUNT OF $13,512.85; ALLOCATING
FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND
PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT
ORDINANCE NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998 FOR
CAPITAL PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.4 ACCEPT BID: STATIONARY POWER SUPPLY, INC., -- FOR REMOVAL; DISPOSAL AND
REPLACEMENT OF 'UPS BATTERY SYSTEM CITYWIDE, -- FOR GENERAL SERVICES
ADMINISTRATION - AT TOTAL COST NOT TO EXCEED $127,384 - ALLOCATE FUNDS FROM
CAPITAL' IMPROVEMENT PROGRAM, "CITY-WIDE FACILITIES RENOVATIONS AND
RESTORATIONS", PROJECT NO. 311016.'
RESOLUTION 98-891
A RESOLUTION, ACCEPTING THE BID OF STATIONARY POWER
SUPPLY, INC., FOR THE REMOVAL, DISPOSAL AND REPLACEMENT
OF UPS BATTERY SYSTEMS CITYWIDE, FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, AT A TOTAL COST NOT TO
EXCEED $127,384.00; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, "CITY-WIDE FACILITIES
RENOVATIONS AND RESTORATIONS", PROJECT NO.311016.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
9 September 28, 1998
6.5 ACCEPT BID: ELITE FIRE AND SAFETY 'EQUIPMENT, INC., -- FOR PROCUREMENT OF
FIRE FIGHTING HOSES, -- ANNUAL COST NOT TO EXCEED $9,776.25 FOR FIRE -RESCUE
ALLOCATE FUNDS FROM ACCOUNT CODE NO.001000.280601.6.709.
RESOLUTION NO.98-892
A RESOLUTION, ACCEPTING THE BID OF ELITE FIRE AND SAFETY
EQUIPMENT, INC., FOR THE PROCUREMENT OF FIRE FIGHTING
HOSES, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR
ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL COST NOT TO
EXCEED $9,776.25, FOR THE DEPARTMENT OF FIRE -RESCUE;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280601.6.709.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.6 ACCEPT BID: BENNETT FIRE PRODUCTS COMPANY, INC.' -- FOR FURNISHING OF FIRE
FIGHTERS' PROTECTIVE CLOTHING AT TOTAL 'COST NOT TO EXCEED $25,590 — FOR
FIRE -RESCUE ALLOCATE FUNDS FROM ACCOUNT CODE NO.001000.280601.6.075.
RESOLUTION 98-893
A RESOLUTION, ACCEPTING THE BID OF BENNETT FIRE PRODUCTS
COMPANY, INC., FOR THE FURNISHING OF FIRE FIGHTERS'
PROTECTIVE CLOTHING, AT A TOTAL COST NOT TO EXCEED
$25,590.00, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 00 1000.280601.6.075.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
10 September 28, 1998
6.7 ACCEPT BID: CONTINENTAL ELECTRIC & STEEL CORP., -- FOR FURNISHING OF
LIGHTING FIXTURES - FOR POLICE PARKING GARAGE -'AT TOTAL COST NOT TO EXCEED
$41'',267.20 - ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM, ACCOUNT
CODE NO.312015.299401.6.840.
RESOLUTION 98-894
A RESOLUTION, ACCEPTING THE BID OF CONTINENTAL ELECTRIC &
STEEL CORP., FOR THE FURNISHING OF LIGHTING FIXTURES FOR
THE DEPARTMENT OF POLICE PARKING GARAGE, AT A TOTAL COST
NOT TO EXCEED $41,267.20; ALLOCATING FUNDS THEREFOR FROM
THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.
312015.299401.6.840.
(Here follows body of resolution, omitted here ad on file in the Office of the City Clerk.)
6.8ACCEPT BID: SAFETY EQUIPMENT COMPANY FOR CONFINED SPACE RESCUE
COMMUNICATION KIT FOR FIRE•RESCUE.
RESOLUTION NO.98-895
A RESOLUTION, ACCEPTING THE BID OF SAFETY EQUIPMENT
COMPANY FOR THE PROVISION OF A CONFINED SPACE RESCUE
COMMUNICATIONS KIT FOR THE DEPARTMENT OF FIRE -RESCUE, AT
A TOTAL COST NOT TO EXCEED $4,940.00; ALLOCATING FUNDS
THEREFOR FROM THE URBAN SEARCH AND RESCUE GRANT,
ACCOUNT CODE NO. 313826.802801.6.840.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
11 September 28, 1998
6.9 ACCEPT BIDS: LASON SYSTEMS, INC. AND ADVANCED IMAGING SOLUTIONS, INC. -
FOR FURNISHING OF MICROFILMING SERVICES - AT TOTAL ANNUAL AMOUNT NOT TO
EXCEED $25,000 — FOR BUILDING AND ZONING — ALLOCATE FUNDS FROM ACCOUNT
CODE NOS. 421001.560302.340 ($8,280) AND 421001.560402289 ($16,720).
RESOLUTION NO. 98-896
A RESOLUTION, ACCEPTING THE BIDS OF LASON SYSTEMS, INC.,
AND ADVANCED IMAGING SOLUTIONS, INC., FOR THE FURNISHING
OF MICROFILMING SERVICES, ON A CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS, AT A TOTAL ANNUAL AMOUNT NOT TO
EXCEED $25,000.00, FOR THE DEPARTMENT OF BUILDING & ZONING;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS.
421001.560302.340 ($8,280) AND 421001.560402.289 ($16,720).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.10 AUTHORIZE FUNDING FOR THE COOL SCHOOL PROGRAM — IN AMOUNT NOT TO
EXCEED $42,000 — ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND, PROJECT
NUMBERS 6900001, 690002, OR 690003.
RESOLUTION NO.98-897
A RESOLUTION, AUTHORIZING FUNDING FOR THE COOL SCHOOL
PROGRAM, IN AN AMOUNT NOT TO EXCEED $42,000.00, AND
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NUMBERS 690001, 690002, OR 690003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE
AS COMPLYING WITH FLORIDA STATE STATUTE, SECTION 932.7055,
AS AMENDED, AND THE U.S. DEPARTMENT OF THE TREASURY,
"GUIDE TO EQUITABLE SHARING."
(Here follows body of the resolution, omitted here and on file in the Office of the City Clerk.)
12 September 28, 1998
RESOLUTION NO.98-898
A RESOLUTION, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE/ LITTLE HAVANA DEVELOPMENT AUTHORITY, INC., A
FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE MANAGEMENT
AND OPERATION OF "MAXIMO GOMEZ PARK", ALSO KNOWN AS
"DOMINO PARK", IN AN AMOUNT NOT TO EXCEED $59,075.00;
ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1998-1999
BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION, AID TO
PRIVATE ORGANIZATIONS ACCOUNT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.12 ACCEPT GRANT FOR $86,305, FROM U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES (TITLE XX) THROUGH MIAMI-DADE COUNTY TO PROVIDE CHILD DAYCARE
SERVICES FOR LOW INCOME FAMILIES.
RESOLUTION NO.98-899
A RESOLUTION, WITH ATTACHMENT, ACCEPTING A GRANT, IN THE
TOTAL ESTIMATED AMOUNT OF $86,305.00, FROM THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES (TITLE XX)
THROUGH MIAMI-DADE COUNTY TO PROVIDE CHILD DAY CARE
SERVICES TO CHILDREN FROM LOW INCOME FAMILIES IN THE CITY
OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY TO ACCEPT SAID GRANT AND
TO IMPLEMENT THE CHILD DAY CARE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
13 September 28, 1998
RESOLUTION 98-900
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE BELAFONTE TACOLCY CENTER, INC., FOR THE
CONTINUED IMPLEMENTATION OF A SPORTS DEVELOPMENT
PROGRAM FOR THE LIBERTY CITY AREA AND SURROUNDING
COMMUNITIES, INC. AN AMOUNT NOT TO EXCEED $78,795.00;
ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1998-1999
BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION, AID TO
PRIVATE ORGANIZATION ACCOUNT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION NO.98-901
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH GROVITES UNITED
TO SURVIVE, INC. ("GUTS"), FOR USE BY THE CITY OF THE
PROPERTY, WITH IMPROVEMENTS, INCLUDING A BUILDING
CONTAINING APPROXIMATELY 3,197 SQUARE FEET, LOCATED AT
3666 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL
FACILITY FOR A TERM OF ONE (1) YEAR, COMMENCING OCTOBER 1,
1998 AND TERMINATING SEPTEMBER 30, 1999, FOR A MONTHLY FEE
OF $887.29, WITH THE OPTION TO EXTEND SAID LEASE FOR THREE
(3) SUCCESSIVE ONE (1) YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NOS. 690001, 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA
STATUTE, SECTION 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
14 September 28, 1998
6.15 AUTHORIZE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENT WITH
VIK.O DRUG STORE INC. — FOR USE OF SPACE IN OVERTOWN SHOPPING CENTER, AT 1490
NW 3RD AVENUE, SPACE 108, -- FOR PROVIDING PHARMACEUTICALCARE AND SERVICES
TO OVERTOWN COMMUNITY - AT ANNUAL FEE OF $9,030.
RESOLUTION NO.98-902
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
VIKO DRUG STORE, INC., A FLORIDA CORPORATION, FOR THE USE
ON A MONTH -TO -MONTH BASIS OF APPROXIMATELY 1,505 SQUARE
FEET OF SPACE IN THE OVERTOWN SHOPPING CENTER, LOCATED
AT 1490 NW 3RD AVENUE, SPACE 108, MIAMI, FLORIDA, FOR THE
PURPOSE OF PROVIDING PHARMACEUTICAL CARE AND SERVICES
TO THE OVERTOWN COMMUNITY, AT AN ANNUAL FEE OF $9,030,
WITH TERMS AND CONDITIONS AS MORE PARTICULARLY
DESCRIBED HEREIN AND SET FORTH IN THE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.16 AUTHORIZE CITY MANAGER TO EXECUTE' PROFESSIONAL SERVICE AGREEMENT
WITH CRIMINAL JUSTICE RESEARCH ASSOCIATES, INC., TO PROVIDE PROBLEM
ORIENTED POLICING TRAINING' SERVICES FOR POLICE DEPARTMENT — IN AMOUNT NOT
TO EXCEED $35,000 ALLOCATE FUNDS FROM COMMUNITY POLICING DEMONSTRATION'
CENTER GRANT, ACCOUNT CODE NO. 142021.290496.6.270.
RESOLUTION NO.98-903
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CRIMINAL JUSTICE
RESEARCH ASSOCIATES, INC., FOR A PERIOD OF ONE (1) YEAR,
SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE PROBLEM
ORIENTED POLICING TRAINING SERVICES FOR THE CITY OF MIAMI
POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $35,000.00;
ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY POLICING
DEMONSTRATION CENTER GRANT, ACCOUNT CODE NO.
142021.290496.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
15 September 28, 1998
RESOLUTION 98-904
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CRIMINAL JUSTICE
RESEARCH ASSOCIATES, INC., FOR A PERIOD OF ONE (1) YEAR,
SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE SURVEY
AND EVALUATION SERVICES FOR THE CITY OF MIAMI POLICE
DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $24,279.00;
ALLOCATING FUNDS THEREFOR FROM THE PROBLEM SOLVING
PARTNERSHIPS GRANT PROGRAM, ACCOUNT CODE NO.
142018.291226.6.270 ($2,664.00) AND THE PROBLEM SOLVING
PARTNERSHIPS ASSESSMENT GRANT PROGRAM, ACCOUNT CODE
NO. 142022.290497.6.270 ($21,615.00).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.18 AUTHORIZE CITY MANAGER TO EXECUTE 'PROFESSIONAL SERVICE AGREEMENT
WITH 21 ST CENTURY SOLUTIONS, -- FOR COMMUNITY SURVEY SERVICES — IN AMOUNT
NOT TO EXCEED $43,440 — ALLOCATE FUNDS FROM COMMUNITY POLICING
DEMONSTRATION CENTER GRANT, ACCOUNT CODE NO. 142021.290496.6.270.
RESOLUTION NO.98-905
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH 21 ST CENTURY
SOLUTIONS, FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO THE
AVAILABILITY OF FUNDS, TO PROVIDE COMMUNITY SURVEY
SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT, IN AN
AMOUNT NOT TO EXCEED $43,440.00; ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY POLICING DEMONSTRATION
CENTER GRANT, ACCOUNT CODE NO. 142021.290496.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
16 September 28, 1998
RESOLUTION NO.98-906
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH W.R. BLOUNT AND
ASSOCIATES, INC., FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO THE
AVAILABILITY OF FUNDS, TO DESIGN/DEVELOP AND EVALUATE
COMPONENTS FOR THE ESTABLISHMENT OF THE COMMUNITY
POLICING DEMONSTRATION CENTER FOR THE CITY OF MIAMI
POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $38,370.00;
ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY POLICING
DEMONSTRATION CENTER GRANT, ACCOUNT CODE NO.
142021.290496.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION NO.98-907
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
ELEVEN THOUSAND, TWO HUNDRED DOLLARS ($11,200.00) FROM
TWENTY-FOURTH (24TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PROJECT 799602, FOR THE REHABILITATION OF
EIGHT (8) BUSINESSES LOCATED IN THE DOWNTOWN AREA UNDER
THE CITY-WIDE COMMERCIAL FACADE PROGRAM; SAID FUNDS TO
BE DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
17 September 28, 1998
6.21AUTHORIZE CITY MANAGER TO ALLOCATE EIGHT THOUSAND FOUR HUNDRED
DOLLARS ($8,400) FROM TWENTY-FOURTH (24TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, PROJECT 799602 FOR REHABILITATION OF BUSINESSES
LOCATED IN LITTLE HAVANA AREA UNDER THE CITY-WIDE COMMERCIAL FACADE'
PROGRAM.
RESOLUTION NO.98-908
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
EIGHT THOUSAND, FOUR HUNDRED DOLLARS ($8,400.00) FROM
TWENTY-FOURTH (24TH) YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, PROJECT 799602, FOR THE REHABILITATION OF SIX
(6) BUSINESSES LOCATED IN THE LITTLE HAVANA AREA UNDER
THE CITY-WIDE COMMERCIAL FACADE PROGRAM; SAID FUNDS TO
BE DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
6.22 AUTHORIZE CITY MANAGER TO ALLOCATE NINE THOUSAND, EIGHT HUNDRED'
DOLLARS ($9,800) FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,' PROJECT
NO. 799602 — FOR REHABILITATION OF BUSINESSES LOCATED IN EDISON/LITTLE RIVER
AREA UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM.
RESOLUTION ON. 98-909
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
NINE THOUSAND, EIGHT HUNDRED DOLLARS ($9,800.00) FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO.
799602, FOR THE REHABILITATION OF SEVEN (7) BUSINESSES
LOCATED IN THE EDISON/LITTLE RIVER AREA UNDER THE CITY-
WIDE COMMERCIAL FACADE PROGRAM; SAID FUNDS TO BE
DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
18 September 28, 1998
6.23CLASSIFY SUNKEN BARGE AT MIAMI MARINE STADIUM' AS CATEGORY "A"
SURPLUS' STOCK - FURTHER DONATE SAME AT ATLANTIC GAME -FISH FOUNDATION, --
FOR RELOCATION AND USE AS ARTIFICIAL REEF.
RESOLUTION NO. 98-910
A RESOLUTION CLASSIFYING ONE (1) SUNKEN BARGE LOCATED AT
THE MIAMI MARINE STADIUM AS CATEGORY "A" SURPLUS STOCK;
FURTHER DONATING SAME TO ATLANTIC GAME -FISH FOUNDATION,
A NOT -FOR -PROFIT ORGANIZATION FOR RELOCATION AND USE AS
AN ARTIFICIAL REEF; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE APPROPRIATE RELEASE DOCUMENTS FOR THIS
PURPOSE.
(Here follows body of resolution, omitted here and on file in the
Office of the City Clerk.)
Vice Chairman Plummer: The next gentleman, if you will, tell us your name and mailing address please
for the record. You have two minutes.
Mr. Kenneth Newman: Kenneth Newman, 1030 Southwest 1 st Avenue, number 29, Miami, 33130.
Vice Chairman Plummer: Which item do you wish to speak to, sir?
Mr. Newman: Public hearing number six concerning cable TV.
Vice Chairman Plummer: That's, that's regular item, not Consent, sir.
Mr. Newman: Oh, oh, OK.
Vice Chairman Plummer: OK.
Mr. Newman: How soon will that come up?
Vice Chairman Plummer: When it comes up you can speak to it.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Yes, sir.
Mr. Newman: How soon it will be?
Vice Chairman Plummer: I can't answer that, sir. It will come in it's regular sequence. Mr. Gort.
Commissioner Gort: The... I had an stet on the ones that I pulled, CA-16 and 22. The 22 has been
answered, this is a... And 21, we approved a grant that we received from the federal government, and 22
is hiring some individuals to make sure that...
19 September 28, 1998
Vice Chairman Plummer: You didn't pull 21.
Commissioner Gort: I did not pull 21, I was in favor of it. But, I am willing to put 22 back in.
Vice Chairman Plummer: Just 22, or 16 and 22?
Commissioner Gort: My question has been answered. Just 22.
Vice Chairman Plummer: Just twenty-two is back. So, I'll ask again now, is there anyone here who
might have wanted to speak to item twenty-two? There is none. Again, is there any member of the
general public who wishes to speak on any items on the Consent Agenda which is items one through
twenty-six, excluding seven, nine and sixteen? Is there a motion? Moved by Gort, seconded by....
Hello? Seconded by Regalado. Call the roll.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS
DETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION
AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED
AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER GORT AND
SECONDED BY COMMISSIONER REGALADO, THE CONSENT AGENDA ITEMS
WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J. L. Plummer, Jr.
NAYS:
None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: Mr. Mayor, it's yours.
Mayor Carollo: Thank you, Commissioner. Mr. Manager, I just got done with a phone conference with
the County Mayor that had made a request of us that I need to, some time between now and just before
four when I had top step out, I need five minutes from you to see if it coincides with what you were
planning on doing already or not. Before we...
Vice Chairman Plummer: Mr. Mayor, if I may interrupt, please. For the record, I am told by the City
Attorney that makes sure that it's on the record that item of Consent Agenda seven, nine and sixteen are
moved until the seventh... thirteenth day of October, for the record. Thank you, sir.
Mayor Carollo: That's fine.
20 September 28, 1998
7. PRESENTATIONS.
Commendation to Vincent Michael Powell for his heroic rescue of his family during fire on July 3, 1998.
8. MAYOR COMMENDS STAFF FOR DEDICATION SHOWN DURING AND AFTER
HURRICANE GEORGES. (See labels 1+3).
Vice Chairman Plummer: Mr. Mayor, we are up to item four on the regular agenda.
Mayor Carollo: Thank you, Commissioner. Before we begin with item four, I would like to take just a
couple more minutes in expressing my gratitude, and I am sure I speak not only just for all of us, but for
all the residents of Miami, to the City Manager, the City Administration and all the City employees for
the fine job that they did, the outstanding job that they did during the crisis that we just faced. We were
very lucky that the hurricane didn't come towards us. We were very lucky that the winds that were
expected of over 60 miles an hour ended up being some 30 miles per hour winds. But the City Manager
along with the Administration and the City employees showed that this City was more prepared than ever
for the unexpected. We had employees that spent all night at the operations command center. We had
hundreds of employees that came the same day of the hurricane when the hurricane was expected to the
City ready to work to clean up the streets. I felt good as Mayor of this City to see that dedication, to see
that hard work. To see the efforts that our employees put forward, and Mr. Manager, I would like to
commend you, your administration, and all the City of Miami employees for that dedication that they
showed and a job well done. Thank you, sir.
Mr. Donald H. Warshaw (City Manager): Thank you, Mr. Mayor.
[NOTE FOR THE RECORD: Commissioner Teele entered the Commission Chambers at 1:21 p.m.]
9. PERMIT UNDAMAGED PORTIONOF EXISTING WALL ENCROACHMENT AND
RECONSTRUCTION OF A PORTION' OF EXISTING WALL ENCROACHMENT ADJACENT
TO 3528 ROYAL PALM AVENUE TO REMAIN WITHIN DEDICATED RIGHT-OF-WAY OF
POINCIANA AVENUE.
Mayor Carollo: We are on item number four now.
Vice Chairman Plummer: In my district, I move it.
Mayor Carollo: It's moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort. Is there any discussion? Hearing none, all in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
21 September 28, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.98-911
A RESOLUTION, PERMITTING THE UNDAMAGED PORTION OF AN
EXISTING WALL ENCROACHMENT AND THE RECONSTRUCTION OF A
PORTION OF AN EXISTING WALL ENCROACHMENT ADJACENT OT
3528 ROYAL PALM AVENUE IN THE CITY OF MIAMI, FLORIDA TO
REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY OF POINCIANA
AVENUE, SUBJECT TO THE RECORDING OF A COVENANT TO RUN
WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
THAT COMPLIES WITH THE REQUIREMENTS OF THE CODE OF THE
CITY OF MIAMI AND IS OF THE CODE OF MIAMI AND IS EXECUTED
BY THE OWNER, AND SUBJECT TO CONDITIONS AS SET FORTH
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
10. AUTHORIZE TEMPORARY RESTRICTION OF ` VEHICULAR ACCESS TO N.W. MIAMI
COURT AT INTERSECTION WITH S.W. 14T14 STREET AND N.W. I5TH STREET.
Mayor Carollo: Item number five.
Vice Chairman Plummer: In my district, I have a question. What are you trying to accomplish because
there are two businesses...? OK, I just want to make sure that the two businesses that are on that street
do have access to get into their businesses.
Mr. Jim Kay (Director of Public Works): Yes, they will.
Vice Chairman Plummer: OK, I move it.
Commissioner Gort: Second.
Mayor Carollo: It's moved by Commissioner Plummer, seconded by Commissioner Gort. all in favor
signify by saying "aye."
22 September 28, 1998
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.98-912
A RESOLUTION AUTHORIZING THE TEMPORARY RESTRICTION OF
VEHICULAR ACCESS TO N.W. MIAMI COURT AT ITS INTERSECTION
WITH N.W. 14 STREET AND N.W. 15 STREET IN THE CITY OF MIAMI,
FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
11. ANNOUNCE CONTINUATION OF AGENDA ITEM PZ'; 8 (COCONUT GROVE PLANNING'
STUDY FOR PRESERVATION OF COCONUT GROVE AREA) TO MEETING OF OCTOBER 27,
1998.
Mayor Carollo: We are item...
Vice Chairman Plummer: Six.
Mayor Carollo: ... number six.
Vice Chairman Plummer: Mr. Mayor, if I may, I know the television is now on. For the announcement
that the Coconut Grove study that was proposed for today has been pulled by the administration because
of the lack of time, the problems incurred with the hurricane, did not feel that justice could be done to it
today. So, the Coconut Grove study will be put off until the 27th of October and hopefully by this
announcement we might save a few people from being inconvenienced of coming here when it's not
necessary.
Mayor Carollo: Thank you, Commissioner.
23 September 28, 1998
Mayor Carollo: Back in item number six. If the personnel from our administration that will address this
item along with Mr. Leibowitz:, if they would come up please.
Mr. Matthew Leibowitz: Mr. Mayor and members of the Commission, my name is Matthew Leibowitz.
I am an attorney consultant for the City with respect to Cable television and in particular, TCI's (Miami -
Telecommunications, Inc.) renewal. You have on your agenda today a proposed resolution regarding a
preliminary assessment with respect to the TCI renewal. As you may recall, there is both a formal and
informal parallel process that we go through with respect to Cable television renewals. As part of the
formal process which this City invoked as a result of the delay, ungodly delays that we were going
through for almost two years, this City established a group and formulated an ascertainment report which
essentially sets forth the needs and interests of this community with respect to current and future needs of
cable television. In response thereto, TCI filed a formal proposal in which it set forth its plans assuming
that their franchise was renewed. The purpose of today's session is to compare those two items and make
a preliminary assessment as to whether or not their renewal should be granted. As part of your packets
and as part of the record we have included both a copy of the ascertainment report and a copy of the TCI
formal proposal. And I would ask that be made a formal part of the record. Generally speaking, we
have concluded, that is myself, my staff and the City staff that the TCI proposal is inadequate and fails to
meet the needs and interests of this City both currently and in the future. The report speaks for
themselves, but generally speaking, I would like to address four areas. One is, having spoken to each one
of you on many occasions was the area of customer service. This City knows fully well how poorly TCI
has handled its customer service problems over the years. Unfortunately, they still fail to recognize this
problem and in their formal proposal proposed no significant changes in how to deal with the City's
customers. Secondly, from a technical basis, we still have... find failures on the maintenance State -of -
Art and the INET which is the telecommunications loop that the City uses for internal communications.
We also had an inadequate response on the peg channels which is the government access channels.
From a financial prospective, as you know, one of the most critical outstanding issues was an alleged
credit of eight hundred and twenty-five thousand dollars ($825,000) which still today under the formal
proposal goes unresolved. Similarly, the proposed funding for the peg access channels was in our
judgment inadequate and it a failure totally to deal with the financial proposal relating to the existing
INET or more importantly, to a rebuilt INET.
Commissioner Sanchez: Mr. Leibowitz, if I may, if I may bother you?
Mr. Leibowitz: Yes, sir.
Commissioner Sanchez: Mr. Mayor...
Mayor Carollo: Go ahead.
Commissioner Sanchez: ... if I could address? What are the complicating factors, the main complicating
factors here, if they exist the main ones.
24 September 28, 1998
Mr. Leibowitz: The main complicating factors in terms of their operation is...
Vice Chairman Plummer: Service and money.
Mr. Leibowitz: Well, customer service is certainly number one. Two is the quality of the technical plant.
This system was built almost 17 years ago as a 400 megaherst system. It's been tinkered a little bit, so it
may be operating at 400... 440 megaherst, but it's a dinosaur. It does not serve the needs and interests of
this community or has not been maintained and cannot be maintained in a way to provide the services that
this City needs and demands.
Commissioner Regalado: If I may, Mr. Mayor? Just a question about the technical service. TCI has
come up with a new digital service. They have switched some channels for the people who can afford the
digital service. However, if, if you compare the digital with the regular service does the digital in any
way affect the quality of the other transmission?
Mr. Leibowitz: The answer to that is, no. What basically was happening here is, there is two schools of
thought, if you will, within the industry as how you upgrade a system. The primary approach and the
better approach which they have finally endorsed after years of lobbying in the formal proposal is an
upgrade to at least a 750 megaherst system. Interesting in New York they just got a 850 megaherst
commitment. But the digital system that they are installing has been referred to as poor man's cable
upgrades. Because, essentially what happens it doesn't affect the analogue channels. The analogue
channels still remain in the sorry state of affairs that we have now. And it's interesting is, I personally to
test the system had a.... the digital system installed in my office and I had a very interesting conversation
with the installer which was confirmed by other installers that we've... friends have talked to. The bottom
line is, what the digital system... those frequencies may be OK. The bulk of the channels is still analogue
and they are not OK. So, this was an inadequate response to the needs of this community and
requirements of the technical franchise.
Commissioner Regalado: But, the digital service do cost a lot more?
Mr. Leibowitz: And, you are correct is, you know, the digital service for those digital channels cost
additional money.
Vice Chairman Plummer: Because there is a disk.
Commissioner Gort: Ask the question.
Mr. Leibowitz: Going back, I think... So, for Commissioner Sanchez, I mean, we have technical issues,
we have financial issues. We certainly are plagued by customer service issues. So as a whole, that's
where we are. I would want to report also that this Commission has authorized me and staff to invoke the
informal process, and we have had numerous informal negotiations. And, while I am happy to stand in
front of you and say we have made some progress, in fact a lot of progress, we are far short of where we
need to be for me to embrace or, or you, or me to recommend to this Commission that the informal
resolution, it be the way we go in terms of the renewal. Absent that, we are left then with the formal
process and the resolution in front of you basically sets forth that process where you make a finding that
the needs and interests have not been met and that the formal proposal is inadequate to meet the needs of
the City and as a result you deny on a preliminary basis the TCI formal renewal proposal. The
consequence of that is that we would then be required under federal law to commence an administrative
proceeding. An administrative proceeding is a trial -like process. It's long, it's costly, but that is required
under federal law. And there are a number of issues that we will be looking at in terms of going forward
25 September 28, 1998
and they are all set forth in your resolution. The one I would like to respond to is the conclusary issue
which is, that TCI does not possess the technical, legal and financial qualifications to hold the franchise.
As I stated, it's a conclusary issue. It's built on the prior... the facts that are ascertained in part, in large
measure by the other issues. For instance, on the technical, we know that the City has noticed TCI
numerous times about financial failure... technical failures. They don't have a state-of-the-art system.
They can't maintain it. So technically speaking, they are deficient. Financially, we have unresolved
financial issues involving millions of dollars. Financially, they are unqualified. There is also an area of
inquiry that we...
Vice Chairman Plummer: Wait, wait, wait. TCI, nationwide is financially incapable...
Mr. Leibowitz: The question, sir.
Vice Chairman Plummer: ... with all of the money I send them?
Mr. Liebowitz: Ha, ha, ha.
Vice Chairman Plummer: No, no. I, you know...
Mr. Liebowitz: No, no.
Vice Chairman Plummer: Somewhere along ... I can't envision... Are you telling me they are not
operating in the black, is that what you are really saying?
Mr. Liebowitz: No, no. No, sir. In terms of this franchise which is a different analysis is...
Vice Chairman Plummer: OK, you were speaking locally?
Mr. Liebowitz: Yes, I am sorry.
Vice Chairman Plummer: Are you telling me that locally they are not liquid?
Mr. Liebowitz: What I am saying to you is, there are financial issues between the City and TCI.
Vice Chairman Plummer: Oh, I didn't understand that.
Mr. Liebowitz: I am sorry.
Vice Chairman Plummer: I understood it to say that they were not financially able to do what is
necessary, not the revenue side. Go ahead, I am sorry.
Mr. Liebowitz: OK. At this point, I can't answer the question on the local basis, although I can make
some speculation as to their financial ability. I can tell you that they have financially failed to perform
and that's one of the things you... this trial would have to ascertain.
Vice Chairman Plummer: You are speaking in reference to revenues to the City?
Mr. Liebowitz: Revenues to the City.
Vice Chairman Plummer: Oh, OK.
26 September 28, 1998
Mr. Liebowitz: The eight hundred and twenty-five thousand dollar ($825,000) et cetera.
Vice Chairman Plummer: That wasn't what I understood, so proceed.
Mr. Liebotwitz: Yes... And, I am glad you clarified it for the record. And, along that line there is one
issue where they have stepped forward and clarified and credited the City with a little over two hundred
and forty thousand dollars ($240,000) and that was as part of this process we had an audit, a financial
audit and we found that they had underpaid the City two hundred and forty thousand dollars ($240,000).
They have credited that to the City and taken care of that issue. So, that is no longer one of the issues
before us. However, that same report also said that there was... they had to recalculate going forward,
their franchise fees to the City on a number of accounts and we have no basis to suggest that that's
already been done. So, you have legitimate questions of record for both financial, technical, and legal
qualifications. And, that's the type of issues, one of the issues that will be explored in this hearing. The
resolution, I might add, also empowers the City Manager's Office to continue the informal negotiations.
These negotiations can go on on a parallel path and I recommend that they do so that in the event that we
can resolve these issues, short of a formal administrative hearing, we should do so.
Vice Chairman Plummer: Well, now, if you will, speak to the issue that you brought to my attention a
while back about there is now another issue of them being bought out by AT&T. Now, that's another
approval that they are looking for from this Commission, and as I understand what you said to me that
AT&T is going to become the big umbrella and TCI is going to propose to sell to AT&T who is
proposing to come back to Media One. Is that...?
Mr. Liebowitz: Correct. They don't...
Vice Chairman Plummer: I don't that's come up before, at least if it did, I was not aware of it.
Mr. Liebowitz: No, it hasn't been formally brought to your attention. Formally, what's happening...
Well, conceptually what's happening is that in the first instance TCI parent is being taken over by AT&T.
Now, that application has actually been filed before the City last week. This City has a 120 day window
in which to act. In theory, assuming that is granted, and the... they would then file a request to transfer to
Media One, and that's part of a swap where Media One is swapping some facilities in the Chicago area
for the systems down here. The question that I think you are asking is, how does this intersect with the
renewal process that we are going through right now.
Vice Chairman Plummer: Yeah, who is on first?
Mr. Liebowitz: Yeah, who is on first, exactly. And who the company is. And, I would suggest to you
that this is a pretty new and novel question that has not been presented to City Commissions before. I
would use an analogy that the FCC (Federal Communications Commission) uses in broadcast station
licenses though. There is a very firm policy for decades that once a station's license gets in trouble and
has significant issues which may invalidate that license, the FCC refuses to entertain a transfer. Under
the theory that there may be nothing to transfer. And that's black and white law. There is no law, one
way or the other in terms of cable systems and local franchise authorities. I would suggest to you though
that the logic and rationale behind that position remains the same. Accordingly, I would suggest that in
the event this City Commission today determines that the preliminary assessment, that the renewal be
denied, then that occasion creates the imbalance on the transfer. And, when that transfer item is brought
to the Commission, which is not before you today, I would suggest you vote, no.
27 September 28, 1998
Vice Chairman Plummer: Mr. Mayor, I have made my thoughts known before and... Well, I'll let these
people speak...
Commissioner Sanchez: Wait, no, I have a couple of questions, if I can just...
Commissioner Teele: Go ahead.
Commissioner Sanchez: Mr. Liebowitz, I have two questions for you. One is, has TCI made any terms
of agreement or do you foresee any agreements in the near future within 120 days, that's my first
question. Question number two is, I hear about a transfer, how does this transfer work and basically
explain what that transfer is?
Mr. Liebowitz: OK. Michael Woods who is one of the senior attorneys for TCI, and I think he is now
Director of Franchise Authorities... franchising matters for this area and I have worked on a number of
occasions to try to bring forth a proposal under the informal process. We have been unable to do so to
date. Before the hurricane, Michael and I again met, Michael and I were able to, I think come very close
when it was just the two of us. Unfortunately, when it went back to Denver, again, and this has happened
before several times. The company has retreated from where they were. So, today in my judgment there
is no agreement or even proposal on an informal basis that meets the needs and interests. It's getting
closer, and we have made a lot of process, but it still falls far short. Can we move it forward? I would
hope so, and that's why part of this resolution is to also and continue the authority to... on the informal
negotiation process. So, I think that answers your first question. In terms of your second question,
mechanically, you now have an application that was filed last week I believe, correct? For the At&T
transfer. Under federal law you have 120 days to either accept or reject it. If you do not act on it after
120 days, it is deemed accepted. What I am suggesting to you is that in the... assume for the moment that
you act today and approve this resolution which creates a preliminary denial, then I think this City
Commission has a basis to deny that proposed transfer and... But that matter is not before you today, but
that is something that would come up during the next 120 days if we are unable to resolve this matter on
the informal basis.
Commissioner Regalado: OK, we... if we do...? Excuse me.
Mayor Carollo: Commissioner, if you could hold on for one second. We just passed out a letter that was
given to my office this morning by TCI from Mr. Edward Garcia that includes a copy of the proposal... I
guess they had sent to you around September 23rd. I just want to express how I feel on the record,
briefly, and how I am going to proceed. For the record, they are here, so they could hear me. And, I
want you to make sure you relate it to them. Any correspondence that they need to send to the City
relating to anything to do with the matters that are being discussed here today, I do not want it going to
me, I want it going to you. You are the consultant that we have hired to represent us and I am going to be
guided by what you recommend to this Commission on that. There are certain things that they are asking
for here that, you know, the Commission could read, but I am going to be guided by whatever you advise
this City to do. So, therefore, I would respectfully request that any correspondence that TCI would like to
send to the City on this matter that it be sent directly to you with copies to the City Manager.
Mr. Liebowitz: Mr. Mayor, let me respond to that. First of all I, of course agree with you that we should
be copied on everything that comes to the City with respect to cable television. I will tell you though that
the letter that's attached, not the first two pages because I have just been handed that about an hour ago,
myself, here, my office did not receive it. But the letter that's attached was the latest response from
Michael based on our negotiations. Now he, in that letter asked us to distribute this to the Commissioners
to have it as part of their package. Unfortunately, because of the hurricane, both my office and the City
28 September 28, 1998
Attorney's Office was unable to do so and after consultations with the City Attorney's Office, the City
Attorney invited TCI to submit this directly to the Commissioners. So, I... they take that action, at least
with the letter to me with our full approval, and I have no problem with that. The first two pages, you
know, the cover sheet and transmittal letter again, was something that we never saw and would have been
nice to get before we appeared here today in City Hall.
Mayor Carollo: All right, Mr. Regalado, go ahead.
Commissioner Regalado: Yes, thank you, Mr. Mayor. We have several issues here, Matt, and I see in
the TCI letter to you and the proposal that they are offering several money issues which I think that you
agree with and we may all do. But my... my problem is a two -fold. First of all, the technical problems.
The complaints that we get in the office that Mr. Garcia has been very gracious to tell us to relate to them,
but also the assistance to the customer. That seems to me is the major problem. Yes, the City has a lot
of need for money, and apparently you have resolved some of the issues in terms of money, but what I
have not seen here is the problem of customer assistance, that... that is a major complaint. And, also, the
technical aspect of the quality of the system. And, when are these going to be agreed? And, just for the
record, and I would like you to confirm that, if that is the case. If the City were to issue a complaint to
the FCC, then there couldn't be a transfer, is that correct?
Mr. Liebowitz: No, well that's in broadcasting. As you and I live and breathe radio, we know that if
there is a complaint to the FCC during a transfer process that stops the transfer. There is no law, either
way on the parallel process of the cable television franchise and your... ability to do the same thing. I
think however, that when you read those cases and those policies that go back to decades that that same
rationale would apply. So, in the event there is again, the resolution today is adopted, I think that gives
you a more than adequate basis and an argument to follow the same procedures that the FCC does. You
know, in terms of the specific issues, and I don't know how much you want me to go through Michael's
letter and the individual issues, but...
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: Go ahead.
Vice Chairman Plummer: With this matter not going to be decided today, I am sure, the limited time we
have for the agenda including the budget, I wonder if we are actually, should be going into depth today,
because I like everybody else, even though we understand the hurricane problems and everything is, the
letter which should have been received before was not, that we just hear from the public and we, the
Commission can hear this, which I am sure we are going to hear it more than once again. So, I am just
thinking in the interest of time that maybe what we need to do is to move on because we can just
infinitum spend the rest of the day on this item alone. Just my thoughts.
Mayor Carollo: Let's... Yeah, I have no problem in going along with that, Commissioner. What's the
will of the rest of this body?
Commissioner Gort: I agree.
Vice Chairman Plummer: Let's hear from the public that was here to speak on the issue, and we'll keep
those thoughts in mind.
Commissioner Regalado: But, but Matt, we should make a decision today, either way?
29 September 28, 1998
Mr. Liebowitz: Well, it's my recommendation that you...
Vice Chairman Plummer: Proceed.
Mr. Liebowitz: ... that you do approve the resolution today that's before you.
Vice Chairman Plummer: Absolutely.
Mayor Carollo: OK. Can you state your name and address for the record, please?
Mr. Kenneth Newman: Kenneth Newman, 1030 Southwest First Avenue, number 29, Miami, 33130.
Gentlemen, I would like to give you my background on my testifying against TCI in Chicago many
years... several years ago. TCI is a company that should be told to run back to Denver as soon as
possible. It's a sleezy organization.
Vice Chairman Plummer: Sir, sir. Mr. Mayor, I am sorry.
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Plummer: Sir, you can speak to the issue. Your adjectives are not necessary, your
thoughts you can have to yourself, but when you are making accusations that they are sleezy, I think we
should refrain from that, sir.
Mr. Newman: OK, I'll just tell you what went on. I twice testified in front of the... what's called the
Chicago Cable Commission. I believe my testimony helped get them fined. They test... TCI testified to
the cable commission that they had wired neighborhoods when in fact those neighborhoods did not have
cable. Their customer service record in Chicago was horrible. They continued to do these kind of things
all over the country, including Miami. And, based on what I have heard in the news... read in the
newspaper, heard here, TCI is not needed in Miami, they are not needed anywhere. And, I would highly
encourage you to find another company to do business with based on my experience with them. And,
believe me, after what they... the junk mail they send out, their high cost, this company does not have a
good record of public service and I really encourage you to seek out other bids. Thank you.
Vice Chairman Plummer: Mr. Garcia, you represent the company, I think we ought to hear from the
public and then you can be heard.
Mr. Ed Garcia: OK, fine.
Mr. Jose Santiago: My name is Jose Santiago, I live at 2769 Southwest 34th Court. I am also speaking
for Mr. Torres at 3466 Southwest 27th; Mrs. Castillo at 3468 Southwest 27th; Mr. Castro, 2770
Southwest 34th, and Mr. Barber, 2710 Southwest 34th Avenue. I have had trouble with TCI for 90 days
straight without cable. I only have basic cable, I don't have expanded basic. When my cable started
going black and white, I started calling them. I called them so much trying to get my service fixed that
they have on their computer when I went downtown to talk to Mrs. Iglesias, because I asked to speak to a
supervisor, Mrs. Iglesias hung up on me, I got mad, called back again, they told me she is out for lunch. I
went down there and I spoke to her, when she took me to the computer, it said warning on my account
because I have bothered TCI so much. The people that I am representing right now in my neighborhood,
it's almost my whole neighborhood, the cable goes out a hell of a lot and you cannot get through to TCI,
OK. I heard what the man said, I have heard what all of you have said. But, I think you all are being
brainwashed here. I think we should look for another company period. And, I am talking about the
30 September 28, 1998
people. A lot of us forget that we keep paying more and more and to get service that we don't... we
don't really get. I would like for you to find another company, even if it's a lower... a less company or
less service. I rather pay something that I am receiving, not pay for something that I am not receiving.
Mayor Carollo: Thank you, sir. Two minutes.
Mr. Manuel Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, I reside at 2469 Southwest
14th Street. My issue, and I am speaking about my personal issue. I cannot deny that I have had to
swallow the cable, and I'll tell you why. Not only have I received very bad service, they are after me for
collection because on February 25, 1997 when my house was burglarized, incidentally I am still waiting
for the police to show up. My cable disappeared and then they started... then I had to go to Puerto Rico
and they are after me, now from Massachusetts. So, not only have I had to swallow my cable, they are
trying to collect from me like two hundred dollars ($200). I hope you disband these people, throw them
out so my... I will... my credit will not be worse than it is right now. Thank you, very much.
Mayor Carollo: Name and address, please.
Mr. Jeff Sidlow: Gentlemen, Jeff Sidlow, 3152 Mary Street, Coconut Grove. I have had repeated
problems with TCI cable for the past nine years, TCI-South for six and TCI-Miami for three, the past
three years. I have called customer service many times. Every time I speak to someone in customer
service they give me different information than the next person. I have to spoken to Managers, I have
spoken to operators. Basically, the... they don't know what they are doing over there. One person says
this is the way it is, the next person says, this is the way it is. I have consistently complained about the
reception, about the lack of programming, certain channels that we used to have that were cut, certain
channels that we can't get because they won't order them. When I was unhappy with my service I
downgraded from expanded basic to basic and I was told we would get a certain number of programs on
the basic system in the package. And, when they restructured their channeling a few days ago, or a week
ago, I lost some of the programming channels that I was interested in. I have called and asked why this
happened, they said, well, that I was never supposed to get that channel in the first place, whereas two
other people told me that I was. I don't think they know what they are doing over there. They don't train
their employees well. From what I have discussed with people in the neighborhood, nobody is satisfied
with their service and I think they should be taken out of Miami. The only place I have ever seen TCI
cable that worked well was in Denver where my parents live, and their service is excellent, they have
never had a problem with it. I can't believe that TCI of Miami is as bad as they are. Thank you, very
much.
Mayor Carollo: Name and address.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am not going to speak against a
stockholder of TCI or the other companies because this is the battle between money people. You know,
they want the money and all that. I am going to talk about, as a consumer. I never got any problem with
TCI since the time I have... The only time we were a few hours without cable was on Friday on account
of the hurricane. And, just the other week I delivered the advertising of the TCI digital service. My wife
ordered it, one day later, she got digital service and she hasn't... and she complains about TV service and
the thing of the cable. She is very happy with the new digital service that she get all the sewing channels
and all the different teaching channels that before she couldn't get it. So, as a consumer, and whatever I
pay, I think I get a good service from TCI, and I don't owe anybody on TCI at all. Thank you.
Mayor Carollo: Hold on for a minute, Mr. Garcia. Anybody else from the public that would like to
address this body? OK, go ahead, sir.
31 September 28, 1998
Mr. Ed Garcia: My name is Ed Garcia, I am with TCI, the regional office here in Florida. We have in
the audience our General Manager and our Operations Manager that can answer any questions at this
time or later or any other time as we have made ourselves available to you. OK, I'll just make this very
brief. As far as Mr. Leibowitz' statements on our system, it's not a 17 year old system. We upgraded to
450 megaherst in 1986 and we have been upgrading since then. Equipment is very expensive and it's
timing putting in the right equipment so that it's not obsolete. We are still in the process of upgrading it,
depending on neighborhoods and what customers requests are. The digital cable product is an addition to
the existing analogue service. It's an additional cost of nine ninety-five if a customer elects to do that.
It's not mandatory, if you want to get the other channels you can select it for ten dollars ($10) a month.
As far as the financial, I don't Mr. Leibowitz is any condition or position to slander TCI and our financial
capacity in a public forum. We deliver to you on a quarterly basis our financial reports as mandated by
the franchise agreement. If there has been a problem financially, I am sure we would have heard from
the City, we have not. Along with that quarterly report we submit a check and franchise fee
approximately quarter of a million dollars ($250,000), every quarter to the City. We feel that we are a
good community corporate citizen. We sponsor different events with the City. Last year with the Police
Department's Toy Drive, we are beginning to do that this year, and throughout other events throughout
the year. As far as our customer service situation, every company, I think endures some type of
difficulty. We have implemented in the past month, 45 new customer service representatives to answer
telephone calls. They are in their final stages of their training. Once they finish the training and they
pass a test, they will get on the phones to answer more calls. We are addressing that problem in a variety
of different ways. We don't want to put somebody on the phone that doesn't know what they are doing
when they answer the phone because that just adds more to the grief. I have made myself available as our
office in downtown Miami to each of you and your staff and any problems. I know in the past couple
weeks I have been given some customer concerns from Mr. Plummer's Office and I have addressed
those. It's either a communication problem or timing, but all we request if there is a problem, please call
me, call the office, and we will tend to the problem immediately as we have done in the past couple of
weeks to rectify any miscommunications. As far as the proposal we have given today, because of
Hurricane Andrew that letter was not delivered to you, I delivered it today to ensure that you had the
information before you. A copy of my cover letter was sent to Mr. Leibowitz' law firm via facsimile. If
he received it before he left, I don't know. As far as the letter goes, there are two offers in there before
we go to the administrative hearing that Mr. Leibowitz was alluding to. The administrative hearing is a
very costly and time consuming process. As before, we have stated we don't want to go to the formal
process. We ended up going that way because we still differed on different issues. As far as this
administrative hearing, if we resolve the issue to prevent going that way, that will be in the best position
for I think, all parties concerned. In the offer that we have made and in the letter that I have submitted to
you which was consulted with Mr. Leibowitz and Mr. Woods from our corporate office, the offer would
be to give the City generous financial incentives. One of which is to waive the claim of the eight hundred
and twenty-five thousand dollars ($825,000) that we go back and forth on whether the City owes it or not.
The other incentive is two hundred and twenty-five thousand dollars ($225,000) that the City will be able
to use to pay Mr. Leibowitz' firm fees, in addition to what he's already been paid by the City. And, lastly
would be a maintenance program that Mr. Leibowitz and Mr. Woods have consulted on to bring the
current system to an agreeable situation until the Media One transfer is effectuated. The Media One
transfer is still on tract, we expect that to conclude the end of the year, the first quarter of next year. And,
yes, as of June AT&T has announced that they are merging with our company. Last week we delivered
an FCC form 394 requesting your consent to that merger. Unfortunately, it happened about the same
time that other things were occurring. We did it as soon as we got that information, we were able to put
together the extensive financial documentation that the City would need to review and entertain that
consent, and after that is done, yes, the next one is the Media One deal. We hope that both go through,
and I believe and I want to add before I conclude that once the Media One deal is done and the City will
32 September 28, 1998
be able to sit down with Media One and TCI to discuss their version of a negotiation with you. I believe,
and I strongly believe with conference calls with Media One that once that is transpired, the City will be
in a better position to request the different operational or equipment changes that the City wants from
Media One as they will be the new cable operator. It is not a business wise decision for us to invest
millions of dollars to upgrade the system to a 750 system because we are leaving. We are doing it in
other parts of the country because we are long term there. This deal was, as we notified you in
December, that Media One will be coming in, transferring our properties for their transfer... for their
systems in Chicago, and as I said, that's still on track, we have not heard anything differently. With that,
I thank you for your time, and I am always available to any of your questions or your staff, and again,
thank you.
Mayor Carollo: Thank you, Mr. Garcia. Before we proceed, Matt would you like to rebuttal any
statements that were made or...?
Mr. Leibowitz: Yeah, I would appreciate that, Mayor. I won't respond to the personal attack, but as I
have indicated to you individually and today, is that the informal negotiations with Michael Woods, the
representative from TCI have in fact brought us a fair distance, a substantial distance. But, yet in a
distance that it remains that we have to close before I in good faith can recommend to this Commission
that we have any further delays. For instance, we have already... we have been negotiating for a
substantial period of time. What's the effect of that been? Forget the legal fees for the moment. But,
what it's done is, it... the... In the meantime, the system remains inadequate and it only delays month by
month, year by year, the final upgrade of that system. Secondly, is if we would delay, you know agree to
wait for Media One, we start all over again, and then although I can tell you where Media One has been
in the past, I have been informed that Media One is going to vary from that in the future. So, I am going
to start negotiations all over again. The argument that the required capital to start upgrading the system is
not a good business approach, I forgot the exact language that Mr. Garcia used, is simply not acceptable.
One is, there was a requirement in the existing franchise to maintain the state-of-the-art system. There is
not one qualified person in the cable industry who will say four hundred and fifty or a four hundred forty
megaherst system with or without digital is state-of-the-art. That's just simply not true. Two is that, you
know, the fact that there is a sale, it is often the case the parties negotiate those type of expenses,
specifically, assume for the moment that TCI is going to spend "X" dollars for a system that Media One
is going to take over. Media One credits that dollar, those dollars back at the closing table. It's done all
the time. The effect, what you have been asked to do is further delay the process. Now, again, this is a
good process. You know, we have made a lot of progress, but we are well short of where we should be
and therefore, unfortunately, because I would be the first one to stand here and with a big smile on my
face and say, hey, we have got it, we have the closing on this deal. We can't close, but we are still short.
And, in light of that, I think it's incumbent on this Commission to approve the resolution before you.
Mayor Carollo: Any further questions or statements?
Vice Chairman Plummer: I have a question.
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Plummer: I guess I am at a loss that Media One is not here, OK. And, I say that simply
because of the fact that if they are the person we are transferring to, or asked to be transferred to, I need
to put them on that microphone and on record that they are going to, within a short period of time put into
this community the state-of-the-art. Now, I don't... I, you know, I have no idea what that amount of
money is, but I have no guarantee right now because Media is not here to make a commitment that they
are going to do that, and I don't know what the difference is between 400 and 800 except it's double the
33 September 28, 1998
number and whether that's double the better, I don't know, or double the worse, I don't know. But, I
think when you come back to this City Commission we need to have the people who are possibly going to
be transferred to here also so that we can ask questions of them as to what they are going to do. I have
made my comments in the past, and I'll be very, very brief. Most of the phone calls that I get about
service are service connected with phone calls. You call there, they can't get anybody on a phone. It
takes an hour, two hours. Homer Mallo, a very well-to-do attorney called me the other day and he said,
"Damn it, I held on this time, I wasn't going to hang up, and finally after four hours, I hung up." All
right, these are the kinds of calls that we have got that they can't get them on the telephone. You know I
made a comment before, and now I stand corrected, I said TCI is the only person that I know that took
away three of my channels and upped my rates. Now, I have to stand corrected, because they have taken
away five of my channels and upped my rates. And, worse than that is a good surfer on the network, they
have taken Channels 33, 34, 35, 36 and 37 that I can't surf over and that makes me upset where at my
place of business they put all of that, that new stuff over on the end of it where I don't have to put up with
it. Look, we are here to try to do the best for this community. We are here to try to do the best for this
City. I have no problem with this resolution as it stands here, because if there is not some major, major
changes made, I am not voting for transfer. I only have one other question for you, Mr. Leibowitz.
Mr. Leibowitz: Yes, sir.
Vice Chairman Plummer: Do we deal first with the transfer to Media One and then the transfer to
AT&T?
Mr. Leibowitz: No, sir.
Vice Chairman Plummer: What is the process is what I need to know?
Mr. Leibowitz: Right. The process is A, we deal with the renewal. B is on a parallel track, you have the
AT&T transfer. That is before you or has been filed and go... and we have to deal with it within 120
days. The Media One deal has not been filed, and as I understand it, will not be filed until the AT&T deal
is before you... So...
Vice Chairman Plummer: My question really was, who do I get to stand at that microphone after all is
said and done, whose feet do I hold to the fire?
Mr. Leibowitz: Today...
Vice Chairman Plummer: No, not today, in the long term.
Mr. Leibowitz: Well...
Vice Chairman Plummer: Is it Media One, is it AT&T or it is what?
Mr. Leibowitz: Here is the way we do it. In the first instance, today it's TCI as it exists legally today.
Vice Chairman Plummer: For the renewal?
Mr. Leibowitz: For the renewal.
Vice Chairman Plummer: Not any transfer.
34 September 28, 1998
Mr. Leibowitz: Not any transfer. When AT&T comes to the picture we then say AT&T we will approve
the transfer upon your acceptance of all the terms and conditions of the renewal that had just been
negotiated and signed. And, then when Media One comes along, we then say to them, we will agree to
the transfer if you will agree to the terms and conditions of the renewed franchise.
Vice Chairman Plummer: So, are you saying then, the feet that I have to hold to the fire are Media One,
or AT&T or both?
Commissioner Gort: All of them.
Mr. Leibowitz: Well, eventually, all of them. But, it will be TCI today, AT&T down the road, Media
One further down the road.
Vice Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Teele: Thank you, Mr. Mayor. Matt, I think we are almost there, because the sole issue
before us today, I thought, was the renewal. And, in that regard, the sole applicant for the renewal is
whoever is providing the service.
Mr. Leibowitz: Correct.
Commissioner Teele: OK. So, the only issue that we are talking up today is the renew... whether or not
to renew the application or send it into a process that will allow for an administrative hearing or
determination on the renewal.
Mr. Leibowitz: Correct. The transfers are not before you today.
Commissioner Teele: OK, OK, hold. I just want to be very clear because I am listening to everything.
Number two, you and Mr. Garcia and our City Attorney need to agree as to whether or not the last
paragraph of Mr. Garcia's letter is legally and factually correct. And, I don't want to debate it now.
Because according to his letter, there is no transfer to AT&T. His letter is very clear and from a legal
point of view I would be very supportive of the position they have outlined because a merger is not a
transfer, and I don't want to debate the issue, but we need... You keep talking about these two transfers...
Mr. Leibowitz: Correct.
Vice Chairman Plummer: ... I am not certain that there are two transfers, but I don't want to decide that
issue today because that's not really what's here before us. But, I would hope before we take up any
more issues, that our lawyer could give us the legal opinion as to whether or not the proposed acquisition
and merger of the proposed... - I apologize - merger of TCI and AT&T constitutes a transfer under the
law or a change in the control which are totally different legal characteristics. We probably reserve the
right as a matter of form to approve the owners, the beneficial owners so we have certain rights. So, I am
not sure that these two transfers are appropriate in terms of our discussion. And then, finally, as it relates
to the transfer to MCI, I have two questions, number one...
Mr. Leibowitz: AT&T, Commissioner.
35 September 28, 1998
Commissioner Teele: I am sorry, to AT&T
before us which is the application to renew.
Mr. Leibowitz: Yes, sir.
As it relates not to the transfer, but to the issue that is
Commissioner Teele: Mr. Garcia has taken some outrage, if you will to your characterization. I didn't
find it to be in any way slanderous, but let me say this. Mr. Garcia is saying to us on the record, that
because of the impending transfers that they are not prepared to make the financial long-term
commitment. The record will speak for itself, whatever he said. Does that not constitute a violation of
the franchise agreement in failure to maintain state-of-the-art. system? I mean, I can understand
financially what Mr. Garcia is saying, but that's not consistent with what our contract says.
Mr. Leibowitz: Correct. The party in front of you today, and who holds your franchise is TCI. They are
required to meet the conditions and terms set forth in your franchise. It is irrelevant from that perspective
that they have a pending transfer. To the extent there is a transfer or merger and under our... I will tell
you, my own legal judgment, I have looked at this, is for the purpose our franchise, they are one and the
same, they require your consent. But nevertheless, but that... those type of financial issues are routinely
dealt with in acquisitions and mergers where the buying party, if you will, steps into the shoes of the
seller and there is a negotiated resolution in terms of the dollars. There is an offset if you will.
Commissioner Teele: OK, but the point... I am only asking one question. Does not a statement, and
does not the fact that TCI is not prepared to invest in this system in the long term constitute a violation of
our existing franchise agreement that requires that they maintain a state-of-the-art system?
Mr. Leibowitz: I will answer it in the affirmative that, that would be a violation.
Commissioner Teele: This is a complicated issue. I am new to this process. What is your
recommendation?
Mr. Leibowitz: My recommendation reluctantly today is that you approve the resolution before you
which has a preliminary determination of a non -renewal, but in... and therefore, creates the necessity for
the administrative hearing, but keeps open the authority and the door for the informal negotiations.
Commissioner Teele: Mr. Attorney, what is the amount of time that's required? You know, it really
would have been nice if we would put something like this on a ballot for a non -binding vote. I mean, I
really would like to know how the people of the City of Miami feel about TCI. I have seen non -binding
votes on franchises appear before. Is it too late for the November ballot? I assume it is six weeks or
what?
Mr. Alejandro Vilarello (City Attorney): Well, I believe Mr. Leibowitz should address the issue of
whether that's appropriate in the renewal process or not versus the initial award of a franchise.
Mr. Leibowitz: Yeah, in... Under federal law we are responsible to have an administrative proceeding, a
trial -like process. So, the legal effect of a referendum would be null. There wouldn't be any. In terms
of...
Commissioner Teele: Would be what?
Mr. Leibowitz: There would be no...
36
September 28, 1998
Commissioner Teele: I said, non -binding.
Mr. Leibowitz: Non -binding, OK.
Commissioner Teele: That was the term, non -binding.
Mr. Leibowitz: I would have no objections assuming that it's possible, if...
Mayor Carollo: We've missed the deadline already to... in order to be able to do it.
Vice Chairman Plummer: Mr. Mayor, we...
Commissioner Teele: Thank you, Mr. Mayor. Thank you very much. Mr. Leibowitz, let me just say
one thing. You know, this is a complicated issue, and I am not even sure I have a basis to form an
intelligent vote on this issue, I am not sure. But, I am going to say this to you, I really do think that you
have served this City very well, as I have said before, because you are always very prepared and I
appreciate that.
Mr. Leibowitz: Thank you.
Vice Chairman Plummer: Mr. Mayor, we may have passed the referendum, but you know at the last
meeting what I thought I was doing, I found out that I wasn't which happens quite a bit around here. And
that I thought that the Cable 9 was on when I made a request of the people watching television to please
send their thoughts and letters, cards and letters into this Commission of what their opinion was of TCI.
And, I think what we ought to do is, in the month of October ask the people of the community until the
1 st of November to in fact let this Commission know exactly how you feel about TCI. And, I think this
Commission would like to hear from the people of this community as to their response. So, I would say
at this time, Mr. Mayor, that I would ask that all of the people of this City who wish to voice an opinion
have until the 1 st day of November to do that, and at such time, we will ask the administration to tabulate
and to give us the result of that straw ballots, straw poll, whatever it may be. We don't need to call a
number, but I think it's well in order, Mr. Mayor.
Mayor Carollo: Well, what I think is the appropriate way of doing it, Commissioner is to advertise that
request...
Vice Chairman Plummer: Oh, on Cable 9.
Mayor Carollo: ... in Cable 9...
Vice Chairman Plummer: Absolutely.
Mayor Carollo: ... and include the way that we want the public to be able to respond.
Vice Chairman Plummer: Absolutely.
Mayor Carollo: I think the most appropriate way would be by individuals being able to send something
in writing and signed with their address.
Vice Chairman Plummer: I refuse to give my fax number because I'll watch it turn red.
37 September 28, 1998
Commissioner Teele: Mr. Mayor, I think it's a great idea. I think it also has great implications to TCI
staff. It means they are going to be very busy the month of October.
Mayor Carollo: Well, that's why I am saying signed and with addresses so that it limits people being on
the phone calling at all times.
Vice Chairman Plummer: Happy Halloween. Mr. Mayor, I am ready to make a motion.
Commissioner Regalado: Well, before... Mr. Mayor, if I may? Just one brief question to Matt. On this
hearing that you are going to start with TCI does this stop in any way their promise for 45 new service
people to work, especially on customer... in attending the calls of the people and visiting the places where
we have complaints?
Mr. Garcia: Ah, no. In no way, we are still committed to that. We are every 35 or 45 days we put in new
ads in the paper for new folks to hire, the screening process and so on, but that doesn't deter from our
commitment with new CSR's (Customer Service Representatives) to answer the phone and their training.
And, if I may, I just... The statement before, maintaining the system. We are, as of today, still, every day
maintaining the system.
Commissioner Teele: State-of-the-art.
Mr. Garcia: It's a... Well, that's where... also we differ, the state-of-the-art 450 or digital. Digital is
state-of-the-art. But, we still maintain every day this system in our head ends and out on the street. And
as far as the financial commitment, I don't think it precludes us from doing that, we would take that in
light, how much is the investment and how many millions of dollars. I didn't say, I don't think, I said we
would not invest that money, but it would take some consideration to invest a couple million dollars for a
short term period of time.
Vice Chairman Plummer: Yeah, but you see, that's the very reason that I need Media One, or whoever
the boss is going to be in the future, who is going to stand at that microphone and say, yes, we are going
to do it. We are going to do it within three months, six months, whatever the time frame is, and that we
are going to bring... If you transfer this to us, whoever us is, that in fact, we are going to do it. We are
going to spend the money, and I think that's necessary to be said in front of these microphones. It
doesn't take a rocket scientist to understand, you have got problems. I mean, every big business has
problems, and you are a big business. I have got to say for the record, when I have called this man from
complaints in my office, I have his beeper, and yes, I got results. Now, the problem is, is what was the
lady, the lady who was with you and went to California.
Mr. Garcia: Cheryl.
Vice Chairman Plummer: Who?
Mr. Garcia: Cheryl.
Vice Chairman Plummer: Cheryl stood at that microphone, she was willing to do something you didn't.
And, she gave a 954 number and said if you have a complaint, I am the boss, you call 954 whatever it
was in Hollywood, and she gave out her personal phone number for complaints.
Mr. Garcia: I'll do better than that. I'll give you a free toll free number.
38 September 28, 1998
Vice Chairman Plummer: OK, so I am saying to you, this idea of people having to hang on to a phone for
30 minutes, an hour, an hour and a half, I think it's wrong and it's one of the major complaints that I have
received.
Mr. Garcia: Well, as far as the Media One, if I may shed a brief light on that. We have been in
discussions with Media One on our pending transaction, and their legal opinion as well as ours, it is
inappropriate for them at this stage because nothing has been signed contractually between us to step into
the picture.
Vice Chairman Plummer: Mr. Garcia, you cannot ask me or any of these Commissioners standing up
here, sitting up here, to vote for a system that we are transferring to someone who will not make that
commitment. I will tell you sir, I will not vote for anyone to transfer this system to, who will not stand
there and make a commitment that we are going to give you the State -of -the -Art cable system that we can
do. Because, if not, then I still got the same complaints, I still have the same problems. This City... How
many...? How many customers you got in this City, sixty, seventy thousand?
Mr. Gracia: A little over 60,000.
Vice Chairman Plummer: A little over 60,000 people. So, we are a big City. I mean we are not South
Bay, we are the City of Miami. We have a lot of people that are out there who are calling us, all of us, all
the time. I am saying to you, whoever is going... I will not vote under any circumstances favorably for a
company who stands there and says give it to me and I will make the thing, if they don't make that
statement, they are not getting my vote. I want you to understand that. Why should I settle for less than
what you have agreed to in a contract and that state-of-the-art? Now, I don't know what state-of-the-art
is, OK. But, there is people out there who are in that field who know what state-of-the-art is. And, I
think that... regardless, I am going to hold your feet to the fire and whoever the transferee is, I am going
to hold their feet to the fire.
Mayor Carollo: Commissioner, before we proceed, I think there is one or two other people from the
public that want to address us before I close the public part down that arrived late. But, before I let them
speak, do you know where South Bay is at?
Vice Chairman Plummer: Where South Bay is?
Mayor Carollo: Yeah.
Vice Chairman Plummer: Yeah, it over there just on the other side of Macclenny. [phonetic]
Mayor Carollo: OK, just making sure you are up with your geography.
Vice Chairman Plummer: Do you know where Macclenny is?
Mayor Carollo: I surely do. But, Macclenny is farther away from the lake.
Vice Chairman Plummer: Clarence Anthony, my very dear friend is the Mayor of South Bay who is
about to become the national president of the National League of Cities. A black gentleman from South
Bay who has come up through the ranks, he is a fantastic individual. I am sure I'll hear from him
tomorrow.
39 September 28, 1998
Mayor Carollo: Yeah, I was hoping you would bring that part up.
Vice Chairman Plummer: I doubt they got the tape.
Mayor Carollo: Thank you. Go ahead.
Ms. Barbara Lange: My name is Barbara Lange, I live 3495 Main Highway in Coconut Grove, and I
want to just give you my experience with ordering digital cable. I called up, I was left on hold for
probably 20 or 30 minutes, and they finally got me and they said... And, I said I need a custom job, I
have got all tile floors, you have got to have a custom job. So, they said... they say, OK, you are going to
have an appointment. Somebody calls, and I explained to them that every... there is going to be
somebody there, they come through, there will be somebody there. If I don't answer the phone, I am
walking the dog. Well, somebody calls up, you are not home lady, and hangs up the phone call, and you
know basically call back. So, I called back and I am left on hold again, and they... and I explained
again that, you know, somebody didn't show up. So, I get somebody that comes out and says, well, I am
not capable of doing a custom job, so he goes back. Somebody else comes out and says, doesn't speak
English and doesn't understand what a custom job is, and the third guy comes out and he... and I
explained to him, you know, this has to be done right, I have a nice home, I don't want wires dangling
over my entrance way. Well, they were entering... there were wires dangling over my entrance way. So,
when I called up to complain they sent out the sub -contractor that... that is basically blaming TCI, it's
their customer service are rotten. Well, I called TCI, TCI, oh, it's the sub -contractor. It's sort of like
you know, the three stooges here. And, it wasn't until I wrote a letter to everyone of you that I got a
response. Now, the worst part about this is the guy was so poorly in installing it, they knocked out my
phone lines and I had to call Southern Bell.
Vice Chairman Plummer: God forbid that you don't have a phone. Oh, oh, what a relief that would be.
Ms. Lange: And, you know it's important that I have a phone, J.L.
Commissioner Teele: That may have been the instructions.
Vice Chairman Plummer: What a relief that would be with her not having a phone. Oh, God.
Ms. Lange: Well, I didn't have it for two days. And, the Southern Bell man came out and said, "You
have a hard short that jammed my phone line." So, I ended... They ended up coming out finally when I
wrote the letter to all of you and to the County... and to the City Manager, and they fixed it, they... And,
the phone was... The phone line was fixed by the phone line by disconnecting. Now, I am not so sure
that these people, you know, have the best interest of the people in Miami and I want to give you all a
New York Times editorial piece about the "Resist to Urge to Merge." And, it talks about Federal Express
was not burned... born of a mega -merger, neither was Microsoft. Companies that become industry
leaders are marked by strong values, clear goals and better ideas. Now, I don't think Miami-TCI is
marked by any of this, and I want to give you this article. Thank you.
Mayor Carollo: Thank you, Barbara. By the way, how is the noise level in your end of the Grove these
days?
Ms. Lange: Much better. Thank you.
Mr. Newman: Gentlemen, I would just like to reiterate that based...
40 September 28, 1998
Mayor Carollo: I am sorry, it was you know, two minutes per individual. I have to be fair to everybody
else.
Mr. Newman: I would just... Just contact other cities, please. Ask them about their TCI experience.
Mayor Carollo: Thank you, thank you. OK, anybody else who hasn't spoken before that would like to
address us again? OK, then the...
Vice Chairman Plummer: Mr. Mayor, I am ready to make a resolution because I think it's the only thing
that we have the opportunity to keep alive and to try to get for the best deal of this City.
[AT THIS POINT, THE VICE CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE
PUBLIC RECORD.]
Vice Chairman Plummer: There is a motion by Commissioner Plummer.
Commissioner Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado.
Vice Chairman Plummer: Under discussion, Mr. Mayor. Very, very simply...
Mayor Carollo: Under discussion.
Vice Chairman Plummer: ... this just keeps everything alive. It keeps our attorney into the idea of
negotiations, and I might remind TCI that they better make them short because you are going to wound
up paying my lawyers, so you do what you want. I so move.
Commissioner Gort: Discussion.
Mayor Carollo: Discussion.
Commissioner Gort: Just a little question. All I want from you is the financials, where we stand as of
today? Who owes who?
Mr. Leibowitz: Financials...
Vice Chairman Plummer: Which financials?
Commissioner Gort: I have been reading the reports here where it says payment will stop at a certain
time, so we are all supposed to be, according to them, we are supposed to owe them one million
something. According to us, we owe four hundred and something.
Mr. Leibowitz: Yeah, if..
Commissioner Gort: If you have that information, I would like to get it.
Mr. Leibowitz: I can sit down with you or provide your staff...
Commissioner Gort: OK, we'll do that then.
41 September 28, 1998
Mr. Leibowitz: ... there are documents, and you have to walk through them. They are very complicated,
but I'll be happy to do that.
Commissioner Gort: OK, I would like to do that, yeah. Thank you.
Mayor Carollo: Call the...
Commissioner Teele: Mr. Mayor.
Mayor Carollo: OK, go ahead.
Commissioner Teele: On the resolution, I want to put on the record that I really think this whole notion
of hard wiring the City is an important financial consideration. I mean, I know that in some cases they
have set-up studios, they have done, you know, various activities. But, I really do think that our needs are
very clear. We have an obligation with the Oversight Board under this whole ITD, and I really do believe
that the financial commitment that they are making... I realize... Doesn't the...? Isn't there a
congressional cap on the franchise fee itself?
Mr. Leibowitz: On the franchise fee, correct.
Commissioner Teele: But there are all... there are all sorts of other financial incentives and I really
would be looking to that. Mr. Mayor, I apologize, but Ms. Lange just said something that is unbelievable.
TCI came to my house about two weeks ago and put the digital in, and the night they left my wife's
telephone stopped working. And, she said it must have been the cable. I say, they don't have anything to
do with it. Now, do cable people have anything to do with telephone? Because, I mean, within a matter
of an hour, it wasn't working. I mean, I thought she was... Do they have anything to do with...? Is that
possible, from a technology point of view? Ms. Lange had that experience, is it...?
Mr. Leibowitz: Well, not being an engineer, the only thing I would speculate is perhaps when they were
doing the wiring they somehow, you know, adversely affected your telephone line, but ... No, the systems
are two independent systems.
Commissioner Teele: So, they can't knock a telephone off?
Mr. Leibowitz: Well, I mean they could have cut the cord... the telephone line or nicked it or something,
but...
Commissioner Teele: For the record, I have got that interest and I am going to be calling them about
trying to get it resolved.
Vice Chairman Plummer: Time to call the roll.
42 September 28, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-913
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA, ADOPTING A PRELIMINARY ASSESSMENT DETERMINING
NOT TO RENEW THE MIAMI TELECOMMUNICATIONS, INC. CABLE
TELEVISION LICENSE, ORDINANCE NO.9332, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mayor Carollo: Item...
Vice Chairman Plummer: Seven.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Mr. Mayor, I think it's up to Mr. Leibowitz. Sir, you have this thing from TCI
which whether you got your fax or not, and would like to see you to respond to us as to after you have
read this document as to what you feel is in it, correct or not correct.
Mr. Leibowitz: My pleasure.
13. PERSONAL APPEARANCE: REPRESENTATIVES FROM ROD AND REEL - GRANT
REQUEST FOR USE OF WATSON ISLAND — FOR KING FISH TOURNAMENT (MARCH 12-
114, 1998).
Vice Chairman Plummer: I see that Commissioner Sanchez is exposing himself to my district, Mr.
Sanchez?
Commissioner Sanchez: If you don't mind...
Vice Chairman Plummer: Yeah, ah-ha.
Commissioner Sanchez: ... Vice Chair. We could easily change the name on it. Do you want to handle
it?
43 September 28, 1998
Commissioner Gort: Go ahead.
Vice Chairman Plummer: Go ahead. How much are they paying us? How is they paying us?
Mr. Albert Ruder (Director, Parks Department): They will pay us two thousand a day plus for any
personnel expenses that we may have.
Vice Chairman Plummer: OK, I only have one question in all honesty. Are they using to boat ramp area?
Mr. Ray Stormont: Yes, we will be, Commissioner.
Vice Chairman Plummer: OK, now what does that do to the public? Is it... is it still enough room there
for the public to use?
Mr. Stormont: There is eight ramps there and they are never very utilized anyway. And, this will be for a
period of about an hour.
Vice Chairman Plummer: Sir, are we talking about Watson Island?
Mr. Stormont: Yes.
Vice Chairman Plummer: And, you say the are not very utilized?
Mr. Stormont: Well, there is, there is never really...
Commissioner Regalado: They are very... They are utilized.
Mr. Stormont: I am there all the time. There is never really a back-up with the eight ramps.
Mr. Ray Stormont: Well, there is... there is never really... I'm...
Commissioner Regalado: They are, J.L. They are.
Mr. Stormont: ... I'm there all the time. There is never really a back-up with the eight ramps.
Vice Chairman Plummer: OK, all I am asking the question is, is in fact two, three, four of the ramps are
going to be left open for the general public?
Mr. Stormont: I don't see any conflicts, Commissioner.
Vice Chairman Plummer: Well?
Mr. Stormont: None at all.
Vice Chairman Plummer: Certainly then, I think that I think we need to... I have no problem, OK. But,
I just think that, you know those are public ramps and we must leave some of it open.
Commissioner Sanchez: Mr. Plummer I assure you we will leave two ramps open to the public....
44 September 28, 1998
Vice Chairman Plummer: That's fine.
Commissioner Sanchez: There is plenty of parking space in the area. It is a great facility to hold a
fishing tournament. This is for a great cause, a non-profit organization. It would be the King Fish
Tournament on March. We don't have the.... Do we have the exact date already? Somewhere in March
of 1999.
Mr. Stormont: Pardon?
Commissioner Sanchez: Do you have the date yet?
Mr. Stormont: Yes, March 12th through the 14, 1999.
Vice Chairman Plummer: Two days or three.
Mr. Stormont: It will be three days. It will actually be two days of fishing.
Commissioner Sanchez: I don't see a problem with it and so I would ask someone...
Vice Chairman Plummer: So move it.
Commissioner Sanchez: ... or I'll move it. I move.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Yeah. Ah, just... I'll second for purposes...
Vice Chairman Plummer: All right.
Commissioner Regalado: Just a thought. You are going to need security there because the problem what
we... that we have in that area is the stolen trailers. There is no light at that area, and you are going to be
parking this site next to the ramps, right? You are not going to cross across the street.
Mr. Stormont: No, no, we are going to be on the other side where... We are only going to use the ramps
for launching the boats.
Commissioner Regalado: OK.
Mr. Stormont: We are going to be on the other side.
Commissioner Regalado: If you are going... if you are going to be on the other side you need to make
sure that it doesn't happen what happened, remember Albert, the other time that we rented it to the
Convention Center that the people that wanted to go to the business to buy fish or to rent...
Vice Chairman Plummer: No it's on the other side.
Commissioner Regalado: ... they couldn't go...
Commissioner Sanchez: No.
45 September 28, 1998
Commissioner Regalado: No, no, no. He's saying... he's saying they're parking on that side.
Commissioner Sanchez: No, they are parking at the... right by the Miami Outboard Club, right there...
Vice Chairman Plummer: Yeah.
Commissioner Sanchez: They don't...
Vice Chairman Plummer: Yeah, not by... not where they sell the fish.
Commissioner Regalado: No?
Mr. Stormont: Well the actual tents will be erected in the vacant grass area that's...
Vice Chairman Plummer: On the west side of the road or the east side?
Mr. Stormont: That's on the what would be the south side of the... of the road where chalk's...
Vice Chairman Plummer: How are you going to keep the tents there when the helicopters take off?
Mr. Stormont: They're, hundreds and hundreds of feet away, Commissioner. There is....
Vice Chairman Plummer: OK, that's your problem. That's your problem.
Commissioner Regalado: No, no, J.L. J.L., it's not... it's not... What I am saying, what I am saying is
that they have to make sure that the people that operate the parking will let the people that are going to...
Mr. Ruder: Yeah.
Commissioner Regalado: ... visit the... the area pass through, because they had a problem the other time,
and they couldn't... either... They have to pay, and then, you know, it got complicated. As a matter of
fact, Mr. Ruder took care immediately, but...
Mr. Ruder: Yeah, yeah. Yeah, We'll work those issues out in the agreement that we execute.
Vice Chairman Plummer: Plus the insurance, plus the normal.
Mr. Ruder: Plus, the only thing that I want to add is that there is some construction activity that's going
to be going on in Watson Island. The City right now is finalizing those schedules, and I think they are
aware of it in general, but we will work with them to make sure that the areas that they are using does not
conflict with any construction activity that may be going on at that time.
Mr. Stormont: There, there...
Vice Chairman Plummer: Yes, and half of the fee we'll take and... you.
Mr. Stormont: There isn't any charge to attend this so that the public is... is invited to this event, and we
are not closing off any areas.
Commissioner Regalado: OK, that's fine.
46 September 28, 1998
Mr. Stormont: But in fact, we will be providing security during the events so the public will have
additional security above what they will get.
Vice Chairman Plummer: All in favor, say "aye"
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Sir, you are in business.
Mr. Stormont: Thank you. Thank you, Commissioners.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-914
A MOTION GRANTING REQUEST RECEIVED FROM
REPRESENTATIVES FROM ROD AND REEL TO USE WATSON ISLAND
(INCLUDING PARKING AND STAGING OF BOATS) FOR THE PURPOSE
OF CONDUCTING A KING FISH TOURNAMENT, MARCH 12-14, 1998.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
47 September 28, 1998
Vice Chairman Plummer: Item eight has been withdrawn. Mr. Leroy Jones, Executive Director of
Neighbors and Neighbors Association. Mr. Jones.
Mr. Leroy Jones: Good afternoon, my name is Leroy Jones, 7511 Northwest 22nd Avenue. I very rarely
come down here, but when I come down here I come down here for something that I think is real, real
important. And the issue I am here, down here, is because of Overtown. I received some calls from
some members of my organizations, NANA (Neighbors and Neighbors Association) that own
businesses in Overtown, and they were displeased about an article that was in the newspaper about
money that was supposed to be going to the Overtown district was funneled back into the Gusman Hall
Theater. I'll tell you why I am concerned about it, because I grew up Overtown and not having a clear
vision of what I wanted to be as a young man, as I got older I realized I wanted to come back into the
community and dedicated my life to the people that's not as fortunate as I am or we are. So, I want to
start by saying this, when are we going to be more responsible to the needs of the people in Overtown?
Vice Chairman Plummer: Excuse me, can I stop you for one second, please?
Mr. Jones: Yes, sir.
Vice Chairman Plummer: Have you made your thoughts known to the Manager yet?
Mr. Jones: Ah, no. I sent a letter to the Manager about this issue requesting...
Vice Chairman Plummer: And you have not met with him?
Mr. Jones: No, I haven't met with the Manager.
Vice Chairman Plummer: All right, Mr. Manager. Excuse me, this doesn't really apply to you, but it
does. Mr. Manager, again, nothing is to appear on this agenda that has not gone through the
administration first, because you know what's going to happen with this item and others that haven't gone
to you first, we are going to defer it over to you and delay it and we don't need to do that.
Mr. Jones: Can I say something, please?
Commissioner Teele: I don't think that's necessarily correct. Hold it.
48 September 28, 1998
Vice Chairman Plummer: OK.
Mr. Jones: Yeah.
Commissioner Teele: I... J.L., you have got one vote, and I have got one vote.
Mr. Jones: Yeah, that's...
Commissioner Teele: This issue has been on this agenda...
Mr. Jones: I am not going to let them...
Commissioner Teele: ... its been on this agenda for the better part of six months. Now I don't... I have
not discussed this with Mr. Jones, but the fact is very simple. Every citizen in this City as a matter of
right has the right to come before this Commission and petition this Commission. Now, whether we take
an action...
Vice Chairman Plummer: Without question.
Commissioner Teele: Whether we take an action is another matter. But, I would defend to the right any
citizen whether they go to the Manager or not, just know that if they don't go to the Manager, we are not
going to take an action. But, I really don't think any citizen should be told or the Manager should be told
don't put anything on this agenda if you haven't gone through it. Because what you are basically saying
is that a citizen has got to get permission from the Manager because there is a time factor...
Vice Chairman Plummer: And...
Commissioner Teele: No, no, J.L., this is a very important issue to me. And I am going to bring it up
again, tonight.
Vice Chairman Plummer: OK. All right, then I'll be quiet as it relates to this issue...
Commissioner Teele: Yes.
Vice Chairman Plummer: ... but we will discuss the policy later, OK? And I am sorry that I interrupted
you, but go ahead and proceed.
Mr. Jones: I didn't speak to the Manager per se, but I did have a meeting with someone from the
Manager's office, so I have done everything I was supposed to do as far as being listed on the agenda...
Vice Chairman Plummer: The only reason I brought...
Mr. Jones: ... and my concern. But, no I didn't talk... I didn't talk to...
Vice Chairman Plummer: The only reason I brought it up here, it says administration's recommendations
and there is none.
Mr. Jones: I understand, but if you would have let me finish...
49 September 28, 1998
Vice Chairman Plummer: You got it.
Mr. Jones:... Mr. Plummer, I would have told you. I didn't speak to the City Manager per se, but I
spoke to someone that works for the City Manager. I started doing a little research about the funds that's
supposed to be allocated for Overtown and its district. I gave you all copies of the information that was
registered in the newspaper article, and if you look at the copy at the last page you will see the Southeast
Overtown Park West District. On the second page you will see monies that was funneled from Off -Street
Parking in '93. I noticed that the City used the statistics for the poverty of the people in Overtown as far
as a new economic development, as far as police tactics and stuff. I noticed that the City used statistics in
order to get money for the redevelopment of Overtown. I have never seen the money taking place. I
have never seen, and I grew up Overtown. I have been living in Overtown from I was... from the time I
was six years old until I got seventeen, and I have never seen any changes being done so I was concerned
about the money that's supposed to have been allocated from Over... to Overtown and wanted to see the
redevelopment that's supposed to have taken place in Overtown. So I talked to a few people in
Overtown about this issue, about this money that's supposed to have been coming from parking, that's
supposed to have been earmarked to Overtown. And I listened to their concerns and their complaints and
they were saying that people that's highly respected in Overtown that had views about this money that's
supposed to have been going Overtown and... They was real concerned about it and all of them
mentioned that they came here at one time or another to talk about the money that was supposed to have
been coming from the arena parking expense and delivered to these redevelopment target areas and at
that time they were mentioning the board members that was on the board at that time. And it was a real
concern because they said no matter how many times they come down here, nothing's ever done. Nobody
pay no attention to them. And after thinking about it, I re-evaluated and I have seen that we have a lot of
more different board members, that's here on this board that probably would, and I am hoping and are
supposed to be catering to not only the districts that they are appointed to but for all the districts. Because
when you all were sworn in, you were sworn in to serve and protect and create a balanced structure for all
the communities in which the City of Miami is in. Do the Commissioners here care about Overtown? I
mean, do each one of you all really care, not only about the people who you are supposed to be showing
leadership in your district to, but the people in general as far as all of the people that live in the
community, even Overtown and Wynwood, and Allapattah, and Liberty City. Do you really care? And
the reason why this is so important because if this money supposed to have been earmarked to do
development in Overtown wasn't done, it seems to me that somebody don't have concerns about the
needs of the people. Because, I think, and maybe I am wrong, and I ride through there every day. I
thought Overtown was in real bad condition and it seems to me every time Overtown do get something
it's more polices (sic). And I am not saying, you know, we don't need polices because we need polices
for crime. But, we need a little bit more other than polices, because right now the Welfare Reform is
going to kick in and it's a lot of people in the City of Miami starting next month ain't going to have jobs.
What about this money? You know, if these people supposed to have jobs and we are supposed to be
concerned about them, and I ain't seen nobody from the City yet, really come out and tackle this issue as
far as getting the money that's supposed to be given to these people that's going to be unfortunate next
month. I see all the time, I see the Mayor and I see City Manager Warshaw when he was the Chief in our
community all the time about police issues, and I don't have a problem with that. But, I would like to see
them Overtown. I would like to see all you all Overtown about the concerns and the needs of those
people other than going to jail, because that's important. Because when one body of people suffers, the
whole City suffers.
Vice Chairman Plummer: Sir, how much more time will you need?
Mr. Jones: Not much. Not much. I don't be here much, Mr. Plummer...
50 September 28, 1998
Vice Chairman Plummer: No, I am just asking.
Mr. Jones: ....but please if I can be allowed to finish what I need to because it's important to me.
Vice Chairman Plummer: Do you need another two minutes, three minutes?
Mr. Jones: Yes, sir.
Vice Chairman Plummer: OK, fine. Put the clock on for three minutes. Give him three minutes more.
Mr. Jones: Is that fair, Mr. Plummer, I don't... I ain't seen the time on...
Vice Chairman Plummer: I asked you, sir.
Mr. Jones: Five minutes.
Vice Chairman Plummer: Put it on for five minutes. Take it away from Irby's time.
Mr. Jones: Where did the money go from the parking from the arena? That's why I am here. Not only
because I want to know where the money went that was designated for that community, I want to know
where all the money that's was supposed to went (sic) Overtown that earmarked to specially to do
redevelopment in Overtown. I am demanding that this board do a thorough investigation into all the
funds that came out that supposed to went to the CRA to do development, not only for Overtown but the
total all package, all the funding that was allocated that was supposed to went to target areas to do certain
redevelopment in the community. The community, me, we would like to know how much money it was
and we would like to know where the money went, what the money was used for because I think that's
real important. I am asking that this board today designate at least four people that will look into this
matter because it's important. Not only is it important to everybody, it should be important to everybody
up there. But, it's important especially to the people that suffer. Don't know whose mistake it was, if it
was a mistake. Don't know what happen really because I am just getting into the research to find out
what really took place. All I know is that the community that I love haven't been fortunate enough to
reap the benefits that every other community been getting. Let's see if we all agree development funds
went. I am asking you, Mr. Mayor, I don't know if you was listening what was going on, but I am real
concerned about the funds that's supposed to have been coming from the arena parking, the event parking
that's supposed to have been earmarked to do development in Overtown. I am concerned about it. I am
concerned why it never took place, why it isn't taking place. Why anyone haven't took initiative to make
what's supposed to happen to service the people who is in need because I think right now the people in
Overtown is more in need of all of us, and I might be wrong, but that's what I see. Would you all agree
that Overtown is being overlooked, mistreated? I know a lot of studies have been done in Overtown. We
probably got 900 studies everywhere about what we can do with Overtown and we spent a lot of money
on studies on Overtown. If we just had half of the money we spent on studies on Overtown, huh, I can
see a significant change being done. In the same package, Mr. Mayor, I don't know if you have any, but
I have got an extra copy. You got one? You will see a map, and the map shows the Southeast Overtown
Park and West district, this is the district. And if that money that was allocated from the parking
supposed to went according to what this resolution say. If it's supposed to went to the Southeast
Overtown Park and West district and it went to the Gusman Hall, if you look at this map, the Gusman
isn't in its boundary. It missed it a few blocks. If it's supposed to went there, why haven't it? Do we
plan to change this wrong that took place? I know it was a different board then, so I am looking for you,
Mr. Mayor, Mr. Plummer, Mr. Gort, Mr. Joe, Mr. Teele. Mr. Thomas, I am looking for all of you all to
please look into this, designate a board that will deal with this issue, that will look into the funds, all the
51 September 28, 1998
funds. Maybe, we can go back 15 years. Let's go back 15 years and see all the money that supposedly
went to the Community Redevelopment Authority that was earmarked for Overtown. Maybe we can go
back 15 years and see where this money went. How much money it was, what was supposed to have
been done with it and when are we planning to do what this board is supposed to do, because 1 know, and
everybody up here know that I know some money supposed to have went Overtown. One more statement.
Vice Chairman Plummer: Mr. McKnight. Irby.
Mr. Jones: Can I close, Mr. Plummer? Mr. Mayor, you wasn't here earlier when I stated that... I read
the newspaper all the time and I see you in the community. Not long ago I have seen you and Mayor
Penelas on 15th Avenue talking about the street level of drug activities. You all wanted to stop the street
level drug activities on 15th Avenue, and I commend you on that. But, I am waiting to see when you all
are going to come in Overtown with the news media just like you did with that, because Overtown is in a
state of emergency, too. I am waiting to see when you all are going to take the initiative, this full board,
and come Overtown and declare that you are going to dedicate some time and some resources to help
Overtown. Mr. Warshaw when you was... when you became the City Manager, I was happy, and I am
going to tell you why I was happy, you was, because...
Vice Chairman Plummer: All right, sir.
Mr. Jones: OK, I am finished. I am finished, Mr. Plummer.
Vice Chairman Plummer: Sir, I would like for you to wrap up.
Mr. Jones: I am wrapping up right now.
Vice Chairman Plummer: OK.
Mr. Jones: Is because if you dedicate the time into the community, the people in need like you did for
the Police Department, I know we will be well off. So, I am looking for that kind of dedication from you
and anything I can do, just give me a call. You know how to find me, I am always around. I appreciate
you all for listening. Thank you much.
Vice Chairman Plummer: Irby. Mr. McKnight. For the record, your name and mailing address, please.
Mr. Irby McKnight: Irby McKnight. My mailing address is Post Office Box 014396. Zip Code 33101.
When Mr. Jones asked me about his statement today, I was extremely happy to hear that someone else
had really noticed what our demographic had been being used for, for many years. So, when he said that
he was on the agenda, and he wanted support from the community, I said of course I will be there to
support you because I live in Overtown and I have lived there for 32 years. The past 32, and every day.
Mr. Jones mentioned briefly about police activities and crime. Well, I am happy to say that in Overtown
we have had the lowest incidence of crime in the City of Miami for the past five years. However, you
print that in your various publication, but I never hear you say that anywhere. I read it everywhere, and I
live there and know that the officers we have do serve us very well, and we are happy to have them.
However, we are here today to discuss what I call a loan from the tax increment financing district in
Overtown to the Gusman Theater on Flagler Street. You see, we have the Lyric Theater on 8th Street and
2nd Avenue and that is the theater of choice for me. However, I am not anti-Gusman, I think it's an
excellent European concert hall and that it should remain so. But, being in the African -American
community, I am like looking for something of my culture which the Lyric Theater is more than likely to
bring. If the loan is repaid to the CRA (Community Redevelopment Agency) along with interest, I am
52 September 28, 1998
sure the Lyric Theater will be able to entertain me and my family over the Christmas holiday when
everyone else is marching to the drum... to the beat of a tin soldier, the drummer, I'll be listening to, will
be bringing us Kwanza cheers. Thank you.
Vice Chairman Plummer: Ma'am. Your name and mailing address for the record, please.
Ms. Rosa Green: My name is Rosa Green. My mailing address is P.O. Box 14832, Miami, Florida
33101. Good afternoon, Commissioners. I am here... as I walked in I heard the word Overtown, and
Overtown to me is home. I am deeply concerned, and I am going to make it easy for you. As I listened
to the two gentlemen before me. They were asking a lot of questions. What happened, what happened to
this, what happened to that, which is very important. I am going to make it easy for you, I am not going
to ask what happened, but I would ask each of you before you start or when you start giving out the
monies you would think deeply to what you have heard here today, and think about Overtown. I know
we have gotten some bad... eh, bad... God, I can't even call it, when you get old you do forget what you
are trying to say, but I will get my message over. As a matter of fact, it's always Overtown is where all
the crime is and this and that. But, I want you know, I live in Overtown. I must admit having been here
in Miami for over 55 years, I have not lived in Overtown all that time. But I found out that Overtown is
a pretty good place to be. So therefore, since I retired now I don't have much of a choice and to let you
know it costs a lot for me to live in Overtown. Something like six hundred and seventy-five dollars
($675). My rent was raised the first time for... one time, two hundred and seventy-five dollars ($275).
So, therefore, I am very interested in Overtown. Again, I must say, I can't say, say that I haven't seen
some improvement within the last two to three months. Yes, I have, but they are band -aids. For
example, the park, I am truly proud for the things that you put there for the children to play on, but did
you take a look at Reeves Park with that stand that they have there? It's falling apart. They have one
restroom there for hundreds of children. As a matter of fact, they are using the trees for the restroom. I
see young boys going to the tree to do... to a call of nature. So, I want you to look at all these things
realizing that you're building the big arena, you have an arena, and we are poor people that live in
Overtown, and we don't want to fill... try to fill up that arena so to keep us where we live... living where
we are living and be comfortable, think. If I put a movie there, if I put something there like we used to
have, not that it was all of that. And I am here to tell you, because I used to frequent 2nd Avenue and a
couple of the hotels. We don't even have a hotel now. We had a Dorsey Hotel, Sir John, several small
hotels, we don't have any of that now. We have a lot of property there that could be developed. And,
Mr. Plummer, I saw you right near my house, as a matter of fact, as I was turning the corner. So, I know
what you see and if you haven't seen it, then take another ride and ride from Biscayne all the way back
over to A Avenue one street at a time. As a matter of fact, I would challenge all of you to do that.
Vice Chairman Plummer: The only reason I am not doing it today is because I am here. I do it almost
every day.
Ms. Green: OK, then you can help me. You can be just like I am even though you don't live there.
Those people need help, or we need help.
Vice Chairman Plummer: Thank you, ma'am.
Ms. Green: I am not finished yet.
Vice Chairman Plummer: Oh.
Ms. Green: Is my time up? I am not finished.
53 September 28, 1998
Vice Chairman Plummer: OK.
Ms. Green: Now, let's go back to the Gusman Center. Three times had... they have had a place supposed
to be coming there. Not that I can afford it, but I want my grandchildren to get into the arts. And three
times those plays have been canceled after we bought the tickets to go down there. Now, we have
another one coming up soon, or you all have it, somebody has another one coming up and I hope and I
pray that this one is not canceled. And speaking of money we have a lot of places to have shows where
we probably could get some money in Overtown, but they are not used. Maybe, you all can tell me why?
The arena. Somebody could book something there, a concert so we could even go there. We can only go
there when The Heat is playing and the hockey team and all of that stuff and all of us are not really
interested in those sports. So, I just want to say, when they said force... when... I feel like Abraham
Lincoln when he said "four scores and seven years ago our forefathers brought to this country a new
nation conceived in liberty and dedicated to the proposition that all men..." And what does all men
mean? Everybody. Not one race, not one ethnic group, but everybody should be created equal. I feel
that we are way... The scale is balanced like this, not like this and I am sincere. My grandchildren live
near there, but my grandchild live there. My great-grandchildren live in Overtown and we don't have a
lot of money to leave. As a matter of fact, I don't believe in leaving, I believe in staying there and trying
to make it better. And I believe everyone of you if you would get concerned we could make it better. I
thank you.
Vice Chairman Plummer: Thank you, ma'am. Commissioner Teele, this is your request. Do you have
any...?
Commissioner Teele: The item is placed on the agenda from Mr. Jones to the Manager, but let me say
this. In the budget hearing tonight there is an appropriate resolution that will correct the condition that
Mr. Jones specified which in all honesty, or in all technicality is probably inconsistent with the State law.
And that is, those resolutions that would reverse the instructions that were given to Mr. Odio to fund the
Gusman from whatever source by any means necessary kind of thing was administratively determined to
take these funds. There was no Commission resolution that directed it, it was a resolution, "get the
money from anywhere" and those funds inappropriately did go to Gusman. Those funds have been spent
by Gusman appropriately for the Gusman operation, but a new program has been put together. Tonight
as a part of the budget hearing there is a resolution that will restore and be consistent with State law those
funds back to the Redevelopment Authority where they are required to be maintained as a part of the
State redevelopment. But let me just say this, I think Mr. Jones actually has hit upon what I consider to
be one of the most important issues that we are facing as we move from these revenues. Mr. Manager,
one of the requirements that is in our ordinances are these so called "grant systems" and all of that. I
have asked the legal staff to prepare something tonight. Because, what has happened is grants have been
given to the Redevelopment Authority and to other organizations only to see the City, you know, double
back and snatch the money. I even hear that your staff is talking about trying to do something like that
now, which is going to be a holy war, a "Jihad", if that... if they try to do that in this day and age, OK.
But, organizations have been given grants. You remember the big issue of the MillerDawkins pool where
money went to the pool then the money was snatched and sent somewhere else and then it went back, you
know the swimming pools. You remember about five or six years ago, I am sure, Commissioner
Plummer? We have got to stop. We have got to stop this deprogramming of money or taking... of
earmarking money then taking it back under some administrative muse and then saying, because it went
there and then all of the calculations show that the money went in these places. I believe that one of the
things that the budget process tonight should bring about is an instruction to the Manager to begin a
process, an orderly process that will rectify this grant manipulation that has been going on back and forth
and I intend to act -up on what mister... pursue the issue that Mr. Jones has raised tonight as a part of the
normal budget process. So both issues I think can be and will be addressed tonight in the context of the
54 September 28, 1998
budget. A simple resolution repealing the resolution to get "by any means necessary" the money for
Gusman and that... those which was administratively done will be redirected back to the appropriate
place and then a process to begin looking at the various grants, year by year by year under our County...
under our City ordinance and be able to provide a report on where those funds actually went, because
none of those grants have been closed out.
Vice Chairman Plummer: Mr. Mayor, we are up to item ten.
Commissioner Sanchez: Ali, Mr. Vice Chairman, if I can have a minute.
Vice Chairman Plummer: I am sorry.
Commissioner Sanchez: These, you know, these are decisions that we made in the past that have come
back to haunt us. And, you know, it's really sad that money that was allocated, and maybe it was an
ongoing process that was being handled many years ago where money was being allocated to special
projects in our community, make a better community, and then the money was shifted around. And, let
me tell you something, it's hurt... And you know, I commend Mr. Jones, Mr. McKnight and Mrs. Green
for coming here. You are absolutely right, Overtown has been deprived of a lot of things. I commend
you, just like my district, Little Havana has also been deprived in a lot of places. Money that was given
to the elderly centers in my district for air-condition was also bypassed administrations taking out of
there. Of course, we were playing the game many... many years ago of putting a band -aid on a bullet
wound. We kept on patching little holes, and in the long run, here we are today paying for those
mistakes. So, I commend you for coming here. I wish that people in my district, and they do, will come
here also and complain about it. Because, you know what? In the long run everybody suffers on this
issue, and I commend you for coming up here and fighting for what you believe in. Let me tell you, I
have been here five months, but I'll guarantee you that I will not be a part of that. When money is issued
to a place, and I could almost guarantee you that this City Manager, our City Manager will not allow that
either because that was practice that was being done in the past and I don't think anybody in this
legislative body should allow it to happen. So, you have whatever it takes from me along with Mr. Teele
and whoever is up here, to make sure that if the money was promised to you, the City will find the money
and make sure you get it.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I think it is important to understand that in order for the City to continue to progress,
we have to bring all the neighborhoods to standards. There are certain neighborhoods that need... have a
lot more needs than other neighborhoods. And I think I requested it from the... especially from the
Economic Development from CDBG (Community Development Block Grant) funds that I think you have
done that. I am not sure if you have finished. We get the allocation of funds according to the different
neighborhoods and the need of those neighborhoods. And I think we should start allocating those funds
according to the same percentage that applies to the... to receive it. Now when it talks to grants, I think if
a grant is given to a particular use, we are committed to make sure that that grant is complied with and is
used the way that it applied so we will not get in trouble. So, all I can tell you is...
Mayor Carollo: Well...
Commissioner Gort: ... we are all for it here, I think all the people sit here they... I understand that we
need all... bring our neighborhoods all to same standards, and that's what we're trying to do right now.
There are some that need more help than others.
55 September 28, 1998
Mayor Carollo: Mr. City Attorney, Mr. Manager, I keep hearing the word grants. I don't know if I'm
missing something here. I thought this had to do with some lands that the monies that were derived from
the parking upon those properties were being sent to the Gusman Theater.
Mr. Donald Warshaw (City Manager): Here's my understanding of what happened, Mr. Mayor. There
was a commitment made over a period of years by the former Manager Odio that gave one million ninety
thousand dollars ($1,090,000) give or take of the revenues from parking lots around the Miami Arena to
the Gusman Center. That commitment is now fulfilled. Now I spoke earlier with Clark Cook just
anticipating this discussion. I don't have all the answers yet, and I have spoken with the City Attorney,
he hasn't seen...
Commissioner Teele: It never should have happened.
Mr. Warshaw: ... the contract.
Commissioner Teele: It never should have happened.
Mr. Warshaw: The issue is, number one, the Off -Street Parking Authority has in accordance with the
five-year plan made a commitment to give the City over the next five years minimum revenues including
for next year two point two million dollars ($2,200,000). The approximate two hundred thousand dollars
($200,000) that is the revenue stream from these parking lots which now no longer is committed to
Gusman, the question is whether it's part of two point two or in excess of the two point two. And, of
course, the Off -Street Parking Agreement is that two point two million is the minimum with the excess
revenues flowing to the City as well. I am not sure if what the agreement was with the CRA...
Commissioner Teele: No, the facts are wrong. But, your facts are wrong. The facts are wrong.
Mr. Warshaw: Well, Commissioner, if you could wait, when he's done then explain it. I am just trying
to get from both sides the facts...
Commissioner Teele: Yeah, but I think it needs to be very clear that the facts that are being discussed
right now are totally wrong.
Mayor Carollo: Well, then you know, you could correct it when they are done, they are explaining it.
Mr. Warshaw: I have asked the City Attorney to take a look at what the agreement was between the City
and the CRA when the land for the parking lots was deeded to the CRA.
Vice Chairman Plummer: That's the difference.
Mr. Warshaw: And then there is an issue of the fee that is charged by Off -Street Parking to run those
parking lots, both of which I am really not familiar with at this point.
Mayor Carollo: OK, so...
Mr. Warshaw: The real issue is how the land was deeded for development in Overtown which it was and
the question of where those revenues are to go. I wish Clark Cook was here because he has a lot more of
that information, and I...
Mayor Carollo: So, then... then this land originally belonged to the City of Miami.
56 September 28, 1998
Mr. Warshaw: Correct.
Mayor Carollo: And it was deeded to the CRA.
Mr. Warshaw: Yes.
Vice Chairman Plummer: Later.
Mayor Carollo: OK, can you research that whole process, Mr. City Attorney, because I think we have an
obligation to Overtown and all of Miami to clarify what transpired with that.
Vice Chairman Plummer: I'll give you a little bit of help, and that is, the property in question at the time
that the commitment was made was not in the ownership of the CRA. It was transferred at a later time
over to the CRA as well was The Arena. The Arena was receiving three hundred thousand dollars
($300,000) a year from The Arena to the City of Miami for the purposes of paying off the six million
dollars ($6,000,000) that they paid for The Arena. The property less the expenses of the investments to
fix -up the parking lots, plus the management fee was the excess revenues which in fact were pledged to
the Olympia... excuse me, Gusman Hall at the time that the money was sorely needed. It was not for an
ongoing, it was a backtrack of the monies that if not found, Gusman was gone. The people that came
here did in fact make that request and this Commission said to the Manager at the time, we would like to
keep Gusman Hall. We keep hearing the same story. We would like to keep Gusman Hall and in fact
that's where the money went to and that is no longer the case today. Today, those properties are in the
ownership of the CRA and as such have full control thereof.
Mayor Carollo: See, but what I am trying to ascertain is, the genesis on these properties when they were
transferred by the City did the CRA pay anything for them, was there any other agreements on those
properties, any other properties? And frankly, I would like to extend this beyond just these properties. I
really would like to find out where all the dollars in the past years that has gone through the CRA, where
have all those dollars gone to? Have they gone to administration, and we have seen very little in return?
Or have they gone in just one pit where we don't know where the money is gone? I would like to get an
accounting, not just in this particular issue that we are talking about, but I want to expand it a lot further
than that. I want to expand it to the last decade or more as to where all the dollars that this City has given
to the CRA, where has it gone? We need to show the people of Overtown where this money has gone to,
and I think that everybody would agree with that. Because, what we have got to make sure is, is that the
mistakes, the lack of administration that we have had in the past doesn't happen again in the future.
Commissioner.
Commissioner Teele: Thank you, Mr. Mayor.
Mayor Carollo: Commissioner Teele.
Commissioner Teele: Thank you, Mr. Mayor, and I really do appreciate your concern about Overtown
and the CRA in this context. Let me give you a little bit of history since everybody wants to give the
history. The money came from an effort by Maurice Ferre and Howard Gary and then the City Attorney
George Knox who came to Washington, D.C., sat in my office and convinced me, as the Urban Mass
Transportation Administrator that I should give the City of Miami ten million dollars ($10,000,000) for
the redevelopment of land around the Overtown station. In fact, the deed request, the deeds that
transferred the land which were recently done by, I think by attorney Shapo for the... for the MSEA
(Miami Sports and Exhibition Authority), will reflect that I signed all of the documents giving the money
57 September 28, 1998
to the City, so I have a little bit of knowledge about this. It was given to the City for the redevelopment
of Overtown pursuant to the vast streams that were in vogue at that time in 1982. It was thoroughly
understood that all of the funds for the redevelopment pursuant to Florida State law are required to stay in
the district. The simple fact of the matter is, is that in this case, some of those funds were diverted out of
the district as we have discussed as it relates to Gusman. The issue relating to Off -Street Parking has
nothing, nothing to do with the two million dollars ($2,000,000). Off -Street Parking has been managing
the parking lots for the City/CRA for some time. They get a percentage, they will continue to get a
percentage. The excess revenues which are projected to be two hundred and forty thousand dollars
($240,000) which were approved by the Commission, this Commission, at the last budget hearing and
approved by the CRA board at the last board meeting are part of next year's budget. And so, I would
welcome any audit of the CRA as I have requested the Finance Department to specifically instruct a
detailed audit for the last ten years of the CRA through the external auditor. But I want to caution you,
Mr. Mayor, and the Manager, and my colleagues about one thing. There is a lot of things happening in
Overtown now. A lot of people are nervous that something positive may really happen. I heard from the
City Manager's... from the City Manager's Office that there is talking even about deprogramming funds
that have already been allocated there, and that's what we just finished talking about. At least, that's
what Finance and Budget staffs are saying, that there is a memorandum which I would like Mr. Manager,
which I would like to get a copy under the Freedom of Information of any memorandums relating to
deprogramming of funds for the CRA.
Mr. Warshaw: There is no such memo, Commissioner.
Commissioner Teele: Well, it may be below you, Mr. Manager, but I am telling you, between your
Assistant Manager and the Finance Department, the Budget Department, and the Community
Development this is going on. And the only thing that I am going to ask this Commission to do is that the
CRA has been functioning for ten years, all of a sudden everybody is getting concerned about the CRA. I
am the Chair. Give me three years and if you are not satisfied then remove me, or two years. But I
really am beginning to wonder about some of the help and the audits, et cetera that you, Mr. Mayor and
others are getting ready to call for because what I think is really important is that I support the audits.
The audits have already been ordered by the external auditor, but the real issue here is let's get on with
the program development for Overtown into all those property owners and politicians that are concerned
that finally something is going to happen in Overtown. I have got bad news for you, you're right,
something is going to happen in Overtown and the reason something hasn't happened in Overtown. I
really do believe that there has been a conspiracy of silence, and inaction and neglect to keep Overtown
from being redeveloped because of one thing, Overtown isn't Overtown anymore in 1998. Overtown is
downtown Miami. Overtown is downtown, and as long as you can keep slums in Overtown, as long as
you can continue to finance these Section 8 mod rehabs in massive numbers in Overtown and to begin to
build the kind of poverty like we built on 61 st Street you are going to see Overtown property values stay
low. And people are buying up property in Overtown for the purpose of speculating and flipping it
because there is nowhere for downtown to go, but north and west. It can't go to the South because of the
Miami River. It can't go to the east because of the Atlantic Ocean and the only place downtown can go
now, is the north and to the west. And either way, you're bumping into Overtown and that's what a lot of
this is beginning to become about.
Mayor Carollo: Commissioner, let me try to clear as clear as I possibly can the topic that you brought up.
Precisely, for some of the reasons that you have gone into is why I am saying that we need to give an
accounting as to what's happened there. The silence that we have had in the last ten years and more on
the CRA is precisely why the CRA has accomplished so little. You are not responsible for what another
administration did there, and I don't want you to end up being responsible for some of the goings on that
went there. I want to know what so-called developers or as you've rightly mentioned in previous
58 September 28, 1998
meetings by what you called them, and they got upset at you, slum lords, have done with monies that the
CRA has given. Have they repaid some of those monies?
Commissioner Teele: Half of it...
Mayor Carollo: What have they done? We need to identify which of the people that created this pit, who
were the people that were responsible and see if there is anything that the City can do to go after some of
these individuals and get some of that money back. You know...
Commissioner Teele: I agree with you.
Mayor Carollo: I know some of the things that you have accomplished in the past. Remember, I was part
of this Commission back in those days. You visited with me, as you mentioned in different Commission
meetings. We are all in the same team in this. We just want to make sure that we are truly going to find
the dollars that have been wasted in the past and at the same time be able to put the most amount of
dollars in the best way to move forward on this.
Commissioner Sanchez: What... Mr. Manager, I'll yield to you.
Mr. Warshaw: Yes. Mr. Mayor, if I can make an addition comment.
Mayor Carollo: Sure, Mr. Manager.
Mr. Warshaw: Let me just say for the record this issue has nothing to do with reprogramming of money
or Overtown. But let me tell you what it does have to do with. There has been a new and heightened
awareness amongst the Department Directors as a result of the ordinance for second reading today known
as the anti -deficiency ordinance which I support 100 percent. And I have told the Department Directors
that they are to share with me, and not to be afraid to speak up in terms of the misdeeds of some of their
predecessors the way monies have been spent. And I have asked Ms. Warren and she has prepared a
memo for me which cites unfortunately, previous violations of federal laws as it relates to the allocation
of CDBG (Community Development Block Grant) monies. And I told her from this point forward those
things will not happen any more, because I don't want her to be the victim of another audit and then have
to go back and do that same thing again. So, all we are doing here, it has nothing do with a neighborhood
in the City. All we are doing here is ensuring that an appropriate and proper process is taking place every
time there is a fiscal impact whether it be on the general fund budget, whether it be on the CRA budget,
the CDBG budget, whatever it is. So, that's the only thing I'm asking your understanding in that we want
to be sure we bring to you proper, correct, accurate information in accordance with rules and law, and
that's all we're asking.
Commissioner Sanchez: Mr. Manager, it is our responsibility as a legislative body to ensure that that
doesn't happen anymore. I don't want to build bridges into the past. I think every Commissioner here
and everyone here wants to build bridges into the future. But, it goes back to stupid mistakes that were
made in the past and we're paying it as Commissioners. The citizens are paying it, our City is paying for
it because of poor management, poor decision making and we cannot afford to be a part of that anymore.
If money is allocated to a program it should go directly to that program and make sure it's used in that
program. And, if it's not, it should come back in front of the legislative body to decide what appropriate
actions need to be taken, and that's how good government should be run.
Mr. Warshaw: I couldn't agree with you more, Commissioner.
59 September 28, 1998
Vice Chairman Plummer: Can we move on? Mr. Mayor, are you going to move it or you want me to?
Mr. Albio Castillo: Come on, only two minutes on this. Come on, give me two minutes then.
Mayor Carollo: Well, we... I am going to be here, Commissioner until about a quarter of four. Did you
want to address this?
Mr. Castillo: Yes.
Mayor Carollo: Two minutes, then we move on.
Mr. Castillo: Thank you. I remember when you were Commissioner eight years, and I have been
through here a lot. My name is Albio Castillo, I live in 2386 Southwest 5th Street. I would like to ask
you this question. Where there is a parking ticket, who is going to collect, which department is going to
collect it, Off -Street or the other one? Nobody has mentioned that. Parking tickets, it's usually Off -
Street Parking.
Commissioner Gort: Neither one. The parking ticket fines go to the County then the County distributes
it.
Mr. Castillo: Who... then they share a part of it, so that means then we have to aggressively get...
Commissioner Gort: My, my...
Mr. Castillo: ... aggressively get...
Commissioner Gort: My understanding the share from the parking tickets come to the City of Miami
general funds. Correct me, if I am wrong.
Vice Chairman Plummer: Yeah, correct.
Mr. Castillo: That's what I wanted to know, thank you. Then that means we have to fight for money
from the County.
15. DEFER CONSIDERATION OF AGENDA ITEM 10 (PERSONAL APPEARANCE:
REPRESENTATIVE(S) FROM COCONUT GROVE CHAMBER OF COMMERCE TO 'REQUEST
PERMISSION TO PRODUCE SPORTS -ORIENTED COMMUNITY 'EVENT COINCIDING WITH
SUPER BOWL WEEKEND) TO NEXT MEETING.
Vice Chairman Plummer: Representatives of Coconut Grove Chamber.
Mayor Carollo: We are on item ten.
Commissioner Gort: They are not here.
Mayor Carollo: While we are waiting for them to come up...
Vice Chairman Plummer: They are not here. I'll move to defer it to the next meeting.
60 September 28, 1998
Mr. Donald Warshaw (City Manager): They are not here.
Mayor Carollo: They are not here?
Vice Chairman Plummer: It's the item... It's not really up for... until January, so it's no big deal.
Commissioner Sanchez: So, you want to defer it?
Vice Chairman Plummer: Well, if they are not here, yes, of course.
Mayor Carollo: OK. Well, just leave it for later on in the meeting, maybe they might make it.
Commissioner Sanchez: Well, how about if we just pass it, because I think it's a very important issue.
Vice Chairman Plummer: There have got to be some stipulations put in there.
Mayor Carollo: Yeah.
Commissioner Sanchez: All right, second on deferral if you want.
16. APPROVE EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11395 — ESTABLISH
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR "VICTIMS OF CRIME ACT,"
INCREASE SAID APPROPRIATION BY $35,000, 'CONSISTING OF A GRANT FROM THE
STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL.'
Mayor Carollo: Item 11, emergency ordinance.
Vice Chairman Plummer: Move it.
Commissioner Gort: Move it.
Vice Chairman Plummer: Second.
Mayor Carollo: It's moved by Commissioner Plummer.
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Gort before. Third by Commissioner Sanchez.. Can the
ordinance be read, please?
61 September 28, 1998
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11395,
ADOPTED SEPTEMBER 12, 1996, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS
FOR A SPECIAL REVENUE FUND ENTITLED: "VICTIMS OF CRIME
ACT," THEREBY INCREASING SAID APPROPRIATION IN THE
AMOUNT OF $35,000.00, CONSISTING OF A GRANT FROM THE STATE
OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT, AND TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY FOR THIS PURPOSE; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Sanchez, for
adoption as an emergency measure, and dispensing with the requirement of reading same on two
separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Sanchez, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATE ORDINANCE NO. 11697.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Mr. Manuel Gonzalez-Goenaga: Yes, I am afraid this is a public hearing.
Mayor Carollo: Excuse me, excuse me, excuse me. You are our of line here.
62 September 28, 1998
Mr. Gonzalez-Goenaga: Pardon me?
Mayor Carollo: You are out of order.
Mr. Gonzalez-Goenaga: Well, Mayor, on an emergency ordinance...
Mayor Carollo: What do you want to address yourself to?
Mr. Gonzalez-Goenaga: ... I am afraid, you check with the Attorney...
Mayor Carollo: Well...
Mr. Gonzalez-Goenaga:... it has to go through public hearing. Not like the...
Mayor Carollo: ... if you wanted to address this body, Mr. Goenaga, you had time to do it before.
Mr. Gonzalez-Goenaga: Well, I was here and nobody even looks at me, let me tell you.
Mayor Carollo: I am sorry.
Mr. Gonzalez-Goenaga: Well, I am more sorry, because I am entitled to be... And, I think, Mr.
Plummer...
Mayor Carollo: Mr. Goenaga, look, you are given more opportunity than anybody to address this body
outside of members of the Commission.
Mr. Gonzalez-Goenaga: Well, let me tell you something, Mayor...
Mayor Carollo: Yes.
Mr. Gonzalez-Goenaga: ... with due respect.
Mayor Carollo: Go ahead.
Mr. Gonzalez-Goenaga: As soon as I start speaking here, I am asked two minutes, half a minute, put the
clock...
Mayor Carollo: Well...
Mr. Gonzalez-Goenaga: No, no, no, I am not treated that well here.
Mayor Carollo: Well, you are given...
Mr. Gonzalez-Goenaga: You probably have been absent many times since you became Mayor. And let
me tell you, I am not either...
Mayor Carollo: Well, Mr. Goenaga, I have been gracious enough already, but you are out of order, sir. I
am sorry.
63 September 28, 1998
Mr. Gonzalez-Goenaga: OK.
Mayor Carollo: We are going on to the next meeting. For him, for the next meeting. We are going on to
the next item. A second reading ordinance, item number twelve.
Vice Chairman Plummer: Before you read it, let me ask... Is this the one that says that ten days shall
evolve before? Is... what does this actually do?
Mr. Raul Martinez: (Interim Assistant City Manager): Commissioner, this is basically, on item twelve is
clean-up wording for the...
Vice Chairman Plummer: Wait a minute, we are on item twelve?
Commissioner Gort: Twelve.
Mr. Martinez: Yes, sir.
Vice Chairman Plummer: I am sorry. I am sorry, I was looking ahead. My mistake. OK.
Commissioner Teele: Is there a budget analysis of the financial impact of this ordinance?
Mr. Martinez: We don't see any financial impact on this, but there is a tie-in to item 46-A on this agenda.
We are in the process of exploring a franchise of commercial solid waste pick-ups, and there is one of the
items on the code that ties us, that once a year we will renew the permits on October 1, 1998, and the City
Attorney has drafted some language that gives us some leeway should this Commission decide in the
near future to go to... out to an RFP (Request For Proposals) on this issue.
Vice Chairman Plummer: How about item 46?
Mr. Martinez: 46-A, it's a...
Vice Chairman Plummer: But this doesn't... It shouldn't... It should be noted, Mr. Manager, in the
future when one item on the agenda ties to another item, it should be so noted on both items that they are
in companion. It's not so noted here.
Mr. Alejandro Vilarello (City Attorney): Commissioner, these aren't companion items. These were...
This is an item that was coming through, and item 46 was added on with regard to commercial.
Vice Chairman Plummer: That wasn't his comments. I move item twelve, OK.
Commissioner Teele: Well, hold on a minute, J.L.
Vice Chairman Plummer: I am sorry, I thought you had your answer.
64 September 28, 1998
Commissioner Teele: Is this the item that I...? Is this the item that I worked with you on...?
Mr. Vilarello: Commissioner, you worked with my office on that... on this item.
Commissioner Teele: OK, again, 1 think these items should have in the Manager's statement, the
language that we've discussed. I realize that the Manager's memorandum is dated July 7th. I am going
to ask that this item be deferred because this item has a significant financial impact. The impact, Chief
Martinez is positive, OK. It's very positive, but this is the point, and Commissioner Regalado, I hope you
will bear with me on this, because I read that you have an emergency ordinance that you want to propose
that I fully support. This Commission bust our fannies for the last two years, I know, trying to create
revenue, OK. J.L., trying to create revenue. The revenue just gets dumped into the pot as we go all
through the year, and I think Commissioner Regalado has a resolution tonight that will basically provide
for the segregation of those unanticipated funds. But, the issue here, is that I really believe that we need a
sig.. we need a thorough budget analysis of this legislation and just because it's not going to cost money,
Chief, doesn't mean it doesn't have an impact. This should have an impact, I believe in the vicinity of
over one million dollars ($1,000,000), and it should be clearly recognized and it should be clearly a part
of the budget projections as we move forward. So, I am going to ask that this item be deferred to the next
meeting pending a budget analysis for impact of this ordinance.
Vice Chairman Plummer: There is a motion.
Commissioner Teele: Unless the Manager has got an objection.
Mr. Donald H. Warshaw (City Manager): I would just like Mr. Patterson to state something for the
record.
Vice Chairman Plummer: There is a motion by one of my colleagues for a deferment. It takes
precedent. There is a second to the motion. Speaking only to the issue of the deferment, is the only
issue to be spoken to, is there any further discussion? Hearing none, call the roll.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-915
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12
(PROPOSED SECOND READING ORDINANCE TO AMEND CHAPTER 22
OF THE CITY CODE ENTITLED "GARBAGE AND TRASH." WHILE
PROVIDING FOR NEW REGULATIONS CONCERNING THE DISPOSAL
OF TRASH; CREATE NEW ENFORCEMENT AND ADMINISTRATIVE
FEES, ET CETERA) PENDING A THOROUGH BUDGETAR ANALYSIS BY
THE OFFICE OF BUDGET AND MANAGEMENT ANALYSIS, AS TO THE
IMPACT OF SAID LEGISLATION.
65 September 28, 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: May I strongly suggest that the department get in touch with Commissioner
Teele. It is a budgeted item, and I think you need to get with him as quickly as possible and resolve any
questions he might have.
Mr. Warshaw: We will, Commissioner.
Vice Chairman Plummer: Good.
18. APPROVE SECOND READINGORDINANCE: AMEND CHAPTER 2/ARTICLE II OF CODE,
ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION" -- ADD LANGUAGE''
TO CLARIFY SECTION 4(G)(6) OF CHARTER AS IT 'RELATES TO REMOVAL OF CITY'
MANAGER BY MAYOR- ADD NEW SECTION 2-37 TO SAID CODE.
Vice Chairman Plummer: Item...
Mayor Carollo: Now, we are in number thirteen, second reading.
Vice Chairman Plummer: Now, this the one I had the question about. Is this the one, Mr. City Attorney,
is this the one that says that the City Manager stays in for ten days if he's fired by the City Attorney or by
the Mayor?
Mr. Alejandro Vilarello (City Attorney): Yes.
Vice Chairman Plummer: I got to tell you something, I am totally opposed to this ordinance. And, let
me tell you why I am. If a Manager is fired, rightfully or wrongfully, he has the right of appeal. But,
God forbid what a Manager who wants to get even could do in one day, much less ten. I don't know
anytime in the private sector where a man who is terminated or fired stays around. They tell him, clear
out your desk and you are gone, and there they don't usually have the process of asking for an
administrative hearing. I just can't envision having a Manager who has been fired, sticking around for
ten days in that capacity as a City Manager. So, I am just making my thoughts known on the record. The
man is fired, he's out, he has his hearing. If this Commission overrules the Mayor, he's back in. But,
until such time, in my opinion, he's out.
Mayor Carollo: Well, let me clarify something on this item. Unlike the previous item that Mr.Goenaga
got upset about that was an emergency ordinance, therefore there was no public discussion on that, these
are second reading ordinances, therefore there is public input on that. So, anybody that would like to
66 September 28, 1998
address the Commission on this second reading ordinance, if they can line up and give their names,
address and they will have two minutes.
Mr. Mariano Cruz: On... you said that twelve was deferred, right, or thirteen? I have it separate.
Mayor Carollo: Twelve was the one that was deferred, we are on thirteen.
Mr. Cruz: OK, thirteen, yeah. Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida 33142. In
addressing here the removal of the Manager by the Mayor, I say, it's not just so much concern about
timetable, I am concerned about the money problems later on happening to the City. So, we have to take
care of the money problems before. Because, just now I see here, later on item 33, we have to paying
over three hundred something thousand dollars for another Mayor's ego trip of not hiring Managers and
fighting and the whole thing. And, why don't... Why the... why a poor City like Miami, the fourth
what, poorest City in the United States had to be paying a third of a million dollars, over a third of a
million dollars now. So, I mean, you have... we have got to be very careful with all these ordinances
and legal things. Because according to what I see here in the budget and everything, all the money is
going to the lawyers, that's what I see here.
Mr. Manuel Gonzalez-Goenaga: Yes, my name is Manuel Gonzalez-Goenaga. I think I spoke on first
reading when it was going to be considered and with... with the of Commissioner Regalado
who this, the ten day issue. Mr. Regalado, I think I said at that time that to use it on a personal basis
when my wife told me to leave the house because she wanted to divorce me. I did not... Do you think
that I was going to wait ten days in that home with her? No, no, no. If she fired me, I left. And, let me
tell you, in a corporation when the president fires the executive vice-president or the board of directors
fires the president of the corporation, he's just fired. He doesn't have to wait until the next annual
meeting of shareholders to see if we reinstate the Manager. If I... if the management does not agree with
the way the president of the corporation is doing the job, he has to be fired. For heavens sake, wait. You
must be a fool... We must be a fool if we have to wait ten days to reinstate the City Manager. And, I
was a candidate and I am still a candidate for something here. I will speak as to that at five o'clock.
Thank you.
Mr. Albio Castillo: I usually don't speak so much, but I have a question, and I would like... My name is
Albio Castillo, I live in 2386 Southwest 1st Street. I would like to know since part of the two City
Managers, who pays for that if the contract has not been...?
Mayor Carollo: What is the question?
Mr. Castillo: Who? With the two City Managers that got booted out, who pays for their, who pays for
their salaries?
Mayor Carollo: There is one City Manager...
Mr. Castillo: Uh-huh.
Mayor Carollo: ... that had a contract, a valid contract...
Mr. Castillo: Uh-huh.
Mayor Carollo: ...that is the item as to the severance pay is up before this body today.
67 September 28, 1998
Mr. Castillo: Oh.
Mayor Carollo: The other City Manager, the one that I fired...
Mr. Castillo: Oh.
Mayor Carollo: ...he did not have a valid contract, it was never approved by the Oversight Board. And,
that particular Manager, if anything, we need to discuss monies that are owed to us that have to be
reimbursed back to the City.
Mr. Castillo: Yes, because the ten days would that help?
Mayor Carollo: Well, I have answered your questions, but the bottom line is, this ordinance should not
be looked upon as to whom the Manager was, whom the Manager is, whom the Manager might be or
which Mayor your have. This should be something that should be looked upon for the next 100 years or
more in this City's history.
Mr. Castillo: Thank you.
Mayor Carollo: Anyone else would like to address this body on this issue? OK, seeing no one then the
public portion of this item is now closed. Any further members of the Commission wish to express
themselves?
Commissioner Regalado: Yes, Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Regalado: I am ready to move on second reading this ordinance. And, I was listening to
some of the comments and I do not quite understand what we fear when we say that the Manager could
create harm in one day. The reason for this is to give what everybody here from the Mayor to the
Manager and to the members of the Commission wants. It's stability, not to have a situation where a
Manager is fired and then the Commission has to come back immediately. It gives time for a smooth
transition. I don't think that a fired Manager will declare war on South Bay, Florida or do crazy things. If
he were to do that, well it would end up in either in the State Attorney as some people have done or in
jail. So this is just to give the Commission and the Mayor and the Manager the possibility of having a
smooth transition and an orderly process. This is why I so move this resolution. Ordinance.
Mayor Carollo: There is a motion by Commissioner Regalado.
Commissioner Gort: Second. Mr. Mayor.
Mayor Carollo: Second by Commissioner Gort.
Commissioner Gort: Let me tell you, and the thing that we need to understand is, the Manager not only
works for the Mayor, but he also works for the Commission, and I think that's very important. And, I
think mainly the reason we are trying to avoid this is, put everything aside is, in the future if there is a
disagreement between the Mayor and the Manager, and we understand that the Manager needs to work
with the Mayor, we all understand that, but at the same time, they have to work with the Commissioner.
If the Manager, by any chance is fired because of certain misrepresentation, something that he's done
wrong, you can be assured that this Commission will be the first to follow it up and make sure that the
68 September 28, 1998
person get fired. But, for any reason, this Manager gets fired for any other reason that it's not with the
satisfaction of the Commission, it at least gives a chance for the Commissioner to work with them. And l
am with the Mayor, so we would not go through the same problem that we went before where we hired,
he was fired, where he was hired, he was fired. I think that's what we are trying to avoid in this
ordinance that's why I second the ordinance.
Mayor Carollo: There's a motion, there's a second. Any further discussion?
Vice Chairman Plummer: Read the ordinance.
Mayor Carollo: Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"ADMINISTRATION/MAYOR AND CITY COMMISSION," BY ADDING
LANGUAGE TO CLARIFY SECTION 4(g)(6) OF THE CHARTER OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT RELATES TO THE
TIME WHEN THE REMOVAL OF THE CITY MANAGER BY THE MAYOR
WILL TAKE EFFECT; MORE PARTICULARLY BY ADDING NEW
SECTION 2-37 TO SAID CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading, by title, at the meeting of June 23, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Teele, the ordinance was thereupon given its second and final reading title, and
was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS:
Commissioner Joe Sanchez
Vice Chairman J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11698.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Mayor Carollo: The ordinance passes three to two. I'll inform this body once I veto it.
69 September 28, 1998
Mayor Carollo: We are now on Item Number 14, second reading ordinance.
Commissioner Gort: Move it. Move it.
Vice Chairman Plummer: Second.
Mayor Carollo: It's been moved by Commissioner Gort, second by Commissioner Plummer. Can
you....?
Vice Chairman Plummer: Under discussion.
Mayor Carollo: Under discussion.
Vice Chairman Plummer: Mr. Manager, tell me what great strides you are doing to get this thing sold.
Tell me what great strides you are doing to get the Knight Center sold.
Mr. Donald H. Warshaw (City Manager): We are not close to getting it sold.
Vice Chairman Plummer: What?
Mr. Warshaw: We are not close to getting it sold.
Vice Chairman Plummer: But I mean, I think this Commission needs to have a memo from you updating
us on what efforts you are making to get rid of a four million dollar ($4,000,000) surplus. Just give it to
me in a memo. Thank you.
Commissioner Sanchez: I would like.... I have a question. How much money are we losing?
Vice Chairman Plummer: Four million a year.
Ms. Christina Abrams (Director, Public Facilities): I would defer to the Budget Department for exact
figures because we have the operating budget, we don't have the debt in our operating budget. I believe
it's about four million.
Commissioner Sanchez: Four million. What are we doing, and I know we are working hard with MSEA
(Miami Sports and Exhibition Authority), and other ideas that we can come up with. But, I think it's
important that you let the Commissioners know what strides you are taking to bring business back into
the City of Miami. And, I'll you, I was in... I went to the Panthers game, yesterday. And, let me tell you
something..
Vice Chairman Plummer: You did what?
Commissioner Sanchez: I went to the Panthers.
70 September 28, 1998
Vice Chairman Plummer: In Ft. Lauderdale?
Commissioner Sanchez: Yes, I did.
Vice Chairman Plummer: Can we charge a Commissioner with treason?
Commissioner Sanchez: Yeah, but wait, wait a minute.
Vice Chairman Plummer: You...
Commissioner Sanchez: I went to check out the facility, and let me tell you something. It is a very nice
facility.
Vice Chairman Plummer: You are uh, uh-huh. And I put your name up to become a Commissioner?
God forbid.
Commissioner Sanchez: But, wait a minute, this will end up in a nice tone. We need to do everything we
can...
Vice Chairman Plummer: Oh, my God, you didn't do that.
Commissioner Sanchez: ... to be competitive.
Vice Chairman Plummer: Did you go to confession when you left?
Commissioner Sanchez: No, no, I am just honest. I am an honest guy. I am going to tell you... I'll tell
you exactly how it is. I don't play any games. Let me tell you something, if we don't start being
competitive, the Knight isn't going to be the only white elephant we are going to have in this City, I'll tell
you that much. And, I know that you are doing everything you can along with the MSEA board and the
Mayor and the people involved in the MSEA board, to try to bring in business, and that's something we
need to do.
Ms. Abrams: I would like to...
Vice Chairman Plummer: Mr. Mayor, did you hear what he did?
Mayor Carollo: Well, I am sorry, I missed it.
Vice Chairman Plummer: He went to Lauderdale and watched a hockey game.
Commissioner Sanchez: Let it go, let it go. Let it go.
Vice Chairman Plummer: Isn't that treason? That dirty devil.
Ms. Abrams: I just want to point....
Mayor Carollo: Well...
Commissioner Sanchez: Hey, listen, I tried to bring them back.
71 September 28, 1998
Mayor Carollo: We'll have to change his mind once the Matador starts playing in October.
Vice Chairman Plummer: Well...
Mayor Carollo: You know...
Commissioner Sanchez: No, I am going to see them too, now. I am going to see them, too.
Mayor Carollo: ... at an affordable price that everybody can afford. They play a lot tougher hockey, so...
Vice Chairman Plummer: Ooh, Ooh, uh.
Commissioner Sanchez: Hey, I am working on getting the Miami Fusion back also, OK.
Mayor Carollo: Well, don't hold your breath on that one.
Vice Chairman Plummer: Ooh, tomorrow night we'll have a wake and viewing for Sanchez on
Southwest 8th Street.
Commissioner Regalado: Christina, are you going to raise also the parking rates, or just the facility.
Ms. Abrams: No, these rates are just to adjust to the market rate, and it's primarily for the rental of the
hall.
Vice Chairman Plummer: Just to the convention facility.
Ms. Abrams: The exhibition hall.
Commissioner Regalado: Not the parking, Not the parking.
Ms. Abrams: Not the parking in this ordinance.
Vice Chairman Plummer: All right, motion understood. Read the ordinance. Mariano, you wish to be
heard, make it quick.
Mr. Mariano Cruz: No, no, no. On number 15.
Vice Chairman Plummer: Call the roll on item 15.
72 September 28, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 53-181 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FEES
CHARGED FOR USE, OCCUPANCY, AND SERVICES AT THE CITY OF
MIAMUUNIVERSITY OF MIAMI, JAMES L. KNIGHT CONVENTION
CENTER; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 21, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Gort, seconded by
Commissioner Regalado, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11699.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Item 15, is there a motion?
Commissioner Sanchez: Moved, moved.
Commissioner Regalado: Yes.
Vice Chairman Plummer: Is there a motion?
Commissioner Regalado: Yes, motion.
Vice Chairman Plummer: Motion by Regalado...
Commissioner Sanchez: Second.
73 September 28, 1998
Vice Chairman Plummer:... seconded by Sanchez. Moved. Mariano.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street.
Vice Chairman Plummer: The clock is not running.
Mr. Cruz: Well, I am going to... I am not even going to use one minute.
Vice Chairman Plummer: OK.
Mr. Cruz: In here, just the issue concerning the illegal dumping of waste thing, whatever they do by the
market. What's going to be done to avoid that? Because, it's happening, the City's Solid Waste
Department is coming cleaning, and then later on the people come again, and dump again. And, we don't
need anymore... We even got the Florida Statute 413.403, it's there, you see. And, you got a City
ordinance and the whole thing. Impound the car, seize the vehicle, do all kind of thing. Arrest the
people, but since, probably there is no money involved in there to be taken to the Law Enforcement Trust
Fund, maybe they don't do it. Maybe if there some jumping arrest and they get five hundred dollars
($500) for the car, then they will be doing it. But, since there is a neighborhood...
Commissioner Regalado: But, it not that.
Mr. Cruz: ... affecting my quality of life.
Commissioner Regalado: But, it does that, Mariano.
Mr. Cruz: Uh?
Commissioner Regalado: It, it's...
Vice Chairman Plummer: This is a different item
Mr. Cruz: No, no, it says illegal dumping of waste.
Commissioner Regalado: Yeah.
Vice Chairman Plummer: OK.
Commissioner Regalado: They are going to impound...
Commissioner Sanchez: Mr. Vice Chair...
Mr. Cruz: That's all.
Commissioner Regalado: ... and then dispose the vehicles. That's what they are going to do. This...
Mr. Cruz: No, no, no, but people that dump the garbage around there.
Commissioner Regalado: They are going to seize, they are going to cease the car or their...
74 September 28, 1998
Mr. Cruz: ... tires...
Vice Chairman Plummer: Read the ordinance.
Mr. Cruz: Right.
Vice Chairman Plummer: Mr. Manager, I had a phone call from one of the Mothers Against Drunk
Driving (M.A.D.D.). She is concerned as we should be, about the idea that DUI (Drinking Under the
Influence) arrests are down. Who is indicating that they are down because of an article that appeared in
the morning paper. I think that we need to come out with a position paper that in fact, we are continuing
to make DUI arrests, we will continue to do them. And, that in fact, we have not reduced them because
of any article that appeared in the paper to make it unstable situation. We have to reduce it here, that's
what we are doing. But, I think that these people need to know that that article that appeared in the
paper, obviously does not appear to the City of Miami. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 42/ARTICLE V OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"POLICENEHICLE IMPOUNDMENT", BY PROVIDING DEFINITIONS,
REPEALING THOSE PROVISIONS RELATING TO THE SEIZURE AND
IMPOUNDMENT OF VEHICLES FOR DRIVING UNDER THE INFLUENCE,
AND BY ADDING A NEW PROVISION CONCERNING THE DISPOSITION
OF UNCLAIMED VEHICLES AND ILLEGAL DUMPING OF WASTE;
MORE PARTICULARLY BY ADDING NEW SECTION 42-120 AND
AMENDING SECTIONS 42-121, 42-122 AND 42-124; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE, PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 14, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11700.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
75 September 28, 1998
Vice Chairman Plummer: Item 16. Item 16.
Commissioner Regalado: Move it.
Vice Chairman Plummer: Moved by Regalado, seconded by Teele. Any...? Read the ordinance. Any
discussion? Call the roll. Except my district is District 2.
An ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 22, ARTICLE I, SECTION 22-12
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "WASTE FEES," BY EXEMPTING RESIDENTIAL
CONDOMINIUMS, AND RESIDENTIAL CONDOMINIUM ASSOCIATIONS
AND CO-OPERATIVES AND CO-OPERATIVE ASSOCIATIONS FROM
THE ASSESSMENT OF SUPPLEMENTAL WASTE FEES AS SPECIFIED
THEREIN; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 21, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by
Commissioner Gort, the ordinance was thereupon given its second and final reading by title, and was
passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11701.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
76 September 28, 1998
22. APPROVE SECOND READING ORDINANCE: AMEND SECTION 22-117(f) OF CODE
INCREASE ADMINISTRATIVE FEE TO TWENTY PERCENT, OF THE ACTUAL EXPENSES'
INCURRED BY CITY' WHEN CORRECTIVE ACTION IS TAKEN TO (REMEDY VIOLATIVE
CONDITION ON LOT OR PARCEL OF LAND.
Vice Chairman Plummer: Item 17. The expenses incurred when the City takes corrective action on lot
clearing. Moved by Plummer.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Sanchez. All right. Mariano. Excuse me, I want to back-up one
minute. Let me back-up one minute. Mr. Clerk, I would like to know on Item 15, how Mr. Sanchez was
absent and seconded a motion at the same time? You can tell me later. That's a cute trick, I want to
know how to do it? Item 17, Mariano.
Mr. Mariano Cruz: Yeah, Mariano Cruz, 1227 Northwest 26th Street. Here I am talking, that you want
to enforce this rule in the property, on the right property owners. That's about code violations and
everything making, keeping... I would like the City to take care of their own property. Like you go to
the Bobby Maduro Miami Stadium now, they did, they did some cosmetic things in the front there. But,
go there and see how much trash, and it makes you... gets its own grass, six three, six five tall. So...
Vice Chairman Plummer: Mariano, can I stop you? Let me tell you that I am going to invite you to a
meeting on Thursday morning at eight thirty, that I am now calling a meeting of the lot clearing program.
Your are going to see other items that are going to be forthcoming on lot clearing. We are going to put
some big teeth into this matter. We are going to clean this City, and I'll let you know, but you are more
than welcome in my office, seven thirty Thursday morning. And, Mr. Martinez...
Mr. Cruz: But, let the City starve by herself first, by the City.
Vice Chairman Plummer: Wait a minute.
Mr. Raul Martinez (Interim Assistant City Manager): You said, eight thirty. Its eight thirty or seven
thirty, Commissioner
Vice Chairman Plummer: Seven thirty.
Mr. Martinez: OK.
Mr. Cruz: I am working. I am working, maybe I send my wife there or somebody else, but not me.
Vice Chairman Plummer: OK, you are more than welcome to be there.
Mr. Cruz: I took the day off to be here today.
Vice Chairman Plummer: I am also asking, just for your information, for another Code Enforcement
Board who will deal solely with lot clearing, illegal dumping and abandoned automobiles.
Mr. Cruz: They have to do it. They have to do it.
77 September 28, 1998
Vice Chairman Plummer: I hope my Commissioners will back me.
Mr. Cruz: Right, thank you.
Commissioner Gort: Commissioner.
Vice Chairman Plummer: OK, Mr. Gort.
Commissioner Gort: I think a point has been brought up which is very important, and we have got to live
by the example. I think if we are going to have this ordinance applied to property owners, we are one of
the largest property owners in violation of this ordinance. So, we have got to make sure that we comply
with it.
Vice Chairman Plummer: That's right, City and the County. We are probably the largest, only surpassed
by the Cluc (phonetic) 90. I don't know what the hell that means by the way.
Commissioner Sanchez: Mr. Plummer.
Vice Chairman Plummer: The Cluc 90 owns more property than City and County that's in violation.
Mr. Sanchez.
Commissioner Sanchez: But let this be a law that's going to be enforced. I mean, let's really go out there
and do what we have to do. Set up the boards or committees you want to set up and do it, because it's
going to encourage the property owners to keep their properties clean.
Vice Chairman Plummer: I think you are going to be very, very pleased sir, in what this committee that
the Manager established. I went to the bathroom and became chairman, it's going to accomplish. Mr.
Goenaga.
Mr. Manuel Gonzalez-Goenaga: Very simple. Precisely what Mr. Sanchez said, but I am going to say it
in another way. And, this has been going on for many, many years, like 28 years that you have been
here, Mr. Plummer. The issue is, you always say here, "do the right thing." That's one of proverbs of the
Police Department. "Do the right thing." But, the hardest issue is, how to do the right thing. It goes,
everything goes in words, papers, meetings, more meetings and no action. Thank you.
Vice Chairman Plummer: Thank you, sir. Aye, aye, aye! Come on now!
Mr. Albio Castillo: Aye.
Vice Chairman Plummer: Your name is not "Boom -Boom."
Mr. Castillo: No.
Vice Chairman Plummer: You are trying to imitate him, be careful.
Mr. Castillo: No, but I know I have knowledge.
Vice Chairman Plummer: Go ahead.
78 September 28, 1998
Mr. Castillo: I have been coming here for quite a while. I think I should be able to... 23 years and three
part -times that makes 26.
Vice Chairman Plummer: Go ahead.
Mr. Castillo: I would like to know is, what your ideas is very good, but what about the equipment? Does
the City have the equipment to do it with?
Vice Chairman Plummer: The City will do it through private contractors.
Commissioner Gort: Name and address for the record.
Mr. Castillo: 2386 Southwest 1st Street, District 3.
Commissioner Gort: Name?
Mr. Castillo: Albio.
Commissioner Gort: Thank you.
Mr. Castillo: You should know my name by now. Thank you.
Vice Chairman Plummer: Read the ordinance 17, Mr. City Attorney. Mr. City Attorney, item 17, please
read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 22-117(f) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE
ADMINISTRATIVE FEE TO TWENTY PERCENT, OF THE ACTUAL
EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS
TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT OR PARCEL
OF LAND; PROVIDING FOR A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
79 September 28, 1998
passed on its first reading, by title, at the meeting of July 21, 1998, was taken up for its second
and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by
Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11702
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
Vice Chairman Plummer: Item 18, Commissioner Teele.
Commissioner Teele: Thank you, Mr. Chairman. This is a second reading. There was a public hearing
held in which the unions expressed a considerable amount of concern. I believe that the revised
ordinances have addressed their concern, but I do think it's important to note that this ordinance will not
affect any contract or agreement that is enforced as contained in the last provision. That language was
basically to... The Fair Labor Standards Act. And, I also would like to note that the union also expressed
concern about persons that approve overtime. And, this resolution as contained in, in... This resolution
on page five requires the department heads and a designated responsible person for overtime will be the
responsible officer so that everybody that's approving overtime will to some extent be immune. I must
say that I think the concerns that the unions are expressing are well found but, in some ways fly in the
face of financial responsibility. I have deferred, I think, to the unions concern on a number of things.
But, I think one of the real issues is this, Mr. Manager, non -supervisory employees as a general rule,
should not be the obligating authority for purchase orders, for work orders and miscellaneous activities as
a general rule. There were a lot of examples used about how employees are sent to Ace Hardware or
somewhere which sort of a blank purchase order in the back pocket, and I mean, it goes on and on and
on. I would hope that through the management process that we are able to pull in those, those... I don't
want to call them procedures, but those patterns or those activities that may be going on. Because, the
intent here is not to ambush some miscellaneous hourly employee or some non -supervisory person who
may have been asked to go pickup something at the hardware store was the example that was given on
several occasions. The police union also expressed the concern that sergeants, for example, approve
overtime. I have been told by the Budget Officer that that's not really the case. They may operationally
80 September 28, 1998
approve, but they don't create a budget authority approval of it. But, in deference to the unions, the
language so that everybody is clear, is that department heads will be held responsibility under this
ordinance for overtime, and that each department head may designate one individual to be responsible for
overtime providing that individual's name is furnished to you, the Manager and the Finance Director who
has responsible for maintaining this. When we look at the basic issues that bring rise to this ordinance, I
should say this, that this whole thing I think is being blown to some extent out of proportion. But, on
another level, I think one of the things that the League of Cities around the state and the inquiries that we
have gotten that suggest that this is something that other cities want to pattern could be one of the by-
products of a positive thing that has happened from our Oversight Board process. I would remind this
Commission that the Mayor's budget committee, as late as two months ago, Mister... Who is the
chairman?
Commissioner Regalado: Ray Goode.
Commissioner Teele: Mr. Ray Goode filed a report. And, much of this is drawn from the fact that Mr.
Goode found that there are still inappropriate and indecisive controls within the City process, and I found
that very, very hard to believe. This act which is totally different from the federal act, in that the federal
act is criminal and it applies to obligating authorities starting with Cabinet secretaries and sub -secretaries,
and administrators, right down through the line has no criminal provisions at all. It does have the much
talked about civil procedures and the administrative remedies. But, the teeth of this act is the following.
And, I really want to read this into the record so that it's not misunderstood, and it's contained in... on
page eight as bold "I". The Notification of the Deficiency. "... any Department or Department Director
and designee with the authority to verify the availability of funds..." That relates primarily to the Office
of Budget and Management. "...direct the obligation of the disbursement of City funds..." That phrase
references the term used for the finance department. "... which anticipates or has reason to believe that
the annual budget of a department may exceed the sum appropriated in the department (a deficiency)
shall immediately provide written notification to the Mayor, with copies transmitted simultaneously to the
Clerk, the Commission, the Manager and the City Attorney. Said notification shall include the cause of
the deficiency, the amount of the deficiency and the recommended remedial actions to cure the
deficiency." Mr. Mayor and members of the Commission, on three separate occasions my Finance
Director, a comptroller came in to me and said, "We think we have a problem. Shall we prepare the
notifications?" We began to prepare the draft notifications. Those notifications went to the Speaker of
the House, the Minority Leader of the House, the President of the Senate, the Minority Leader of the
Senate, and the President of the United States. That pressure on me and every other administrator was
literally enough to know that when you sent that letter, you better check your plane tickets to Washington.
Mayor Carollo: The only thing you forgot was Starr? Then you would be fine, yeah.
Commissioner Teele: They didn't exist. The Special Prosecutor didn't exist. But, the real intent here is
not to punish anyone, but it is to require that you notify the Mayor of the City and appropriate copies, not
to the Manager, not to your department head, but the Mayor. If you believe, if you have reason to believe
that a deficit has occurred, it is that notification provision that I think that is the teeth of this ordinance. I
know that the Manager is not going to want to have to send a letter saying that I believe, Mr. Mayor, that
we have a deficit, or a deficiency under this act, and neither will anyone else. And, so, it is in that spirit
that this act is presented. I want to also bring to the attention of the Commission, the attention of the
Commission, two things, two provisions. Number one, any pocket item as contained in this act that
provides that any pocket item goes forth must on page four, section one, must have a written
recommendation by the Manager in stating a written budget impact analysis for all budgeted pocket
items. That is incumbent upon the Manager through to the Budget Management and Budget Office to
provide an impact. And further, Mr. Manager, you are protected in case you made an error on the budget
81 September 28, 1998
implication, that if in fact it does, the implication of the pocket item or any legislation for that matter does
exceed the budget, that you have the right to return the item to the Commission for a subsequent budget
determination and subsequent legislative action. I think it's very, very important that we protect the
management to some extent from us. I think this has also been overwritten to some extent. I think the
pocket items don't have nearly the budget implication that the media or some would have us believe, but
at the same time, these are items that are done outside of the normal process. This ordinance puts them
back in the process, Mr. Manager, in terms of giving you the authority to have to give us a written
recommendation. And, finally, the act specifically applies to not only the Manager and the departments,
but it also applies to the Office of the City Attorney, the Office of the Clerk, the Office of the Mayor and
each individual Commissioners as it relates to not exceeding our budgets on an annual basis. And, the
same notification requirement would be applicable to a Commissioner who exceeds his budget or her
budget.
He would be required to notify the Mayor in writing of the budget deficit. In essence, I take no pride of
authorship. This is largely plagiarized from the federal law with the exception that the criminal
provisions are not contained in. It specifically has things that the union raised concerns about, about
departments holding back invoices for the end of the year, and then putting them over on the next year.
And, it basically says that you can't do that. You can't do it anyway. I mean, as a matter... I think the
Finance Department will explain why you can't do that, because if you incur the obligation, the obligation
should be booked. We are on a... on an obligation authority, and not a cash authority. So, it doesn't
matter when the check is written so much as it matters when you sign the purchase order of the invoice.
Mr. Attorney, I think you have some...
Mr. Alejandro Vilarello (City Attorney): Yes, Commissioner. You had directed me to confirm and make
sure that this ordinance did not infringe on the Manager's rights and our structure of government. And, I
had not had a chance to review the final drafts of this amendment or substitute ordinance, and I am
concern in some respects that might do that. And, I know that you had specifically instructed me to
make sure that that didn't take place. I wonder if perhaps, we can defer it, at least to the end of the
meeting so that I would have an opportunity...
Commissioner Teele: I'll be happy to defer it to the end of the budget hearing for the purpose of
reviewing it. And, I request it to ensure that in no way did it infringe upon the Charter provision,
although this does not give direction to any employee, it merely defines what conduct or what actions are
inappropriate based upon a regulation. And, obviously, it doesn't give the Commission the authority to
discipline anyone, fine anyone, or fire anyone. And, I want to make that on the record.
Mayor Carollo: Before I run out and I have to attend some City commitments that were canceled from
last week for today, on behalf of all us. Mr. Manager, I see that there is quite a few changes that have
been made here. I won't have the time to go through them. Have you been able to go through these
changes? And, if so, I would like your recommendations.
Mr. Donald H. Warshaw (City Manager): Mr. Mayor, I have just been given this...
Mayor Carollo: OK.
Mr. Warshaw: ... about two minutes before this item started, and that's why I have been kind of
shuffling the papers and reading it. And, there are an additional three pages that I have not seen and I am
not sure what they say and what the impacts are. So, I too...
82 September 28, 1998
Commissioner Teele: Well, let me do this. I think, so that everyone is comfortable, why don't we defer
this to the next meeting?
Mayor Carollo: Yes, that would be great, Commissioner. Yes, yes, that would be fine.
Vice Chairman Plummer: Let me ask a question. In the revision the thing that bothered me the most, is
the jail time taken out of it?
Commissioner Gort: Yes.
Commissioner Teele: There has never been jail time in this. This is civil.
Vice Chairman Plummer: I remember jail time.
Commissioner Teele: No, there was never... That was your statement.
Vice Chairman Plummer: And that's not "J. L. It's +a-i-I.
Mayor Carollo: That was only if you... That was only if you wanted to run for Congress.
Commissioner Teele: No, this has never had jail time. This is...
Vice Chairman Plummer: All right, then..
Commissioner Teele: Look, federal... You saw the federal provision which provided two years
imprisonment and a fine I think of fifty thousand dollars ($50,000), and on and on and on. This has no
criminal provisions at all.
Vice Chairman Plummer: OK. My final question in the item, even though it's going to be deferred. Is it
in fact subject to line item, line item, line item? Mr. Teele.
Commissioner Teele: I don't understand the question, Mister...
Vice Chairman Plummer: In other words, one line item in a budget shows overtime. If that is to be
exceeded or deficiency that's one letter. Is it a line item for salaries or personnel?
Commissioner Teele: It's every deficiency, every deficiency.
Vice Chairman Plummer: But, per line item?
Commissioner Teele: Per line item, yes.
Vice Chairman Plummer: Mr. Manager, you hear that?
Commissioner Teele: But, I want you to know, Commissioner Plummer this ordinance specifies that the
Manager has the authority to adjust individual departments up to ten percent of any department for the
first three-quarters of the year, without coming back to the Commission.
Vice Chairman Plummer: I'll vote for five. OK, the matter is going to be deferred, so we'll defer it out.
And, we will now go to item 19.
83 September 28, 1998
Mr. Villarello: To October 13th?
Vice Chairman Plummer To whatever... Commissioner Teele, October 13th agreeable?
Commissioner Teele: Is that the first meeting?
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: Yes, sir.
24 FIRST READING ORDINANCE: AMEND CHAPTER 2/ARTICLES X.'AND XI,, OF CODE OF
CITY ENTITLED "ADMINISTRATION/CODE ENFORCEMENT AND BOARDS, COMMITTEES,
COMMISSIONS T ALLOW CITY COMMISSION TO CREATE ADDITIONAL CODE
ENFORCEMENT BOARDS.
Vice Chairman Plummer: OK, we are now on item 19. I have asked for this item to be the possibility in
the aspect to create a Code Enforcement Board which would solely dedicate to lot clearing, abandoned
automobiles, illegal dumping as part of the scenario of the new committee and I would ask that this
matter be passed and I'll move item 19, if I get a second.
Commissioner Gort: Is this first reading?
Vice Chairman Plummer: This is first reading.
Commissioner Gort: Second.
Vice Chairman Plummer: Mr. City Attorney read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE X AND XI, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"ADMINISTRATION/CODE ENFORCEMENT AND BOARDS,
COMMITTEES, COMMISSIONS," TO ALLOW THE CITY COMMISSION
TO CREATE ADDITIONAL CODE ENFORCE BOARDS; MORE
PARTICULARLY BY AMENDING SECTIONS 2-811, 2-812 AND 2-892;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
84 September 28, 1998
was introduced by Commissioner Plummer, seconded by Commissioner Gort and was passed on
first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
25. APPROVE FIRST READING ORDINANCE: AMEND CHAPTER 2 / ARTICLE XI /- DIVISION
6. OF CODE ENTITLED "ADMINISTRATION / BOARDS, COMMITTEES, COMMISSIONS /
MIAMI SPORTS AND EXHIBITION AUTHORITY" -- ('1) ALLOW FOR EACH MEMBER OF CITY
COMMISSION TO SERVE ON MIAMI SPORTS AND EXHIBITIONAUTHORITY ("MSEA") FOR
PERIOD OF ONE (1) YEAR,,(2) DELETE` REQUIREMENT THAT APPOINTED COMMISSIONER
BE PRESIDING OFFICER OF CITY COMMISSION (3) DESIGNATE THAT MEMBERS'
APPOINTED TO MSEA SHALL SERVE FOR TERM OF NOT LESS THAN ONE YEAR.
Vice Chairman Plummer: Mr. Regalado, you wanted to take an item out of order. What item is it?
Commissioner Regalado: I... there is a 46-A, I understand has to do...
Vice Chairman Plummer: Yeah, that's where the Manager is cheating on us.
Commissioner Regalado: There is a lot of people here. It's Commissioner Gort's request, so if you want
to wait for Commissioner Gort's return.
Vice Chairman Plummer: Commissioner Gort, is he? All right, we'll wait for him to come back. All
right, item 20, the Sports Authority make up and how it will go. Is there a motion?
Commissioner Teele: What's the item?
Vice Chairman Plummer: Item 20, in relation to letting more than just senior members of the
Commission be the designated party.
Commissioner Teele: I'll yield to Commissioner Sanchez for the motion.
Vice Chairman Plummer: Commissioner Sanchez moves it, Teele seconds it. Read the ordinance. This
ordinance is called "Make Sanchez legal."
Commissioner Sanchez: Yeah, wipe the smirk off your face, J.L.
85 September 28, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI/DIVISION 6 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED: "ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS/MIAMI SPORTS AND EXHIBITION AUTHORITY," TO (1)
ALLOW FOR EACH MEMBER OF THE CITY COMMISSION TO SERVE
ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR
A PERIOD OF ONE (1) YEAR, (2) DELETE REQUIREMENT THAT THE
APPOINTED COMMISSIONER BE PRESIDING OFFICER OF THE CITY
COMMISSION, AND (3) DESIGNATE THAT THE MEMBERS APPOINTED
TO THE MSEA SHALL SERVE FOR A TERM OF NOT LESS THAN ON
YEAR; MORE PARTICULARLY BY AMENDING SECTION 2-1013(a) AND
(c) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
26. DEFER CONSIDERATION OF AGENDA ITEM 22 (PROPOSED FIRST READING
ORDINANCE: AMEND CHAPTER 2/ARTICLE XIOF CODE, AS AMENDED ENTITLED'
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO ESTABLISH THE` UNITY'
COUNCIL OF MIAMI ["TUCOM"]). TO MEETING OF'OCTOBER 13, 1998.
Vice Chairman Plummer: Commissioner Gort has asked that item 22 be deferred until the next meeting.
Moved by Sanchez, seconded by Teele that item 22 be deferred. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show unanimous.
86 September 28, 1998
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION 98-916
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED FIRST READING ORDINANCE TO AMEND CHAPTER 2,
ARTICLE II OF THE CITY CODE, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO
ESTABLISH THE UNITY COUNCIL OF MIAMI ["TUCOM"]) TO THE
NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Vice Chairman Plummer: Item 23. We got... I got to have a lot of discussion on this item. I really...
Commissioner Regalado: Do you know how many times this has been on the agenda?
Commissioner Teele: Yeah.
Vice Chairman Plummer: Yeah, I...
Commissioner Regalado: At least five or seven times.
Vice Chairman Plummer: Yeah, I... Can I be honest? I am not comfortable. I would like to go into this
a little bit deeper. I don't know about my colleagues on the Commission.
Commissioner Teele: Mr. Chairman, I would move that this be deferred for 30 days and to allow
everybody to really understand this.
Commissioner Regalado: I second that.
87 September 28, 1998
Commissioner Sanchez: Second.
Vice Chairman Plummer: Yeah, I... I don't know that I am opposed to it, I just really don't have the full
grip and the handle that I need to have on this.
Commissioner Teele: Well, to the next meeting in October then.
Vice Chairman Plummer: All right, we will put it out... No, until the 27th of October. A motion made
defer until the 27th of October.
Commissioner Teele: Does the City Attorney have a concern about this?
Mr. Alejandro Vilarello (City Attorney): Well, it's a personal concern which I would rather discuss with
each of you, but this does deal with parts of my compensation package which have been deferred...
Vice Chairman Plummer: Oh, then we'll make it in the December or January...
Commissioner Teele: Then can we make it the first meeting, and if we need more time, we'll defer it to
the second?
Vice Chairman Plummer: So be it. All right, we are deferring 23. Moved by Teele, seconded by Gort.
All in favor say "aye." Show a unanimous vote.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION 98-917
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23
(PROPOSED FIRST READING ORDINANCE AMENDING SECTION 40-250
OF THE CITY CODE, AS AMENDED, ENTITLED "RIGHT OF CERTAIN
PERSONS TO REJECT MEMBERSHIP" AS IT RELATES TO THE CITY OF
MIAMI GENERAL EMPLOYEES AND SANITATION EMPLOYEES
RETIREMENT TRUST ["GESE"]) TO THE CITY COMMISSION MEETING
PRESENTLY SCHEDULED FOR OCTOBER 13, 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.
88 September 28, 1998
AY.
Vice Chairman Plummer: Item twenty... Oh, wait a minute, Gort's back. What was his item? Oh, 46-A,
Mr. Gort, is your item...? Mr. Regalado has asked that it be taken out of your order. All parties wishing
to speak on item 46-A, please come forward. Mr. Gort, the floor is yours.
Commissioner Gort: I think this is an item that we have been... discussed quite a bit, and I think
Commissioner Teele has been after this one quite a bit. My understanding is, there is some delinquency
in the collections, and for this reason I would like for the staff to look into the idea of coming up with a
proposal where we can get some kind of franchise so we can get some money out front and make sure we
do all the right collections.
Vice Chairman Plummer: All right, is there a motion?
Commissioner Teele: Mister...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele This is Commissioner Gort's item. I think in light of the fact, even though I had
brought this item before, I think he's brought it forth now, that he should be given that opportunity. But,
I would like to have some comment once the item comes up for discussion.
Vice Chairman Plummer: All right, are you talking about today?
Commissioner Teele: I am talking about right now.
Vice Chairman Plummer: All right, Mr. Gort makes a motion, is it seconded by Teele? Under
discussion.
Commissioner Teele: Mr. Manager, there has been... This item has been up before. I would again ask
that you have your staff to research the record, the discussion, the concern so that we don't have to repeat
everything here. But, I want to be very clear about one thing. I am adamantly opposed to a provision that
would in effect create districts or zones. And, I am sure there are going to be those in the industry that
would prefer zones, those that would oppose. I think we should give the business owner with... this is
strictly commercial now, it relates to apartments, et cetera. I think we should give the business owner the
opportunity to select their provider of service unless there is some just compelling reason. I could be
persuaded for zones if there were... if you were to recommend this, and let's say on a Citywide basis
everybody pay two million dollars ($2,000,000), and on a zone basis everybody pay ten million dollars
($10,000,000). I mean, you would have my attention to start looking at those kinds of issues. But, absent
a large financial remuneration to the City of Miami, I really am afraid of the zones that have been
89 September 28, 1998
discussed in the past and I am just one person. If you have a professional recommendation that supports
zones, I'll be very respectful of your recommendation, but I really want to tell you that I think there
should be an overwhelming, compelling reason that we would deny anyone the opportunity to select from
among the vendors that we may propose who their vendor would be.
Vice Chairman Plummer: Is there a difference in your terminology between zones and districts?
Commissioner Teele: Well, zones, districts...
Commissioner Gort: No. It's the...
Commissioner Teele: It's the same. Citywide versus... The context is a Citywide franchise concept
versus something that divides the City.
Vice Chairman Plummer: OK, I have another question. And, I am asking you, Commissioner, because
you dealt with it in the County, as you said before. We have just removed condos from the terminology,
commercial. We are now speaking to commercial only. So, I think that I need to say to the Manager,
"Yes, commercial; no, commercial; condos, yes; condos no." All right?
Commissioner Teele: Commissioner, before you speak to the Manager, may I just tell you one thing as a
friend?
Vice Chairman Plummer: Sure, that's why I am asking.
Commissioner Teele: The definition that we you... that we have used in the context, I believe of the fire
fee...
Vice Chairman Plummer: Yeah.
Commissioner Teele: ... is a unique carving only done by deference, out of deference to you. It is really
not the state definition. It is really not the usual definition. And I think if you were to begin to try to
apply the carving that you have done on the fire fee to this, it would have some very real opposition,
because it really is a definition that was done based upon your deference.
Vice Chairman Plummer: I am merely asking for informational purposes to the Manager will know
which way we're going.
Commissioner Gort: Commissioner, my understanding is...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: ... when we talked about the different fee, we said the City of Miami will provide
services, sanitation services up to four apartments. Anything above four apartments, the City of Miami
will not provide it. So, that in itself should identify that anything that goes above four apartments will be
considered... they have to get a private hauler to do it. It's my understanding.
Commissioner Teele: That's right.
Vice Chairman Plummer: OK...
90 September 28, 1998
Commissioner Sanchez: If I may add?
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: One of the most important things in this is, the accountability of making sure
that these companies are collecting the money and also paying the City its revenue.
Vice Chairman Plummer: Oh, absolutely.
Commissioner Sanchez: Right now, one of the biggest problems is, the turnaround in all the companies
that are out there is that they are changing one from another, and accountability is lost. Therefore, the
City itself, loses a lot of revenue when these companies can't follow-up on their collection. So, one of
the things is, an industry that's out of control, the thing is that we must, as a legislative body here and
work together is to bring it back under control to make sure that the City collects what's due to them,
which is very important here.
Vice Chairman Plummer: I would also like, Mr. Manager, if I may, and that is, once again we find a way
to write into this ordinance that the providers... if a franchise becomes available, that in fact, they will
provide adequate sizes to hold the garbage that is coming from that particular locale. I think as we drive
around town and we look, and we see half, we see the dumpster is full, and that much half more on the
ground, has got to stop.
Commissioner Regalado: I...
Vice Chairman Plummer: And, I think it's very, very important. Mr. Regalado.
Commissioner Regalado: OK, Mr. Manager. Yeah. There, there... it seems that we are going to
approve the concept and that the Manager will be listening to proposals. I would like for the Manager
also to include in their talks with the different providers the fact that we need some kind of information, if
not assurance, that rates, commercial rates will not go up because of certain activities. If we do have that
we... I think that we will be serving the people of Miami. And the second issue is one that J.L. has
raised so many times and that you had already sent a letter to the providers, is that of cleanliness, the need
for... The need for having a comprehensive project in terms of Code Enforcement, in terms of working
with the company. In terms of the City having some leverage with the companies to address complaints
of residents. Because I was... I was talking to somebody and I remembered that one guy with a small
restaurant, he was having a lot of problems trying to get the trash picked up at other times other than
breakfast, because that was his time of making business and the City, in the past administration, I tried,
could not help this restaurant owner because the City had no leverage at all with the company. So, I
would like to direct you to include those issues. Not only the money issue, but the fact of the raises in
rates, and the fact of Code Enforcement and the fact of working together with the company to have a
direct, a point person. I mean, Clarance has a lot, and by the way, I would like to again, congratulate... I
did that in a memo, Clarance and your department. Because I saw Friday, Friday afternoon... Friday
afternoon, I saw your crews around two o'clock going... had not been, because of the County by the way,
closing their facilities, we would have picked up the trash on Thursday. I was out in the street until
Thursday night at nine o'clock in the night, and we could have picked up a lot had the County not closed
that. But having said that...
Vice Chairman Plummer: If you don't stop, they are going to want a raise.
91 September 28, 1998
Commissioner Regalado: OK, having said that, I think, Mr. Manager, I am ready to vote for
Commissioner Gort's motion, but I would like to include those issues in your talks.
Vice Chairman Plummer: Absolutely.
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I have a pocket item pertaining to this matter. If I could have your authority.
Vice Chairman Plummer: You have it, if you will read it immediately.
Commissioner Sanchez: Absolutely. This pocket item. To provide more efficient and better service
while creating economic benefit for the City of Miami and its citizens, the City must review their current
method of commercial solid waste collection. It is apparent that the commercial haulers do not have an
incentive to clean the City. In addition, certain haulers have not properly reported and paid their
franchise fee. Therefore, to ensure the payment of the franchise fee and the clean-up of our City, I am
introducing this resolution that would authorize the City Manager...
Vice Chairman Plummer: Quit editorializing and read the resolution.
Commissioner Sanchez: ... to issue a request for franchise proposal RFP (Request for Proposal) for
commercial solid waste haulers currently doing business within the City of Miami. The City Manager
will evaluate said proposal and submit them to the City Commission in ranking order for consideration.
Vice Chairman Plummer: Thank God.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Second. Under discussion.
Vice Chairman Plummer: Under discussion. Mr. Gort.
Commissioner Teele: What's on the agenda? I mean... I respect what my colleague is saying, but...
Commissioner Regalado: Well, we have to vote.
Commissioner Teele: ... what was Commissioner Gort's motion?
Commissioner Gort: Same.
Vice Chairman Plummer: Same thing.
Commissioner Gort: No problem, it's the same thing.
92 September 28, 1998
Commissioner Teele: But, I thought one of them said something about freezing the issuance of your...
Has anybody frozen or requested that the Manager not issue year long permits that go month to month?
Is that...?
Mr. Raul Martinez (Interim Assistant City Manager): Commissioner, in that...
Mr. Donald H. Warshaw (City Manager): That's what I am going to address right now. Because I think
it's ...
Commissioner Teele: Is that in anybody's language?
Mr. Alejandro Vilarello (City Attorney): Sure. What... we were going to address that issue with regard
to item 12, but the Commissioner deferred the item. The language that we were going to incorporate into
the amendments of Chapter 22 are as follows: "In the event that the City elects to utilize a franchise
system for commercial solid waste collection, those commercial solid waste collectors who posses a valid
regulatory permit and occupational license at the time such system is implemented and are not granted
franchise permits shall be reimbursed for the unused portion of said permit or license." That takes into
consideration those people that have applied... complied with the current law, but then an RFP (Request
for Proposal) is awarded or a contract is awarded to them in the future or others.
Vice Chairman Plummer: And, we also understand that this is just to start process...
Mr. Martinez: Correct.
Commissioner Sanchez: Absolutely.
Vice Chairman Plummer: ... OK. There will be fully public hearing in relation to the issue. Because I
know some of the condo owners have already approached me about it. Now, is there any... Mr. Gort.
Commissioner Sanchez: I'll let...
Commissioner Gort: Discussion. One of the things, Commissioner Teele, you mentioned, I think is very
important when you talked about the City as whole, people will not be... have the incentive to come up
with the additional fundings. But, if we create and they could come up with the idea of franchising
different districts, then they might come up with an additional incentive for the City of Miami. So, I think
we should look at all the options, and then all of this has got to come back to us. And, like J.L., has
stated, we'll have public hearings where people will make their statements. But, at the same time, we
want to make sure that we also have control on the pricings. Thank you.
Vice Chairman Plummer: OK, the final issue, Mr. Manager, give me your best opinion, I want a drop
dead time. Is it 60 days? Is it 90 days?
Commissioner Teele: Thirty days.
Vice Chairman Plummer: Thirty days? A day and a half?
Mr. Martinez: Commissioner, if I may say briefly, we hope that within 60 days, we'll come back in front
of the Commission. And, we're looking at issues such as price control, more monies for the City, quality
of service.
93 September 28, 1998
Vice Chairman Plummer: Well, let's do it this way.
Commissioner Sanchez: Which is very important, quality of service.
Mr. Martinez: Right.
Vice Chairman Plummer: OK, let's do it this way, sir. Within 30 days, you'll be back with an RFP for
this Commission to approve.
Mr. Martinez: And, Commissioner, I will say either an RFP or an RFQ (Request for Qualifications). We
are not sure which way is best for us.
Vice Chairman Plummer: OK, maybe both. All right, within 30 days. After that within 60 days
thereafter, it will be before this Commission for a final decision. OK. Now, don't go looking around.
It's going to be that way. OK. Now, take it from there. The only other question that I would like to add
in there... Mr. Manager, if you could. I have received a lot of complaints about the dumpsters next to
residential. This is the time to correct it. No longer 6:00 a.m., can they go banging these things next to
apartment houses and residents. Write into the ordinance that it's got to be at least seven o'clock where
our noise ordinance kicks in.
Mr. Martinez: Yes, sir.
Vice Chairman Plummer: It's enough of those people being woken up during the middle of the night.
All right.
Commissioner Teele: Well, well, let...
Commissioner Regalado: No.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: If you are going into that detail, I have got two specific concerns. Number one,
speaking of Overtown and a lot of other areas that have been deprived historically. Many of these
dumpsters are on the public right-of-way because there is no room for the dumpster on the property. We
need to address this as a part of this. I don't know what the solution is, but I do know that it is a very real
problem, and the attorney has a problem with recognizing this. But, I think it's a comp... To me, it's a
compensation issue. Anybody who has to have their dumpster on the public right-of-way ought to be
paying the City of Miami for use of our right-of-way...
Mr. Martinez: For use, correct.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: ... in my judgment. But there are some other issues that the City Attorney has got
concerns about. The second issue is this, your Audit Department, Mr. Manager, audited these
commercial haulers. Most of them are... Let me...
Vice Chairman Plummer: I saw it.
Commissioner Teele: Many of them are not charging not -for -profits, churches, government agencies.
94 September 28, 1998
Mr. Martinez: None of them.
Commissioner Teele: Huh?
Mr. Martinez: None of them are charging them.
Commissioner Teele: Then, none of them, OK. Now, see, this is where the City of Miami has got to
grow up and mature to being a real governmental body. If somebody doesn't have a problem paying
Southern Bell for their franchise fee, if they don't have a problem paying Florida Power and Light, then
why is there a problem paying the City of Miami. Because what we are doing, is we are hitting the
homeowners and the taxpayers to subsidize them. Every governmental body from the federal
government, the state government, the County School Board, any City, hospitals, anybody who is paying
Southern Bell their telephone bill, paying Florida Power and Light their light bill should be paying the
franchise fee to this City.
Mr. Warshaw: We are going to do it, Commissioner.
Vice Chairman Plummer: Shame on you. You all are going to go to hell. Next item. All right, a
resolution...
Commissioner Regalado: No, no, vote on it. Vote on it.
Commissioner Sanchez: We didn't...
Vice Chairman Plummer: All right, I am going to call the roll, are you ready?
Commissioner Regalado: Yeah.
Vice Chairman Plummer: Call the roll, please. Enough of this editorializing.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION 98-918
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR FRANCHISE PROPOSALS ("RFP") FROM COMMERCIAL
SOLID WASTE HAULERS CURRENTLY DOING BUSINESS WITHIN THE
CITY OF MIAMI ("CITY"), TO PROVIDE SOLID WASTE COLLECTION
SERVICES FOR ALL OR PART OF THE CITY; FURTHER AUTHORIZING
THE CITY MANAGER TO EVALUATE SAID PROPOSALS AND SUBMIT
THEM TO THE CITY COMMISSION, IN RANK ORDER, FOR
CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
95 September 28, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Tomas Regalado
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
29. RECONSIDER PRIOR DEFERRAL -- APPROVE SECOND READING ORDINANCE
AMENDING CHAPTER 22 OF CODE ENTITLED: "GARBAGE AND TRASH" PROVIDE NEW
DEFINITIONS ! NEW REGULATIONS `- CREATE'NEW ENFORCEMENT AND
ADMINISTRATIVE FEES.
Vice Chairman Plummer: Now, item 12 is in order. Who moves item 12? Come on guys. Item 12, in
reference to the administrative waste fee.
Commissioner Teele: Item twelve was deferred.
Commissioner Gort: Twelve. Move it.
Commissioner Regalado: Twelve was deferred.
Commissioner Teele: Twelve was deferred for a Budget... for a Finance...
Vice Chairman Plummer: Mr. Manager, speak to the questions raised. What he is... No, very simply, he
said to you folks, the money you are going to raise here, is it going back to the Sanitation Department to
run the sanitation or is it in fact going into the big bucket?
Commissioner Teele: No, no, that's really not my question. My question is, what is the financial impact
of this? How much money is it going to raise? The only time we hear about something is when we... it's
going to cost something. And, when we approve a budget, this is not in the budget.
Vice Chairman Plummer: And, it's second reading.
Mr. Martinez: And...
Commissioner Teele: So, let's just defer it for one...
Vice Chairman Plummer: OK.
Commissioner Teele: ... for one week. Let's get a good budget analysis on it so that when it comes in,
the money will go into this account being created by Commissioner Regalado tonight.
96 September 28, 1998
Mr. Raul Martinez (Interim Assistant City Manager): And, Commissioner the only thing we won't be
able to give you on this, we are not sure what the RFP (Request for Proposal) or the RFQ (Request for
Quotation) was going to give us. We can guess what the privates are going to be able to bid whether it's
a million, two million or ten million dollars ($10,000,000).
Vice Chairman Plummer: OK.
Commissioner Teele: OK, Mister... Commissioner Plummer...
Vice Chairman Plummer: Yes, sir. You have the floor.
Commissioner Teele: ... you have a problem moving it?
Vice Chairman Plummer: Are you moving 12?
Commissioner Teele: I'll move it.
Vice Chairman Plummer: You'll move item 12? Is there a second?
Commissioner Teele: Subject to the Manager providing us with a budget analysis.
Mr. Donald Warshaw (City Manager): We will get that to you.
Vice Chairman Plummer: OK.
Commissioner Regalado: OK, I'll second then.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Yes, I'll second it.
Vice Chairman Plummer: Read the ordinance on 12. Realize this is second reading. Call the roll.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION 98-918.1
A MOTION TO RECONSIDER VOTE TAKEN ON PRIOR MOTION 98-915,
WHICH HAD DEFERRED CONSIDERATION OF AGENDA ITEM 12
(PROPOSED SECOND READING ORDINANCE AMENDING CHAPTER 22
OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "GARBAGE AND
TRASH" BY PROVIDING FOR NEW DEFINITIONS; NEW REGULATIONS
CONCERNING THE DISPOSAL OF TRASH; CREATING NEW
ENFORCEMENT AND ADMINISTRATIVE FEES, ET CETERA).
97 September 28, 1998
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
vote below:
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND
TRASH", BY PROVIDING FOR NEW DEFINITIONS; PROVIDING FOR
NEW REGULATIONS CONCERNING THE DISPOSAL OF TRASH;
CREATING NEW ENFORCEMENT AND ADMINISTRATIVE FEES; MORE
PARTICULARLY BY AMENDING SECTIONS 22-1 THROUGH 22-6, 22-8,
22-9 AND 22-12, 22-14, 22-18, 22-46, 22-51, AND 22-93 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of July 14, 1998, was taken up for its second and final
reading, by title, and adoption. On motion of Commissioner Gort seconded by Commissioner Regalado,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: Commissioner Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11703.
Vice Chairman Plummer: All right, let me make two announcements. The first announcement is, that on
Planning and Zoning, the study relating to Coconut Grove has been deferred until the 27th of October.
Commissioner Sanchez: What item is that?
Vice Chairman Plummer: The next... Excuse me.
Commissioner Teele: Item?
Mr. Walter J. Foeman (City Clerk): PZ-8.
Vice Chairman Plummer: The item is on PZ. The other item is, that I will stop this meeting on the item
at five o five to go into budget.
98 September 28, 1998
30. FIRST READING ORDINANCE: AMEND CHAPTER 2JARTICLE XI OF CODE OF CITY
ENTITLED: "ADMINISTRATIONIBOARDS, COMMITTEES, COMMISSIONS TO ESTABLISH
CULTURAL AND FINE ARTS BOARD,
Vice Chairman Plummer: We are now on item number 24, Commissioner Regalado.
Commissioner Teele: What time was the Planning and Zoning meeting announced for, read for?
Commissioner Regalado: Yes, Mr. Vice Chairman. This...
Vice Chairman Plummer: It's first reading. You want to move it quick?
Commissioner Regalado: ... ordinance was deferred and I would like to present it as a motion.
Commissioner Sanchez: Second.
Vice Chairman Plummer: All right, sir. There is a second by Sanchez, read the ordinance.
Commissioner Gort: Which ordinance?
Vice Chairman Plummer: Twenty-four. Read the ordinance, Mr. City Attorney.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Mr. Manager wishes to be heard on the issue.
Mr. Donald H. Warshaw (City Manager): I would just like to add something, Mr. Chairman. On this
item and on item 19 and, Commissioner Teele you have made me extremely budget conscious. So on the
creation of new boards there is potentially a fiscal impact to administering them and providing whatever
support they need. I would like to be able to on this item, and item number 19, bring back at the next
meeting whatever that fiscal impact is.
Vice Chairman Plummer: I think you have an obligation to do such.
Commissioner Regalado: Absolutely. We will do it on the second reading.
Vice Chairman Plummer: All right, call the roll on item 19. Well, wait a minute, no. Was that the item?
Commissioner Regalado: No, twenty-four. Twenty-four, twenty-four.
Vice Chairman Plummer: Twenty-four.
99 September 28, 1998
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO
ESTABLISH THE CULTURAL AND FINE ARTS BOARD; SET FORTH
SAID BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDE FOR
TERMS OF OFFICE, OFFICERS, MEETINGS; QUORUMS,
REQUIREMENTS FOR MEMBERSHIP, ATTENDANCE, AND FILLING OF
VACANCIES AND TO PROVIDE FOR THE "SUNSET' REVIEW OF SAID
BOARD EVERY FOUR YEARS; MORE PARTICULARLY BY ADDING
NEW DIVISION 9, CONSISTING OF SECTIONS 2-1140 THROUGH 2-I143,
AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed on first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
31. RATIFY /'APPROVE / CONFIRM ACTION OF CITY MANAGER '= ACCEPT PROPOSAL'
FROM HYDROLOGIC' ASSOCIATES U.S.A., INC. -- FOR ENVIRONMENTAL TESTING AND
CONSULTANT SERVICES IN CONNECTION WITH SALE TO WINN DIXIE STORES, INC., AT
1145 NORTHWEST 11TH STREET - AT TOTAL COST OF $7,744.7 -- ALLOCATE FROM
ACCOUNT CODE NO.660201-240.
Vice Chairman Plummer: Yes, item 25. What is it? What is a hydrologic? That's water on the brain?
Mr. Lori Billberry (Director, Asset Management): Not exactly. In this purchase of, the sale of the
property to Winn -Dixie, it became necessary...
Vice Chairman Plummer: Oh, this is testing the contamination?
Ms. Billberry: Right, and refuting it.
Commissioner Teele: I move the item.
100 September 28, 1998
Vice Chairman Plummer: Moved by Teele, seconded by Regalado. Anybody wish to be heard? All in
favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION 98-919
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN ACCEPTING THE PROPOSAL
FROM HYDROLOGIC ASSOCIATES U.S.A., INC. (HYDROLOGIC) TO
PROVIDE ENVIRONMENTAL TESTING AND CONSULTANT SERVICES
IN CONNECTION WITH THE SALE OT WINN DIXIE STORES, INC. OF
THE PROPERTY LOCATED AT 1145 NORTHWEST 11 STREET, MIAMI,
FLORIDA, AT A TOTAL COST OF $7,744.75; ALLOCATING FUNDS
THEREFORE FROM ACCOUNT CODE NO. 660201-240; FURTHER,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH HYDROLOGIC FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS None.
ABSENT: Commissioner Joe Sanchez
32. RATIFY / APPROVE CONFIRM CITY MANAGER'S FINDING; OF EMERGENCY - WAIVE
REQUIREMENTS - APPROVE EMERGENCY PURCHASE OF PUMPER TRUCK FROM PIERCE'
MANUFACTURING, INC., FOR FIRE -RESCUE -'FOR TOTAL COST NOT TO EXCEED'$205,941
ALLOCATE FUNDS FROM FIRE -RESCUE ASSESSMENT FEE, ACCOUNT CODE NO.
313 23 3.289401.6.840.
Vice Chairman Plummer: Item 27. What happened to 26?
Commissioner Gort: It was deferred.
Vice Chairman Plummer: Deferred. Twenty-seven.
Commissioner Gort: A new pumper. Move it.
101 September 28, 1998
Vice Chairman Plummer: A new pumper. A new fire truck. Anybody opposed to a fire truck? Moved
by Gort, seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous. Twenty-eight.
Commissioner Gort: By the way, I want you to know I saw the one on Friday, the new one, it's beautiful
and it's great.
Vice Chairman Plummer: Yeah, all right.
Unidentified Speaker: Thank you.
The following resolution was introduced by Commissioner Gort, who then moved its adoption:
RESOLUTION NO.98-920
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES, AND APPROVING THE EMERGENCY
PURCHASE OF A NEW PUMPER TRUCK, FROM PIERCE
MANUFACTURING, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, IN
THE AMOUNT OF $200,941, WITH A CONTINGENCY COST OF $5,000.00,
FOR TOTAL COST NOT TO EXCEED $205,941.00, ALLOCATING FUNDS
THEREFORE FROM THE FIRE -RESCUE ASSESSMENT FEE, ACCOUNT
CODE NO. 313233,289401.6.840.
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS None.
ABSENT: Commissioner Joe Sanchez
102 September 28, 1998
Vice Chairman Plummer: Mariano, come on, I am trying to run through this as quickly as possible. I...
Mr. Mariano Cruz: Nothing important. This is tax money, too.
Vice Chairman Plummer: I hear you.
Mr. Cruz: No, rushing. It's lobby day, they come in and talk whatever they want to talk about. And, they
pay two hundred dollars ($200) an hour.
Vice Chairman Plummer: Are you talking about 27? Oye, you're talking about 27 or 28?
Mr. Cruz: No. Mariano Cruz. No. I know you want you want to go, but look it, we pay taxes to the
County, the County -wide tax. We pay the half percent for the trauma unit for the designated funding.
Plus, we pay all kind of things to the County. And then... and we serve the whole community in there in
Jackson. And, we have to pay them now, one hundred and nineteen thousand dollars ($119,000) for the
medical service, too? Why?
Vice Chairman Plummer: That's a damned good question.
Mr. Cruz: Find out. Why, we have to pay? We serve everybody in the community.
Vice Chairman Plummer: Because the law says we have to, all right. But, Chief, let me tell you
something. I am voting against the ordinance, and I'll tell you why I am. I am sending them a message.
You know, just exactly what Mariano said. When they needed money for that trauma center, I personally
took this matter before this Commission over a three year period for a million dollars ($1,000,000), OK.
Mr. Cruz: Right, Community Development money.
Vice Chairman Plummer. One million dollars ($1,000,000). We paid it out at three hundred thousand
dollars ($300,000) a year for three years, and then we paid the final fee of one hundred thousand. And,
for them to have the audacity to come back and charge me now to have this kind of money to pay to
Jackson Hospital, I want to tell you something. I love them dearly, they do great work, but they better
never darken this door again asking for money of this City Commission because I am going to be here to
remind them that they were charging me, not me, my people for this one hundred thousand dollars
($100,000) which I think is absolutely atrocious.
Fire Chief Gimenez: Mr. Commissioner.
Vice Chairman Plummer: Yes.
Fire Chief Gimenez: We need these services. Without a medical director, we cannot provide the...
103 September 28, 1998
Vice Chairman Plummer: I hear you. I am not arguing with... that we don't need the services.
Commissioner Gort: Let me ask a question.
Vice Chairman Plummer: My argument is, that we shouldn't be paying this amount of money.
Fire Chief Gimenez: We have already put out an RFP (Request for Proposal) on this...
Vice Chairman Plummer: Mr. Gort.
Fire Chief Gimenez: ... and they were the bidders.
Vice Chairman Plummer: Sir, I heard you. Mr. Gort.
Commissioner Gort: My question is, the medical director, does it have to be from the hospital or it could
be any doctors that can provide...?
Vice Chairman Plummer: No.
Fire Chief Gimenez: We put out an RFP asking for a medical director. Jackson Memorial Hospital was
the only responsive bidder to that RFP, and we need a medical director in order to operate our rescue
service.
Commissioner Gort: I understand. How many people that required or requested the RFP?
Fire Chief Gimenez: I am not sure. I am going to have to get that information. The documentations,
how...
Vice Chairman Plummer: Well, answer the question.
Ms. Judy Carter (Director, Purchasing): No, we sent in to all of the hospitals that are within the Dade
County area.
Vice Chairman Plummer: What about private doctors?
Ms. Carter: No, we have sent them to the hospitals.
Vice Chairman Plummer: Can I tell you that Coral Gables uses a private doctor who has no association
with any hospital, and that doctor was one of your evaluating committee?
Ms. Carter: Well, of course, he could not respond. In this instance, we also advertise this particular
solicitation to, so medical directors who could serve in that capacity would have been able to pick one up
and one did pick one up.
Vice Chairman Plummer: Hey, again, I realize we've have got to have. I realize it is important. I think
it is wrong to charge a City that kind of money for those services. Mr. Boom -Boom.
Mr. Manuel Gonzalez-Goenaga: Just a clarification. This will prove, Mr. Plummer that the public input
from here sometimes is more important that what you... than the Commissioners say. I think we have a
lot of much more common sense than most of you guys. Thank you.
104 September 28, 1998
Vice Chairman Plummer: Most people lost more in Cuba, so don't worry about it. Item... Did we call
the roll on that?
Mr. Walter J. Foeman (City Clerk): No.
Vice Chairman Plummer: Well, then who moved it?
Mr. Foeman: Twenty-eight. I need a mover and a seconder.
Vice Chairman Plummer: Who moved item 28? Nobody. Hello, item 28.
Commissioner Gort: What's the deadline for that?
Vice Chairman Plummer: What's the deadline?
Fire Chief Gimenez: Out current contract runs out October 1.
Vice Chairman Plummer: OK.
Commissioner Regalado: Huh.
Mr. Donald H. Warshaw (City Manager): Commissioner, our current contract is with the same provider.
So, if this doesn't pass, we are going to continue doing business with them, but on a month -to -month
basis which would cost us more.
Commissioner Gort: Right, OK.
Vice Chairman Plummer: You know, I can tell you this, to my colleagues, as much as I have a problem.
The City of Coral Gables is paying their doctor ninety thousand a year plus expenses. Now... and he has
to share that with two other doctors. So, as far as cost factors are concerned, I don't think the cost is out
of line if you went to the private sector. But, when you go to Jackson Hospital, who we gave a million
dollars ($1,000,000) to, that's where I have the problem.
Commissioner Gort: Not only that, but we continue to provide services, Police, Fire and Rescue and so
on.
Vice Chairman Plummer: Yeah.
Commissioner Gort: I mean, whenever they had a problem over there like I stated, about six months ago
they had a little problem, we had ten police cars. They were there for two hours trying to solve the
problem, right?
Vice Chairman Plummer: Tom, you want to add to the confusion?
Mr. Tom Gabriel (President, International Association of Firefighters): Yeah, just real quickly. Tom
Gabriel, Local #587, Miami Association of Firefighters. Please don't get these two issues confused. I
agree with both of you. We get taken by the County, day in and day out around here. But, it's a different
issue. Coral Gables charges ninety thousand, they probably go on about 10,000 runs a year which they
are responsible for. Out firefighter/paramedics in the City of Miami go on over 70,000 runs. You are
105 September 28, 1998
going to here about the collection coming up shortly, and it's going to talk about how much money it
bring in. But the bottom line is, we can't do that without a medical director. We have the best medical
director in Dade County. And, not only that, they listen to the radios and help us out when we need help
there, but also they are in charge of training.
Vice Chairman Plummer: The best that money can buy.
Mr. Gabriel: But, on the issue since you got into it with the County. There is dollars out there that you
can collect from the County or at least put forth some effort in trying to do so. And, one of those areas
is, the charges that they should be paying us for BLS (Basic Life Support) transport. I have tried a couple
of times to get that taken up. It's a small fish, it's only about five hundred thousand dollars ($500,000).
But, the County does charge the whole... all of our citizens in the City of Miami for (a) BLS transport
which we take none of it in the City of Miami. We should look to get a rebate on that, and that's where
your efforts should be.
Vice Chairman Plummer: Sir, do you know how many times I went knocking on that door for it, and
they just flat out said, "No way." Mr. Manager, what I think you ought to consider is a surcharge on
every rescue run of two dollars ($2) and that will pay for it. OK.
Fire Chief Gimenez: We will look into that, sir.
Vice Chairman Plummer: Again, I have no one moving... Moved by Gort, seconded by Sanchez. All in
favor say "aye."
The Commission (Collectively): "Aye."
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.98-921
A RESOLUTION, ACCEPTING THE FINDINGS OF THE EVALUATION
COMMITTEE THAT, PURSUANT TO THE REQUEST FOR PROPOSALS
("RFP"), PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY DB/A
JACKSON MEMORIAL HOSPITAL ("JACKSON MEMORIAL HOSPITAL")
IS THE MOST QUALIFIED PROVIDER OF MEDICAL DIRECTION
SERVICES FOR EMERGENCY MEDICAL SERVICE (EMS);
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH JACKSON MEMORIAL HOSPITAL, FOR AN INITIAL TERM OF
THREE YEARS, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED
$119,914, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL
TWO (2) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO.
001000.280501.6.260.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
106 September 28, 1998
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
34. DISCUSS /'DEFER CONSIDERATION OF AGENDA ITEM 29PROPOSED' REJECTION OF
PROTEST FIELD BY MEDAPHIS, INC. - IN CONNECTION WITH REQUEST FOR PROPOSALS
NO. 96-97-110 FOR EMERGENCY MEDICAL TRANSPORT BILLING AND/OR COLLECTION
SERVICES).
Vice Chairman Plummer: All right, item 29 is a rejection of.. What's this in reference to? To
Medaphis, Inc., a protest for medical transport billing.
Ms. Marva Wiley (Special Assistant to the City Manager): Yes, Mr. Commissioner, as the Fire Chief just
referred to, the Fire Department issued a Request for Proposal (RFP) for emergency medical transport
billing and/or collection services. The rankings were protested by the second and third ranked firms.
Medaphis was the second ranked firm. I mean, the third ranked firm.
Vice Chairman Plummer: All right, and then over in item 29-B, is a portion of this also which is to
hopefully choose one of the firms to be a provider. So, let's take it all up as one group.
Ms. Wiley: OK.
Vice Chairman Plummer: Twenty-nine, twenty-nine A, and item twenty-nine B.
Ms. Wiley: OK.
Vice Chairman Plummer: OK. So, I think first and foremost we need to hear from the administration...
Ms. Wiley: OK.
Vice Chairman Plummer: ... and their recommendation and why they recommend.
Ms. Wiley: OK, Mr. Commissioner. On April 27, 1998...
Vice Chairman Plummer: Now, hold on. Can we have this second meeting excused for a few minutes?
Go ahead.
Ms. Wiley: On April 27, 1998, the Purchasing Department issued a Request for Proposals for Emergency
Medical Transport Billing and/or collection services on behalf of the Fire -Rescue Department. Those
proposals were received May 27, 1998. After a selection committee meeting held on the week of June
1st, both the second and third ranked firms sought to protest the ranking citing several different issues
that I will try to review for you quickly. The first one from Medaphis suggested that the first ranked
107 September 28, 1998
proposal was not responsive on the basis of a "may" that was contained in the document. Sitting in for
Judy Carter who is the Chief Procurement Officer who was out of the country at that time, I concluded
that the "may" left the decision within the discretion of the selection committee. Because the point was
not omitted, it was addressed in the proposal though a particular number wasn't given. Recognizing that
the period of negotiation still exited, I did not find that a fatal flaw and considered the next point which
suggested that ADP contained misleading collection rates. ADP's proposal contained misleading
collection rate information. There was a dispute between what the Fire -Rescue Department felt was the
collection rate and what ADP represented the collection rate to be. That was put on the record, so that
was not an issue that was properly resolved within the selection committee. So, I did not think that to be
a fatal flaw as well. The third allegation that evaluators inconsistently applied the evaluating criteria.
Overall cost to provide... required services was the first point. The reference there is made to the pin -
based [phonetic] computers that Lockheed Martin's proposal contemplate utilizing. Because of what I
discovered upon analysis, the Lock... The pin -based computers come at no cost to the City, no direct
cost. So that seemed to be a whole irrelevant point. Bonus points and properly award to Lockheed is the
next allegation. The bonus points were incorrectly labeled as bonus points and thus the initial weight of
the criterion called approached the scope of work and work plan was...
Commissioner Gort: Excuse me, let me interrupt you a minute. Can we get somebody to quiet that
meeting outside there?
Ms. Wiley: The approach to work... The approach to scope of work and work plan criterion was
improperly weighed. That adjustment was weighed and although it narrowed the margin of the first-rate
firm... Narrowed the margin between the first ranked firm and the second ranked firm, it kept the ranking
the same. The last, well the last point that I feel is... warrants merit, is the points on local preference
criteria were not correctly awarded. That too... examine that point after the rest have been dismissed is
turning on one point which does not change the effect of the rankings. The final issue is, that Lockheed's
proposal is not in the City's best financial interest which was a conclusion, but it's left in the discretion of
the selection criteria. Additionally, I direct your attention to a memo that was faxed to you today which
deals with the impact of the different proposals. While on its face, it seems that Lockheed Martin's
percentages are substantially higher than that of the second or third ranked firms. If Lockheed Martin is
able to earn just... or collect an additional five hundred thousand dollars ($500,000), it pays for itself.
With the pin -based computers, the selection committee, the Fire Department and I, looking at this process
after the fact feel that that additional earning is not unreasonable, and you should also note that there is an
additional opportunity for negotiations and the Fire Department are both, just kind of prejudices the
negotiations a little bit thinks that there may be some opportunity for bringing those collection rates down
at some point. That is a summary of the first protest, that one submitted by Holland & Knight. Would
you like me...?
Vice Chairman Plummer: Is there any difference in the second and the third, I mean..?
Ms. Wiley: There are slight differences...
Vice Chairman Plummer: Yeah, the protesters, they weren't first. That's it.
Ms. Wiley: The second ranked firm, of course, doesn't say it misled on the collection rates. It makes a
greater deal of the bonus points that were incorporated in the initial scoring. And, I believe that covers all
their points.
Vice Chairman Plummer: OK, I am sure... Is the one for Advanced Data Processing, are they here? Mr.
Knox, you are representing them?
108 September 28, 1998
Mr. George F. Knox: Yes, sir.
Vice Chairman Plummer: All right, let me ask in all fairness. Can each of you live with five minutes?
Can each one of you, including Lockheed live within the five minutes? OK.
Ms. Mikki Canton: Five minutes for all of us, or five minutes per presentation.
Vice Chairman Plummer: Each.
Ms. Canton: Each.
Vice Chairman Plummer: Because if not, I am going to defer it until after budget.
Ms. Canton: No, it's all right, we can do it.
Vice Chairman Plummer: OK. How did you get to the microphone first? Who died and gave you the
authority?
Mr. Knox: I am a gentleman.
Vice Chairman Plummer: The ladies are first, without question. OK, Madam clock tender.
Ms. Canton: Thank you very much. Commissioner, City Attorney, City Manager, City Clerk. Thank
you for the opportunity to be heard this afternoon. My name is Mikki Canton, I am an attorney with the
law firm of Holland and Knight at 701 Brickell Avenue. And, I am here on behalf of Medaphis
Physicians Services Corporation. With me are my partners Laurie Thompson who will go into more of
the arguments. I am just going to set the ground work and Dick Moorhouse who is also going to be
speaking on this issue. Basically, Commissioners, this before you is really something that you need to
look at as a Commission, as opposed to just... We are not asking you to just turn away recommendations
you may have heard from your staff. We respectfully disagree with them, but I think what's before you
here is more than just that. This is an opportunity for you all to take a good look at numbers in front of
you and decide what is in fact, in the best interest of the City of Miami, and we are talking dollars. We
will argue before you that we believe that Lockheed Martin should not be recommended and awarded it
for two reasons. First of all, that the evaluation process is fatally flawed. And, we feel that legally there
is definitely a substantive argument here that we think would prevail very well in courts should be get
there, but that is not why we are here. We are here to try to let you have the opportunity to see through
this whole informational process, and make the right decision. And, second and I think something that is
extremely important to you, as Commissioners, is that this particular proposal by Lockheed would wind
up costing the City in what we believe, and this is our opinion, and you can ask us as many questions as
you want, that it would basically cost the City over a million dollars ($1,000,000). And, you are going to
hear this issue about pen pads and why this is so important, and why this creative idea is so important.
We need you to look at this issue separately, because if you want this type of pen pad or whatever this
type of computerized program is, we can make the argument that you should go out and bid it and then
find how much it's going to cost you, and I guarantee you, it's going to cost you a lot less than in the
aggregate, if you look at this Lockheed proposal. I am not going to take up my partner's time. I think
that they are prepared to give you the argument. Now, I would like to reserve, Mr. Vice Chair, if
possible, one minute just to wrap it up on behalf of my client at the end.
Vice Chairman Plummer: Quick.
109 September 28, 1998
Ms. Canton: Thank you.
Ms. Laurie Thompson: Thank you. Good afternoon, my name is Laurie Thompson, and I am also with
the law firm of Holland and Knight. My address is 701 Brickell Avenue, Miami, Florida. With me here
today is Joe McClosky, he is the Vice President of Medaphis and another partner with Holland and
Knight who is a expert in government contracts law who can answer some specific questions if you have
any. Again, we appreciate the opportunity to speak before you, and give you additional information
relating to this important decision. Medaphis or its predecessor companies, Automated Medical Service
and Consolidated Medical Service have been providing this service to the City since 1990. In 1992, the
City decided to split this contract to the current vendors ADP and Medaphis together, and that's been
since, since... that has been happening since 1995.
Vice Chairman Plummer: Go ahead, go ahead.
Ms. Thompson: OK, OK. All right, briefly I want to go over the basis of our protect that has been
somewhat discussed prior by your staff, but I want to give you a little bit more detail. The evaluation
process was fatally flawed because it was conducted in a manner inconsistent with the expressed terms of
the RFP (Request for Proposal). And the basis of this is the fact that the evaluation criteria which were
identified in the RFP and which the proposals relied upon in putting together their responses did not
include any points for the submission for an innovated approach to the billing and collection services. If
you look at the RFP, specifically, the evaluation criteria are: proposer's qualification and experience;
collection rates of proposers; approach to scope of work and work plan; fee proposal, minority women
participation and local preferences. Nothing to do with this innovative approach. Therefore, apparently
only Lockheed Martin was made aware of the fact that the City was really looking for this, and it was
going to be very important in deciding whether or not to make the award. So this is clearly an error in the
procurement process, and it's prejudice to the parties who were not informed that an innovative approach
would count heavily. Now, some may argue that Lockheed should not be prejudiced by this, but this is
not... this is not the point. The point is, that the RFP did not inform the offerors, all of the offerors that
any points would be given for innovative approaches. The scoring sheets show that the offerors were
given points, and those points should be deleted from Lockheed's... from the total consideration. This
error was compounded by the fact that the evaluation process gave no opportunity for eitherMedaphis or
ADP to show why Lockheed's supposed innovative approach will not work. And, this is really important
to the City, and the financial issue, because what Lockheed is proposing is to give you...
Vice Chairman Plummer: Go ahead.
Ms. Thompson: OK. Is to give the... Is to loan the City 21 pin pads. You are not even going to own
them, they are just loaning them to you. And, what they are saying is, this is going to allow them to
increase by 30 percent the amount of money that is collected in the... through this service. Well, we
would contain, and we never got the opportunity to say it, and we appreciate the opportunity to say it
now, is that there is not 30 percent out there to collect. The rates that we have gotten, that we have been
collecting is 74 percent. May I continue? OK.
Vice Chairman Plummer: You have used up your time.
Ms. Thompson: It's 74 percent, and when you count bad debt and legally uncollectible things like
Medicare ad Medicaid, there is not an additional 30 percent out there. So, even if this is the greatest
technology ever, they can't collect it. So...
110 September 28, 1998
Vice Chairman Plummer: OK.
Ms. Thompson: OK, OK.
Vice Chairman Plummer: You want one minute to wrap up?
Ms. Thompson: Let met get one minute to wrap up and just show you the money part, is that all right?
Vice Chairman Plummer: One minute.
Ms. Thompson: OK, all right. Again, under Lockheed... under Lockheed's proposal they proposed to
charge the City ten percent for the first three million and twenty-five percent for the next one million
collected. And, this is... this chart demonstrates this on an annual basis, and the difference between their
proposal and ADP's and Medaphis's proposal to the City on an annual basis is, is over a four year period
is one million eighty thousand dollars ($1,080,000). That is for the privilege of using their pin pads. This
though, may not be the whole story, and this may be a very conservative estimate because the way that
the RFP was written, and the way that they made their proposal, we are doing this on an annual basis. In
that, after the first three hundred thousand, or the first three million annually, what you may have, and
what it was really, I think what their proposal was is, to say after the first three million on the four year
contract, they get twenty-five percent. So, that increases it by over... The difference will be over three
million dollars to the City. And, that is something that I think is very important that this Commission
should consider and I appreciate the opportunity to speak before you today.
Vice Chairman Plummer: Thank you, ma'am. Mr. Knox, you have seven minutes in the interest of
fairness.
Ms. Wiley: Mr. Plummer, may I rebut to those points, just before we get to a new set?
Vice Chairman Plummer: Yeah, you want... Sure.
Ms. Wiley: OK, the first item I would like to bring to your attention in the fact that innovation was cited
as something that would be considered by the City in two separate places within the criterion approach to
scope of work, and work plan. Nothing in... None of the evaluation criteria do we explain which sub-
categories go into deciding what the overall criterion will be scored as. The weight is talked about in the
RFP and we insured that the weight was maintained, or the integrity of the waiting system was
maintained in evaluating this protest. The second thing you should note is, theMedaphis representatives
cite that there was no opportunity to show why it wouldn't work. That opportunity existed during this
election committee process. They had the opportunity to know at that time what Lockheed Martin was
proposing and if they had any suggestions as to why the process wouldn't work, that was the time to
advance those concepts. But in the review of the protest, that's not the time to talk about the meat of the
proposal, it's the time to evaluate the process. Thirdly, it was suggested that the procurement of the pin
pads should occur in a different place. Beyond the pin pads themselves, the Fire -Rescue Department is
getting training, consistent upgrades, and that is part of the process, not a separate procurement and it
wouldn't be in the City's best interest to do it as a separate procurement.
Vice Chairman Plummer: Mr. Knox, you have seven minutes, sir.
Mr. George F. Knox: Thank you, Mr. Chairman. For the record, my name is George F. Knox, I am an
attorney with offices at 2601 South Bayshore Drive.
111 September 28, 1998
Vice Chairman Plummer: Excuse me, Mr. Knox. Could we have somebody, Mr. Manager, move these
out of the way at the present time, in fairness to Mr. Knox.
Mr. Knox: Well, I didn't mind you looking at them, because for the record, I would like to also indicate
that while I do represent Advanced Data Processing, we do join with and incorporate by reference any
argument that was made on behalf of Medaphis.
Vice Chairman Plummer: Good, you are down to two minutes. Go ahead.
Mr. Knox: I am passing out selected parts of the record for your consideration. The first of which has
already been mentioned as it relates to the evaluation criteria that were presented to those who wished to
submit proposals. I would like to indicate that there are three essential legal challenges to the selection
process that I would like to make a part of the record. You will please note that the first time the
proposers became aware that there would be points awarded for a category called "optional innovative
proposals bonus" was during the selection process. Nothing, no reference was made to bonus point in the
RFP. While counsel for the City has indicated, it is a fact that proposers were invited to submit
innovative ideas there was no point value nor any expectation by any of the bidders except perhaps
Lockheed Martin that points would be awarded. And, on that basis we respectfully suggest to the
Commission that there was a significant deviation from the principles of competitive bidding by virtue of
the fact that a new scoring criteria was introduced in the midst of the selection process. And, in fact, at
the meeting of the selection committee, the results of which only benefited one of the bidders. And,
thereby created a competitive disadvantage on behalf of Lockheed Martin against the otherproposers, in
light of the fact that the other proposers had no knowledge that points would be awarded for this
category. These points which were gratuitously if you will, awarded to Lockheed Martin without the
knowledge of the other proposers, and without the information being placed in the RFP, resulted in a
conclusion that was not consistent with principles of competitive bidding. In fact, the points which were
awarded to Lockheed Martin gratuitously by the selection committee drastically changed the outcome,
but for the award of those points. The record contains the evaluation score sheets, and would reveal that
by virtue of this category alone, this award of bonus points, Lockheed Martin received forty-one extra
points. ADP received eight points in that category and Medaphis received twenty points. Lockheed
Martin received four times as many points in the gross aggregate as ADP, and more than twice as many
points as Medaphis, simply by virtue of a process that was infused into the selection process at the
meeting without the knowledge of the proposers. We suggest to you that this subverts the intent of the
competitive selection process, and operates unfairly, legally unfairly against other proposers. I would
like to call your attention to the fact that the Chief Procurement Officer in response to the protest, and in a
correspondence addressed to this Commission, attempted to cure the gratuitous award of bonus points by
developing a formula which simply infused these extra points into, or attempted to infuse these points
into the scoring criteria and in fact, did nothing more than continue to reward unfairly, Lockheed Martin
in a category that was not available to the other proposers. On the basis of the fact that the law is very
clear with regard to last minute adjustments to evaluation criteria which benefit a single bidder. For the
record and for counsel, I won't give you a citation, but I'll tell you that the matter was addressed directly
in a case involving Marriott versus Dade County in connection the selection of food service provision at
the Miami International Airport, and the Third District Count of Appeal indicated that it would not
approve of a selection process where criteria was changed in the middle of the selection process. We
therefore, urge the Commission to not award or not recommend the award of this contract to Lockheed
Martin and to find fair alternatives in order that a return to the City might be appreciated. And, while I
have a moment, I would like to address the question of this pin based technology. As one of the charts
showed you, this is not a gift by Lockheed Martin to the City of Miami. As a matter of fact, you will note
that in their projection of cost, which in fact went against the provisions of the RFP, the percentages that
they expected to receive were ten percent as opposed to seven percent by ADP and Medaphis in the first
112 September 28, 1998
year and twenty-five percent in the second year. This would amply cover the cost of this pin pads. As a
matter of fact, probably four times the actual cost of the pin pads is built into the percentage. Now, in
fairness to A... to Lockheed Martin, in their proposal they indicated by an asterisk, of course, that title
would... to these... to this technology would remain in Lockheed Martin, and in fact, the percentage that
they expect to receive in compensation would be covered more than amply by the percentage that they
would expect to receive of the revenues. There is no precedent for this technology. This is an extension
of a pilot project, or a test marketing concept for this technology. We ask you to remain with the tried
and true providers of this service, or at the very minimum require... allow an opportunity for others to
offer you such goodies as have been indicated on behalf of ockheed Martin, in fairness. Thank you very
much.
Vice Chairman Plummer: Thank you. Representative of Lockheed Martin.
Ms. Wiley: May I just respond to a few points, first?
Vice Chairman Plummer: If you wish.
Ms. Wiley: OK. Mr. Commissioners, I would like to bring to your attention one point that is particularly
obvious to me having reviewed this material and looked at it for the... a month. The second and third
ranked firms are the firms that have the contracts now. The reason they are objecting to this process is
because they were complacent in that position. They did not feel it necessary to be innovative. The
documents says..." as an option, the City will consider any proposals to re -engineer the entire debt billing
and/or collection system currently utilized by Fire -Rescue for EMS billing and/or collections, including
but not limited to providing to the City current technologies including advanced software programs,
applicable training for personnel to better perform all required billing and collection services by the City
or any other similar proposals to expedite recoveries of payments to the City." This was reinforced at the
pre -proposal conference where the Fire -Rescue Department made known they were looking for
innovative ways to raise collections. The information I have says the collections are at forty-three
percent now. Fifty-seven percent is out there that they are unable to collect based on the system that they
are currently utilizing. This category alone was the heart of what inspired a new solicitation. Third point
is the award. This is not exactly an award now. We are asking that the Commission accept the rankings
and allow for negotiations. That may impact the proportion at which the first ranked firm is looking to
recover. It may be that we are unable to come to any conclusion, a favorable conclusion such that the
percentage wouldn't be quite as high. The opportunity for negotiations should be granted to the
administration. And, fifth point, both the City of Houston and the City of Philadelphia both much larger
cities have experienced favorable results with this technology. Although the representations have
consistently suggested that it won't work.
Vice Chairman Plummer: All right, I...
Commissioner Teele; Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Vice Chairman, I want to question or query you regarding the order of the day.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: It's very clear that we are at five o three, that this is going to go on for some time.
113 September 28, 1998
Vice Chairman Plummer: No, sir. What... if you are queering me, I am going to let Mister...
Commissioner Teele: Well...
Vice Chairman Plummer: ... speak and then we are going to go to budget.
Commissioner Teele: Well, I would... My preference is, since we are not going to resolve this issue
before budget...
Vice Chairman Plummer: To do what?
Commissioner Teele: ... that we... I would like to hear from Miss... from the recommended offeror at the
time we are ready to make that decision, so that I can consider all of the discussions that have been made.
Vice Chairman Plummer: All right, sir. That's a perfectly legitimate request. For the record, the court
reporter is representing who?
Commissioner Teele: The Clerk.
Vice Chairman Plummer: I am sorry.
Ms. Canton: Medaphis.
Commissioner Teele: What?
Vice Chairman Plummer: Medaphis, OK. This Commission will stand in adjournment for two minutes,
and at such time at... promptly we will start our budget hearings.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Let me also say, I have given you a memo...
Vice Chairman Plummer: I saw it, sir.
Commissioner Teele: ... regarding one item. I know that there is a certain procedure under the state law
that it's required by the Constitution and the Statute be read into the record. But, I would ask that we take
one item up that's a part of this, as soon as possible in deference to the elected offical and the
representative of the Governor through the Secretary of Children and Families that's here, Ms. Bock.
If... with your permission.
Vice Chairman Plummer: In two minutes we will reconvene.
Mr. Roger Carlton: Mr. Chairman, does that mean...
Vice Chairman Plummer: Mr. Carlton.
Mr. Carlton: ... this will be at the end of the budget hearing, or what does that mean?
114 September 28, 1998
Vice Chairman Plummer: Sir, you will be on the minute budget hearings are over.
Mr. Carlton: Estimated to be midnight?
Vice Chairman Plummer: Somewhere short of that, I sure hope. It depends on "Boom -Boom." I really
don't think that... Unless I am absolutely and totally confused, I don't see budget going more than two
hours. I really don't. I could be wrong, but...
Commissioner Teele: As long as we agree not to... seven o'clock, so they could go get...
Vice Chairman Plummer: You want to go get a bite to eat? We will hear you at seven o'clock.
Commissioner Teele: Not before seven o'clock.
Vice Chairman Plummer: We'll convene for the necessary evils of nature, so that we don't have to
interrupt during the budget hearings.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:05 P.M., AND
RECONVENED AT 5:09 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO
BE PRESENT EXCEPT COMMISSIONERS SANCHEZ AND GORT.
35. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1 (APPEAL OF ZONING BOARD
DECISION WHICH GRANTED MARGO ALVAREZ' APPEAL OF 'iCLASS II SPECIAL PERMIT
FOR PROPERTY AT 3315 RICE STREET - FOR NEW PARKING GARAGE) TO MEETING OF
OCTOBER 27, 1998.
Vice Chairman Plummer: That both sides have agreed to a deferment. Is that correct?
Mr. Al Gonzalez: Commissioner, Al Gonzalez. I am here on behalf of...
Vice Chairman Plummer: Sir, I can't. I don't have a third. I do have a third, yes, sir.
Mr. Gonzalez: Yes, sir. Al Gonzalez, 2601 South Bayshore Drive. We have agreed with Stanley Price,
the attorney for the appellants to...
Vice Chairman Plummer: Motion made by Teele, seconded by Regalado to defer until the 27th of
October, a time certain. All in favor say "aye." Opposition? Show it unanimous. Goodbye, sir.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-922
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(APPEAL OF ZONING BOARD DECISION WHICH GRANTED APPEAL BY
MARGO ALVAREZ OF A CLASS I1 SPECIAL PERMIT APPLICATION
(NUMBER 98-0075) APPROVED WITH CONDITIONS BY THE DIRECTOR
OF PLANNING AND DEVELOPMENT ON JUNE 1, 1998 FOR PROPERTY
LOCATED AT APPROXIMATELY 3315 RICE STREET TO ALLOW NEW
CONSTRUCTION OF A PARKING GARAGE) TO THE COMMISSION
MEETING CURRENTLY SCHEDULED FOR OCTOBER 27, 1998.
115 September 28, 1998
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Wifredo Gort
Vice Chairman Plummer: I am sorry, are you not in accord?
Ms. Vicky Leiva: Yes, but I do need to make a statement on the record.
Vice Chairman Plummer: Make a statement on the record.
Ms. Leiva: For the record, Vicky Leiva with offices at 2500 First Union Financial Center. We have
agreed to the deferral, however, we would like to have this matter set for the next PZ agenda which I
believe is the 27th of October.
Vice Chairman Plummer: That's what I just set it for.
Ms. Leiva: And, hopefully, that there will be no other deferrals should Mr. Ferro be successfully
confirmed that they will not ask for another deferral on this...
Vice Chairman Plummer: Be aware that this matter will definitely be concluded on the 27th, sir.
Mr. Gonzalez: That's agreed to, sir.
Ms. Leiva: Thank you.
Vice Chairman Plummer: That's my brother's birthday.
36. PUBLIC HEARING APPROVE SECONDREADING ORDINANCE DEFINING /'
DESIGNATING 'TERRITORIAL LIMITS FOR CITY — FOR PURPOSE OF TAXATION / FIXING'
MILLAGE / LEVYING TAXES IN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998
AND ENDING SEPTEMBER 30, 1999 BRIEFLY DISCUSS RAMIFICATIONS OF RAISING''
TAXES VERSUS INCREASING FEES.
Vice Chairman Plummer: OK, Mr. Dipak, front and center. That was PZ-1, it's deferred. Mr. Manager,
run us through Budget. What item is first.
Mr. Dipak Parekh (Director, Budget): Part A, percentage increases...
Vice Chairman Plummer: What number, sir?
Mr. Parekh: 48-A.
116 September 28, 1998
Vice Chairman Plummer: We are now on item 48-A. Mr. Dipak.
Mr. Parekh: Yes, sir. For the discussion of proposed millage rate and the tentative budget for the City of
Miami. This particular discussion is divided into two parts, part A, and part B. Part A deals with the
millage, the second part deals with the appropriation itself. Part A, percentage increase in millage over
rollback rate; response, eight and fifty-two one hundredths of one percent. Eight point five two percent.
Now, we open up for discussion.
Vice Chairman Plummer: Yeah, I got a discussion. If I read this thing the way I know English, I would
say this is 8.52 percent, not of A, one percent. Now, am I crazy? Did I lose mathematics?
Mr. Parekh: It's...
Vice Chairman Plummer: The way I read this, 8.52 percent would be eight and a half percent increase.
Mr. Parekh: Right.
Vice Chairman Plummer: Am I wrong? I mean, my...
Mr. Parekh: That's what it is, 8.52 percent increase over rollback...
Vice Chairman Plummer: An eight percent.
Mr. Parekh: Eight point five two. Yes, sir.
Vice Chairman Plummer: Thank you, sir. Anyone wishing to speak to the increase...? Oh, didn't I
know. Yes, sir. For the record, if we didn't, your name and mailing address, please?
Mr. Manuel Gonzalez-Goenaga: My name is Manuel "Boom -Boom" whatever you want, Gonzalez-
Goenaga, 2469 Southwest 14th Street, Miami, Florida. For the time being, I am ready to leave town very
soon if things continue the way they are. I tell you, the... Like in the Julius Ceasar, Shakespeare once
said. "The fault, dear Brutus, lies not in our stars, but in ourselves." And, I'll you why. The problem
with the City of Miami, this is a philosophical concept, which is the fourth poorest City in the nation and
the one that best pays its employees who don't even live within the City limits. There is a big disparity,
and more than 50 percent of the expenses of the budget goes toward salaries, maybe 75 percent. And, I
wonder, if we are so efficient, if these high... highly paid employees of the City of Miami including
policemen which are... have been accepted that have above average pay all over the United States. They
are better paid than the ones at Metro and the ones of the State. I wonder if all these highly paid
executives will resign and try to get half of their salaries in the private sector. If they do, I will rehire
them. They will not be able to earn half in the public sector of what they get here. This is a big mistake.
That's why we are at the limit by the Constitution on the millage.
Vice Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: I hope you understand my message.
Vice Chairman Plummer: Mariano.
Mr. Alejandro Vilarello (City Attorney): Mister, mister... Commissioner.
117 September 28, 1998
Commissioner Teele: Mr. Chairman, I would hope that...
Vice Chairman Plummer: Wait, wait, excuse me. Mr. City Attorney.
Mr. Vilarello: I need to advise the Commission that the first substantive issue to be discussed at this
meeting is the setting of the millage over the rollback rate necessary to fund the budget. That is the first
substantive issue that has to be discussed by the Commission, and that's the ordinance that's currently
before you.
Commissioner Teele: Mr. Chairman, that was the question...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I think, you know, in all fairness, you know I strongly support people's right to
speak. But, I think it's really incumbent that the Chair requires speakers to speak on the item. This is a
millage...
Vice Chairman Plummer: Please stick to the issue. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida. Resident of the City of
Miami since 1962. I know, I am not going to look at the numbers or anything because this... I have
already said on radio the cake already has been baked. The only thing you have to get it out the oven,
distribute the cake. And they got to abide by the Oversight Board, which by the way, I told Buddy
McKay the other day there that the loan shark, the should have been... to appoint somebody
from the City as member of the board. Now, they got people from all over... Yes, very nice people, Mr.
Beatty. But, they don't live in the City, they don't even know where Allapattah is. They don't even go
by Overtown. But...
Vice Chairman Plummer: Mr. Cruz, as requested...
Mr. Cruz: Stick to the issue, fine.
Vice Chairman Plummer: ... as requested, speak the issue before us.
Mr. Cruz: The issue, OK. Well, one other thing here, the budget I see here. I am going to be fast.
Vice Chairman Plummer: Mr. Cruz, speak to the issue before us and that is the increase and the decrease
over the rollback.
Mr. Cruz: And the amendments. I know, the rollback they go to ten, ten dollars ($10) for every thousand
dollars.
Vice Chairman Plummer: Don't speak to appropriations yet, that's later.
Mr. Cruz: Right, OK. I agree... I don't mind paying taxes. I agree with your taxes, with the things that
the taxes should be used they way they should be used, properly. My neighborhood should be taken care
of the way the Coconut Grove is taken care. It's a very disparity in the way my millage money is being
used...
118 September 28, 1998
Vice Chairman Plummer; Mr. Cruz, Mr. Cruz, speak to the issue of the rollback.
Mr. Cruz: The rollback. Well, I leave that to Dipak, he gets paid a big amount of money to do that.
Thank you.
Vice Chairman Plummer: That will be fine, sir. The next speaker, name and address on the record,
please. I ask again, please speak to the issue of the rollback. We will speak to appropriations later. Sir.
Mr. Dan Ricker: Right. Daniel Ricker, 43 Ingraham Highway. History has brought us here, and it's
obvious that what you are going to be doing in the coming hours as far as your rates have to be done to
make the City a viable, economic entity. Commissioner Teele was right, that when we max out our
millage rate we have no flexibility. And, but unfortunately history has brought us here, and it's the time
that we are going to have to do the painful things that the community wants to do. So, I think as long as
we realize that the community we live in is the third below the poverty line and we use a certain amount
of compassion in certain applications of the judicial system. We have an opportunity to perhaps turn this
City around on a slightly more moderate and normal course as far as government. Take care.
Vice Chairman Plummer: Thank you, sir. The next gentleman, your name and mailing address, please?
Mr. Jorge Espinel: My name is Jorge...
Commissioner Teele: One minute. If I could just ask a brief question of the gentleman that spoke.
Vice Chairman Plummer: Mr. Teele. Yeah, without question.
Vice Chairman Plummer: Look, one of the big debates on this millage issue, and I really.. I am going to
ask at the end of the budget hearing that the management and budget office. The Manager through the
management and budget office do a very scholarly and detailed study as to the advantages and
disadvantages of increase... of adjusting taxes, fees, you know, fire fees and garbage fees. Do you have a
view? Would you rather see your...? I know you are against taxes and fees. I would... I suppose to a
great extent, yes.
Mr. Ricker: No, not when the patient dies. It's like saying we don't want to turn the Titanic...
Vice Chairman Plummer: Sir, would you come to the microphone, please?
Commissioner Teele: But, but... Yeah, but I really think it will be helpful down the road if you would
give us your real opinion regarding this ten mil... I mean, the taxes increases versus fee increases.
Because there really is a very, very well thought out debate that goes on in many circles about that.
Mr. Ricker: Well, I think you can also say it's a double taxation when you do the assessments. The
millage rate is probably a more elegant, I mean, from an institutional way to do it. But, I think frankly, we
are in a corner. I just don't see, as I travel around the... certainly not like Commissioner Plummer but,
obviously we see the City of Miami as it is, and it has taken a certain amount of erosion over decades to
get us here, and frankly I am afraid we have got to start turning it back, and also, we also have to jump on
the federal and the state side to help us, because it's not like, you know, we don't live in their back yard
as well.
Commissioner Teele: Thank you.
119 September 28, 1998
Vice Chairman Plummer: Sir, your name and mailing address for the record.
Mr. Espinel: My name is Jorge Espinel, and I live at 555 Northeast 58th Street in Miami, in the City of
Miami. Now, I am here because of this advertisement in the paper, and I am here to make some general
comments. If you are going to curtail my time, please tell me right away because I am not going to be
specific.
Vice Chairman Plummer: Sir, you have two minutes to speak.
Mr. Espinel: OK.
Vice Chairman Plummer: But, I am asking you please to speak to the issue before us, and that is the
rollback. It's not appropriations.
Mr. Espinel: I am sorry, I have no idea what rollback is, I just want to make some comments.
Vice Chairman Plummer: Well, sir, it is on the agenda to raise the millage 8.52 percent to a maximum of
10.
Mr. Espinel: I have nothing to say about that. I just want to make some general comments about this tax
increase.
Vice Chairman Plummer: OK.
Commissioner Regalado: OK.
Mr. Espinel: If you give me that right, I will...
Vice Chairman Plummer: I will at the right time, yes, sir.
Commissioner Teele: At the right time. Don't go, just stay. That's going to come back.
Vice Chairman Plummer: Just have a seat, and we will give you that opportunity at the proper time. Is
there any further discussion on the rollback or the setting of the millage? Mr. Dipak. Let the record
reflect that no one else came forward. Next item.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Unless there is some other language that needs to be read into the record, I would
move the ordinance. And, I have opposed the ordinance because I believe that this Commission would be
well thought to keep the taxes as low as possible and at a later date I would like to ask the Manager and
the Budget Office to discuss the ramifications of taxes versus fees. But, this is not the time or the place.
And, I want to be on record as supporting the three Commissioners who have taken this approach only
from the point of view that I think we must balance our budget.
Vice Chairman Plummer: All right, but I think we have to do B first, Mr. Teele. Mr. Teele... Mr. Dipak.
Mr. Vilarello: No, this... this ordinance.
120 September 28, 1998
Mr. Parekh: Sir, we need to pass the ordinance.
Vice Chairman Plummer: 48-B, do you have to read that into the record?
Mr. Parekh: No, after we finish with A, then we go to B.
Commissioner Teele: No, we have to do A first.
Mr. Vilarello: A first.
Vice Chairman Plummer: We have done A.
Mr. Vilarello: We haven't read the ordinance.
Vice Chairman Plummer: Are you talking about 48-A...
Mr. Vilarello: Fourty-eight.
Vice Chairman Plummer: ... here, or here?
Mr. Vilarello: The millage ordinance is the one that needs to be read first. That's item 48.
Vice Chairman Plummer: OK, then we have 48-A. Is has been moved by Teele. It's been seconded by...
Commissioner Gort: Second.
Vice Chairman Plummer: ... Gort. Is there any further discussion? Hearing none call the... Oh, read the
ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION;
FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI,
FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEMBER 30, 1999; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
121 September 28, 1998
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title and adoption. On motion of Commissioner Teele, seconded by Commissioner Gort,
the ordinance was thereupon given its second and final reading by title, and was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11704.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: We are now on item B. This is the appropriations ordinance.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: If I may be recognized and I ask the indulgence of my colleagues. Mr. Chairman,
we are in a financial emergency. The City does not have sufficient funds and revenue capacity to address
all of the needs of the City. I am speaking now to one particular item that I am requesting to bring up that
involves the fact that in a normal process, I would be asking and trying to figure out a way in this
appropriations, it's the item we are now on now to fund a park in Little Haiti. We don't have the money.
However, the Florida Legislature routinely funds parks throughout the State of Florida to the tune of
several million dollars. In fact, in Dade County alone, the City of... In 1998, three cities, Miami -Dade,
North Miami Beach, Sunny Isles, all received funds from the legislature and from the Florida Community
Trust which is appropriated by the legislature for parks. Mr. Chairman, this matter is one... Mr. Vice
Chairman that directly impacts you, believe it or not. The Governor's Office, Anita Bock had the
opportunity to meet with me, I guess about five months ago when we began this process, and explained
very clearly that there are issues relating to cultural clashes that may be developing along Biscayne
Boulevard because the people on the west side of the Boulevard don't have enough parks. And,
therefore, they are doing what anybody else would do which is, go visit the nearest park. The fact of the
matter is, is that Little Haiti should have its own park areas and the Manager has done a study that has
determined that there is deficit of almost 28 acreage... acres of park in Little Haiti. I am specifically
asking the Chair to allow Anita Bock and the elected officials that are here, because the resolution which
122 September 28, 1998
is item number 46, I believe on the agenda, 49 which is a... which speaks for itself is basically finding
that we really don't have the funds, but we are asking the Manager to work through the Parks Department
and the legislative process in prioritizing parks in Little Haiti as a high priority and we would be seeking
the funds for about eight to ten acres of land to build a first-class park in Little Haiti. And, without... with
your permission, Mr. Vice Chairman, I would like Anita Bock and the legislative representatives that are
here, if they would be allowed the opportunity to speak on this issue.
Vice Chairman Plummer: Mr. Chairman... Mr. Teele, it is your item, and I'll allow you to run the
meeting as to you see fit for this particular item.
Commissioner Teele: Thank you very much, Mr. Vice Chairman. Ms. Bock.
Ms. Anita Bock: Commissioners, good evening. My name is Anita Bock, I reside at 5955 Northeast 6th
Avenue in the City of Miami. I am here both as a resident of the City and in my official capacity of
District Administrator for the department. I understand the overwhelming needs that you face and I
understand the overwhelming needs that this particular area, Edison Little River -Little Haiti face. If you
read the City Manager's report, there is a detailed list of critical needs in this area. But, certainly the park
is something that I think is important to the youth of our community, and that's what I would like to
speak to briefly. Although, I do not minimize the rest of the items on... contained in the City Manager's
report. As you know, our department deals with children primarily, and we have seen an explosion, an
explosion of problems in this particular area. It ranges from juvenile crime, juvenile problems to
domestic violence to just a whole range of what we traditionally classify as social issues. And our
studies have definitely proved that the lack of recreational areas for children is a major factor in our youth
having problems and not being able to occupy themselves after school and having places to go. It is also
a major factor for families in not having a place to go to find some down time. You may recall, that not
too long ago you allowed Morningside which is the only park of any substance to in essence be restricted
in a way. You allowed that community to become a special taxing district and soon guard gates will go
up around that neighborhood which I certainly strenuously opposed, but we lost that issue. And, so one
of these days this population that comes to Morningside will have to go through a guard gate, give their
car number, their race, which I personally find extremely offensive. But yet, another barrier and another
barricade to a population that needs help. And, I think that fact, coupled with the fact that we have this
tremendous shortage of park space in this area, you need only look at anyone of the books of information
which I routinely mail you on social indicators for a community to understand that this community is in
desperate need of this assistance. I know that you don't have the money, Commissioner Teele has said
that, but I certainly pledge our department's assistance to working with you to see what we can do, both
locally and at the state level to try to bring some relief to this community. The children of this
community need your help and they need your leadership. Children must have a place to go in the
afternoons and families must have a place to go on the weekends.
Commissioner Teele: In other words, Ms. Boch, the point, I want to get it on the record, is that this park
probably will serve Little Haiti will also decrease the pressure on the Morningside area and other areas to
provide park space as well.
Ms. Bock: Well, you know, Commissioner, I... as a resident of Morningside, I have absolutely no
problem with our wonderful neighbors from Little Haiti visiting our park. In fact, I wish more of them
would come. But, I will tell you that the special taxing district is going to have a chilling effect on that
and that was one of the arguments we made. We have a lot of youth who play in the Morningside park in
the evenings that are part of special programs, delinquency programs and other things. And, I know from
experience that when they have to go through those guard gates and give up their ID's and everything
else, it's going to have a chilling effect, which makes this park even more important.
123 September 28, 1998
Commissioner Teele: I must admit, I did not... I failed to recognize the subtlety of the impact of what you
are saying, and it is clearly registered that with a guard gate, it's going to appear that the City of Miami,
because we are going to approve the guard gate, or the County will...
Ms. Bock: You already have. You...
Commissioner Regalado: We already have, we already have.
Commissioner Teele: We already have. It's going to appear that we are telling people in Little Haiti not
to come to use the park, and they are using it now. That interpretation could be given.
Ms. Bock: It certainly could.
Commissioner Teele: I would ask that the City Attorney amend this resolution at this time to also ask that
the Governor's Office be contacted, and that the department ask the Governor to include this item in the
Governor's budget which is a very important item. It takes it sort of the turkey area, if you will. Mr.
Chairman, since you have given me the opportunity, I would like to yield to the Manager as Commish...
as Representative Burke and Senator Thomas and Attorney Brutus come forward, and Mr. Celestine
come forward and ask the Manager if he would introduce someone that will be responsible for
coordinating many of these issues that we have been... A person who has just been hired, I understand,
reading from the press by you to as the NET (Neighborhood Enhancement Teams) Administrator.
Mr. Donald H. Warshaw (City Manager): Thank you, Commissioner. And, just in the way of a little bit
of a background. The position of the NET Administrator's job in Little Haiti attracted 57 applicants.
Most of whom were extremely well qualified, well educated. It was one of the most competitive
processes we really ever seen, at least that I have ever seen. And, the gentleman who was selected, I
might add, who is a native Miamian and someone who has spent an enormous amount of time and effort
in Little Haiti has a Bachelor's Degree, has a Master's Degree, and I understand he has all of his credits
towards his doctorate. So, soon we will be referring to him as doctor. And, that individual is Roger
Biamby, and I would like to introduce him to all of you. Roger, congratulations to you. It's good to have
you on board.
Mr. Roger Biamby: Thank you, Mr. Manager, and members of the Commission, Mr. City Attorney, Mr.
City Clerk. I just want to pledge to you that I'll do my best with your support, of course to make Little
Haiti, Edison Little River, Little Haiti one of the best communities to live in, prosperous and safe. Of
course, I cannot do it without your help and the Manager's. Thank you.
Commissioner Teele: Thank you, Mr. Manager. Mr. Chairman and members of the Commission, we are
delighted to have some public officials here. Representative Burke represents the area and Senator
Turner are here. And, also a young man who... two young men who just sought the Office of State
Representative, Mr. Jacques Despinosse and Attorney Phillip Brutus are all here, and with you
permission I would ask them to speak, and it would be on the record. And, I am going to ask that a copy
of this record be sent to the Governor's Office as justification for our request.
Vice Chairman Plummer: You have the floor, sir.
Representative Beryl Roberts -Burke: Good afternoon, Commissioners, City Manager and City Attorney.
I am representative Beryl Roberts -Burke, I am the State Representative for District 108 which contains
the portion of Little Haiti particularly the area that we are talking about here today. First of all, I would
124 September 28, 1998
like to commend Commissioner Teele as well as this Commission for taking the effort to review the Little
Haiti area to determine, first of all, whether there was a need for a park. And, after having reviewed the
information that was since, I suppose, you know, coordinated, I think it's very evident, very clear that
obviously something needs to be done in the Little Haiti area where we can have an opportunity for the
young people who are there to have recreational activities, for families to be able to come together in a
social atmosphere so that we are impacting some of the concerns that exist there presently. Having
spoken with Secretary Calvin Ross from the Department of Juvenile Justice, who has made it very clear
that the criminal activity as it relates to juveniles has increased significantly in that area. And, it's very
evident, I think that one of the ways to eliminate and as well as to decrease that type of activity is to
ensure that there are opportunities for social activity to take place. I think that the park is clearly a first
step in trying to eradicate some of the problems that currently exist in Little Haiti. And, as the State
Representative for that area, I do want to say on record that I am extremely supportive of this. In fact,
during the past legislative session, I did have a conversation with the head of the Department of Parks and
Recreation, Mr. Ruder to talk about some of the needs in the Little Haiti area, particularly as it relates to
parks. We both, during that discussion, recognized that there needed to be the purchase of land, and after
that the development of a park in the Little Haiti area. I think the study that has come back clearly
confirms that. I am here today to say, first of all, also to Commissioner Teele that I am delighted that
you mentioned we need to have that in the Governor's budget beforehand so that it does not come back as
a turkey of myself and the senator for that area to be vetoed. So, I believe that we need to have the
conversations with Mr. Bradley in the Governor's Office to ensure that that takes place. I am thankful to
be here today to say that I am supportive. I look forward to working with you throughout the session, and
please make it a priority for the department as we go through the upcoming legislative session.
Vice Chairman Plummer: All I want to know is, why can't all our representatives be that pretty and that
smart?
Commissioner Teele: Well, speaking...
Vice Chairman Plummer: Now, we are going to have Bill Turner, God help us all.
Representative Roberts -Burke: And Bill Turner is equally as capable.
Vice Chairman Plummer: Wild Bill.
Senator William H. Turner: Good evening, Mr. Commissioners. It's always a delight to appear before
you. As you all know, very seldomly do you see me before any Commission meeting or anything.
Being the ex -Senator for that district, it does not mean that I am dead, I am still alive and I am here to let
you know that it's essential... It's essential that we do something, not only for Little Haiti but for other
areas in the City of Miami by virtue of the fact that when you look at the statistics as it pertains to
juvenile crime, most of it occurs between three and eight o'clock in the evening. And, if we have parks
with recreational facilities that will have those kids busy and doing something constructive, I think half
the battle is won. More importantly, Commissioner Teele mentioned the first step.
It's the most essential step to even ascertain the ten million dollars ($10,000,000). Because I will call
Bob Bradley, I will ask him to put it in the Governor's budget because if it isn't in there, you are going to
have the devil trying to get the money. I will also talk to the Juvenile Justice Department, the deputy,
who is Woody, and ask him to place it in their budget and let him know at the same time, that I have also
talked to the Governor's budget because they go back and forth with each other on what's in the budget
and what's not. And, I think once we can get in the Governor's budget, I think half the battle is won. I
want to let you know that I appreciate your giving me an opportunity to speak to you today and let you
125 September 28, 1998
know that Representative Burke, as usual, covered most of the points that are essential to this except the
one dealing with the budget, and Commissioner Teele did that. And, I will follow up because I still have
some folk in Tallahassee that will listen to the good senator. Thank you.
Commissioner Teele: Thank you, Senator. Joe, Mr. Joe Celestin. Joe Celestin who is a candidate for
State Senate coming... upcoming November election.
Vice Chairman Plummer: No commercials.
Mr. Joe Celestin: Thank you, Commissioner Teele. Thank you, Commissioner Plummer. Commissioner
Teele, I... My name is Joe Celestin. My address is 8370 Northwest 7th Avenue in Miami. I want to
begin by thanking you for the appointment to the City's Finance and Budget Review Committee. And,
thank you Commissioner Gort, and thank you, Commissioner Regalado and Commissioner Plummer. I
want to thank you also for the vote on that particular appointment. The issue today is basically
concerning parks, parks in Little Haiti. We are past due for a park in Little Haiti. In Little Haiti we do not
have any type of recreation for the children and basically as you know, Momingside Park with the new
resolution that would perhaps mandate a gate in the Momingside Park, we basically have absolutely
nowhere to go. And, I would like to bring something very special to the attention of those of you,
members of the City Commission. Parks basically, in the African -American community is something that
we have a lack of. And, pay some attention please to the park on 62nd Street, all the City parks that are
basically in the African -American community, including Little Haiti have not been taken care in the same
manner as other parks in certain... in other areas. So, it is important for us, and as a candidate for the
District 36 which include, comprise of Little Haiti and Miami Shores, and also a member of the
Republican party, I promise you in 1999 to work very close with this Commission to make sure that we
get that money allocated to Little Haiti for the park. Thank you.
Commissioner Teele: All right, Mr. Brutus. Mr. Chairman and members of the Commission. As you
know, Mr. Brutus just finished a very, very, photo -finish election behind the very beautiful
Representative Burke. But, I must say that I am very honored to be friend of Mr. Brutus and his wife
who is here with him also, served as my appointee to the Review Committee that reviewed the City
Attorney, and selected the City Attorney, so I am sure the City Attorney will be paying close attention.
Mr. Phillip Brutus: OK, Good afternoon, everyone.
Vice Chairman Plummer: We hold it against him.
Mr. Brutus: Oh. OK. Good afternoon everyone. Thank you, Commissioner Teele, thank you members
of the Board... Commission. My name is Phillip Brutus, as you heard, I am a Haitian -American attorney.
I have practicing law for the last 13 years in this City. I just finished a race behind Representative Burke
by 51 votes. In my neck of the woods that's a victory, and will be back in 2000 in that seat. I come here
today to speak to you on behalf of several organizations. One of them is the Haitian -American Political
Caucus, a new PAC (political action committee) created with the intention of registering 25,000 Haitian
voters before 1999. I also come here on behalf of the Haitian -American Christian Council as their
attorney, and the Caribbean American -Democratic Club as their attorney. I have spoken enough about
the issues of parks in Little Haiti. We all know we need a park. The only concern that I have, I think we
need to be mindful of, we don't need another Lemon City Park because we do have a park 59th Street. It
is not a park, it is basically a dump. If you are going to give us a park, we need a park like people need a
park. We don't need a dump to say well, look we gave you all something so leave us alone. We need a
park. Number two, we need to be concerned about displacement, because if you are going to buy land
you are going to have to, through eminent domain take somebody's property, and that person is going to
126 September 28, 1998
have to go somewhere. If it's a businessman, we need to make sure that he will find another place in the
community to set-up shop. Number three, it is also important that we have other problems in this
community, very important problems, empowerment. There is no jobs in the Haitian community, we are
basically downtrodden, down and out and we want to make sure that although Judge Rice Kemp and all
the other folks in Washington, the whole Supreme Court decided to scrap Affirmative Action, decided to
scrap set -asides, we want you to understand, if you are going to build a park in our community, we need
Haitians to work in there also because we have people not working. So, we don't want a park just to say,
you needed a park, here is a park and nobody who looks like me works in that park. And, lastly, the other
issue, we have a park at 62nd Street, that had to be closed because once the government put the park
together there was no budget to sustain a park. We don't want a park that is going to fall apart in two
years and it becomes a refuge for drugs and prostitution and everything, and then you would have said,
"Look, you all had a park, you all didn't take of." We need a park and we need a budget. The City has to
commit to maintain, to upkeep that park. Because if the state gives the money, you will buy it, you will
build it, but we need a continuous item in the budget for that park to be upkept. And, it's not just a park,
we need a community center. So that park should be park and plus. I am not going to take all the time. I
just wanted you all to know, I think everybody here is in support of the park, but I am giving conditional
support. If you meet all these requirements that we participate in the construction, that we have some
kind of budget items to keep it up then there is no problem with the park. But, again, remember we have
other needs, it's not just the park that we need. Once you give us the park, we need something else.
Like... told me one day, he says "look, to give me a park like that and not give me any job, it's like I am
hungry in a house, and say hey kids guess what, we have a new bedroom set for you, a new TV, but you
are hungry, there is no food in the refrigerator but there is money, there is a TV and there is new
furniture." We don't need that. We need the TV and furniture, but we need the food. Thank you, very
much.
Commissioner Teele: Thank you, Mr. Brutus. Mr. Despinosse. And, after Mr. Despinosse we are going
to have to limit the time, but we are going to ask everybody to at least come give their name and their
address and whether you are for the park or against the park. And, Father Bazin it would very unfair if
you don't come forward.
Mr. Jacques Despinosse: Commissioners and City Clerk, and brand new City Manager. My name is
Jacques Despinosse, 7806 Northeast 2nd Avenue. I am not going to speak longer because everything is
already said. I think, you know, the park is well overdue. We need a park with activities in it, not just a
park with bench. We need to be able to play soccer, basketball, volleyball, tennis. That's a park. If you
got activities in the park, then the money is well spent. With no activities, then you have... We need a
park, that mean park, we don't need a "pak," we need a park. So, so spend the money and save the
money at least not only the Haitian community, but the City of Miami will be happy about it.
Commissioner Teele: All right.
Mr. Despinosse: And, I know J.L. is think about it, and we need a park, J. L.
Vice Chairman Plummer: How do you have a Haitian park without soccer?
Mr. Despinosse: All right, here he is.
Vice Chairman Plummer: And see, that's the whole issue. This resolution however is to get the funds to
buy the land for the park. And I mean, and it's very important that we go to the legislators and that we
are going to need everyone's help that's here to stay in touch with the legislatures to make sure that they
don't lose sight of this park as they get up in Tallahassee and go out to the various events that are...
127 September 28, 1998
Mr. Despinosse: This is why we have our representative here, she is taking notes.
Commissioner Teele: All right. So, if we could, I know there is a lot of other items to be heard. If you
would all just come forth and give us your name and contain yourselves, please to just a few seconds and
you deem appropriate.
Ms. Marleine Bastien: My name is Marleine Bastien. I am the president of the Haitian Women of
Miami, but I have been a social worker at Jackson Memorial Hospital for the past 15 years, and in that
capacity, I have dealt with many, many, many families. I also consult with hundreds of cases that are
referred to me, not only from Dade County, but also from Broward. And, many of these people, the
social workers, they have families they are involved with and then they need resources for these families,
and then they call me Marleine, this family is really in trouble. These parents are working sometimes two
jobs, they need a place for their kids. Where can I refer them? And, usually my answer is, "We don't
have any place in Little Haiti to refer these families." You have heard Anita Bock saying that there are
more an more Haitian youths involved in criminal activity, and we do need to prevent that. And, the only
way we can prevent that is to provide resources to help these families in their efforts and in their... to
adjust themselves in this society. So, I am here to tell you that I support the proposal to have a park in
Little Haiti where these children can come after school, where they can get help with their homework,
where they can play soccer. Culture plays an important role in childrens' development. Where they can
practice dance, music, help for these families. I am here to tell you, Mr. Teele that I am in support of
your proposal and that we need your help, thank you.
Commissioner Teele: Thank you.
Vice Chairman Plummer: Commissioner Teele, I would recommend, I don't think anybody can add
anything to what's already been said, that if we just have your name and your address showing that you
are in support of the issue. I only allowed this to be deviated from Budget because of the elected
officials. In the interest of time, we have got to move on. So, I would ask if you can please, just give us
your name and address to indicate that you are in favor.
Mr. Jean Lafortune: My name is Jean Lafortune. I am... I live in Little Haiti and my address is 13235
Northwest 2nd Ave. I am here to urge all of you honorable Commissioners to vote a "yes" for the bold
initiative taken by Commissioner Arthur Teele.
Vice Chairman Plummer: Thank you, sir.
Mr. Lafortune: Please vote, "yes." We had some bad experience here before, please don't wait when we
leave and then the vote is switched. Please lets keep it up, on and on. Thank you, very much
Commissioner Gort. Thank you.
Mr. Jen Marie Danis: OK, my name Jean Marie Danis, aka (also known as) Jen Mapou. I am the owner
of a bookstore in Little Haiti, 5919 Northeast 2nd Avenue. And, also I am the president of a cultural
group with over 100 artists in the Haitian community. As you know, Mr. Teele is a man of culture, you
know what he has done for the Caleb Center. He has turned this place with the program Echoes of
Change. So, if he says he needs a park for us, he knows what it means. And, being a man of culture
myself, I support the program because that will help us to bring the Caribbean and the African culture
flavor to our community.
Vice Chairman Plummer: Thank you, sir.
128 September 28, 1998
Commissioner Teele: I am going to reiterate what Commissioner Plummer says, we are really going to
have to move on. But, if you would give us your name, it's important...
Vice Chairman Plummer: And, your address...
Commissioner Teele: ... and address.
Vice Chairman Plummer: ... so that we can keep you appraised of what's going on.
Mr. John Garry Florestal: Good evening, my name is John Gary Florestal, and I am the assistant
principal at Toussant Louveture. I live at 855 Northeast 174th Street, and Toussant Louveture is right in
the middle of Little Haiti. And, Commissioner Teele, I really thank you for this endeavor. We want this
park and I know as Ms. Bock does, this is what we do. We work for children and families and we want
the children and the families to have somewhere to go after school and during the weekend. Thank you.
Vice Chairman Plummer; You know, I don't want to cut anybody off. All right, please, 1 am again
asking you, begging you. We have got a long night, your name, your mailing address. We know you are
in support and just let us go.
Mr. Herntz Phanord: I want to say hi to everybody and in the interest of time, I will say that my name is
Herntz Phanord. I represent the Haitian -American Broadcasters and I also support the Commissioner.
Thank you.
Vice Chairman Plummer: Thank you. Mr. Lubin.
Mr. Michel Lubin: Good afternoon, Commissioners and Mr. Manager.
Vice Chairman Plummer: Your mailing address, sir.
Mr. Lubin: For the record, I take one minute and a half, please.
Commissioner Teele: You got it, J.L.
Mr. Lubin: My name is Michel Lubin, and my address is 7816 Northeast 2nd Avenue, Miami, Florida. I
am a Haitian -American businessman with several corporations operating in Little Haiti.
Vice Chairman Plummer: OK.
Mr. Lubin: My businesses provide employment to over 40 persons. I am a product of the economic
leadership of Little Haiti. I am the quarterback, I am not a receiver. I am a successful businessman
because of my community, that is why I care for it and I want to improve it always. I have invested a
great deal of my capital in Little Haiti and I want what is best for my community. I am here today and in
support of the proposal submitted by Commissioner Teele to request from the Florida Legislature ten
million dollars ($10,000,000) to acquire ten acres land to build a first class park in Little Haiti. This
proposal enjoys the support of the entire Haitian community. It deserves your support as well. I urge you
all to vote for the proposal because your unanimous vote will send a strong message to the Florida
Legislature that will... in this City and Little Haiti in that the entire City of Miami Commission supports
it as well. Thank you.
129 September 28, 1998
Vice Chairman Plummer: All right.
Commissioner Teele: Thank you, very much. Thank you, Mr. Lubin. Good afternoon.
Ms. Yolly Roberson: Good afternoon, my name is Yolly Roberson, and I live 305 Northeast 156th
Street. I am an attorney, have been in the community for quite some time. Had been an attorney for over
ten years and I also represent the Department of Children and Family in Broward. I am a concerned
citizen and I am very involved with working with children and very concerned. I appreciate the initiative
that Mr. Teele has taken to... regarding this park, but I would like to make one thing very clear, Mr.
Teele, and all the Commissioners here, the City Attorney and the City Manager. I would like, out of
respect for the community that the Commission, the City Manager as well as the City Attorney that...
contact us, get us involved in this major project because this park is going to be in our community. Those
children are our children, nobody knows the need of those children better than we all. So, I would... we
would like to be involved in every step, and I hope that somebody will contact us, not just a portion of the
community, but contact us in every single decision that will be making with regard to... with this park.
Thank you very much.
Commissioner Teele: All right, and I just want to reiterate. Thank you, again, Mrs.Roberson is the wife
or the spouse of Mr. Brutus who also spoke. They both are attorneys and she has served on a number of
City Commissions... boards including the one on the selection of the attorney.
Vice Chairman Plummer: Mr. Teele, if I may?
Commissioner Teele: If I could just get the people to just give your names and address, and Father
apologize to you. Father Bazin, just go right...
Vice Chairman Plummer: No, no, no. I am not going to argue with that one. No, no, no. You all can go
to hell, but I am not.
Father Fritz Bazin: Actually, in order to save time, Pastor Jonas Georges from the Presbyterian Church
who is secretary of Haitian -American Christian Council and I am the Chairperson, we come to...
Commissioner Teele: Your name. Name.
Father Bazin: Fritz Bazin. I am the priest at St. Paul's Episcopal Church. We come to pledge the
support of the churches in the Haitian community for this project.
Commissioner Teele: Reverend.
Vice Chairman Plummer: OK, what we are going to do, if anybody feels compelled to do more than your
name and address, you will do it after the budget hearings are over. I only interrupted at the behest of my
colleague for the elected officials as common courtesy prevailed.
Commissioner Teele: Reverend.
Vice Chairman Plummer: So, if you need more than your name and address, then it's going to be after
budget hearings. Sir.
Reverend Jonas Georges: Reverend Dr. Jonas Georges. 500 Biscayne Blvd. I represent the Haitian -
American Christian Council and the Society for Haitian Advancement. Thank you.
130 September 28, 1998
Vice Chairman Plummer: And, you are the biggest Haitian I ever saw.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I have been coming here for more than
20 years for more parks and... Remember, the only thing, you don't do anything, we are building a park.
You have to have...
Vice Chairman Plummer: You are out of order. Next item.
Mr. Cruz: ... to have the budget for the program for the parks.
Vice Chairman Plummer: Next speaker.
Mr. Marc Jendy: My name is Marc Jendy and I represent the Haitian radio, also most activities in this
town. I am right on 7001 Biscayne Boulevard here in Miami. Thank you.
Vice Chairman Plummer: Thank you, next speaker.
Commissioner Teele: Thank you.
Vice Chairman Plummer: Come on people, please move...
Mr. Mario Apollon: Ali, yes. My name is Mario Apollon, I am with the Y.E.S. organization. I am also
representing the U.S. Soccer Federation in term of soccer activity in Little Haiti.
Vice Chairman Plummer: Your address.
Mr. Apollon: I support the project. I met with a lot of City figures...
Vice Chairman Plummer: Your address, sir.
Mr. Apollon: My address is 1595 Northeast 135th Street.
Vice Chairman Plummer: Thank you. The next speaker.
Mr. Apollon: I am sorry, I have to say this.
Vice Chairman Plummer: No, sir, you can say it after budget hearings. The next speaker, please. And, I
am sorry that I have got to do this.
Mr. Apollon: Thank you. I will stay for the meeting.
Vice Chairman Plummer: The next speaker, sir. Ma'am.
Gipsie Metellus: Good afternoon, good afternoon everyone. My name is Gipsie Metellus, representing
County Commissioner Barbara Carey just to put on the record that she is very much in support of
Commissioner Teele's resolution and certainly we know that with the members of our Dade Delegation
especially Representative Beryl Roberts -Burke we will ensure, Commissioner Carey will ensure that she
does everything she can to see that this park becomes a reality providing the community truly benefits.
Thank you.
131 September 28, 1998
Vice Chairman Plummer: Thank you. The next... Your name and address.
Ms. Leonie Hermantin: Leonie Hermantin, 6660 Biscayne Boulevard, and I represent the Haitian -
American Foundation.
Vice Chairman Plummer: Thank you for being brief.
Mr. Larry Pierre: What the representative type of.. expeditive type of..
Vice Chairman Plummer: Sir, your name and address, please?
Mr. Pierre: Larry Pierre. Larry Pierre, Center for Haitian... director for the Center for Haitian Studies.
Vice Chairman Plummer: And the address?
Mr. Pierre: 8260 Northeast 2nd.
Vice Chairman Plummer: Thank you, sir.
Mr. Pierre: You said we will have a chance to talk or something?
Vice Chairman Plummer: After budget hearing sir, if you want to speak, I will let you, but not until after
then.
Mr. Pierre: Well, let's not try to expedite this. That's nonsense.
Vice Chairman Plummer: Mr. "Boom -Boom" you are next. Your name and address, sir.
Mr. Manuel Gonzalez-Goenaga: Well, you're running out of patience, buy more.
Vice Chairman Plummer: Sir, your name and address.
Mr. Gonzalez-Goenaga: When you are running out of patience, buy more. I have learned that the hard
way.
Vice Chairman Plummer: That's fine, and I am sure you are selling it. All right, anyone that wants to
speak after budget hearing, we'll be glad to let you do it, OK. Mr. Teele, do you wish to make a motion
at this time?
Commissioner Teele: I would like very much too, but I would prefer if Commissioner Regalado... So,
if we could go until he comes back.
132 September 28, 1998
38. BRIEFLY DISCUSS TABLE CONSIDERATION OF 'AGENDA ITEM 48-B (PROPOSED'.
SECOND READING ORDINANCEMAKING APPROPRIATIONS FOR FISCAL' YEAR ENDING'
SEPTEMBER 30 1999). SEE LABEL 40.
Vice Chairman Plummer: All right, sir, that's fine. We are now on item "B" of the budget hearings.
Mr. Dipak Parekh (Director of Budget): I need to...
Vice Chairman Plummer: And I apologize to anybody that was here that was inconvenienced because of
the deviation.
Mr. Parekh: Item B, specific purpose for which ad valorem tax revenues are being increased; response,
to eliminate the annual structural deficit, matching recurring annual expenses with recurring annual
revenues. Purpose, to fund annual municipal services including but not limited to Police, Fire and Solid
Waste. Cost, nine million three fifty one zero seven one, 100 percent. Part C, City Commission listen
and responds to citizens' comments regarding the proposed millage increase explain the reason for the
increases over the rollback rate.
Vice Chairman Plummer: All right, Mr. Mariano Cruz speaking to appropriations.
Mr. Mariano Cruz: Appropriations. Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida. The
appropriations, like I told you before, the appropriations is fine here. I see, well, the only thing I'm going
to question, the use of the appropriations they are not using in a fair way. We are not getting the same
services over there in Allapattah that Coconut Grove is getting because I travel there throughout the
neighborhood, the neighborhood here is clean. There... the really big eyesore, as I mentioned before the
Bobby Maduro Miami Stadium that the City sold it... sold it, they say it's still in the City's hands because
there hasn't been a closing. I don't know the Assess... the Assessment Management are not here, but I
don't know what is going on with the stadium. But something had to be done because according to the
papers around there is full of rodents. It is a health hazard. And now another thing here I see that the
Department of Marinas and Public Facilities they are saving two hundred and some thousand dollars
because they are not using so many part-time employees now. Maybe, when they fired my brother, they
saved twelve thousand dollars ($12,000) they saving a big amount of money when they... because my
brother didn't get a termination business like Eddie Marquez, three hundred and some thousand dollars,
he will be getting in item 33. So, I know I won't do much by coming here, but if I inform one person
out there it's enough. Or like I said the other day in the program only four cats will be coming to the City
budget because most of the people don't care. Then they go to the Versailles and different places and do
a lot of things. And you know, a lot of people that come here they are from out of town, from out of
Miami. I commend them. A lot of them that came here to do something.
Vice Chairman Plummer: You have 30 seconds to wrap up, please.
Mr. Cruz: OK, because they don't live in the City, but they live off the City of Miami and they do a lot,
and they come... And I see them all around here because I happen to deliver their mail in North Miami so
I know where they live. Thank you.
Vice Chairman Plummer: Mr. "Boom -Boom."
Mr. Manuel Gonzalez-Goenaga: Regarding appropriations, I stand of what I said before, do you know,
could you instruct me, help me is what I said to see if you got the message?
133 September 28, 1998
Vice Chairman Plummer: Yes, I accept your message.
Mr. Gonzalez-Goenaga: No, no, but what was it? Did you forget?
Vice Chairman Plummer: Yes, go out and buy more patience.
Mr. Gonzalez-Goenaga: No, no, no, no. No, no, before that. I said that the ... the problem is...
Vice Chairman Plummer: "Boom -Boom" you know this hard disk can only hold so much, and what you
have said today there is no damn hard disk around that could hold it all.
Mr. Gonzalez-Goenaga: Yes, in appropriations it's very simple. All these highly paid people in the City
of Miami, let them go and find private work and they will not be able to get half of what they are earning
with the City of Miami. That's why it's so much disparity. And let me tell you, every time I open my
mouth here, not in Martha Flores or any other program every time I open my mouth here I earn more
enemies.
Vice Chairman Plummer: Congratulations.
Mr. Gonzalez-Goenaga: Including you. Thank you.
Vice Chairman Plummer: How come you don't go to the County anymore?
Mr. Gonzalez-Goenaga: They love me there. They allow me to speak more.
Vice Chairman Plummer: If I tell you we love you here, will you stay away?
Mr. Gonzalez-Goenaga: Let me tell you, they allow me to speak much more there.
Vice Chairman Plummer: All right, all right.
(At this point, item 48-B is interrupted. See label 40).
39. APPROVE / CONFIRM DEFICIENCY FINDING OF PARK ACRES IN LITTLE HAITI AREA -
DIRECT CITY MANAGER TO INCLUDE ITEM OF EDISON I LITTLE HAITI)'PARK LAND IN
THE GOVERNOR'S BUDGET — SEE LABEL 37.
Vice Chairman Plummer: Mr. Regalado, I am going to interrupt to allow you to make a motion in
reference to Commissioner Teele and the Haitian Park.
Commissioner Regalado: I...
Commissioner Teele: No, I want to make the motion, but I wanted him to be present.
Commissioner Regalado: No.
Vice Chairman Plummer: All right.
Commissioner Teele: He's the Chairman...
134 September 28, 1998
Vice Chairman Plummer: Well now, now I have lost... No, I didn't. Gort is still here, go ahead.
Commissioner Teele: He's Chairman of the Parks Committee and that was why I deferred because I
think it's important that Commissioner Regalado be here because....
Vice Chairman Plummer: All right, sir.
Commissioner Teele: ... he's the person. I would move item number 49 as amended for... The
amendment being to instruct the Manager to work with the Governor's Office to attempt to get this item
in the Governor's recommended budget for FY '99.
Vice Chairman Plummer: Seconded by Mr. Regalado.
Commissioner Regalado: I second.
Vice Chairman Plummer: Is there any other
further...?
Commissioner Regalado: Yes, I... very brief comment. Very brief comment. I think that what the City
of Miami is doing with this park is a very good thing. We have seen Commissioners, Commissioner
Sanchez and Commissioner Teele participate in events in parks in the district. And this is why we are
supposed to have districts so we can always bring something to our district. However, this project should
belong to the whole Commission, to the whole City of Miami because when you contain a problem in one
place the problem does not go anywhere and I believe that the City will benefit having this park, and I
also believe that we have started a process in which we are going to get in the next three years a lot of
money from the parks bond money, and I hope that in the next two session of the legislature we will get
the help that we need. And this past year, Senator Al Gutman got three hundred thousand dollars
($300,000) for the parks of the City of Miami. It wasn't vetoed by the Governor. We believe, and Al
Ruder believed that with that money we can complete at least two projects. I think that we should
concentrate our effort as a Commission lobbying all the members of the Dade Delegation to get these
funds for the project in the next State legislature.
Vice Chairman Plummer: Any further discussion?
Commissioner Sanchez: Mr. Plummer, I do. As a lobbying effort we should include the whole
community including the Haitian community to go to Tallahassee and the Black community and everyone
that lives in the City and wants to participate and be active in lobbying to go to Tallahassee. We have the
Dade Delegation that we could go and see and push for more money for our parks, this City needs parks,
and I have argued that since day one that we don't have enough parks in this community. And, Mr.
Teele, I commend you again, for bringing such a good issue that is going to benefit not the Haitian
community, the whole community as one.
Vice Chairman Plummer: It's hell when you win re-election for three years. Mr. Gort.
Commissioner Gort: I would like to suggest because a lot of times when we go to meetings,
neighborhood meetings we are the front line. A lot of the things that take place it depends on the State.
On Channel 9, we should put all our representatives and their phone numbers and their addresses and
make sure that some of the problems that they address to us, they also address it to the legislation. Thank
you.
135 September 28, 1998
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show a unanimous vote.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.98-923
A RESOLUTION CONFIRMING THE ADMINISTRATION FINDING, AT
THE REQUEST OF THE HONORABLE CITY COMMISSIONER ARTHUR
E. TEELE, JR., OF A DEFICIENCY OF PARK ACRES IN THE LITTLE
HAITI NEIGHBORHOOD AND DIRECTING THE CITY MANAGER TO
INCLUDE, AS A TOP PRIORITY IN THE CITY OF MIAMI'S 1999 STATE
LEGISLATIVE REQUESTS, FUNDING IN AN AMOUNT OF $10 MILLION
TO ACQUIRE, BUILD, AND DEVELOP AN OUTSTANDING PARK
FACILITY OF AT LEAST 8-10 ACRES IN THE LITTLE HAITI
NEIGHBORHOOD; FURTHER, URGING THE GOVERNOR TO INCLUDE
THIS FUNDING REQUEST IN THE FY 1998-1999 STATE BUDGET.
(Here follows body of resolution, omitted here ad 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: We thank all of the members of the Haitian community. Any of you that
would like to stick around yet, until after budget time and put more on the record, you are welcome to do
such.
Unidentified Speaker: One minute.
Vice Chairman Plummer: Not you.
Unidentified Speaker: One minute.
Vice Chairman Plummer: Afterwards.
136 September 28, 1998
Vice Chairman Plummer: OK, we're back to item B, appropriations. I have two questions on item B.
Mr. Manager. Overtime in the Police Department, how much?
Mr. Donald W. Warshaw (City Manager): It's five point two million with the one point five million in
reserve as per the discussion at the last meeting.
Vice Chairman Plummer: Which must be approved by this Commission to be... in excess.
Mr. Warshaw: That's correct.
Vice Chairman Plummer: Can we ask for you to exit quietly please? Exit quietly. My second one Mr.
Manager, in reference to Police Public Service Aides. How many am I going to have, minimum?
Mr. Warshaw: We budgeted for 100. So, we're going to try to get as many as we can up to that number.
Vice Chairman Plummer: There is no reason... Now, are you going to be in trouble if you don't. All
right, does any other Commissioner have any questions in reference to appropriations? Is there a motion?
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I think the Mayor, the Manager, and particularly the Budget Office deserve a lot of
credit, and I am sure the Department Directors. There are a number of concerns that I really think we are
not well spent in rushing through the only thing that under the Florida Constitution and law we have to do
which is to pass the budget. And so I want to just slow down just for a minute and try to get the Manager
to explain to me the reason that the budget, the current budget that we are in is overdefi... is overdrawn
or in deficit in Information Technologies and Special Programs and Accounts. I also would like for the
Manager to give me some assurance on the record that the departments are all comfortable with their
budgets and that they can live within these budgets in lieu of every department head coming. And I also
137 September 28, 1998
r---
would like to hear from the new Finance Director as it relates to whether or not we have the systems in
place to implement this budget and have some assurance that we will do so and not be out of balance on
the deficit. And in that regard, there are a number of items on the agenda today relating to large
expenditures. I know you have written a memo on one, Commissioner Plummer, and I think it's really
high time that we clarified our position on some of these expenditures. I am concerned about large last
minute expenditures and I am particularly concerned with what the Law Department is recommending
that we do on almost... what is it? What's the total amount of money you are trying to get us to spend
today?
Mr. Alejandro Vilarello (City Attorney): Commissioner, I haven't added up the number but it's
approximately...
Vice Chairman Plummer: He can't count that high.
Mr. Vilarello: Approximately five hundred thousand dollars ($500,000).
Commissioner Teele: About a half a million dollars ($500,000)? And I think...
Mr. Vilarello: But let me assure you that none of these were put forward because of the end of the fiscal
year.
Commissioner Teele: Well, and I will accept that, but the question is the reverse. Can these be put
forward to next fiscal year, and I'll tell you why I want to get to that issue. But I think it's very, very
important that this Commission understand and take note of the fact that we, Mr. Dipak you need to come
forward. Dipak, you need to come forward. This Commission needs to take note of the fact that last year
we ended our budget, last fiscal year with how much reoccurring revenue carried over? Approximately?
Mr. Dipak Parekh ( Director of Budget): The fund balance was one point eight million.
Commissioner Teele: And if the accountant, external auditor had booked certain expenditures as he
could have we would have been in a fund deficit.
Mr. Parekh: Absolutely, sir.
Commissioner Teele: OK. So, while one point eight million sounds like a lot of money, we finished this
budget last year by the skin of our teeth. Is that a fair statement?
Mr. Parekh: Yes, sir.
Mr. Warshaw: Yes.
Commissioner Teele: And it could have gone either way?
Mr. Parekh: Yes.
Commissioner Teele: And my concern Mr. Manager is two things. As we appropriate for next year that
we don't basically try to flush all the money out this year, because I heard on the... from five different
union leaders, four different union leaders talking about how they don't have a lot of confidence in our
systems yet. And I heard that also from the Budget Department that we are making a lot of
138 September 28, 1998
improvements in our system but nobody is willing to put their name on the line that their job rests on the
systems that we have. So...
Mr. Warshaw: I'll do that.
Commissioner Teele: So, how much money are you projecting that we are going to carry over next year
in the budget, based upon where we are today?
Mr. Parekh: Ah, we are looking....
Commissioner Teele: Of reoccurring, reoccurring dollars. Reoccurring revenues to reoccurring
expenses. So, I don't want to hear the Suarez... I mean, that talk about the thirty five billion dollars or
the forty million dollars ($40,000,000) we got in the bank. That doesn't even count. The State law
requires that the reoccurring budget be balanced with the reoccurring expenses, that's the only issue here.
Mr. Parekh: Then we are at 103 percent for fiscal year '99.
Commissioner Teele: We are 103 percent?
Mr. Parekh: Percent. Yes, of recurring over recurring expenses.
Commissioner Teele: Does that mean we have ... we are in a deficit or...?
Mr. Parekh: No we have a surplus.
Vice Chairman Plummer: Three percent over.
Mr. Parekh: But the surpluses are based upon roughly two point eight million dollars ($2,800,000)
worth of reserves.
Mr. Warshaw: That's a cushion that we built in when you...
Commissioner Teele: But we are at 103 percent?
Mr. Parekh: Yes.
Commissioner Teele: So, explain to me why we are rushing to spend all this money in the last seven days
of the fourth quarter. Why can't we just delay certain obligations?
Vice Chairman Plummer: What are you..? What is he trying...? Excuse me, are you trying to reduce the
budget or...?
Commissioner Teele: No.
Vice Chairman Plummer: If the money is there, why not clean the slate I guess is the....
Commissioner Teele: Well, I'll tell you why.
Vice Chairman Plummer: That's what I want to know.
139 September 28, 1998
Commissioner Teele: I'll tell you why. And I'll tell you what I'll ask the Budget Officer to tell you what
happened last year. Explain what happened to the one point seven million dollars ($1,700,000) that the
external auditor basically had to flip a coin on.
Mr. Parekh: Two things happened. Two things happened. Last we said basically that we had covered
all the prior year deficits. If you know we came before this City Commission to take the surplus funds
from the Public Service taxes which are in Fund Ten and brought it over to Fund One. If we had not
done that, we would have basically ended up with a deficit within the general fund. That's item one. We
had to discuss this item with our external auditors who gave that approval before coming up before the
City Commission. The second item is the following, and I think that's where Commissioner Teele was
asking about Special Programs and Accounts. Last year there was supposed to be two million dollars
($2,000,000) brought over to the Capital Improvement Fund because there were prior year deficits there
which we have recovered. That particular expenditure did not happen last fiscal year, it happened this
fiscal year where there was no budget. That's why one of the reasons you see an overage within SP&A
(Special Programs and Accounts). However, we had booked that particular expense in fiscal year 1997
you would have then been in a bigger deficit than what you have seen so far. So instead of ending up
with the one point eight million dollar ($1,800,000) surplus you would have really had a four million
dollars ($4,000,000) deficit.
Vice Chairman Plummer: Of the half a million that you are speaking of here, do we have the money to
cover that expense?
Mr. Parekh: Which particular expense are you...?
Vice Chairman Plummer: Well, the City Attorney said roughly half a million dollars ($500,000).
Mr. Vilarello: It's out of this... With regard to item...
Vice Chairman Plummer: Marquez.
Mr. Vilarello: ... 32, its' seventy-five thousand. With regard to item 33
Vice Chairman Plummer: Do we...?
Mr. Vilarello:... it's one hundred and forty-one thousand.
Vice Chairman Plummer: I would assume...
Commissioner Teele: But, J.L., they have got the cash, but let me tell you the problem. The problem is,
we don't know what's out there as the management has tightened up. And this management has done an
outstanding job. We don't steal, nobody is prepared to raise their right hand and say I know what's out
there and I can give you 100 percent assurance that this budget will come in on budget even though we
are at 103 percent, because I'll tell you something else. The Parrot Jungle fifty thousand dollar ($50,000)
fee is something that should have been booked three... two years ago.
Mr. Warshaw: That's correct.
Commissioner Teele: OK, and there all kinds of foolishness out here that I believe the Manager is getting
a good handle on. But, I have got to tell you, J.L., until we are absolutely sure, I don't think we should
140 September 28, 1998
take this budget down and balance out every dollar that we have got in our check book because there may
be some checks that were written by our estranged wife or somebody that nobody knows about.
Vice Chairman Plummer: Well... Yeah, but the question that I have is, if you don't spend this money as
indicated on today's agenda, what happens to the money?
Commissioner Teele: It carries over.
Commissioner Sanchez: It carries on.
Commissioner Teele: It carries over.
Vice Chairman Plummer: You know, you know I have been around too long here with carryovers. You
know what happens? Zip, they disappear, OK.
Mr. Warshaw: You are right. You are right.
Vice Chairman Plummer: Absolutely, I have seen it time, and time, and time again. You have got...
Commissioner Teele: J.L., if we can't keep up with money for 13 days, then we all ought to go home.
Vice Chairman Plummer: Arthur...
Commissioner Teele: Because I am going to tell you the... The counter balance to that argument is, if
somebody's invoice, and I'll tell you an example. I mean, let's put it on the record. The reason ITB
(International Trade Board) is overbalanced by... over -budgeted this year by six hundred and fifty
thousand dollars ($650,000) has more to do with bills that were not paid last year.
Mr. Warshaw: That's correct.
Commissioner Teele: OK. That's how... And I am going to tell you something else, if you apply this six
hundred thousand dollars ($600,000) to last year's budget and if you apply all of these other charges that
we are running through last year's budget, we didn't have a balanced budget. And if we didn't have a
balanced budget you've just extended the life of the Oversight board. The budgets of ITB based upon
what... What was that company that came here that you are talking about contracting with?
Mr. Warshaw: Unisys.
Commissioner Teele: The budget of ITD based upon what Unisys said before this Commission were
roughly seventy thousand dollars ($70,000) a month in expenditures. This happened a month and a half
ago, J.L., where seventy thousand dollars ($70,000)...
Vice Chairman Plummer: Well, I, I...
Commissioner Teele: ... in expenditures that were never booked and never paid.
Vice Chairman Plummer: Mr. Teele, there is probably more, OK. My fear is very simple. And that fear
is, that I have seen where we had these contingencies before. We have got roughly according to the City
Attorney a half a million dollars ($500,000) of obligations that we have got to pay. There is not... that's
not the question. Are they due? The answer is, yes. Do we have...?
141 September 28, 1998
Commissioner Teele: That's not correct.
Vice Chairman Plummer: Excuse me.
Commissioner Teele: That's... J.L., that's not correct. They are due in this particular case because they
are settlements. When either the judge orders them or the Commission approves them. That's the only
time the obligation occurs.
Vice Chairman Plummer: Well, that's all well and good, but the biggest one I never voted for, OK. But,
that's beside the point. The point is that you have bills that are due. You have the money to pay them
and I just think that they ought to be paid. Now that's... You know we have differences of opinion. I
just don't want to see anything else happen, but I am one vote here, I am not... I just assumed that the
Budget Director, the Finance Director, the City Manager put these items on the agenda because they felt
that it was the right thing to do and to get them paid.
Commissioner Teele: The attorney put them on the agenda and as of one o'clock today there has still not
been coordination with the Budget, Finance, and the Attorney. But, that is not to say that anything was
done... was done wrong, that... J.L., this is not their issue. This is a policy issue, and the only thing that I
am telling you is that the bills that you keep talking about being due are not due until we vote on them. Is
that a fair statement, Mr. Budget...?
Vice Chairman Plummer: That's absolutely, and that's what we intended to do today, but it was before
this item...
Commissioner Teele: Well, I am going to be very candid with you, J.L., I am only one vote, I will vote
against all of them not because I am against them. Because I believe that this Commission has enough
evidence to know that we need more of a cushion between today's date and Friday.
Vice Chairman Plummer: It's a...
Commissioner Teele And if we can't wait for one Commission meeting, that's what we are talking
about, then we have got some other issues. But, if you don't want to deal with it that way, I would just
like to resolve my issues and we can vote on that issue when those issues come up.
Vice Chairman Plummer: I hear you. To me, it's a false cushion, but that's beside the point.
Commissioner Teele: It's not a false cushion.
Vice Chairman Plummer: All right.
Commissioner Teele: It would be a false cushion if it were a purchase order being shoved in a drawer.
Vice Chairman Plummer: I have one other question. Mr. Manager...
Commissioner Teele: Could I get my questions resolved by the Finance Director?
Vice Chairman Plummer: I am sorry. Absolutely.
Mr. Warshaw: Can I ask the Finance Director just to respond to that question?
142 September 28, 1998
Vice Chairman Plummer: Sure.
Ms. Julie Weatherholtz (Director of Finance): As far as when we close our books for the end of the fiscal
year, one of the items that the external auditors will look for and they will stay in contact with any
attorneys that we are contracting with, is to determine if any liabilities are reasonably estimated and
reasonably assured to have to be paid. If they determine that both of those items are a "yes" then they
will cause that liability to be booked as of September 30th and as it gets booked it will be expensed and it
will be put to a liability to be paid at a later day. I just wanted to... that.
Vice Chairman Plummer: Excuse me, and I don't mean to be picking with you. Do you what the
potential liability of this City is right now?
Ms. Weatherholtz: I have not reviewed it in total.
Vice Chairman Plummer: Well, hold on. Mr. City Attorney, you better tell her, she is the Finance
Director. How many millions and millions of dollars is the potential liability right now.
Mr. Vilarello: Commissioner, I can't give you...
Vice Chairman Plummer: The last time I saw it, it was eighty-seven million dollars ($87,000,000). That's
the potential. Now, that maybe has been reduced since the last time I saw it. So, all I am saying to you,
when you talk about potential liability the auditors are going to say that that is an expense and has to be
put on an expense item?
Commissioner Teele: No, J.L.
Vice Chairman Plummer: I don't think we have eighty-seven million dollars ($87,000,000) on the tabs.
Commissioner Teele: Come on, you're confused. You're commingling totally... This has only to do
with one issue, J.L., obligation.
Mr. Vilarello: Commissioner...
Vice Chairman Plummer: I didn't bring... Arthur, I did not bring up that item, she did.
Mr. Warshaw: And I think what she is saying is, that even if you carry this over to the next meeting, if
there was evidence that was... occurred in the fiscal year prior and that it should have been paid in the
fiscal year prior, even if you pay it out of next... next fiscal year, it's going to be charged against this
fiscal year. So there is no...
Mr. Vilarello: Commissioner, can I address an issue for Commissioner Teele?
Vice Chairman Plummer: All right, look, I don't want to... I don't want to drag this out, OK. We have a
difference of opinion. Arthur will vote his conscience and so will I, all right? And that's not making
either one of us right or wrong.
Commissioner Teele: I only ask the Finance Director to please tell me what you are projecting our
carryover balance to be based upon the expenditures this year and just a simple statement regarding the
systems that we have in place now as it relates to picking up all of these miscellaneous items like the two
143 September 28, 1998
or three that are on the agenda today, that were actually obligations incurred not in the current fiscal year,
but in previous fiscal years.
Commissioner Sanchez: After paying all our bills.
Commissioner Teele: Excuse me, Mr. Teele asked a question, are you prepared to answer it?
Ms. Weatherholtz: I am prepared to answer the portion about the systems that are in control and the
recording.
Vice Chairman Plummer: The question that he just asked.
Ms. Weatherholtz: Uh-huh.
Commissioner Teele: In the year fund balance. In the year balance.
Vice Chairman Plummer: Then, you are on to give the answer.
Ms. Weatherholtz: Currently, right now since I have come on board, I have reviewed the financial
system, the computer system which we call SCI (Systems Consultants, Inc.) and I have also reviewed the
type of reports in which can be produced off of that system. There are several very, very helpful reports
that we are currently in the process of making available to all departments. We are also in the process of
establishing finance liaisons in each department so that we can personally get with those individuals, have
them learn how to read the reports. The reports are produced on a weekly basis and put out on the
computer system that they can access via the computers so they don't even need to print the report, they
can just look at it on their terminal, do what they need to with it, print that portion that they would like
utilize. In addition to that, we also making contact with people from your staff to also do the exact same
training with them. My Assistant Finance Director is going to be on board on Monday and one of his
first responsibilities is to begin the production of a monthly financial report that will be distributed to the
City Manager in a timely method and it will portray all of the funds of the City, not just the general fund
but it will portray it numerically. It will also have percentages on it of year-to-date budget by department
so that it will be very clear at any given point in time when a department is either ahead or behind in
payments because both situations deserve attention. In addition, we will also provide that graphically to
them so that at any given point you can look at a picture and you can quickly start looking for areas in
which to research. The Finance Department is going to take a proactive role in researching as we are
preparing the report, also being proactive to deal with the different departments to also help them
research. One other thing that I did want to mention as far as further controls on invoices being paid, we
currently have begun inputting all invoices that are received by the City into the computer in which this
was not being done in the past. So now, at any given point in time we can run a report that will show us
any invoices that have been received into the Finance Department that have not been matched to a
purchase order and paid. We are also looking at procedures that are currently in place for what they call,
direct payments, which is a form of paying an invoice that does not go through the purchasing system,
therefore, it causes for a manual research on if there is budget in that line item. So, we are currently also
looking at those procedures. The audit will begin within the next month and the auditors will work in
conjunction with them and I think that through that process we will also be able to determine some
additional internal controls.
Commissioner Sanchez: Mr. Vice Chair.
144 September 28, 1998
Vice Chairman Plummer: I strongly recommend the Manager's reports you are going to send to him
monthly...
Ms. Weatherholtz: Yes.
Vice Chairman Plummer: ... that you do it to each Commissioner also. Mr. Sanchez.
Commissioner Sanchez: Mrs. Weather... Is it Mrs. Weatherholtz?
Ms. Weatherholtz: Weatherholtz. Holtz.
Commissioner Sanchez: Holtz. Did ...? Were we doing this last year? Did we, did we do this last
year?
Vice Chairman Plummer: No.
Commissioner Sanchez: Was anybody doing that last year?
Ms. Weatherholtz: I wasn't here last year and I haven't found a report that's similar to what I am going
to prepare, but I do believe that there might have been some type of reporting.
Commissioner Sanchez: OK, and I just have one last question. Dipak. After paying our bills this year,
how much money will now roll over into FY '99 for reoccurring?
Mr. Parekh: That's two separate questions. The first one, I think you will have an estimated... No, I...
You are going to have an estimated forty-two million dollars ($42,000,000) carry over.
Commissioner Sanchez: Forty-two million carry over?
Mr. Parekh: Yes, sir. Now the question about the reoccurring and non -recurring is where we need to
have further discussion on because you have approximately thirty-two million dollars ($32,000,000)
worth of those expenses earmarked for the Blue Ribbon Committee initiatives and the strategic
investment initiatives per the five-year plan. Plus within it you have seven point eight million dollars
($7,800,000) worth of reserves... set aside for working capital. One million dollars ($1,000,000) for
contingency and another one point one million dollars ($1,100,000) for risk management. So the way to
properly answer this City Commissioner's question is that I don't believe that you have any other
additional recurring revenues which you can carry forward. I believe they are all reserved and
earmarked.
Vice Chairman Plummer: All right. Mister...
Commissioner Sanchez: I don't know whether you answered my question or not.
Commissioner Teele: Yeah, but...
Commissioner Gort: Let me ask you a question.
Vice Chairman Plummer: Mr. Gort.
145 September 28, 1998
Commissioner Gort: The reserve that we have do they have any restriction? Are they restricted funds?
Not all of them are restricted funds, are they?
Commissioner Teele: What did you say, Willy? Commissioner.
Vice Chairman Plummer: Only restricted by the Oversight Board.
Commissioner Gort: That those reserves that he mentioned, that he talked about...
Commissioner Teele: They are restricted.
Mr. Parekh: They are re... Well, there are two... There are two forms of restrictions. One is based upon
the City Commission in terms of the strategic investment initiatives which is approximately sixteen
million dollars ($16,000,000). The rest of it are earmarked for the Blue Ribbon Committee as well as the
working capital which are State mandated in terms of the Oversight Board. So about sixteen million
dollars ($16,000,000) the City Commission has to be recommended.
Vice Chairman Plummer: I have one further question.
Commissioner Gort: I haven't finished.
Vice Chairman Plummer: I am sorry.
Commissioner Gort: Now, let me see if I can understand the debate that is taking place between you and
Commissioner Teele. My understanding is, Commissioner Teele, you are requesting that the five
hundred thousand dollars ($500,000) that is being requested by the attorney be held until the next
Commission meeting for the reason being that we think that by the 30th we will know if we might need it
or not.
Commissioner Teele: Those which an obligation has not occurred.
Vice Chairman Plummer: You know you need it.
Commissioner Gort: OK. Excuse me. I know. Let me finish, will you? Now, my understanding is,
Plummer has been here for a long time, he's afraid that if we set aside those five hundred thousand
dollars ($500,000) and they are there in surplus somehow the Manager or staff administration will find a
way to spend it. Now, let me ask you a question. Can we request that those five hundred thousand
dollars ($500,000) be set aside and not to be utilized unless we put the restrictions, whatever restrictions
that have to be utilized for the use it was put before.
Mr. Warshaw: Those dollars are not budgeted in the fiscal year 99.
Commissioner Gort: So it's not in the budget?
Mr. Warshaw: They are not in the budget.
Commissioner Gort: OK.
Vice Chairman Plummer: Pay me now or pay me later.
146 September 28, 1998
Commissioner Gort: So we are going to budget this for ninety... `98-'99? Is that what you are saying?
Mr. Warshaw: ... carry them over and want to pay them, you know. Forgetting it for a minute what the
Finance Director said, they are not budgeted for next year.
Commissioner Gort: OK.
Vice Chairman Plummer: In my business you pay me now because there ain't no later.
Commissioner Teele: Well...
Mr. Warshaw: You know, and I want to just add, the two point eight million dollar ($2,800,000) reserve
that was built in, that's not a reserve that I want to spend. At the end of the year I would like to have that
reserve and more as has been mandated by the Commission that we try to save money and bring in
additional revenues. The problem is, we don't designate our reserves.
Commissioner Teele: Right.
Mr. Warshaw: We have a pot of reserves. So every time the Commission passes an item that has a
legislative impact it's taken out of that reserve account. It is not a designated reserve, it's a pot of money
that's basically a reserve for the entire budget. I don't want to spend that money. I don't want to see
those dollars go down. And we are going to work hard, and in response to Commissioner Teele's
question and the one I thought was the most important of all, was that whether or not the Department
Directors are comfortable with their budgets. And the answer is, yes. Everyone has now had a chance to
look at those budgets. We understand what the restrictions are, the full funding for vacancies. We are
going to stage the hiring of those additional individuals under the Blue Ribbon initiatives. And I can say,
we are comfortable. If items come before you that are not in the budget, I am going to tell you on the
record that these are items that are not accounted for, there is no line item justification and we will have
to go into those reserves.
Commissioner Teele: My, my... Mr. Vice Chairman.
Vice Chairman Plummer: But you also need to tell us at the same time what the reserves are.
Commissioner Teele: Mr. Vice Chairman, my only question and I think the question that Commissioner
Sanchez asked is, ending this year, FY '98 what is the amount of carry over of reoccurring revenues are
we projecting? You know you talked about next year's budget, you know, ending this year, FY '98. As
of September 30th what is your projection of reoccurring revenues? Because let me tell you, the State
law is very clear and our contract with the Oversight Board is very clear. We can have one hundred
million dollars ($100,000,000) in the bank. If our reoccurring revenues... If our reoccurring expenses
exceed our reoccurring revenues, we are in violation of our Interlocal Agreement and that starts the clock
all over again on the Oversight Board. Is that a fair statement, Mr. Attorney, and Mr. Dipak?
Mr. Parekh: Yes.
Mr. Vilarello: Yes.
Commissioner Teele: And what I am saying to you, J.L., because you are the one who was here when all
this mess started. I don't want to start the clock over with the Oversight Board. And I am telling you last
year, we got away with a flip of the coin between whether to start the clock over and the Oversight... Our
147 September 28, 1998
Interlocal Agreement requires that they have how many years of oversight over us until we have balanced
budgets?
Vice Chairman Plummer: Two years after balanced.
Mr. Parekh: Three years.
Mr. Vilarello: I believe it's three years.
Commissioner Teele: It's... I thought it was three years.
Mr. Vilarello: After two consecutive balanced budgets.
Commissioner Teele: It's three years after...
Mr. Vilarello: After two consecutive balanced budgets...
Vice Chairman Plummer: Oh, two con... OK.
Mr. Vilarello: ... they have three additional years.
Commissioner Teele: After two consecutive balanced budgets. And the only point that I am making
J.L., if somebody somewhere along the line comes up with some expenses that were not booked before
Ms. Weatherholtz got here, and not booked before all those beautiful things that she says we're going to
do next year, and they come up and they hit the budget... The bills that do not when we find them, but
when they were... when they were incurred, and the external auditor has already told me privately if...
whether or not he tells you anything given the way you beat him up is another question. But, he's already
said to me privately, he's is going to go strictly by the books with us on this thing.
Vice Chairman Plummer: Mr. Dipak.
Mr. Parekh: Sir, two issues, if we had taken a look in a strict definition that in order to have a two years
worth of recurring surpluses in terms of recurring revenues over recurring expenses, then I would submit
that fiscal year 1996 was not a recurring year. The way our agreement is crafted, is that you have to have
two years of successive surpluses at the end of the fiscal year. However, at the beginning of the fiscal
year we need to have, or any type of revised budget needs to have recurring revenues over recurring
expenses.
Commissioner Teele: Any my only question is, what is the amount of surplus at the end of this year, FY
'98, that you are projecting we are going to have, and Ms. Weatherholtz is projecting we are going to
have, and need you to say that on the record, Mr. Dipak?
Mr. Parekh: I think already did, Commissioner. But, I estimated earlier that it's going to be between forty
to forty-two million dollars ($42,000,000). Now, in... in... to talk...
Commissioner Gort: Reoccurring revenues?
Commissioner Teele: No...
Mr. Parekh: No, sir. Because you had forty-four...
148 September 28, 1998
Vice Chairman Plummer: In surplus.
Mr. Parekh: This year's budget, you have forty-four million dollars ($44,000,000) worth of land sales.
So... and all of those monies went to the general fund...
Vice Chairman Plummer: They are gone.
Mr. Parekh: ... and they are non -recurring revenues.
Vice Chairman Plummer: That's right.
Mr. Parekh: So, therefore, any carryover to future years is basically a non -recurring carryover.
Commissioner Teele: Why can't you say that?
Mr. Parekh: I thought I did.
Vice Chairman Plummer: Because you can't generate more property.
Commissioner Teele: Did you hear that, Willy? I never heard it. So how much money are we going to
end the year with in... in reoccurring revenue, not...
Commissioner Gort: None.
Vice Chairman Plummer: None.
Commissioner Teele: The answer is, how much?
Mr. Parekh: Zero.
Commissioner Teele: OK.
Vice Chairman Plummer: OK.
Commissioner Teele: Now, have you heard that number before? OK, nobody has
Vice Chairman Plummer: Now Mr. City Manager, ex -Police Chief, and damn near ex -Manager. You
and I got in an argument and I want to get it clear right now. One of the main factors of the Oversight
Board and the Blue Ribbon Committee was to do an operational review of Police and Fire. Now, we
talked about before that from the VIP (vehicle impoundment program) program that we would get the
first six hundred thousand dollars ($600,000) for that study, not that we are going to spend it, but in case
it ran up to that amount of money. Now, do we have a commitment that the first six hundred thousand
dollars ($600,000) of the VIP program projected will be for the purpose of that demanded by the
Oversight Board?
Mr. Warshaw: I think what you are talking about is the first six hundred thousand dollars ($600,000)
over the initial revenue projection which I believe was one point two million. That was the initial...
Vice Chairman Plummer: I am talking about in the coming year.
149 September 28, 1998
Mr. Warshaw: Right, in the coming year the original projection for vehicle impoundment was I believe,
one point two. We increased that number based upon going to one thousand dollars ($1,000) and are
estimating one point eight. So the questions is...
Vice Chairman Plummer: One third.
Mr. Warshaw: ... are we going to get the one point eight?
Vice Chairman Plummer: No, no, the question is, are you going to get to the six hundred, because we are
going to start doing this very, very quickly? OK, I just wanted to make sure that there is a commitment
for that amount of money. All right, now, let's go back to `B." Arthur, don't leave please, I'm trying to
get this done. The amendment of the appropriation. Is there anyone else who wishes to speak to item 48-
B? Moved by Gort, seconded...
Mr. Tony Rodriguez (President, Fraternal Order of Police, Lodge #20): Wait, wait, wait. Wait, wait,
now. I want time to get up. Tony Rodriguez, FOP (Fraternal Order of Police). Would that include the
issue that you just brought up, Commissioner?
Vice Chairman Plummer: The what, sir?
Mr. Rodriguez: About the review of the Police and Fire Departments would that be...?
Vice Chairman Plummer: That's included in this appropriation.
Mr. Rodriguez: Well, I just for the record I would like to say that we are totally in opposition of that.
That's... I don't understand how in good conscience all of you here can recommend that we spend six
hundred thousand dollars ($600,000) on a review that is not necessary when we have just increased rates
to our citizenry.
Vice Chairman Plummer: OK.
Mr. Rodriguez: That is a review that was done... The Oversight Board did it ad infinitum. The Blue
Ribbon Task Force Committee report did it. I mean, we have been reviewed ad infinitum for the last year
and a half, two years. We have been praised nationwide, by the way our department, and I speak as to the
Police Department conducts its work. Crime has been going down in a record pace for the last five years.
I mean, I am not saying that we don't need it, or that it might not be a good idea, but not now. How can
we take six hundred thousand dollars ($600,000) that we desperately need and throw it into a study and
to... And, it's going to be more than that, by the way. It...
Vice Chairman Plummer: All right I don't know where you get your numbers from, but it's an amount
not to exceed.
Mr. Rodriguez: Well, ask them ask them. Ask them what they think it's going to be.
Vice Chairman Plummer: Well, I didn't ask them because we are going to be doing it, not them.
Mr. Rodriguez: Yeah, but you are going to pay somebody to do it.
150 September 28, 1998
Vice Chairman Plummer: We are going to pay somebody to come in and do as recommended by the
Blue Ribbon Committee and the Mayor's Budget Committee.
Mr. Rodriguez: Ask them what they think it's going to cost, ask them.
Vice Chairman Plummer: Well.... who do...?
Mr. Rodriguez: As them if they think it's going to six hundred thousand.
Vice Chairman Plummer: Who would you like me to ask?
Mr. Rodriguez: The... this... your Manager.
Vice Chairman Plummer: OK, my Manager, answer his question of what you anticipate.
Mr. Warshaw: Depending upon the company you choose and the extent of the study you can anticipate
anywhere from half to a million...
Vice Chairman Plummer: Absolutely, and we, the Commission will determine both of those factors.
Mr. Rodriguez: OK.
Vice Chairman Plummer: Thank you, sir.
Mr. Rodriguez: Well, let me just say, Commissioner. Even at six hundred thousand dollars ($600,000), I
think it is unreasonable and it's unfair that we use six hundred thousand dollars ($600,000) from this
budget when we could use it for parks, for a park in Little Haiti. We can use it for so many other things
and we are going to use it for a study, another study. Let me tell you, we have enough studies in the City
of Miami, especially to study the Police and Fire Departments which are one of the few departments
that... that have saved you money. So, I just want you to know we oppose this, we firmly oppose this. It
is not needed, and it's a waste of money. Thank you.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: Mr. Vice Chairman.
Vice Chairman Plummer: It doesn't preclude of course, that it could be saving or find savings of three to
four million dollars ($4,000,000). Yes, Mr. Teele.
Commissioner Teele: Mr. Vice Chairman, I would like to amend the budget...
Vice Chairman Plummer: All right, sir.
Commissioner Teele: ... to include the following language relating to the Office of Management and
Budget...
Vice Chairman Plummer: All right, sir.
Commissioner Teele: ... which is an instruction directing the Manager to instruct the Office of
Management and Budget pursuant to its authority under Chapter 2, Article IV, Division 12 of the Code of
151 September 28, 1998
the City of Miami to reconcile and close out all prior year HOME Investment Partnership funds,
Community Block Grant Development funds and all other grants that are funded by the U. S. Department
of Housing and Urban Affairs. Mr. Manager... Mr. Manager, you and I have discussed this, Mr.
Manager. You know that we are in the what year, 25th year of CDBG (Community Development Block
Grant) funds?
Mr. Warshaw: That's correct.
Ms. Gwendolyn Warren (Director, Community Development): Twenty-four.
Mr. Warshaw: We are going into the 25th.
Commissioner Teele: We are going into the 25th year.
Ms. Warren: The 24th year started June 1.
Commissioner Teele: OK, so this budget is... This budget relates... it goes into the 25th year. This is FY
'99. We have not closed out any CDBG of these 24 years. There is no close-out documents. Mr.
Manager, this has gone back and forth, back and forth. The codes of this City are very clear.
Management and Budget should have done it, and what I am saying is that I want the language in the
Management Budget instructions to be very clear that they are to get it done and they are to report back to
this Commission on a quarterly basis closing out every CDBG, every HOME grant, every other grant of
housing money. Now, I am going to break the code just so everybody knows. There is a about forty
million dollars ($40,000,000) of estimated money between year one and today. It may be ten million, it
may be thirty million, it may be twelve million. But, until we close out every grant starting with year one
which was 24 years ago, we are not going to know, and Management and Budget needs to get about their
business of doing their job. Now, Mr. Manager, I really don't want to have to hear from your staff on
this, I want to hear from you on this.
Mr. Warshaw: Well, I want to hear from my staff if this is doable in this time frame, so I would ask Ms.
Warren to...
Vice Chairman Plummer: Well, excuse me, may I ask a question?
Commissioner Teele: I didn't give him a time frame, but I said every quarter to give us a... for the
Management and Budget Office to give us a report.
Vice Chairman Plummer: Mr. Teele, if I may? How does this relate to 48-B?
Commissioner Teele: It relates to the budget... the appropriations of the Office of Management and
Budget.
Vice Chairman Plummer: So, in other words, what you're doing is...
Commissioner Teele: Is...
Vice Chairman Plummer: ... either increasing or restricting?
Commissioner Teele: No, I am not increasing, this is called proviso language in the budget. This is
proviso language...
152 September 28, 1998
Vice Chairman Plummer: It does not incur any expenses?
Commissioner Teele: It does not incur any cost, but it requires... It is a requirement for them to do it as a
part of their budget.
Mr. Vilarello: Commissioner, you are suggesting...
Vice Chairman Plummer: If it doesn't incur expenses, why would it be considered under the
appropriations ordinance?
Commissioner Teele: Because it's proviso language, J.L.
Mr. Vilarello: Commissioner, Commissioner...
Commissioner Teele: And something... As you get into an Executive Mayor you are going to learn the
importance of why you want to have proviso language.
Vice Chairman Plummer: Go ahead.
Mr. Vilarello: Commissioner, are you suggesting that within the recitals of the appropriation ordinance
we put... we incorporate this language that you just...
Commissioner Teele: No, I'm... I am... No. Proviso language is contained as a note to the various
departments.
Vice Chairman Plummer: All right, Mr. Manager, he wishes to hear from you and not your staff.
Mr. Warshaw: No, I am sorry, Commissioner. Ms. Warren is an expert in this area and she is going to
be the one responsible...
Vice Chairman Plummer: Mr. Teele, will you accept that?
Commissioner Teele: Well, I'll accept anybody except for one thing. We've got a code here that I have
cited that basically says we should have been closing out grants for the last 24 years. And since
everybody wants to start helping the CRA (Community Redevelopment Agency), let's help the whole
City. Because the problem is not the CRA, the problem is the City.
Vice Chairman Plummer: All right, Ms. Warren, if you can address the issue.
Ms. Warren: The issue as I see it is this. One, I think the Commissioner is correct, we do need to
technically close out the prior years, but I would like to qualify that statement. On an annual basis, the
City has been responsible for reporting to HUD (Department of Housing and Urban Development) our
annual expenditures, any projected carryover and then once a year we reallocate any new monies plus
unspent monies from the prior year. Because of the cycle of when the CDBG program closes out which
is May 30th, and when the City year ends which is September 30th there is a five -month lag. What has
occurred over a series a years is as a result of that five -month difference and book closing out there
continues to be additional monies that are not indicated in the federal close-out but do become available
once we close out our programs. We have... When I initially took this position, the issue at that point in
time was, perhaps the monies were available because the program years had not been closed out. In
153 September 28, 1998
essence, that's part of the issue, but a year and a half ago, the federal government implemented a new
financial management system called IDIS (Integrated Disbursement Information Systems). The benefit
to IDIS which is a federal management draw down system is that what it allows you to do once we went
on line which was August of '96, what occurs is, every time we submit a bill to be reimbursed it draws
against the furthest available monies in our CDBG allocation. So in essence, what has occurred over the
last two and a half years, every time we pay a bill it draws on the monies available in the furthest year,
year 11, 12, 13 or whatever. I have just received... We have been balancing our IDIS report for purposes
of close-out. What it has indicated is, is that as of this date, the Commissioner is correct. If we take away
any monies that have been currently obligated or any expenditures that are out there that we owe, it
appears that including in the 24th year, we may have close to sixty million dollars ($60,000,000). Again,
if you take away all of the current year allocation, any bills that we have not received, which I am
estimating to be about fifteen million, the balance should be available. So, again, what the federal system
has done is, it has reconciled the prior years only up to year 21. What I am currently trying to do with
staff is to balance out all open contracts, take away any outstandard... outstanding encumbrances and that
will give us our actual balance available. It is my current projections that we are looking at
approximately a forty million dollar ($40,000,000) allocation next spring. It will take me approximately
six months to ensure that we one, do not overspend, that all open contracts are canceled out, and that we
can have a fair and objective planning process.
Commissioner Teele: Mister...
Ms. Warren: And that I have been instructed to complete by the Manager.
Commissioner Teele: Mr. Manager, again, my issue has nothing to do with the accounting of this, but
what I am concerned about is that we get back into the same check and balance process, that we get out of
this process that gave us this Oversight Board problem. I have confidence that the Community
Development Office can reconcile their accounts. But what we need is, the check and balance process
which we have just created by separating Finance from Budget, and we are still into that, Mr. Manager, as
it relates to the Community Block Grant Development. You see, and when... And the only thing that I
am asking for is not a discussion of what we're doing, but a commitment from the Manager that we are
going to bring the check and balance process that we've established Citywide now to Community
Development. And that is, that the Community Development Office will begin to close out... And let me
just say this, Mr. Manager, I am not talking about closing out programs. I am talking about closing out
years, and the question is this: how many years in the 24 years that we have been existing have we closed
out our budget? How many years closed out of the 24 years, of the total close-out? I read in the Miami
Herald every three or four months that the City... Dade County is moving eighteen thousand dollars and
forty-two cents ($18,000.42) from the Opa Locka Neighborhood Development Program to the Opa Locka
Housing Program. The reason they are doing that - of FY '95 money, or FY'92 money, is because that
we are closing out. We haven't closed out any years. Now somebody needs to say, Teele, you are
wrong, or Teele you are right. And what I am saying to the Commission is, it's up to us, not the Manager
to ensure that we have a check and balance process in this. Have we closed out any of these grant years?
Ms. Warren: The answer is no.
Commissioner Teele: Twenty-four years of doing it this way, J.L.
Ms. Warren: But, the other answer is that, as a part of the IDIS system which is the new federal grants
management system where we literally draw down money based on authorizations and expenditures...
authorized expenditures by you, and bills by agencies. It has a... It has two pieces. One is the
authorization side which is handled through Community Development and the other one is the approval
154 September 28, 1998
to draw down monies based on authorized expenditures by the Commission which is done in the Finance
Department. So, the IDIS System now has the proper checks and balances in that we only authorize the
expenditures based on the contract. Finance will actually draw down the approval and issue the check
from the bank. The third part of the IDIS System which is going on line this October is the 20-20 Grants
Management System. And what that basically allows us to do is to go on line with HUD for the purposes
of doing all our contracts. It's a rather sophisticated system and I think the Commissioner is absolutely
correct that we never technically closed out those grants. It did cause problems and it's only due to the
era of automation that we are able to at this time give you a good range of where our money is, and a
more accurate range in about six months.
Commissioner Gort: Mr. Chairman.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, I take exception. It is not due to automation. It is due to the fact
that we... Look, if we had a little old lady with green eye shades in the basement of this building, we
could close out every year like every other City in America does. Now, I have seen, and been involved
with administering a four billion dollar program involving every City in the nation, and you close-out.
Now, it's not uncommon for close-outs to be two years behind, three years behind or four years behind.
Because sometimes it takes that long to move money through. But we have a City right now that is
twenty-four years of existence and twenty-four years without close-out. And let me just say this, when
they are proposing to take money, J.L., when the Manager and his staff are proposing to take money to
fund your lot clearing by snatching money from the CRA, I got a problem with the system, OK. Because
if they got forty million dollars ($40,000,000) in the system then why in the hell would they be talking
about taking money from Overtown to do lot clearing, because all that's going to do is get you mad at me
and me mad at you, and it ain't going to happen. I don't think there is four Commissioners or three
Commissioners up here that would support that stupidity. But the point that I am saying, Mr. Manager,
Mr. Vice Chairman, is that we need to get on with the business. We have an ordinance that is in effect,
it's been in effect. It directs the Office of Budget and Management to provide the check and balance as
we do with the Finance Department. If you read it, Mr. Attorney into the record it will be very clear, and
what I want to do is get on with this business of getting these grants closed out without a whole lot of he
said, she said.
Commissioner Gort: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Mr. Manager, one of the problems that I have always in here is, we never knew how
much money we had in CDBG. And, Commissioner Teele is right. And every time I have asked of the
administration how much we have, what we can do? Nobody could answer that question, so I am glad we
are going to the system where we are finally going to be able to determine how much we really have and
utilize it the best way for the benefit of the City. I think that's one of the biggest problems we had in the
past. We were never able to do it, and that's why a lot of times when we were talking about different
projects, the administration will come for funds without even us knowing where it was coming from.
And I think it's very important that we do close this. And I agree with Commissioner Teele, and then we
set up a plan for the money that we have. We all know we need it.
155 September 28, 1998
Mr. Warshaw: And Commissioner, I agree with you 100 percent. The years I have been here, I have
listened...
Commissioner Gort: Well, you have been here, right.
Mr. Warshaw: ... over the years, no question about it. And, that's why I asked Ms. Warren to express the
things she did. We are not in any way in opposition to doing this. I want to know how much money we
have. I want to know that we've cleared all our prior years, and I am committed to ensure that 100
percent happens... I have all the confidence in the world in Ms. Bianchino, Ms. Warren and her staff that
this will get done.
Commissioner Teele: Well, I just want to clarify one thing. I have been in a lot of budgets. I have gone
up on the Hill at least 40 times to testify on appropriations. I have never heard somebody say, is that a
budget item? Look this is proviso language and if this Commission is going to be a legislative body, OK,
we need to understand how to write proviso language and I am shocked that the City Attorney is asking
the question as to what budget line this is in. This is proviso language relating to that department, and all
that I am saying to you is, is that if we move into a true Mayor - Commission form of government, the
only thing that we are required to do by State law is to appropri... is to pass a budget and the
appropriations, only we can do that. The Manager can't do that, the Attorney can't do that, the Mayor
can't do that. And everything else we do are things that by emergency order as we did, bought some
dogs the other day, the Manager can do it, OK. I mean, just so that the record is clear. And the only
thing that I am hoping that this Commission, that the Commission, not the Manager, not the Attorney, but
the Commission will understand and begin to do is focus on using the budget and the appropriation
process to prioritize things that are important. And, J. L., you know, it just always amazes me how your
six hundred thousand dollars ($600,000) that you want to basically direct be done is all right. But, I am
instru... giving a direction without money. It merely says to the Budget and Management Office that they
will coordinate this as it's required under our ordinance and report back to us on a quarterly basis, and I
am moving that as an amendment to this, and I want to also say that I would like the Commission to
decide whether or not you would like an amendment that basically would transfer the budget items
including personnel coordination, printing and copying of the distribution of the Commission Agenda and
all items to the Office of the City Attorney. And again, I believe that in the context of being a legislative
body we need to have control over our process and... And the mere fact that you just saw how this vote
went today on the Manager, it's very clear that under the procedures that we're looking at, the Manager is
going to less and less work for the Commission and more and more work for the Mayor. And that's fine,
I don't have a problem with that. When the Mayor vetoes that, that effectively will be what happens. But
let me just say this, it is important, I believe, for the Commission to have control over its legislative
agenda. And I will also offer that, Commissioner Plummer, I don't know how you feel about it, as a
second amendment relating to the budget.
Vice Chairman Plummer: All right, let me... Just for our edification, Mr. Teele. I have no problem with
your second portion relating to the closing out of the... of the CD (Community Development) books. The
only question I would have is, how do we know how big of a check...
Commissioner Teele: J.L....
Vice Chairman Plummer: ... we can write without knowing what the balance is. That's... Hey, that
remains to be seen. As far as the City Attorney, I think that we realize that under the old form of
government, so old, six months ago, that it was the Mayor who controlled the budget. And I think in Dade
County which we supposedly patterned after that that was an item that was the... the Chairman of the
Commission or the Presiding Officer. Now, if you want to make it the City Attorney, that's fine. It
156 September 28, 1998
depends on how you want to do it because at this particular time, I was surprised to find out that there is
no provision in our Charter for a Chairman and a Vice Chairman. I was... I thought that that was
automatic when we did it from the County. But that's beside the point. So let's get down to right now
48-B, and you have the amendments made by Commissioner Teele. Mr. City Attorney.
Mr. Vilarello: With regard to the last item with the agenda preparation, that currently is a provision of the
City Code and it's under the City Manager. Until you amend that ordinance to amend the appropriations
ordinance to reflect an ordinance which has not yet been adopted I think would be... would not be
prudent. The better course to take would be to present an ordinance making an amendment to Section 2-
33 of the City Code and subsequently you can pass an appropriate... an amending appropriations
ordinance to move those funds to the... to wherever you decide to change or to require the agenda
preparation.
Commissioner Teele: Do you have an ordinance prepared?
Mr. Vilarello: No, sir, I do not.
Commissioner Teele: Even though we discussed this today.
Mr. Vilarello: Yes, sir, we did discuss it. I wasn't able to do that before one o'clock today.
Vice Chairman Plummer: Mr. Teele, what do you wish to do?
Commissioner Teele: I was... obviously will defer to the City Attorney's ruling on the second item and
will go with the first one. I also would like to ask the City budget office to give us some instructions
regarding the OMNI tax increment district and I would like to offer an amendment directing the Manager
to instruct the Office of Management and Budget and Finance to transfer all funds currently in the OMNI
TAX increment district to a newly created OMNI tax increment capital improvement fund. These funds
would be utilized only for approved capital projects within the tax increment district in accordance with
State Statute and I know that I have discussed this with both the Finance Director and the Budget Director
and basically, J. L., what this does is that it provides the... It...
Vice Chairman Plummer: All right. Then, do we handle it as an amendment to the bud... to the 48-B or
is it...?
Mr. Warshaw: Excuse me. The Budget Director is saying he doesn't understand what this is, and I
would like to say on the record, I don't fully understand it and I would like to have a better understanding
of the impact this has on the budget.
Mr. Parekh: It's a carryover.
Commissioner Teele: All right, it's... This is not a carryover. It is a carryover in the sense that in the tax
increment district now under the Interlocal Agreement we are carrying nine hundred thousand dollars
($900,000), OK. Of...
Vice Chairman Plummer: Nine hundred thousand dollars ($900,000) into the CRA (Community
Redevelopment Agency) budget from where?
Commissioner Teele: No, no. No, no, no. Hold it. Forget the CRA for a minute. Think about the tax
increment district.
157 September 28, 1998
Vice Chairman Plummer: OK.
Commissioner Teele: The funds can only be used in that tax increment district.
Vice Chairman Plummer: Have we received those funds?
Commissioner Teele: We have received no funds from the County. We have re...
Vice Chairman Plummer: Well, but I... The last time we were here, it was your comment at that
particular time that if we did not receive the funds we were not going to put it in the budget.
Commissioner Teele: Well, we have to put it in the budget, J.L. But, what we're saying is, the funds....
These are three years of carryover funds, and the problem is this, the Interlocal Agreement that the City
and the County signed provide that that City will only get one point two million dollars ($1,200,000)...
Vice Chairman Plummer: At the most.
Commissioner Teele: ... of money, and after that all of the money goes to the County for the Performing
Arts Center until it's about two and half million dollars ($2,500,000) effectively for the next...
Commissioner Gort: One...
Commissioner Teele: ... one and a half million. Effectively for the next 20 years.
Vice Chairman Plummer: So then, the proviso on that would be that the CRA could not spend or allocate
any of those funds...
Commissioner Teele: It doesn't go to the CRA. It goes to the OMNI tax increment district. Any...
Vice Chairman Plummer: That those funds can... those monies cannot be allocated until such time as the
money is received from the County.
Commissioner Teele: It would be that those funds could not be allocated until such time as we move
them back or we allocate them somewhere.
Vice Chairman Plummer: Well, because we have been trying for three years to get that money and every
time they keep telling us we'll pay you next week.
Commissioner Teele: But, J.L.
Ms. Dena Bianchino (Assistant City Manager): Can 1 clarify two... Let me clarify one thing. There is
about one point two million dollars ($1,200,000) that is owed to the City by the County.
Vice Chairman Plummer: Yeah.
Ms. Bianchino: It is going to the County Commission by resolution on October 6th. We will get the
money from them approximately 15 days thereafter, after their veto period is over. We are getting the
one point two million dollars ($1,200,000). Commissioner Teele is absolutely right. We get that money
158 September 28, 1998
and then after that point, one point four million dollars ($1,400,000) every year of the increment goes to
the Performing Art Center.
Vice Chairman Plummer: Well...
Ms. Bianchino: Should there be increment above that, we would get it, but that's...
Vice Chairman Plummer: Dena, do you know how many times that's been on the County agenda?
Ms. Bianchino: Well....
Commissioner Teele: Since 1996.
Vice Chairman Plummer: Do you know how many times we've anticipated the money being spent?
Ms. Bianchino: We'll get it.
Vice Chairman Plummer: Do you know how many times we have gone down there and knocked their
heads? For you to stand there, I think you are very, very foolish to say it's going to be 15 days after
October the 6th. I would hope you're right, and I have hoped that you were right on any number of
occasions, but they have found every reason in the world not to allocate that money to this City which has
been due and owing for years.
Ms. Bianchino: We're going...
Vice Chairman Plummer: So, all I am saying is again, don't spend money we don't have. Don't allocate
it.
Commissioner Teele: Commissioner, it's, it's... The Manager needs more time to evaluate this. All that
I am recommending that we do is move the money into an account under this budget, and then if we want
to move it back into the tax increment, it's fine, but let me just tell you what the budget implication is,
J.L. The budget implication is the following. And this is all in your district by the way. All of this is in
your district and these funds can only be used in that district. The agreement that the City signed with the
County provides that once one point two million dollars ($1,200,000) are in the fund all of the dollars
after that go effectively to the County for the purpose of the Performing Arts Center. Let me just state it
another way. We put up about 350, they put up about 150, and the numbers may be... need to be round,
and they get all of the money after the first one point two million. By removing the nine hundred
thousand dollars ($900,000) out of the account, it means that the account now would only be replenished
or would be diverted to the County once an additional one point two million is there, which means we
would have nine hundred thousand dollars ($900,000) to spend for capital projects in the OMNI tax...
Commissioner Sanchez: The tax increment...
Commissioner Teele: ... increment district only. If you leave the money in there, given the fact that the
County has not matched the money to -date, you are going to reach the one point two million dollars
($1,200,000) in fifteen days. And that means, after that for the next ten years all of the money goes to the
County. So, you can leave it in and lose nine hundred thousand dollars ($900,000) potentially for your
district or you can take it out and potentially have an additional nine hundred thousand dollars
($900,000), and simply say to the County, we are not going to retroactively match money. That's all that
you are saying.
159 September 28, 1998
Commissioner Sanchez: Mr. Manager.
Vice Chairman Plummer: Mr. Teele, when... Excuse me.
Mr. Warshaw: Let the Finance Director make a statement about it.
Vice Chairman Plummer: Excuse me, Mr. Teele.
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: When was the Interlocal Agreement signed?
Commissioner Teele: I believe the Interlocal Agreement was signed at least eight years ago. But the...
the final agree....
Vice Chairman Plummer: It has never... It has never been signed.
Commissioner Gort: Oh, yeah, it's signed.
Commissioner Teele: The final agreement... The agreement...
Commissioner Gort: I got it signed.
Vice Chairman Plummer: When?
Commissioner Teele: J.L., it was signed, but let me tell you. The agreement...
Vice Chairman Plummer: It was?
Commissioner Teele: The agreement that the County and the City reached was in 1996, and
unfortunately I sponsored the legislation that has basically hurt the City, and I am telling you that. I am
trying to make amends by snatching nine hundred thousand dollars ($900,000) out of this account.
Because once the County will monitor this Commission meeting, as they have staff that does for every
City, they are going to rush to get the money in because they realize we don't have to retroactively fund
this. We can take the position we are going to fund it in the fiscal year that we receive the money, and if
we do that, we get nine hundred thousand dollars ($900,000) more for this district.
Vice Chairman Plummer: That's fine.
Commissioner Gort: Question.
Vice Chairman Plummer: If we get the money, that's fine.
Commissioner Gort: Question. Do you have these funds allocated in your budget?
Ms. Weatherholtz: Actually over the past two years the City's portion of the tax increment has been put
over into that fund even though the City has not received the County's portion.
Vice Chairman Plummer: Not a dime.
160 September 28, 1998
Ms. Weatherholtz: And so... from my clarification what I believe Commissioner Teele is saying is, to
take those monies out of the operating CRA fund and allocate them to a capital project CRA fund.
Commissioner Teele: For OMNI.
Ms. Weatherholtz: For... he's requesting for the OMNI.
Vice Chairman Plummer: The OMNI district.
Ms. Weatherholtz: I have not... We feel that it's close to, you know, roughly the amount that he is
saying, nine hundred thousand. At this point, I have not spoken to legal about verifying in the agreement
if that can be done. But, if that does end up being a positive thing for the City then we may want to look
at moving those funds to a capital project fund.
Commissioner Gort: My understanding, I was assigned that job at that time to get the County to sign.
My understanding is, the funds was to be utilized for the capital improvement into the opening of the
Performing Arts Center, then that money will start going to Performing Arts Center. Now my question
was, because you said you had questions about the budget itself. I don't think this will have any impact
on the budget because you had not placed this on your budget at all.
Vice Chairman Plummer: No, not on the budget.
Mr. Parekh: Absolutely, not.
Commissioner Gort: So, this will not have an impact on your budget at all.
Vice Chairman Plummer: No.
Mr. Parekh: No.
Commissioner Gort: OK. Let's go.
Vice Chairman Plummer: All right, again, are we going to handle this as an amendment to the bud... to
the item B, then let's vote on the amendment first. Mr. Teele, spell out your amendment.
Commissioner Teele: I move the first amendment is that the City Commission directs the Manager to
instruct the Office of Management and Budget and Finance to transfer all funds currently in the OMNI
tax increment trust fund to an OMNI tax increment capital improvement fund. These funds will be
utilized for approved capital projects only within the tax increment district in accordance with State
Statute pursuant to County... City Commission action.
Vice Chairman Plummer: Is there a second?
Commissioner Gort: Second,
Vice Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
161 September 28, 1998
Vice Chairman Plummer: Any opposition? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-924
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
OFFICE OF BUDGET AND MANAGEMENT ANALYSIS AND THE
FINANCE DEPARTMENT TO TRANSFER ALL FUNDS CURRENTLY
EXISTING IN THE OMNI TAX INCREMENT TRUST FUND, TO AN OMNI
TAX INCREMENT CAPITAL IMPROVEMENT FUND; SAID FUNDS TO BE
UTILIZED FOR APPROVED CAPITAL PROJECTS ONLY WITHIN THE
TAX INCREMENT DISTRICT IN ACCORDANCE WITH FLORIDA STATE
STATUTES.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Next amendment, if any?
Commissioner Teele: I also move that the City Manager directs... The City Commission directs the
Manager to instruct the Office of Management and Budget pursuant to its authority under Chapter 2,
Article IV, Division 12 of the Code of the City to reconcile and close out all prior year HOME
Investment Partnership funded by USHUD in conjunction with the Office of Community Development
and Finance.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there any further discussion? All in favor say "aye."
The Commission (Collectively) Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
162 September 28, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-925
A MOTION DIRECTING THE CITY MANAGER PURSUANT TO CHAPTER
2, ARTICLE IV, DIVISION 12 OF THE CODE OF THE CITY TO INSTRUCT
THE OFFICE OF BUDGET AND MANAGEMENT ANALYSIS, IN
CONJUNCTION WITH THE DEPARTMENTS OF COMMUNITY
DEVELOPMENT AND FINANCE, TO RECONCILE AND CLOSE OUT ALL
PRIOR YEAR STATE HOUSING INITIATIVE PROGRAMS (SHIP),
HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA), HOME
GRANTS, PLUS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS, SAID FUNDS ALL RECEIVED FROM UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD)
Upon being seconded by Commissioner Sanchez, 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: Next any amendments? Item 48-B. Moved by?
Commissioner Teele: I'll move it, Mr. Chairman.
Commissioner Gort: Move it. Second.
Vice Chairman Plummer: Moved by who?
Commissioner Teele: I'll move it.
Vice Chairman Plummer: Moved by Teele, seconded by Gort. Read the ordinance. Motion understood?
Call the roll.
163 September 28, 1998
An Ordinance entitled -
AN ORDINANCE WITH ATTACHMENT, MAKING APPROPRIATIONS
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999, INCLUDING
CAPITAL IMPROVEMENT APPROPRIATIONS, REPEALING PROVISIONS
OF THE CAPITAL IMPROVEMENTS ORDINANCE NO. 11623, AS
AMENDED, WHICH MIGHT BE IN CONFLICT WITH THIS ORDINANCE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11705.
The City Attorney and the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: I am doing that in spite of the fact that I had some reservations about the
carryover and non -carryover. But, I don't want my vote to reflect badly on what we are doing. I just still
made my point, but 1 want to show positive on the vote.
41,'. DISCUSSION CONCERNING PROPOSED RESOLUTION CONCERNING FUNDS FROM
DEPARTMENT OF OFF-STREET PARKING FOR OVERTOWN AREA (See labels 14, _43, 48, and
66).
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: There is a related and companion resolution that relates to Off-street Parking. Do
you have that resolution ready, Mr. Attorney?
Commissioner Teele: Is it... it relates to their overall budget?
Commissioner Gort: Yeah, we had to pass everyone of them.
164 September 28, 1998
Commissioner Teele: It relates to the City budget and the City instructions, and our budget.
Mr. Alejandro Vilarello (City Attorney): This relates to the...
Vice Chairman Plummer: Excuse me, who has...? I have not a copy of it.
Mr. Walter Foeman (City Clerk): I don't have a copy.
Mr. Vilarello: All I have is one draft marked up.
Vice Chairman Plummer: Well, can somebody please... It would be nice if we are going to vote on
something to have what we are voting on.
Commissioner Teele: This... this is basically the resolution we discussed with Mr. Jones today that we
have all agreed on now for three months that now that the Gusman issue is resolved, it reverses, it cancels
by any means necessary language that relates to the Off-street Parking Revenues that are collected in the
Overtown area.
Vice Chairman Plummer: In excess?
Commissioner Teele: No, this has nothing to do with the... in excess of two million dollars ($2,200,000)
clause.
Mr. Donald H. Warshaw (City Manager): Commissioner, I made a phone early this morning to Clark
Cook.
Vice Chairman Plummer: OK.
Mr. Warshaw: Clark Cook is telling me that these earnings are in excess of the two point two million
dollars ($2,000,000) that's...
Vice Chairman Plummer: That's what I just asked.
Mr. Warshaw: ... guaranteed, you know to the Oversight Board, and that these monies with no action by
the Commission would flow to the City as excess revenues over and above the two point two million.
Vice Chairman Plummer: That's what I just said.
Commissioner Teele: But, in... Yeah. But, in the past these funds have flown to where? To Gusman,
OK.
Vice Chairman Plummer: Only to the amount that was specified of the million ninety thousand.
Mr. Warshaw: To the amount of one million ninety-six thousand dollars ($1,096,000).
Vice Chairman Plummer: That's correct.
Commissioner Teele: To the... Yeah, but they just finished that amount.
Vice Chairman Plummer: I don't know when it ended.
165 September 28, 1998
Commissioner Teele: It ended this year.
Mr. Warshaw: Commissioner, it's my understanding it ended. But, what I am saying is, is that with
accordance with our agreement with Off-street Parking and the Oversight Board these monies would now
be over and above the two point two million that would flow into the general fund.
Vice Chairman Plummer: That is committed to the City of Miami's budget of the five-year plan.
Mr. Warshaw: Correct.
Vice Chairman Plummer: Absolutely.
42. DOWNTOWN DEVELOPMENT AUTHORITY BUDGET FOR FISCAL YEAR 1998-1999
MILLAGE, TERRITORIAL LIMITS -- MODIFY APPROPRIATIONS (See label 45)
Vice Chairman Plummer: All right, while we are waiting for copies of that ordinance because it's
mandatory they be before us, let's go to the DDA (Downtown Development Authority) budget.
Mister....
Commissioner Gort: I need to make a change in the...
Vice Chairman Plummer: All right.
Commissioner Gort: According... we based ourselves on the projections of last year, we got some new
projections from this year, and it should be one point four nine three six two seven.
Vice Chairman Plummer: Say again. One four nine...
Commissioner Gort: Three six two seven.
Vice Chairman Plummer: All right.
Mr. Donald H. Warshaw (City Manager): What are you recommending on this?
Mr. Alejandro Vilarello (City Attorney): Six two seven. On what, on...?
Vice Chairman Plummer: All right, is there anyone who wishes to speak to the DDA (Downtown
Development Authority) budget? That is mandated one half of mil by State Statutes. Is there anyone
wishing to speak? Percentage increase and millage over rollback has been announced. Purposes for ad
valorem taxes are to be actioned by the City Commission. Is there a motion to adopt the budget of the
DDA?
Commissioner Gort: So move.
Vice Chairman Plummer: Moved by Gort, seconded by...
Commissioner Regalado: Second.
Vice Chairman Plummer: ... Regalado.
166 September 28, 1998
Commissioner Gort: I would like to explain this is an additional tax implemented by the property owners
in the area to be utilized within that area.
Vice Chairman Plummer: That's what I just said.
Commissioner Gort: OK, sir.
Vice Chairman Plummer: Read the ordinance. Moved by Gort, seconded by Regalado. And I want to
remind both of you that that's entirely in my district. All in favor? Call the roll.
An Ordinance entitled -
AN ORDINANCE WITH ATTACHMENT, RELATED TO TAXATION,
DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI,
FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID
DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999, AT
FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED
VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT;
PROVIDING THAT SAID MILLAGE AD THE LEVYING OF TAXES
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS
REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER,
SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND
THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO
SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL
NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER
ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE
DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING
A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11706.
167 September 28, 1998
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Revised from the first reading... Is that what we just...
43. DISCUSSION: COMMISSIONER TEELE DEMANDS FUNDING FOR OVERTOWN, TBEi
POOREST AREA OF THE CITY; OBJECTS TO FUNDS BEINGGEARMARKED TO LOT CLEARING
INSTEAD OF OVERTOWN AS STATED IN MEMO FROM MANAGER AND ALSO OBJECTS TO
CITY TAKING ADVANTAGE OF OVERTOWN. (SEE LABELS 14,41, 48 AND 66).
Commissioner Teele: But, Mr. Chairman...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to understand something. Are you saying to me that the funds of the
improvement that we discussed today with Mr. Jones, that have been on this agenda now for four months,
that this Commission voted four months ago that as a part of the budget process this would be corrected,
that those funds are not going to be redirected to the Community Redevelopment Park West... Ma'am,
would you let...? I want the budget officer to hear what I am saying, unless you have got something more
important, because I am going to tell you something. If you are saying to me, Mr. Manager, Mr.
Director, Mr. Chairman, that the funds that are currently being collected for... by parking in Overtown are
going to now be redirected from the Gusman budget to the City of Miami budget...
Vice Chairman Plummer: That's not my understanding. I'll give you...
Commissioner Teele: Well, that's what the... that's what the Manager just said.
Vice Chairman Plummer: Well, let me give you my...
Commissioner Teele: And let me get... Let me tell you something guys. Let me tell you something right
now. If you all think for one minute that I am going to be elected here and let you all steal more money
from Overtown while I am here, it's going to be over my dead body. Now, somebody is going to have to
solve this problem tonight. We are not going anywhere tonight. There ain't going to be any business
conducted in this City until you all get this thing resolved. There is not going to be any more robbery of
money out of that area. Now, I have had a... memo from you later, earlier today where you are
proposing, your staff is proposing to take money from Overtown and redirect it for a City-wide weed
cutting. Now, if you all want to basically shut down what's going on in trying to improve Overtown, you
need to come clean, Mr. Manager, because I am going to tell you something. The first resolution on the
agenda of every Commission would be, with all due respect to the Mayor and everybody else, would be
to fire you, because I am not going to let this City continue to take advantage of the poorest of the poor.
Now, we need to get this thing straightened out.
Vice Chairman Plummer: All right.
Commissioner Teele: When Miller Dawkins was here, he was frustrated. I am getting here and I am
getting... And I haven't been here nearly as long as him, but I am getting frustrated. But, I am not going
to let this City roll over that community. Number one, the City Attorney should rule that that expenditure
is in violation of State law, which it is. Under State law, you cannot take funds from the redevelopment
district based upon property owned by the redevelopment district and divert them out of the district. You
168 September 28, 1998
can't do that under State law. The parking lots are owned by the redevelopment district. You cannot
legally do that.
Mr. Donald H. Warshaw (City Manager): I would like to reply to that, Mr. Chairman.
Vice Chairman Plummer: Let me give you... No, let me give...
Commissioner Teele: But, but even more fundamental, whether you can legally do it or not, morally,
morally, you cannot do it. I mean, and all these crocodile tears that you are running around here
shedding like you give a damn about people this is all manure. You can't do that, Mr. Manager to this
district.
Mr. Warshaw: I would like to respond to that.
Commissioner Teele: You may as well as respond to it...
Mr. Warshaw: Thank you.
Commissioner Teele: ... because I am going to tell you, we are going to be here all night until this
money gets resolved.
Mr. Warshaw: That's fine with me.
Commissioner Teele: You are not going to take two that hundred thousand dollars ($200,000) out of that
community.
Mr. Warshaw: Number one, Commissioner, I have never stolen any money in my life, so I take great
exception to that remark. That's number one.
Commissioner Teele: If it doesn't fit, then don't wear it. But, let me tell you something...
Mr. Warshaw: Number two, Commissioner.
Commissioner Teele: ... the City of Miami....
Vice Chairman Plummer: But, what...
Commissioner Teele: ... and you sit in the shoes of the Manager of the City. The City of Miami has
redirected funds from that community, we all know for the last ten years. Now, whether you want to
personally be responsible or you want the institution to be responsible, it doesn't matter one way or the
other. But, the Manager directed that those funds be done. The resolution was offered by Commissioner
Plummer to save Gusman and to get the funds from anywhere, OK? You're the Manager, now.
Mr. Warshaw: Yes, sir.
Commissioner Teele: And if you are continuing that, and if your budget, thisFY'98 budget, an FY'99
budget would do that you are just as culpable of stealing as Cesar Odio was when he when he directed the
money.
Mr. Warshaw: I take even stronger objection to that.
169 September 28, 1998
Commissioner Teele: Well, that, that may be the fact.
Mr. Warshaw: OK, well fine.
Commissioner Teele: But, I take stronger exception to the fact that we're not going to continue to exploit
this community.
Mr. Warshaw: Well, you let me know when you're ready to let me answer and I'll be glad to answer
you. Can I answer you now, uninterrupted?
Commissioner Teele: Well, listen Chief, let me go tell you something. You're not going to take that
money from that community. It's only two hundred thousand dollars ($200,000).
Mr. Warshaw: But, I am not taking any money, Commissioner. I just want to respond.
Commissioner Teele: It's your budget...
Mr. Warshaw: OK. Are you going to let me respond?
Commissioner Teele: This is your budget. Is this your...?
Vice Chairman Plummer: We're about to take a recess and let calm prevail. Now, I...
Commissioner Teele: Calm will not prevail as long as this...
Vice Chairman Plummer: It's not going to prevail with everybody screaming at each other.
Commissioner Teele: J.L., J.L., J.L, calm will not prevail as long as this City continues to exploit the
poorest of the poorest communities. There is not one census tract in this City that has the stress that
Overtown has. The lack of homeownership, the high poverty, and, and you have got a resolution... He's
got a... a memorandum right now proposing to take the money and redirect that money to your weed
killing program.
Vice Chairman Plummer: Mr. Teele, are you finished?
Commissioner Teele: I will not be finished until the Manager un...
Vice Chairman Plummer: Are you going...?
Commissioner Teele: ... redirects these funds. I will not be finished, J.L. I am just going to tell you right
here, and right now, you are going to see single member districting in... in terms of why a lot of people
don't want it. Because, I am going to tell you something, you are not going to take advantage... I wasn't
here when it was done and I take full responsibility, and I defend this Commission. I defend this
Commission all over this community and I am very proud to be a part of this Commission, but I will not
be a party... I will not knowingly be a party to the exploitation, rape and theft of this community in the
context of Overtown. And as far as I am concerned, if you take money from the redevelopment revenue
streams that are created by the one or two few things that the redevelopment district does as compared to
the OMNI district which create... which spends off about six hundred thousand... four hundred thousand
170 September 28, 1998
dollars ($400,000) a year, this district is in a negative cash flow. And then on top of the negative cash
flow you are going to take the two hundred thousand dollars ($200,000) of funds. I don't get it.
Mr. Warshaw: Can I respond now?
Vice Chairman Plummer: Excuse me. Now, we are going to have calm...
Commissioner Teele: J.L., we are going to have... not have calm in this town...
Vice Chairman Plummer: Sir, if you will sit tight for a minute and let the Manager...
Commissioner Teele: I am not going to sit tight, J.L. I am not going to all this to happen.
Vice Chairman Plummer: Sir.
Commissioner Teele: I am not going to allow... I can't allow this to happen, J.L.
Vice Chairman Plummer: If you will listen for a minute and quit talking.
Commissioner Teele: I don't want to listen. I want to see how they are going to resolve this issue.
Vice Chairman Plummer: The man is trying to answer your question.
Commissioner Teele: He can't answer my question by telling me...
Vice Chairman Plummer: Then...
Commissioner Teele: ... he didn't steal it.
Vice Chairman Plummer: ... give him the opportunity and common courtesy to allow him to try and
answer your question. You might not agree with him, but at least, give him that opportunity and common
courtesy. Now, I will give the floor to the Manager. I will ask everybody else to allow him to finish and
then I'll give whoever wants the floor the next opportunity to do such. Mr. Manager, the floor is yours.
Mr. Warshaw: Thank you, Commissioner. First of all, let me tell you this has absolutely nothing to do
with the resolution at hand. It has to do, Commissioner, with all due respect to you, you have told me
privately and publicly you're a man of process. And you asked me when I was confirmed as Manager
that I would be a man of process. Now what I am telling you, you passed an anti -deficiency ordinance or
you are about to, and you are going to hold me and the Department Directors of the City accountable for
every single penny to the tune of even fining Department Directors to going over their budget. Now, I
am going to tell you, I resent the fact that as Manager I have responsibility and at the last minute there are
hand written, last minute resolutions and ordinances that I have had no opportunity whatsoever to review
or respond to and in this particular case, the City Attorney is advising me that he hasn't even had a
chance to review the legality of whether or not the CRA (Community Redevelopment Agency) has the
rights to those revenues. I have nothing against Overtown. I have nothing against anybody who is
righteously entitled to those monies. But, what am saying to you is, you are asking me to give you an
honest response to everything you ask. And what I am saying, I haven't seen this and I haven't seen
many other last minute items that you brought before the Commission that I have not had a chance to
study and look at and be able to give you a professional recommendation. And all I ask of you is to give
me that opportunity. I am not against this. I am not against the CRA. I am not against the flow of
171 September 28, 1998
revenue. Not only do I not understand it, the City Attorney is telling me he hasn't had a chance to
research it. I think I deserve that opportunity, that's why you hired me as Manager. That's why you've
told me privately how you're a man of process which I greatly respect, but I am a man of process also.
And I am only giving you my best answers based on limited information and I don't have a whole lot of
information about this. The City Attorney is scribbling notes here on the ordinance and the resolution
making changes at the last minute. We are talking about it while the Commission meeting is going on.
It's a late night, last minute item, and I am telling you again, if the anti -deficiency ordinance is something
I am going to be accountable for, I am going to tell you every time, I want to look and be able to be told
by my staff that there is an entitlement, a legitimate item brought before that I can put my signature on
and recommend, and I strongly, strongly resent the comments about thievery and comparing me to Cesar
Odio. I will not take that from you or anybody else. And I am not afraid of you telling me I am going to
be fired. That doesn't scare me one, single bit, but please don't start calling me names. I'll never accept
that from you. I am very personally offended by that. (APPLAUSE]
Vice Chairman Plummer: Enough, please, please. Let's don't further the fire from the Fire Department.
Now does anyone...?
Commissioner Teele: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: How long is a reasonable amount of time, Mr. Manager?
Mr. Warshaw: A reasonable amount of time is when the agenda is prepared, there are items on the
agenda. To me, anything else that's not on the agenda is a pocket item, and that's the way I define this.
It's a pocket item, and it has not been reviewed by me.
Commissioner Teele: Mr. Manager, first of all...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: First of all, you should know that the Anti -Deficiency Act relates to expenditures
not revenues. Just like you don't object when we as a Commission do what we did today, instructing the
franchising to attempt to gain revenues, you didn't object to that as a pocket item. You didn't... The anti -
deficiency does not relate to revenues, it relates to expenditures.
Mr. Warshaw: That's correct, but it creates a climate and the climate is one that I believe in strongly.
Commissioner Teele: Well, I just want to correct the record. I don't want to talk about the climate, I
want to talk about the record. Number two, this Commission voted four months ago, four months ago.
Mr. Clerk, would you get the resolution that instructed the Manager to clarify this issue and to correct it
for this budget. Now, you talk about process. Look, my pay grade is six thousand dollars ($6,000) a year
in this deal, OK? You've got people who work for you who make ten times, fifteen times what my pay
grade is. This isn't my job, OK? It's your job. You were instructed, you were instructed to get this
matter resolved and to report it back to the Commission to resolve this issue in a favorable way.
Mr. Warshaw: Who instructed me to do that?
Commissioner Teele: The Commission.
172 September 28, 1998
Vice Chairman Plummer: Well, excuse me. Now, listen, he has the floor, Mr. Manager. Mr. Manager, I
am going to ask you the common courtesy he provided to you that you do the same for him. Mr. Teele,
please complete your statement.
Commissioner Teele: The Commission instructed the Manager to report back and to resolve this issue
four months ago. The resolution had two provisions as I recall, and I will get them for you. I mean....
Again, this is not my job, so if you want to talk about process... OK, the process is not on me as
Commissioner, the process is on you as the Manager. And, again, I remind you, sir, my pay grade is six
thousand dollars ($6,000), OK, on this deal. Now, I am going to be very candid with you. This item not
only was included the revenues, it also included a recommendation regarding the funds that were
expended again out of this district in transferring title to the arena of six million dollars ($6,000,000) to
the City. I haven't even dealt with that issue. I am not even trying to deal with that issue, Chief. I am
trying to deal with the basic recurring budget and the principle of the fact that this City is not going to
continue to do what it has done in the past. The reference to Cesar Odio, just so that the record is clear
was the fact that this is an action taken by the Manager who at that time was Cesar Odio, and in... And
in, in not undoing it, you are still continuing to operate under that resolution. The resolution was one in
which Commissioner Plummer said to find the money from any source in the City and redirect these
funds to the tune of one point... whatever the number is to the Gusman. I wasn't here, I don't think you
were the Manager, but I am here now, and this is the budget, and the Commission voted in April or May,
I'll get you the exact resolution. So, this isn't like a pocket item coming in from me. This is a glitch item
trying to clean up your mess, sir. Because the fact of the matter is that I am not personally responsible
for writing legislation. I think that's the job of the Manager and the City Attorney. But, I still say this, I
am elected to represent this district, and I am not going to let this City continue to take advantage of a
community. Now, I don't know how much clearer I can make it.
Vice Chairman Plummer: All right.
Commissioner Teele: I don't know how much clearer I can make it.
Vice Chairman Plummer: Other Comm....
Commissioner Teele: But, I can tell you this, this City is not going to continue to take money which is a
violation, I might add of State law. It's a violation of State law to take the money. But, that's not even
the issue. We all want to help the City get well. But, but you know, you have got eight hundred
thousand dollars ($800,000) in here in Special Accounts for various activities like Bayfront Park or
anything else we want General Fund money. Not one person lives in Bayfront Park. So, I mean, you
know, you all can play all these games you want to, but I am going to tell you something, this whole
budget process is going to be dependent on being fair, on being fair to the City that we all represent. And
I got to.... I just have to be very clear about this, Mr. Manager, this was your responsibility not mine, so
don't blame me because I... because you didn't do or your staff didn't do for you...
Mr. Warshaw: I respectfully disagree with that.
Commissioner Teele: Well, all I can do is get the resolution. When you get the resolution would you
then, agree?
Mr. Warshaw: I'll look at it.
Commissioner Teele: Well, OK.
173 September 28, 1998
Vice Chairman Plummer: Let me understand if I am not completely out of text. My understanding is,
that the Off -Street Parking Authority has made a commitment to this City for"X" number of dollars for
its budget every year in excess revenues. That part of that guarantee had to be obviously from those
parking lots and that if in fact, those excess revenues were in the amount of the now... commitment to
the City then all of the revenue of those parking lots could go to the Overtown CRA without any question
whatsoever. But, first and foremost my understanding is that the excess revenues of the Off -Street
Parking had to go to the annual budget of the City.
Mr. Warshaw: That's correct.
Mr. Alejandro Vilarello (City Attorney): There is... there is a minimum guaranteed amount that they will
give...
Vice Chairman Plummer: Of two hundred and twenty-five thousand dollars ($225,000).
Mr. Warshaw: No, two million...
Commissioner Teele: Two million.
Mr. Vilarello: No, of two point two million.
Vice Chairman Plummer: I am sorry. I am sorry. I stand corrected. OK.
Mr. Vilarello: The amounts in excess of that come to the City for this City Commission to do with it
what it deems appropriate. Those funds in excess of..
Commissioner Gort: Let me...
Vice Chairman Plummer: But excess is in excess.
Mr. Warshaw: Excess meaning...
Vice Chairman Plummer: We are talking about the revenues of the parking lots.
Commissioner Teele: Which have nothing to do with the park... Off -Street Parking basic operation.
Vice Chairman Plummer: Unless it did not have the amount...
Commissioner Teele: Look, we could... I... The CRA board tomorrow could vote to let U. S. Parking
manage those lots.
Vice Chairman Plummer: That's abso...
Commissioner Teele: That has nothing to do with Off -Street Parking. Those lots are owned by the CRA.
We...
Vice Chairman Plummer: No, there is... Arthur there is a commitment that we made to the Off -Street
Parking because they had a great deal of money to spend to fix them up.
174 September 28, 1998
Commissioner Teele: J.L., you can't make that kind of commitment. You just can't go around and
rewrite the laws that are really... I mean, that's like me saying, we are going to take OMNI tax increment
money and spend it in Little Havana.
Vice Chairman Plummer: All right, let's get off the dime. Where are we? You've asked for more time.
Now, what is it....? He asked you what is a reasonable amount of time.
Mr. Warshaw: Commissioner, all... all I am saying on this item, I would like the City Attorney to
comment on it as well because it has to do with when the land was deeded from the City to the CRA. The
bone of contention is whether or not that land was deeded for development only or whether or not the
land was deeded with the understanding that any revenue generated from the land would flow to the CRA
as opposed to the City. And all I am saying is, I don't know the answer to that, and the City Attorney
doesn't know the answer to that. And I don't think at the 12th hour either one of us should be held
accountable for knowing the answer. It needs some research.
Vice Chairman Plummer: And, again, I will ask the question as asked by Teele. What is a reasonable
time to give an answer? Is it 24 hours, 24 days? What is a reasonable time in your estimation?
Mr. Vilarello: Certainly, we can have an item ready for the next Commission meeting, and with a report
prior to that.
Commissioner Gort: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Teele, do you accept that as being reasonable?
Commissioner Teele: Mr. Chairman, let me be very clear. Number one, the law of the State of Florida is
very clear. Whether the City Commission acted that way, the City Commission acted illegally, if you
want me to put it on the record. If they did that, it's illegal. The City Commission cannot take revenues
of a redevelopment district and take them outside of the district, OK. And, and there is... There is... I
will not be the lawyer. I will get a CRA lawyer. I will get DavidCartwell or somebody who is the cat's
pajamas on these matters to give you a legal opinion. But I don't want to embarrass the City. I am not
interested in trying to give rise to a lawsuit or something that the community may raise. I have two hats
here. I want to be a part of trying to move this City forward, but I certainly don't want to be a part of the
abuse of a community. And the point that really bothers me, is that the Manager continues to say whether
it's legal. There is a moral issue here that's bigger than all of this. Why would you take money from the
poorest of the poorest areas and redirect it City-wide in a redevelopment authority. We just spent all this
time talking about OMNI...
Vice Chairman Plummer: All right, what we're coming back to, Mr. Teele is very simple. Is October the
13th...
Commissioner Teele: Mr. Manager, let me just explain.
Vice Chairman Plummer: ... acceptable to you?
Commissioner Teele: Mr. Attorney, let me just... Mr. Chairman, let me just say this. This Commission
has already voted and instructed the Manager to do this, and I want the record to be very clear. This is
not an 1 lth hour move. This is not a 12th hour move. It's not a 13th hour move. This was done and it
was not brought forward. Secondly, the process issue has nothing to do with me, I am only trying to
protect the record, and to protect this district. 1 cannot support a process that is going to abuse a part of
175 September 28, 1998
the community, and I have said that for the last ten months that I have served here, and I have asked you
all to be aware of this. This issue did not just come up.
Vice Chairman Plummer: All right, Mr. Teele. We can talk...
Commissioner Regalado: So, so... Excuse me.
Vice Chairman Plummer: Excuse me, I am asking again. The answer from both the City Manager and
the City Attorney, they have...
Commissioner Teele: As far as I am concerned, someone ought to research this issue before we do this
budget. I mean, I don't think you should ask me to vote to join the error of the previous Commissions.
Because, I can tell you this, you don't... You may not like it, but this is basically a decision that was
made by a previous Commission ratified by a previous... executed by a previous Manager by the name of
Mr. Odio, and you are asking me to approve a budget to continue that policy, and I will not vote to do that
in that district. And it's that simple.
Vice Chairman Plummer: All right, so then that means that we will have no budget adopted tonight.
Commissioner Teele: No, it means that you four of you all will approve the budget, but I am not going to
approve a budget that is predicated on continuing this legacy of taking advantage of this community. I
am not going to do that as a matter of principle. And it just... it just... It just absolutely floors me that the
bigger issue here is not being understood and this is why Overtown has not been developed. Every little
issue whether it be the closing of a Poinciana Village issue, every issue relating to Overtown in this City
since I have been here is a major issue. And I got to tell you, J.L., there is a conspiracy, there is a
conspiracy whether Chief Warshaw wants to say he's a part of it or he doesn't want to say he's a part of
it. He's the Manager of the City. He is continuing these policies and there is a conspiracy to keep
Overtown like it is because I believe Overtown, everybody is beginning to recognize is downtown and as
long as you can keep it poor, as long as you can continue to shuffle in a lot of Section 8 housing and keep
the drugs flowing, and keep those large congregations of poor people... The thing that should hit
everybody in the face is what this City did, what this government did in 1980 on 61 St Street has created
the largest criminal sector in the entire City of Miami, and because you are concentrating this poverty
here. We are working hard now to maintain this poverty. And this two hundred thousand dollars
($200,000) is symbolic. It's symbolic of the way this Commission acts. I have the memo here where
they want to take the CB... the CD (Community Development) money that has been allocated to
Overtown back and use it as a contingency to cut weeds Citywide. I mean, that's the kind of thinking
that's going on here. And I'm...
Mr. Warshaw: Commissioner, there isn't...
Vice Chairman Plummer: Whoa, whoa, whoa. He has the floor.
Commissioner Teele: I am not going to sit here and be a part of it. As long as I am a Commissioner, you
can say anything you want to, I will not be intimidated. I am going to fight for this district. I have fought
for this entire City. I have been just as concerned about East Little Havana, West Little Havana. I have
been just as concerned as Coconut Grove. I have voted my conscience on every issue that has affected
this City. I have tried to support neighborhoods all over the City without regard to my district. But
excuse me, gentlemen, this gets very, very personal because this relates to the district that I represent. I
wasn't here when this City started this long process of abusing this community. But I will not support a
budget that has two hundred thousand dollars ($200,000) of funds being taken out of this community, out
176 September 28, 1998
of this district being re -channeled Citywide especially when the needs are so great. And so all that I am
saying here is that I am not going to go home. I am not going to play the game gentlemen until we
resolve this issue.
Mr. Warshaw: Commissioner, I would just like to add, there is no conspiracy. You told me you don't
want to deal with Ms. Bianchino, she's the enemy. You don't want to hear from Gwen Warren, she's the
enemy. These are professional people doing their very best to give you professional responses, and I am
going to tell you right now I am not going to be intimidated either. As long as....
Commissioner Teele: And I am not going to be...
Mr. Warshaw: Excuse me. For as long as...
Commissioner Teele: I am not going to be intimidated either.
Mr. Warshaw: Excuse me. Excuse me, please. For as long as I am here I am going to demand from my
people professional responses even if they are not popular. And if there are legal issues, and
commingling issues and audit issues of federal dollars as Gwen Warren has spelled out to me in that
memo, I want to make it right. I have my entire life in the City of Miami never done anything to Black
people, to Haitian people, to Hispanic people. I strongly resent those insinuations.
Commissioner Teele: I have not ever raised the issue of race in this debate. Not one time has race come
up.
Mr. Warshaw: These are professional... These are professional people you are dealing with.
Commissioner Teele: I have talked about Overtown, I have talked about OMNI.
Vice Chairman Plummer: All right, all right.
Mr. Warshaw: And I am sorry you don't like Ms. Bianchino, and you don't want to deal with her.
Commissioner Teele: Listen, I...
Vice Chairman Plummer: One more outbreak and we're going into a recess.
Commissioner Gort: Recess, recess.
Commissioner Teele: All that I am saying to you, Mr. Manager, is that the Commission voted and
instructed you to resolve this issue back in April or May.
44.i DISCUSSION: PROPOSED ORDINANCE ESTABLISHING'' SPECIAL FUND FOR NON
BUDGETED REVENUES — PROPOSE EARMARKING FINDS FOR CRA/OVERTOWN (See label
47),.
Vice Chairman Plummer: Mr. Regalado, you have the floor.
Commissioner Regalado: Yes, very briefly. I don't know if it can be done, but item 51 creates a special
account. I have worked with the City Attorney although the wording is not correct, he has said that he
will change the wording. That special account, Mr. City Attorney, Mr. City Manager, and let me just ask
177 September 28, 1998
you. If we were to adopt this ordinance, emergency ordinance, the amount of money that Commissioner
Teele is talking about should not go or would not go to the City account, but to this special account.
Because the purpose is, that not as it is here donated or unanticipated. The purpose and the spirit was
unbudgeted, unbudgeted. And that special account will be used by this City Commission on the next
budget because we anticipate... Mr. Manager, we anticipate for instance when you finalize the contract of
the Grove Harbor, if there is a contract. When we anticipate the possibility of the bus benches bringing
more money. So if we approve this account and not only the Grove Harbor and the bus benches, and
whatever recurring revenues we can get. But also that money would go to that special account, will be
segregated from the rest of the general budget. And then if you and the City Attorney will decide well,
the Commissioner is right, then the money can be transferred to the CRA (Community Redevelopment
Agency). Is that a fair assessment, Mr. City Attorney? If we bring that money to that account, that
money can then be transferred from that account to the CRA when you have whatever legal opinion that
you are going to have.
Mr. Alejandro Vilarello (City Attorney): Commissioner let me make a couple of comments. One, if you
simply delete the word "donated" from the emergency ordinance, that's item 51, I think that accomplishes
what you want. That is, non -budgeted...
Commissioner Regalado: But, but I think that we should delete or change "unanticipated." Instead of
"unanticipated" we should have "unbudgeted" because...
Mr. Vilarello: That's, that's...
Commissioner Regalado:... we anticipate that we are going to get a contract from the Dinner Key or
Grove Harbor Group or any other group. We anticipate that we are going to get more money from the
cable TV franchise. So, it's not "unanticipated." It could be `unbudgeted" but we anticipate. And you
know, I don't really want to have this just to make the headlines. I think that we need this account for a
reason, and only a reason that we need to know what we have and we need to know what we can use in
the next budget to reduce fees and taxes and use the money as this City Commission decides.
Vice Chairman Plummer: All right, Dipak.
Commissioner Gort: I have a question.
Mr. Vilarello: Can I?
Vice Chairman Plummer: Mr. Gort.
Mr. Vilarello: Can I address...?
Vice Chairman Plummer: Commissioner takes precedent. Mr. Gort.
Commissioner Gort: We keep addressing about a memo. I have not seen that memo. What I would like
to know is that, are we talking about...
Vice Chairman Plummer: Memo referenced to what?
Commissioner Gort: Are we talking about a legal issue that the City, that the funds cannot go directly to
the... They have to go... That's the questions that you have in mind. So, I think what Commissioner
Teele and all of us are interested in, is to make sure that the... that we give the allocated funds... So,
178 September 28, 1998
while you are researching that, can we make an amendment or can we make that "X" amount of funds
will be dedicated to that?
Vice Chairman Plummer: Mr. Dipak.
Mr. Dipak Parekh (Director, Budget Department): Commissioner, for public record...
Commissioner Regalado: Excuse me, Dipak.
Vice Chairman Plummer: Commissioner has precedent.
Commissioner Regalado: I... Mr. City Attorney, I would like to amend this ordinance.
Vice Chairman Plummer: Which ordinance, sir?
Commissioner Regalado: The one, 51, the special account.
Vice Chairman Plummer: Oh, well, we are not on that issue right now.
Commissioner Regalado: No, no, no. But, but I am asking him...
Vice Chairman Plummer: When we get to it.
Commissioner Regalado: I am asking him if we have the possibility, the legal possibility of using the
first revenue that would be deposited in that special account to be used to reimburse the CRA for that
money?
Mr. Vilarello: Commissioner, the budget, the emergency ordinance that you have proposed in item 51
deals with non -budgeted, unanticipated donated revenues. With the deletion of the word"donated" then
it's "non -budgeted, unanticipated revenues." If your question is, can you use those funds that come into
that account to give to the CRA, that's a lawful purpose and you can do that. The other question relates
to the funds that are coming from DOSP (Department of Off -Street Parking) related to the lease of those
parking spaces. There are two issues. Commissioner Teele is correct. The Community Redevelopment
Agency, the dollars generated out of that district have to be used in that district. The question that I can't
answer... the question... What I can't answer right now is, those funds may have been pledged for
improvement to the parking lots, to improvements to the area that are now generating the revenue. I
don't know what the answer to that question is right now and that's why I cant give you an answer.
Ultimately, if that proves to be funds that can be accessed, we have to ... In the budget, what we have now
is, I believe two point two million dollars ($2,200,000). To the extent that there is excess revenues
generated from DOSP (Department of Off -Street Parking) in excess of those dollars, those can be
deposited in this account that you are asking that the Commission consider on item 51. And then those
revenues can be generated to whatever appropriate, lawful purpose that you like.
Commissioner Regalado: Well...
Vice Chairman Plummer: Mr. Dipak.
Mr. Dipak: Commissioner, I wanted to state for public record that no two hundred thousand dollars
($200,000) has been earmarked in this particular appropriation ordinance, nor have they been diverted for
the general fund use. Those monies, if they are there, are presently within Off -Street Parking purview
179 September 28, 1998
and budget. What the City Commission chooses to do with it is the prerogative of the City Commission.
And I wanted to state that particular record straight. On the issue of Commissioner Regalado's
emergency ordinance, I want to point out, Commissioner that you may have within the general fund like
any other funds an issue for example, if the economy takes a nose dive you may not collect enough of
the property tax income which although we budgeted 95 percent. You mentioned about the bus benches
as an example that we could increase the revenue. You already have a certain portion of those revenues
within the general fund. My point overall, apart from the grant related issues which are Federal
guidelines and State guidelines dealing with the disbursement of the money, is that within the general
fund, you may get positives and negatives on the revenues. You have other...
Commissioner Regalado: Excuse me, excuse me. Excuse me, Dipak. After listening to you and the
explanations I really believe that now more than ever this fund is necessary. Because when we voted for
taxes and fees are taxes and I voted and Willy, and J.L., and Commissioner Teele. When we did that we
also made a commitment and the Manager made a commitment on behalf of the City administration that
next year we would try to bring new reoccurring revenues to be used for the purpose of reducing fees and
taxes.
Vice Chairman Plummer: All right.
Commissioner Regalado: OK, having said that. Having said that, you know, you are not going to tell me
next Spring or whatever when we do the process that indeed, the economy was bad. I'll tell you the
economy is going to be bad because of the fees and the taxes there are many people who are selling their
properties in the City of Miami. But, that's the way to cure a patient, we had to do what we had to do.
So, my commitment to the people, the Manager's commitment to this Commission is to use the
reoccurring revenues, not to fill holes but to try and try to do a real gesture of reducing taxes and fees in
the next budget. This is the reason of this account.
Vice Chairman Plummer: All right. Let's get back to business. Hey, wait a minute, you know, this item
51, Mr. Regalado, is a nice item, but it's not part of the budget hearings. Now, let's get the budget
hearings...
Commissioner Regalado: J.L., I was trying to resolve the situation that we have here with the...
Vice Chairman Plummer: I understand what you are trying to accomplish, but we're spinning our
wheels.
Commissioner Regalado: No, no, but the City Attorney said that we could bring that money to that
account and...
Vice Chairman Plummer: And if that's fine, we can do it.
Commissioner Regalado: ... if that money... And then, you know, we will transfer that money to the
CRA.
Vice Chairman Plummer: All right.
Commissioner Regalado: I just was trying to resolve this problem. Commissioner Teele said that we
need to resolve this problem or we won't leave here. So, I am willing to stay, it's very simple. I'm
willing, but I am trying to resolve the problem, and I think a way to resolve the problem is to assure him
180 September 28, 1998
and the CRA, and the people of Overtown is to bring that to a special fund. That's all that there is to it.
It's very simple, so.
Vice Chairman Plummer: OK, let me go back. Dipak.
Mr. Dipak Parekh (Budget Director): Yes, sir,.
Vice Chairman Plummer: Have we completed the DDA (Downtown Development Authority) budget?
Commissioner Gort: No.
Mr. Alejandro Vilarello (City Attorney): No.
Mr. Parekh: No.
Vice Chairman Plummer: All right, what do we need to do on the DDA budget to get that completed?
Let's try to take one step at a time because we are getting far afield here.
Mr. Parekh: The City Commission needs to vote on it.
Commissioner Gort: We have got to pass the millage.
Mr. Vilarello: The appropriations ordinance.
Vice Chairman Plummer: All right, tell me what I have got to do, let's do it. DDA.
Mr. Villarello: It's the appropriations...
Vice Chairman Plummer: No one else wanted to speak on DDA, I established that before, what do I do?
Mr. Parekh: The City Attorneys read the...
Commissioner Gort: We pass the appropriations. We need to pass the millage.
Mr. Villarello: Move and second. I'll read the ordinance.
Vice Chairman Plummer: All right. What is the...? What is the...? Is it an ordinance?
Mr. Vilarello: Yes.
Vice Chairman Plummer: Read it. Motion understood? Call the roll.
181 September 28, 1998
An ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,
1999; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY
TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR
BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE
DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE
MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 FOR THE
OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11707.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
182 September 28, 1998
Vice Chairman Plummer: Now, I am going to go to 52. That is a budgeted item.
Commissioner Sanchez: OK, wait. Mr. Vice Chair, there is a correction on that that I would like to
make.
Commissioner Gort: Excuse me, we have to pass the millage first.
Commissioner Sanchez: Mr. Vice Chairman.
Vice Chairman Plummer: Did we not...? Is that complete, DDA (Downtown Development Authority)?
Commissioner Gort: No, we have got to pass the millage.
Mr. Alejandro Vilarello (City Attorney): You did that already.
Commissioner Sanchez: Excuse me.
Vice Chairman Plummer: Did...? We did that already.
Commissioner Gort: We did already. Are you sure?
Mr. Vilarello: Ask the City Clerk. I believe that's the first ordinance that we did.
Vice Chairman Plummer: Mr. Clerk, did we pass the millage on DDA?
Commissioner Gort: We passed the appropriations twice.
Mr. Walter J. Foeman (City Clerk): Yes, we did.
Vice Chairman Plummer: All right.
Commissioner Gort: Are you sure?
Vice Chairman Plummer: Now, I am going to go to Item 52, which is a regular budgeted item, which is
the approving of the Sports and Exhibition Authority budget.
Commissioner Regalado: No. How about 51? We haven't voted on 51.
Vice Chairman Plummer: That's not part of the budget. We will comeback to it, immediately. All right.
Commissioner Regalado: It is partof the budget. All right.
183 September 28, 1998
Vice Chairman Plummer: On item 52.
Commissioner Sanchez: Vice Chair, so I move with a...
Vice Chairman Plummer: Does anyone wish to speak to the issue of the Sports Authority budget? Let
the record reflect that no one came forth. A motion by Commissioner... I am sorry. Oh, my God. Right
in the middle of...
Mr. Manuel Gonzalez-Goenaga: Well, I am going to...
Vice Chairman Plummer: Talk about a holy war.
Mr. Gonzalez-Goenaga: I am going to bring to this Commission what is missing.
Vice Chairman Plummer: All right.
Mr. Gonzalez-Goenaga: On the advice of Walter Mercado, peace and love.
Vice Chairman Plummer: Yes, sir. Absolutely.
Mr. Gonzalez-Goenaga: And I reserve to speak on 51.
Vice Chairman Plummer: Thank you.
Mr. Gonzalez-Goenaga: And, I don't have the figures for 52, anyway.
Vice Chairman Plummer: All right. Mr. Sanchez, you move the item on Item 52?
Commissioner Sanchez: Yes, so moved. It's the budget of MSEA (Miami Sports and Exhibition
Authority).
Vice Chairman Plummer: Seconded by Mr. Gort. Is there further discussion?
Commissioner Regalado: Yes.
Vice Chairman Plummer: It's a reso... Mr. Regalado on the Sports Authority.
Commissioner Regalado: OK, first of all I... Christina, I don't mind that you are executive director. I
don't see here like in the past budget the amount for each Commission member, I guess that you took it
out, but I don't mind that. But I would like to find out what is...? Why is the promotions and marketing
figure has gone up from one hundred and ten thousand to a quarter of a million dollars ($250,000), what's
the purpose of that?
Ms. Christina Abrams (Director, Public Facilities): Gladly. Commissioner, the Miami Sports Authority is
funded by convention development tax dollars. It was the intention of the board that a greater focus be
placed on attracting conventions as well as professional sports to Miami. If I can also take this
opportunity to point out that the budget...
184 September 28, 1998
Vice Chairman Plummer: Excuse me, would you answer his questions and then if you want to make an
editorial...
Commissioner Regalado: No, no. Well, my question is more direct. I know about that. I studied
marketing, I worked... I earn my life as... in the market, so I know about that. My question is, does this, a
quarter of a million dollars ($250,000) is going to be used, (a) to bring the National Democratic
Convention to Miami or (b) to invest a quarter of a million dollars ($250,000) to bring the Pan American
games to Miami or (c) to pay an ad campaign in New York, or in Washington or in Vancouver to bring
more conventions to Miami?
Ms. Abrams: All of the above. And, also including to bring the Turner Broadcasting proposed
professional football league to Miami. In addition to...
Commissioner Regalado: OK, so what, what you are saying is that, we are going to spend a quarter of a
million dollars ($250,000) in a promotion that we are going to see?
Ms. Abrams: Correct.
Vice Chairman Plummer: Isn't that yet to be decided by the board?
Ms. Abrams: The board...
Vice Chairman Plummer: I would assume the board will decide how that money is spent. Unless you put
a five percent or five thousand dollar ($5,000) change of line item, the board... I would hope that board
has enough sense to spend that money wisely.
Commissioner Sanchez: Are you referring to the MSEA board?
Vice Chairman Plummer: Yes, sir.
Commissioner Sanchez: It's been approved.
Vice Chairman Plummer: What the money is going to be allocated for?
Commissioner Sanchez: Yes, absolutely, for promotion.
Ms. Abrams: The marketing promotion.
Commissioner Regalado: What is the money going to be allocated for?
Vice Chairman Plummer: Then, what's the... Then I don't understand where the problem is.
Commissioner Regalado: I just want to know.
Vice Chairman Plummer: Oh. Absolutely.
Commissioner Regalado: But, if I can...
Vice Chairman Plummer: No, you can ask all the questions you want.
185 September 28, 1998
Commissioner Regalado: So, I don't understand. You said all of the above. OK, the City is going to
participate in the National Democratic Convention with funds. How about if we are not selected?
Ms. Abrams: If the funds are... If the... Let me go back a little bit. For example, for the Pan American
Games for the year 2000, there is a conference in Arizona with the Olympic Congress next month.
MSEA will be participating in the that to be part of the group that will be brining the games to Miami and
also in promoting Miami as the most viable location. So, we will be involved in different... in various
aspects of that bid.
Commissioner Regalado: But you have here for travel?
Ms. Abrams: Correct.
Commissioner Regalado: So, what you are saying is that we are going to spend a quarter of a million
dollars in bringing the Pan American games to the City of Miami?
Ms. Abrams: Well, no, not only the Pan American Games. Our intentions is that we've had the
opportunity to bid also on several conferences in the past, but we did not have the funding to... to bid on
the conference or to market or promote it. This will give us a means to do that.
Commissioner Regalado: And the contingency is seventy-five thousand dollars ($75,000)?
Ms. Abrams: The contingencies have been reduced from seventy-five thousand to...
Commissioner Regalado: Fifteen thousand.
Ms. Abrams: ... fifteen thousand...
Commissioner Regalado: Right.
Ms. Abrams: ... based on previous years.
Commissioner Regalado: OK. And the last, the last thing, Christina. You are going to be holding two
jobs, right?
Ms. Abrams: Yes.
Commissioner Regalado: OK. And, can you do that?
Ms. Abrams I am trying my best.
Commissioner Regalado: OK, if you can do that... We used to have an Executive Director, right, a full-
time?
Ms. Abrams: The MSEA (Miami Sports and Exhibition Authority) Board?
Commissioner Regalado: Yes.
186 September 28, 1998
Ms. Abrams: At some points... In two different appointments they had a part-time director, and in
previous years they had a full-time director. So, I am not the first part-time director that the MSEA board
has ever had.
Commissioner Regalado: OK. So, I would really like as a purpose of information, if you can to get from
you some details about the marketing and promotion. I am not a member of MSEA board, but I would
tell you that I, as a hobby, I would like to find out. So, if you can give me a detail or maybe the tapes
from the last meeting to see what they approve... Vice Chairman is here, and Commissioner Sanchez
you said you approved this quarter of a million dollars.
Commissioner Sanchez: Well, I voted on it, of course. I have some concerns with it, but since you
brought it up, I'll go ahead and state what your concerns are and which it was that the money allocated to
some of the Commissioners were taken out of the account and put into promotional marketing and that
was money, ten thousand dollars ($10,000) allocated to the Commissioners to put back in the community,
prevent... promoting sporting events which was good. However, the board voted to take that money and
put it in promotional marketing to do its best to try to bring in events and promote sporting events in the
Orange Bowl, the centers and in our community.
Commissioner Regalado: No, I don't have a problem with that, with the ten thousand dollars ($10,000).
I just, I was curious as to see how MSEA is going to spend a quarter of a million dollars in marketing.
Because, you know, there are ways to do that. So I would, if you could give me a report, I would really
appreciate it as a courtesy.
Ms. Abrams: Gladly, Commissioner. Did you also want the tapes, or...?
Commissioner Regalado: Yes, I do.
Ms. Abrams: Gladly.
Commissioner Regalado: OK. By the way, Christina, the... and this is also concerns Willy, the
Dominican community in the City of Miami which is very large is organizing a major event. They are
going to bring one of the group of most well-known Dominican singers and musicians in order to raise
money for the victims of hurricane Georges. And, they want to use the facilities of Orange Bowl, and I
told them that I will be speaking in the Commission today about it and the possibility, not to waive fees,
but to work with them in order to, you know, help the Dominican Republic in this time o need. So...
Vice Chairman Plummer: All right, can we get back to budget?
Commissioner Regalado: Sure.
Commissioner Sanchez: Well, I... The...
Vice Chairman Plummer: Item... Item 52. Moved by Sanchez, seconded by Gort. Is there anyone who
wishes to speak anything further to...
Ms. Abrams: Commissioner, if I could make a comment on the MSEA budget?
Vice Chairman Plummer: OK.
187 September 28, 1998
Ms. Abrams: The budget submitted in your agenda, I had a scriveners area... error. The actual budget
being proposed by MSEA...
Commissioner Sanchez: No, I....
Ms. Abrams:... is in the amount of six hundred and ninety thousand.
Commissioner Sanchez: I forgot to mention that.
Vice Chairman Plummer: All right, what do you want "Boom -Boom"?
Mr. Manuel Gonzalez-Goenaga: No, on this budget I can't speak because I don't have the back-up
papers, but go ahead.
Vice Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: Transparency in government.
Vice Chairman Plummer: With your permission. All right is there an ordinance to read in this or just a
resolution? It's a resolution. All in favor, say "aye."
The Commissioner (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous, I assume.
The following resolution was introduced by Commissioner Sanchez who moved its adoption:
RESOLUTION NO.98-926
A RESOLUTION WITH ATTACHMENT, APPROVING THE MIAMI
SPORTS AND EXHIBITION AUTHORITY'S PROPOSED
ADMINISTRATIVE BUDGET FOR FISCAL YEAR 1998-1999.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
188 September 28, 1998
Vice Chairman Plummer: All right, let's go back to 51, even though it's not part of budget.
Commissioner Regalado.
Commissioner Regalado: Yes, sir.
Vice Chairman Plummer: You move it?
Commissioner Regalado: I am sorry, sir?
Vice Chairman Plummer: Do you move Item 51?
Commissioner Regalado: Of course, I move it.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: After I -- what I heard today here, I've got to move it.
Vice Chairman Plummer: Is there a second to 51?
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded by Gort.
Mr. Alejandro Vilarello (City Attorney): That's as amended?
Vice Chairman Plummer: As amended.
Commissioner Regalado: As amended.
Vice Chairman Plummer: Do we need to vote on the amendment first?
Commissioner Sanchez: No, can someone explain to me what it is I was... I stepped out.
Vice Chairman Plummer: I am sorry.
Commissioner Sanchez: Can you explain to me what that was? I was out.
Vice Chairman Plummer: Mr. Regalado would you explain to Commissioner Sanchez what is item 51.
Commissioner Regalado: Item 51, it's a special account to receive all they non -budgeted recurring or
non -recurring revenues that the City will get in the next month. So, the City Commission will have a
special account to use it on budget time next year in order to reduce fees and taxes. The amendment also
states that we, until this situation that Commissioner Teele has resolved, we would... should bring that
money from the Off -Street Parking to that account and if the City Attorney is satisfied with...
189 September 28, 1998
Vice Chairman Plummer: All non -restricted funds. All non -restricted.
Commissioner Regalado: ... what has been said here, then we will transfer that money to the CRA
(Community Redevelopment Agency), and that is...
Commissioner Sanchez: All right, I believe it's a step in the right direction, but how much money is that
going to...?
Vice Chairman Plummer: You don't know yet.
Commissioner Sanchez: How much is there going to be there in a year? We don't know?
Mr. Donald H. Warshaw (City Manager): I think the question is, Commissioner, the definition and it's
important as to what the unanticipated unbudgeted...
Commissioner Regalado: But I keep saying, it's not unanticipated, it's "unbudgeted."
Mr. Vilarello: Commissioner, actually it needs to be "unanticipated."
Commissioner Regalado: OK, you tell me if the Grove Harbor contract is unanticipated.
Mr. Vilarello: It is contained within revenue projections of the Manager's budget for fiscal year '99.
So...
Commissioner Regalado: So, so...
Mr. Vilarello: ... it is an unanticipated revenue if it comes in in fiscal year'99.
Commissioner Regalado: So, what, what you are saying is, that if we were to get three hundred or four
thousand... or four hundred thousand dollars ($400,000), that money will go to that account, is that
correct?
Vice Chairman Plummer: It could.
Mr. Vilarello: It could.
Mr. Warshaw: It could, yes.
Commissioner Regalado: What do you mean, it could? It should?
Mr. Warshaw: Well, if that's your... If that's your wish, absolutely.
Commissioner Regalado: Yeah, that's what I am saying.
Vice Chairman Plummer: The City will decide that.
Commissioner Gort: Yes.
Mr. Warshaw: ... qualify as unanticipated revenue.
190 September 28, 1998
Commissioner Regalado: OK, that's the explanation.
Vice Chairman Plummer: Sir, do you wish to comment?
Mr. Manuel Gonzalez-Goenaga: Not comment, add something smart. One of the special funds account
should be addressed as follows: Restitution and recovery for malfeasance and misfeasance and all
corruption. I have not seen one account whatsoever in this budget regarding restitution or collection or
recovery from corruption, and I am going to suggest one that I can... that comes from many years ago.
The one hundred thousand dollars ($100,000) stolen from the safe of the Police Department. Thank you
very much.
Vice Chairman Plummer: Thank you, sir. It's a resolution.
Commissioner Sanchez: All in favor say, aye.
Mr. Alejandro Vilarello: Ordinance. It's an emergency ordinance.
Vice Chairman Plummer: Fifty-one? It's not an emergency ordinance in my agenda.
Commissioner Regalado: Yes, it is.
Commissioner Sanchez: Not in mine, either.
Commissioner Regalado: Yes, it is.
Vice Chairman Plummer: Not in mine, it's not an emergency.
Commissioner Sanchez: Not in mine.
Vice Chairman Plummer: No, sir.
Commissioner Regalado: Wait.
Mr. Vilarello: That's the will of the City Commission. It can be passed as an ordinance on first reading.
Vice Chairman Plummer: It's, it's on first reading. It's first reading.
Commissioner Sanchez: I make a motion.
Commissioner Regalado: OK, first reading is fine.
Commissioner Gort: It says here an emergency ordinance.
Vice Chairman Plummer: It doesn't say on the agenda, sorry. All right.
Commissioner Gort: Excuse me, let me ask you a question because... J.L., I mean, we need to get these
things clarified. If we get these back-up material which state something and then the agenda states
something different. We need somehow... Item 51.
191 September 28, 1998
Vice Chairman Plummer: The agenda doesn't say it's emergency, the back-up does.
Commissioner Gort: So somehow we have to make sure that the agenda goes with the back-up because,
you know I read out off the information, not the agenda.
Vice Chairman Plummer: All right, let's have it on first reading. We can have a second reading shortly.
Do we need...? Is? Read it, Mr. City Attorney.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE (TITLE) INTO THE PUBLIC
RECORD.
Vice Chairman Plummer: Call the roll.
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Regalado.
Commissioner Regalado: Yes.
Mr. Foeman: Commissioner Gort.
Commissioner Gort: Yes.
Mr. Foeman: Commissioner Sanchez.
Commissioner Sanchez: Yes.
Mr. Foeman: Commissioner Teele.
Commissioner Teele: What is the amendment in this resolution, in this emergency... this in...?
Mr. Vilarello: The deletion of the word "donated."
Commissioner Regalado: No, and also... and also the money coming from the Off -Street Parking to be
placed in that... until you legally resolve the situation and then the monies should be transferred to the
CRA (Community Redevelopment Agency). That is...
Mr. Vilarello: Well, pursuant to our agreement with the Off -Street Parking Authority for approximately
three quarters there won't be any payments of excess revenues to the City. Those will be made in the last
quarter of the year. So...
Commissioner Regalado: But, that... That account is going to be there.
Mr. Vilarello: What you are suggesting is those revenues in excess of the two point two million dollars
($2,200,000) that Off -Street Parking Authority has pledged to the City would be un...
Commissioner Regalado: No, no, I am not suggesting that. No, no, no. I am suggesting the revenues in
excess of the two million dollars ($2,000,000). We are talking about the money that we are supposed to
get from this parking lot 57, 58, 59 and 60.
Vice Chairman Plummer: Are we talking about the revenues? Are we talking about establishing the
fund?
192 September 28, 1998
Commissioner Regalado: We are talking... J.L., it's just as amended, as amendment. As amended.
Vice Chairman Plummer: As of.... What I read on the agenda, it's establishing the fund.
Commissioner Regalado: Right, but...
Vice Chairman Plummer: Once you have established it, you can talk about the revenues.
Commissioner Regalado: No, no, no. But, as amended. To make sure. What I am trying to do is to
resolve this situation, gentlemen. That's all I am trying to do. And, you know, the Manager understands
what I am trying to do, I am sure and you, too. So, you know. The amendment. The amendment
would say that that special account could be used or would be used to receive the money from the Off -
Street Parking in excess of the budgeted money, we don't want to bring the two million plus to that,
because that's in the budget and that's for the Manager to use for whatever he... I am just trying, trying to
offer that account as a way to resolve a situation, that's all that there is to it. And like you said it's...
maybe it's not coming for months, well the account will be there until the City Commission decides next
year.
Vice Chairman Plummer: All right, all right. Where?
Mr. Walter J. Foeman (City Clerk): Continuing roll call.
Vice Chairman Plummer: Mr. City Attorney. No, hold on now. Is this...? Does the City Manager and
the City Attorney concur that they acknowledge and know what he is saying right now?
Mr. Vilarello: No. Commissioner...
Vice Chairman Plummer: Then, then let's get it clear. I don't want to come back a week from here now
and saying, oh, I told you so. Now, let's... Get the record clear now.
Commissioner Teele: May I inquire?
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: Commissioner Regalado, is your intent to somehow do what the Resolution 97-833
that specifically directed... the City Manager is hereby directed to identify all revenues currently received
from the Department of Off -Street Parking for leasing on municipal lots 57, 58, 59, 60, and take whatever
steps that are necessary to redirect said revenue as well as any other CRA asset based revenue former or
currently of the Southeast Overtown Park West and to present also the justification for the sale of the land
which is six million dollars ($6,000,000) which I haven't even brought up? Now, one of the things, and I
just want the record to be very clear, Mr. Manager, that this is not a 13th hour or an 1 lth hour, or 12th
hour issue. This issue was passed by this Commission directing the City Manager almost ten months ago.
So, it should have been done. But, not withstanding that, Commissioner Regalado if your intent is to say
that the unanticipated revenues, the first two hundred and fifty thousand or the amount equal to the
amount that is currently being diverted will go to replace those funds, I think that would be very helpful
as a stop gap. As a stop gap and resolve this particular problem, but I think it still doesn't solve the
underlying budget problem that this budget ordinance is based upon.
193 September 28, 1998
Vice Chairman Plummer: Well, and I think also, Commissioner Teele, I am not sure of the dates, but I
think that this took place prior to a commitment to the City of two point two million dollars ($2,200,000)
a year for their budget. This action took place prior to that.
Commissioner Teele: Commissioner, I am the person who authored the legislation that created that. It
was as the Manager would say, it was a pocket item done at the request of the management by me to
resolve the issue. In addition, I went to Off -Street Parking and negotiated with them and their board. It
was always very clear as Mr. Diaz of the City Attorney's Office, and since the meeting was at seven in
the morning, there was no City of Miami management staff there, but I will say that there was a City
Attorney there. Commissioner Sanchez was there. The agreement was that notwithstanding the
agreements that we made on the excess revenues that these funds would not be a part of that because
these funds are basically funds in which they are providing a contract service for us. These aren't their
monies.
Commissioner Regalado: Right.
Commissioner Teele: That's what I am trying to get you to understand. These funds that we are talking
about are not funds of Off -Street Parking.
Commissioner Regalado: Then the two million plus are the bond... bond refinancing.
Commissioner Teele: The two million are the funds from Off -Street Parking.
Vice Chairman Plummer: All right.
Commissioner Teele: But, but to me the issue is a moral issue.
Vice Chairman Plummer: Where are we going to go from here? Mr. City Attorney, Mr. Manager?
Mr. Vilarello: With regard to the suggested amendment to the ordinance, Commissioner, I don't believe
that it would be appropriate to designate those funds here. That would essentially accomplish what
Commissioner Teele's resolution would have which we have advised you that we don't have enough
information to give you clear direction. There is... We've learned more things as we sat here.
Commissioner Regalado: No, but Mr. City Attorney. My amendment said, if the City Attorney decided
and the City Manager decides that this is the correct way on this issue, that fund then will be used to
shield that money not to put it in the general fund and then transfer back the money to the CRA, that's the
amendment.
Mr. Vilarello: My recommendation is, if that's what you want to do that you do that by a resolution at a
future date when the issue of whether those revenues can appropriately go there is clarified.
Commissioner Regalado: But, I don't have any problem... I don't have any problem. I just was trying to
use that as the least way to resolve a situation that we need to resolve.
Vice Chairman Plummer: OK. We are either going to vote on 51...
Commissioner Regalado: And you know, I don't need to be satisfied. It's Commissioner Teele.
194 September 28, 1998
Commissioner Teele: Mr. Chairman, let me just say this. I will not vote to codify past practices relating
to Overtown, and that's what basically you are providing... That's basically the only option that you are
giving me as it relates to the underlying budget ordinance, is that I have to support the way this budget
has been created that for ten years took the money out of there. And I said back in November - I mean,
this is not a 13th hour issue - that this matter needs to be resolved. And I don't... I just cannot
understand why there is a resistance on the part of the process to depersonalize this.
Mr. Warshaw: Commissioner, I would just like to make one comment.
Vice Chairman Plummer: We're going...
Commissioner Teele: If you want to cut me off, fine.
Vice Chairman Plummer: We are going in circles.
Mr. Warshaw: I am not resisting this, and this was a discussion item on today's Commission agenda, and
in anticipation of that, trying to be prepared to respond to your questions, I called Clark Cook at eleven
o'clock this morning and asked him to brief me on the history of this. And what I am sharing with you is,
he told me that these revenues are going to flow to the City of Miami, not to the CRA now that the
Gusman commitment is finished. That's all I am saying. I don't have a position against this. I am not
against you. I am not against the CRA getting this money. I just anticipated this issue coming up based
on Mr. Jones' appearance only as a discussion item, and I am simply sharing with you what Clark Cook
told me.
Commissioner Teele: Then two points. Mr. Cook told me that all he needed was a simple resolution that
instructed him to place the money in the account which is what this does. You considered this a 13th
hour or 12th hour, I think you characterized this effort. This matter has been going on now back and
forth in the board meetings of the Off -Street Parking, on this dais and in instruction to you. And I am not
going to be intimated by your continued references to the fact that all you want is more time. Because
this time has expired, it's about ten months on this thing. And, and I really do believe now that I am
being told that your staff did not put on the budget of the CRA, even though this CRA Board of Directors
approved the budget of the CRA, but your liaison has not put this item on the agenda today. You know, I
really am beginning to wonder what's going on. Where is the budget for the CRA for approval?
Mr. Warshaw: Why didn't you hold Mr. Pedrosa accountable for this that happened back in November?
This is...
Commissioner Teele: Oh, so now, we are going to hear the... don't blame me, blame the previous guy
which is what I...
Mr. Warshaw: What happened... What happened in November that this was never done? This is almost
October 30th.
Commissioner Teele: Because this is a budget process. This is a budget...
Vice Chairman Plummer: Gentlemen. We are not going to conduct business in a hostile attitude.
Commissioner Teele: Mr. Manager, Mr. Chairman, let me just say this.
Vice Chairman Plummer: Mr. Teele, you have the floor.
195 September 28, 1998
Commissioner Teele: Mr. Chairman, this action has been hostile to the community that I represent for
some ten years. And I think, you know, it's a little bit sanctimonious now, for us to start talking about
what's hostile. This has been on the public record, laid throughout the public record. Every newspaper,
the Miami Today, The Miami Herald, the Miami Times. You have people from the public coming here.
I mean, this is not like a sneak attack the way it's been characterized. This issue is an issue which we
have all said would be taken care of in the budget process. This is the budget process and all that I am
suggesting to you, Mr. Vice Chairman is that this matter needs to be resolved.
Vice Chairman Plummer: OK. The Vice Chairman is going to rule that we are calling the roll on Item
51. We have a motion. We have a second. Mr. Clerk, call the roll.
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED
"NON BUDGETED REVENUES" AND AUTHORIZING THE CITY MANAGER TO
OPEN A BANK ("ACCOUNT"), IN CONJUNCTION WITH SAID FUND, WHICH
SHALL SERVE AS THE EXPLICIT DEPOSITORY OF UNANTICIPATED
REVENUES TO BE RECEIVED BY THE CITY OF MIAMI AND UTILIZED AS
DIRECTED BY THE CITY COMMISSION FOR PUBLIC PURPOSE; FURTHER,
AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT AND DEPOSIT SAID
REVENUES INTO SAID ACCOUNT AS THEY BECOME AVAILABLE, (2)
ENSURE THAT SAID REVENUE FUNDS ARE NOT CO -MINGLED WITH OTHER
CITY FUNDS OR DEPOSITED INTO EXISTING CITY OF MIAMI BANK
ACCOUNTS, AND (3) EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID
UNANTICIPATED REVENUES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR A EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Gort, and was passed on first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
(Note: Although absent during roll call, Commissioner Sanchez requested of the Clerk to be shown in
agreement with the motion.)
48. FUND CONTINUATION OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA)'
BUDGET.
Vice Chairman Plummer: All right, we are back to item...
Commissioner Gort: Mr. Vice Chairman, I got to...
Vice Chairman Plummer: Mr. Gort.
196 September 28, 1998
Commissioner Gort: Somehow since we set-up a lot of process and standards, I think somehow we need
to like this resolution was passed before, and I understand the...
Vice Chairman Plummer: What resolution?
Commissioner Gort: This one here, 97... It was passed in November 26, 1997.
Vice Chairman Plummer: Yes, what about it?
Commissioner Gort: Well, somehow we have got to have some follow-up, some system where if there is
a change which has taken place in the past, and the City Attorney and the City Manager that it be passed
out... forwarded on to the departments to make sure they stay on their script. Because I think what's
happening, part of what's happening here, Commissioner Teele is, I don't think it's so much of a,
something against the Overtown or what we want to do because we all understand, we have all worked
for and I think we all want to see the improvement there. But this is something that happened in
November 26, 1997, and somehow we cannot allow this to continue to happen. One of the problems that
I have sometime is that you will call a department or you call someone asking a question, and they will
tell you they are sick. They can't answer. Or they are on vacation. I think somehow we need to set up
the standards where if somebody is missing, somebody is no longer with us, there is a backup that can
answer those questions, and I think this is one of the problems that we have with this resolution here.
Vice Chairman Plummer: All right, we are now back to item 29.
Commissioner Teele: What's twenty-nine?
Vice Chairman Plummer: Twenty-nine is the next item. The next person on the floor is Mr. Carlton.
Commissioner Teele: Wait, wait, wait, Mr. Chairman, Mr. Vice Chairman...
Vice Chairman Plummer: Commissioner Teele. Question.
Commissioner Teele: ... before we go on from the budget.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: This... I need this matter to be resolved tonight before we start going into other
matters now. I mean, you know, this is... this is the way you know, this City has tried to operate and I
just got to tell you. I have done what I am supposed to do, I brought it to this Commission. I took it to
the Manager, I don't think there is any disagreement about the fact, but I think, you know there is an
overriding issue here that relates to where this Commission is going as it relates to whether or not we are
going to buy into previous practices. And, and I am very, very concerned that we resolve this matter
tonight. Mr. Manager, I would also ask you, respectfully, where is the budget of the CRA? The CRA
board approved it which is this board. You have the staff liaison that is basically supposed to be doing
this. We have approved the Off -Street Parking budget. We have approved the DDA (Downtown
Development Authority) budget, we have approved the MSEA (Miami Sports and Exhibition Authority)
budget, we have approved the Bayfront Trust budget, but we haven't approved the CRA budget. Now,
don't tell me again, that this is something that I am supposed to do, because...
Mr. Donald Warshaw (City Manager): What budget of the CRA are you referring to, Commissioner?
197 September 28, 1998
Commissioner Teele: The budget that was approved by the CRA Board of Directors which is the City
Commission.
Mr. Warshaw: I haven't seen the budget of the CRA board. I have never gotten a budget of the CRA. I
do recall that there was a blank untitled sheet of paper handed out at the very last minute of the last
Commission meeting, I don't know if that's the budget.
Commissioner Teele: No, that's not. It was...
Mr. Warshaw: I have not seen the budget of the CRA board, and I don't believe any member of my staff
has, either.
Commissioner Teele: Oh, yes, they have because Ms. Warren's memorandum makes references to the
CRA budget, OK. So, let's don't... Let's don't all dummy up here now.
Mr. Warshaw: Do you have the budget of the CRA?
Ms. Gwendolyn Warren (Director, Community Development): The sheet that the Commissioner is
referencing is based on the handout at the last meeting...
Mr. Warshaw: Right.
Ms. Warren: ... that you asked me to do a critique of what had been funded which resolutions approved
it.
Mr. Warshaw: Right, that was the sheet of paper I was referring to at the last meeting. But, other than
that, we have never seen a copy of the CRA budget.
Commissioner Teele: Commish... Mr. Manager...
Mr. Warshaw: Yes.
Commissioner Teele: ... the CRA budget consists of five pages just like all the other budgets do. It was
passed by the five members of this Commission as... Commissioner Gort, you were here, you know...
You know, again, I think there is a conspiracy.
Mr. Warshaw: No, I think that...
Commissioner Teele: I think there is a conspiracy.
Mr. Warshaw:... the Director of the CRA puts the budget on the agenda. I have never seen the CRA
budget.
Commissioner Teele: The budget... the CRA Director is not appropriately the person that places...
That's what the... It's was my understanding that's what your staff did. You all call the CRA to come to
various meetings relating to the hurricane, to do this, to... I think Commissioners, look, I am going to be
very honest with you. I have tried to be supportive of every Commissioner's agenda here, whether it be
the DDA whether it be Bayfront Trust. All that I am telling you, Commissioners, you all have sat here,
you voted, you formed your own opinion. I am telling you, there is a conspiracy here and I really do
198 September 28, 1998
believe that the reason that these areas are so poor is no accident. I mean, I think it's no accident. I think
the reason that the trash that we all keep talking about, even J.L. said, "Well, I got to admit, it's not my
area, but it does look worse than my area." I mean, there is a conspiracy going on here and the fact of the
matter is Commissioners, we either going to be a part of stopping this problem or we are going to be a
part of just looking the other way and continuing what has gone on for the last ten years here. Well, I
would ask Mr. Manager that you staff since you know, you all don't prepare pocket items. I would ask
that your staff have the CRA budget that was approved brought here tonight before we leave since that's
you know, their pay grade not mine, and we will basically work to accommodate you. And, with all due
respect... Ma'am.
Commissioner Gort: Go ahead.
Mr. Warren: Again, to my knowledge, the only budget information I have is the one, the single sheet. I
don't have a copy of the original budget or the approved budget by the CRA board.
Mr. Warshaw: The CRA Director, I would think, similar to the DDA Director, the MSEA Director
presents the budget. I have not seen the CRA budget, ever.
Vice Chairman Plummer: Yes, we did. We had it at the last meeting, it was presented to us.
Mr. Warshaw: As the CRA?
Vice Chairman Plummer: Yeah, the CRA budget... this huge amount of money two million... I got it in...
Commissioner Teele: Two point four.
Vice Chairman Plummer: I got it in my office.
Commissioner Teele: Two point four.
Mr. Warshaw: Two point four million?
Vice Chairman Plummer: I am not saying I agreed with that, I am saying I saw the budget or at least a
proposed budget.
Commissioner Regalado: We voted on it, I don't know.
Vice Chairman Plummer: We tentatively voted on it at the CRA meeting, wasn't it?
Commissioner Teele: Well, let me ask me the City Attorney if he would provide a continuing resolution
for the CRA to continue to operate as a budget until the next Commission meeting and give the Manager
an opport...
Vice Chairman Plummer: Moved Teele, seconded by Gort that that provision be made to have a
continuing resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show a unanimous ballot.
199 September 28, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-927
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
APPROPRIATE LEGISLATION TO APPROVE THE BUDGET OF THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ORDER THAT IT
MAY CONTINUE TO OPERATE FOR FISCAL YEAR 1998-1999; FURTHER
DIRECTING THE MANAGER TO SCHEDULE SAID ISSUE ON THE
OCTOBER 13, 1998 COMMISSION MEETING AGENDA.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: We are now on item... Let me caution everybody. This Commission is over
at nine o'clock. The last item is the last item at nine o'clock. Now, if you have, Mr. Manager, any time
sensitive issues you had better set your priority, OK. Mr. Carlton, you are on, sir.
Mr. Leroy Jones: Commissioner Plummer, can I get one minute, please? I would like to go back to my
item nine because I was instructed to stay here through the budget meeting to see if we are going to get
some kind of clarification as far as my item. Because leaving here, I still don't have a clear...
Vice Chairman Plummer: The item has been turned over to the Manager, sir. You communicate with
him and he will indicate to you the results.
Mr. Jones: Oh, I am still kind of confused.
Vice Chairman Plummer: What's your problem?
Mr. Jones: Because I was... I was noticed in... My issue was mainly focused on the conversation here
recently in the last hour. You know, and to...
Vice Chairman Plummer: And what is your problem, sir?
Mr. Jones: Do I have to...? Can I get this information from the Manager today? Because I would like
to...
Vice Chairman Plummer: You'll get an answer... I assume...
Mr. Jones: I would like here... I would like to leave here knowing something, something...
200 September 28, 1998
Vice Chairman Plummer: Sir, you will get a... As soon as the Manager has made a resolve to the issue
which has not been resolved here this evening, I am sure he will be happy to share that with you.
Mr. Jones: So, I'll be looking for this recent... I mean, I'll be looking for this soon? That's what I...
You know, because I would like to leave here with something...
Vice Chairman Plummer: Sir, sir, I answered you know. You want me to repeat it, again? The matter
has not been resolved.
Mr. Jones: OK.
Vice Chairman Plummer: As soon as the Manager and the City Attorney have resolved the issue, I am
sure they will be glad to discuss it with you, OK?
Mr. Jones: OK.
Vice Chairman Plummer: Thank you, sir.
Vice Chairman Plummer: All right. Mr. Carlton, you have seven minutes, sir.
Mr. Roger Carlton: Thank you, sir. Mr. Vice Chairman, members of the Commission, Mr. Manager and
Mr. Attorney. Thank you for the opportunity to come before you tonight. With me are two of my
assistants from my office, Risa Parsons, and Kendall Moore, if you will just raise your hand for a
moment. We know how difficult this decision is, but I would like to clarify a couple of things that were
said by Ms. Canton and by Mr. Knox as well as to tell you a little bit about our proposal. First as you
know, both...
Vice Chairman Plummer: Excuse me. Ladies and gentlemen, I am sorry, maybe it's because I am sitting
on this side of the room, but I would appreciate that we have one meeting going on and one meeting only.
If yours is most important than this one, I'll stop this one. Thank you, sir. Go ahead.
Mr. Carlton: Thank you. Both as you know, I personally have made a long time commitment to the City
of Miami having been your parking director for seven years as well as our company deciding to locate its
Florida offices for more than 500 employees statewide within the City of Miami. We are located in
downtown Miami where we have been for the past three years. I was also assigned as you know to the
City during the early days of the transition when Mr. Stierheim was here, pro bono by Lockheed Martin
to help out with some of that initial work that was done in the financial crisis that faced the City at that
time. And, I think you all are to be congratulated on the commitment that you have achieved to turn that
around, a tremendous amount of work, difficult decisions, still a long way to go. And, what we hope to
be is part of that solution. One thing that has been not mentioned so far in this discussion is that this is
the third time that this EMS (Emergency Medical Services) debt collection proposal has been put out to
bid. The first two times when it was put out to bid the quality of the proposals that came in was not
satisfactory to the Fire Department or to the administration. And the reason was, that there was no
innovation, there was no change that would give you the chance to collect a substantially increased
amount of money. The third time that it went out and the one that is before you today clearly was based,
201 September 28, 1998
and it's been mentioned by your staff two times on both page 17 and 21, that the City was seeking
innovative proposals. And, I think Lockheed Martin and the other two bidders have the same capacity to
read the RFP (Request for Proposal). They have the same advisors, the have the same.. Actually, we had
less knowledge of the City's operations because we weren't there. But, the only innovative proposal that
came in, it brought new technology to the table, to the City without any cash that you had to pay up front,
was Lockheed Martin. And, that's why I believe that this committee reviewed our proposal, and that was
not the only place where we scored higher than the other vendors. We scored higher than the other
vendors in most categories, not just the innovation one. Now, what is this pen pad thing all about? You
have heard that it's only one hundred thousand dollars ($100,000), that's absolutely untrue. That's the
cost to acquire the equipment, but don't forget the software, don't forget the installation, don't forget the
training for all of your people that use that equipment. And don't forget the efficiencies that come not
only in how you build, but also in time savings in that the work that's done by those pen pads is not just
for billing, but they have the capacity to also do the reports that you have to give to the state about your
EMS operations. And that alone is a huge savings in operating cost and accuracy and a variety of other
things. You also heard that our proposal is going to cost one million dollars ($1,000,000) more. Your
staff very adequately answered that question in that, yes, we will get more money as your revenues go up.
But, you get 75 percent of those revenues, we get 25 percent. So, as we get more, you get much more.
Our proposal is not based on a fee as a percentage. Our proposal is based on the net revenues to the City,
the money to the general fund that goes to support your EMS program and your employees in the Fire
Department. And, we will get you more money. We have done that in all the other cities that we are in,
and they are big cities and they are complicated and they have large inner -City economically
disadvantaged populations. And we have been able to work with the interest groups, with the Fire and
Rescue Departments, with the elected officials to improve those systems, and that's what we will bring to
the City of Miami to help you all as your partner to get this done. We also heard that these pen pads are
untested. That is untrue. They are installed in our client in Houston, Texas. They are installed in
Pennsylvania, in Philadelphia and they have been enormously successful in making the Fire Department
more efficient and in bringing more revenue. So, I hope that you will address the issue here which is, is
the City going to end up with more net revenue? Is the Fire Department going to be helped in becoming
more efficient, and are you going to bring to the table a major, multi -national company that can stand
behind and bring this technology to you with no out-of-pocket cost and with more net revenue to you.
We look forward to working with the City. We want to be your partner in this and in future endeavors to
possibly help out with another item that is on your agenda to go out to bid for additional debt collection,
but that's another issue. But, we look forward to that proposal hitting the street, and we hope that you
will authorize the Manager to enter into the negotiations and if you can't get to the end of the day with us,
then go on to the second and third bidders. But you will get to the end of the day in a fair and reasonable
contract from both sides that get you more money. Thank you.
Vice Chairman Plummer: Thank you, sir. May I ask the City Commissioners please, look at discussion
items. Because, if nobody has any burning issue on the discussion items that each and every one of you
have, I am going to put them over until the next Commission meeting. OK. If there is not a burning
issue...
Commissioner Regalado: I... Mr. Vice Chairman.
Vice Chairman Plummer: ... because we are not going to get finished tonight.
Commissioner Regalado: I do have two pocket items that really need to be done.
Vice Chairman Plummer: All right, all right. I am not asking pocket items right now. All right,Mikki,
you wanted one minute of rebuttal? And, I will give Mr. Knox the same.
202 September 28, 1998
Ms. Mikki Canton: Thank you very much. OK. Thank you very much. Commissioners, despite the
very well -intended arguments that Lockheed Martin has given, that your staff has given. The bottom line
here is very simple, and I don't think you have heard any arguments that will change what I am going to
say. The process was flawed. The "but for" those bonus points that were given to Lockheed, they
would not have been ranked number one. And, number two, this is going to cost the City more than the
City needs to pay. Let's face it, you have before you, Commissioners, three companies that are all very
good companies. Two have been doing business with the City, one wants to do business with the City.
This is your golden opportunity to do something about this. You want to go ahead and let this go on to
litigation, the whole process will get tied up, the contract will get tied up, you can do that. But, what you
have now before you is the ability to try to work with everyone here in any way that you chose... you
choose, and make this happen. And, I don't know if your staff would disagree with me or not, but I think
that the bottom line here is, that you can negotiate and you can do very well and treat this as a business.
Vice Chairman Plummer: Thank you, ma'am.
Ms. Canton: Thank you.
Vice Chairman Plummer: Mr. Knox.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: We can go to questions after they have had their one minute rebuttal.
Mr. George Knox: Thank you, Mr. Chairman. I just need to point out, not only has the process flawed,
but it might violate at least the case law in the State of Florida. Please understand that during the
selection committee meeting when score sheets were passed out there was indication that ten bonus points
would be awarded and this was the first time that any of the bidders, perhaps, other than Lockheed Martin
became aware. That is a very significant violation of the law of the State of Florida as it relates to the
sanctity of the competitive selection process. Mr. Carlton talked about the fact that in his proposal he
lectured to the City about how they should calculate the revenues and he told them how he was going to
calculate the revenues, not based upon the contents of the RFP (Request for Proposal). The RFP called
for a method of calculation, Mr. Carlton and Lockheed Martin decided upon their own. The only fair
thing to do is, to provide each of the proposers and opportunity to submit a proposal based on exactly
what the City wants. Thank you.
Vice Chairman Plummer: Mr. Carlton, you have one minute to rebuttal.
Mr. Carlton: With all due respect to George, I believe that the decision on the ten bonus points was made
at the beginning of the meeting and it was announced by staff. It was not before the rating sheets were
handed out. The issue here is that that selection committee met for six hours. Its process was reviewed
by an Assistant City Attorney who was in the room, by Purchasing Department staff, and there was even
an issue that came up during the meeting that the City Attorney was contacted when he was out of town at
a conference. So, there was plenty of legal review, plenty of good direction given. It was a fair process.
I am sorry that the other two feel that they have not been fairly treated, but I hope that you will stick with
the recommendations of all your staff and your legal department and rank the firms as they have been
recommended to you. Again, thank you for the chance to be here and we look forward to working with
you.
203 September 28, 1998
Vice Chairman Plummer: Close the public hearing and ask for comments or questions by the City
Commission.
Commissioner Sanchez: Mr. Vice Chair, if I could just...
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Have the City, the City Manager look into it and see if they can come to an
agreement. I mean we will all work together on this, or if not, we will just go ahead and make a decision
on it.
Vice Chairman Plummer: All right, any other comments by other Commissioners, any questions? The
floor is open for a motion. Everybody wants to die, but nobody wants to go to heaven.
Commissioner Regalado: So, we...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: So, we need to vote on three issues, right?
Vice Chairman Plummer: I am sorry, sir.
Commissioner Regalado: Three, three times we need to vote.
Ms. Marva Wiley (Special Assistant to the City Manager): That is correct.
Commissioner Regalado: First to reject one protest, then second to reject and then to accept.
Vice Chairman Plummer: Well, that's maybe. If you go with the firm that's recommended, there are
three votes. If you go with one of the firms that have been rejected, then I guess, it would be two votes.
Commissioner Regalado: Well...
Ms. Wiley: Excuse me, Mr. Commissioner, but the protest has to be approved or disapproved. So, it is
three... either way.
Commissioner Regalado: That's what I am saying.
Vice Chairman Plummer: OK. So, then there is three votes. OK, then we will address item 29 first
which is the rejection of Medaphis.
Commissioner Gort: My understanding is, staff believes that the proposer has complied with all the
requirement that you sent.
Ms. Wiley: Pardon me?
Commissioner Gort: What is your recommendation on 29?
Ms. Wiley: That you approve the rejection of the protest.
204 September 28, 1998
Commissioner Sanchez: That we approve the rejection?
Ms. Wiley: Right, uh-huh.
Vice Chairman Plummer: That's what she said.
Commissioner Regalado: Yeah. Let me ask the City Attorney. The possibility of legal action has been
raised here. What if?
Vice Chairman Plummer: Anybody with seventy-two dollars ($72).
Commissioner Regalado: OK, I am asking.
Commissioner Sanchez: Chief.
Commissioner Regalado: Mr. City Attorney.
Mr. Ralph Diaz (Deputy City Attorney): Yes, sir. Let me give you our thoughts on this issue.
Vice Chairman Plummer: The answer is "yes" or "no." Is there a possibility...?
Ms. Diaz: Yes, there is a possibility. Yes, of course, there is always a possibility on this issue.
Vice Chairman Plummer: Of course there is. Next question. No editorials. Item 29, motion. OK, I am
going to ask a second time and then we are going to go to item 21-A.
Commissioner Gort: Look my understanding is, and one of the points is the... there is a ten point
difference according to what you are saying. And, even if you say there is ten point difference, they will
still be ahead seven... seven point seven five. Now, my understanding is, we had five individuals scoring
this. Chief, we you a part of that?
Fire Chief Gimenez: Excuse me?
Vice Chairman Plummer: No.
Commissioner Gort: Were you a part of this...?
Fire Chief Gimenez: No, I wasn't. I was not.
Ms. Wiley: He was not on the selection committee. No, he wasn't.
Commissioner Gort: Did you have anybody from the Fire Department?
Ms. Wiley: Yes.
Vice Chairman Plummer: Yes, the Chairman.
Commissioner Gort: OK. My question is, what has been the average collection of..
Unidentified Speaker: Forty-three percent.
205 September 28, 1998
Fire Chief Gimenez: The average collection rate were... is forty-three percent.
Commissioner Gort: No, I am talking about how much is the total collections that have been done in the
past years.
Fire Chief Gimenez: It's approximately about four million dollars ($4,000,000) a year.
Commissioner Gort: Four million dollars ($4,000,000) a year?
Fire Chief Gimenez: Uh-huh.
Vice Chairman Plummer: All right, gentlemen, I have a request from the City Attorney to have ten
minutes on these three items with the City Manager to discuss the possibility of an equitable solution. I
have no idea what his idea is. Does anybody have an objection? If they don't, I'll grant the ten minutes.
All right, you have got ten minutes.
Commissioner Regalado: All right.
Vice Chairman Plummer: All right, you got ten minutes.
Commissioner Regalado: Go ahead.
NOTE FOR THE RECORD: At this point, the item number 29 was tabled.
Vice Chairman Plummer: Now, I would like to have a motion at this time to defer from item 42 to item
47-C with the exception of the Manager requesting item 45 to be heard. So, a motion would be to move
item 42 to 47-C, with the exception of 45, to the next Commission agenda.
Commissioner Teele: Are you going to take up pocket items?
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: Then I would ask that...
Vice Chairman Plummer: I'll always do Commissioners.
Commissioner Teele: I would ask that 46 be treated as a pocket item.
Vice Chairman Plummer: Forty-six or forty-six... Forty-six or forty-six A?
Commissioner Teele: What is it? Forty-six...
206 September 28, 1998
Commissioner Regalado: Forty-six. Forty-six A, we have done already.
Commissioner Sanchez: We have done that one already.
Commissioner Teele: What is forty-six?
Commissioner Regalado: Forty-six B, you were talking about forty-six B. Here you go.
Commissioner Teele: No, it's the matter relating to Basic Training. Yeah, forty-six B.
Vice Chairman Plummer: Of the what, sir?
Commissioner Teele: Forty-six B.
Vice Chairman Plummer: Forty-six B. All right, so you want that to stay in. So forty-five and forty-six
B will stay in. The motion then to encompass all others is moved by Regalado, seconded by Gort. All in
favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show no opposition. All of those other matters will be resolved
over to...
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-928
A MOTION TO DEFER CONSIDERATION OF THE FOLLOWING ITEMS
TO THE NEXT CITY COMMISSION AGENDA:
ITEM 42 (DISCUSSION OF POLICE(FIRE OPERATIONAL REVIEW
ASSISTANCE ON STRATEGIC PLAN);
ITEM 43 (DISCUSSION REGARDING NOISE FROM SLOPPY JOE'S BAR);
ITEM 44 (DISCUSSION OF DESIGNATION OF N.W. 32 STREET AS MRS.
AIDA RAMOS);
ITEM 46 (DISCUSSION OF REVIEW OF AD VALOREM TAX
ASSESSMENTS);
ITEM 47-A (APPOINTMENTS TO AFFORDABLE HOUSING ADVISORY
COMMITTEE);
ITEM 47-B (APPOINTMENTS TO CODE ENFORCEMENT BOARD); AND
ITEM 47-C (APPOINTMENTS TO PROPERTY AND ASSET REVIEW
COMMITTEE).
207 September 28, 1998
Upon being seconded by Commissioner Gort, the motion was passed and adopted b 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.
51. 'AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS — FOR PROVISION'
OF DEBT COLLECTION SERVICES — FOR FINANCE.
Vice Chairman Plummer: The time sensitive are now ready. Item forty... I am going to go just as the
Manager gave them to me, and we are going to be skipping around, so please follow with me. The first
item the Manager asked for that's time sensitive is 41. Mister... forty-one is an RFP (Request for
Proposal) to solicit for the debt collection services, the Department of Finance. That's so... I assume
that's to issue an RFP to be brought back to be approve by the Commission.
Ms. Judy Carter (Director of Procurement): Yes, sir. We responded...
Vice Chairman Plummer: Is there a motion?
Commissioner Regalado: OK, move it. Move it.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Motion by Regalado, seconded by...
Commissioner Sanchez: Second.
Vice Chairman Plummer: ... Sanchez. All...
Ms. Carter: No, no, sir. The document has been attached. We are asking the authorization to issue the
RFP.
Commissioner Regalado: Yeah, and it has to come back after to the Commission.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
208 September 28, 1998
RESOLUTION NO.98-929
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN
SUBSTANTIALLY THE ATTACHED FORM, TO SOLICIT PROPOSALS
FOR THE PROVISION OF DEBT COLLECTION SERVICES FOR THE
DEPARTMENT OF FINANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
52. AUTHORIZE ACQUISITION OF MICROCOMPUTERS NETWORK PRODUCTS, SOFTWARE'
AND SERVICES FROM VARIOUS VENDORS — FOR CITY DEPARTMENTS AND 'GENERAL'
SERVICES ADMINISTRATION — ALLOCATE $125,000 FROM ACCOUNT 311604 469401.6.850.
Vice Chairman Plummer: The next item the Manager asked for is item 37. Thirty-seven is in reference
to the contract for GSA (General Services Administration). I have a document which was provided to me
which I think I made a copy available, and where those monies were going and what departments they
were going to. It's a resolution. Moved by Gort, seconded by Regalado. Any further discussion? All in
favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION no. 98-930
A RESOLUTION AUTHORIZING THE ACQUISITION OF
MICROCOMPUTERS, NETWORK PRODUCTS, SOFTWARE AND
SERVICES FROM VARIOUS VENDORS, FOR CITY DEPARTMENTS AND
GENERAL SERVICES ADMINISTRATION (GSA), UNDER EXISTING
STATE OF FLORIDA CONTRACT, NOS. 252-001-97-1, 973-561-98-1 AND
250-040-99-1, IN THE TOTAL PROPOSED AMOUNT OF 4125,000.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM (CIP), AS APPROPRIATED BY CIP ORDINANCE NO. 11623,
AS AMENDED, ACCOUNT NO. 311604.469401.6.850.
209 September 28, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
53. AUTHORIZE CITY MANAGER TO EXECUTE APROFESSIONAL SERVICE AGREEMENT
WITH MODIS — FOR COMPUTER 'PROGRAMMING SERVICES FOR INFORMATION
TECHNOLOGY'— ALLOCATE $50,000 FROM ACCOUNT 001000.460101.6 270.
Vice Chairman Plummer: The next item asked is item 36. Item 36 is a computer programming service.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: So moved by Sanchez. Seconded by Regalado. All in favor of 36 say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show 36 is a unanimous vote.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.98-931
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH MODIS, UNDER STATE OF FLORIDA
NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO. 991855,
FOR THE PROCUREMENT OF COMPUTER PROGRAMMING SERVICES,
FOR A PERIOD OF SIX (6) MONTHS, FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED
$50,000, WITH THE OPTION TO EXTEND SAID AGREEMENT FOR AN
ADDITIONAL SIX-MONTH PERIOD, SUBJECT TO THE RENEWAL OF
THE STATE OF FLORIDA SNAPS CONTRACT; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.460101.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
210 September 28, 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 Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
54.ACCEPT REPORT CONCERNING CITY'S MIGRATION TO UNYSIS CLEARPATH SYSTEM.
Vice Chairman Plummer: Item 45 is in reference to the progress with UNISYS which was to come back
with a report. I think each of you have had the opportunity to read the report and there is nothing, and
since I asked for it, there is nothing there that hinders it as far as I am concerned. I will move item 45,
seconded by Gort. Anyone have any discussion or further problems with 45? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-932
A MOTION ACCEPTING A REPORT IN CONNECTION WITH THE CITY' S
MIGRATION FROM ITS CURRENT UNISYS HARDWARE PLATFORM TO
THE UNISYS CLEARPATH SYSTEM.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
211 September 28, 1998
J
Vice Chairman Plummer: Item 46-B, Mr. Teele. Regarding the organization of Basic Training. Mr.
Teele.
Commissioner Teele: I would move the item as amended by the City Attorney.
Vice Chairman Plummer: That's... What is the...? Give it to me.
Commissioner Regalado: It's here.
Commissioner Teele: It was passed out.
Vice Chairman Plummer: I am sorry, sir. If it is, I don't have it.
Ms. Gwendolyn Warren (Director, Community Development): This is on CDBG (Community
Development Block Grant) funds.
Commissioner Teele: Yes.
Vice Chairman Plummer: OK, and how much is it?
Commissioner Gort: Thirty-five.
Commissioner Teele: It basically is three hundred thousand dollars ($300,000). Two hundred thousand
dollars ($200,000) was previously approved in a different category and one hundred thousand dollars
($100,000) was... as a reserve for the empowerment zone of funds which were never used.
Vice Chairman Plummer: Mr. City Manager.
Mr. Alejandro Vilarello (City Attorney): The one concern I have Commissioner is...
Vice Chairman Plummer: Excuse me, I asked the City Manager. Are you aware of this? Because I...
Mr. Donald H. Warshaw (City Manager): I... no. I am not aware of the additional one hundred
thousand. There was an item passed for a renovation of a building for this organization.
Vice Chairman Plummer: That, I remember.
Mr. Warshaw: The building was condemned. So, I think what this is to identify another building, but I
think the amount has gone to three hundred thousand, I am not sure what that other building is. And,
once I find it out, then we will talk about the, you know, the one hundred thousand dollars ($100,000). I
assume it's for the same issue, the renovation of a building.
Vice Chairman Plummer: We have already approved the two hundred, correct?
212 September 28, 1998
Mr. Warshaw: For a building that has been condemned. Yes, that's correct.
Vice Chairman Plummer: All right, so are we talking about then, this item is another one hundred. Is
that for the total of three or is it in addition to that?
Ms. Warren: We are talking about two issues. One, the Commission previously allocated one hundred
thousand dollars ($100,000) for the staff to use for support for the empowerment zone application.
Vice Chairman Plummer: Correct.
Ms. Warren: Additionally, the original two hundred thousand dollars ($200,000) that was to go to Basic
Training, the facility that was identified in your original resolution is notoccupiable. So, we are doing
two things. We are... the resolution recommends transferring the two hundred thousand dollars
($200,000) to be used for a suitable piece of property and also utaliz... using the under-utilized one
hundred thousand dollars ($100,000) for the empowerment zone, making it a total of three hundred
thousand.
Vice Chairman Plummer: So then, do I understand you are in concurrence with this?
Ms. Warren: The issue at this point in time is that if you identify the additional one hundred thousand, it
increases the amount, and we probably need to take the time to see whether or not it requires a public
notice.
Vice Chairman Plummer: Probably is not my answer. Are you in...
Ms. Warren: At this point in time I am not prepared to...
Vice Chairman Plummer: ... in favor and in concurrence with this request?
Ms. Warren: I am in favor of the concept. I need to ensure that we can do it without a public hearing
and notice, that's all.
Vice Chairman Plummer: OK.
Commissioner Teele: Mr. Manager.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Vice Chairman. No funds can legally be moved, and we do it every day.
We... you know, I am going to tell you something, Mr. Manager, we are getting ready to shut down the
whole process because every time Commissioner Gort brings up something for a tax credit or
Commissioner Plummer does, what he did for the Miramar and all of that, we are going to shut all of this
down because we are not going to have two rules here. One for the non -Black Commissioners, since race
is an issue now, and one for the Black Commissioner. And, I am going to tell you right up front. You
cannot properly expend any monies until there has been a public hearing from CDBG (Community
Development Block Grant), unless there has been a hearing. This has nothing to do with the requirement
of staff to go back now and have a hearing on all of the monies that have been utilized. This expresses
the in... the support of the Commission to utilize these funds in this manner. When we approved the
funds for Basic Training initially, it was not in a public hearing. It was not in a public hearing. Initially,
213 September 28, 1998
we came back and in a public hearing approved the funds. Now, it's very simple. The building that the
City was going to give Basic Training has, is basically recommended by the City staff that it not be
utilized for a number of reasons which I support. They have identified a subsequent building that will
require the acquisition. These are the funds to do the acquisition and the renovation. The Miami -Heat
organization has been waiting on the City to act now for over two months in a commitment to expedite
the construction and move forward.
Vice Chairman Plummer: The motion is moved by Teele, seconded by the Chair. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot. The City Attorney represents that
he needs the following items. Item... follow me quickly.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.98-933
A RESOLUTION AUTHORIZING THE REALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF
$300,000.00, TO THE GREATER MIAMI NEIGHBORHOOD ASSOCIATION
("GRANTEE"), AS TRUSTEE FOR BASIC TRAINING ACADEMY, POWER,
FAITH & DELIVERANCE MINISTRIES FOR THE PURPOSE OF
ACQUIRING THE PROPERTY LOCATED AT 420 NORTHWEST LOTH
STREET, MIAMI, FLORIDA, FOR USE BY THE BASIC TRAINING
ACADEMY ("SUBRECIPIENT") FOR THEIR REHABILITATION AND
TEMPORARY HOUSING OF INDIGENT YOUTH AND ADULTS;
FURTHER AUTHORIZING SAID GRANTEE AND SUBRECIPIENT TO
SOLICIT AND RECEIVE IN -KIND PRIVATE CONTRIBUTIONS TO
ACQUIRE, REHABILITATE AND OPERATE THE SUBJECT PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mr. Warshaw: Excuse me, Commissioner. Excuse me.
Vice Chairman Plummer: Sir.
214 September 28, 1998
Ms. Warren: Mr. Chair, Mr. Chair.
Mr. Warshaw: There is an issue here still.
Ms. Warren: Again, for the record, I think that it's an excellent concept. But, the original allocation of
the monies were for the purposes of repairing a building that we are no longer intending to repair, we are
now talking about acquiring property.
Vice Chairman Plummer: Ms. Warren.
Ms. Warren: Just for the record, we are acquiring property and we are increasing the amount by one
hundred thousand. I think we need to do a public notice. That's for the record.
Mr. Vilarello: Commissioner.
Vice Chairman Plummer: Excuse me. If you find that what has been suggested is not proper, you will
bring it back to this Commission. It's just that simple.
Ms. Warren: OK.
Commissioner Teele: But, Mr. Manager, and Mr. Chairman, all of these actions require a public hearing.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: You cannot... We cannot administratively move money from category to category
or within categories without a public hearing.
Vice Chairman Plummer: Is this...
Commissioner Teele: And, we have always. I can pull... I can pull 20 resolutions since I have sat here
that this Commission has approved in principle by resolution without a public hearing, the expenditure of
funds subject... and the Manager brings it back. J.L., a classic example was the 108 on the Miramar, of
the CD (Community Development) float on the Miramar...
Vice Chairman Plummer: What is the Miramar?
Commissioner Teele: ... which we subsequently brought back. Another is on tax credit funds which we
subsequently bring back. I don't know why the rules are changing.
Vice Chairman Plummer: I don't either.
Commissioner Gort: Question.
Vice Chairman Plummer: Yes, sir. Mr. Gort.
Commissioner Gort: My understanding in reading the... there is a request for twelve thousand five
hundred, twenty-five thousand and two hundred. I don't see three hundred thousand in here.
215 September 28, 1998
Mr. Vilarello: The resolution that was handed out subsequent, it is not in the package is for three hundred
thousand dollars ($300,000).
Commissioner Gort: It is in the resolution then?
Mr. Warshaw: Correct. We just got it.
Commissioner Gort: OK.
Vice Chairman Plummer: I never saw it. How come I didn't get a copy?
56, APPROVE SETTLEMENT: KATHLEEN/ROBER NELSON AND MARQUITA RUTHERFORD
FOR. $75,000 — CASE 96-17775 (CA-8) 98-11461 (CA-1) 98-11462; (CA-13) — ALLOCATE FUNDS
FROM SELF INSURANCE AND INSURANCE TRUST FUND.
Vice Chairman Plummer: OK, the City Attorney is time sensitive on the following items and I am going
to jump quickly. The first one is item 32. Is there a motion? It's a settlement.
Commissioner Regalado: Thirty-two, move it.
Vice Chairman Plummer: Moved by Regalado, seconded by... Thirty-two. Second time, is there a
second?
Commissioner Teele: I second the motion regarding the limita... Is that the limitation about the parks
issue?
Vice Chairman Plummer: No, this is seventy-five thousand dollars($75,000) settlement.
Mr. Alejandro Vilarello (City Attorney): No, this is the Nelson matter which involved the automobile
accident involving one of our police officers.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: OK. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
216 September 28, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION 98-934
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
KATHLEEN NELSON, ROBERT NELSON, ROBERT NELSON, JR. AND
MARQUITA RUTHERFORD, PLAINTIFFS, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $75,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY,
CASE NOS. 96-17775 (CA 98), 98-11461 (CA 01), AND 98-11462 (CA 13),
UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 515001.424401.6.651.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
57. APPROVE ATTORNEY'S FEES FOR DONNA BALLMAN I STEPHEN CODY I NATHANIEL
WILCOX PURSUANT TO CASE 96-3327-CIV-KING-PULSE PEOPLE UNITED TO LEAD
STRUGGLE FOR EQUALITY -- ALLOCATE $111,388.75 PLUS COSTS FOR $744.15 FROM SELF-
INSURANCE AND INSURANCE TRUST FUND.
Vice Chairman Plummer: Item 32. Thirty-four is the next item the City Attorney must have. It is also
another settlement.
Mr. Alejandro Vilarello (City Attorney): No, no this is not a settlement.
Commissioner Regalado: Bedminster. The Bedminster.
Vice Chairman Plummer: It is not a settlement.
Mr. Vilarello: This is an order imposing an award of attorneys fees against the City of Miami in relation
to the PULSE versus the City of Miami.
Commissioner Regalado: Oh.
217 September 28, 1998
Vice Chairman Plummer: Item 34.
Commissioner Regalado: Well, that's not... Oh, 34.
Vice Chairman Plummer: That's in reference to, to pay the...
Commissioner Regalado: Oh, oh, OK. This is it.
Commissioner Teele: Is that pursuant to a judicial order?
Mr. Vilarello: That's pursuant to a judicial order.
Commissioner Teele: So moved.
Commissioner Regalado: Second.
Vice Chairman Plummer: Do I have to vote on that? I mean, is that mandatory?
Mr. Vilarello: Commissioner, as I understand it, it has been a practice when an order is imposed by a
court either through a verdict that it comes before the City Commission. Those orders don't need the
approval of the City Commission. We are required and obligated...
Vice Chairman Plummer: Then, I am not going to vote on it, period.
Mr. Vilarello: However, this practice of this Commission has been to bring those items before you and...
Commissioner Teele: Commissioner, I would ask... I moved it. If you don't.... If you want to vote
"no" fine, if you want to absent yourself...
Vice Chairman Plummer: Well, I am asking, can I vote "no," OK.
Commissioner Teele: Yeah, you can vote...
Vice Chairman Plummer: I don't think that they did that kind of work. The amount of one hundred and
what is it? One hundred and eleven thousand dollars ($111,000). She made two appearances here and
went and objected to one. I mean, I think that those fees are totally out of the question. OK, I can vote
"no," I guess. If I can I will. Item 34, is there a motion to approve?
Commissioner Teele: Roll call vote requested, Mr. Chairman.
Vice Chairman Plummer: Yes, sir. Very definitely.
COMMENTS MADE DURING ROLL CALL:
Mr. Walter Foeman (City Clerk): Commissioner Teele.
Commissioner Teele: Yes.
Mr. Foeman: Commissioner Regalado.
218 September 28, 1998
Commissioner Regalado: I vote "yes" but I want to just ask if this has to be approved by the Oversight
Board.
Commissioner Teele: Yes.
Vice Chairman Plummer: Oh, I am sure it does.
Mr. Vilarello: All of these items do go to the Oversight Board.
Commissioner Regalado: No, no.
Mr. Foeman: Continuing roll call, Commissioner Sanchez.
Commissioner Regalado: Excuse me, excuse me, excuse me.
Vice Chairman Plummer: Well, wait, wait. Mr. Regalado asked a question of the City Attorney. Mr.
City Attorney.
Mr. Vilarello: This item will be forwarded to the Oversight Board for approval.
Commissioner Regalado: But it is a court mandate. So what are they going to do?
Mr. Vilarello: Under the same circumstances that I have advised you that this Commission as a matter of
practice has voted on court mandates before.
Commissioner Regalado: I just want to be on the record that...
Vice Chairman Plummer: The answer is, it's going there.
Commissioner Regalado: OK.
Vice Chairman Plummer: All right?
Commissioner Regalado: Yes.
Vice Chairman Plummer: Continue the roll call.
Mr. Foeman: It's a two -two tie. It's defeated. Next item, 34-A.
Commissioner Sanchez: No.
Mr. Foeman: Vice Chairman Plummer.
Vice Chairman Plummer: No.
Commissioner Teele: Mr. Chairman, Commissioner Gort is here and I would ask that the...
Vice Chairman Plummer: Is he here? Oh, I am sorry.
Mr. Mariano Cruz: What about the public? No input from the public.
219 September 28, 1998
Vice Chairman Plummer: Mr. Gort. Mr. Gort, it's in your hands of a two -two tie in reference to the
award to PULSE of one hundred and eleven thousand dollars ($111,000).
Commissioner Teele: Pursuant to a court order.
Vice Chairman Plummer: Pursuant to a court...
Mr. Cruz: Since this is my money, can I say something?
Vice Chairman Plummer: Sir, I am not talking to you. Your name is not Gort even though you wish it
was when you ran against him. Mr. Gort.
Commissioner Gort: Are you talking about the court order?
Vice Chairman Plummer: We are talking about...
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: ... a court order. OK, Mr. Vote. Mr. Gort, cast your vote.
Commissioner Gort: Yes.
Vice Chairman Plummer The matter passes three to two.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION 98-935
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ATTORNEY'S FEES IN A TOTAL AMOUNT OF $111,388.75, PLUS COSTS
IN THE AMOUNT OF $744.15, AND APPLICABLE INTEREST, AWARDED
TO DONNA M. BALLMAN, ESQ., P.A. ($93,662.50), STEPHEN M. CODY,
ESQ. ($13,320.00), AND NATHANIEL WILCOX ($4,406.25), IN FULL AND
COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS
AND JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO A
JUDGMENT ORDERED BY JUDGE BARRY L. GARBER, IN CASE NO. 96-
3327-CIV-KING, IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, PULSE (PEOPLE UNITED TO LEAD
THE STRUGGLE FOR EQUALITY, INC.), ET AL V. CITY OF MIAMI, ET
AL, ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.424401.6.661,
FOR SAID PAYMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
220 September 28, 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.
NAYS: Commissioner Joe Sanchez
Vice Chairman J. L. Plummer, Jr.
ABSENT: None.
58. AUTHORIZE ENGAGING DAVIS WEBER & EDWARDS LAW 'FIRM — FOR CITY'S'
REPRESENTATION IN CASE OF BEDMINSTER. SEACOR SERVICES (CASE 98-20458' CA 32) —
ALLOCATE $25000 FROM SELF-INSURANCE AND INSURANCE TRUST FUND - DIRECT CITY'
MANAGER TO HAVE EXPERT BRIEF CITY COMMISSION IN CONNECTION WITH
BEDMINSTER LAWSUIT.
Vice Chairman Plummer: All right, 34-A. This is to hire a law firm for Bedminster.
Commissioner Teele: Move the item.
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Teele: Move the item.
Vice Chairman Plummer: It's moved by Commissioner Teele. Seconded by the Chair. Is there any
further discussion?
Commissioner Teele: Mr. Chairman, two points.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: We have been sued. We have to have a lawyer.
Commissioner Regalado: Right.
Commissioner Teele: I mean, no matter how you feel about this contract, we have to have a lawyer. I
would also ask that the City Attorney in either public or closed meetings, if this matter passes, to have an
expert to come in and brief us on the dispute. Because I really don't understand what the dispute is, the
position that the Budget and Management Office has taken and the position... I mean, I have read about it
in the press. I don't understand the issue, and I would really like to be more informed.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: You know, we are constantly getting sued here. Every time that we get one of
these settlements, I mean...
221 September 28, 1998
Vice Chairman Plummer: Well, let me ask a question, if I may?
Commissioner Sanchez: No, wait, wait. Hold on, I am not done. Wait, I am not done.
Vice Chairman Plummer: All right.
Commissioner Sanchez: You know, I have had an opportunity to sit down with our legal adviser and
basically with all the lawsuits that we are getting, I mean we should try if possible, which I don't think
that this would be in -kind, in-house, but I mean, we should to keep as much of the expenses of our
attorneys in-house, unless we start hiring good attorneys, you know we are spending a lot of money on
outside attorneys.
Vice Chairman Plummer: All right.
Commissioner Sanchez: And, this is, I mean, this is going to drag on. This is a nightmare.
Vice Chairman Plummer: All right.
Commissioner Sanchez: It's along with the other losses that drag on forever costing the City millions of
dollars.
Vice Chairman Plummer: Mr. City Attorney. As I read an article which I don't necessarily put full faith
and credit in, this company has recommended that in one of top six CPA (Certified Public Accountants)
firms be chosen to do an independent audit. Am I correct? Did you read that?
Mr. Alejandro Vilarello (City Attorney): I...
Commissioner Regalado: The offered to pay... The offered to pay...
Vice Chairman Plummer: When did you become the City Attorney?
Commissioner Regalado: No, but I am just saying that because I sent a memo to the Manager.
Vice Chairman Plummer: I understand. My question is...
Mr. Vilarello: Commissioner...
Vice Chairman Plummer: ... if they are willing to pay for the audit, and they are proven wrong, they have
indicated they will walk. OK, now, has anybody in the administration followed up to say, I read the
article and I think there is merit in it, and let's do it?
Mr. Vilarello: Commissioner, this item has been discussed in The Miami Herald several times. It is
pending litigation and the adminis... I have written to them a letter indicating to them that if they can
provide us information which leads to a favorable agreement with the City that the Manager would
entertain any such negotiations and discussions.
Vice Chairman Plummer: That still not answers my question. My question is...
Commissioner Regalado: Yeah, but excuse me.
222 September 28, 1998
Mr. Vilarello: That's part of..
Vice Chairman Plummer: My question is, they have agreed to an independent audit by anyone of the big
six, at their expense. If they are right, they are right. But more so, they said if they were wrong, they
would walk. Now, why hasn't...
Mr. Vilarello: Commissioner, certainly we will...
Commissioner Regalado: And then we win. And then we win in court.
Vice Chairman Plummer: I mean, are we... are we sue happy around here?
Mr. Vilarello: Could...
Vice Chairman Plummer: If we can avoid a lawsuit... They only file a lawsuit, my understanding is
because they couldn't get the City to act or to give them the information that was necessary.
Mr. Vilarello: Commissioner, unfortunately, I don't want to comment on their comments to The Miami
Herald. We have offered an opportunity for them to sit down and discuss that with us. They have not
made that offer to us.
Commissioner Regalado: But excuse me.
Mr. Vilarello: And, I don't... I don't recommend that we comment on what is quoted in The Miami
Herald.
Vice Chairman Plummer: Why in God's name don't you go ask them the question.
Commissioner Regalado: But it's a totally, it's a totally...
Mr. Vilarello: I have, Commissioner.
Commissioner Regalado: It's a totally different issue. We are not commenting about the case or the
litigation. We are just asking, as I did ask to the Manager...
Vice Chairman Plummer: Jesus Christ.
Commissioner Regalado: ... and I ask you. If it's possible, parallel to the legal problem to accept the
offer, and that's it.
Vice Chairman Plummer: All right. What we are talking about here is the attorney, to hire the attorney.
Is there a motion to hire for twenty-five thousand dollars ($25,000)? Is there a motion?
Commissioner Sanchez: For twenty-five thousand dollars ($25,000)?
Vice Chairman Plummer: Yes.
Commissioner Sanchez: I'll move it.
223 September 28, 1998
Vice Chairman Plummer: Moved. Is there a second to hire an attorney? The Chair will second the
motion. We have got to have a defense, all right. All in favor say "aye."
Commissioner Gort: Question. Discussion.
Vice Chairman Plummer: Discussion.
Commissioner Gort: My understanding is, after you get served with the lawsuit, you have "X" amount
of time to answer, am I correct?
Mr. Vilarello: Yes, yes.
Commissioner Gort: How long do we have?
Mr. Vilarello: The 20 days, I believe ran sometime last week. We have asked for an extension through
October.
Commissioner Gort: OK, but...
Mr. Vilarello: But the reason I had to retain counsel immediately was they set-up an emergency
hearing...
Commissioner Gort: All right.
Mr. Vilarello: ... before Judge Smith.
Commissioner Gort: I'll vote in favor on this one, but I think the... We have the right, and I think you
should try to talk to them, and if they are willing to walk, if they are proven wrong... Because, let me tell
you what it is. We inherited this, and we continue to hear to different numbers from everybody. And,
numbers were stated there a year ago, and then they were changed. So, we need to... If the court has to
do it, or we have to do it ourselves, we need to get the truth of the numbers on this thing.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
224 September 28, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION 98-936
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE
THE LAW FIRM OF DAVIS WEBER & EDWARDS FOR THE
REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF
BEDMINSTER SEACOR SERVICES V. THE CITY OF MIAMI, CASE NO.
98-20458 CA 32 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT, IN AN AMOUNT NOT TO EXCEED $25,000 AT A BLENDED
RATE OF $150.00 PER HOUR, PLUS COSTS TO BE APPROVED BY THE
CITY ATTORNEY; ALLOCATING FUNDS THEREFOR FROM THE CITY
OF MIAMI SELF-INSURANCE AD INSURANCE TRUST FUND, INDEX
CODE NO. 515001.424401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: I am sorry. I am sorry. "Boom -Boom" quickly.
Mr. Manuel Gonzalez-Goenaga: We must realize that what is involved here on the long term are millions
and millions of dollars.
Vice Chairman Plummer: Yes, sir.
Mr. Gonzalez-Goenaga: And, also friends of some Commissioners and strong lobbyists. Let's have
transparency in government. I hope you get the message.
Vice Chairman Plummer: I am sure they do. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Anybody wish to be recorded negative? Show unanimous.
225 September 28, 1998
Commissioner Regalado: One, one brief question. When are we going to have a response, Mr. Manager,
regarding if you would accept their offer for an independent audit that you will, you will select, not them,
you?
Mr. Vilarello: Commissioner, if I might, because this is in pending litigation, I would like to discuss
with the Manager...
Commissioner Regalado: OK.
Mr. Vilarello:... and provide a response to your individually.
Commissioner Regalado: OK, fair enough.
Vice Chairman Plummer: OK, the final item of the night that I am taking up is, PZ-2. It's a non-
controversial item. It is a resolution. PZ (Planning and Zoning)...
Commissioner Sanchez: How about?
Commissioner Gort: How about 39?
Vice Chairman Plummer: I'll finish 39 when the Manager tells me he and the City Attorney have had
their little prayer meeting. We'll talk about that in a minute. All right, item PZ-2, is there a motion?
Commissioner Sanchez: What is it?
Vice Chairman Plummer: Hello?
Commissioner Regalado: Wait, wait, wait.
Vice Chairman Plummer: PZ-2. It is recommended by the administration and by the City Manager.
Commissioner Teele: I would so move.
Vice Chairman Plummer: Moved by Teele, seconded by Gort. All in favor say "aye."
Commissioner Regalado: What is PZ-2?
Vice Chairman Plummer: Hello?
Commissioner Sanchez: What's PZ-2?
Ms. Lourdes Slazyk (Director, Planning & Development): PZ-2 is an amendment to DRI (Development
of Regional Impact).
Vice Chairman Plummer: All right, no negative vote.
226 September 28, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.98-937
A RESOLUTION WITH ATTACHMENTS, AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 79-396,
ADOPTED MAY 24, 1979, AS AMENDED BY RESOLUTION NOS. 80-707,
86-828, AND 90-911, ALL ATTACHED), FOR THE BALL POINT,
PROJECTED, LOCATED AT APPROXIMATELY 100 CHOPIN PLAZA AND
APPROXIMATELY 201-399 S. BISCAYNE BOULEVARD, A
DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION
380.06, FLORIDA STATUTES, BY AMENDING THE DEVELOPMENT
ORDER TO REMOVE THE SOUTHERN APPROXIMATELY 3.01 ACRES;
FINDING THAT SAID CHANGES DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION; MAKING ADDITIONAL FINDINGS;
INSTRUCTING TRANSMITTAL OF COPIES OF THIS RESOLUTION TO
AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
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: All right, I would ask since I was the stumbling block this morning, on regular
item number two relating to Motorola. I would ask that that matter be approved subject to my having the
ability before the next Commission meeting, if I find to the contrary, best interest to the City that I have
the right to schedule it for the next agenda. And, I would so move it under those circumstances at this
time...
Commissioner Sanchez: Second.
Vice Chairman Plummer: ... if my Commission agrees.
Commissioner Sanchez: Second.
227 September 28, 1998
Vice Chairman Plummer: All right. Is that a resolution, item two, or an ordinance?
Commissioner Sanchez: A resolution.
Unidentified Speaker: It's a resolution.
Vice Chairman Plummer: All right, under those circumstances, then all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it that way.
The following motion and resolution were introduced by Commissioner Plummer, who moved their
adoption:
MOTION NO. 98-938
A MOTION TO RECONSIDER PRIOR VOTE ON MOTION 98-886
(DEFERRAL OF PROPOSED PURCHASE OF MOTOROLA ZTS 3000
DIGITAL PORTABLE RADIOS).
RESOLUTION 938.1
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES
AND APPROVING THE PURCHASE OF MOTOROLA ZTS 3000 DIGITAL
PORTABLE RADIOS WITH ACCESSORIES FROM MOTOROLA, INC.,
THE SOLE SOURCE PROVIDER OF THIS EQUIPMENT, FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED
$195,439.50; ALLOCATING FUNDS THEREFOR FROM THE LOCAL LAW
ENFORCEMENT BLOCK GRANT, ACCOUNT CODE NO.
00100.290307.6,840 ($82,755.18) AND FROM THE CAPITAL
IMPROVEMENT PROGRAM, PROJECT NO. 312028 ($112,684.32).
(Here follows bodies of motion and resolution, omitted here and on file in the Office of the City
Clerk.)
228 September 28, 1998
Upon being seconded by Commissioner Sanchez, the motion and resolution were 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.
Mr. Donald H. Warshaw (City Manager): Commissioner, I am told you need to take some action on the
other PZ (Planning and Zoning) items to avoid any...
Vice Chairman Plummer: All right, items PZ three through...
Ms. Lourdes Slazyk (Director, Planning Department): We needs PZ one, three, four, six, seven...
Vice Chairman Plummer: One has already been deferred...
Mr. Joel Maxwell (Deputy City Attorney): You need to do it again.
Vice Chairman Plummer: Two has been taken care of.
Ms. Slazyk: You didn't take a vote.
Mr. Maxwell: Include one in your continuance for this one as well.
Ms. Slazyk: If you do...
Vice Chairman Plummer: All right, all but item two continued to the next meeting of October 27th, the
next zoning agenda.
Ms. Slazyk: Correct. And, except for PZ five, we need on October 13th.
229 September 28, 1998
Vice Chairman Plummer: Well, I have no problem with that. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Who moved it? Regalado moved it, Sanchez seconded it. And, it in fact,
passed unanimously.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-939
A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING
ITEMS TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
OCTOBER 27, 1998:
PZ-3 (PROPOSED COMPREHENSIVE NEIGHBORHOOD PLAN CHANGE
AT 1975 N.W. 12 AVENUE - PROPERTY MAINTENANCE SITE):
PZ-4 (PROPOSED ZONING CHANGE AT 1975 N.W. 12 AVENUE -
PROPERTY MAINTENANCE SITE):
PZ-6 (PROPOSED MODIFICATION OF MINIMUM YARD
REQUIREMENTS IN ZONING CODE);
PZ-7 (PROPOSED PERMIT FOR GENERAL OFFICE US IN EXISTING
OFFICE STRUCTURES WITHIN SD-4 ZONING DISTRICT);
PZ-8 (PROPOSED COCONUT GROVE PLANNING STUDY);
FURTHER CONTINUING CONSIDERATION OF PZ-5 (PROPOSED
AMENDMENT TO ZONING CODE TO INCLUDE ADJACENT G/I
DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND
WILLIAM AVENUE IN COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT), TO THE COMMISSION MEETING SCHEDULED FOR
OCTOBER 13, 1998.
Upon being seconded by Commissioner Sanchez, 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.
230 September 28, 1998
Vice Chairman Plummer: Now, except for pocket items of the...
Commissioner Regalado: OK, I have...
Vice Chairman Plummer: Excuse me. Except for pocket items of the City Commission, everything else
is concluded, except the item relating to the EMS (Emergency Medical Services), all right. So, don't
anybody be misled. Now, Mr. City Attorney...
Mr. Rafael O. Diaz (Deputy City Attorney): Yes, sir.
Vice Chairman Plummer: ... in your wisdom you are going to come back with great decisions of
Solomon of how to resolve this issue peacefully.
Ms. Marva Wiley (Special Assistant to the City Manager): Well, having spoken to the City Attorney, we
have determined that the best way to proceed is to deal with the protest first, with the Commission
approving the rejection of the protest and deal separately with the rankings proposed by the Manager and
throw out the RFP (Request for Proposal) completely. We don't believe those items to be in con... those
approaches to be in conflict.
Vice Chairman Plummer: Wait a minute, you are saying to accept both... to accept both... to accept the
rejections.
Ms. Wiley: Right.
Vice Chairman Plummer: And then, on item 29...
Ms. Wiley: `B."
Vice Chairman Plummer: ... throw out the RFP?
Ms. Wiley: And, use the pool of the three vendors who have qualified to do a competitive negotiation
from which we would select...
Vice Chairman Plummer: Well, let's understand from what I didn't understand this morning. That is, in
the indication of the Chief s comments to me, we were not in fact going to resolve this issue completely
tonight. It was to choose one of the firms to negotiate the price which he indicated that one that was
recommended that their price was really out of the question and too high, that they were going to have to
reduce their price or he wasn't going to recommend them.
231 September 28, 1998
Ms. Wiley: That's an option as well.
Vice Chairman Plummer: I am sorry.
Commissioner Sanchez: Well, that's a good option.
Ms. Wiley: That is an option. You can do that as well.
Vice Chairman Plummer: Well, are we saying A, B, and C as we have the old theory that if you can't
deal with A they go to B, or do we have one against the other? I, hey, I am asking.
Ms. Wiley: Pursuant to the proposal, we would have to deal with them in rank order.
Mr. Diaz: If I may, Commissioner? The reason for pursuing the options the way we set them out is that
by throwing out all the responses to the RFP, which you always have the right to do, right up until the
time you approve it, you do away with all this peripheral issues that have been raised. And, you have no
issue of anybody suing at this point, hopefully because you do away... You always have the right to
throw out all the responses. Once you do that, then you can go into competitive negotiations which
essentially, according to the code puts you exactly where you are right now, anyway. But, you do it with
all three firms on equal footing.
Vice Chairman Plummer: Hell of a way to run an airline. Commissioners, what is your pleasure?
Commissioners, for the second time, what is your pleasure?
Commissioner Gort: I got a problem in rejecting or...
Vice Chairman Plummer: All right, Mr. Gort has a problem in rejecting.
Commissioner Gort: ... accepting the appeal. Personally, because that's going to happen with every
system that we have. I mean, every time you... all the losers are always going to appeal the decision, and
then if we don't have in the system then let's change it.
Vice Chairman Plummer: The losers cry "deal."
Commissioner Gort: I mean, if we are going to do this, then let's not have any committees and let's do
all the judging ourselves.
Mr. Wiley: Mr. Commissioner...
Vice Chairman Plummer: We do eventually, anyhow.
Commissioner Gort:... I mean, let's do away with committees then, and... because we have been doing
this for the last two or three times.
Vice Chairman Plummer: Again, what is the wish of the Commission? Everybody wants to die, but
nobody... Steve, are you listening?
Commissioner Gort: I'll be the bad guy and I'll apologize it, but I will reject the appeal.
Vice Chairman Plummer: On...
232 September 28, 1998
Commissioner Gort: I move to reject the appeal.
Vice Chairman Plummer: OK, that's the first one.
Commissioner Gort: Right.
Vice Chairman Plummer: Is there a second? One time. Is there a second?
Commissioner Regalado: Excuse me, which one is the first?
Vice Chairman Plummer: Two times. Twenty-nine. Is there a second? Three times.
Commissioner Gort: It's gone.
Vice Chairman Plummer: The motion is dead.
Commissioner Gort: OK.
Vice Chairman Plummer: Is there another motion on the floor? I'll ask a second time. Is there a motion
on the floor? I will ask for the third and final time, is there a motion on the floor? Item 29 is a dead
issue.
Commissioner Regalado: OK.
Vice Chairman Plummer: Item 29-A. Am I correct, 29-A?
Ms. Wiley: Yes.
Commissioner Gort: OK, excuse me.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I need to ask our attorneys then, if we do not take a decision on this, what happens
then?
Vice Chairman Plummer: It's a dead issue.
Commissioner Gort: Uh-uh.
Ms. Wiley: The code...
Commissioner Gort: No, no, wait a minute.
Commissioner Regalado: No.
Commissioner Teele: It carries over.
Commissioner Sanchez: It carries over.
233 September 28, 1998
Commissioner Gort: I am not an attorney, but...
Commissioner Regalado: No.
Commissioner Teele: It carries over.
Vice Chairman Plummer: Well, I'll tell you, I'm about ready to make a motion. You ready? Throw out
the whole damn thing.
Commissioner Gort: No, you can't.
Vice Chairman Plummer: Don't tell me I can't.
Commissioner Gort: Oh, yeah.
Vice Chairman Plummer: Tell me you don't want me to.
Commissioner Gort: I don't want you to.
Vice Chairman Plummer: Well, that's a different story. I mean, this is about the third time this takes
place guys, we have got to get going.
Vice Chairman Plummer: Hey, listen, do you hear any motions being made that passed? I don't.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I move the matter be deferred to the next meeting.
Vice Chairman Plummer: The matter is now deferred. Is there a second? One time. Is there a second?
Two times.
Commissioner Regalado: Excuse me.
Vice Chairman Plummer:
Is there a... You are out of order, unless I get a second.
Commissioner Regalado:
I'll second. I'll second it for the purpose.
Vice Chairman Plummer:
Second. For discussion, Mr. Regalado.
Commissioner Regalado:
OK, before the next meeting, I think that...
Vice Chairman Plummer:
Speak to the deferment.
Commissioner Regalado:
Yeah, the Commission....
Vice Chairman Plummer:
Yes, or no?
Commissioner Regalado:
Yeah, yeah, I move to defer.
234 September 28, 1998
Vice Chairman Plummer: OK, OK.
Commissioner Regalado: But before the next meeting, the Comm... at least, myself would like to be
informed about some of the legal problems that have been talked about here, and the way that the
selection committee works and to so called "ten points." I know that in the selection committee there
were persons very well respected and I don't have any doubt whatsoever of the way they conduct it, but I
do like to know more about that process.
Vice Chairman Plummer: All right, so then the matter as it stands now is to be deferred until October the
13th. That would item 29, 29-A, and 29-B. Is that understood?
Commissioner Regalado: Yeah, yeah. That's...
Vice Chairman Plummer: Call the roll.
Commissioner Teele: This is on the deferment?
Mr. Walter J. Foeman (City Clerk) Yes.
Commissioner Regalado: Yeah.
Vice Chairman Plummer: On the three items, the two rejections and the award.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-940
A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING
AGENDA ITEMS TO THE OCTOBER 13, 1998 COMMISSION MEETING:
ITEM 29 (PROPOSED REJECTION OF PROTEST FILED BY MEDAPHIS,
INC. IN CONNECTION WITH RFPs FOR EMERGENCY MEDICAL
TRANSPORT BILLING/COLLECTION SERVICES);
ITEM 29-A (PROPOSED REJECTION OF PROTEST FILED B ADVANCED
DATA PROCESSING, INC. IN CONNECTION WITH RFPs FOR
EMERGENCY MEDICAL TRANSPORT BILLING/COLLECTION
SERVICES);
ITEM 29-B (PROPOSED APPROVAL OF FINDINGS OF EVALUATION
COMMITTEE FOR PROVISION OF EMERGENCY MEDICAL TRANSPORT
BILLING/COLLECTION SERVICES).
235 September 28, 1998
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: Commissioner Wifredo Gort
ABSENT: None.
Vice Chairman Plummer: OK, we are now going to go to pocket items. Mr. Regalado.
Commissioner Regalado: Yes, Mr. Vice Chairman. I have here two pocket items that have been
approved by Public Works, by the City Attorney.
Commissioner Gort: Barreiro. Excuse me, I would like to recognize Commissioner Bruno Barreiro. I
wish he would have been here a little before so he could hear some of the help that we need at the
County. So, welcome.
Commissioner Regalado: Commissioner, Commissioner Barreiro, I will tell you something about
Commissioner Barreiro. We called him when the County closed, I think it was on Wednesday night or
Thursday. Wednesday when the County closed the dump and Commissioner Barreiro did a lot phone
calls and we really appreciate what he's done for the City. We were in the street and we called him, and I
thank you, Commissioner. Mr. Vice Chairman...
Commissioner Sanchez: How many...? How many pocket items do you have?
Vice Chairman Plummer: Wait a minute, Bruno, would you like to have a word? Please, please, give us
a little peace, calm, and tranquillity and as our, our...
Commissioner Regalado: Tell us that the County is behind us.
Vice Chairman Plummer: Yeah, a little bit of love.
Commissioner Gort: The County is going to give us ten million dollars ($10,000,000)
Vice Chairman Plummer: It's nice to have you here.
Mr. Bruno Barreiro: Thank you.
Commissioner Sanchez: Where is our money?
Mr. Bruno Barreiro: Commissioners, it's a pleasure to be here. I just wanted to come by and say hello.
As always where the County... help, try to help out if we can, anything, please let us know. We will try.
236 September 28, 1998
Vice Chairman Plummer: You know, I wish more County Commissioners would take that opportunity
just to come here and see what's going on. I commend you for it.
Mr. Barreiro: Thank you.
Commissioner Regalado: Thank you, Bruno.
Vice Chairman Plummer: Thank you. All right.
Commissioner Sanchez: Don't leave. Don't leave.
Vice Chairman Plummer: All right, Regalado, pocket items.
Commissioner Regalado: I have one. On September 9th, I informed the administration that Coury
Investment has approached my office to donate a sound attenuation wall to the City that would protect
the residential properties to the North of 2501 Coral Way from noise and provide privacy from
commercial activity in Coral Way. I request that my fellow members of the City Commission accept the
gift to the City and direct the City Attorney to prepare the necessary legal documents in a form acceptable
to the City Attorney. What this does, is... You all seen the new Blockbuster on Coral Way and 25th.
Vice Chairman Plummer: Yep.
Commissioner Regalado: The wall behind the alley is completely destroyed, and they want to build
another wall.
Vice Chairman Plummer: Public Works seen it?
Mr. Jim Kay (Director, Public Works): Yes, sir.
Vice Chairman Plummer: You are in concurrence?
Mr. Kay: Yes, sir.
Vice Chairman Plummer: You move it? Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
237 September 28, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.98-941
A RESOLUTION ACCEPTING A DONATION FROM COURY
INVESTMENT CONSISTING OF THE CONSTRUCTION AND
MAINTENANCE OF A TEMPORARY EIGHT (8) FOOT HIGH PRECAST
CONCRETE SOUND ATTENTUATION FENCE TO BE ERECTED AT A
ONE FOOT OFFSET FROM THE NORTHERLY RIGHT-OF-WAY LINE OF
THE PUBLIC ALLEY ADJACENT TO AND ABUTTING 2501 S.W. 22ND
STREET, MIAMI, FLORIDA, AT NO COST TO THE CITY; SETTING
FORTH OTHER CONDITIONS AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
65. APPROVE l ACCEPT COVENANT FROM LARRY PERL — FOR CONSTRUCTING OFF -SITE
IMPROVEMENTS WITHIN PUBLIC -RIGHT -OF WAY ADJACENT TO PERL SUBDIVISION
FURTHER AUTHORIZE MANAGER TO EXECUTE UNIVERSAL NATIONAL BANK $9000
LETTER OF CREDIT FOR PERFORMANCE OF TERMS.
Vice Chairman Plummer: Any other?
Commissioner Regalado: Yes.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: And, the next one is...
Vice Chairman Plummer: Even though you are only allowed one.
Commissioner Regalado: I am sorry.
Vice Chairman Plummer: Go ahead.
Commissioner Regalado: You said that I could do both. This... It also had to do with Public Works.
It's accepting a covenant to run with the land. I have the resolution here and it just a matter of the City
238 September 28, 1998
Commission approving this resolution. Public Works has worked on this resolution. No money is
involved in terms of the City.
Vice Chairman Plummer: Do we have copies of it?
Commissioner Regalado: Oh, yeah, absolutely. I have it here.
Vice Chairman Plummer: And, I don't even know where you are talking about.
Commissioner Regalado: It's...
Mr. Jim Kay (Director, Public Works): Commissioner, if I may, just to speed things up. This is at the
request of the applicant for a plat that was approved by the City Perl subdivision several years ago. He
posted a letter of credit in the amount of nine thousand dollars ($9,000) as a guarantee for the off -site
improvements. He wants to covert that instead of maintaining this letter of credit, he wants to convert
that to a covenant, and we don't have any objection to that.
Vice Chairman Plummer: You object, you are in concurrence?
Mr. Kay: Yes, sir.
Vice Chairman Plummer: Motion made by Regalado. It has no financial impact. Is there a second?
Commissioner Sanchez: Yes, it does, nine thousand dollars ($9,000).
Vice Chairman Plummer: Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: Second.
Vice Chairman Plummer: Seconded by Mr. Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
239 September 28, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.98-942
A RESOLUTION, WITH ATTACHMENT, APPROVING AND ACCEPTING
A COVENANT TO RUN WITH THE LAND, ATTACHED HERETO AND
MADE A PART OF HEREOF, PROFFERED BY LARRY PERL, OWNER OF
LOTS 1 AND 2 OF BLOCK 1 OF PERL SUBDIVISION, AS RECORDED IN
PLAT BOOK 144, AT PAGE 10, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, AS GUARANTEE FOR THE PERFORMANCE
OF THE TERMS OF AN AGREEMENT ENTERED INTO BETWEEN THE
CITY OF MIAMI AND LARRY PERL, DATED JUNE 18, 1993, FOR THE
PURPOSE OF CONSTRUCTING CERTAIN RIGHT-OF-WAY ADJACENT
TO THE ABOVE DESCRIBED PROPERTY; FURTHER AUTHORIZING
THE CITY MANAGER TO RELEASE LETTER OF CREDIT NO. SB-UNIV-
1231, IN THE AMOUNT OF $9,000.00, EXECUTED BY UNIVERSAL
NATIONAL BANK, AS CURRENT GUARANTEE FOR PERFORMANCE OF
THE TERMS OF SAID AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
66. DISCUSS SEPTEMBER 22, 1998 MEMORANDUM INDICATING NEED TO RECONFIGURE'
COMMUNITY REDEVELOPMENT AGENCY BUDGET WITH CARRYOVER I FUNDS -- 'SEE''
LABELS 14, 41, 43, 48.
Vice Chairman Plummer: Mr. Teele, pocket items.
Commissioner Teele: Yes, Mr. Manager, Mr. Chairman, I want to return to the CRA (Community
Redevelopment Agency) issue as my pocket item.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: The memo dated September 22nd from Gwen Warren to the Manager. It says"...
as a result of our recent discussion on the CRA agency you asked that I delineate the operations of the
agency, address any areas of concerns. As you are aware, the City created the CRA and the Commission
serves as its board." Now, it goes on to discuss, it makes reference to their long discussion and it says
240 September 28, 1998
that the CRA budget needs to be reconfigured without funds, or carryover funds. Now, I just want to be
very clear, Mr. Manager, if you are going to take the money back from the Little Havana Activities
Center, if you are going to take unused funds from the Allapattah CDC (Community Development
Corporation) and from every other CDC, then I really have no problem. But if the CRA is going to be
treated differently, then I am going to have a major problem with this. I want to go on to say that the
memo also talks about the fact that the CRA personnel issues, and that this board has voted that the CRA
Executive Director should be a non -City employee and the CRA board has acknowledged that. But this
memo says that all CRA personnel are City employees. It is my understanding in the City Charter, City
employees are appointed by the Manager and prohibited from receiving directions from any elected
official. And I think the implications, members of the board that all serve on other boards, that this is
very, very clear. I would hope... I would hope that the board... that the Manager would take note of the
fact that the MSEA (Miami Sports and Exhibition Authority) Director is a City employee. But, again, we
are not going to have two standards here. Another issue relates to the fact that Mr. Caballo was an
employee of the CRA and was transferred to the Parks Department. The documentation of course,
required that he be paid from the Parks budget. Apparently, without the CRA's permission he's being
paid from CDBG (Community Development Block Grant). But, I really want you to understand, CRA
board members what this is. The overall solution for the problem of the CRA is to consider a careful and
thoughtful restructuring of the agency. Now, I want you to understand, this is coming from staff of the
City. We are the board of directors and they are saying that the CRA must be restructured. The intent
would be to maintain the concept while exercising proper supervision, this is the Manager's staff
exercising supervision which violates basically the whole intent of why the CRA was set-up as an
autonomous agency. One of the problems cited in the OIG (Office of Inspector General) audit by the
Department of Community Affairs addresses the capacity and capability of the staff to comply with
federal grants. It seem appropriate to apply the same concern to the staff of the CRA. Now, and it goes
on. I just want the board... I want the public to understand when I say that there is a conspiracy that I am
not really reacting out of some paranoia. I mean, this is a small town, you know, people get into power
trips and all of these kinds of things, but I want it to be very clear what's going on and what's amiss here.
My concern and my point again goes back to this. This agency has existed for ten years. This agency is
about to do some things. I know this makes some people nervous. I know that this makes some people
nervous, but I want to assure the Board of the CRA and the Commission that everything that we are going
to do is going to be in full compliance with the federal law as a departure of some of the things that have
done... been done in the past. The CRA has never had a contract with the City like every other agency
has. I am pushing for that. And one of the things, of course, that I think becomes very, very important is
that the Commission staff understand that this memorandum basically, clearly disputes all of the
statements on the record of, "What budget? I haven't seen the budget, I don't know anything about the
budget." It further has a copy of the analysis of the budget. The CRA has proposed a budget for FY `98-
`99. This analysis which is four pages now. This analysis, this memorandum covers their funding
projections for CDBG funds only, and goes on into a very detailed analysis. I just want to be very clear
that when the Manager and his staff said, "I haven't seen the budget." They have done an analysis now,
without the benefit of seeing the budget. And, I just, again, to my colleagues want to make you aware
because I can tell you right now, I am going to work as hard as I can for this City, but I am also going to
work for my district. A part of this, a very large part of this is included in the district that I represent.
And I am only going to ask the Board of Directors of the CRA to give me the same courtesy that you
would like as a board member and a chairman of a board of the agency that you basically represent. I
think that that's fair, Commissioner Plummer, Commissioner Gort, Commissioner Regalado.
Vice Chairman Plummer: So be it.
Mr. Warshaw: Commissioner, please.
241 September 28, 1998
Vice Chairman Plummer: Mr. Manager.
Mr. Warshaw: A couple of issues. I did consult with the City Attorney on a few of these issues, and
again, this is also a process issue. Number one, Ms. Bellamy sent to me a request for a position and
asked me to sign off on the hiring of someone, I am not even sure who that person is, to work at the CRA.
And on signing off on it, my question to Ms. Bellamy was, why am I signing this, is this an employee of
the administration and how was this person chosen and what was the process. It winds up that I don't
know who the person is. And I have nothing against the process. I wanted to know if according to the
Charter all of the employees of the City report to me are going to be hired through the administration, and
I'll ask Angela who brought this to me to express to me her concern. I shared this with the City
Attorney. It's not a conspiracy, it's a legitimate question. And if the CRA is to have its own employees,
then they should be hired by the Executive Director of the CRA, paid by the CRA board, chosen by the
board, not hired by the Manager. And again, the question becomes, why should I be signing off on the
hiring of an individual or individuals to work in the CRA who have absolutely no interaction with me or
with members of the staff, and I think it was a legitimate question. And, again, it is not a conspiracy, it's
a process. And I am learning this job day by day, week by week. That was...
Vice Chairman Plummer: So, what was the answer?
Mr. Warshaw: There is no answer yet. The City Attorney has not advised me the answer.
Vice Chairman Plummer: OK, I think that's something that's got to be said and it's got to be done.
Mr. Gwendolyn Warren (Director, Community Development Department): Commissioner.
Vice Chairman Plummer: I mean, we have got to have a... You know, there has been three or four
different times where I have seen that the CRA is under the City, the CRA is not under the City, the CRA
is under the City. And I think that the most important thing that Teele has said here in relation to the
CRA, once we get a contract, an Interlocal Agreement between the CRA and the City, then everybody is
going to know where we are, whereas right now, we don't know where we are, OK. So, let's take it
from there.
Ms. Warren: Commissioner.
Mr. Warshaw: And Commissioner, I am sorry, but I want to put this on the record. OK, please, give me
this opportunity.
Vice Chairman Plummer: You got it.
Mr. Warshaw: Commissioner Teele, I am told personally called Angela Bellamy who is the Director of
Human Resources and instructed her to prepare this paperwork for the position. Now, I know and you
know, that's not the process. The process is, to make a written request for a position through the
Manager, go through a process to hire, and when I got this, I asked Angela, "Angela, where did this come
from?' She told me Commissioner Teele called her. Now, I don't have any problem with elected
officials talking to members of the administration, but when it comes to my signing off on the hiring of an
executive in the City, I want to know that I had something to do with that process. I know, Commissioner
Teele supports that because I told him a little earlier, I think I am a product of a lot of the process things
that he has shared with me since I have been here as Manager. It's not a conspiracy, it's a learning
process and I'll ask Angela to state exactly how that happened. That's not the way people get hired. It's
a request. There is no paper trail of this. There is no request from the...
242 September 28, 1998
Commissioner Teele: That's not true.
Mr. Warshaw: ... the Executive Director of the CRA, from the board of the CRA, from anyone to create
this position. It was done with a phone call, and I am telling you again, I don't do business that way. I
will not do business that way with any of you and I say that with the utmost respect and I am trying to
instill in the staff that everything has to have a paper trail, accountability and a process. And again, it's
not a personal issue with me. I don't even know who the person is, I don't care. I have no agenda in this,
except that it is done the right way. And I hope and pray that you support me in doing that. And these
issues are not controversial for me. I don't care who gets jobs as long as they are qualified people. I
don't care who get contracts as long as they are qualified vendors. And that's the way I have always felt.
Ms. Warren: Sir.
Vice Chairman Plummer: Mr. Teele, anything further?
Commissioner Teele: Yes, I would. First, first of all, I have only hired one person, and that was the
Interim Executive Director. As you know, the CRA board voted to have an Executive Director that
would be an outside non -City employee. We voted that in, I think December or January. I selected and
hired an administrator/Acting Executive Director to serve when Mr. Bailey retired. I personally did that
which I believe is my authority as the Chairman of the Board. Subsequent to that, Mr. Caballo left the
CRA, there was no replacement hired. Subsequent to that within the last 30 days, Sandra Joice retired
and went on to a large contract with a very prestigious agency. Ms. Joice was responsible for the budget
and the finance of the CRA. I conferred with the Executive, the Acting Executive Director. It is my
understanding that she submitted and signed paperwork to Ms. Bellamy. I don't think it was prepared for
my signature at all. My question of Ms. Bellamy was whether or not a person could be employed and
work on two different budget codes. And I also raised the issue with the Budget Office. And I would
like for Ms. Bellamy to clarify that, please.
Vice Chairman Plummer: Ms. Bellamy.
Ms. Angela Bellamy (Director, Human Resources): Yes, Commissioner you called and explained to me
that Porsha Palmer would be going over to the CRA office and you asked me what was the process for
her to do so. I explained to you that the CRA Administrator would have to prepare a memorandum to the
City Manager and ask that the position be converted to an unclassified position and I explained the
process for that. The CRA Administrator then delivered a memorandum to my office and paperwork, 922
- Personnel Action form was prepared that followed her request to make that position an unclassified
position.
Commissioner Teele: Who signed that paperwork?
Ms. Bellamy: Hilda Tejera.
Vice Chairman Plummer: And what is her title?
Ms. Bellamy: CRA Administrator.
Commissioner Teele: My question was, can I retain her on my budget code in my Commission Office for
20 percent and allow her to work at the CRA for 80 percent?
243 September 28, 1998
Ms. Bellamy: And I explained to you that I... that that would be Budget's function to provide whether
that was appropriate or not.
Commissioner Teele: And I went to Budget, and I did that, and I conferred with Ms. Tejera and that was
the decision that was made. But the personnel request it, not... The personnel request was made and
signed and executed by who?
Ms. Bellamy: Mrs. Tejera.
Commissioner Teele: And I just want that very clear on the record. But, one way we can solve this, is
we can perhaps get a non -City employee before the next meeting, the same as the Bayfront Trust has.
Because I think this is a part of the problem consistent with the Charter that you basically need a non-
contract person to be the Executive Director, and we voted already to do that.
Vice Chairman Plummer: In two instances, one you're correct, and one you're not. As far as the
Bayfront Park, the Executive Director is... was a City employee who became the Director prior to my
being there. In the interim...
Commissioner Teele: But is he a City employee now?
Vice Chairman Plummer: Excuse me?
Commissioner Teele: Is he a City employee now?
Vice Chairman Plummer: No, he is not a City employee. On the other board which I serve as Chairman,
which is International Trade...
Commissioner Teele: It's a City employee.
Vice Chairman Plummer: ... he is a City employee. But let me say also, contrary to what I just heard. In
both instances, we have recently... I am sorry, in one instance, we have chosen an Executive Director. I,
as Chairman did not choose that individual. As a matter of fact, I did not even recommend. The board is
the one who made that decision, not me. Once that decision is made, that Executive Director has the
right to choose who he feels is competent as long as it's within the budgeted amount of money. I do not
involve myself in personnel at Bayfront Park. I think it's worse thing that could happen. I only have one
employee at ITB (International Trade Board) so that really no big problem. So, as far as I am concerned,
as he refers to the Executive Director as an interim, I would assume that matter will be brought before the
CRA board for full approval of the board or not.
Ms. Warren: Sir.
Vice Chairman Plummer: Yes.
Ms. Warren: First, I would like to extend to...
Vice Chairman Plummer: And the speaker is Mrs. Warren.
Ms. Warren: Gwendolyn Warren. First, I would like to extend to Commissioner Teele an apology if I
misstated. One, during your last Commission meeting, I received a piece of paper in my hand when the
CRA Commission was... board was convened, and the next day I was asked what was that information,
244 September 28, 1998
the CRA budget. And there were several items in there that had to do with CDBG (Community
Development Block Grant). I was asked specifically to do an analysis to ensure that I... was these funds
approved, which year, where is the resolutions, et cetera? Also, as a result of the Manager being there,
me being there, one of the things that we had discussed is, the workings of a contract between the City
and the CRA and how we would go about doing it, and what did I see as the issues that would need to be
resolved just in terms of the total administrative structure. When I talk about restructuring, one, I believe
that the concept of CRA is absolutely essential to economic development and housing development in the
areas that it's charged to work in. I think one of the impediments to that development has been that there
has not been a clear funding source, a clear line of supervision and selection of staff. I think the whole
issue of us... their not having been allocated the budget at the beginning of the year and then being
funded like CDBG projects, the whole issue of who the staff works for. So, one of the things that I was
asked by the Manager was to do what I would consider to be the issues and potential solutions. In that
letter that you quote from what I indicated is, that I thought it was a great concept. When I talk about
staff capacity and capability in terms of the need for economic development housing in the targeted
community that they serve, I did not think that a five -person staff was sufficient to take on the charge that
this... that the CRA Board of Directors had been describing. In terms of the discussions that I have had
with the CRA staff in terms of operating Micro Loan Programs, doing Economic Development, doing
scattered site housing projects, quoting other CDBG agencies and activities in the Overtown and
potentially Model Cities community, the quota studies. I, as an administrator of federal funds thought
that a five -person staff was not sufficient for such a significant task. So, my analysis was basically to
say, I think it's a great idea. I think we need to restructure and look at the lines of authority. I think there
probably needs to be additional resources and one of the things that I am charged to... with at all times is
to protect the interest of the administration and the Commission. I feel that the process is backwards. I
think that the City Commission needs to allocate CDBG recourses to CRA during the public hearing and
then the CRA board needs to meet and decide what you are going do with them, but to do it before the
public hearing...
Vice Chairman Plummer: Thank you, ma'am.
Ms. Warren: ... is inconsistent with the public hearing process, and that's what I said.
Vice Chairman Plummer: I hear what you say and I think that there is one other factor that you haven't
put into that. This is one of the main factors. M-O-N-E-Y, OK.
Commissioner Sanchez: Money, money, money.
Commissioner Gort: Guys, come on.
Commissioner Teele: Mr. Chairman, I am going to leave it alone. Look, this is a City that doesn't have a
lot of resources that has a lot of needs. A lot of the frustration is really based on the fact that there isn't
enough money.
Vice Chairman Plummer: That's what I just said.
Commissioner Teele: But, the fact of the matter is, the CRA is receiving less CDBG money now than it's
ever received. To my knowledge, it receives no general fund money, OK. Unlike a lot of other boards
around here that do, and I really do think that what Ms. Warren is saying needs to be taken to heart. I
think this whole discussion, the whole principle of the two hundred thousand dollars ($200,000) is
something we all need to think about. But, I really do think, Commissioner Plummer that a part of what is
developing now is the fact that there is a real... energy that is being put. You may be interested to know
245 September 28, 1998
that the Poinciana project closed the day before the hurricane. This project has been languishing for five
years, and I still have to say this, you know, we are going to make some things happen over there and it's
important that the City management and the City staff understand that this is either a priority of this
Commission or it's not. And I think, you know, given the fact that the CRA has existed for ten years like
it has with all of the problems, I think given the fact that CDBG doesn't have any close-out grants for 25
years of existence. I think we need to take all these things into consider... and weigh the implications of
everything that has gone on here tonight. Because as far as I am concerned, it is very clear that there are
some very mixed signals that are being sent, and I mean I intend to in... to work for the redevelopment
within the redevelopment area, OMNI, the Margaret Pace Park, those areas as well as Park... as well as
Park West Overtown. We are working very hard with the Camillus House on potential relocation issues.
We are going to continue to do that until this board sitting as a CRA board instructs, and I will not be
deterred by these obstacles that are being placed before us that I think it's very clear to everybody that's
on the board what's going on and where it's coming from.
Vice Chairman Plummer: Thank you, sir.
67. APPOINT HENRYGIVENS TO COCONUT GROVE PARKING ADVISORY COMMITTEE
Vice Chairman Plummer: Mr. Sanchez, you have any pocket items?
Commissioner Sanchez: None.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Nope.
Vice Chairman Plummer: I have to make an appointment to the Coconut Grove Parking Advisory Board.
Mr. Henry Givens has been requested. I so move.
Commissioner Gort: Second.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-943
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
246 September 28, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: The other... I have no other pockets, but Mr. Manager...
Commissioner Gort: I do have an appointment.
Vice Chairman Plummer: The third...
Commissioner Gort: I am sorry. I apologize.
Vice Chairman Plummer: I am sorry, Mr. Gort.
Commissioner Gort: We created, my understanding is, the Special Committee to look at the... not the
culture, but the licenses. The Occupational Licenses.
Vice Chairman Plummer: Occupational License Board.
Commissioner Gort: I would like to name Luis Costa to that board.
Vice Chairman Plummer: Mr. Manager. All in favor of the name proffered?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Seconded by the Chair.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.98-944
A RESOLUTION, APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION
("COMMISSION") FOR TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
247 September 28, 1998
Upon being seconded by Commissioner Plummer, 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.
69. RECONSIDER 98-928 (DEFER APPOINTMENTS TO CODE ENFORCEMENT) APPOINT
JAMES KEANE, JR. TO CODE ENFORCEMENT BOARD.
Commissioner Teele: Mr. Chairman, I do have one board appointment of the...
Vice Chairman Plummer: All right, Mr. Teele.
Commissioner Teele: Is it Code Enforcement or Nuisance Abatement? It's Mr. Jim Keane, and that is to
the - backed up here - Code Enforcement Board. Mister...
Vice Chairman Plummer: The name proffered be accepted. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following motion and resolution were introduced by Commissioner Teele, who moved their
adoption:
MOTION NO.98-945
A MOTION RECONSIDERING PRIOR VOTE ON MOTION 98-928, WHICH
HAD DEFERRED CONSIDERATION OF APPOINTMENTS TO THE CODE
ENFORCEMENT BOARD.
RESOLUTION NO.98-945.1
A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR
MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS
DESIGNATED HEREIN.
(Here follows bodies of motion and resolution, omitted here and on file in the Office of the City
Clerk.)
248 September 28, 1998
Upon being seconded by Commissioner Plummer, the motion and resolution were 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.
70, (A) COMMENTS CONCERNING NEED TO TELEVISE THROUGH CABLE NET'9 NAMES
OF THOSE ARRESTED FOR PROSTITUTION / ILLEGAL DUMPING / DRUGS.
(B) DIRECT CITY MANAGER TO TELEVISE CITY COMMISSION AGENDA ON CABLE
NET 9 BEFORE NEXT +COMMISSION MEETING,
Vice Chairman Plummer: Mr. Manager, I have asked now, and this is last time I am going to ask. When
are we going to see...? Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Plummer: When are we going to see what this Commission has instructed the
administration, the people arrested for drugs, prostitution and illegal dumping? Now we are supposed to
see those names, address, and photographs on Cable 9. Am I...? Is anybody listening? Excuse me, this
gentleman is not the City Attorney, he is not the Manager. He is aPIO (Public Information Officer). He
is marketing director. When am I going to see it?
Mr. Vilarello: You first asked me an opinion, to issue an opinion with regard to whether or we could do
it. I have issued that opinion. I don't know why it's not on NET 9.
Vice Chairman Plummer: Mr. Manager, why isn't it on TV.
Mr. Donald H. Warshaw (City Manager): The issue is, and the legal issue was that we couldn't show just
some of the pictures and addresses, we had to show all. We are in the process of compiling them, and
each...
Vice Chairman Plummer: How much longer have I got to wait? Hello.
Mr. Warshaw: We will try to give you a time line. By the middle of this week, we are going to begin.
Vice Chairman Plummer: All right, my final, and this is important because I think it's going to resolve a
lot of problems we have been having. We need to get the agenda, Commission agenda on Cable 9. It
will stop all of this accusations, innuendoes, vibrations of sneaky items being put forth. Mr. Manager,
and I hope, and I realize you got a problem that you only have one person doing the transition. I think it
is that important that it should be done, that we need to tell the people through Cable 9 of what our
agendas are, and I would hope that that likewise will be before the next agenda. I really have nothing
else.
249 September 28, 1998
71 (A) COMMENTS FROM MAYOR CAROLLO CONCERNING FUTURE GROUNDBREAKING
OF NEW HOTEL PROJECT.
(B) COMMENTS CONCERNING OFFICIAL OPENING OF FIRE HOUSE IV.'
Vice Chairman Plummer: Where did you come from?
Mayor Carollo: Well, I came from representing all of us.
Vice Chairman Plummer: Oh my God!
Mayor Carollo: And, this is good news. We...
Vice Chairman Plummer: All right. Do you have an item, Mr. Mayor?
Mayor Carollo: We had a ground breaking today...
Vice Chairman Plummer: For?
Mayor Carollo: ... for another project that's about sixty million dollars ($60,000,000)...
Vice Chairman Plummer: I thought it was something important.
Mayor Carollo: ... in the Omni area that's going to bring to this City some five hundred and fifty
thousand to six hundred thousand dollars ($600,000) of recurring revenue every year once it's built in
about 18 months. Then, I would like to report to the Commission besides that that the grand opening,
official grand opening of Firehouse 4 was very successful. I am pleased to report to all of you that they...
Vice Chairman Plummer: Oh, you went to get a free dinner.
Mayor Carollo: No, no, I didn't eat.
Commissioner Gort: He didn't bring a doggie bag.
Vice Chairman Plummer: Yeah, yeah, where is the care package?
Commissioner Gort: At least you could have brought a doggie bag.
Mayor Carollo: They spent about two million dollars ($2,000,000) in refurbishing that place.
Commissioner Gort: Yeah.
Mayor Carollo: You should all feel very proud of yourselves because...
Vice Chairman Plummer: Did you go to the hockey game in Ft. Lauderdale?
Commissioner Sanchez: No, that's Sanchez.
Vice Chairman Plummer: Oh, OK.
250 September 28, 1998
Mayor Carollo: I am matador fan. But, these were two key projects that unfortunately we were going to
have last week where we all could have attended, but because of the hurricane...
Vice Chairman Plummer: OK.
Mayor Carollo: ... problems we made it today.
Vice Chairman Plummer: Are there any other items to come before this Commission?
Mayor Carollo: Did I miss anything important?
Vice Chairman Plummer: I got... Oh, no, not a damn thing.
Commissioner Sanchez: Never a dull moment...
Vice Chairman Plummer: Motion is in order to adjourn.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Always in order.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 9:40 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
251
September 28, 1998