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HomeMy WebLinkAboutCC 1997-07-10 MinutesCITY OF MIAM: --�� •.�t •i -i n ,t 1l V MUTING HELD ON ow- I'll-10 , 1997 REGULAR o PREPARED BY THE OFFICE OF THE CITY CLERK CITY WALL WALTER J. FOEMAN CITY CLERK INDEX MINUTES OF REGULAR MEETING July 10, 1997 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. DIRECT ADMINISTRATION TO REQUEST DISCUSSION 1-3 FULL TIME REPRESENTATIVE FROM 7/10/97 FLORIDA POWER AND LIGHT TO MONITOR CITY STREET LIGHTS MAINTENANCE NEEDS. 2. PRESENTATION: SISTER PARKS: DISCUSSION 3-5 BAYFRONT PARK AND MOERE NUMA PARK 7/10/97 IN SAPPORO, JAPAN. -- SEE LABEL 8. 3. RENEW PROFESSIONAL SERVICES SEOPWA/CRA 5-9 AGREEMENT WITH NATIONAL M 97-5 DEVELOPMENT COUNCIL, INC. --ALLOCATE R 97-6 FUNDS $50,000 -- AUTHORIZE EXECUTIVE 7/10/97 DIRECTOR OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TO ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEVELOPMENT COUNCIL, INC. -- FOR SECURING FINANCING FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT -- ALLOCATE FUNDS NOT TO EXCEED $50,000 FROM CRA ACCT. 640001. 4. APPROVE SALE OF MARGARET BROWN SEOPWA/CRA APARTMENTS AT 269 N.W. 8TH STREET, TO R 97-7 BETHEL AME CHURCH. 7/10/97 5. AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS CONVEYING CRA VACANT PARCELS TO BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. -- FOR ONE DOLLAR -- FOR CONSTRUCTION OF ANCILLARY BUILDING FOR HISTORIC LYRIC THEATER AT 819 N.W. 2 AVENUE, MIAMI. DEFER CONSIDERATION OF AGENDA ITEM 6 (PROPOSED AGREEMENT WITH RELATED HOUSING INC. -- FOR PROVISION OF UP TO $2,000,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FLOAT FUNDS TO FINANCE PROPOSED LYRIC VILLAGE TOWNHOUSE PROJECT AT N.W. 1 AND 2 AVENUES AND 8 AND 10 STREETS). S EO PWA/CRA R 97-9 7/10/97 SEOPWA/CRA M 97-9 7/10/97 9-10 10-11 11-13 f �,ynf ryar'ir4� 7. DIRECT EXECUTIVE DIRECTOR TO BRING SEOPWA/CRA 13-16 BEFORE CRA BOARD ONLY ITEMS THAT DISCUSSION HAVE BEEN REVIEWED BY CITIZENS 7/10/97 REVIEW BOARD -- FURTHER DIRECTING EXECUTIVE DIRECTOR TO ENFORCE LOT CLEARING ORDINANCE IN CRA AREAS. 8. MAKE BAYFRONT PARK AND SAPPORO, R 97-449 16-17 JAPAN'S MOERE NUMA PARK SISTER 7/10/97 PARKS -- SEE LABEL 2. 9. PROCLAMATION: CLARA ROTETA DAY- FOR DISCUSSION 17-18 HEROIC ACT. 7/10/97 10. CONSENTAGENDA. DISCUSSION 7/10/97 10.1 ACCEPT BID: TOTAL AIR SERVICES, INC. -- R 97-450 FOR AIR CONDITIONING SYSTEM FOR 7/10/97 PARKS AND RECREATION -- ALLOCATE FUNDS, $11,520, FROM ACCT 589301-860, CIP PROJECT 331310. 10.2 ACCEPT BID: EDU-TECH, INC -- FOR R 97-451 BLEACHERS AT WILLIAMS PARK -- FOR 7/10/97 PARKS AND RECREATION -- ALLOCATE FUNDS $19,290 FROM CDBG ACCT 589301- 860, CIP PROJECT 33151. 10.3 ACCEPT BID: BEST'S MAINTENANCE & R 97-452 JANITORIAL -- FOR CUSTODIAL SERVICES 7/10/97 FOR DAY CARE AND DISABILITIES PROGRAM -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS, $4,740 FORM GSA ACCT 513000.421001.6.340. 10.4 ACCEPT BIDS: WHOLESALE EMPORIUM OF R 97-453 FLORIDA, OSHER OIL COMPANY AND B.V. 7/10/97 OIL COMPANY -- FOR OILS AND LUBRICANTS FOR GSA AND FIRE -RESCUE -- ALLOCATE FUNDS, $52,000, FROM GSA ACCT 509000.420901.6.713 AND FIRE - RESCUE 001000.280701.6.713. 10.5 ACCEPT BIDS: ATLANTIS CONSTRUCTION R 97-454 OF SOUTH FLORIDA / TARAFA GENERAL 7/10/97 CONTRACTOR, INC. -- FOR FURNISHING / INSTALLATION OF PLAYGROUND EQUIPMENT AND CONCRETE SLABS RESPECTIVELY AT VARIOUS CITY PARKS -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS, $69,948.53 FROM CDBG ACCT 589301-860 AND CIP PROJECT 331407, 331409, 331379, 331360 AND 331398. 0 18-20 21 21 22 22 23 10.6 ACCEPT BIDS: L&L DISTRIBUTOR -- FOR R 97-455 TRUNK ORGANOZERS FOR POLICE -- 7/10/97 ALLOCATE FUNDS, $7,287.50 ACCT 503001.291301.6.722. 10.7 APPROVE BASKETBALL COURTS AT JOSE R 97-456 MARTI PARK BY AAA COURTS, INC -- FOR 7/10/97 PARKS AND RECREATION -- ALLOCATE FUNDS, $53,829, FROM CDBG ACCT 589301- 860 AND CIP PROJECT 331385. 10.8 ACCEPT PLAT: CUSI SUBDIVISION. R 97-457 7/10/97 11. RATIFY / APPROVE / CONFIRM / SOLE R 97-458 SOURCE FINDING -- WAIVE COMPETITIVE 7/10/97 BIDS -- APPROVE REFURBISHMENT OF TWO AERIAL TRUCKS -- FOR FIRE -RESCUE -- BY SIMON LADDER TOWERS, INC -- ALLOCATE FUNDS NOT TO EXCEED $782,820, FROM GENERAL FUNDS PROJECT 001000. 920707. 6650, 84019. 12. RESCIND R96-631 AUTHORIZING SECTION R 97-459 108 LOAN APPLICATION FOR $1.5 MILLION 7/10/97 TO US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) SUBSTITUTE AUTHORIZING MANAGER TO SUBMIT APPLICATION FOR 108 LOAN GUARANTEE FOR $2,000,000 -- FOR FINANCING OF FLAGLER MARKETPLACE. 13. (A) DISCUSS / DEFER TO MEETING OF JULY M 97-460 24, 1997 CONSIDERATION OF AGENDA ITEM 7/10/97 6, (REQUEST FOR FUNDING FOR PROPOSED LYRIC VILLAGE HOUSING PROJECT IN OVERTOWN) -- DIRECT ADMINISTRATION TO PROVIDE FINANCIAL INFORMATION IN REFERENCE TO SAID PROJECT. (B) INSTRUCT CITY ATTORNEY TO REVIEW LOBBYIST ORDINANCE. 14. DISCUSS / DEFER CONSIDERATION OF M 97-461 AGENDA ITEM 7 (REQUEST FOR PERMIT TO 7/10/97 ESTABLISH COCONUT GROVE FARMERS' MARKET). 15. (A) ALLOCATE $5,000 FROM COCONUT R 96-462 GROVE SPECIAL EVENTS DISTRICT FUND -- 7/10/97 FOR COMMODORE PLAZA LANDSCAPE PROJECT. (B) COMMENTS REGARDING VENDING ORDINANCE SCHEDULED FOR JULY 24, 1997 COMMISSION MEETING - DISTRICT FUND -- FOR COMMODORE PLAZA LANDSCAPE PROJECT, 0 23 24 24 24-25 26-29 30-38 39-40 40-42 16. TABLE TO LATER IN SESSION DISCUSSION 43 CONSIDERATION OF AGENDA ITEM 9 7/10/97 (REQUEST TO PLACE STATUE IN UNITY PARK) -- SEE LABEL 18. 17. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 44-45 SPECIAL REVENUE FUND, BUILDING 11521 CLOSING REVOLVING FUND -- 7/10/97 APPROPRIATE $1000,000 FROM GENERAL FUND FOR EXPEDITING DEMOLITION OR SECURING UNSAFE STRUCTURES. 18. GRANT REQUEST TO PLACE SCULPTURE R 97-463 45-48 OF "13 DE MARZO" AT UNITY PARK, WEST 7/10/97 FLAGLER STREET AND 17 AVENUE. SEE LABEL 16. 19. EMERGENCY ORIDNANCE:AMEND SECTION ORDINANCE 49-50 1 OF ORDINANCE 11337, (CIP) -- INCREASE 11522 APPROPRIATIONS TO EXISTING CAPITAL 7/10/97 IMPROVEMENT PROJECT 313232, FIRE DEPARTMENT COMPUTER ENHANCEMENT. 20. EMERGENCY ORDINANCE: AMEND ORDINANCE 50-51 SECTION II OF ORDINANCE 11337 (CIPO -- 11523 ESTABLISH NEW CAPITAL IMPROVEMENT 7/10/97 PROJECT, FIRE -RESCUE NEW APPARATUS ACQUISITION, PROJECT 313232. 21. (A) AMEND SECTION III OF ORDINANCE ORDINANCE 51-55 11337 (CIP) -- INCREASE APPROPRIATIONS 11524 TO EXISTING CAPITAL IMPROVEMENT 7/10/97 PROJECT 322061, TOWER THEATER REHABILITATION FROM $1,906,800 TO $2,276,800, AN AMOUNT OF $370,000 FROM 23 YEAR CDBG PROGRAM FUNDS -- FURTHER ESTABLISH NEW CIP PROJECT 322056, MIAMI DESIGN DISTRICT-SIGNAGE PROGRAM -- APPROPRIATE FUNDS FOR $25,000 FROM 23 YEAR CDBG PROGRAM FUNDS. (B) DIRECT ADMINISTRATION TO ESTABLISH REVENUE FUND FOR BAYFRONT PARK IMPROVEMENTS. 22. DISCUSS / DEFER CONSIDERATION OF M 97-464 55-60 AGENDA ITEM 14 (PROPOSED SECOND 7/10/97 READING ORDINANCE TO AMEND CODE TO PROVIDE FOR FEE ADJUSTMENTS CHARGED FOR FALSE ALARMS, BURGLARY AND ROBBERY ALARMS) --FURTHER DISCUSS REDUCING FEE STRUCTURES AND INSTRUCT POLICE TO RESEARCH FEASIBILITY OF HIRING PRIVATE COMPANY TO RESPOND TO BURGLAR ALARMS. 0 f,. 23. DISCUSS PROPOSED PLAN TO BE DISCUSSION 61 PRESENTED TO CITIZENS SHOULD CITY BE 7/10/97 DISSOLVED -- SEE LABEL 53. 24. SECOND READING ORDINANCE: AMEND ORDINANCE 61-62 SECTION 2-922 OF CODE -- PROVIDE FOR 11525 MAXIMUM EXCUSED ABSENCES PER 7/10/97 CALENDAR YEAR FOR MEMBERS OF INTERNATIONAL TRADE BOARD. 25. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 62-64 NEW SPECIAL REVENUE FUND, PC 11526 NETWOEK QUALITY MANAGEMENT 7/10/97 PROGRAM (FY'97) -- APPROPRIATE $337,500 GRANT FUNDS FOR OPERATION OF SAME. 26. DEFER / CONTINUE TO LATER IN SESSION M 97-465 64-65 CONSIDERATION OF FIRST READING 7/10/97 ORDINANCE (PROPOSING TO ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FY 96-97) -- SEE LABEL 62. 27. PROPOSED FIRST READING ORDINANCE: FIRST 66-67 ESTABLISH NEW SPECIAL REVENUE FUND, READING DADE COUNTY EMS GRANT AWARD -- ORDINANCE APPROPRIATE FUNDS ($444,098). 7/10/97 28. PROPOSED FIRST READING ORDINANCE: FIRST 67-68 AMEND SECTION 11 OF ORDINANCE 11337 -- READING ESTABLISH NEW CAPITAL IMPROVEMENT ORDINANCE PROJECT 313238, EMERGENCY OPERATION 7/10/97 CENTER -- FOR FIRE -RESCUE -- APPROPRIATE FUNDS. 29. AUTHORIZE ALLOCATION OF $9,520 CDBG R 97-466 68-69 FUNDS, PROJECT 799602 -- FOR 7/10/97 REHABILITATION OF 16 BUSINESSES IN LITTLE HAVANA AREA UNDER FOR COMMERCIAL FACADE PROGRAM. 30. AUTHORIZE ALLOCATION OF $19,600 FROM R 97-467 70 COMMUNITY DEVELOPMENT BLOCK GRANT 7/10/97 FUNDS PROJECT 799602 -- FOR REHABILITATION OF 14 BUSINESSES IN EDISON / LITTLE RIVER AREA UNDER COMMERCIAL FACADE PROGRAM. 31. ACCEPT GRANT $8,941 FROM KELLOGG R 97-468 71 FOUNDATION -- FOR OVERTOWN 7/10/97 GARDENING EXCHANGE PROGRAM. 0 •�i.`•�s �'A� �y 's 1• 32. AUTHORIZE CITY MANAGER TO EXECUTE R 97-469 72 PERMIT AGREEMENT WITH METRO-DADE 7/10/97 COUNTY -- FOR LEASING OF OFFICE SPACE AT CULMER NEIGHBORHOOD SERVICE CENTER (1600 N.W. 3 AVENUE) BY OVERTOWN NEIGHBORHOOD PARTNERSHIPS PROGRAM ((ONP) ALLOCATE FUNDS $2,717, ONP'S BUDGET CODE 450243. 33. AUTHORIZE CITY MANAGER TO EXECUTE R 97-470 73-74 PROFESSIONAL SERVICES AGREEMENT 7/10/97 WITH METRO-DADE COUNTY HOUSING AGENCY (MDHA) -- ALLOCATE $83,000 FROM FY'96 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM GRANT FUNDS TO MDHA -- FURTHER DIRECT ADMINISTRATION TO FURNISH COMMISSION WITH CONTRACTS MANAGED BY HOPWA BOARD. 34. APPROVE ACQUISITIONS OF COMPUTER R 97-471 74-75 TRAINING MATERIALS AND OTHER 7/10/97 TRAINING SERVICES FROM: EXECUTRAIN OF FLORIDA / PRODUCTIVITY POINT INTERNATIONAL / KNOWLEDGE ALLIANCE / HOMNICK SYSTEMS / DPEC, INC. -- ALLOCATE FUND, $60,000 FROM ACCT. 001000.2613016.410. 35. APPROVE ACQUISITION OF SOFTWARE R 97-472 75-76 CONVERSION SERVICES FROM OPENWARE 7/10/97 TECHNOLOGIES, INC -- ALLOCATE FUNDS, $22,500 FROM ACCT. 001000.2613016.335. 36. (A) AUTHORIZE PAYMENT OF FLORIDA BAR R 97-473 76-83 DUES FOR ATTORNEYS -- ALLOCATE 7/10/97 FUNDS, $6,000 FROM ACCT. 230101-760. (B) COMMENTS BY CHARLIE COX, PRESIDENT OF AFSCME LOCAL 1907, REGARDING CITY'S NEED TO PAY LICENSING FEES FOR HIS MEMBERS. 37. ACCEPT PROPOSED MILLAGE RATE OF R 97-474 84-86 1.9200 FOR FISCAL YEAR '97-'98. 7/10/97 38. DISCUSS / TABLE TO AFTERNOON SESSION DISCUSSION 86-88 CONSIDERATION OF AGENDA ITEM 33 7/10/97 (ACCEPT PROPOSED BUDGET FOR FISCAL YEAR '97-'98) -- SEE LABEL 59. 39. APPROVE USE OF CITY OWNED PROPERTY R 97-475 88-91 AT 250 N.W. NORTH RIVER DRIVE AND 1433- 7/10/97 75 S.W. 8 STREET -- FOR TEMPORARY OPEN-AIR PUBLIC MARKET BY BENSIDOUN USA, INC. 40. BRIEF COMMENTS BY CITY ATTORNEY DISCUSSION REGARDING OUTCOME OF TARAFA 7/10/97 LAWSUITAND FIREHOUSE 6. 41. DIRECT ADMINISTRATION TO NEGOTIATE DISCUSSION AGAIN FOR FIREHOUSE FOUR PROPERTY 7/10/97 UNDER SAME CONDITIONS AS BEFORE. 42. APPROVE SPILLIS CANDELA TO PROVIDE R 97-476 PROFESSIONAL ARCHITECTURAL / 7/10/97 ENGINEERING / AVIATION PLANNING SERVICES -- FOR FEASIBILITY PLAN / DESIGN / PREPARATION OF CONSTRUCTION DOCUMENTS / CONSTRUCTION ADMINISTRATION -- FOR WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT. 43. DISCUSS / DEFER CONSIDERATION OF M 97-477 AGENDA ITEM 36 (PROPOSED WAIVER OF 7/10/97 BIDDING REQUIREMENTS TO AUTHORIZE LEASE AGREEMENT WITH MIAMI YACHT CLUB, INC. FOR LEASE OF REAL PROPERTY AND BAY BOTTOM AT 1001 MACARTHUR CAUSEWAY, WATSON ISLAND) -- FURTHER DIRECT MANAGER TO MEET WITH MAYOR CAROLLO AND POLICE ON SAME. 44. RATIFY / APPROVE / CONFIRM EMERGENCY R 97-478 FINDING -- WAIVE COMPETITIVE BIDS -- 7/10/97 APPROVE PURCHASE OF AMMUNITION FROM LAWMEN'S AND SHOOTERS' SUPPLY, INC. -- ALLOCATE FUNDS $80,530.28 FROM POLICE GENERAL BUDGET, ACCT. 001000.290201.6.703. 45. RATIFY / APPROVE / CONFIRM EMERGENCY R 97-479 FINDING -- WAIVE COMPETITIVE BIDS -- 7/10/97 APPROVE PURCHASE OF CUSTODIAL SERVICES FROM AFTER HOURS CLEANING SERVICES, INC -- ALLOCATE FUNDS $15,000 FROM POLICE GENERAL BUDGET, ACCT. 001000.290201.6.703. 46. ACCEPT BID: SOUTH FLORIDA R 97-480 MAINTENANCE SERVICE -- FOR 7/10/97 FURNISHING OF EVENTS MAINTENANCE SERVICES TO ORANGE BOWL STADIUM -- ALLOCATE FUNDS NOT TO EXCEED $100,000, FROM ACCT 350503-340. 47. ACCEPT BID: BENNETT ELECTRIC SERVICE R 97-481 CO. -- FOR ATHALIE RANGE PARK SPORT 7/10/97 LIGHTING PROJECT - SOCCER/BASEBALL FIELD, NO. B-6251 -- ALLLOCATE FUNDS, $137,070.78 FROM PROJECT 331070. 91-92 92-94 94-103 104-107 108-109 109-110 110-111 .ik•�..� F� 11 48. ACCEPT BID: BENNETT ELECTRIC SERVICE R 97-482 113-114 CO.INC -- FOR BUENA VISTA PARK 7/10/97 LIGHTING PROJECT No. B-6266 -- ALLOCATE FUNDS FROM CIP 331396, $48,001.55. 49. BRIEF DISCUSSION REGARDING DISCUSSION 114-115 WITHDRAWAL OF AGENDA ITEM 43 7/10/97 I (DISCUSSION CONCERNING OPERATION / MANAGEMENT PROGRAM FOR USE OF DINNER KEY COAST GUARD STATION PROPERTY AND SITE (VIRRICK GYM) BY SHAKE -A -LEG MIAMI, INC. 50. ADVERTISE / SCHEDULE FOR JULY 23, DISCUSSION 115-116 1997, WORKSHOP AND SPECIAL 7/10/97 COMMISSION MEETING TO DISCUSS DINNER KEY BOATYARD PROPOSALS. 51. (A) RESCIND NOLAN CO. TOWING CONTRACT FOR ZONE 3 -- -- ASSIGN DIAZ R 97-483 116-135 7/10/97 TO ZONE 3 -- REASSIGN BACKUPS -- DIRECT ADMINISTRATION TO PREPARE REPORT DETAILING COMPLAINTS RECEIVED ABOUT TOWING COMPANIES -- DIRECT ADMINISTRATION TO INSPECT ARE AT OF S.W. 31 AVENUE BETWEEN 8 AND 10 STREETS BEHIND HOME DEPOT, AND PREPARE REPORT OF FINDINGS. (B) DIRECT CITY ATTORNEY TO REDEFINE MEANING OF "LOBBYIST". 52. (A) DISCUSSION CONCERNING OVERSIGHT R 97-484 136-142 BOARD CHAIRMAN REGARDING CONTRACT 7/10/97 WITH FORTUNE REALTY COMPANY FOR SALE OF ST. HUGH OAKS HAVING UNITS. (B) AUTHORIZE CITY SUBORDINATION OF DOWNTOWN INVESTMENTS, INC. $1,700,000 LOAN WITH CONDITIONS IN FURTHERANCE OF AFFORDABLE HOUSING. 53. DISCUSS PARAMETERS OF PROPOSED DISCUSSION 142-152 DISSOLUTION PLAN FOR CITY -- FURTHER 7/10/97 DISCUSS PENSION OF VESTED EMPLOYEES / PUBLIC EDUCATION CAMPAIGN / CREATION OF PAC (POLITICAL ACTION COMMITTEE) TO SAVE CITY -- SEE LABEL 23. 54. APPOINT COMMISSIONER PLUMMER AS R 97-485 152-153 DELEGATE TO FLORIDA LEAGUE OF CITIES. 7/10/97 55. (A) DEFER CONSIDERATION OF DISCUSSION 153 APPOINTMENTS TO BOARDS AND 7/10/97 COMMITTEES. (B) DIRECT CITY CLERK TO READVERTISE FOR PLANNING ADVISORY BOARD. 56. AUTHORIZE FUNDING FOR SPONSORHIP R 97-486 154-155 OF NATIONAL ORGANIZATION OF BLACK 7/10/97 LAW ENFORCEMENT EXECUTIVES (NOBLE) ANNUAL TRAINING AND EXHIBITION CONFERENCE -- ALLOCATE $10,000 FROM POLICE LETF FUND. 57. EVALUATE TELECOMMUNICATIONS ,INC DISCUSSION 155-157 (TCI) CABLE RATES OF RESIDENTS IN HUD 7/10/97 AND LOW INCOME HOUSING. 58. DISCUSSION REGARDING FUNDING FOR DISCUSSION 158-160 COMMUNITY BASED ORGANIZATIONS 7/10/97 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR TECHNICAL ASSISTANCE TO FOR PROFIT BUSINESSES -- FOR IMPLEMENTATION OF COMMERCIAL FACADE PROGRAM -- FURTHER REQUESTING TO SCHEDULE FOR COMMISSION MEETING OF JULY 24, 1997 CONSIDERATION OF FUNDING COMMUNITY BASED ORGANIZATIONS IN MODEL CITY AND WYNWOOD. 59. (A) RECONSIDER PRIOR TABLING OF M 97-487 160-164 ACCEPTANCE OF CITY PROPOSED BUDGET R 97-488 FOR FISCAL YEAR 1997 - 1998. (SEE LABEL 7/10/97 38). (B) ACCEPT PROPOSED BUDGET FOR FISCAL YEAR 1997-1998 -- SUBMIT SAME TO FINANCIAL EMERGENCY OVERSIGHT BOARD. 60. RESCIND R96-900 -- PROVIDING R 97-489 164-166 ATTORNEYS OF CIVIL SERVICE / CODE 7/10/97 ENFORCEMENT / NUISANCE ABATEMENT BOARDS WITH GROUP INSURANCE AT 100% OF COST. 61. AUTHORIZE $17,500 FOR CONSTRUCTION R 97-490 166-168 OF OFFICE SPACE FOR FINANCE. 7/10/97 62. RECONSIDER PROPOSED FIRST READING FIRST 168-169 ORDINANCE: AMEND SECTIONS II AND VI READING OF CAPITAL IMPROVEMENTS ORDINANCE ORDINANCE 11337 -- ESTABLISH NEW CIP PROJECTS 7/10/97 BEGINNING DURING FISCAL YEAR 1996- 1997 -- SEE LABEL 26. 63. ACCEPT REDISTRICTING MAP 5-5(b) FOR R 97-491 169-178 FIVE DISTRICTS -- FURTHER AGREE TO 7/10/97 MODIFY BRICKELL AVENUE COASTAL DISTRICT BOUNDARIES -- PUBLIC HEARING. 64. CONTINUE SWIMMING POOLS OPEN AND R 97-492 179-185 SERVICES FOR RESIDENTIAL CURBSIDE 7/10/97 RECYCLING PROGRAM -- FURTHER DIRECT ADMINISTRATION TO RETURN WITH BUDGET ADJUSTMENTS TO ACCOMPLISH SAME. FW MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the loth day of July, 1997, 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 8:39 a.m. by Mayor Joe Carollo with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Mr. Robert J. Nachlinger, Assistant City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Mayor Joe Carollo Vice Mayor Tomas Regalado Commissioner Wifredo Gort Edward Marquez, City Manager ---------------------------------------------------------------------------------------------------------------- 1. DIRECT ADMINISTRATION TO REQUEST FULL TIME REPRESENTATIVE FROM FLORIDA POWER AND LIGHT TO MONITOR CITY STREET LIGHTS MAINTENANCE NEEDS. Commissioner Plummer: Do we have a City Manager? Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah, we do. Mr. Aaron Weeks (Chief of Staff): Yes, we do, right here. Commissioner Plummer: Mr. City Manager, is the record on?, because what I am going to say somebody is going to want a copy of. 1 July 10, 1997 lid , o" 1 Mr. Jones: Well, you better wait then. Commissioner Plummer: Since you are going to be doing the budget, it is my understanding that the City pays in excess of four million dollars ($4,000,000)... Humberto, I want you to hear this. Commissioner Hernandez: Yes. Commissioner Plummer: The City pays in excess of four million dollars ($4,000,000) a year to Florida Power and Light for lighting, OK? It is my discovery that no business who has a four million dollar account doesn't have at least one person assigned to that account, exclusively to that account. But it is the case with the City's lighting. I know that there is so called three percent, if the three percent is out there then do something about it. Sir, I will show you lights in Bay Heights that have been on for four years, 24 hours a day, that never go off. I will show you lights in my particular neighborhood, I defy you to find it at night because they are in trees and you can't find them. I'll show you lights in my neighborhood who in fact, haven't been fixed for God knows when. I will show you lights 17th Avenue and Dixie Highway which is absolutely a crash corner, those lights have not been on, on Dixie Highway for over four months. I am asking the administration to do something about it. Mr. Robert Nachlinger: Commissioner, we will get our Public Works Department to do a survey of all the lights. Commissioner Plummer: No, Public Works don't do it, OK? Mr. Nachlinger: Public Works will do it. Commissioner Plummer: They don't do it. I have asked for it before, they don't do it. Now, Florida Power and Lights has trucks out here and if you really want to see that, that's a joke. Asplunder, they go to work at 10:00 a.m. and they are off at 2:30, that are trimming their lines. Why can't those same trucks trim around the trees, where we are spending so much money for lights? And, by the way, we pay for that light whether it's on or off, OK? Mr. Nachlinger: Sir. Commissioner Plummer: All I am saying is, we are not getting our dollars worth. They have got to be cleaned up, around those trees. They have got to... Go to the corner of Shore Drive East and Samana Drive, you will see a street light that has been on for at least three years that I have complained about time and time and time again. Something has got to be done. Not only are you wasting energy and money but we are wasting our money. Please follow through. Mr. Nachlinger: Yes, sir. Commissioner Plummer: Well, I had a bagel, I guess I ought to go back and eat it. We are not going to get nothing accomplished here. Mr. Clerk, if any of the rest of the lazy devils show up, would you tell them I am in my office. END OF DISCUSSION -- NO ACTION TAKEN NOTE FOR THE RECORD: By memorandum from the City Manager, items CA-7, AG5, 20, 21, 22, 27, 40 and 43 were withdrawn. ON July 10, 1997 �,iiU.ac�� my e THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 8:43 A.M. AND RECONVENED AT 9:06 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION INCLUDING ASSISTANT CITY MANAGER NACHLINGER WITH THE EXCEPTION OF COMMISSIONER HERNANDEZ, COMMISSIONER GORT AND EDWARD MARQUEZ, CITY MANAGER FOUND TO BE PRESENT. Mayor Carollo: Good morning, we are going to be standing up for the invocation. If everyone could stand up, please? At this point, the invocation was delivered by Mayor Carollo, who then led those present in a pledge of allegiance to the flag. ------------------------------------------------------------------------ --------------------------------------- 2. PRESENTATIONS: SISTER PARKS: BAYFRONT PARK AND MOERE NUMA PARK IN SAPPORO, JAPAN -- SEE LABEL 8. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Before we begin the regular items in today's regular schedule Commission meeting, we have a very special and distinguished delegation from the City of Sapporo, Japan that's headed by their Vice Mayor. If I may ask Kathy Rahill if she could escort them to the dais, they would like to address the Commission. We have with us Vice Mayor Ishihara from Sapporo, Japan together with Mr. Marcell Numotu (phonetic) who is the Vice President of Sapporo Television. Sapporo, is one of those cities that is distinguished by also having a park that was started by Mr. Noguchi, just like our own Bayfront Park was done by him. And, they have proposed to the City of Miami that we would make both of our parks sister parks. In fact, during the process that they were designing and finishing theirs, when Mr. Noguchi had died, so they brought some of his closest people to finish the park and the park will be finished shortly. So, they came here again today and they are no strangers to us, they have been friends for some time, and they came to Miami again, to officially make the presentation that you will be hearing today and for the City of Miami to become sister parks with the Sapporo Park and the Bayfront Park of the City of Miami. Mr. Vice Mayor. Ms. Kathy Rahill: First, I would like to introduce the rest of the Commission. There is vice president Ishihara, Mr. Numotu, Mr. Shibata and Mr. Katuka who have all come here for the purposes of this today. And, Mr. Ishihara would like to have... say a few words to you in regards to this very special event. Mr. Hiroyuki Ishihara: [COMMENTS IN JAPANESE) Ms. Rahill: Now, I will translate what Vice Mayor Ishihara said. He said, "I would like to introduce myself, I am Vice Mayor of Sapporo and I am very honored to be here today, before the Miami City Commission. Last November, I came to Miami and met Mayor Carollo to discuss Miami's Bayfront Park and Sapporo's Marina Park both having been designed by Naguchi becoming sister parks. At that time, Mayor Carollo expressed his support and commitment to realizing this goal to which all of us in Sapporo anxiously awaited. I am very happy to be here today. I am very excited about this wonderful possibilities for the future with the sister parks. And, in closing I would like to wish all of you in Miami ever greater prosperity and I look very forward to expanding this wonderful relationship between our two cities. Thank you, very much. [APPLAUSE] Mayor Carollo: J. L., would you like to say a few words? 3 July 10, 1997 Commissioner Plummer: On behalf, as chairman of Bayfront Park, we are very happy to have this participation. It is only through the aspects of Mr. Noguchi and now Mr. Samoro who is taking his place, and of course Lester Panhiest on the local level that we were able to attain the recognition that is worldwide through having in our community a Noguchi designed park. And, we are very pleased that we will have this representation from their sister park in their country and we hope that the two will benefit by this mutual agreement. On behalf of my Board of Trustees at the Bayfront Park Trust, I thank you for being here. I thank you for your continued interest in seeing that this is a reality for both your country and for ours, and I thank you. [APPLAUSE] Mayor Carollo: We have another proclamation that we need to make this morning to Clara Roteta. Commissioner Plummer: Not here. Mayor Carollo: OK, all right. We will make it later in the meeting when she arrives here. END OF PRESENTATIONS -- NO ACTION TAKEN Commissioner Hernandez: Mr. Mayor, we had set up an agenda, a meeting for 8:30 in the morning for the CRA (Community Redevelopment Agency) Board. We did not have quorum in the morning and there is a lot of people that are here present for the agenda items that were set up. Mayor Carollo: Why don't we quickly move to that, Commissioner? Commissioner Hernandez: OK. Mayor Carollo: We will adjourn temporarily the regular Commission meeting until we can go and be done with... Commissioner Plummer: Mr. Mayor, may I make a suggestion... Mayor Carollo: Yes. Commissioner Plummer: ... because there has been some miscommunications and it maybe my fault as much as others. May I suggest that we, instead of coming back at three, come back at two thirty to handle that matter and then we don't have to rush through it. Can you all make it at two thirty? Mayor Carollo: Well, we will be coming back at two thirty. Now, I think, J.L., that it will be best, we have people who came here already. Commissioner Plummer: OK. Mayor Carollo: I would hate to make them come back again. Commissioner Plummer: Then somebody give me an agenda. I don't have an agenda. They are still trying to find mine in my office and I apologize. My office signed for it but I... [At this point, the City Commission meeting was adjourned at 9:14 a.m., to open as the Community Redevelopment Agency.] 4 July 10, 1997 NOTE FOR THE RECORD: THEREUPON, THE CITY COMMISSION, UNDER A ORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUE: Board Chair Hernandez: Why don't you, Herb? Mr. Mayor, we first need to approve the minutes of the meeting of November 18, 1996, and December 16, 1996. Board Member Carollo: OK. Is there a motion? I'll make the motion. Commissioner Gort seconds it. Board Chair Hernandez: All those in favor, say "aye." The Board (Collectively): Aye. Board Chair Hernandez: All those against. Board Member Carollo: "Nay." Board Chair Hernandez: Unanimous vote. ---------------------------------------------------------------------------------------------------------------- 3. RENEW PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEVELOPMENT COUNCIL, INC. -- ALLOCATE FUNDS $50,000. AUTHORIZE EXECUTIVE DIRECTOR OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY TO ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEVELOPMENT COUNCIL, INC. -- FOR SECURING FINANCING FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT -- ALLOCATE FUNDS NOT TO EXCEED $50,000 FROM CRA ACCT. 640001. Board Chair Hernandez: The first item on the agenda is item number three, renewal of Professional Services Agreement with the National Development Council, Inc. We have a representative of this consulting firm that has represented us in the past. If he can step up to the microphone, I would like to.. Board Member Plummer: What's the recommendation of the Chairman? Board Chair Hernandez: The recommendation is that we are to enter into an agreement with them for fifty thousand dollars ($50,000). It used to be one hundred thousand dollars ($100,000). They have cut their fees in half but have sweetened the pie by, as far as I know, it's interesting what he brings to the table which is, he will mention it today. Board Member Plummer: No, he's not. I move it. 5 July 10, 1997 Board Chair Hernandez: All right. Board Member Gort: Second. Board Member Carollo: Any statements you would care to make? Board Member Plummer: If he wants to talk, he'll just talk himself out of money. Board Member Carollo: Any statements you would care to make on this? Mr. Herb Bailey (Executive Director/Community Redevelopment Agency): No. Board Member Carollo: OK. Board Chair Hernandez: All right, all those in favor say "aye." The Commission (Collectively): Aye. Board Chair Hernandez: All those against? We got a unanimous vote. The following motion was introduced by Board Member Plummer, who moved its adoption: SEOPWA/CRA MOTION NO. 97-5 A MOTION AUTHORIZING THE ADMINISTRATION TO ENTER INTO A RENEWED PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEVELOPMENT COUNCIL, INC., IN THE AMOUNT OF $50,000. Note for the Record: SEOPW/CRA M-97 (above) was later modified by making same subject to no objection being received from the Advisory Committee to the Community j Redevelopment Agency within the next seven days Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Board Member Joe Carollo Board Member Tomas Regalado Board Member J.L. Plummer, Jr. Board Member Wifredo Gort Board Chair Humberto Hernandez I NAYS: None. ABSENT: None. Board Member Plummer: Excuse me, just for the record. I am assuming that all of this has gone before the Board? Board Member Gort: Right. Board Chair Hernandez: This has gone before the board of the CRA (Community Redevelopment Agency). Ms. Kluger. Mr. Bailey: This is the CRA's board. 6 July 10, 1997 Board Member Plummer: I understand, but have all of these items have been at one time before the board? Mr. Bailey: The CRA board? Board Member Plummer: Yeah. Mr. Bailey: That's what we are doing... Board Member Plummer: Well, I am sorry, excuse me. Board Chair Hernandez: He means the members of the.. Board Member Plummer: We established a board of citizens to review all of the projects and then bring to us. Mr. Bailey: This has been back... This has been before the Overtown Board. This is the third time it's been back before this board and it was presented at an Omni Board meeting. This is another submission we are making. Board Member Plummer: OK, all I am saying is... Mr. Bailey: It has been discussed at both boards. Board Member Plummer: ... that this has had public exposure prior to coming to us. Mr. Bailey: Oh, yes. Twice before. Board Member Plummer: OK. Ms. Eleanor Kluger: I have a little disagreement with the procedures that we have. I am the recent elected chairman of the OMNI Advisory Board. And, yes, when you were present, we did discuss this. Board Member Gort: Name and address, please. Ms. Kluger: My name is Eleanor Kluger, 1310 Northeast 1st Avenue, and also a resident of Venetian Causeway. My objection is not with hiring the National Council. My objection is not having been notified of this particular which is a... bringing to a vote now. And, someone in our committee, we have a 14 member board. And, someone received a phone call yesterday that there might be something going on here and it took me about an hour to find out that yes, there was. And, thanks to Herb's staff I did get this. But, we did not get a chance to have a vote ourselves on this. So, I cannot offer any opinion from our particular board whether we are in favor or not in favor. Board Member Plummer: No, this is for the CRA in total. Ms. Kluger: And, it seems that most of the things that have been done have to do with the Overtown area and they seem to be in favor of this, so I am not here to make an objection to your rulings, only to make an objection to the procedures. And, I understand that we are a new board and this is a new way of doing things, but I would request a one week notification and a detailed paper on what is involved and so that I can bring it before my board and we can have a vote and we can then send the paper to you. 7 July 10, 1997 I�. rsF� Board Member Plummer: Well, let me tell you how we do that. We make it... My motion is now corrected to say that this CRA board moves this item and if no objections are registered with a seven day period, it is approved. I move it in that form, Mr. Chairman. Board Chair Hernandez: Is there a second? Board Member Gort: I second. Board Member Carollo: It's been second. Board Member Regalado: But, providing that they will analyze and vote. Ms. Kluger: We have no objection, right at this moment. It's... Board Member Plummer: If there is an objection it would come back before us. Board Chair Hernandez: Right, within seven days. So, we have a motion, we have a second by Commissioner Gort. All those in favor say "aye." The Board (Collectively): Aye. Board Chair Hernandez: All those against. The following resolution was introduced by Board Member Plummer, who moved its adoption: SEOPWA/CRA RESOLUTION NO.97-6 A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE EXECUTIVE DIRECTOR OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGREEMENT, WITH THE NATIONAL DEVELOPMENT COUNCIL, INC. TO PROVIDE SERVICES IN CONNECTION WITH SECURING FINANCING FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT PROJECTS, IN AN AMOUNT NOT TO EXCEED $50,000; FURTHER AUTHORIZING COMPENSATION FROM FUNDS AVAILABLE IN THE COMMUNITY REDEVELOPMENT AGENCY ACCOUNT (PROJECT NO. 640001). Note for the Record: SEOPW/CRA R97-6 (above) passed subject to no objection being received from the Advisory Committee to the Community Redevelopment Agency within the next seven days. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 8 July 10, 1997 Iti N Upon being seconded by Board Member Gort, the resolution was passed and adopted by the following vote: AYES: Board Member J.L. Plummer, Jr. Board Member Wifredo Gort Board Chair Humberto Hernandez Board Member Tomas Regalado Board Member Joe Carollo NAYS: None. f ABSENT: None, --------------------------------------------------------- ------------------------------------------------------ 4. APPROVE SALE OF MARGARET BROWN APARTMENTS AT 269 N.W. 8TH STREET, TO BETHEL AME CHURCH. ---------------------------------------------------------------------------------------------------------------- Board Chair Hernandez: Item number four which is the sale a CRA (Community Redevelopment Agency) owned property known as Margaret Brown Apartments located at 269 Northwest 8th Street to the Bethel A.M.E. Church. This is something that we have discussed in the past. My recommendation is to pass on this property which is owned... Board Member Plummer: Move it. Board Chairr Hernandez: Is there a second? Board Member Regalado: Second. Board Member Gort: Second. Board Chair Hernandez: We have a motion by Commissioner Plummer, second by Commissioner Regalado. All in favor, say "aye." The Board (Collectively): Aye. Board Chair Hernandez: All those against? Unidentified Speaker: Thank you. Board Chair Hernandez: You are welcome. 0 July 10, 1997 :� s The following resolution was introduced by Board Member Plummer, who moved its adoption: SEOPWA/CRA RESOLUTION NO. 97-7 A RESOLUTION, WITH ATTACHMENTS, OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") APPROVING THE TERMS OF THE SALE OF A CRA OWNED PROPERTY, LEGALLY DESCRIBED AS LOT 12, IN BLOCK 35, OF NORTH CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT "B" AT PAGE 41, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TO GREATER BETHEL A.M.E. CHURCH, LOCATED AT 269 N.W. 8TH STREET, MIAMI, i FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member J.L. Plummer, Jr. Board Member Wifredo Gort Board Chair Humberto Hernandez Board Member Tomas Regalado Board Member Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 5. AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS CONVEYING CRA VACANT PARCELS TO BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. -- FOR ONE DOLLAR -- FOR CONSTRUCTION OF ANCILLARY BUILDING FOR HISTORIC LYRIC THEATER AT 819 N.W. 2 AVENUE, MIAMI. Board Chair Hernandez: Item number five is in reference to the transfer of the CRA (Community Redevelopment Agency) owned property to the Black Archives of South Florida for the expansion of the historic Lyric Theater structure. Board Member Plummer: Move it. Board Member Gort: This is the float loan. Board Chair Hernandez: Right. Board Member Plummer: I move it. Board Chair Hernandez: There is a motion by Commissioner Plummer, is there a second? 10 July 10, 1997 Board Member Gort: Second. Board Chair Hernandez: Second by Commissioner Gort. All those in favor say "aye." The Board (Collectively): Aye. Board Chair Hernandez: All those against? Unanimous vote. The following resolution was introduced by Board Member Plummer, who moved its adoption: SEOPWA/CRA RESOLUTION NO. 97-9 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS FOR CONVEYANCE OF TWO CRA- OWNED VACANT PARCELS APPROXIMATELY 7,546 SQUARE FEET, LEGALLY DESCRIBED AS S.W. WHITE SUBDIVISION, BLOCK 36, PLAT BOOK B-34, LOTS 28, 21, AND SOUTH 18.6 FEET OF LOT 20, (FOLIO NUMBERS: 01-0103-060-1181 AND 01-0103-0601130) TO THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., FOR ONE DOLLAR ($1.00), FOR THE PURPOSE OF CONSTRUCTING AN ANCILLARY BUILDING AND OTHER SUPPORTING USES FOR THE HISTORIC LYRIC THEATER, LOCATED AT 819 NORTHWEST 2ND AVENUE, MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gort, the resolution was passed and adopted by the following vote: AYES: Board Member J.L. Plummer, Jr. Board Member Wifredo Gort Board Chair Humberto Hernandez Board Member Tomas Regalado Board Member Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 6. DEFER CONSIDERATION OF AGENDA ITEM 6 (PROPOSED AGREEMENT WITH RELATED HOUSING INC. -- FOR PROVISION OF UP TO $2,000,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FLOAT FUNDS TO FINANCE PROPOSED LYRIC VILLAGE TOWNHOUSE PROJECT AT N.W. 1 AND 2 AVENUES AND 8 AND 10 STREETS). ---------------------------------------------------------------------------------------------------------------- Board Chair Hernandez: Item number six is a proposed City Commission agenda item for two point million dollars ($2,000,000). Do we take this on today? Isn't this on the regular agenda item? Mr. Herb Bailey (Executive Director/CRA): It is on the regular agenda. We normally bring it before the CRA(Community Redevelopment Agency) Board for discussion and then it goes on 11 July 10, 1997 al I �q .i ^Ffrr1 'Re 1 to the regular City Commission agenda. We hope that would be on the next City Commission agenda. And, it is an item but, Related Housing has agreed to provide the necessary CD (Community Development) float that guarantees the City's construction loan that they are making. Board Member Carollo: You said Related Housing? Mr. Bailey: It's Related Housing and St. John's, yes. Board Member Carollo: OK. Mr. Bailey: Yes, it's for the 96 units that we are building over the Lyric Village for the homeownership. Board Member Carollo: All right. Board Chair Hernandez: So, it's proper procedure for us to approve it as a CRA board and then hear it out in a regular Commission? Mr. Bailey: And, then you will hear it again at the next Commission meeting. Board Member Gort: This is... Board Chair Hernandez: Next Commission meeting? Mr. Bailey: Yes. Board Chair Hernandez: It's on this agenda today, isn't it? Mr. Bailey: It's not on the City Commission agenda today. This is just a CRA. Board Member Plummer: Well, wait a minute. What is the housing on the City Commission agenda, today? There is a proposal. Mr. Bailey: There is a personal appearance I believe by St. John... Board Member Plummer: Correct. Mr. Bailey: ... to discuss the merits of providing them with certain assistance for the housing project. Board Member Plummer: But, that has nothing to do with this? Mr. Bailey: It's not on this agenda. It's on your agenda. Board Member Plummer: I move that item six be deferred. Board Chair Hernandez: Is there...? Board Member Carollo: There is a motion, there is a second. Board Chair Hernandez: There is a motion, there is a second. All those in favor say "aye." The Commission (Collectively): Aye. 12 July 10, 1997 The following motion was introduced by Board Member Plummer, who moved its adoption: SEOPWA/CRA MOTION NO. 97-9 A MOTION TO DEFER CONSIDERATION OF CRA AGENDA ITEM 6 (PROPOSED AGREEMENT WITH RELATED HOUSING INC., FOR PROVISION OF UP TO $2,000,000 IN COMMUNITY DEVELOPMENT BLOCK GRAND FLOAT FUNDS, IN THE FORM OF A LOAN TO FINANCE THE CONSTRUCTION OF 24-UNIT PHASE ONE DEVELOPMENT OF THE PROPOSED LYRIC VILLAGE TOWNHOUSE PROJECT LOCATED AT NORTHWEST 1 AND 2 AVENUES AND 8 AND 10 STREETS). Direction to the Executive Director: by Board Member Plummer reiterating a policy that in the future, no item can come before the CRA Board unless the Advisory Committee to same hears said matter five days prior to scheduled meeting date. Upon being seconded by Board Member Carollo, the motion was passed and adopted by the following vote: AYES: Board Member J.L. Plummer, Jr. Board Member Wifredo Gort Board Chair Humberto Hernandez Board Member Tomas Regalado Board Member Joe Carollo NAYS: None. ABSENT: None. ------------------------------------------------------------- --------------------------------------------------- 7. DIRECT EXECUTIVE DIRECTOR TO BRING BEFORE CRA BOARD ONLY ITEMS THAT HAVE BEEN REVIEWED BY CITIZENS REVIEW BOARD -- FURTHER DIRECTING EXECUTIVE DIRECTOR TO ENFORCE LOT CLEARING ORDINANCE IN CRA AREAS. ---------------------------------------------------------------------------------------------------------------- NOTE FOR THE RECORD: Item number seven was withdrawn. Board Chair Hernandez: Item number seven was withdrawn and if there are any other items that...? Board Member Plummer: Seven was withdrawn? Board Member Carollo: Yes. Board Chair Hernandez: Item seven has been withdrawn. 13 July 10, 1997 }$Z Board Member Plummer: I move we adjourn. Board Chair Hernandez: Is there a second? Board Member Carollo: There is a motion, there is second. Board Chair Hernandez: There is a motion, there is a second. All those in favor, say "aye." The Commission (Collectively): Aye. Board Chair Hernandez: The CRA meeting is... Board Member Plummer: Mr. Chairman, I want to tell you what a great meeting you run. Board Chair Hernandez: Thank you. Board Member Plummer: But, let me also give a word of caution. I thought and I hope we understand that we form this Citizens Board to do the review so that when items do come before this CRA Board they have had the opportunity to go through them. That in fact, they have trashed them out, which is what they are doing for us, to give us more insight and more particular, their recommendations. We are not bound by their recommendations but at least we get them to go through the mechanics as we do with the Zoning Board, with the Planning Board, and they come to us, they have done half the work for us. So, I would hope that, Mr. Bailey, that in the future that no item comes before this CRA that has not gone before that panel that we put together for that purpose with at least a five day notice prior to being here. Mr. Bailey: We will send them a package. Board Member Gort: Let me ask you a question. Mr. Bailey: Yes. Board Member Gort: My understanding is the... We had two, in Overtown we had the Overtown Advisory Board that advised us, the CRA, am I correct? Mr. Bailey: Right. Board Member Gort: Then at the Omni we have another board. Mr. Bailey: Yes. Board Member Gort: OK. Now, the CRA acts as one or two individual CRAs? Mr. Bailey: You act as two separate CRAs but one body because of the way the legislation is structured. Therefore, item pertaining to Omni and to Overtown will come before you. We will issue the agenda and all the information to each board member, each community board member at the same time we issue it to you. Board Member Gort: No, I understand that. But, my question was, that if we were going to have Overtown items is this going to go to the two boards or just one board? This is what we would like to... Mr. Bailey: We will send everybody all of the information in case they want to... 14 July 10„ 1997 0 r Board Member Plummer: Should be, they are tied together. Board Member Gort: OK. I Mr. Bailey: Yes, both of them. Everybody will get all of the information Board Member Gort: OK. Thank you. Board Member Plummer: By the way, Mr. Chairman, if you are not aware, I have brought to the attention of the management, at least four different places that need demolishing. Our good Mayor, driving the bulldozer did in fact get one of them on North Miami Court. There is three more, one of them I noticed yesterday when I drove down there, in fact, they were trying to board it up and trying to fix it up. I doubt that they are going to be able to do it but I think we need to... No, I am not driving a bulldozer. Anybody who drives bulldozer loses the next election. I am not driving a bulldozer. No. Board Member Carollo: Not this year, Commissioner, not this year. I am a Piscis. Board Member Plummer: OK. But, I just want to commend the administration for their work and their trying efforts in trying to do the demolition of these places that are absolutely used for no benefit whatsoever. And, in particular in that area that you are CRA. Board Member Carollo: Let me explain to you what has been happening. In the past, the procedures that we had to follow were quite consuming and it would take at times a year and over a year before we could demolish one of these crack dens. What we have done is, we have expedited it to the full extent of the law that we can where immediately when we identified a place that is being used as a crack den to consume and sell we are notifying the owners, we have to give them 30 days notification. And, if they don't take care of the situation themselves, then within days after the 30 days are up, we are going out there and demolishing them. We have quite a long list right now that many will be coming up during the week. In fact, each week he anticipate that we are going to be knocking crack houses down. So, we are moving a lot quicker that this City ever has on that. Board Member Plummer: Where did Mr. Bailey go? Mr. Chairman of CRA, you are aware that we have passed a new ordinance and modeled after the County ordinance in reference to people cleaning up their lots? Board Chair Hernandez: Right. Board Member Plummer: CRA district cries out for that ordinance to be put into effect. If people don't clean their lots or mow their grass, the City will go in and do it for them and send them a bill or a lien. So, I would hope that CRA, Mr. Bailey? Herbert? I would hope that CRA would take advantage of that which has recently been passed in reference to the authority of the City to go in and clean lots and send the people a bill. I think it's every 90 days or every six months. If they don't do it we do it for them. And, as I drive around that CRA district yesterday, that ordinance cries out for implementation in CRA. Mr. Bailey: All right. We are working through... Board Chair Hernandez: OK, Commissioner, I will be on top of that. This meeting is now adjourned. 15 July 10, 1997 u r THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUE AT 9:27 A.M., IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. ---------------------------------------------------------------------------------------------------------------- 8. MAKE BAYFRONT PARK AND SAPPORO, JAPAN'S MOERE NUMA KOEN PARK SISTER PARKS -- SEE LABEL 2. Mayor Carollo: OK, the CRA meeting is now adjourned, so now we are going to return to our regular Commission meeting. Vice Mayor Regalado: Mr. Mayor. Mr. Mayor, I believe that we have a person for the proclamation. Mayor Carollo: Before... OK, before we do that Vice Mayor, if I may, Vice Mayor, we will take that right up. As a courtesy to a very distinguished guest from Japan that have come a very long way to make Bayfront Park sister cities with Moere Numa Park in Sapporo, Japan, I would like to take out of order item four. And, if I may ask Kathy Rahill to address the Commission on item four. Ms. Kathy Rahill: I am not quite sure, if this is official... Mayor Carollo: Well, this is the personal appearance Kathy... Commissioner Plummer: Let me make it easy. Mayor Carollo: ... so that you could give us whatever insight along with the Vice Mayor on making both parks sister cities so that this Commission could take action and approve it today. Commissioner Plummer: You want me to make it easy for you? Ms. Rahill: OK. It's OK, I think I can... Commissioner Plummer: I move it. Commissioner Hernandez: Second. Ms. Rahill: Thank you, very much. Thank you. Mayor Carollo: There is a motion, there is a second. Would you like to make any additional statements Mr. Vice Mayor? Ms. Rahill: [COMMENTS IN JAPANESE] Mr. Hiroyuki Ishihara: [COMMENTS IN JAPANESE] Thank you, very much. Ms. Rahill: I don't have to translate that, do I? Mayor Carollo: Not at all. Thank you very much, Vice Mayor Ishihara. 16 July 10, 1997 4. Ms. Rahill: Thank you all, very much. Mayor Carollo: OK. There is a motion, there is a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." It passes unanimously. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-449 A RESOLUTION DESIGNATING THE CITY OF MIAMI'S MILDRED AND CLAUDE PEPPER BAYFRONT PARK AND MOERE NUMA KOEN, A PREMIERE PARK LOCATED IN THE CITY OF SAPPORO, JAPAN, AS THE WORLD'S FIRST SISTER PARKS." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 9. PROCLAMATION: CLARA ROTETA DAY- FOR HEROIC ACT. Mayor Carollo: OK, now we are back to the item the Vice Mayor wanted to bring up. Vice Mayor Regalado: Yes. Mr. Mayor, it's a presentation... Mayor Carollo: OK. Vice Mayor Regalado: ... for a resident of Miami. Clara Roteta, would you please...? Mayor Carollo: OK, this is the last presentation that we had this morning. Vice Mayor Regalado: Mr. Mayor, this is a very special presentation because it shows what the people of Miami are all about. On June 1st, of this year Mrs. Clara Roteta rescued Joanna Sanchez on a beach in Tavernier, here in the Florida Keys. And, she is a therapist, works in the hospital. And, she became a hero when she pulled Joanna, 20 months old, from the water and breathed life back into her lungs. Her family and everybody there recognized this and this is why the Mayor of the City of Miami, Joe Carollo, has declared Clara Roteta Day. [APPLAUSE] 17 July 10, 1997 i END OF PRESENTATION -- NO ACTION TAKEN Mayor Carollo: OK, now we are back to item B, on the agenda. Approving the minutes of the following meetings. NOTE FOR THE RECORD: At this point, the following meetings were approve pecia eeting of December 19, 23, 30, 1996. Commissioner Plummer: Move it. Mayor Carollo: It's been moved by Commissioner Plummer, second by Commissioner Hernandez. All those in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." ---------------------------------------------------------------------------------------------------------------- 10. CONSENT AGENDA. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We are on the Consent Agenda. CA-1 through CA-9, if the Commissioners can so look at the Consent Agenda and if anyone wants to pull any items out, please... Commissioner Hernandez: I move it, Mr. Mayor. Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, before you move it... Mayor Carollo: Anyone from the public that would like to address this body, on the consent agenda... Yes. Mr. Jones: Excuse me, Mr. Mayor, on CA-5, the resolution -- excuse me - that you have in your packet makes an award to three companies. I have been informed by the Chief Procurement Officer that one of those companies, Edu-Tech, yesterday withdrew their bid. Therefore, the administration wishes to award that which would have gone to Edu-Tech to Atlantis. So, I have a substitute resolution wherein Atlantis will get two and Tarafa will get one. Mayor Carollo: OK, we will duly note that on CA-5. Now, if there is anyone from the public besides Mariano that will be the first one, that will like to address this body on any items in the Consent Agenda, please come up. Mariano, your name and address. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida 33142. One thing I say here, please state name and address. I have watching many of the meetings lately and I see people here, I mean that regulation is not enforced. I like to know especially the Blue Ribbon Committee, I mean, the people where they live, you know, not where they work. Because I see many more residents come here, coming here to speak and make sure they are residents of the City because we are the ones that vote in the City. And, they come here especially on the parks issue, I see a lot of money, I mean, going there and all that. But, you know, many of the times the money goes, the facilities are there and the people can't use them. 18 July 10, 1997 0 Because I visit Allapattah-Comstock just the other day. I go by there every day but sometimes I stop and see it and I look at many of the gazebos, I mean, it can't be used because the homeless taking over there. And, the City have a homeless office, plus we get money from the McKinney Act; Community Development get money; HUD (Housing and Urban Development) money; the food and beverage tax from the County, the Homeless Trust and nothing is done there. People were talking about fencing those gazebos. No, we shouldn't be fencing them, we should be... Why should be fence our things there? No - the place to use it. Because you go there, I talk to one of the workers there, Tito Polanko (phonetic) and he told me the place was there and he helped to hose it because the people threw all the feces right there, in front of the people. So, what's the sense sometimes of putting the money, investing the money there when people can't use the facilities? That's the question because sometimes you stay here but you don't go there. Like this morning when I get up I still see the trash that was put outside from Monday night, still out there. You know why? Because the money is being used in another level of bureaucracy. Now, they got GSA (General Services Administration) and Solid Waste, another level. And, they are not hiring enough people to actually pick up the garbage and repair the equipment that's needed to pick up the trash. And, you know what happen when people see that trash there, the people come and dump it. And, my wife get up with me and say "Look at your City, how beautiful. We should be living in Pembroke Pines, not here." That's what she tell me and I say no, I am going to stay here, thank you. Mayor Carollo: Thank you, Mariano. Anybody else that would like to address this Commission? Commissioner Plummer: Mr. Mayor, I will be asking questions later on 41 and 42 of the regular agenda simply because it's lighting of parks. And, the question that I am going to have of the administration later is one for forty thousand dollars ($40,000) and the other is three times that amount of money and I would like to know why. So... It's also Buena Vista Park and that's why it's tied into this item number CA-5. One is forty thousand and the other is one hundred and forty thousand for rough numbers. Vice Mayor Regalado: As a point of clarification to Mariano and to the City of Miami, the gazebos in Comstock Park will be fixed. There is money available from the recreation center and the gazebos will be fixed. And, somehow, somehow we are going to have to either fence or have an employee because we are planning to have a sort of a domino park... Mr. Cruz: Yeah, I know. Vice Mayor Regalado: ... in Comstock Park. Mr. Cruz: No, that's one of the things, if the people from Three Towers can come there and interact with the children. Vice Mayor Regalado: Right. Mr. Cruz: That's what we are trying to do there, you know. Vice Mayor Regalado: But, you are right. Mr. Cruz: People from the neighborhood to use our park. Vice Mayor Regalado: But, you are right. Commissioner Gort: But, I think it's also important in that park and the Parks Department should take note of this, if people rent the gazebo, then you have the right to... whoever is in 19 July 10, 1997 44 there to get them out. That's one way to do it. Somebody... you rent the gazebo to the Three Towers or to an institution and then the parks will have the right to get those individuals out because that has been rented out, OK. Vice Mayor Regalado: And, there is also a problem with the lights in Comstock Park. Some of the lights are turned away from the field. Mr. Cruz: Yeah, since Andrew, since Andrew, probably. (phonetic) Vice Mayor Regalado: Yeah, yeah. i Mr. Cruz: And, one thing I try to get the Police Department to use the park, to go there and write the reports and have more police visibility. Because many times they go to the corner of Juanito (phonetic) Station on 17th and 28th, when they could go there, they have a nice building, phone, restroom, everything there, it could add to the police visibility, going to the park. Mayor Carollo: OK, is there any items on the Consent Agenda that...? Commissioner Plummer: I move the Consent Agenda. Mayor Q: rollo: It's been moved by Commissioner Plummer. Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. i NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION,A D TERMINED THAT ANY CONSENT AGENDA ITEM, WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR i FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED, AS A REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA. f. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER HERNANDEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 20 July 10, 1997 10.1 ACCEPT BID: TOTAL AIR SERVICES, INC. -- FOR AIR CONDITIONING SYSTEM FOR PARKS AND RECREATION -- ALLOCATE FUNDS, $11,520, FROM ACCT. 589301-860, CIP PROJECT 331310. RESOLUTION NO. 97-450 A RESOLUTION ACCEPTING THE BID OF TOTAL AIR SERVICES, INC., FOR THE FURNISHING AND INSTALLATION OF AN AIR CONDITIONING SYSTEM AT THE STEPHEN P. CLARK BUILDING FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A COST OF $9,520.00, WITH A $2,000.00 CONTINGENCY ALLOWANCE, FOR A TOTAL OF $11,520.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 589301-880, CAPITAL IMPROVEMENT PROJECT NO. 331310; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on tile in the Office of the City Clerk.) 10.2 ACCEPT BID: EDU-TECH, INC -- FOR BLEACHERS AT WILLIAMS PARK -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS $19,290 FROM CDBG ACCT 589301-860, CIP PROJECT 33151, RESOLUTION NO. 97-451 A RESOLUTION ACCEPTING THE BID OF EDU-TECH, INC., FOR THE FURNISHING AND INSTALLATION OF BLEACHERS AT WILLIAMS PARK FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL COST OF $19,290.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUND, ACCOUNT CODE NO. 589301-880, CAPITAL IMPROVEMENT PROJECT NO. 331351; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 21 July 10, 1997 ,aft 'F�x4!�Ut:a all L.. 10.3 ACCEPT BID: BEST'S MAINTENANCE & JANITORIAL -- FOR CUSTODIAL SERVICES FOR DAY CARE AND DISABILITIES PROGRAM -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS, $4,740 FORM GSA ACCT. 513000.421001.6.340. RESOLUTION NO. 97-452 A RESOLUTION ACCEPTING THE BID OF BEST'S MAINTENANCE & JANITORIAL, FOR THE FURNISHING OF CUSTODIAL SERVICE FOR DAY CARE AND DISABILITIES PROGRAM, FOR THE DEPARTMENT OF PARKS AND RECREATION, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED TOTAL ANNUAL COST OF $4,740.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ACCOUNT NO. 513000.421001.6.340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10.4 ACCEPT BIDS: WHOLESALE EMPORIUM OF FLORIDA, OSHER OIL COMPANY AND B.V. OIL COMPANY -- FOR OILS AND LUBRICANTS FOR GSA AND FIRE - RESCUE -- ALLOCATE FUNDS, $52,000, FROM GSA ACCT. 509000.420901.6.713 AND FIRE -RESCUE 001000.280701.6.713. RESOLUTION NO. 97-453 A RESOLUTION ACCEPTING BIDS FOR THE FURNISHING OF OILS AND LUBRICANTS FROM WHOLESALE EMPORIUM OF FLORIDA, OSHER OIL CORPORATION, AND B.V. OIL COMPANY, FOR A TOTAL PROPOSED ANNUAL AMOUNT OF $52,000.00, FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION AND FIRE RESCUE, ON AN AS NEEDED BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION, 1998-97 OPERATING BUDGET, ACCOUNT j CODE NO. 509000.420901.6.713 AND FIRE -RESCUE, ACCOUNT CODE NO. 001000.280701.6.713; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 22 July 10, 1997 10.5 ACCEPT BIDS: ATLANTIS CONSTRUCTION OF SOUTH FLORIDA / TARAFA GENERAL CONTRACTOR, INC. -- FOR FURNISHING / INSTALLATION OF PLAYGROUND EQUIPMENT AND CONCRETE SLABS RESPECTIVELY AT VARIOUS CITY PARKS -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS, $69,948.53 FROM CDBG ACCT. 589301-860 AND CIP PROJECT 331407, 331409, 331379, 331360 AND 331398 RESOLUTION NO. 97-454 A RESOLUTION ACCEPTING THE BIDS OF ATLANTIS CONSTRUCTION OF SOUTH FLORIDA, INC., FOR THE FURNISHING AND INSTALLATION OF PLAYGROUND EQUIPMENT AT NORTH BAY, WEST BUENA VISTA, AND MERRIE CHRISTMAS PARKS, AND TRASH RECEPTACLES AT ALLEN MORRIS PARK, IN THE AMOUNT OF $63,573.AND TARAFA GENERAL CONTRACTOR, INC., FOR THE FURNISHING AND INSTALLATION OF CONCRETE SLABS AT SHENANDOAH PARK, IN THE AMOUNT OF $7,250.00, FOR A TOTAL COST OF $70,823.53, FOR THE DEPARTMENT OF PARKS AND RECREATION, ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRAND FUNDS, ACCOUNT CODE NO. 589301-860, CAPITAL IMPROVEMENT PROJECT NOS. 331407, 331409, 331379, 331360, AND 331398; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10.6 ACCEPT BIDS: L&L DISTRIBUTOR -- FOR TRUNK ORGANIZERS FOR POLICE -- ALLOCATE FUNDS, $7,287.50 ACCT. 503001.291301.6.722. RESOLUTION NO. 97-455 A RESOLUTION ACCEPTING THE BID OF L & L DISTRIBUTOR, FOR THE FURNISHING OF TRUNK ORGANIZERS, ON AN AS NEEDED BASIS FOR ONE (1) YEAR, AT A TOTAL PROPOSED AMOUNT OF $7,287.50, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE; FLEET SERVICE CENTER GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 503001.291301.6.722; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 23 July 10, 1997 }fq�, N 10. 7 APPROVE BASKETBALL COURTS AT JOSE MARTI PARK BY AAA COURTS, INC -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS, $53,829, FROM CDBG ACCT. 589301-860 AND CIP PROJECT 331385. RESOLUTION NO. 97-456 A RESOLUTION APPROVING THE FURNISHING AND INSTALLATION OF BASKETBALL COURTS AT JOSE MARTI PARK BY AAA COURTS, INC., UNDER EXISTING DADE COUNTY CONTRACT NO. 1153-0/98, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL COST OF $53,829.00; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT BLOCK GRAND FUND, ACCOUNT CODE NO, 589301-860, CAPITAL IMPROVEMENT PROJECT NO. 331385; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 10.8 ACCEPT PLAT: CUSI SUBDIVISION. RESOLUTION NO. 97-457 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED: CUSI SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN i WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ---------------------------------------------------------------------------------------------------------------- 11. RATIFY / APPROVE / CONFIRM / SOLE SOURCE FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE REFURBISHMENT OF TWO AERIAL TRUCKS -- FOR FIRE -RESCUE -- BY SIMON LADDER TOWERS, INC -- ALLOCATE FUNDS NOT TO EXCEED $782,820, FROM GENERAL FUNDS PROJECT 001000.920707.6650.84019. Mayor Carollo: Now, we are on... Commissioner Plummer: I move item two. Commissioner Hernandez: Second. 24 July 10, 1997 '4� Commissioner Gort: The aerials. Mayor Carollo: There is a motion for item two, there is a second. All in favor signify by saying Itaye .11 The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-458 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE REFURBISHMENT OF TWO (2) EXISTING AERIALS TRUCKS FOR THE DEPARTMENT OF FIRE - RESCUE BY SIMON LADDER TOWERS, INC., AT AN AMOUNT NOT TO EXCEED $782,820.00; ALLOCATING FUNDS THEREFOR FROM GENERAL FUNDS PROJECT NO. 00100.920708.6650.84019; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID REFURBISHMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 2"M 25 July 10, 1997 -------------------------------'-----------------'---------------------------------------------------------------- 12. RESCIND R 96-631 AUTHORIZING SECTION 108 LOAN APPLICATION FOR $1.5 MILLION TO US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) -- SUBSTITUTE AUTHORIZING MANAGER TO SUBMIT APPLICATION FOR 108 LOAN GUARANTEE FOR $2,000,000 -- FOR FINANCING OF FLAGLER MARKETPLACE. Mayor Carollo: We are in item number three. Commissioner Gort. Commissioner Gort: Mr. Mayor, item number three, if you re -call, we made a commitment to the Downtown Miami to apply the corp. The County has put into this project about fourteen million dollars ($14,000,000) to try and scale it down. The County is putting quite a bit into it and the... and also the State and we are going to convert Flagler Street in the downtown area into a two-way street. We are bringing a traffic study into that area. At the same time, the only way we can do some of the beginning of the funding is through the CDBG (Community Development Block Grant) loan flow guaranteed by the DDA (Downtown Development Authority), staff but also working very closely with administration because a commitment was made about two years ago. And, I believe that the CDBG funds to be... to pay for these loans or should be in the future. I have to take this because we had to bring it in today, but this would have to be subject to the approval of the Board of Directors of the DDA. Commissioner Plummer: Let me ask a question. Commissioner Gort: Yes, sir. Commissioner Plummer: How is this loan going to be repaid? Commissioner Gort: Well, my understanding is, we at the DDA will be making a commitment, I have got to bring this to the Board of Directors of DDA. Commissioner Plummer: OK, and I think... The reason I am asking the question... Commissioner Gort: Yes. Commissioner Plummer: I think it's very, very important that if it is to be understood that this City Commission ever changes the millage allocation to the DDA, that it would put this loan in jeopardy. And, I think that's... It's got to be understood that once you do this, in effect you are locking in DDA for at least a 20-year period. Am I correct? Commissioner Gort: It is also correct. But, it is also understood in conversation we had with the administration, this is a commitment that was made a long time ago. Commissioner Plummer: I have no problem with it. It's just... Commissioner Gort: The commitment that was made with CDBG funds, we are going to be utilized to fix that street. Commissioner Plummer: Mr. Gort, I will remind you, sir, that there was a move af000t about a year or two ago to eliminate DDA, you remember? And, I am saying is that it's got to be understood, and I am tickled pink that this is going to lock in DDA, a very important function of this City, but, I think that if the ugly head every rises ahead again, that says let's eliminate DDA, somebody has got to say who is going to pay off these bonds, these loans. 26 July 10, 1997 Commissioner Gort: Right. Vice Mayor Regalado: Commissioner, what about if the board rejects this proposal? What...? Commissioner Gort: Well, if the board rejects this, then, we have to come back to the administration and find a way to do it, because that's the commitment that we made. The one thing that we have to realize is that downtown Miami becomes the center, more liveable. They pay 33 percent of the taxes. And, one of the things they talk about all the time is they don't get the services. The reason that all these plans are coming together is to try to improve the area and we have more houses going into that area and this is one of the reasons we want to do it. Commissioner Plummer: Just be careful, it's in my district. Commissioner Gott: That's right. Commissioner Hernandez: I was told there was a 20-year term on the repayment, is that what we are looking at? Commissioner Gort: Correct. Commissioner Plummer: Do you recommend it, Mr. Chairman? Commissioner Gort: Yes, I do. Commissioner Plummer: Do you move it? Commissioner Gort: Yes. And, I have to take it to the board, yes. Commissioner Plummer: Then, I second it. Mayor Carollo: There is motion and there is a second. Mariano, would you like to address the Commission? Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I sit on the board of the Citywide Community Development Advisory Board, elected by my community there. And, even Mr. Gort is one of my constituents. He live there in Allapattah, right? And, I say, I would like to know more specifically about this because here, what bothers me here is to be repaid from future Community Development Block Grants. So, that means that somewhere, someway they will be taking money away from Peter to pay Paul. And, that's like they took... We vote seventy-seven thousand dollars ($77,000) for the study of the market, the produce market, and they reallocate the money for the Tower Theater. I mean, both... I mean, the Tower is a good project but, we got problems there in that, the produce market that should be studied a long time ago because that... And, by the way, Allapattah is the second area paying tax in the City after downtown, because it's not just... Commissioner Gort: Especially the 20th Street district has come a long way. Mr. Cruz: Right, it's coming. Commissioner Gort: A lot of the people downtown are moving into the 20th Street. Mr. Cruz: So, I would like now to find exactly, just about if the benefits in the neighborhood because you talking about service. We are not getting our share of services. How can we...? we 27 July 10, 1997 0 are not getting it. I mean, since Monday night, you know what, you street is clean because I went by there this morning. Commissioner Dort: No, it's not. 1 Mr. Cruz: Oh, yes. There was nothing in front of your house. Commissioner Gort: No, it's not. It hasn't been picked up. Go by it now. Go by it now. Mr. Cruz: I know in front there was some... I know. But, ours you could see the amount of trash. Commissioner Gort: That's something I have to talk to that young man over there. My house hasn't been picked up in two weeks. Mr. Cruz: I know, it's... But... Commissioner Gort: So, I got a little problem myself too. So, what can I tell you, and I am a Commissioner. Mr. Cruz: OK, the only thing, I don't want to be writing him, Andrew Cuomo and let's solve this problem here. Commissioner Gort: Mariano... Mr. Cruz: I say, not at the expense of the neighborhoods. Commissioner Gort: Mariano, I got the executive director of DDA. I want here to sit down with you and explain the benefits... Mr. Cruz: I know. Commissioner Gort:... the benefits of downtown to the rest of the neighborhoods. Mr. Cruz: I know, I know, I know. The... Commissioner Gort: OK. But, I want her to explain it to you. Commissioner Plummer: You better be careful. Mr. Cruz: Yeah. Right. i i Mayor Carollo: Any further discussions or statements that... Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes. There are no "nays." 28 July 10, 1997 a'. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-459 A RESOLUTION RESCINDING IN ITS ENTIRETY, RESOLUTION NO. 96-631, ADOPTED SEPTEMBER 12, 1996, AUTHORIZING THE CITY MANAGER TO SUBMIT A SECTION 109 LOAN GUARANTEE APPLICATION IN THE AMOUNT OF $1.5 MILLION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD) AND SUBSTITUTING, IN LIEU THEREOF, THE HEREIN RESOLUTION, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO USHUD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A SECTION 108 LOAN GUARANTEE IN THE AMOUNT OF $2,000,000.00, TO ASSIST IN THE FINANCING OF FLAGLER MARKETPLACE, A PUBLIC IMPROVEMENT PROJECT OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA), FOR THE RESTORATION OF NEW CURBS AND SIDEWALKS, STREET LANDSCAPING, SIGNAGE AND OTHER STREET IMPROVEMENTS ALONG FLAGLER STREET IN THE DOWNTOWN MIAMI NEIGHBORHOOD, FURTHER PROVIDING FOR SAID LOAN TO BE REPAID BY DDA AND TO BE SECURED BY A PLEDGE, AND FUTURE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, SUBJECT TO APPROVAL BY THE BOARD OF DIRECTORS OF THE DDA. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. I I I i 29 July 10, 1997 3.t �f.�t!dw1'r -- ------------------------------------------------------------------------------------------------------------- 13. (A) DISCUSS / DEFER TO MEETING OF JULY 24, 1997 CONSIDERATION OF AGENDA ITEM 6, (REQUEST FOR FUNDING FOR PROPOSED LYRIC VILLAGE HOUSING PROJECT IN OVERTOWN) -- DIRECT ADMINISTRATION TO PROVIDE FINANCIAL INFORMATION IN REFERENCE TO SAID PROJECT. (B) INSTRUCT CITY ATTORNEY TO REVIEW LOBBYIST ORDINANCE. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Four, we just did. Five has been withdrawn. We are now in item number six, personal appearances, Mr. Donald Benjamin. Mr. Donald Benjamin: Good morning, Mr. Mayor, Commissioners. Mayor Carollo: Good morning, sir. Mr. Benjamin: My name is Donald F. Benjamin. I live at 417 Northwest 6th Street, Overtown. And, I work as Executive Director for St. John's Community Development Corporation. I made this request to appear before the Commission this morning to discuss home loan arrangement. But, I was told by the City Clerk and the City Attorney that unless I am a registered lobbyist, I cannot speak. Commissioner Plummer: Well, and the City Attorney tells me that our code needs to be changed. You are an employee of that and as such, I don't know why you would have to be a lobbyist. But, the City Attorney has opined that according to his interpretation, you would have to be a registered lobbyist. Now, Mr. City Attorney, the next question is, after we get that change made, can we waive that particular this morning for Mr. Benjamin's appearance? Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, there is no provision in there for you to waive the fees. The only danger that you do when you start waiving one then you have got people who have already paid are going to want to come back and want the same benefit that you have conferred upon Mr. Benjamin. Commissioner Plummer: Well, it seems ludicrous to me that a man is an employee of an organization cannot come here and speak of that which he represents. Now, you know, that's different... It's to me, it's a.... Hey, look, you have opined, he said no, that's the answer. So, either you come back at the next meeting, you register, that's it. I mean, I can't do any more. Mr. Benjamin: It is all right if I asked Mr. Jackson McDaniel who works with us as a pro bono developer to speak in our behalf'? Commissioner Hernandez: Well, it's considered a lobbyist. Commissioner Gort: He is going to be a lobbyist. Commissioner Plummer: No, he would be a lobbyist. Commissioner Gort: Let me ask you a question. Mr. Benjamin: He's pro bono. 30 July 10, 1997 ;J1 Commissioner Hernandez: It doesn't matter. Commissioner Plummer: He is still a lobbyist. Commissioner Gort: You know, J.L., I know we passed that. I don't have a problem with that or this gentleman. But, we having a problem if you hire someone who is an expert and he comes in front of the Zoning Board and he comes in front of us. (phonetic) Mr. Jones: There is a provision in the ordinance that allows for pro bono presentation on behalf of a community based organization. 5o as long as he is pro bono and he is speaking on behalf of the organization, that's fine. Mr. Benjamin: Jackson. Commissioner Gort: At the same time, I would like to ask you a question. We have... I am going to be build a house and I come in here and I want to make a presentation, but my architect has got to discuss the plans. Mr. Jones: In that case... Commissioner Gort: Does he have to be registered as a lobbyist? Mr. Jones: In that case, under that ordinance he would be considered a lobbyist. Commissioner Plummer: Yeah. Commissioner Hernandez: But... Mr. Jones: What I suggest to you, if you want to revisit this because several questions, I mean, we have been bombarded this week with all sorts of questions and I suppose likewise your office has to. What I can suggest is, you know, we will look at the definition again and bring, you know, bring something back to you for your consideration, for discussion purposes that would try to address the concerns that you have and obviously that a lot of the citizenry has. Commissioner Gort: I think maybe my interpretation of a lobbyist, to me a lobbyist is a person that gets paid to make a presentation. Mr. Jones: Uh-huh. Commissioner Gort: To me a lobbyist is not a professional working with an individual and has got to make statements on his work. Vice Mayor Regalado: Well, besides the issue of who is a lobbyist, we have the issue of the money. Commissioner Hernandez: Yes. Vice Mayor Regalado: One million dollars ($1,000,000). And, I was wondering if Bert will give us some details as to how much Home money we have and how much are we getting on this fiscal year on the Home program. 31 July 10, 1997 Mr. Elbert Waters (Interim Director/Community Development Department): Good morning, Mr. Mayor and members of the Commission. Mr. Vice Mayor, our total Home dollars for '97- j '98 is four million two hundred dollars ($4,000,200) of which... Vice Mayor Regalado: And, we are giving one million dollars ($1,000,000) for one single project? Mr. Waters: The request is for one million and we, staff would be recommending as such. If I may? You may recall that the Commission has approved in terms of commitments to those Home dollars. One, the Solomon Yuccan project in Overtown. This Commission committed one million two hundred and fifty thousand dollars ($1,250,000), Resolution 96-941. We have a commitment for B.A.M.E. Belafonte, I am sorry. Bethel A.M.E. in Overtown at a tune of eight hundred thousand dollars ($800,000), Resolution 96-320. We also have a commitment with Tacolcy Economic Development Corporation, forty thousand, Resolution 96-127. Those commitments total two point two nine million and in addition to that we have the City's Homebuyer Program which we setup in the account to assist those in users in purchasing affordable housing, five hundred thousand dollars ($500,000) in net amount and the administration for administering it is four hundred and twenty. That gives us a total of three point two, the balance is approximately nine hundred and ninety thousand. I am sorry. Commissioner Plummer: Four hundred and twenty -thousand for administration? Mr. Waters: Yes, sir. Commissioner Plummer: Oh, you are talking about for the total fund? Mr. Waters: For the total. Yes, sir. Commissioner Hernandez: How much monies did we have for the budget year '96-'97 in Home funds? Commissioner Plummer: Four two. Mr. Waters: Again, the amount is four million two hundred thousand, Commissioner Hernandez. Commissioner Hernandez: How much money? Mr. Waters: Say it again? Commissioner Hernandez: How much money of those four to have been distributed? Mr. Waters: Well, four million two hundred to be distributed. The commitments that we have, if I may repeat. We, this Commission has approved the Yuccan project, B.A.M.E. project and Tacolcy and they amount to two million two hundred and ninety thousand and then the balance has to do with the program what we call the Homebuyer Program. That is, we provide assistance to individuals to purchase those units, the inusers, and then the other part of it is for the administration. That total is three point two. Commissioner Plummer: This is money you take in and distribute out? Mr. Waters: This is money that the City receives through our Community Development Block Grant program, the specific program being Home, and that is the Home dollars are available for new construction to further affordable housing in the City of Miami. 32 July 10, 1997 Commissioner Plummer: Yeah, but what do we do for four hundred and twenty thousand dollars ($420,000)? That seems like an awful lot of money that all we do is bring in a check and give it out to an organization. Mr. Waters: Commissioner, we do... If I may? We do... the grant allows for the City to utilize the administration cost associated with that. We have staff, not only within our department but we also pay indirect cost to the City in general in terms of furthering these programs. So, the HUD (Housing and Urban Development) programs allows for the City to accommodate itself by, you know, administering the program in that regard. Commissioner Plummer: I would like to see a breakdown of what the administrative cost goes for? Vice Mayor Regalado: I was going to ask that to. When we bring this back, you need to bring us before... that, some detail because of the administration. And, also, why is it that other areas of the City are not getting the fair amount of Home... Mr. Waters: Mr. Vice Mayor, it's not an issue of fairness. What the administration do... Vice Mayor Regalado: What is the issue here? Mr. Waters: If I may? What happens is, these projects are brought before the administration from a timing standpoint. You may recall, for instance, that the West Brickell project which is located in the Little Havana area has just come on line and there was a utilization of our Home dollars to do that. We have projects and CHODOS who we work on a constant basis and it's based on the timing and when those projects are ripened and ready for development. We have just completed the Casa Grande in East Little Havana. We have for now completed, Phase II is about to take place. There is the Ralph Plaza project which is in Allapattah which the contracts are being executed as we speak. So, there are a number of housing development projects, Citywide, primarily located within our eight CD (Community Development) targeted area that are utilizing these funds for the furtherance of affordable housing. Vice Mayor Regalado: Yeah, but, you know, you are talking about a lot of projects and a little money that is left. Mr. Waters: Well, be reminded that, again, we receive these dollars on an annual basis and the development industry is such that projects, it takes 18, 24 months in some instances to make these projects happen. The City is a partner, not only with the non -profits and their private entities but we also are partners with Metropolitan Dade County who in most instances through their surtax program provide the dollars to these various, different development entities to make these projects happen. So, it is a partnership that's developed through all of the governmental and private sector including the banks to make these deals work. Vice Mayor Regalado: So... Mr. Waters: We will be happy, Mr. Vice Mayor, to furnish you with, this Commission with those projects and also the balances that are associated with this program. Commissioner Hernandez: Mr. Mayor, I would like to defer this item until we further receive more information on the distribution of these Home funds and the pending loan applications which total approximately, almost three million dollars ($3,000,000), in loan applications which are projects that are on standby and subject to approval. 33 July 10, 1997 r.� Mayor Carollo: There is a motion. Vice Mayor Regalado: Second. Mayor Carollo: It's been second. Would you like to make any further statements? Commissioner Gort: For the next meeting? Mr. Benjamin: Well, except we have been working with Metro Dade Housing Agency in terms of putting this whole package together to make it affordable and this was part of the progressive arrangement seeing what the City is doing and Fannie Mae is doing and we put the whole package together. And, the objective is to get a surtax, a good arrangement with surtax and Metro Dade and they certainly would like to see what the City is doing and what Fannie Mae is doing and the more we put this back, unfortunately, we are losing time on this. Commissioner Hernandez: Mr. Benjamin. Mr. Benjamin: Yes. Commissioner Hernandez: Let me tell you this, I have nothing against your projects, in all honesty. Mr. Benjamin: I wasn't suggesting that. I wasn't suggesting... Commissioner Hernandez: No, I am saying that so you know. I do have a problem on how monies are being distributed and how much money are really available and how much monies are really being told to us that are available. And, I would like more information. All I am asking is for a deferral until the next meeting which is on the 24th so we can be better informed up here before we start distributing the monies that you are requesting. Mr. Benjamin: I certainly appreciate that. We have been meeting with the City officials and... to several meetings. This was the conclusion that would determine that these monies were available and that we certainly could make the appropriate application and hence, I am here today. We are not trying to pull anything on anybody either. We are just trying to package this thing as quickly as possible to get this affordable housing program done in Overtown. Vice Mayor Regalado: Yeah, but I just want to make a comment, Mr. Benjamin. We have been told that there are many other projects in the works in other areas of the City of Miami and one wonders if, for instance, in the next fiscal year, we were to approve all of those projects in all other areas, one part of the community would think that we are forgetting the part of the community, especially Overtown. Mr. Benjamin: Mr. Vice Mayor, may I tell you this? We made a similar application last year and we were denied it because there were other applications ahead of us. And, we were reassured that in this second round, this new application, we would be funded. That's why we are here. We took our turn last time. We were told other groups were ahead of us, and they were. And, we saw them, and we didn't make a fuss. We accepted that. And, now that our turn has come up, you know... Commissioner Plummer: Can I ask a question? Commissioner Gort: Mr. Benjamin, also what I would like to see if possible. I don't know if any of my colleagues have seen it, the proposal itself, the whole project. I would like to get a copy of it, please. 34 July 10, 1997 Af Mr. Benjamin: Sure. Commissioner Gort: We received that, then you fax that to us, do we have that? The whole project the cost and what it's going to do, if it's going to be rentals, it's going to be...? Mr. Waters: Well, the administration has it and we will make copies and make that available to the Commission. Commissioner Gort: You see, that's a problem that we have. We have been asked here to make a decision to allocate funds but we don't have the whole proposal in front of us which is something that we should have also. It makes it very difficult. Commissioner Plummer: Let me ask a question, if I may? Mr. Waters? Mr. Waters: Yes, sir. Commissioner Plummer: Are the funds that come down predicated on the demand or the need or the requirements or is it just an allocation of funds for the City? Mr. Waters: It's all... It's an allocation of funding of the City, it's on a formula basis through U.S. HUD. Commissioner Plummer: Population kind of formula? Mr. Waters: Population and the amount of... Commissioner Plummer: Well, let me tell you how I think... Mr. Waters: ... poverty that's located within this... Commissioner Plummer: I think in the future which we ought to consider, I think we should consider that no applications be granted until we get our allocation of money and then all applications would be considered at the same time. If you have an application that was a year ago or six months ago, you might have better applications that come in and now you stand committed. So, I would suggest to this Commission that in the future, that we don't distribute any of those monies until we have as many applications that the department want to make and process and then this Commission will sit down and analyze where that money would go for individual projects so that nobody can later say, they got locked out or they didn't have consideration. And, I just think, you know, you don't know what you are going to get, I guess, in the monies. So, I would just suggest in the future, that none of the money be distributed including the four hundred and twenty thousand dollars ($420,000) until we get the money in hand and then we will decide where the money should go. Mr. Waters: If I... Mr. Jackson McDaniel: I am Jackson McDaniel. May I speak to this issue with regards to the Lyric Village project? This project has been in process and your board, your CRA Board requested a proposal. We submitted a proposal more than a year ago. We have worked with staff for more than one year. Staff has the original proposal which has all of those budgets in it. We met with Mr. Bailey and with your appointed representatives and that was reviewed and approved. And, on the basis of those approvals with the budgets that you have asked for, Mr. Plummer, the request has gone forward. This... Basically, what this does, is this gives 40 homeowners, 40 perspective homeowners twenty-five thousand dollars ($25,000) second 35 July 10, 1997 . r ... mortgages at three percent which permits them to live in housing that they could not otherwise afford. Now, this is not a new issue, we have been working with this now for more than a year and a half. We have had your approval on two different instances when we submitted our I qualifications and when we submitted for the approval. And, that was, we were short listed, we competed, we are going through a process here. And, the process anticipates as other people has suggested that these funds are regularly received from HUD and that when we are not yet prepared for those funds that we don't apply for them. But, this project now is at the point where { we need to be able to know that those funds are going to be available to the homeowners. The... Mr. Hernandez that maybe... or suggested there was some combination of monies between the Home funds and the CD float loan. That simply is not the case. The CD float loan is a standby construction loan for which we will give a letter of credit and personally repay that. The Home funds are to be given to the homeowners so that they may buy these homes. And, this will provide approximately 40 second mortgages which will be in this case, they will be matched j with a Fannie Mae first mortgage, with a downpayment assistance program and with a whole set of items such as credit counselling, qualification. Fannie Mae is standing by to qualify these homeowners. This is a process, gentlemen, and if we... if the request for proposal and the acceptance of that proposal more than a year is not followed on by the financial elements that are i required to make the proposal work, then the private sector can't have the confidence to spend its time and its money and its energy in a year and a half of time and then suddenly find at the last minute that this whole matter has to be brought up again. This is a process which we have participated in and we suggest that what Mr. Waters is recommending is simply that this funding be made available, fully in anticipation of those things which were submitted to you in that budget more than a year ago. Commissioner Gort: Let me make a statement. That was given to us a year ago. We went over it. We voted on it, it's been a year. Since that year, we haven't seen anything else, what has progressed, what has taken place. What we are asking in here is some more information. We are not saying that we are not going to allocate this but we would like more information where we are up-to-date, what is the financing. We don't have that. At least, I don't think my office has received that. Mr. McDaniel: Nothing has changed from the application. Commissioner Gort: Sir, do you think I can remember what I voted on a year ago...? Mr. McDaniels: No, I understand that. OK. Commissioner Gort: ...which is in my files and bring it today and remember today? Mr. McDaniels: No, I don't suggest that you can. Commissioner Gort: It's impossible. Commissioner Plummer: He's getting old. Commissioner Gort: The amount of material that we go through, not only am I getting older but the amount of material that we have to go through for every Commission meeting... Mr. McDaniels: ... Uh-huh. Commissioner Gort: ... you can see what it is. Mr. McDaniels: Uh-huh. 36 July 10, 1997 �Z' .S�a�y /it1.M1 A! Commissioner Gort: So, it is very difficult for... Mr. McDaniels: I guess what I had assumed, Mr. Gort, was that once you had considered this matter if there were no changes that you would consider... that the information that was given to you, unless there were changes it would be my obligation or St. John's obligation to give you that. Since there is none... I Commissioner Gort: But, I don't remember what the project was like, what it was going to be. It's a year and a half ago that we approved it. Mr. McDaniel: Well, would you like me to review that for you? Commissioner Gort: Not today. Mr. McDaniel: OK. Commissioner Gort: They are going to bring it back on the 24th. We are also asking the staff some other questions because we believe, my understanding is there might be other funding, other funds available. And, that's what we are trying to find out. Mr. Herb Bailey (Executive Director of CRA (Community Redevelopment Agency): Commissioner, may I just make one comment? And, I am only here because it is a CRA project and it is in Overtown. We did and it was approved by this board, go through the graphic details in regards to the type of structure. And, these are the 96 units we are talking about for Lyric Village. And, at that time we made the proposal which indicated what they would look like, what they would be, what the economic factors were and who... what the market we were trying to reach. And, we also had in there the proposed financing which included public funding from the County and City. Commissioner Gort: And, we approved that? Mr. Bailey: Yes, we approved that on two occasions through a public hearing in Overtown, twice. Commissioner Gort: So, why is it back in here then, if we approved it? Mr. Bailey: Because it's a different item now. Because you have to come at different times to get certain things approved to see... The money they are asking for now was not on our jurisdiction. Commissioner Gort: So, this is another decision that we have to take? Mr. Bailey: Well, that decision was in consideration at the time we made the first proposal. And, I realize that some time has passed but in development you have this type of situation. Because, we are not... we have to adhere to other outside criteria before we can come to you to make certain decisions. The County has told us very flatly, we will wait until the City Commission makes a decision... Commissioner Gort: Right. Mr. Bailey: ... as to whether or not they are going to make a commitment. Mayor Carollo: All right, gentlemen, we have gone through this item long enough, since we are going to defer it anyway let's discuss it further at the next meeting that we bring it up. 37 July 10, 1997 I� i j%V�a �jj 1 N r 11 ♦�aa� Reverend John White: Mr. Mayor, ►nay I? Mayor Carollo: Last, quickly. Reverend White: Thank you, sir, Mayor Carollo: We are not going to make a decision today. Reverend White: I understand that. I appreciate all the interest in the deferral. But, there are projects that's on the agenda that... Commissioner Hernandez have that -- have gone through the process. And, I just want to make sure, we have been straight -jacketed and been delayed because of City process in order to do what you passed us to do. And, I think it ought to be on the record to note that and we are talking about a deferred piece. For example, my project which is the eight hundred thousand dollars ($800,000) that has been identified, we have been delayed because City deeds have not been straight for us to get to the point that we can move to the next phase. We should not be penalized because City have deeded us the property, there is no clear title to it, we have gone through the process. We are still working on the process and as a result of that, our funding is being jeopardized because we have not been able to move to the next level. And, I think that ought to be put on record. And, I appreciate your opportunity to hear us in that matter. Thank you. Mayor Carollo: Thank you. Thank you, very much. OK, there is a motion for deferment. Commissioner Plummer: So moved. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passed unanimously. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-460 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 6 (REQUEST FOR FUNDING FOR THE PROPOSED LYRIC VILLAGE HOUSING PROJECT, PLANNED IN THE OVERTOWN NEIGHBORHOOD) FOR FURTHER INFORMATION. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 38 July 10, 1997 W 14. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 7 (REQUEST FOR PERMIT TO ESTABLISH COCONUT GROVE FARMERS' MARKET). Mayor Carollo: We are now in item number seven, Mr. Gregory Simpson. Mr. Stan Glaasor: My name is Stan Glaasor and I am speaking for Gregory Simpson. I manage the Coconut Grove Farmers Market which is in question and I am a farmer in Homestead. The Coconut Grove Farmers Market has been a fixture of Grove life on Saturdays for 20 years and it's the longest running continual Farmers Market in South Florida. Over its years it has provided an excellent form of fresh produce and other food products. Organic produce even before it became widely popular has been abundantly available there. The market has also served as a weekly meeting place for residents both socially and for more serious issues. It has served as a testing ground and start-up place for many local businesses over the years and provided work for local residents and given many children of the area their first real jobs. It has provided a work opportunity for anyone with a few dollars and an idea. We have transformed unused lots into useful spaces once a week and kept them clean and scenic for the rest of the week. Commissioner Gort: For the second time. Commissioner Plummer: Mr. Mayor, what's the recommendation of the administration? Commissioner Gort: Nath, what do you say? Mayor Carollo: Well, it says that they want some conditions placed on this. This is one that I will like to meet with the administration so I will ask for a deferment on this one. Commissioner Plummer: So moved. Commissioner Hernandez: I second it. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passed unanimously. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-461 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 7 (REQUEST FOR PERMIT TO ESTABLISH A WEEKLY FARMER'S MARKET IN COCONUT GROVE). 39 July 10, 1997 . �' ary,fHj,r{•, Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: ABSENT: None. None. 1S. - (- - - A)ALLOCATE $5,000 FROM COCONUT GROVE SPECIAL EVENTS DISTRICT FUND -- FOR COMMODORE PLAZA LANDSCAPE f PROJECT. (B) COMMENTS REGARDING VENDING ORDINANCE SCHEDULED ' FOR JULY 24, 1997 COMMISSION MEETING - DISTRICT FUND -- FOR COMMODORE PLAZA LANDSCAPE PROJECT. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Eight, Mr. Stahl. Commissioner Plummer: How much do you want to spend, Ted? Commissioner Gort: Five thousand. Move it. Commissioner Plummer: Second. Commissioner Hernandez: Second. What are the conditions, by the way? Mr. Stahl: It's done? Commissioner Gort: Good job. Commissioner Plummer: It's... Well, if you keep your mouth shut it might be. The conditions are, this is monies that we started with the street... Mayor Carollo: What's the balance, Ted, about one hundred and fourteen thousand? Mr. Stahl: About one hundred and fourteen thousand and growing. Commissioner Plummer: I told you if you opened your mouth, I am going to vote against you. Mr. Stahl: He asked me a question. Commissioner Plummer: Well, you can... You can... Mayor Carollo: OK, well, just... .O July 10, 1997 �:�„ Mr. Stahl: I think you very much. The merchants on Commodore... Commissioner Gort: Name and address for the record. Mr. Stahl: ... they worked very hard and we do need the support. I would also like to state that before Hurricane Andrew we came before some of the Commissioners here on planning the development of the medians that run along Bayshore Drive. And, with Hurricane Andrew the funds were given to Peacock Park. This is back on our drawing hoards... Commissioner Plummer: He is trying to talk himself out of money. Mr. Stahl: ... with support, strong support... Commissioner Plummer: He don't know when to quit. Mr. Stahl: ... from Jimmy Morales and Dade County... Commissioner Plummer: You know... Mr. Stahl: ... who is willing to do all of the engineering, electrical, lighting, landscaping the entire medians from McFarlane to Aviation which will be an enhancement to this community and this board with a small request that the City maintain it. And, we will be back to discuss this later with you. Commissioner Plummer: We'll talk about that later. Mr. Stahl: But, I will tell you one thing, before you start shaking your heads, that there is monies in the festival that would be used to support this maintenance. And, I think it would take a severe burden off of the City when the times comes. Commissioner Plummer: We will talk about that later. Mr. Stahl: But, we are working hard on it. Thank you, very much. Mayor Carollo: Thank you, Ted. Mr. Stahl: I appreciate it. Mayor Carollo: Good seeing you here. Commissioner Plummer: Mr. Stahl. Mr. Stahl: Yes, sir. Commissioner Plummer: Sir, in the hands of the City Attorney is the vending ordinance in relation to the newspaper racks. He informs me that that will be on the next agenda which will be July the 24th. That's your pet project. Mr. Stahl: It sure... Commissioner Plummer: I would definitely appreciate you and anyone that feels as strong as you do to be here to talk about the issue. Mr. Stahl: Well, after ten years, I'll be here. 41 July 10, 1997 Mayor Carollo: Thank you. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passed unanimously. i The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 96-462 A RESOLUTION (Pending the Law Department.) (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 J.L. Plummer, Jr. NAYS: ABSENT: Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo None. None. 42 July 10, 1997 4 - - --r--r--r----------------------.----------------------------------------------- 16. TABLE TO LATER IN SESSION CONSIDERATION OF AGENDA ITEM 9 (REQUEST TO PLACE STATUE IN UNITY PARK) -- SEE LABEL 18. ---------------------------------------------------------------------------------------------------------------- i Mayor Carollo: We are in... Commissioner Hernandez: Nine. Mayor Carollo: ... item number nine. Commissioner Plummer: It's your item. Mayor Carollo: Yes. This gentleman asked for it to be placed on the agenda. Commissioner Plummer: Where is Unity Park? Vice Mayor Regalado: Flagler and 17th Avenue. Commissioner Gort: Seventeen. Commissioner Plummer: And what? Commissioner Gort: Seventeen Avenue and Flagler. Vice Mayor Regalado: Seventeen Avenue and Flagler. Mayor Carollo: Yeah. All right. Commissioner Plummer: Ah, ah, ah, OK. Mayor Carollo: I don't know if he's been advised of this appearance or not. ! Vice Mayor Regalado: Yeah, he was here. Mayor Carollo: This is a request by Lincoln Diaz -Pollard. Vice Mayor Regalado: Mr. Mayor, he was here just now. Probably he's outside. Miguel Isaberra. Commissioner Plummer: Well, why don't we move on. Mayor Carollo: Yeah, let's move on to... i 43 July 10, 1997 fZ `-iN1 ---------------------------------------------------------------------------------------------------------------- 17. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND, BUILDING CLOSING REVOLVING FUND -- APPROPRIATE $100,000 FROM GENERAL FUND FOR EXPEDITING DEMOLITION OR SECURING UNSAFE STRUCTURES. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I'll move item ten. Mayor Carollo: Let's move to ten and we will come back to nine, then. Commissioner Plummer: I move it. Commissioner Hernandez: Second. Mayor Carollo: OK, it has been moved, it has been second. Mr. A. Quinn Jones, III, Esq. (City Attorney): An emergency... Mayor Carollo: All those in favor signify by saying "aye." The Commission (Collectively): Aye. Mr. Jones: Let me read the ordinance please, Mr. Mayor. [At this point, the City Attorney read the ordinance into the public records.] Commissioner Plummer: I am voting yes, but I have got to put on the record. Because to try to justify this as am emergency measure, I think is ridiculous. I vote, yes. An Ordinance entitled - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BUILDING CLOSING REVOLVING FUND" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $100,000, FOR THE PURPOSE OF EXPEDITING DEMOLITION OR SECURING OF UNSAFE STRUCTURES; AUTHORIZING A LOAN FROM THE GENERAL FUND, IN AN AMOUNT NOT TO EXCEED $100,000, TO SAID SPECIAL REVENUE FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 44 July 10, 1997 N was introduced by Commissioner Plummer and seconded by Commissioner Hernandez, 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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11521. 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. ---------------------------------------------------------------------------------------------------------------- 18. GRANT REQUEST TO PLACE SCULPTURE OF "13 DE MARZO" AT UNITY PARK, WEST FLAGLER STREET AND 17 AVENUE -- SEE LABEL 16. Commissioner Plummer: Move 11. Vice Mayor Regalado: Mr. Mayor, Mr. Saavedra... Mr. Mayor, Mr. Saavedra is here, if you want to go ahead with the personal appearance. Mayor Carollo: OK. Mr. Saavedra. Mr. Miguel Saavedra: Yeah, good morning everybody, Mr. Mayor, Vice Mayor and Commissioners. My name is Miguel Saavedra from "Vigilia Mambisa". I try to find a monument to put on 17th Avenue and Flagler Street, a small monument for the people who is dying [SPANISH) These people is dying because the Castro regime, they are sinking the boats when they are looking for their freedom. That's why this monument, the size is four feet tall by two feet wide. That's a small monument to try to make a statement, you know, on the Flagler and 17th Avenue. 45 July 10, 1997 Commissioner Gort: Let me ask you a question. Have you talked to the Parks Department? Is that under the Parks Department or...? Commissioner Plummer: It's got to be. Commissioner Gort: You didn't. Vice Mayor Regalado: That is Public Works and Parks too. Mr. Saavadra: That is Parks. Commissioner Plummer: Have they talked? Commissioner Gort: Does the Parks Department have any problems with it? Mr. Terrance Griffin (Assistant Director/Parks & Recreation): Excuse me. Mr. Saavedra: Yeah, sure. Mr. Griffin: No, Commissioner, we don't. But, obviously it's maintained by the Public Works Department... Commissioner Plummer: Woe, woe. Mr. Griffin:... which is under... It's an operations facility. Commissioner Plummer: Mr. City Manager, none of these matters are supposed to be on an agenda until they first been run by the administration. Mr. Griffin: Let me... Commissioner Gort: It's a special item. Commissioner Plummer: Now, I don't understand. Mr. Griffin: It could have... You see, it's on our park inventory but it's managed by Public Works. Commissioner Plummer: Sir. Mr. Griffin: Public Works might be aware of it, I don't know. i Commissioner Plummer: They are not here ready to make a recommendation. That's why we passed a resolution saying, that any of these items have got to go to the administration first, so they will be prepared to make a recommendation. Now, I... Commissioner Gort: OK, I'll tell you what I'll do. I'll make a motion, move it subject to the approval by the Public Works Department. Commissioner Hernandez: Second. I Commissioner Plummer: I'll second it. 46 July 10, 1997 ;t, a. Mayor Carollo: There is a motion, there is a second. All those in favor signify by saying "aye." The Commission (Collectively): Aye. Commissioner Plummer: Excuse me, wait a minute. Let's understand. We would like to see or I would like to see the size of the monument. i Commissioner Gort: Four by two. Commissioner Plummer: OK. I would like to see how it's going to be built. I think that we should see... Commissioner Gort: Right. Commissioner Plummer: ... a model or a picture or something prior to you issuing a building permit or whatever permit. Commissioner Gort: The location... Commissioner Plummer: Absolutely. Mayor Carollo: Yeah, the "ayes" that I heard were at least four, is it five, Commissioner? Commissioner Plummer: Excuse me? Mayor Carollo: The "ayes" that I heard were at least four? Commissioner Plummer: I voted for it, yes. Mayor Carollo: OK. Commissioner Plummer: I don't know who... Mayor Carollo: It's unanimous then. Thank you. 47 July 10, 1997 ,z. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO, 97-463 i A RESOLUTION (Pending the Law Department.) (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. +i I I l 48 July 10, 1997 �k { -------------------------------------------------------------------------------------------------- -------------- 19. EMERGENCY ORDINANCE: AMEND SECTION I OF ORDINANCE 11337, (CIP) -- INCREASE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT 313232, FIRE DEPARTMENT COMPUTER ENHANCEMENT. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: I move item 11. Commissioner Hernandez: Second. Mayor Carollo: It's been moved, second. Can you read the ordinance? [At this point, the City Attorney read the ordinance into the public records.] An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION II OF ORDINANCE NO. 11337, ADOPTED JANUARY 25, 1996, AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING APPROPRIATIONS, AS HEREIN SPECIFIED, TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 313232 ENTITLED: "FIRE DEPARTMENT COMPUTER ENHANCEMENT"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Plummer and seconded by Commissioner Hernandez, 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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 49 July 10, 1997 Ai .iaR ryY 1YYiY 'k Y� Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11522. 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. ---------------------------------------------------------------------------------------------------------------- 20. EMERGENCY ORDINANCE: AMEND SECTION II OF ORDINANCE 11337 (CIP) -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT, FIRE - RESCUE NEW APPARATUS .ACQUISITION, PROJECT 313232. ---------------------------------------------------------------------------------------------------------------- Commissioner Hernandez: I move item 12. Commissioner Plummer: I'll second it. It's just establishing the fee of fund. Mayor Carollo: There is a motion, there is a second. Read the ordinance. [At this point, the City Attorney read the ordinance into the public records.] i An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION II OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, TO ESTABLISH A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "FIRE -RESCUE NEW APPARATUS ACQUISITION, PROJECT NO. 31323211; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 50 July 10, 1997 It Ait s. was introduced by Commissioner Plummer and seconded by Commissioner Hernandez, 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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11523. 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. ---------------------------------------------------------------------------------------------------------------- 21. (A) AMEND SECTION III OF ORDINANCE 11337 (CIP) -- INCREASE APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT 322061, TOWER THEATER REHABILITATION FROM $1,906,800 TO $2,276,800, AN AMOUNT OF $370,000 FROM 23 YEAR CDBG PROGRAM FUNDS -- FURTHER ESTABLISH NEW CIP PROJECT 322056, MIAMI DESIGN DISTRICT-SIGNAGE PROGRAM -- APPROPRIATE FUNDS FOR $25,000 FROM 23 YEAR CDBG PROGRAM FUNDS. (B) DIRECT ADMINISTRATION TO ESTABLISH REVENUE FUND FOR BAYFRONT PARK IMPROVEMENTS. Mayor Carollo: Thirteen. Commissioner Gort: Move it. Mayor Carollo: It's been moved by Commissioner Gort. 51 July 10, 1997 Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. Read the ordinance. Commissioner Gort: Under discussion. Commissioner Plummer: Mr. Mayor, I have asked the administration this morning and it's I guess more appropriate than I even realized. We would like to get some of the projects finished in Bayfront Park after the scenario this morning with the others. And, so I am asking that we establish a revenue fund for Bayfront Park Capital Improvements Fund so that we are... You know, we realize that there is limited dollars, but I am sure that you all want to get those projects finished as we do and without the Capital Improvement money we can't do it. So, I am just going to ask that the administration come back on the next agenda with a Capital Improvements budget for Bayfront Park Trust. Mayor Carollo: Do we have any of that included in the five year plan that was assigned to it? Mr. Robert Nachlinger (Assistant Manager): Mr. Mayor, we have an annual allocation of forty- five million dollars ($45,000,000)... Commissioner Plummer: Yeah. Mr. Nachlinger: ... for Capital Improvements included in the five year plan. Mayor Carollo: But was any of that...? Mr. Nachlinger: So, it's not specified for projects at this point. Mayor Carollo: OK, it wasn't specified yet. Mr. Nachlinger: No. Mayor Carollo: All right. Commissioner Plummer: That's why I am asking. Mayor Carollo: Yeah. J.L., why don't you sit down with the administration before they come back with a formal recommendation? Commissioner Plummer: I... Mayor Carollo: And, maybe you could also show them some of the new ways that you are bringing in dollars to Bayfront Park and maybe work with them on it? Commissioner Plummer: Yeah. Well, I have already talked to them, Mr. Mayor and they have asked me to establish a list and I have prioritized the list. And, I am just saying that we can't do anything without that fund being established as we are doing here for others. Mayor Carollo: All right. Vice Mayor Regalado: What is the timetable for the Tower rehabilitation? Ms. Diane Johnson (Development Coordinator, Planning and Development Dept.): We are going to be receiving bids for the first phase of construction on the 15th, I believe. I think the 52 July 10, 1997 Tt , pw,• first phase is going to require a minimum of six to eight months. So, we are looking at late next year. Vice Mayor Regalado: You are looking on the first phase construction, when to begin? Ms. Johnson: I would imagine, if we have the award of bids at the second meeting of this month we would be under construction, beginning construction in August. Late August. Commissioner Gort: After three years, at least there is some movement taking place in there so people are pretty happy about that. Mayor Carollo: Well, it's still not... Commissioner Gort: Not enough. Mayor Carollo: ... the information that we were originally given. Mayor Carollo: So, we need to really put it on a fast pace. Commissioner Plummer: Huh. Vice Mayor Regalado: Yeah. That's why, Mr. Mayor... Ms. Johnson: We will provide you with an update. Vie Mayor Regalado: ... that's what I asked. Because we were told that if we were to hurry we can have it by... finished by late December or January. Is that still your...? Ms. Johnson: I'll provide you with a more accurate update from the Project Manager. Commissioner Plummer: I remember when this project was a half a million dollars. Commissioner Gort: Yes, Mr. Mayor, when is this, since we are going to be going to a shorter review and so on? One of the things that I have looked at and a lot of people don't realize in the private sector, time is money. And, you know, we have an RFP (Request for Proposals) out. And, my understanding is, because of our Charter, we have to give 90 days and respond to the RFP. I think that's a long time. It takes... By the time you issue, it takes 90 days. Mayor Carollo: Well, see for... Commissioner Gort: By the time you get it to committee to select it, by the time you get it, it takes six to seven months to get anything implemented. Mayor Carollo: For some things like this, Commissioner, you might have a point to do a construction. But, for some of the big projects that we have, that's not the case necessarily. Now, the RFP that we are talking about... Mr. Johnson: For the management? Mayor Carollo: ... that we are putting on this, for the management firm of it. Ms. Johnson: Yes, it was for the management of the Tower Theater. 53 July 10, 1997 I i j:� Commissioner Gort: No, no. I understand that. There are a lot of projects that we make... We today. Mayor Carollo: Yeah. But, I think we should look at that in the future. make a decision based on what's taking place Commissioner Gort: A lot of times it takes eight to nine months to be implemented. By that time, it might not be.,. Mayor Carollo: What I would suggest, Commissioner, is that you sit down with the Manager and discuss some of the different ideas that you have on it and bring it hack to us. Hearing no further discussion on 13, can you read the ordinance please? [At this point, the City Attorney read the ordinance into the public records.] Mayor Carollo: Call the roll. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING SECTION III OF ORDINANCE NO. 11337, ADOPTED JANUARY 25, 1996 AS AMENDED, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 322061 ENTITLED: "TOWER, THEATER REHABILITATION" FROM $1,906,800 TO $2,276.800, AN AMOUNT OF $370,000, FROM 23RD YEAR CDBG PROGRAM FUNDS; FURTHER, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT NO. 322056 ENTITLED: "MIAMI DESIGN DISTRICT - SIGNAGE PROGRAM", AND APPROPRIATING FUNDS, IN THE AMOUNT OF $25,000 FOR SAID PROJECT, FROM 23RD YEAR CDBG PROGRAM FUNDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort and seconded by Commissioner Hernandez, 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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 54 July 10, 1997 Fid Whereupon the Commission on motion of Commissioner Gort and seconded by Commissioner Hernandez, adopted said ordinance by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11524. 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. ---------------------------------------------- ----------------------------------------------------------------- 22. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED SECOND READING ORDINANCE TO AMEND CODE TO PROVIDE FOR FEE ADJUSTMENTS CHARGED FOR FALSE ALARMS, BURGLARY AND ROBBERY ALARMS) -- FURTHER DISCUSS REDUCING FEE STRUCTURES AND INSTRUCT POLICE TO RESEARCH FEASIBILITY OF HIRING PRIVATE COMPANY TO RESPOND TO BURGLAR ALARMS. Mayor Carollo: We are in item 14. Second reading. Commissioner Plummer: Mr. Mayor, I have to vote against the ordinance, so I can't move it. Let me, if I may, speak to my problem. They have corrected the one problem that I had in the fact that if you go 12 months without a false alarm you are not charged for renewal. My main concern is in after the 12th false alarm, they will be putting you on what they call an NR or No Response. My concern there is twofold. Number one, many people use a burglar alarm with a panic button for medical reasons. In other words if they are sick or they have a heart attack or something, many people carry around their house a panic button. They hit that in hopes that somebody will call the police or call the Fire Department. My second problem is, that I would say that probably ten percent of the people know how to differentiate between a burglar alarm in the same system and a fire alarm. There is a difference and a distinct difference between the two audible sounds that come out of your system. And, I would say to you that, if in fact it was a fire alarm and somebody was driving down the street and reported that and it was an actual fire, they are going to say, I am sorry, we are not going to respond. I think personally the liability for this City and a No Response is absolutely out of the question. I can't seem to make my point with the with the Police Department. All I am saying is, that people that do not make their system corrected, after the 12th false alarm charge them two hundred dollars ($200), charge them two fifty, charge them five hundred dollars ($500). But, don't say we are not going to respond. I think that you are putting medical people in jeopardy and you are putting a possible house fire in jeopardy by No Response which could be in fact from that scenario. So, that's my points... Commissioner Gort: Let me ask you a question following that up. What is the history on more than 12 false alarms within one residence? 55 July 10, 1997 1 , Police Capt. Longueira: You mean what percentage do we get more...? Asst. Police Chief Martinez: What percentage is more than 12? Commissioner Gort: Yeah. How many of those cases do you get that they are more than 12 false alarms? Police Capt. Longueira: I really don't have the statistics on that, Mr. Commissioner. Commissioner Plummer: May I speak to the issue of what you are asking? Commissioner Gort: Yes, sir. Commissioner Plummer: Mr. Gort, the problem is that there is problem with the Police Department. They have a policy, that they have to respond once an hour or each in 30 minutes, I am not sure. And, if in fact, at S o'clock the alarm goes off, they respond and at 9 o'clock it goes off again, they respond and that's number two. At 10 o'clock they respond, that's number three. Commissioner Gort: Yeah, OK. Commissioner Plummer: You can have all 12 in one day period if it doesn't have a reset on it. And, a lot of the old alarms do not have a reset. That's not my point. My point is that you can have a medical emergency, no response. You could have a fire and no response. I can't vote for that because I think it is putting safety in jeopardy, and I can't vote for it. Police Capt. Longueira: Commissioner, your scenario of someone that drives by and hears the alarm... We respond to those, no matter what. When a citizen calls in and hears an alarm, we respond to that. It's the automated call -in to an alarm company and they call us, like we are their servants. They are making all kinds of money and they are running us around crazy on all these faulty systems. If the citizen in your scenario sees a fire or hears a fire alarm and they call us, we go. Commissioner Gort: I think you might have the answer to his problem. Instead of charging the individual, can we charge the provider? Commissioner Plummer: No. The monitoring company, no. Police Capt. Longueira: The monitoring companies, a lot of them are out of state. Commissioner Plummer: Yeah. Police Capt. Longueira: A lot of the monitoring companies are out of the Midwest. It's a... Commissioner Gort: They still have a permit out of the City. Commissioner Plummer: Let me ask you a... Police Capt. Longueira: No. No, they don't... Asst. Police Chief Martinez: The owner does. Police Capt. Longueira: No, the owner has to pull the permit out of the City. One of the things on the alarm policy... 56 July 10, 1997 j: .r 1, A. �y.A T •�"�A� ljX:i7 s t! k, ra Commissioner Plummer: What happened, what happened... You know the Police Chief came up here and he made a very long and strong case about having private companies answer burglar i alarms. And, you know, that was all great and it sounded fantastic during the times when we were in a fiscal emergency. And, you know what, I haven't heard another word about it. Not a single word. And, it has potential. I understand it's done in other cities, it's done very, very beneficial, as well as you have monitoring companies that monitor systems for a price. You have companies who will respond to a burglar alarm or a fire alarm for a price. I just... Mr. Gort, you know, I am saying is, charge them and charge them big, but don't deny them. When you call in and the monitoring system says it's a fire alarm, if they are on an NR (No Response), they are not going to respond, am I correct? Asst. Police Chief Martinez: I don't believe you are Mr. Commissioner. I believe that we will respond on the fire alarm. That goes over to the Fire... Commissioner Plummer: And, if they say it's a panic button? Asst. Police Chief Martinez: If it was a panic button that was pushed and cannot be verified, we would respond, yes. Commissioner Plummer: No, no, no. It's not the response, if they are on an NR. It's a No i Response. Hey, you all do what you want, I have made my point. I think you are putting safety j as second point and I can't vote for it. I am sorry. Asst. Police Chief Martinez: If I can just make one comment. The International Association of Chiefs of Police is working on a model policy with the alarm industry and five states have been selected to try and address this problem because obviously this is a problem nationwide. Florida has been selected as one of those states. One of the policy components that the industry is pushing is that at some point there has to be a No Response for the policy to be effective. And, this is coming from the alarm industry. Commissioner Plummer: That's when the lien is the same amount as the house is worth, OK? Hey, just for my purposes so that my conscience is clear, I move to deny. Now, let it die. Mayor Carollo: My question is the following: How much of this fee increase is included in the five year plan? Asst. Police Chief Martinez: All of it, Mr. Mayor. Commissioner Plummer: That's not true. They didn't even have this fee proposed at the time other than to say that we were going to up it. Asst. Police Chief Martinez: The fee increase was included in the original recovery plan. Commissioner Plummer: Yeah, an increase, but not the amount. Commissioner Gort: Question. Could this be amended rather than not to provide the service to go ahead and put a penalty to it? Commissioner Plummer: That's the point I am trying to make. More fees, if that's what you are looking for, get more fees. Mayor Carollo: Well, J.L., is making a pretty valid point. The other area that I would like to see is if... The renewal fee is a big jump from twenty-five to seventy-five dollars ($75). In particularly when you could get some companies, granted it's not everything you would want to 57 July 10, 1997 put in the system because the system is sold fora couple hundred dollars or less. And, if on top of that there is a seventy-five dollars ($75) renewal fee, it's getting kind of stiff. I personally would like to have a little more time to sit down and go through this with the Police Department, if we would have the time. Commissioner Plummer: Well, Mister Commissioner Hernandez: Mr. Mayor, I have a question also on collection. I know years ago we used to have some problems with collection. Do we have a collection company that we are doing business with, are you doing it on your own, Finance is doing it, what is the situation with that? Asst. Police Chief Martinez: We had been doing it on our own, the Finance Department working with Procurement that is in the process of hiring a collection agency to collect this as well as other outstanding debts. Commissioner Hernandez: What's going to happen once we are not successful in collecting a fine, per se, that's gone up to a thousand dollars ($1,000)? Are we going to proceed legally? Is there...? Have we made a mandatory cap where we decide anything over this we are going to sue. Anything under, we are not going to sue? We are going to record a lien. Can we record a lien? I guess, these are legal questions I just wanted to ask. Mr. Robert J. Nachlinger (Assistant City Manager/Finance & Admin.): Commissioner, we will be recording liens on these properties. For those homestead properties, we of course wouldn't be moving for foreclosure. For commercial properties if the lien is sufficient size, we will move for foreclosure. Commissioner Hernandez: I think the answer to the problem or the solution to J.L.'s concern is, and I agree is, just increase the fees. Keep increasing the fees. I know you guys are spending a lot of time answering false alarms. Ninety-five percent of them like you say are false, so just let's continue increasing the penalty. Commissioner Plummer: OK, let me modify my motion. Mr. A. Quinn Jones, III, Esq. (City Attorney): You know, the one thing that you need to consider when you discuss this is the fact that, you can keep increasing the fees and keep increasing the fees and it's to no avail. When you have a No Response built in, that's the only thing that gives them an incentive to either correct their system or to comply and make sure that it doesn't go off inadvertently. So, I mean, that's... Commissioner Plummer: Well, wait a minute, then we have a bad Law Department. I mean, why can't you collect these fees? Mr. Jones: Commissioner, you answered the question yourself, just look at Code Enforcement. I mean, we are doing a much better job than we did before but some people just totally ignore. You can fee them to death and they could care less whether they pay. Commissioner Plummer: Well, if you put a bill collector on them... Mr. Jones: But, I am saying, you have got a homestead property, what do they care? They know that you can't foreclose on a homestead property, so, you know, fee me, you know. Charge me a million dollars ($1,000,000) in fees, I am never going to pay them. Commissioner Plummer: Well, my motion would be that we... Do you want to defer it? 58 July 10, 1997 Mayor Carollo: I would prefer to defer it. Commissioner Plummer: I move to defer. Commissioner Hernandez: Second. Mayor Carollo: There is a motion for deferment. Commissioner Plummer: And, the motion that I would be making, Mr. Mayor, is that we reduce the annual renewal fee, to twenty-five dollars ($25) and that the 12th alarm fee is two hundred dollars ($200)? Is that what it is on the 12th of FA (false alarm)? Mayor Carollo: On the seventh, I believe. Commissioner Plummer: The seventh. And, that from the eighth on all further responses be at the two hundred dollar ($200) level. Commissioner Hernandez: Captain... Commissioner Plummer: Now, my second motion is, is that I want a 30-day response from the Police Department justifying why what they suggested previously is not worthwhile for this City Commission to consider and that is, that a private company be engaged to in fact do the response to burglar alarms. OK, let me tell you something. If the private sector is going to be responding, you know, they have a way of collecting their money. Police Capt. Longueira: OK, now you do know the reduction of the renewal fee will have an impact on the recovery plan? Commissioner Plummer: Sure. Police Capt. Longueira: OK. Commissioner Hernandez: Captain, what are the normal renewal fees around Dade County and the other municipalities? Have you looked at that? Police Capt. Longueira: I just recently looked at Miami Beach's plan and they are in the process of revising it and they are going to a fifty dollar ($50) renewal fee. Commissioner Plummer: Yeah. Commissioner Hernandez: Coral Gables? Police Capt. Longueira: I don't know what Coral Gables does. Commissioner Plummer: Coral Gables, I think is five. Mayor Carollo: The County? Police Capt. Longueira: I believe the County is also a one time fifty dollar ($50) fee. Commissioner Hernandez: So, why don't we go down to fifty dollars ($50)? Police Capt. Longueira: We can... 59 July 10, 1997 Commissioner Plummer: Look, hey, the Mayor wants to defer it, and they can come back. I... Mayor Carollo: See these are kinds of things that we need for them to get for us... Commissioner Hernandez: Yes. Mayor Carollo: ... in black and white so we can really make comparisons. Commissioner Hernandez: Absolutely. Commissioner Plummer: Excuse me. Mr. Mayor, if I can? I would like to ask... Mayor Carollo: OK, there is a motion for adjournment. All those in favor signify by, a deferral, rather. Commissioner Hernandez: Yes. Mayor Carollo: All in favor signify by saying "aye." The Commission (Collectively): Aye. Commissioner Plummer: I would ask that the Police Department come back by the meeting of the 24th with a justification of why we would not go out with an RFP (Request for Proposal) for a private company. I mean, it was their suggestion, so it should be an easy thing for them to do without any question. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-464 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED ORDINANCE AMENDING THE CODE BY PROVIDING FOR ADJUSTMENTS IN FEES CHARGED FOR BURGLARY AND ROBBERY ALARM PERMITS AND FALSE ALARM SERVICE CHARGES); FURTHER DIRECTING THE ADMINISTRATION TO: (1) REDUCE THE ANNUAL RENEWAL FEE TO $25; (2) CHARGE OF $200 FEE FOR THE 'TTH FALSE ALARM CALL AND ANY NUMBER OF FALSE ALARM CALLS THEREAFTER; FURTHER DIRECTING THE MANAGER TO INSTRUCT THE POLICE DEPARTMENT TO REPORT BACK TO THE COMMISSION BY THE JULY 24, 1997 MEETING REGARDING WHETHER HIRING OF A PRIVATE COMPANY TO RESPOND TO BURGLAR ALARMS IS NOT FEASIBLE FOR THE COMMISSION TO CONSIDER. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. . 1i July 10, 1997 ------------------------------------------------------------------------- -------------------- ------------------- 23. DISCUSS PROPOSED PLAN TO BE PRESENTED TO CITIZENS SHOULD CITY BE DISSOLVED -- SEE LABEL 53. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Mr. Mayor, if I may? I would like give to the members of this Commission a copy of the report that was given yesterday by the County's Administration, by County Manager, Armando Vidal to the Mayor's select committee on the City of Miami. That committee is chaired by Commissioner Pedro Reboredo and I made a presentation, a short one, before the committee on behalf of the City of Miami and members of this Commission. This report is interesting although they say it's preliminary. They cannot have a detailed report about what impact the County will have in terms of abolition of Miami unless we finish the language, the abolition language. They said that we will have that language ready by next week. But, the main cord of this report is that they recognize that the City of Miami has a higher level of services than the County. And that, because of that, if the City were to be abolished, there is going to be a lot of different scenarios including raising taxes for the area known as the City of Miami. Also, I want to point out that it was interesting, the part on the City's employees and the union contracts and fortunately we had one representative from the union, Tom Gabriel from the Fire Union, no other representatives were there. But, it's important that the City employees understand that what the County Attorney says here, that of course, they reserve the right to hire and fire any employees that they would not respect, are going to respect any kind of contract with the union. So, it's.... This is the report from the members of the Commission, I am sure that you will find it interesting in reading. Mayor Carollo: Thank you, Commissioner. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 24. SECOND READING ORDINANCE: AMEND SECTION 2-922 OF CODE -- PROVIDE FOR MAXIMUM EXCUSED ABSENCES PER CALENDAR YEAR FOR MEMBERS OF INTERNATIONAL TRADE BOARD. Mayor Carollo: We are now in item 15. Commissioner Plummer: I move item 15. Commissioner Gort: Second. Commissioner Plummer: Mr. Mayor, just a very brief statement. Mayor Carollo: It's been moved and second. Commissioner Plummer: Yeah, a brief statement, Mr. Mayor, realizing we only meet 11 times out of the year, if you miss two meetings, you have missed almost 25 percent of the meetings. So, for that reason we may this year, and ask for consideration. 61 July 10, 1997 Mayor Carollo: OK. All those in favor signify... Oh, no, it's an ordinance. Can you read the ordinance, please? [At this point, the City Attorney read the ordinance into the public record.] An Ordinance entitled - AN ORDINANCE AMENDING SECTION 2-922 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR A MAXIMUM OF TWO (2) EXCUSED ABSENCES PER CALENDAR YEAR FOR ANY MEMBERS OF THE INTERNATIONAL TRADE BOARD BY A MAJORITY VOTE OF ITS MEMBERS; 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 9, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11525. 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. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND, PC NETWORK QUALITY MANAGEMENT PROGRAM (FY'97) -- APPROPRIATE $337,500 GRANT FUNDS FOR OPERATION OF SAME. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 16. Commissioner Hernandez: Second. Mayor Carollo: There is a motion and a second on 16. Any discussion on it? Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I would like to know the purchase of the department of the City that will be buying the PC computers through open contracts. They will be opened for new bids. They will be going through Unisys or they will be going through like a open contract with the County or the State, everything. Because I know, maybe or friends I know, I have many friends that in the computer business and they will be interested in getting some of that money too. Because, if that's... We have got to go back... 62 July 10, 1997 i u down to reality and all this, no politics and that. But, money, money talks. Cash counts. So, I don't know if we are going to go with Unisys or what is going to happen on this three hundred and something thousand dollars? It's State money. By the way, I pay six percent of State sales tax, too, you know. So, it's not a gift from the State, it's our money coming back here. Commissioner Plummer: Will somebody answer... Vice Mayor Regalado: All right. i Commissioner Plummer: ... his question? I Mr. Cruz: I would like to know from the Purchasing Department what is... what will be the procedure to participate in those PCs? Commissioner Plummer: Who? Has a vendor been chosen? That's his question. Deputy Fire Chief Wheeler: No, and it will go through the regular bidding process. Commissioner Plummer: All right. That answers the question. Mr. Cruz: OK. I Vice Mayor Regalado: All right. Thank you, Mariano. [At this point, the City Attorney read the ordinance into the public record.] An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "PC NETWORK QUALITY MANAGEMENT PROGRAM (FY' 97)" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $337,500, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES ($253,125) AND MATCHING FUNDS AS HEREIN SPECIFIED ($84,375); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 63 July 10, 1997 L.. passed on its first reading, by title, at the meeting of June 9, 1997, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11526. 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 / CONTINUE TO LATER IN SESSION CONSIDERATION OF FIRST READING ORDINANCE (PROPOSING TO ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FY 96-97) -- SEE LABEL 62. Commissioner Plummer: If we approve 17, Mr. Manager, how much money will be left in that Capital Improvement Fund? Mr. Robert J. Nachlinger (Asst. City Manager/Finance & Admin.): Commissioner, this appropriates all the '96-'97 fiscal year programs capital dollars. Commissioner Plummer: I move that he deferred. Mr. Grant Sheehan (Supportive Services/Fire): Sir, this is the 23rd year CDBG (Community Development Block Grant) funding, in here. Commissioner Plummer: You didn't hear me? Mr. Sheehan: OK. Commissioner Plummer: I move that it be deferred. Let it come back, if I get a second. Commissioner Hernandez: I'll second it, but I have a question on sidewalk replacement. Never mind, I'll second the deferral, motion. Commissioner Plummer: And, I stated my reasons for my request of the deferral earlier, that we do have some of the monies that would be available for the Bayfront Park. Commissioner Gort: What's the total amount of this? 64 July 10, 1997 Commissioner Plummer: It's in item 17. I don't know the total. Mr. Sheehan: One point seven million of 23rd year CDBG. Commissioner Plummer: Yeah. Commissioner Gort: One point seven? Commissioner Plummer: Yeah. Mr. Sheehan: Yes, sir. Commissioner Plummer: I asked for one hundred and eighty out of this money, and was denied. OK. I' Vice Mayor Regalado: OK. i Commissioner Plummer: Call the roll on the deferral. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-465 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS ORDINANCE 11337 BY ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS) IN ORDER THAT FUNDS BE MADE AVAILABLE FOR BAYFRONT PARK. Note for the Record: Agenda item 17 was later passed on first reading. Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo 1 NAYS: None. ABSENT: None. 65 July 10, 1997 XLn'� --------------------------------- ------------------------------------------------------------------------------ 27. PROPOSED FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND, DADE COUNTY EMS GRANT AWARD -- APPROPRIATE FUNDS ($444,098). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 18. Commissioner Hernandez: Second. Mayor Carollo: There is a motion, there is a second. Any further discussion? Commissioner Plummer: Read the ordinance. [At this point, the City Attorney read the ordinance into the public records.] An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY '96-'97), AND APPROPRIATING FUNDS FOR THE OPERATION OF ,SAME IN THE TOTAL AMOUNT OF $444,098.00; CONSISTING OF A $148,989.00 GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES "GRANT PROGRAM FOR COUNTIES," AND $295,109.00 IN CARRY-OVER FUND BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. July 10, 1997 } was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L . Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo 3 NAYS: None. I 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. ---------------------------------------------------------------------------------------------------------------- 28. PROPOSED FIRST READING ORDINANCE: AMEND SECTION II OF ORDINANCE 11337 -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT 313238, EMERGENCY OPERATION CENTER -- FOR FIRE - RESCUE -- APPROPRIATE FUNDS. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Is there a motion for the next item? Commissioner Gort: Move it. Commissioner Hernandez: Second. i Mayor Carollo: It's been moved by Commissioner Gort, second by Commissioner Hernandez. Any discussion on the item? [At this point, the City Attorney read the ordinance into the public records.] Mayor Carollo: Call the roll. Commissioner Plummer: This is what you call making silk out of a sow's ear. I vote yes. Commissioner Gort: What was that again? Making silk... Commissioner Plummer: Making silk. They are going to take the fire training facility which is an old incinerator and they are going to turn it into an EOC (Emergency Operations Center), and emergency center, OK. 67 July 10, 1997 ig a'. An Ordinance entitled - AN ORDINANCE AMENDING SECTION II OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT NO. 313238, ENTITLED: "EMERGENCY OPERATION CENTER," FOR THE DEPARTMENT OF FIRE -RESCUE, TO BEGIN DURING FISCAL YEAR 1996-97; APPROPRIATING FUNDS FOR SAID PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo 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. ---------------------------------------------------------------------------------------------------------------- 29. AUTHORIZE ALLOCATION OF $9,520 CDBG FUNDS, PROJECT 799602 -- FOR REHABILITATION OF 16 BUSINESSES IN LITTLE HAVANA AREA UNDER FOR COMMERCIAL FACADE PROGRAM. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Number 20. Commissioner Gort: Twenty-three. Commissioner Plummer: Twenty-three. Mr. A. Quinn Jones, III, Esq. (City Attorney): Twenty. Oh, 20 and... Mayor Carollo: Twenty. Commissioner Plummer: All the rest have been deferred. Commissioner Gort: They are all deferred. Mayor Carollo: Twenty is deferred. Commissioner Gort: Twenty-one and 22. Mayor Carollo: Twenty-one, 22 is deferred. 68 July 10, 1997 Commissioner Plummer: Second 23. Mayor Carollo: Twenty-three. Commissioner Plummer: We are going to get finished before lunch. Mayor Carollo: There is a motion, there is a second on 23. OK, is there any further discussion? Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-466 A RESOLUTION AUTHORIZING THE ALLOCATION OF NINE THOUSAND, FIVE HUNDRED AND TWENTY ($9,520.00) DOLLARS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (PROJECT 799602), FOR THE REHABILITATION OF SIXTEEN (16) BUSINESSES LOCATED IN THE LITTLE HAVANA AREA UNDER THE CITYWIDE COMMERCIAL FACADE PROGRAM; SAID FUNDS TO BE DISBURSED AS HEREIN SPECIFIED; FURTHER REQUIRING LITTLE HAVANA DEVELOPMENT AUTHORITY TO PROVIDE TO THE CITY ALL DOCUMENTATION AND INVOICES PERTAINING TO THE PROGRAM. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 69 July 10, 1997 W ---------------------------------------------------------------------------------------------------------------- 30. AUTHORIZE ALLOCATION OF $19,600 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROJECT 799602 -- FOR REHABILITATION OF 14 BUSINESSES IN EDISON / LITTLE RIVER AREA UNDER COMMERCIAL FACADE PROGRAM. ----- ---------------------------------------------------------------------------------------------------------- Commissioner Gort: Twenty -tour. Commissioner Plummer: I second 24. Mayor Carollo: Twenty -tour has been moved. Second by Commissioner Gort... Vice Mayor Regalado: I have a question, Mr. Mayor. This is a... OK, this is not the one that I wanted to ask questions to the administration. So, I am ready to vote. Mayor Carollo: OK. All in favor signify by saying "aye." Mayor Carollo: There are no "nays." The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-467 A RESOLUTION AUTHORIZING THE ALLOCATION OF NINETEEN THOUSAND, SIX HUNDRED ($19,600.00) DOLLARS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (PROJECT 799602) FOR THE REHABILITATION OF FOURTEEN (14) BUSINESSES LOCATED IN THE EDISON/LITTLE RIVER AREA UNDER THE CITYWIDE COMMERCIAL FACADE PROGRAM, SAID FUNDS TO BE DISBURSED AS HEREIN SPECIFIED, FURTHER REQUIRING PIERRE TOUISSANT HAITIAN CATHOLIC CENTER, INC. TO PROVIDE TO THE CITY ALL DOCUMENTATION AND INVOICES PERTAINING TO THE PROGRAM. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. R,. ABSENT: None. 70 July 10, 1997 i 7z� k- ---------------------------------------------------------------------------------------------------------------- 31. ACCEPT GRANT $8,941 FROM KELLOGG FOUNDATION -- FOR OVERTOWN GARDENING EXCHANGE PROGRAM. Commissioner Gort: Move 25. Commissioner Plummer: Second. Mayor Carollo: There is a motion for 25, and a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-468 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $8,941.00 FROM THE KELLOGG FOUNDATION FOR IMPLEMENTATION OF AN OVERTOWN GARDENING EXCHANGE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) i Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 71 July 10, 1997 ry��l ---------------------------------------'----------------'--'-----`------`------------------------------------------ 32. AUTHORIZE CITY MANAGER TO EXECUTE PERMIT AGREEMENT WITH METRO-DADE COUNTY -- FOR LEASING OF OFFICE SPACE AT CULMER NEIGHBORHOOD SERVICE CENTER (1600 N.W. 3 AVENUE) BY OVERTOWN NEIGHBORHOOD PARTNERSHIPS PROGRAM (ONP) -- ALLOCATE FUNDS $2,717, ONP'S BUDGET CODE 450243. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Twenty-six. Commissioner Plummer: Second 26. Mayor Carollo: Moved, second. All those in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." The following resolution was introduced by Mayor Carollo, who moved its adoption: RESOLUTION NO. 97-469 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERMIT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH METRO-DADE COUNTY FOR THE LEASING OF 494 SQUARE FEET OF OFFICE SPACE LOCATED AT CULMER NEIGHBORHOOD SERVICE CENTER, 1600 N.W. 3RD AVENUE., MIAMI, FLORIDA, FOR THE OVERTOWN NEIGHBORHOOD PARTNERSHIPS PROGRAM (QNP), FOR A TERM OF SIX (6) MONTHS AT A RATE OF $11.00 PER SQUARE FOOT, FOR A MONTHLY RENT OF $452.83, AND A TOTAL SIX MONTH AMOUNT OF $2,717.00; ALLOCATING FUNDS THEREFOR FROM THE QNP'S BUDGET, INDEX CODE NO. 450243, PROJECT NO. 145005. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 72 July 10, 1997 ---------------------------------------------------------------------------------------------------------------- 33. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH METRO-DADE COUNTY HOUSING AGENCY (MDHA) -- ALLOCATE $83,000 FROM FY'96 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM GRANT FUNDS TO MDHA -- FURTHER DIRECT ADMINISTRATION TO FURNISH COMMISSION WITH CONTRACTS MANAGED BY HOPWA BOARD. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Twenty-seven... Vice Mayor Regalado: Wait, wait, wait. Commissioner Plummer: Twenty-seven has been withdrawn. Twenty-eight. Mayor Carollo: ... is withdrawn. Twenty-eight. Commissioner Plummer: All right, I am going to move it, all right. I want a breakdown and I think each Commissioner should be provided with a breakdown. These people made some statements in the paper the other day that I think warrant further look. I in particular want a copy of all of the contracts including the bids for the eight million dollars ($8,000,000) of money that this committee is handling. I assume my colleagues would like to see it also. But, there just seems to be dissension among the two different boards and as far as I am concerned after reading the article in the paper the other day of Mr. Gene Suarez, I think we need to see each and every particular item of where that money is going. I move 28, Mr. Mayor. Commissioner Hernandez: Second, Mayor Carollo: What did you say about Suarez? OK, 28 has been moved, it been second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: No "nays." 73 0 July 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-470 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH METROPOLITAN DADE COUNTY HOUSING AGENCY (MDHA), ALLOCATING THE AMOUNT OF EIGHTY-THREE THOUSAND DOLLARS ($83,000,00), FROM THE FISCAL YEAR 1996 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT FUNDS TO MDHA; SAID FUNDING FOR THE PROVISION OF HOUSING QUALITY STANDARDS INSPECTIONS REQUIRED BY U.S. HUD, IN CONNECTION WITH HOUSING ASSISTANCE FOR LOW INCOME PERSONS WITH AIDS PROVIDED BY THE HOPWA PROGRAM GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. i ABSENT: None. ------- -------------------------------------------------------------------------------------------------------- 34. APPROVE ACQUISITIONS OF COMPUTER TRAINING MATERIALS AND OTHER TRAINING SERVICES FROM: EXECUTRAIN OF FLORIDA / PRODUCTIVITY POINT INTERNATIONAL / KNOWLEDGE ALLIANCE / HOMNICK SYSTEMS / DPEC, INC. -- ALLOCATE FUND, $60,000 FROM ACCT. 001000.2613016.410. --- ----------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 29. Commissioner Gort: Second. Mayor Carollo: Twenty-nine has been moved, it's been second. All in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It's been passed unanimously. 74 July 10, 1997 Fji The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-471 A RESOLUTION APPROVING THE ACQUISITIONS OF INSTRUCTOR -LED COMPUTER TRAINING, COMPUTER -BASED TRAINING MATERIALS, AND OTHER TRAINING SERVICES FROM EXECUTRAIN OF FLORIDA, THE PRIMARY PROVIDER, UNDER STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS NO. 250068 FOR A PERIOD OF ONE (1) YEAR; FURTHER APPROVING PRODUCTIVITY POINT INTERNATIONAL, KNOWLEDGE ALLIANCE, HOMNICK SYSTEMS AND DPEC INC., AS SECONDARY VENDORS;, UNDER EXISTING SNAPS NOS. 973482, 973222, 908254, AND 973183 RESPECTIVELY, SUBJECT TO AVAILABILITY OF SAID COURSES, MATERIALS AND SERVICES FROM EXECUTRAIN OF FLORIDA; FOR A TOTAL PROPOSED AMOUNT OF $60,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 001000.2613016.410; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY PURCHASE ORDER(S) FOR SAID ACQUISITIONS. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. -------------------- ------------------------------------------------------------------------------------------- 35. APPROVE ACQUISITION OF SOFTWARE CONVERSION SERVICES FROM OPENWARE TECHNOLOGIES, INC -- ALLOCATE FUNDS, $22,500 FROM ACCT. 001000.2613016.335. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move 30. Commissioner Gort: Second. Mayor Carollo: Thirty is moved. It's been second by Commissioner Gort. All those in favor, signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: Thirty passes unanimously. 75 July 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO.97-472 A RESOLUTION APPROVING THE ACQUISITION OF SOFTWARE CONVERSION SERVICES FROM OPENWARE TECHNOLOGIES INC., UNDER EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE NO. 973476, IN THE PROPOSED AMOUNT OF $22,500; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 001000.2613016.335; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH SAID VENDOR TO OBTAIN THE MOST FAVORABLE FINANCING, TERMS AND CONDITIONS FOR THE CITY, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID ACQUISITION; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SOFTWARE CONVERSION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 36. (A) AUTHORIZE PAYMENT OF FLORIDA BAR DUES FOR ATTORNEYS -- ALLOCATE FUNDS, $6,000 FROM ACCT. 230101- 760. (B) COMMENTS BY CHARLIE COX, PRESIDENT OF AFSCME LOCAL 1907, REGARDING CITY'S NEED TO PAY LICENSING FEES FOR HIS MEMBERS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Move to deny 31. Commissioner Gort: Second. Mayor Carollo: Thirty-one is under discussion. Commissioner Plummer: In all honesty, why are you asking... shouldn't this be coming out of your legal budget? 76 July 10, 1997 �z� 0 Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, it is coming out. The only reason that it's before you is because the Finance Department, I guess consistent with the agreement with the Oversight Board, any expenditure over forty-five hundred dollars ($4,500). Commissioner Plummer: How much are the dues? Mr. Jones: For 20... for 19 attorneys, it's six thousand dollars ($6,000). Commissioner Plummer: And, what do we get in return for six thousand dollars ($6,000) worth of attorneys that we are paying. Mr. Jones: You get excellent legal services. Commissioner Plummer: And, what date do you wish to debate that? Mr. Jones: Anytime, any place. Commissioner Plummer: I guess we got no choice. Why do they have to be...? Do they have to be members of the bar? Mr. Jones: Yes. Commissioner Plummer: Why? Mr. Jones: Because that's what Florida Bar rules dictate. You can't practice without a license. Mayor Carollo: You can't practice law, too, Plummer. Commissioner Plummer: I might do a better job. Commissioner Gort: Move it. Commissioner Plummer: Second. Commissioner Gort: Mariano, wants to speak. Mr. Mariano Cruz: Yeah. Mayor Carollo: Mariano. Mr. Cruz: Mariano Cruz, 1227... Commissioner Plummer: Here is our lawyer. Mr. Cruz: ... Northwest 26th Street. And, I don't have any papers there in my office on the wall, just a picture of my children. But, I see here, six thousand dollars ($6,000) and all that. You know, six thousand dollars ($6,000), five thousand dollars ($5,000) and ten thousand. And, then you just start talking about money, you know, when you go about that. But... and then I look and I talk to the people in the street, the one that go to do my garbage pickup, the recycle. He told me "no, we don't have money to fix equipment." We have got millions of dollars laying there in equipment, there is no money to fix it or to hire mechanics for that. Then there is money to pay the worker... by the same token, we should be paying the Florida Bar dues all these law firms that do the legal work for the City was being farmed out, because I see you... Look at the agenda, every agenda this... I remember '82, '84 when Mr. Garcia Pedrosa was here, he used to 77 July 10, 1997 '1. Tr. litigate a lot of cases and he gave money back to the General Fund. I would like to see that, then we could use that money that goes to the lawyers, all that, to do... take care of our quality of living in the neighborhood. I am tired of seeing the people in the ivory towers, they don't even live in the City of Miami, and they get all the money that we pay in taxes. Mayor Carollo: Mr. Cox. Mr. Charlie Cox: Good morning. Mayor Carollo: Good morning. Mr. Cox: While you are considering this, I would just like you to consider all the people that I represent, all the licenses that they are required to hold and pick up the cost for those too. We have engineers, we have electricians, we have plumbers, and we all have to pay for our own licenses. So, I would think that if we could find money for some... Commissioner Plummer: Licenses issued by who? Mr. Cox: By Dade County. To work here you have to have a Dade County license to pay for it. Commissioner Plummer: Hey, hey you make a damn good point. You make a good point. Mr. Cox: Thank you. Commissioner Plummer: No, no, no. Don't say thank you to the administration. Why are they having to pay that out of their pocket? I think that's wrong. In my business as a funeral home, any licensed person in my employment, I pay for their license. Now, why aren't we paying for their licenses, they are in our employ? Is it part of the package that they presently get as far as the salary and emulguments of office? Commissioner Gort: Have you ever requested it? Commissioner Plummer: Did you ever request it? Mr. Cox: Did we ever request it? It was a requirement when we came to work here. Commissioner Plummer: Well, you know, you have things called negotiations. Mayor Carollo: Well, ain't it a requirement that if you have a practicing attorney, that they be a member of the Florida Bar? Commissioner Plummer: Yeah, but they have got to have licenses even by Dade County... Mr. Jones: Yeah. Commissioner Plummer: .. or they can't operate. Mr. Jones: Mr. Mayor. Mayor Carollo: But, they can't operate if they don't have a... Commissioner Plummer: A license. Mayor Carollo: ... license issued by the Florida Bar. AI July 10, 1997 Mr. Jones: Yeah. Commissioner Plummer: Yeah. Well, it's the same thing here... Mr. Jones: Yeah. Commissioner Plummer: ... but they are having to pay their own, and that's wrong. Mr. Cox: And, I have got a lot of people that make eight, nine, ten dollars ($10) an hour too, that I represent. It's deeper in their pockets. Commissioner Plummer: Well, we got attorneys that make... i Mayor Carollo: Mr. City Attorney. Mr. Jones: Mr. Mayor, let me tell you... Mayor Carollo: Would you like to defer this or would you like to take it further? Mr. Jones: No, I would like to go... And, let me just say this, this is one of the emoluments that has been with every Assistant City Attorney that's been hired for the City of Miami going back to its inception. As part of the, and I think the public should know this, as part of the recovery plan in order to help save money, I cut out the other two memberships that have traditionally been, professional memberships that have traditionally been paid as a emolument of the job. Considering that none of the Assistant City Attorneys have had increases for three plus years. We don't get cost of living increases like union employees, OK? So, let's put it all on the table. Commissioner Plummer: I'll give you another one. The City Commission hadn't had a raise... Mr. Jones: Yeah. Commissioner Plummer: ... in 50 years -- 1947 was the last we had a raise. Commissioner Gort: Charlie, let me ask you a question. Have you ever requested from the City to pay for these licenses? Commissioner Plummer: And, we pay our own licenses. Mr. Cox: Have we ever requested? Commissioner Gort: Right. Mr. Cox: We have requested for schooling, that's something negotiated. We have requested for licenses. At some point, at some departments, they did pay for licenses and then there was a standard issue that why pay, why didn't some? And, basically we mostly paid our own. It depended what department. But, we do have a lot of licensing that are required. And, if he wants to get into raises and everything else on who makes what, I would love to do that here because look how many raises we have gotten in the last three, four, five, six years. Commissioner Gort: Charlie, why don't we ask him to give some of the information to us and to the administration, what's the amount of licenses you need and so on? Mr. Cox: They know how many licenses that are required. They are the ones that... they draw up the job descriptions. They know what their costs are. 79 July 10, 1997 for, i Commissioner Gort: I don't, I don't. Mr. Cox: I mean... OK. Well, I will be happy to provide it with you. Commissioner Gort: I mean, we don't. None of us here know... Mr. Cox: I mean, engineers have a license. My license has to be renewed every two years. Commissioner Plummer: You know, it seems foolish to me that we even have City employees who have to take out a County license. So, I guess my next question is, does that work conversely? Mr. Robert J. Nachlinger (Asst. City Manager/Finance & Admin.): No, sir. Mr. Cox: No. Commissioner Plummer: If the... does the County employees have to... Mr. Nachlinger: No, sir. Mr. Cox: No, cities don't issue licensing. I ` Commissioner Plummer: ... take out an Occupational License? Commissioner Gort: It's not an Occupational License. Mr. Nachlinger: No, sir, they don't. Commissioner Plummer: Why not? If they are charging our people a fee for a professional license, why aren't we charging their people? What's good for the goose is good for the gander. Mr. Nachlinger: I am not sure if it works in that case. Commissioner Plummer: To hell, you say. Let's make it work. Commissioner Gort: No, my understanding is, this is not an occupational license. My understanding is, this is a professional license. Commissioner Plummer: Yeah. Commissioner Gort: Is it occupational or professional? We are talking about professional license? Mr. Nachlinger: It's a trade license. Trade license. Commissioner Plummer: Occupational is professional. Mr. Cox: Yes, I mean, to be an electrician you have to have a license. To be an engineer, you have to have a license. Commissioner Plummer: My... Mr. Cox: To be a plumber, you have to have a license. 80 Jul 10 1997 Y Commissioner Gort: Is this a County license? Commissioner Plummer: My question is... Mr. Cox: What's that? Commissioner Gort: This is a County license? Mr. Cox: Yes, it's a County license. Commissioner Gort: Not a State license? Mr. Cox: No, County. Commissioner Plummer: It's an occupational license. Mr. Cox: Right. Commissioner Gort: Occupational license. Commissioner Plummer: Yeah, now, but wait a minute. Why don't we charge the County people a City license? Hello, I am calling collect. Vice Mayor Regalado: And, we can... J.L., J.L., we can do that. There is a... Commissioner Plummer: Well, why aren't we? Vie Mayor Regalado: ... the... Mr. Cox: We can't. Commissioner Plummer: Hello, I am calling collect. Is there anybody home? Mr. Cox: The City doesn't license. In other words, I can't get my license from the City, you get it from the County. We don't license people here for trades and for engineers. Commissioner Plummer: Sure, we do. Sure we do, occupational licenses. Commissioner Gort: It's different. Mr. Jones: A Certificate of Competency. Ms. Judy S. Carter (Director/Purchasing Dept.): Well, that's different. Your Certificate of Competency, if I might explain? -- is all under the authority of Dade County. We do not issue Certificates of Competency. Commissioner Plummer: Ah, that's a different. Certificate of Competency is a different story. Ms. Carter: Occupational licenses are different. Commissioner Plummer: He didn't put it... Ms. Carter: And, that's what he is talking about. 81 July 10, 1997 Commissioner Plummer: Ah, he didn't put in that terminology. But, that's only a one time deal, isn't it? Mr. Cox: No, you renew it every couple of years. Commissioner Plummer: Well, hey, on the item before us we have got no choice but to move it. And, I move it. That's item 31. Mayor Carollo: There is a motion by Commissioner Plummer and a second by Commissioner Gort. Mr. Angel Urquiola: Go ahead. Wait a moment, I want to talk to... about... My name is Angel Urquiola, I want to know why we have to pay the license to these people with our money? They are rich people. I think it's out of order to pay the license to the lawyer. They want to work, let them pay because if I work with the City, I have to pay all my expenses. Why do I have to pay the license? no. They want to be a lawyer, OK, pay your own license like everybody does. Thank you. Commissioner Plummer: Let me ask you, do we know how much it is per lawyer? Mr. Jones: Well, it depends on the years they have been on the bar and so, it varies. I think the average probably is around... Commissioner Hernandez: One ninety. Mr. Jones: One ninety, yes. Commissioner Plummer: Much to do about nothing. We spend a million dollars ($1,000,000) like that and we argue about six thousand dollars ($6,000) for an hour. I... Commissioner Plummer: I moved item 31. Mayor Carollo: Item 31 has been moved and seconded. It's open for discussion. Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners, citizens of Miami and distinguished attorneys. In my... six thousand dollars ($6,000) looks like peanuts but it's the principle involved. Who are the members of the Florida Bar? The members of the Florida Bar is not the City's Attorney Office of Miami, is the individual attorneys from the City. And, they earn rather good salaries doing and losing most of the cases. And, settling most of the cases and then on top of that we are going to give them, just like the Police, we are giving them cars, we are giving them, how do you call that when they give the officers of... sidelines or whatever? I mean, the word... I am losing my English. I am so confused and these things get "curioser" and "curioser" and "curioser." Come on babies, if you cannot afford the Florida Bar dues you might as well quit being attorneys. Thank you. Mayor Carollo: Commissioner Hernandez, would you like to add anything to this lively discussion? Commissioner Hernandez: Not really. But, I think it's important to state, and I work in the department and I... that our Law Department, even though in comparison, you can't compare it to what the attorneys in our Law Department gets paid in reference to... in comparison to the County. County attorneys are getting paid much more salary than our Assistant City Attorneys. I think it's a benefit that's been with that department for many years. It's something that has 82 July 10, 1997 gone with the contract. Basically, every Assistant City Attorney signs with the City Attorney's Office. And, I really... I have no objections for paying for their bar dues. Mayor Carollo: OK, any further questions or any further statements? Hearing none, who was the maker and seconder of the motion? Commissioner Plummer: What? Mayor Carollo: Hearing none, all in favor signify by saying "aye." i Commissioner Plummer: Thirty-one? Mayor Carollo: Yes. The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-473 A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS, IN AN AMOUNT NOT TO EXCEED $6,000, FOR THE REMITTANCE OF 1997-1998 FLORIDA BAR j DUES FOR THE CITY ATTORNEY, TWO DEPUTY CITY ATTORNEYS AND i TWENTY-ONE ASSISTANT CITY ATTORNEYS; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 230101-760 FOR SAID PAYMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Wifredo Gort 83 July 10, 1997 ---•-----------------------------------------------------------------------•--------`--------------------------- 37. ACCEPT PROPOSED MILLAGE RATE OF 1.9200 FOR FISCAL YEAR '97- '98. Mayor Carollo: We are now in item 32. Commissioner Plummer: Huh, huh, huh. Mr. Dipak Parehk (Director of Budget & Mgmt. Analysis): I was going to say good morning. Commissioner Plummer: Well, Mr. Mayor, on 32, I don't think he even needs any discussion by anybody. It's the same millage we have had for the past ten years. Mayor Carollo: No, sir. Commissioner Plummer: No? Mayor Carollo: We are lowering the... Mr. Parehk: Debt service. Mayor Carollo: ... debt service by a little bit. Mr. A. Quinn Jones, III, Esq. (City Attorney): I think in your package under... Mayor Carollo: And, frankly, I think that if not before the end of this year, not fiscal year but this year, we will certainly be able to do it by the beginning of next quarter. We will be able to reduce the debt service even more. Commissioner Plummer: I move item 32. Mr. Jones: Mr. Mayor, I was just going to say that in the package that was distributed, under the debt service, under Section I, it had two point one zero six zero. And, of course, the correct amount should be 1.9200. Mayor Carollo: Yeah. It's 1.9200. And, we have lowered it by point one eight six zero. OK, is i there a motion? Commissioner Plummer: I moved it. Commissioner Hernandez: Second. Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Hernandez. Commissioner Plummer: It's the next item I have got to... Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. 84 July 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-474 A RESOLUTION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THEW CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Mariano, do you... Vice Mayor Regalado: Mr. Mayor on... Mr. Mariano Cruz: No, the only, because this is just proposed, right? But, I would like to know the dates that it will be discussed here in September from the Budget hearing. Mayor Carollo: September 11th and September 25th. Mr. Cruz: Twenty-fifth? Mayor Carollo: Yeah. Vice Mayor Regalado: The 11th and the 25th. Mr. Cruz: The 11th. Mayor Carollo: There will be public hearing after 5:00 p.m. Commissioner Plummer: Yeah, but let's have an understanding because I asked this question this morning. This is the budget that's being sent tomorrow to the Oversight Board. And, I want to make sure that we are not locked in except to the somewhat the bottom line, unless we get additional revenues. We can, according to the Manager, shift within the bottom line predicated on the two public hearings that we have. But to increase, not... you cannot increase above the 85 July 10, 1997 bottom line without additional revenues coming in to supplement that which you increased. Because my concern was, as it was originally looked at this morning, once we did this and sent it to the Oversight Board, that was it, Amen, thank you, good-bye. And, it would just make the two public hearings aphorist. So, I made sure with the Manager this morning, that we do have that right to in tact change things in September. Vice Mayor Regalado: We do have that right? Commissioner Plummer: We do have that right. But, you have got to stay within the bottom line. Mr. Edward Marquez (City Manager): Sure. Commissioner Plummer: The bottom line is the total amount of money which equates this time to approximately two hundred and ninety million in the General Fund and twenty million in the debt service. Mr. Marquez: You absolutely do have the right in September to move monies around within the bottom line. However, I just want to put it on the record, however you move those monies is still subject to Oversight Board approval, subsequently. Commissioner Plummer: Well, I can tell you from the book that I was given, there is going to be a lot of changes, OK? But, I am going to prove it to you today and this is only on a resolution. I have got a problem with item 33, but 32, I have no problem with. Mayor Carollo: All right, hearing no further discussion, 32 is passed. 38. DISCUSS / TABLE TO AFTERNOON SESSION CONSIDERATION OF AGENDA ITEM 33 (ACCEPTANCE OF PROPOSED CITY OF MIAMI BUDGET FOR FISCAL YEAR '97-'98) -- SEE LABEL 59. Mayor Carollo: We are on 33. Commissioner Plummer: Mr. Mayor, my problem with 33 is simply the way the new budget book has been put together. It is almost next to impossible to try to equate. Budgets are usually one year as opposed to the other for comparison. And, the way it's been done this particular year, I have no problem with it, my problem is trying to equate one year to the other. And, I would say to you, sir, that I would appreciate... We got these books day before yesterday, we got i a new book yesterday, or today, we got a new book. I would like the additional two weeks to go through this and have somebody from Budget... Vice Mayor Regalado: I second. I second that because I... Commissioner Plummer: ... and Management come sit with us and take an hour or two so that we can equate one to the other. So, I would move at this point that item 33 be deferred. Mr. Edward Marquez (City Manager): Mr. Mayor, may I? Mayor Carollo: Go ahead. 86 July 10, 1997 Mr. Marquez: OK, we must present to the State Oversight Board a proposed budget that's adopted by the City Commission by July 15th. Now, that means that we can't deter this item past this point in time. Now, Commissioner Plummer raises a good issue that you can't compare this to prior budgets. Prior budgets were... had their expenses scattered all over the place. No one department had a true reflection of the budget, I know, and that's why these numbers differ from the prior budgets. And, that's why there is no clear cut comparison. And, we will, of course provide you a type of comparison on a similar type of accumulation basis. However, we still needs a budget that meets -- that... for submission to the Oversight Board. Commissioner Plummer: Well, excuse me. Mr. Marquez: This budget corresponds to what we have already adopted as part of the five year i plan, it's no different. Commissioner Plummer: Mr. Manager, if I don't submit this to the Oversight Board on the 15th of July and I submit it to them on the 25th of July, are they going to spank me? Are they going to horse whip me or boil me in oil? Or do they want me to make a vote when I am not properly informed? Mr. Marquez: I cannot speak as to what the State Oversight Board will do. Commissioner Plummer: Well, sir, I am saying to you, as one vote on this Commission, if you ask me to vote on 33 today, I have got to vote "no." And, the reason I have to vote "no" is because I feel I want more information. And, if I cannot, in fact, have the comfort of knowing what I want to know to make an intelligent vote, I am voting "no." And, I don't think the Oversight Board would want me to make a vote less than what I know that I am doing. And, if I have to put if off until the 25th of July, I think that's reasonable. Commissioner Hernandez: I have a question, and a concern to follow-up on item 33. What would happen today, for example at six o'clock we are going to be revisiting or talking about recycling. What if the Commission would decide to reinstate the recycling program, which we are talking about eight hundred and seventeen thousand dollars ($817,000) for the year? Mayor Carollo: It's been brought down to a lot less than that. Commissioner Hernandez: Or whatever it is. Half a million or whatever the money is, whether it's a one hundred thousand. My question is, it's... you have it in the proposed budget for '97- '98, recycling is not going to be there. Mr. Marquez: Correct. Commissioner Hernandez: I assume, right? What would happen this afternoon if we decide to reinstate the recycling program? Mr. Marquez: If you decide to reinstate the recycling program, my advice to the City Commission would be go ahead and make the commitment today, but that you are incorporate it as part of a budget process in September. Because, there is a public hearing process in September for the purposes of coming up with the next budget. Commissioner Hernandez: OK. Commissioner Plummer: And, you also plan on attending the wake for the City Manager because he is going to commit suicide. 87 July 10, 1997 Mr. Marquez: Not in your lifetime. Vice Mayor Regalado: But, I... Mr. City Manager, I don't understand why the Oversight Board would not give two more weeks. Mayor Carollo: OK, can we bring this to a head? Can you call the chairman of the Oversight Board and if you could make a verbal request of him and then get back to us in the afternoon session of the meeting and let us know what he said? Mr. Marquez: We can do that. Commissioner Plummer: That's fine. That's fine. Mayor Carollo: OK, we are going to defer item 33 for the afternoon. END OF DISCUSSION -- ITEM TABLED ---------------------------------------------------------------------------------------------------------------- 39. APPROVE USE OF CITY OWNED PROPERTY AT 250 N.W. NORTH RIVER DRIVE AND 1433-75 S.W. 8 STREET -- FOR TEMPORARY OPEN-AIR PUBLIC MARKET BY BENSIDOUN USA, INC. Mayor Carollo: OK, we are in 34. Commissioner Plummer: Mr. Mayor, I am going to move 34 but I want to put some rules and regulations on that thing. I think we have had some experience from these kinds of flea markets... Ms. Diane Johnson (Development Coordinator, Planning & Development Dept.): It's not a flea market. Commissioner Plummer: Well... i Ms. Johnson: It's not a flea market. Commissioner Plummer: ... that's what I want to know. What are they going to sell, how often are they going to sell and what is the City getting out of it? Vice Mayor Regalado: Excuse me. Commissioner Gort: Before you answer that question. I think the last time they were here, I made this statement, I didn't have any problem in using the site close to the river but I did have a problem using 15th and 8th Street. I will vote against it. Vice Mayor Regalado: Yeah. Commissioner Plummer: For what? Commissioner Gort: The flea market on 15th and 8th Street. 88 July 10, 1997 L SY: Vice Mayor Regalado: Commissioner, I also have something to say about that. Like you, and I like I guess all of us. And, what we requested was that the merchants in Southwest 8th Street will be asked and that you will bring their views if they are agreeing with that. Have they... Ms. Johnson: OK, that is correct. We have had a preliminary meeting with Luis Sabrines of CAMICOL. We have met with a certain other merchants of Little Havana. We have offered and will continue to offer preferential rates to any merchants that want to participate, preferential sites. We will provide marketing for the area and promotion and we will continue to seek the ! cooperation and participation of area merchants in the public market. It will... Vice Mayor Regalado: But, have they agreed? Ms. Johnson: We so have the support of CAMACOL. I had expected Mr. Sabines to be here this morning and perhaps, we were just quick getting to this item this morning which is why he is not here. f Commissioner Gort: Let me ask you a question, this one particular association that works within that area that is called Latin Quarter Association. Ms. Johnson: Yes, we have had a meeting with the Latin Quarter Commissioner Gort: You have had conversations with them. Ms. Johnson: Yes, we have had. Mr. Canton and Mr. Casanova from our staff met with them early this week and we do have their support as well. Again, this is approval in principle only. We will need to come back the Commission with an agreement spelling out all the rules and regulations for the operation of this market. Commissioner Gort: OK. Under those conditions, and I will second it, you will have to come back to us with specific recommendations and plan how they are going to be using the products. Ms. Johnson: Certainly. Vice Mayor Regalado: But, they have to come back to us before finalizing the agreement. Commissioner Gort: Yeah, sure. Ms. Johnson: That is correct. We will come back to you with an agreement for you to review. Commissioner Plummer: Well, you know, you are going to have to come back with an awful lot because I want to know what they are going to sell. I want to make damn sure they are not selling fish. You remember what happened to us over here at the Flagler Dog Track, the odors that drifted across over there? I want to know if it's going to be an everyday event, if it's going to be just weekends. I would prefer that we have it for a six month period than a year. Are they going to require occupational licenses, as we do in the Dinner Key Auditorium? All of these questions have to be answered. Mr. Gort makes a good point and I will tell you something, if I was a merchant on Southwest 8th Street and you open up this circus in competition with me, I'll tell you down the street bum. Ms. Johnson: The firm that we are working with is very sensitive and we have with us today, Mr. Pascal Bensidoun from Bensidoun U.S.A. He has made the trip from France. He has had over... four of his families have over 40 years experience in running public markets in France. They are the largest public market operator in France. They will be operating... what they hope to operate are three sites within the local area. They will operate from two to three days a week 89 July 10, 1997 1r rMu, rV at each site. We are looking at two sites within the City of Miami and one on Miami Beach. They will have limited hours of operation, They will work with area merchants. They cannot survive without the support and cooperation of those merchants. Commissioner Plummer: Well... Mayor Carollo: How about the fish? The Commissioners are very interested in fish. Commissioner Plummer: You bet your hippy. They've got to roost. Ms. Johnson: Well, we would abide by the regulations of the Health Department and we will perhaps put fish in on a test case basis. Commissioner Plummer: I prefer you not to. Well, I think this matter is going to be deferred. Are we talking right? Ms. Johnson: Fish, I think is an important attraction to ... Commissioner Gort: No. We have got to approve the.... Commissioner Plummer: Huh? Commissioner Gort: They have got to come back to us. Commissioner Plummer: Oh, this is in principle. Ms. Johnson: ... consumers and getting fresh fish might be a good thing, but I can understand the concerns. Commissioner Plummer: How much is the City getting out of it? Ms. Johnson: That's to be negotiated. We will be looking at a fair market value. Again, it is a temporary setup. It's an open air market. They are not going to be making permanent structures on the site, open air, under a canopy. Commissioner Plummer: I move that we accept it in principle. Commissioner Gort: I second it. The dock correctly, could do a lot of good. There are a lot of artists and people... Ms. Johnson: Craftsperson. Commissioner Gort: ... in the artist business that would like to have a place to exhibit. They have had exhibits there in the past and have worked out good. So... Commissioner Plummer: Move it in principle. Commissioner Gort: ... as long as it comes back to us, I'll second it. Mayor Carollo: Well, I think this is exciting. I mean, we have to be careful going about it but when you have the largest open air management company, open air markets in France that's coming to Miami, it's starting to show us just how much interest there is for Miami and the rest of the world. And, you know, this is only one of so many, many people from across the world that have been coming from Miami... 90 July 10, 1997 Commissioner Plummer: We tried to get Bayfront Park, it didn't work. Mayor Carollo: ... in past months looking to invest here. So, I think it's exr'ting. There is a motion, there is a second to approve it in principle. All in favor signify by sayi►: v; "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. Congratulations sir, and I hope you negotiate accordingly. Thank you. Mr. Pascal Bensidoun: Thank you. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-475 A RESOLUTION APPROVING, IN PRINCIPLE, THE USER OF CITY -OWNED PROPERTY, KNOWN AS THE FORMER PIONEER CLUB SITE AND/OR THE FUTURE LATIN QUARTER SPECIALITY CENTER SITE, MORE PARTICULARLY DESCRIBED HEREIN, BY BENSIDOUN USA, INC. FOR THE PURPOSE OF CONDUCTING A TEMPORARY OPEN-AIR PUBLIC MARKET ON A TRIAL BASIS FOR A PERIOD OF ONE YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A REVOCABLE LICENSE FOR SUCH PURPOSE TO BE PRESENTED TO THE CITY COMMISSION FOR APPROVAL, MODIFICATION OR REJECTION. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 40. BRIEF COMMENTS BY CITY ATTORNEY REGARDING OUTCOME OF TARAFA LAWSUIT AND FIREHOUSE 6. ---------------------------------------------------------------------------------------------------------------- Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I... I just want to advise you, I was just informed. I don't know if you remember the Tarafa lawsuit that we had involving a construction. I think it was one of the firehouses where we got a one point two million judgment against us. Well, the Third DCA (District Court of Appeals) just reversed it. So... 91 July 10, 1997 A Commissioner Plummer: You should have never lost it in the first instance. Mayor Carollo: The Third DC (District Court) overturned it? Mr. Jones: Yes. Commissioner Gort: Which is this? Commissioner Hernandez: He just earned his part of bar dues. Commissioner Plummer: Yeah. Mr. Jones: Yes. Commissioner Plummer: He should have never lost it in the first place. Commissioner Gort: What? I am sorry, I didn't hear. Which is this? Mr. Jones: This was a construction lawsuit where we were sued for delayed damages and the like. And, I think it was one of the Firehouses. Firenhouse number six or four or whatever it was. But, anyway the elements of damages were such that the award of damages, including interest were one point two million. And, of course, we appealed to the Third District and we just got a notice that it was reversed. Commissioner Gort: Right. Thank you. END OF DISCUSSION -- NO ACTION TAKEN ---- ---------------- --------------------------- ----- ------------------ ----------- ------- ------------------------ 41. DIRECT ADMINISTRATION TO NEGOTIATE AGAIN FOR FIREHOUSE FOUR PROPERTY UNDER SAME CONDITIONS AS BEFORE. -------- ------------------------------------------------------------------------------------------------------- Commissioner Gort: That brings me to a question. Firehouse, is it four, the one on Miami Avenue? Commissioner Hernandez: The deadline was yesterday. Commissioner Gort: They had to come up with the contract. Commissioner Hernandez: The deadline was yesterday. Mayor Carollo: What was the deadline? Was it yesterday or...? Commissioner Gort: Yesterday. Commissioner Hernandez: Yesterday. A 30-day extension. Mayor Carollo: Whatever happened with that? 92 July 10, 1997 Ms. Dena Bianchino (Assistant Director/Asset Management): They did not conform with the required payment. Commissioner Gort: OK. We are going back to the second bidder and negotiate with them or you are coming back to us? Ms. Bianchino: You need to advise us on how you want to proceed with that. i Mr. Robert J. Nachlinger (Assistant City Manager/Finance & Admin. Dept): Commissioner... Commissioner Hernandez: Isn't automatically you proceed to the second bidder? Ms. Bianchino: It is up to the City Commission to determine whether they want to proceed with i the second bidder... Mr. Nachlinger: We anticipate being on the 24th agenda for a rejection of the first bidder and authorization to negotiate with the second bidder. Commissioner Hernandez: Why don't we just move ahead? Commissioner Gort: We are doing that. Mr. Nachlinger: This has gone long enough. Vice Mayor Regalado: I move to start negotiation with the second bidder. Commissioner Gort: Second. Commissioner Hernandez: Second. Mayor Carollo: Yeah, under the same conditions that we... Commissioner Gort: Right. Mayor Carollo:... that we negotiated with the first bidder. Commissioner Plummer: Well, you know, don't kid yourself. He has already said he is not coming anywhere near... Mayor Carollo: Well, see, but Commissioner, if we were going to demand more of the first bidder and now we are going to negotiate with the second bidder requesting less... Commissioner Plummer: No... Mayor Carollo: ... then in my way of thinking then we should have made the same offer at least and go back to the same bidder, to the first bidder, and be able to offer them the same terms and conditions that we might offer this one because it's going to be less. Commissioner Plummer: Well, if what you are saying... Because remember this was a bidding process. Mayor Carollo: That's correct. 93 July 10, 1997 Commissioner Plummer: What he has said is, what I have understood, that he will stand where he made his bid before. But, let's also understand that his bid was nowhere near what the bid was that we chose to award. Mayor Carollo: Yeah, but we requested additional requirements of the first bidder. Commissioner Plummer: Well, OK. I am just... you know. I think what you are going to wind up doing, whether we like it or not. You are going to go back out to another bid. So... Mayor Carollo: Well, it might be in the hest interest of the City to do it. Commissioner Plummer: I agree. END OF DISCUSSION -- NO ACTION TAKEN ---- ------------------ --------------- -------------- ---- -------- ---------- •------ -------------------------------- 42. APPROVE SPILLIS CANDELA TO PROVIDE PROFESSIONAL ARCHITECTURAL / ENGINEERING / AVIATION PLANNING SERVICES -- FOR FEASIBILITY PLAN / DESIGN / PREPARATION OF CONSTRUCTION DOCUMENTS / CONSTRUCTION ADMINISTRATION -- FOR WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: All right. Where are we? We are in 34 that we voted for. Commissioner Hernandez: We are in 35. Mayor-Carollo: We are in 35, now. Mr. Jack Luft (Director Planning & Development): Thirty-five is a resolution approving the findings of a selection committee for approval of the most qualified teams in rank order for architectural services for the Watson Island project. Mayor Carollo: OK, Jack, before we vote on it, can you go down the process so there is no question from anyone... Mr. Luft: Right. OK. Mayor Carollo: ... so that we can... Commissioner Plummer: Has anybody seen the bids? Mayor Carollo: I have not. Commissioner Plummer: has anybody seen the bids? Mayor Carollo: We could put it on public record. The process that was followed. Commissioner Plummer: Where? When did you get it? Mayor Carollo: Who were the people in the committee that graded the firms? 94 July 10, 1997 0 .11 .1,i.R 71q �'Et1i Commissioner Plummer: No, no. Have we received the recommendations? E Mr. Luft: Yes. Ms. Diane Johnson (Development Coordinator/Planning & Development): I have an extra copy. Mr. Luft: Right. We have the recommendations... Commissioner Plummer: No, my question. is... My question... Mayor Carollo: We never got the last rankings. Mr. Luft: You got all of the submissions. Commissioner Plummer: Did we ever get the recommendations of the selection committee? Mr. Luft: Yes. Commissioner Plummer: That's what you are giving out now? You delivered this to my office, yesterday? Mr. Luft: You got it yesterday, the committee met the day before yesterday. i Commissioner Plummer: Sir, I checked my office this morning and I did not receive it yesterday, unless they hid it. Mr. Luft: It was... Commissioner Plummer: I think that... Vice Mayor Regalado: I did. I did. Commissioner Plummer: OK, well, maybe you did. Should we take the time to read it, or is it of no value? Mr. Luft: This is a rank order from a selection committee... Commissioner Plummer: I am saying the memo is... Should we take the time? Is there a value in reading or is there no value in this memo and we don't read it? Mr. Luft: There is... Commissioner Hernandez: Mr. Mayor, for discussion purposes I want to make a motion that we approve the recommendation of the selection committee according to how they rank it from one to four. And that... j Mayor Carollo: Commissioner, if I may? I would like to go through the process first. Commissioner Hernandez: No problem. Mayor Carollo: Then, I will open it up to motions and, you know, I will tell you now that unless I hear something that indicates to me that there was not a level playing field I would vote and encourage a motion such as that to approve the recommendations. 95 July 10, 1997 N ti. Commissioner Plummer: Well, I would hope that they are going in their proposal, Mr. Mayor, that they are going to give us a lot more than what's in this item here, of item 35. Commissioner Plummer: No, I am talking about of the selection committee. Commissioner Gort: Oh. Commissioner Plummer: How much are they going to cost? What are the time frames? What are the penalties? What are the performances? And, the one thing that I am going to be emphatic, that the architects know that there are "X" number of dollars to spend. And, that in the same way that I will put a demand upon the company that is granted the construction contract, that he must provide with a Performance Bond within those dollar parameters that the architects are going to come back with a plan that will allow a company to come within those dollar parameters. Mayor Carollo: Commissioner, the Visitors and Convention Center of Miami and Greater Miami will be paying for this project so... They stated that they will pay for half of it and the other half the State of Florida will be paying for it. So... Commissioner Plummer: Then, if that's the case Mr. Mayor, why are we making the approval? Let me them go on the hook. Mayor Carollo: Well, we have to approve it but they are the ones that are paying for it. It's going to be our building. We really don't have to get into many of the normal things that we would if it was our nickel. If they want to spend more money on it, hey, I encourage them to. It's not going to cost us anything. We will have a better and bigger building. Mr. Luft: OK. This is a selection process for qualifications which would... if approved in rank order would allow the Manager to negotiate to negotiate with the number one firm to bring back the contract and to he able to present to you, Commissioner Plummer, the terms and conditions that you are speaking of now. That with a contract would come back. This is only the first step to identify the firm to negotiate with. The process was advertised publicly, invitations were sent to professional firms qualified to present these services. We received in total, how many proposals? Ms. Johnson: Eight. Mr. Luft: Eight proposals. From those eight proposals we short-listed four firms. Those four firms presented their qualifications in an oral presentation on Tuesday. They were ranked and rated in the following order: Apillis Candela and Partners, number one; Architectonica International, number two; Woltberg Alvarez and Partners, number three and Bermello & Ajamil, number four. It is the Manager's recommendation that we be allowed or directed to negotiate with Spillis Candela, the number one firm. Commissioner Plummer: And, why did we choose that one over the others? Mr. Luft: It was a combination of experience, qualifications of individuals within the firms to do r the architectural design and the aviation planning services that this facility will require. In the opinion of the committee, on a ranking and rating basis, Spillis Candela had the most extensive and superior combination of experience and professional capabilities of the team. Commissioner Plummer: Was price discussed? 96 July 10, 1997 ,t. ti.. Ms. Johnson: No. Mr. Luft: No, sir. Price cannot be discussed according to State Law. This is strictly qualifications. I I Commissioner Plummer: Thank you. GMayor Carollo: Who were the members of the committee? Mr. Luft: The members of the committee were... Mayor Carollo: And how were they chosen? Mr. Luft: The members of the committee are chosen as directed by the Charter. Certain departmental and project participants must be represented on the committee. Specifically, it was Robert Nachlinger, Assistant City Manager representing the Manager's office. Lourdes Reyes, Comptroller representing the Finance Department. These are required positions in the Charter. It was from the Department of Development, Arleen Weintraub as Assistant Director. Jose Casanova as an architect, registered architect. Gary Lechtner who is the Project Manager, which is required. Bill Talbert from the Convention and Visitors Bureau who is paying half of this project and the end user which is required. And, the Florida DOT (Department of Transportation) Carl Filer, who is the grantee from the State of Florida paying the other half of this project, so as the financial entity contributing the funds, they were required to be on the selection committee. Commissioner Plummer: Who was there from the private sector? Ms. Johnson: Carl Filer. Mr. Luft: Carl... Bill Talbert from the Visitors Convention Bureau. Commissioner Plummer: The private sector. He has a vested interested. Mr. Luft: No, that was required. Commissioner Plummer: Florida State has a vested interest. Who of the private sector, which is this Commission's demand and has been... Mr. Luft: No, sir. Commissioner Plummer: ... for an awful long time... Mayor Carollo: No, no. Commissioner Plummer: ... that the majority of a selection committee... Mayor Carollo: No. Mr. Luft: No, that's a UDP (Unified Development Project), sir. Mayor Carollo: No. Commissioner Plummer: No. Since when? 97 July 10, 1997 Mayor Carollo: That's what I am asking you, since when? Mr. Luft: On a Unified Development Project, Commissioner Plummer. Commissioner Plummer: We had said that we wanted people of the private sector on selection committees. Mayor Carollo: Yeah. Mr. Luft: No, on... For a Unified Development Projects, that is correct. This is a professional selection committee. According to criteria set by State law and we must follow that procedure in our Charter and these are the required positions. i Commissioner Plummer: And, we the Commission don't have the right to name these people. Mr. Luft: These are the requirements set out by the Charter. This is not... This is professional services selection as differentiated from the UDP which you pick the members. Commissioner Plummer: And we have no right to pick the members of a selection committee? Mr. A. Quinn Jones, III, Esq. (City Attorney): Not unless you change the Charter. Mr. Luft: This is the... From the Manager's office... f� Commissioner Plummer: If that's the name of the game, then that's it. ` Mr. Luft: This is from the Manager's office according to titles and representation of disciplines. Mayor Carollo: All right, Jack. Let's see, who are you all representing, please? Who are you all representing? Ms. Laurinde Spear: Architectonica. Mayor Carollo: OK, would you like to make a statement Ms. Spear: We would like to make a statement. Mayor Carollo: Feel free to, please. Ms. Spear: My name is Laurinde Spear. My address is 550 Brickell Avenue, Miami, Florida. And, I am the president of Architectonica. I usually don't complain about anything and so I would quietly make a statement about the process and about the project about... on which you are to vote. We are a Miami based architectural firm. We are women owned. I am a registered and practicing architect, perhaps one of the few women fellows of the American Institutes of Architects and a principle of the firm since its founding 20 years ago. Today, you are considering the award of an architectural contract for the design of the Watson Island Aviation and Visitors Center. Our firm was ranked second by the selection committee. However, we understand it's up to you and the Commissioners to make the final decision on the selection, which is the reason why the project is in front of you for your vote. We would like to provide you with the following background. First, during the months... During the past months, the City of Miami has issued two requests for proposals for architectural services. Once such RFP (Request for Proposal) was issued on January 27, 1997 by the Miami Off -Street Parking Authority, an agency of the City of Miami, for a major parking garage and retail building in Downtown Coconut Grove. The selection committee selected the firm of Spillis Candela and j 98 July 10, 1997 1 Partners to design this facility subsequent to the April presentations by the short listed firms. This announcement of the selection was made April 23rd. We understand an agreement has been reached on terms and that a contract is expected to be executed soon, if it is not already. Secondly, on June 13th, the City of Miami issued an RFP for the Watson Island project. On June 27th firms responded in writing and a short list of four qualified firms was issued on July 3rd. On July 8th, all four firms presented, and later that day, we received notification that the firm of Spillis Candela and Partners was ranked first, and that we, Architectonica were ranked second. We understand that out of 100 points, the difference between the two firms was only three points. This ranking is now in front of you for your consideration. We request your careful evaluation of the decision you are about to vote on for the following reasons: First, it's the policy of the City... Commissioner Plummer: Can I stop you? Ms. Spear: Yes, you may. Commissioner Plummer: Just so you know, that ranking is not in front of us and I think it should be by design. Mayor Carollo: It was just passed out. Commissioner Plummer: No, no, the points. Mayor Carollo: The points, no, that was not. Commissioner Plummer: The points is not in front of us, by the selection committee. Why not? Ms. Johnson: Because it's the ranking that you are to look at. Commissioner Plummer: That's not the point. I think we are entitled to see that. Ms. Johnson: We will provide that. Someone will provide it to me? Mr. Luft: Fine, we will... Commissioner Plummer: I am sorry, proceed. And, I am sure they are going to bring it to us now, once you have asked for it. Mr. Spear: Thank you. It's the policy of the City of Miami to distribute the work amongst the professional community. It's therefore not logical that the two most important architectural projects issued this year to -date by the City and its agencies are to be awarded to the same architectural firm. This is wrong, especially since there is a stated policy regarding distribution of work. Secondly, this award is even more unsettling to us due to the fact that the selected firm on both projects is not even based in the City of Miami. But, instead is located in Coral Gables. Some of the members of this Commission have expressed in the past their desire to issue contracts to firms who operate within the City and is supported as taxpayers, as we do. In contrast, our office is located at 550 Brickell Avenue, within the City limits. Furthermore, the principles of the firm have invested in the purchase of this building and are committed to this City. We have renovated the building and moved into it. We also, the principles of the firm, reside within the City limits of the City of Miami and have for 20 years. Architectonica, fourthly was founded in 1977 in the City of Miami. During our 20 years of practice, the firm has never been awarded a single contract by the City of Miami, in sharp contrast to the statistics of the selected firm. Of we were to be selected by you, this would be our first contract with the City in our history. It's our understanding that the rankings would have been a statistical tie if not for 99 July 10, 1997 r the three points deducted from our total because one of our consultants was unable to attend the interview. We have not verified whether such a deduction was made from other applicants who we know, their consultants did not appear either, however, we can attest to the difficulty of insuring attendance over July 4th holidays. One of our six consultants was away on an extended vacation and incorporated the 4th of July long weekend and resulted in his not being able to go to our presentation. In any event, three points in the context of 100 points, surely demonstrates that our firm is capable of producing the work. The RFP clearly outlines that another... that the business location is one of the suggested tie breakers. Another is minority participation. We were not aware of attendance by a consultant being the reason for a tie breaker or for such a critical deduction as it was not listed in the selection criteria of points. As a practicing woman architect, head of a woman -owned firm of over 100 employees within the City of Miami, I respectfully request your vote of confidence in our abilities to lead our team to design what should be a landmark for the middle of the bay on Watson Island. In summary, we would like you to consider, firstly, the stated policy of distribution of work as it relates to awarding two consecutive contracts to the same firm. Secondly, the same policy as it relates to awarding a contract to a firm who has had no contracts ever with the City of Miami in 20 years and thirdly, the stated policy as it relates to awarding work to qualified firms located and practicing within the City of Miami. Thank you, gentlemen. Mayor Carollo: Thank you. Jack, anything you would like to add to that? Mr. Luft: Yes. There is a specific procedure outlined in State law for dealing with past contracts and points awarded or deducted for that past work. The law states that you shall consider fees received within the last five years from firms as a basis for deducting points to allow for the distribution of work. Spills Candela has not received any fees from that parking garage project that is still, yet to begin. Strictly, in accordance with the law and the way we must evaluate that the proper points were considered in the evaluation of past experience by the selection committee. It was brought to their attention in the process that they had been negotiated and awarded the contract for the Parking Authority project but that strictly in accordance with State guidance we considered the points and assigned them appropriately. Commissioner Hernandez: Mr. Mayor, if you are ready for a motion or if you want to leave it for further discussion. Mayor Carollo: No, no. I am ready for a motion. Commissioner Hernandez: I... Mayor Carollo: Let me say this for the record, for the firms that are here, those that are watching now from NET 9. There are going to be more projects coming in line for the City of Miami in the next several years than there have been in the last 40, 50 years that that City has existed. In fact, there is no question in my mind that in the next five years, we will be awarding more projects on developing many of our properties in the City. So, there will be opportunity for everyone to participate and I would hope that we will try to be fair in dividing contracts out for many of the different firms that participated in this one. And, at the same time, I do think that in the future we need to try to help, within reason, the firms that are based in the City of Miami. And, there are several other firms that participated in this bid process that do have offices in the City of Miami. Having said that, I think that the process that was followed was a fair process. And, I am ready to accept a motion. Commissioner Plummer: Well, Mr. Mayor, I accept the motion and I understand the motion. But, I think that, you know, in the same way that we have given consideration in the past for people who reside and work and operate and pay their taxes in this City that have always had a break, I don't know why it can't be applied here. 100 July 10, 1997 i&& t�'"Tj`� AA Mr. Luft: Points were awarded for offices in the City. Commissioner Plummer: Well, you... Jack, I don't see the points. You give me no... Mr. Luft: We will... We are photocopying them so that you can all have them. We will bring them out in just a moment. Commissioner Plummer: For some reason there seems to be an awful big rush in this particular item. I can't remember a time when something has come up so quickly and passed so fast and so little information has been given. Look, Candela Spillis is a good company. There is no question in my mind and I have no problem voting for them. But, for some reason this thing is on a locomotive. For some reason this thing is running down that track, 150 miles an hour and very little bit of information is being given to us. Mayor Carollo: Well, it's not running 150 miles an hour, Commissioner. It's running at 250 miles an hour. And, I'll answer that for you, why I think it's running so quickly. Commissioner Plummer: OK. Mayor Carollo: And, it's basically that this Commisison needs to get a major key project, such as this, moving in line, so we can receive revenues for the City of Miami and that we could start doing things that will be brining, not only the additional revenues but that will be bringing and helping additional visitors, tourists, and create jobs for the City of Miami. Commissioner Plummer: Mr. Mayor... Mayor Carollo: If you would like to take some additional time and bring it back this afternoon, I will be happy to defer it to the afternoon but... Commissioner Plummer: Mr. Mayor, I don't want to defer it, OK? I am just saying that here we are making a decision that's going to he for 45 or 50 years and we have so little information. We have nothing from the administration. The selection committee was day before yesterday and normally under the circumstances we would have time to review and go over, ask questions. We didn't get anything until this morning, a memo from the administration. Look, I have no problem with the firms that are chosen, they are good firms. I am just stating for the record, it seems like that train is moving awful fast and not leaving off a lot of freight. That's all. Mayor Carollo: The problem is, Commissioner, the train wasn't moving at all in the last decade. And, now we have got the right locomotive and we are going at the right speed that we should have been going a long time ago. So, maybe it seems now that things are moving quicker because you were here at times that it wasn't moving at all. Commissioner Plummer: You are right. But, sometimes it's better to sit things right than doing them in a rush. This is... Whose ranking is this? Mr. Luft: These are the point totals of each of the selection committee members. Commissioner Plummer: But, I am... it doesn't tell me whose ranking each one of these are. Mr. Luft: OK, the sheets... Mayor Carollo: By the way, so that we could... 101 July 10, 1997 i Mr. Luft: Right. He wants to know whose numbers are whose. Mayor Carollo: ... be... Excuse me, Jack. Mr. Luft: We have the selection forms here. Mayor Carollo: Hold on for a minute. There was a motion, was there a second? Commissioner Hernandez: I made the motion. Mayor Carollo: Yeah, there was a motion by Commissioner Hernandez and it was seconded by Commissioner Gort, OK. I Mr. Luft: These are the signed forms. This is Lourdes Reyes. Commissioner Plummer: OK. Give me copies, please? No, I am just looking at this, Mr. Mayor. If you look at the thing, what a great variety that you have in the selection committee as to how they judge different points. You go from whatever the ranking for what it was, I don't know. One of the rankers did the top company, number one and the next company, three; and the next company it was incredible. Commissioner Hernandez: I have nothing to compare here, I... Mr. Luft: I can tell you the top rank firm received four of the seven first place votes, the other three being second. I Mayor Carollo: All these firms are top, ranked, professional firms... Commissioner Plummer: Oh, they are very definitely, Mr. Mayor. Absolutely. Mayor Carollo: ... that any one of them would do an excellent professional job for us. i Commissioner Plummer: This is not the point system, this is the ranking system. { Mr. Luft: That's the ranking. First they... Commissioner Plummer: Where is the points? Mr. Luft: The points are on these sheets here. Commissioner Plummer: All right. I'll look them over. OK, if I have any questions, I can bring them up later. Mr. Luft: Which...? Go ahead. Ms. Johnson: The first page that you should have would be the ranking provided by one of the i committee members, Lourdes Reyes. The second photocopy that we provided you gives the + total ranking of three of the committee members, Mr. Casanova, Mr. Talbert and Mr. Letchner. The next page that we provided to you provides the total point score given by Mr. Filler, Ms. Weintraub and Mr. Nachlinger. So, we have given you the final scores given by each of the committee members and then the ranking as it was totalled out by the total committee. Commissioner Plummer: And, do they know who A, B...? 102 �7 July 10, 1997 Im Ms. Johnson: I believe we wrote it on it. Mr. Luft: Yes, "A" is Architectonica. Commissioner Plummer: "B"? jMr. Luft: "B" is Bermello & Ajamili. "S" is Spillis Candela and "W" is Woltberg Alvarez. Commissioner Plummer: Thank you, sir. Mr. Mayor, you can call the roll and proceed? 1 Mayor Carollo: Call the roll, please. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-476 A RESOLUTION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE AS TO THE MOST QUALIFIED TEAMS, IN RANK ORDER, TO PROVIDE PROFESSIONAL ARCHITECTURAL, AND ENGINEERING AND AVIATION PLANNING SERVICES FOR THE FEASIBILITY PLAN, DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION i FOR THE WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT; i AND AUTHORIZATION AND CITY MANAGER TO NEGOTIATE WITH THE MOST QUALIFIED TEAMS, IN RANK ORDER, UNTIL HE ARRIVES AT AN AGREEMENT WHICH IS FAIR, COMPETITIVE AND REASONABLE, FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR THEIR RATIFICATION AND APPROVAL. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 103 July 10, 1997 .taR 7y!?pt!iT S, s*� ---------------------------------------------------------------------------------------------------------------- 43. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 36 (PROPOSED WAIVER OF BIDDING REQUIREMENTS TO AUTHORIZE LEASE AGREEMENT WITH MIAMI YACHT CLUB, INC. FOR LEASE OF REAL PROPERTY AND BAY BOTTOM AT 1001 MACARTHUR CAUSEWAY, WATSON ISLAND) -- FURTHER DIRECT MANAGER TO MEET WITH MAYOR CAROLLO AND POLICE ON SAME. Mayor Carollo: All right, we are now on the next item on the agenda which is item 36. Commissioner Plummer: Where are we? Mayor Carollo: Thirty-six. Commissioner Plummer: Thirty-six. Did we ever get their budget? Ms. Dena Bianchino (Assistant Director/Asset Management): The Yacht Club? Commissioner Plummer: We were supposed to get a budget in their P & L, what their total revenues were. Ms. Bianchino: I have it. I did not submit it with a package to you. Commissioner Plummer: What is there...? What was their last year's total revenues? Hello? Ms. Bianchino: I am looking. Do you have that information? Their net income... Commissioner Plummer: I didn't say net, I said their total gross revenues. We... Our nine j percent... Commissioner Hernandez: Have they ever gotten close to four hundred thousand dollars ($400,000), is the bottom line question, I guess? Ms. Bianchino: Yes, they have. Yes, they have. They have gotten to, I believe it was three hundred and eighty-nine thousand dollars ($38.9,000). We are very close to four hundred thousand. Commissioner Plummer: So, under this system we would get nothing kicked in after the initial rent, is that correct? Ms. Bianchino: No, no. We are asking for a base monthly rent of twenty-nine hundred dollars ($2,900) which is thirty-five thousand dollars ($35,000) a year... Commissioner Plummer: Correct. Ms. Bianchino: ... based on two appraisals and we would get nine percent of gross revenues in excess of four hundred thousand dollars ($400,000). Commissioner Plummer: And, they are not at four hundred thousand, so we get nothing. That's the point I am trying to make. 104 July 10, 1997 Ms. Bianchino: No. Commissioner, they are not operating at full capacity. Ever since the hurricane they have had problems leasing up. They are prepared now with a lease to put capital improvements into the project and feel they can lease up their spaces and we feel quite optimistically that they are going to reach the four hundred thousand dollars ($400,000) very quickly. Commissioner Plummer: How does this lease compare to the Outboard Club. Ms. Bianchino: OK, the Outboard Club has approximately a few... It has about five point six nine acres and we are talking about six point five six acres. The Outboard Club pays the same amount of rent, thirty-five thousand dollars ($35,000) a year and the terms are very much the same. We tried to model them to he fair to each of the clubs. Vice Mayor Regalado: The Outboard has one less acreage? Ms. Bianchino: That's correct. Commissioner Plummer: And... Vice Mayor Regalado: Are you charging them the same? Ms. Bianchino: That's correct. Vice Mayor Regalado: And why is that? Commissioner Plummer: Why wouldn't we get more here? Vice Mayor Regalado: That's... Ms. Bianchino: I'm just... The reason that we went about it this way is because we had two appraisals done, two fair market appraisals based on the Yacht Club. Based on a lease with a nonprofit organization. The fair market appraisal came in at exactly the levels that we are talking about in our recommendation. Commissioner Plummer: How much was it? Ms. Bianchino: Well, we had... I'll tell you, Commissioner. We had one appraisal that said that the base rent should be twenty-five thousand dollars ($25,000). Commissioner Plummer: I'm not asking that the appraisal, how much was the appraisal? Ms. Bianchino: No, that's what this... How much was the appraisal? Commissioner Plummer: Yeah. Ms. Bianchino: Oh, I don't know. Commissioner Plummer: Well, I mean was the property that they are anticipating worth eight million dollars ($8,000,000) or two million dollars ($2,000,000)? Ms. Bianchino: Well, the appraisal was done based on the income approach. Based on the value of a yacht club operating on Watson Island. Commissioner Plummer: Waste of money. OK. 105 July 10, 1997 Jr Commissioner Hernandez: What is the justification for waiving competitive bidding in a referendum process? Has their lease expired? i Ms. Bianchino: Their... k Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah, twenty.... Remember, you have 29(d), that j last year the Commission, I am sorry, went to referendum that gives the Commission the... I should say, should give the Commission the authority to waive competition to a nonprofit group that's operating water related activities, whatever else. So, that's... Commissioner Hernandez: And, it's only specific to...? Mr. Jones: Nonprofit. Commissioner Hernandez: Nonprofit. And, it has to be water related? Mr. Jones: Yes. Mr. Luft: Water recreational. Commissioner Hernandez: Water recreational. Mayor Carollo: I would like to defer this item. Commissioner Hernandez: I second it. Mayor Carollo: There are some areas here that I need to sit down with the administration on and make sure that we have a representative from the Police Department when we meet on that. i Commissioner Hernandez: I make a motion to defer. 1 Mayor Carollo: There is a motion to defer. Vice Mayor Regalado: Second. Mayor Carollo: Second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: Thank you. Commissioner Plummer: On of the things that I am going to ask when you come back with this item, is that I know that the Outboard club is taking certain responsibilities like taking care of the ramp over there and making repairs to the ramp and also community service. Ms. Bianchino: Right. Commissioner Plummer: So, I would ask when these people come back that you outline in what they are going to do in community service as for this community. OK? Ms. Bianchino: No problem. Commissioner Plummer: Thank you. 106 July 10, 1997 1 9W y.. The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-477 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 36 (PROPOSED WAIVER OF BIDDING REQUIREMENTS TO AUTHORIZE LEASE AGREEMENT WITH THE MIAMI YACHT CLUB, INC., FOR LEASE OF REAL PROPERTY AND BAY BOTTOM LAND LOCATED AT 1001 MACARTHUR CAUSEWAY, WATSON ISLAND); FURTHER DIRECTING THE MANAGER TO MEET WITH MAYOR CAROLLO AND HAVE A REPRESENTATIVE FROM THE POLICE DEPARTMENT PRESENT AT SAID MEETING. Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: OK, would you all like to break now then since we have accomplished a lot this morning on the agenda and come back at 2:30. Commissioner Hernandez: Move to... Commissioner Plummer: Do we need to come back at two thirty or three? Mayor Carollo: Two thirty, yes. Commissioner Hernandez: Yes. Commissioner Plummer: At three. Mayor Carollo: I would say two thirty. Commissioner Plummer: Fine with me. Commissioner Hernandez: Move to adjourn 'till two thirty and reconvene. Mayor Carollo: All right, this Commission will reconvene at two thirty. Thank you. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:45 A.M., AND RECONVENED AT 3:16 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, INCLUDING ASSISTANT CITY MANAGER ROBERT NACHLINGER AND EXCEPTING VICE -MAYOR REGALADO AND CITY MANAGER-EDWARD MARQUEZ FOUND TO BE PRESENT. 107 July 10, 1997 -----•---------------------------------------------------------------------------------------------------------- 44. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE PURCHASE OF AMMUNITION FROM LAWMEN'S AND SHOOTERS' SUPPLY, INC. -- ALLOCATE FUNDS $80,530.28 FROM POLICE GENERAL BUDGET, ACCT. 001000.290201.6. 703. Mayor Carollo: We started a little later than we anticipated but we have been waiting to get some final numbers on our district boundaries that we anticipate to have them in the next half hours or two hours. So, if we could, while we are waiting to get those final numbers we would like to see if we could advance real quickly on some of the items that we still have left in the regular agenda. We last did in the morning session item 36, so we are now in item 37. It's a resolution. Commissioner Hernandez: I move it Mr. Mayor. Commissioner Plummer: I second it. Mayor Carollo: OK, it's been moved... Commissioner Plummer: I still don't know why they need seven hundred thousand rounds of ammunition but... I think they are trying to tell us something. Maybe for the election in November. Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." 108 July 10, 1997 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-478 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 BIDS, AND APPROVING THE EMERGENCY PURCHASE OF AMMUNITION FROM LAWMEN'S & SHOOTERS' SUPPLY, INC., IN AN AMOUNT NOT TO EXCEED $80,530.28, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.703 ($65,530.28 - FY '96-97) ($15,000.00 - FY '97-98); FURTHER, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS EQUIPMENT. (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 J.L. Plummer, Jr. Commissioner Humberto Hernandez Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Wifredo Gort Vice Mayor Tomas Regalado ---------------------------------------------------------------------------------------------------------------- 45. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE PURCHASE OF CUSTODIAL SERVICES FROM AFTER HOURS CLEANING SERVICES, INC -- ALLOCATE FUNDS $15,000 FROM POLICE GENERAL BUDGET, ACCT. 001000.290201.6.703. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: We are now in item 38. Commissioner Plummer: Move it. Mayor Carollo: There is a motion. Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. It's a resolution. All in favor signify by saying "aye." The Commission (Collectively): Aye. 109 July 10, 1997 Mayor Carollo: There are no "nays." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-479 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 BIDS AND APPROVING THE EMERGENCY PURCHASE OF CUSTODIAL SERVICES FROM AFTER HOURS CLEANING SERVICES, INC., FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $15,000.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.340; FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF A PURCHASE ORDER FOR SAID SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: e AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: ABSENT: None. Vice Mayor Wifredo Gort ---------------------------------------------------------------------------------------------------------- 46. ACCEPT BID: SOUTH FLORIDA MAINTENANCE SERVICE -- FOR FURNISHING OF EVENTS MAINTENANCE SERVICES TO ORANGE BOWL STADIUM -- ALLOCATE FUNDS NOT TO EXCEED $100,000, FROM ACCT 350503-340. Mayor Carollo: Thirty-nine. Commissioner Plummer: Thirty-nine, I would add the word "not to exceed" one hundred thousand dollars ($100,000) and I so move. Mayor Carollo: OK, on 39, there is motion by Commissioner Plummer with the word "not to exceed"... Commissioner Hernandez: Second. Mayor Carollo: ... one hundred thousand dollars ($100,000). It's been second by Commissioner Hernandez. All those in favor signify by saying "aye." 110 July 10, 1997 1�as �121; Mo The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-480 A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA MAINTENANCE SERVICE FOR THE FURNISHING OF EVENTS MAINTENANCE SERVICES TO THE ORANGE BOWL STADIUM AT A PROPOSED ANNUAL AMOUNT NOT TO EXCEED $100,000.00, ON AN AS NEEDED, CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR THE DEPARTMENT OF PUBLIC FACILITIES; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 350503-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 47. ACCEPT BID: BENNETT ELECTRIC SERVICE CO. -- FOR ATHALIE RANGE PARK SPORT LIGHTING PROJECT - SOCCER/BASEBALL FIELD, NO. B-6251 -- ALLLOCATE FUNDS, $137,070.78 FROM PROJECT 331070. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Forty has been withdrawn. Commissioner Plummer: Mr. Mayor, 41 and 42 are the ones that I asked about this morning, why there is such a major difference, it's both lighting of a park, one is for forty thousand and the other is one hundred and forty thousand. If you can give me the answer which you should have done at lunch, I would have gone over it. Can we skip over this and let him give me an idea or something? One, my problem, 41 and 42. Forty-two is a park lighting for forty thousand dollars ($40,000). The other, 41 is park lighting for one hundred and forty thousand and I am merely asking why is one so much more than the other? Mayor Carollo: That's a very fair question. 111 July 10, 1997 k. L, Commissioner Plummer: If he turns on the microphone I can hear you, Walter. Mayor Carollo: Excuse me, Walter, you are the one that controls the mikes from over there. Mr. Walter J. Foeman (City Clerk): Yes, Mr. Mayor. Mayor Carollo: Why didn't you tell me? Mr. Foeman: I just assumed you always realized that. Mayor Carollo: Well, from now on, you know, if you hear this -- thump -- you know, you go click. You know, like when you got someone that wants to talk for 20 minutes and... I am ` teasing. Thank you. Commissioner Plummer: Except Commissioners. Mr. John H. Jackson (Assistant Director/Construction Dept./Public Works): OK. Commissioner Plummer. Mayor Carollo: That's what I meant. Mr. Jackson: The two projects are similar. They are both lighting for parks. One is for Athalie Range Park, it's for sports lighting. It's lighting for baseball field and soccer and the intensity is j much greater than for the Buena Vista Park which is just security, it's just for security lighting only. You have got a difference in the equipment, for example, the poles -- the 85 foot high poles on Athalie Range, the 35 foot poles for Buena Vista. And, it's just the scope of work is different, basically. And, that's the difference in cost. Commissioner Plummer: OK, all right. I guess, it's just, you know, it was a big, major difference in two parks, that's all. I move 41. j Mayor Carollo: There is a motion on 41. I Commissioner Gort: Second. Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye" The Commission (Collectively): Aye. i 112 July 10, 1997 :t� The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-481 A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC SERVICE CO., IN THE PROPOSED AMOUNT OF $116,642.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED: "ATHALIE RANGE PARK SPORT LIGHTING PROJECT - SOCCER/BASEBALL FIELD (SECOND BIDDING), NO. B-6251," ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331070, AS APPROPRIATED BY THE FISCAL YEAR 1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $116,642.00 TO COVER THE CONTRACT COST AND $20,428.78 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $137,070.78; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 48. ACCEPT BID: BENNETT ELECTRIC SERVICE CO.INC -- FOR BUENA VISTA PARK LIGHTING PROJECT No. B-6266 -- ALLOCATE FUNDS FROM CIP 331396, $48,001.55. ---------------------------------------------------------------------------------------------------------------- Mayor Carollo: Forty-two. Commissioner Plummer: Move 42. Commissioner Gort: Second. Mayor Carollo: It's moved by Commissioner Plummer. Second by Commissioner Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." 113 July 10, 1997 'k. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-482 A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC SERVICE CO., INC., IN THE PROPOSED AMOUNT OF $40,187.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED "BUENA VISTA PARK LIGHTING PROJECT - NO. B-6266",; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL PROJECT NO. 331396, AS APPROPRIATED BY THE 1995/96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $40,187.00 TO COVER THE CONTRACT COST AND $7,814.55 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $48,001..55; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Caroilo NAYS: None. ABSENT: None. --------------------------------------------------------------------------------------------------------------- 49. BRIEF DISCUSSION REGARDING WITHDRAWAL OF AGENDA ITEM 43 (DISCUSSION CONCERNING OPERATION / MANAGEMENT PROGRAM FOR USE OF DINNER KEY COAST GUARD STATION PROPERTY AND SITE (VIRRICK GYM) BY SHAKE -A -LEG MIAMI, INC. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Can I ask why 43 was withdrawn? Vice Mayor Regalado: Because I had a lot of questions that I wanted to ask the administration so that... Commissioner Plummer: OK. So, do I, but I just wanted to make sure that... Vice Mayor Regalado: Yeah, they thought and I really agreed that it was best to meet first instead of a public forum asking some questions. Commissioner Plummer: OK. To the administration, the major problem that I have, Shake -A - Leg is one of the finest programs I know of. My problem is better than 50 percent of their monies go towards salaries and benefits and I need to know a better delineation... 114 July 10, 1997 Mayor Carollo: Well, that is a concern of more than yourself, Commissioner, plus others. Commissioner Hernandez: Yeah, yeah. I already took care of it. Commissioner Plummer: Yeah. So, I am just saying, when you come back, that's what I need to know. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 50. ADVERTISE / SCHEDULE FOR JULY 23, 1997, WORKSHOP AND SPECIAL COMMISSION MEETING TO DISCUSS DINNER KEY BOATYARD PROPOSALS. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Let me ask another question, if I may? We are going to have a special meeting on the 23rd of this month, correct? Mayor Carollo: That's the date the Manager was looking at. If it's not convenient for the members of the Commission, you could choose another. Commissioner Plummer: No. Fine with me. I just want to make sure that after we spend the day here that we are going to make a decision and make an award. Is that correct? Mayor Carollo: Commissioner, I would recommend to the City Attorney and City Clerk that it be advertised as a workshop and special Commission meeting so that at the end of that meeting we can bring it to a head if a majority of us wants to on that day and bring it to a vote. Commissioner Plummer: That's fine. Commisisnoer Hernandez: I second that. Mayor Carollo: However, I will say this for the record, that if for any reason, we do not come to a final conclusion on that meeting, I want to bring that issue to a ahead before we leave for the month of vacation... Commissioner Plummer: So do I. Mayor Carollo: ...those of you that will leave on vacation in August. Commissioner Plummer: I want to get that revenue. Commissioner Hernandez: So, if we don't make a decision on the 23rd, we would have to make it on the 24th? That's what you are saying Mayor Carollo: We can make it on the 24th or we can call another special meeting in July. Commissioner Plummer: OK. Commissioner Hernandez: OK. 115 July 10, 1997 �p4, w6DIN' . 14�) WFF Mayor Carollo: So, this should be advertised as a workshop, special Commission meeting for that particular issue. Commissioner Plummer: Thank you, sir. END OF DISCUSSION -- NO ACTION TAKEN --------------------------------------------------- ------------------------------------------------------------ 51. (A) RESCIND NOLAN CO. TOWING CONTRACT FOR ZONE 3 -- ASSIGN DIAZ TO ZONE 3 -- REASSIGN BACKUPS -- DIRECT ADMINISTRATION TO PREPARE REPORT DETAILING COMPLAINTS RECEIVED ABOUT TOWING COMPANIES -- DIRECT ADMINISTRATION TO INSPECT ARE AT OF S.W. 31 AVENUE BETWEEN 8 AND 10 STREETS, BEHIND HOME DEPOT, AND PREPARE REPORT OF FINDINGS. (B) DIRECT CITY ATTORNEY TO REDEFINE MEANING OF "LOBBYIST". Commissioner Plummer: Item 44 is Humberto's. 1 Commissioner Hernandez: Mr. Mayor, I put this on the agenda last Commission meeting and I am putting it on again because we didn't discuss it in the last Commission meeting. It goes back to several issues that are still up in the air. Number one, dealing with repeat offenders. What I mean a repeat offenders is the actual companies that we deal with that have existing zones that have been in breached and defaulted in the past year after year after year and then decide to comply with our contract, the existing contract when it's time or when the pressure is on. I, number one, would like to move and... to remove from the different zones the companies that have been in default in the past, reward those companies that either are in backup or are outside of the complete system that have never been in default and should have never been punished to begin with in the sense that they always paid on time, they always lived up to the letter of the contract with the City of Miami. I speak in specific to one company which according to my map is now in District II1, or zone number three which is Nolans, which again, year after year they have been in default of our contract. Number one, I think there are several companies out there that have lived to the letter of the contract starting with Diaz Towing, which is the one that I am recommending. Because number one, Diaz is now a back up but Diaz for all intent and purposes has been left without business because the actual special -- what do they call it? I just forgot -- the special events has been spread throughout the zones. So, Diaz Towing has been left out of j the picture completely. What I intend to do today and what I would like to make a motion is, to remove Nolans from it's zone three to include Diaz into zone three and then, in order not to leave Nolans out of the picture is to bring them back to a backup status in our current agreement. That's my initial motion. Commissioner Plummer: Well, I think that what you would probably have to do is to go into another procedure of bidding. Nolan's came to see me and their contention is that they are not in default as far as payment is concerned. That in fact, the City owes them money by virtue of the fact, as I brought out in the last meeting, the system that we used is archaic, according to them, and I asked that other systems be studied. I have said for a long time as I have sat here that I think we ought to take the towing out of the Police Department. I don't think it should be in the Police Department. I think it should be in GSA (General Services Administration) is where it 116 July 10, 1997 i rightfully should be, but that's another battle. My problem is, is not just that which you have brought out but the problem existing when we awarded these zones we didn't on a so called equity across the board that the zones would be somewhat the same amount of tows in each zone. And, we are finding that that is not the case. So, what I am saying to you is, I think we need to go further, even to the extent of complete rebidding. Now, that's all I am saying, is that you can't favor one without the other. I think you need to look at the total picture and I think that the picture ought to come out of the Police Department and go into GSA, that's what my thoughts are on the matter. Vice Mayor Regalado: If I may...? Commissioner Gort: Mr. Mayor. Vice Mayor Regalado: I think that what Commissioner Hernandez means with his motion is that the City should look out for its residents and consumers and whoever do not threat the consumers as they should be treated should in some way be punished, at least temporarily. And, this is why I will second the motion to change zone. This is not about equality in the number of cars being towed. Because, if we are going to analyze equality we have to consider the fact that Off -Street Parking operates in several areas of the City are served by other towing companies that were assigned those zones by the City Commission. I don't know how we can fix that but I think that the spirit of this motion is to advise all the companies, whether it be towing or any kind of companies that have businesses in the City of Miami that they have to respect the consumer. And, if you have some kind of complaints, so many complaints, you are going to have to just wait your turn and clear your name, clear your image, and then go back and I would think that in six months, one year period, the company should come before the City Commission and say, well, you know we have cleared our name and we want to have a fair chance in our zone. But, meantime, there has got to be some sort of punishment. And, this is what we are trying to do for the consumers of the City of Miami. So, this is why I second the motion. Commissioner Gort: Mr. Mayor. Mayor Carollo: Go ahead, Commissioner. Commissioner Gort: I think a few years back, I went back and I did have problems with Nolan's in Allapattah on 27th Avenue. And, I don't know if we have the Allapattah NET (Neighborhood Enhancement Team) in here, but unfortunately, they were not in compliance with a lot of the ordinance. They were taking into Code Enforcement, Code Enforcement had a lot of problems with them. At that time, I had problem with Nolan, at that time. I think all of the companies that we mentioned here were part of the process, they were part of the RFP (Request for Proposal), they all answered the RFP. We decided to select... or the Police decided to recommend to assign the districts to the different companies but we did make a statement that any company that did not comply, it should be taken out and automatically, whoever the other backup were, were to be brought up. At the same time, I think if we punish someone we should not go ahead and give them a relief. There is a company that I know some of you have talked about that has a contract with the Off -Street Parking, but my understanding is, which is Molina, was taken off the backup. I think they should be back into the back up. And, the reason being, they are talking about the downtown, they have the contract of Off -Street Parking, but being a member of the Off -Street Parking, I can tell you that they charge a lot less in Off -Street Parking. My understanding is, and we have the director here, he can testify to this. My understanding is their charge is about thirty- five dollars ($35)? Commissioner Hernandez: Twenty-five. Commissioner Gort: Oh, twenty-five dollars ($25) in downtown? Molina's Towing. 117 July 10, 1997 Commissioner Hernandez: That was... Commissioner Gort, Mr. Mayor, if I may? That's why I said it was my initial motion because I wanted to also speak of this company. When I initially brought up the issue of the task force, there really was a perception and I was one that thought the perception was real of a... the perception of illegality that was going on with Molina Towing, i with the task force because they were getting the bulk of the task force calls. Well, what I did not know at the time, and I think none of us knew, was that the task force was working directly with Off -Street Parking and Off -Street Parking had a contract with this towing company. The perception was there, it looked real but it in fact itis not a real perception. It is not a true to life and I think it's... they are due at least, I can tell you this, a point of clarification that I think, unless proven wrong, that they were not doing anything wrong. I believe, and Clark if you may, that contract is expired now, correct? Or is it still in existence? Mr. Cook: The contract with Molina? Commissioner Hernandez: Yes. Mr. Cook: We still have a contract with Molina. I think it has another year to go to my knowledge. Commissioner Hernandez: Now, he is capped. Is that company capped at twenty-five or thirty- five dollars ($35) every time you call? Mr. Cook: Yes, absolutely. Basically, what it amounts to, he is capped at twenty-five dollars ($25) every time he... if my memory is correct, I am having to juggle the figures. We were about twenty dollars ($20) cheaper than... Commissioner Hernandez: The going... Mr. Cook: ... what is being charged than the going rate. And, we got that way, Commissioner by simply saying we... Mayor Carollo: Is that why you guys tow more than everybody else? Mr. Cook: No, no, sir. We are not towing more. We are actually, if you look at our tows, Mayor, you would see that we are looking in May about 359 for the City of Miami. About 339 in April. So our tows are pretty way down there. We only tow in areas that is to what you call, endangering traffic or having no stopping, no standing sign. We do not tow in meters. So, our tows are down around 11 or 12 a day. And, mostly in that area. Commissioner Plummer: My question has to be, if you can tow for twenty-five dollars ($25) and we are trying to protect the public, why aren't all tows... Mr. Cook: Twenty-five... Commissioner Plummer: ... in the City of Miami twenty-five dollars ($25)? Mr. Cook: Commissioner, I don't know. We... Well... Commissioner Plummer: No, I am asking the question... Mr. Cook: We bid the product and... Commissioner Plummer: ... what is the difference of a tow for Off -Street Parking...? 118 July 10, 1997 Mr. Cook: ... don't hold me to twenty-five. I think the... Commissioner Plummer: I am asking the question, how much do you pay? Mr. Cook: I think the fee is sixty-five, we get twenty dollars ($20) and the vendor gets the remaining amount. I think your fee is like 85, you get 20 and the vendor gets the remaining amount. But, we did that because when we bid the project we said that is as far as we would go. Commissioner Hernandez: But, Clark, the vendor that you have a contract with actually makes less money for each tow for each tow then, than the regular tow company? Mr. Cook: Absolutely. Absolutely. Commissioner Hernandez: And, part... Commissioner Plummer: I am told... Commissioner Hernandez: Go ahead, Commissioner. Commissioner Plummer: I am told that 60/20 is what it is for the City... Mr. Cook: Yeah. Police Asst. Chief Martinez: Correct? Commissioner Plummer: ... which gives you a total of 80. Correct? Police Asst. Chief Martinez: Correct. Commissioner Plummer: Yet, there's is for 65 and... Mr. Cook: Yeah, I think ours is 65. Yeah. Commissioner Plummer: So, let me go back on my question again. Mr. Cook: And, we get twenty. Ours is 20/30. Commissioner Plummer: If we are here to protect the consumer and they tow for 65 for them, why aren't we getting 65 for all the rest of the tows in the City? Something is wrong. Commissioner Hernandez: Well that was what was agreed upon... Commissioner Plummer: No. Commissioner Hernandez: ... with the agreement. Commissioner Plummer: That's not my point. My point is, that we are charging from the Police Department eighty dollars ($80) to tow car and he is charging sixty-five. That's another fifteen dollars ($15). Why aren't all tows at sixty-five. Molina is not doing it to lose money. Let's admit the truth, OK? Commissioner Hernandez: Obviously. Obviously not. 119 July 10, 1997 Commissioner Plummer: So, then it would seem like to me that if we are going to go for that kind of a leverage that we ought to do all tows and go for that for the protection of the public. Now... Commissioner Hernandez: But we have an agreement though, an existing agreement with all these companies... Commissioner Plummer: Well, we are changing the agreement now. That's what you are proposing to do. I have one other question. Does anybody have, when we speak of default and other things, I have not seen any backup materials to say about defaults. Commissioner Hernandez: Well... Commissioner Plummer: And, of course Nolan's is not here to protect himself. Commissioner Hernandez: Right. The Department of Finance can give you... Commissioner Plummer: So, all I asking is... All I am asking is, do we have backup material to tell us in anyway, shape or form of defaults? Police Asst. Chief Martinez: Commissioner, the information that we got from Finance is that as of today, they all paid up. There were incidents a couple months ago where they were way behind. In fact, I think they took the letter of credit, a ten thousand dollars ($10,000) letter of credit that the City had to impound the letter of credit and then they came up with a second letter of credit. But, as of for the last month, month and a half, they have been paid up like all the other companies. Commissioner Plummer: Are the credit which you are giving to wreckers within 30 days? Police Asst. Chief Martinez: I am sorry, credits? Commissioner Plummer: Credits. It's my understanding when a wrecker is ordered and cancelled, they get a credit? Police Asst. Chief Martinez: That's correct. Commissioner Plummer: OK. Is it a fact that all credits are given within a 30-day period? Police Asst. Chief Martinez: It depends on the credit. What typically happens, we bill company "X" for 200 tows.. You know, we send it to Finance, Finance sends them the bill and they challenge some of those tows, saying we actually didn't tow 200, we towed 170 because we destroyed ten and... Commissioner Plummer: Is there any truth in the fact that sometimes those credits take two, three and four months? Police Asst. Chief Martinez: That is correct because some of those credits have to deal with the destruction of vehicles and it takes them a while to get the paperwork to get rid of a vehicle. Commissioner Plummer: OK. But, again, I am asking a simple question, do we have anything to say to this Commission that there are defaults, there are criticisms, there are complaints? Do we have anything? I have not seen anything. Police Asst. Chief Martinez: Well, I can... 120 July 10, 1997 Commissioner Hernandez: Let me answer that for a second. Police Asst. Chief Martinez: OK. Commissioner Plummer: OK. Commissioner Hernandez: Let me read something that you should have, which is the City of Miami Police contracted towing information. "After receiving the complaint of 26 overcharges, we conducted an independent audit of Nolan's. This audit found Nolans to have an additional 317 overcharges... Commissioner Plummer: OK. Commissioner Hernandez: ... since the beginning of November, 1996." Commissioner Plummer: What about the rest of the companies? Commissioner Hernandez: Three hundred and seventy overcharges. Commissioner Plummer: Do we have on the rest of the companies? Commissioner Hernandez: According to the complaints that I have here, I only have one overcharge sustained by Downtown Towing, One. Commissioner Plummer: OK. Commissioner Hernandez: The rest of the companies, none of them have been found... Commissioner Plummer: Any complaints at all? Commissioner Hernandez: Complaints of refusal to allow entry by Freeway, improper information is citizens by King's, Diaz - one with damage to vehicle. But, none of them have the overcharges that these people have been found to have committed. Commissioner Plummer: I appreciate you giving me the information for the people that I pay, did not give it to me. Police Asst. Chief Martinez: Well, and, Commissioner, let me clarify that. The question you asked was a different question. Commissioner Hernandez is correct. They were guilty of 317 or 320 overcharges. They were taken in front of the Towing Review Board. The Towing Review Board is part of the agreement of the contract. It's comprised of people appointed by the City Manager's Office, the industry and the Police Department and GSA, I believe. The Towing Review Board found them guilty of the violations of the overcharges. They mandated that they make restitution to the 317 or 320 people that were overcharged and they have made restitution. Commissioner Plummer: All I am saying is, that I would have thought that we would have all got information regarding the defaults, the overcharges and all of that. And, I can't speak for other Commissioners but I did not receive it. I don't know if others received it or not. Police Asst. Chief Martinez: That information has been sent a couple of times, Commissioner. Commissioner Hernandez: Commissioner, I think the facts speak for itself. I have no problem revisiting the whole towing contract in the future. I think it's time we do act and send a 121 July 10, 1997 message. I think it's time to... I am going to make my motion if you guys are ready to vote or second it, that's fine with me. And, my motion is twofold. One is to remove Nolan's from zone three and include Diaz Towing into zone three. To put, based on testimony that I have heard j from Clark Cook, to put Molina Towing back into backup status and to put Nolan's into a backup status at the same time. Commissioner Plummer: What is Molina doing? Police Asst. Chief Martinez: Backup... Commissioner Hernandez: Backup. Police Asst. Chief Martinez: Backup and Nolan's backup. ICommissioner Plummer: Yeah. Vice Mayor Regalado: I still want to know what's the criteria of the City of Miami Police Department in downtown Miami with the towing? Because, an elected official witnessed about a week ago and he is willing to come before this Commission, not a City of Miami elected official. But, he witnessed a City of Miami Police ticketing a car because it was parked right in front of the fire hydrant and then waited until a towing truck from the company that is on the contract for Off -Street Parking arrive. And, I don't understand if Off -Street or City of Miami have to call the same company? Police Asst. Chief Martinez: No, it's not. I think we use King's for downtown and Off -Street Parking of course uses Molina. Our officers, Commissioners, have been told numerous times that towing is our last option. If they are blocking traffic, it it's a safety hazard then we do tow. And, the number of tows for downtown since... in the last few months have gone down drastically, in the downtown area. I am not familiar with the incident you are talking about but we would be more than glad to take a look at it. If a City officer wants to tow, they can tow and call King's. Now, we maybe called to take afterwards and say why did you tow this car, when you had options and so on and so forth. But, that they are calling Molina to tow for them there, I mean, I haven't heard it before but we would like to see it. Vice Mayor Regalado: Well, I... Do you want this elected official Police Asst. Chief Martinez: Yes, sir. Vice Mayor Regalado: ... before this Commission publicly or do you want to meet with him and... Police Asst. Chief Martinez: No, I would love to meet with them and... Vice Mayor Regalado:... if so, what kind of action you will be taking? Police Asst. Chief Martinez: Well, we would have to see what the officer actually did. But, if he's actually shangaing and somebody else is walking by and says, can you tow this car for me? We will have to look... Vice Mayor Regalado: No, he waited for about 20 minutes, 15 minutes was... that's what he... Police Assist. Chief Martinez: But, I think Molina... I am not sure if Molina will tow for us if we tell them to tow, they have no contract with us. So, they, you know, they won't pay us, they won't get any monies that they tow for us. I mean, I can't fathom why the officer would do that 122 July 10, 1997 if he wants to tow. It he wants to tow he calls the zone company and the zone company takes it away. Why he will be using a second company that doesn't have the authority to tow from there is beyond me, but we will look at it. If the officer didn't follow the procedures he will be disciplined. Commissioner Plummer: Well, I will vote for your motion, absolutely. I still would like to know, the question is, when are we going to equate to the districts of being equitable across the board. One company I think is towing, and I don't know the exact numbers, like 60 tows. And, the one contiguous to it is drawing 200 tows. And, when are we going to speak to the fact that the consumer should be paying sixty-five dollars ($65) instead of 80. 1 mean, if we are here to try to protect the consumer, let's do it. Commissioner Hernandez: Do you want to revisit the... Commissioner Plummer: Oh, I think you have got to. Commissioner Hernandez: ... entire contract. Commissioner Plummer: I think you have got to. Commissioner Hernandez: I'll add that to the motion and we will do that in September. Commissioner Plummer: So be it. Commissioner Hernandez: We have got one more meeting in... Commissioner Plummer: That's fine. That's fine. Commissioner Hernandez: OK. I'll add that to my motion. Commissioner Plummer: That's fine. Commissioner Hernandez: We have a second. Vice Mayor Regalado: Well, I don't think that we, you know, in September to start this whole process again, it will be really... Commissioner Plummer: We are not starting it, we are just reviewing it, that's all. Vice Mayor Regalado: Yeah, but the way that the Commissioner is saying to analyze again the whole contracts, you mean the zones, award the zones and everything? Commissioner Plummer: Tomas, when this thing originally came before the Commission, my question to the department was, are these zones pretty well equal in numbers of tows and they have a record or history of it? The answer was, yes, all right. Now, information that I have is, that it is not equitable, it is not absolutely and there is no absolute, but that there is a tremendous inequity between certain zones and for that reason, I think we need to revisit that scenario, OK? Vice Mayor Regalado: But, how do we...? How can we be equal if we have Off -Street operating in some areas... Commissioner Plummer: It has nothing... Vice Mayor Regalado: ... of the City and in some other areas they don't? 123 July 10, 1997 ast'•�'n 0 Commissioner Plummer: Tomas, it has nothing to do with Off -Street. Vice Mayor Regalado: Yes, they do. Commissioner Plummer: It's the ones that we have, it's the only ones that we control. Vice Mayor Regalado: No, no, no. But, it has to do a lot. Don't you think that, for instance, in downtown if the police has as a last resort, a towing, and we have assigned a company downtown and downtown is towing hundreds of cars, 300 and some. I understand, right? Police Asst. Chief Martinez: You mean from us or from Off -Street? Vice Mayor Regalado: Off -Street. Police Asst. Chief Martinez: Oh, I am not sure how many Off -Street tows, but they tow quite a bit. Vice Mayor Regalado: Well, whatever. But, what I am saying is, that makes a difference. And, in Coconut Grove, the one Off -Street tows also in Coconut Grove, Yet, the City of Miami Police as the last resort tows in Coconut Grove. So, whoever has the area of Coconut Grove which I believe is Ted Stantz or something... Commissioner Plummer: All I am saying is, is I thought he incorporated this, just look at it. [phonetic] Vice Mayor Regalado: No, but what I am saying J.L., is that because Off -Street is involved they have a parking garage in 79th Street too and they have one in 36th Street. So, they will be allowed to tow in those areas. Probably, they don't tow in Little Havana or in Flagami or in Model City because Off -Street doesn't operate in that area. Commissioner Plummer: Thank God. Vice Mayor Regalado: So... Yeah. So, to be equal is quite difficult because you have the element... We cannot look at the companies without looking at Off -Street Parking and their activities. Because, then we are going to have to say to the City of Miami Police, you have got to tow the same amount of cars that Off -Street tows. So, you guys have to tow half and Off - Street has to tow half and Off -Street has to tow half. And, how do you do that? It's almost impossible. Commissioner Plummer: That might be the alternative answer, but all I am asking is to look at it, that's all. Vice Mayor Regalado: Well... Commissioner Plummer: That's all. Mayor Carollo: OK, let me let the public and people in the industry speak. Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. And, I have experience of dealing with towing companies. And, I know a lot of people that have problem too. And, one of the big problems we got too there is, that the police... No, the police contact. Given too much power and in a way and goes into the individual because you are here, you sitting here. But, it's that officer out there that got the power to tow your car and... It happens to me. What they say 124 July 10, 1997 about towing my car when I was arrested a few years back, one Officer Garriga and he was sand bagging, and I told him he was doing that. And, he decided if POPO (Pissed Ott Police Officer), he arrest me. And, he told me "I am going to tow your truck there." I said "Uh-uh, you can't do that, give me a release." You see, I knew about the release and... But, many of the people there don't know about the release that you sign and you leave your car parked there. But, that's what they were doing because he was going to call his buddy -buddy from the towing company and get my car. Just the other day also, it happened to me the other way around. A friend of mine got a big tractor trailer in a residential neighborhood that's not supposed to be parked there and is supposed to be towed away on 24th Street from the Produce Market because they operate there and anything called the police, the police say no, nothing. That was July the 4th holiday. He say "No, I can't do anything. You have to call the NET" (Neighborhood Enhancement Team). The NET is closed on the holidays. So, who does anything? How come you allow a tow truck, a tractor trailer park in a residential neighborhood destroying everything...? Have it towed away. For that thing, there is no tow truck to do that. I don't know why. You have got to be consistent. If you are going to tow my truck, you have got to tow that tractor trailer in the neighborhood. Vice Mayor Regalado: Excuse me. There are trucks for tractor trailers because... Mr. Cruz: Oh, yeah, the Midtown Company does it. Vice Mayor Regalado: No, no, no. I personally went with the police officer through the area of Southwest 9th Street and 34th Avenue, and we towed a tractor trailer parked right in front of a house. Mr. Cruz: You can go to Allapattah every day. They park all over the neighborhood there. Tractor trailers, the trailers everything, whatever you want to do. Go around there or read it in The Herald. You can see the picture in The Herald. Commissioner Plummer: Mariano, just for the record. I think Commissioner Gort and I will attune that we are now immuned from being towed. Mr. Cruz: Right. Commissioner Gort: I have been towed away three times. Mr. Cruz: I know. You remember Magnum Towing, too? I know. Mr. Eddy Lacasa: Good afternoon. Eddy Lacasa on behalf of Molina Towing with offices at 701 Brickell Avenue. I don't want to... Mayor Carollo: Eddy, I am sorry, but I have to ask for the record, have you registered to lobby for Mr. Molina? Mr. Lacasa: I was coming in with check in hand, I have it right here, and... Mayor Carollo: Well... Mr. Lacasa: ... this was called before I had an opportunity to give my check. Mayor Carollo: I will be happy to make sure that you could speak but you have to take care of that first. I apologize. Mr. Lacasa: I have the check, I just need to fill out the form. I... this was called... 125 July 10, 1997 2 Mayor Carollo: OK, can you get him a form? And... Commissioner Plummer: Take the check, we will worry about the form later. Mayor Carollo: My colleague has a way with words, doesn't he? Mr. Manuel Gonzalez-Goenaga: Well, I am not a lobbyist, I am a watchdog. For the benefit of these Commissioners, how many times do you think I have been towed? Do you have an idea, policemen? Because, we must know the facts before we can speak, otherwise you guys will be like masters of defeat. How many times, if you know, because I am the real expert in towing, you see? And, I have paid one hundred and fifty dollars ($150) Why? Because when these angels put me in jail on a Friday, I don't get out until Saturday and then arrears. Thank God, Wilfredo Perez- Borras Coso is no longer a policeman. And, Frank Montoto is no longer a policeman. But, we need also, the one who was promoted from sergeant to lieutenant, Mr. Ramon Fernandez, after arresting me three times. So, let's realize that what we need to tow is the whole Police Department, period. Commissioner Plummer: If he gets you twice more, he will be a captain. Mr. Manny Velazquez: Good afternoon, Commissioners. I am Manny Velazquez from Midtown Towing, 551 Northwest 72nd Street. I don't agree with you coming back and recapping all this contract. You can't predict task requests in jail. You can't predict how many accidents and how many arrests the Police Department is going to make in each zone. OK, Officer Moe, I congratulate Officer Moe, he did the best that he could to divide all the zones the way he did. If... I don't want to point no fingers at no companies but if they are in fault and they are not abiding by the contract then they should be penalized because if I was doing it, if Freeway was doing it or anybody else was doing it, everybody would be jumping down our throat. Commissioner Plummer: You heard me, I am voting for the motion. The man was in default. Mr. Velazquez: OK. Commissioner Plummer: Three hundred and something complaints. Mr. Velazquez: All right. Commissioner Plummer: As far as I am concerned, he needs to be punished, he did something wrong. Mr. Velazquez: All right. Commissioner Plummer: All I am saying to you is, is the other subjects and that is, the subject relating to equity of zones. Mr. Velazquez: You can't predict that, sir. Commissioner Plummer: Sir, you can go on a history. Mr. Velazquez: OK. You can't... Commissioner Plummer: And, I am talking about... I am going to ask for it, that's all we are going to do. 126 July 10, 1997 �'i'.'•Tsp N ,it �;'ilTn?t �itr Z. Mr. Velazquez: Uh-huh. Commissioner Plummer: Ask and review. Mr. Velazquez: OK. Commissioner Plummer: The other question I am asking is very simple. If Molina can tow for Off -Street at sixty-five dollars ($65), why are we having the people of this City pay him eighty dollars ($80)? Mr. Velazquez: With all due respect, sir, that's a totally different contract. Like you told me the last time, it was a County contract. Commissioner Plummer: Well, I understand that. If we made a bad deal for the citizens of this City... Mr. Velazquez: That's a totally... Commissioner Plummer: ... that's why I think we should revisit it. Mr. Velazquez: OK. i Commissioner Plummer: on behalf of the citizens. Mr. Velazquez: OK. All right, well... Commissioner Plummer: That's what I am saying. Mr. Velazquez: OK. He tows at whatever he tows but all his cars get picked up and released the same day. Half of the cars that we tow for the City are junk cars or abandoned cars on the side of the road that we have to hold for 35 days, that's taking up storage space in our lot and then we CD (cash on delivery) and we only get seventy-five, one hundred dollars ($100) for the vehicle. Commissioner Plummer: But, then you do get storage fees. Mr. Velazquez: No, we don't. We only junk it out. You cannot collect that storage when you CD a vehicle. Commissioner Plummer: OK, you know, it's... All I am asking, I am not saying we are going to make any decisions to change, I am asking that we review. That's all I am asking. And, I can't imagine that anybody, anybody who is an upstanding business person would have an objection to reviewing. That's all I am saying. Mr. Velazquez: OK. Ms. Lauraine Lichtman: My name is Lauraine Lichtman from Midtown Towing, 551 Northwest 72nd Street. Commissioner Plummer, for ten years I worked hard to try to get a contract with the City and I really don't know what it is that you don't like about Midtown Towing. Every... Commissioner Plummer: What did I say about Midtown? Mr. Lichtman: I.., no. I have had it. I am through, I had it. I want to know why? I am going to speak my mind. I want to know why when my husband was as sick as he was and sat in this chair to make sure that he was at these meetings to get a contract, no excuse was made. But, 127 July 10, 1997 when Nolan's, they cannot be here today because somebody is sick in their family. Well, we have a business, we run a business and I have help and I am just tired and fed up of what's going on. I am... Thank God, that we have some good Commissioners, a good Mayor. Tomas Regalado, Willy... I am glad that we have people that care for us. I don't know why you don't like me, I questioned you outside. Where are the other towing companies? You are talking about how many calls on each zone, well let me give you a little history. When the County zones came around I was nice enough to move up north to let Downtown who I think you know, have my downtown area and Molina. They towed 300 cars a month, I tow 60. I do not complain because that is the zone the County gave me. I work for the City of Miami, I work for the County and I think it's an honor and I think it's a privilege and I don't think I have anything to say about it. I need to follow the orders and directions of the Commission and the Police Department who is in charge. [APPLAUSE]. Thank you. Mr. Manuel Martinez: OK, my name is.., Commissioner Plummer: You can rest on a daily basis, I will be checking. Mr. Martinez: My name is Manuel Martinez. I live... Commissioner Plummer: Excuse me, sir. Mr. Martinez: Oh, that's all right. Commissioner Plummer: Mr. Moe, on a daily basis, I want all complaints. Every day on a daily basis of all companies, I want complaints. Mr. Martinez: I was passing by around the Commission here and I show my son, you know, how you guys work, you know. So, he will know... He knows you by the TV, but now he know you are for real. And, I live on 1063 Southwest 31st Avenue. I live right behind Home Depot. That is a residential area and we have more than 25 trucks parking between 8th Street and loth Street. I live right behind Home Depot. They are allowed to bring the trucks after seven o'clock up to six o'clock in the afternoon. They are allowed to work on the patio right behind until seven o'clock. Why don't you give to all these guys all those trucks that they park? Because, everybody from the neighborhood, from the Northwest, from the Southwest, they park in between 8th Street and loth Street. I mean, you cannot make a left turn on 31st Avenue, you cannot make a Ieft turn on 8th Street going to Home Depot. You cannot make a left turn going to your house on 31st Avenue. I went to your office, they don't know which one is your neighborhood. I went to the office of Mr. Humberto Hernandez, they don't know which one is the... Hey, Mr. Humberto... Vice Mayor Regalado: No, but I... Mr. Martinez: ... I am talking to you. Vice Mayor Regalado: I know what you are saying. I have been by your house and I know that the neighbors are being harassed by so many trucks. And, you are right, I have called West Little Havana NET office and I have gone by your area and... Mr. Martinez: And, let me tell you all the garbage is piled between 8th Street and 10th Street, they are piled right there. They don't pick up. There is a lady that work for the NET on 22nd Avenue, a little bit fat, that she big and she harass, you know, to everybody in the neighborhood before, all the problem that the City had. I mean... Vice Mayor Regalado: I can promise you that... I know your area and I know what you are saying. I saw it, I have seen the trucks there. I have seen the trucks in the morning. 128 July 10, 1997 M1+ Mr. Martinez: They don't have enough space, Tomas... Vice Mayor Regalado: I know. Mr. Martinez: ... to get in and get out. Vice Mayor Regalado: I know. Mr. Martinez: They don't have because what they have is only a small space to get in. When a truck is getting out, the truck that is supposed to get in, he cannot get in, he has to wait for the other one to get out. So, what they need to do is to, you know, a square, the space right on the back and then make a, I mean, something nice for the trucks to get in. All the grass and all the plants and all the [SPANISH]... Vice Mayor Regalado: Fertilizers. ! Mr. Martinez: ... fertilizers, they drop it at 6 o'clock and they start to move it after six. So, you... from the whole night you say "peep -peep, peep -peep." That's the tow motor going in and out, in and out, in and out, you know. You see, but they have the power, you know Home Depot is powerful so they will have... you know. Vice Mayor Regalado: No, they are not powerful. ! Mr. Martinez: But, these guys they want to make money. They will have to remove all the trucks that are between 8th Street and 10th Street and they will make a lot of money. All the trucks in Miami, they are parking in there. Vice Mayor Regalado: Well, unfortunately, we have complained to the West Little Havana NET and they haven't done anything at all. But, we hope that with this public hearing... Police Asst. Chief Martinez: We will check on that. Vice Mayor Regalado: ... we will get the police to do something. Police Asst. Chief Martinez: We will definitely check on that. Vice Mayor Regalado: Because, I have seen the trucks and because I have a person that live... a friend of mine that lives right... and he called me and I went there. I have seen the trucks in the morning... Mr. Martinez: I have pictures, all the trucks parking in front of my house. I have three duplex, 1041, 1051 and 1061. I have got four kids and I live right there. I don't live in Coral Gables, I live right there, you know. I have to becareful because my kids, they cannot walk. They trucks are going back and forward, back and forward, you know. And, let me tell you, I am paying seven thousand dollars ($7,000) for three duplex and they are like a box of matches. They are not the big duplex, you know. Mayor Carollo: Mr. Weeks, I would like for the administration to go there with someone from the Police Department, have a look at the area and have a report back to us by no later of the end of next week. Mr. Martinez: I wrote a letter, Mr. Mayor, to the people of Home Depot. First, trying to... when they was going to open, I told them, I wrote like a little map, told them, listen before we had 129 July 10, 1997 }A W, a Sams, there is not enough space to get in and get out on the ingress and egress You know, I try to.., but they don't... I mean, and I live on the fifth floor but the people that I am next to, they cannot sleep there, you know. Mayor Carollo: Well, I am sorry... Mr. Martinez: That's all right, but... Mayor Carollo: ... you are going through that, sir. You have every right to feel the way that you did. Mr. Martinez: And, as I told you before, I wasn't planning to come over there. I just... my kid, you know, I had another agenda, go see the division over here. Mayor Carollo: Well, I am glad you took the time and came by. Once you have the report ready, what we need to do I believe is to set up a meeting with the Home Depot people. In fact, if you could speak to them before and get some input from them, maybe you can give them some guidance. Then, maybe we can have a meeting between Home Depot and some of the neighbors and come to an amicable solution that everybody could live with. Mr. Martinez: All right. Thank you, very much. Mayor Carollo: Thank you. Mr. Martinez: I am sorry to take the time for... Mayor Carollo: If you could leave your name and address upstairs in my office, sir, I would appreciate it. And, your telephone number. And, we will get in touch with you. Mr. Martinez: Of course, I will. Thank you, for your attention, all right. Mayor Carollo: Thank you. Mr. Martinez: First of all, you know, at least my kid knows, you, I mean, who you are. Mayor Carollo: Thank you for coming. Take care. Vice Mayor Regalado: Thank you. Ms. Lichtman: Excuse me, I just have a question. They hand Manny, that spoke on the issue with the towing, that he has to pay a six hundred dollars ($600) lobbying. I have no problem, if the City needs the money I'll pay it. But, is that a rule because he spoke on the issue he has to pay six hundred dollars? Mayor Carollo: But, you all are working for a towing firm, correct? Ms. Lichtman: Right. Mayor Carollo: Well, if they are working for the firm themselves, I mean, they are an employee of the firm, they tow... Commissioner Plummer: No. Mr. A. Quinn Jones, III, Esq. (City Attorney): It's still... Yes, that's included within the definition of lobbyist. 130 July 10, 1997 -t l Commissioner Hernandez: We have to revisit... Mr. Jones: Yes. Commissioner Hernandez:... that because that was the same thing that happened earlier with the nonprofit. Commissioner Plummer: This morning. Yeah. Mayor Carollo: You see, if someone if representing the firm they worked for, it was never the intention of the Commission to charge them a lobbying fee. It was the intention to charge a lobbying fee when you hire someone from the outside to represent you. Commissioner Plummer: That's the name of the game. Mayor Carollo: Like an attorney or a lobbyist per se. Commissioner Plummer: He works for the company. He works for the company, he should not have to pay that fee. Mayor Carollo: Yeah. Commissioner Plummer: Absolutely not. Commissioner Hernandez: Neither did the gentleman from the nonprofit that was here.. Commissioner Plummer: Now, Carlos, Mr. Lacasa is a paid person to represent a company, he is a lobbyist. This man is not a lobbyist. He works for the company. Ms. Lichtman: So, I don't have to pay? I have no problems, if you want my money, I'll write it, a check. Commissioner Hernandez: You do under our present ordinance but we are going to have to revisit that, that's the bottom line. Mayor Carollo: Well, we are revisiting right now. That was never the intent of the ordinance, so... Commissioner Plummer: Yeah, but you can't... You have got to change the ordinance. Vice Mayor Regalado: Mr. Mayor. Mr. A. Quinn Jones, Esq. III (City Attorney): Well, Mr. Mayor, I hear what... Mayor Carollo: We will change the ordinance. I mean, we are clarifying what our intent was. Mr. Jones: I hear what you are saying, Mr. Mayor. Commissioner Plummer: Oh, yeah. Mr. Jones: And, that's what I mentioned this morning. But, keep in mind that this has been on the books since January of '96. And, if I bring... 131 July 10, 1997 Mayor Carollo: Well, let's... Mr. Jones:... something back to you... Commissioner Plummer: I'll make a motion at this time... i Mayor Carollo: You better bring it back in the next meeting so that we can clarify what our intent is. Commissioner Plummer: I'll make a motion that on the next agenda that we qualify the better definition of a lobbyist. Mr. Jones: So, what you...? So, we can be perfectly clear, you want it limited solely to people who are hired from the outside to represent... Vice Mayor Regalado: That's right. Mr. Jones: OK. i Mayor Carollo: Exactly. The intent of the ordinance is not to prevent individuals from coming to speak here and express their mind. Commissioner Plummer: Only if they are outside of the company or paid a fee to come and represent the company. That's... I don't know where the other part of a lobbyist came from. He gets paid every day by his company. Mayor Carollo: All right, can we bring this to a head? Commissioner Plummer: Yeah, you got a motion on the floor. Mayor Carollo: The motion, Commissioner, that you had that was second by Commissioner Gort was, if I understood and I am writing it, to remove Nolan from zone three and put Diaz i which is the present backup... Commissioner Hernandez: Correct. Mayor Carollo: ... in zone three instead. Commissioner Hernandez: Correct. Mayor Carollo: To put Molina... Commissioner Hernandez: As a backup. Mayor Carollo: ... again as a backup and then put Nolan as the second backup. Commissioner Hernandez: Correct. Correct. Mayor Carollo: Yeah, that's all. Nothing more. OK. Vice Mayor Regalado: Second. Mayor Carollo: Well, it's been second by Commissioner Gort, so your are three. 132 July 10, 1997 Vice Mayor Regalado: No, I... OK. Mr. Lacasa: I'm OK to... I think... Mayor Carollo: You really, well... I Mr. Lacasa: No, I was going to hire me to drive a truck so that I would qualify for an exemption but... Once again, for the record... Mayor Carollo: Make sure that you include in that ordinance that if anybody purposely tries to get around it, like what he said that, you know, they are still going to pay. Go ahead, Eddy. Mr. Lacasa: Freedom of speech is expensive. Eddy Lacasa on behalf of Molina Towing. Once again, office is 701 Brickell Avenue. Many of the issues that I wanted to touch upon were already raised by Clark Cook and just so the Commission understands. The Off -Street Parking and the contract we are discussing are two separate animals, apples and oranges. And, it shouldn't be weighed into this equation. The four months that Molina was operating as the backup under the previous contract before they were taken off backup they got zero amount of calls to pick up cars. There were, I don't know how many calls the other backup got, that was Diaz, but they got 100 percent of them. So, with that understanding, we enter into a new, if the Commission approves the motion, backup role. Now, I hope that in the future they will be distributed more equitably. I don't think that 100 percent to one and zero percent to the other is an equitable situation. Another issue is the special events. When the contract was entered into creating the backups the Commission created a... gave the special events to the backup towing companies. And, the reason for that is, that the company that has the district cannot service its district and at the same time meet the demands of the special event, which is a high volume incident. So, in that respect, I think that it will be in the best interest of the City to once again, give the special events calls to the backups. And, finally, the motion is to give the backup contact to both. Nolan and Molina. And, I echo the sentiments of Commissioner Regalado, not just because I am representing Molina, but because it's correct what he said. If you are truly going to punish somebody for violating the requirements of the contract, punish someone for having 320 complaints and being found guilty by an independent review board. For 320 violations, you have to punish them, not just a slap on wrist, something significant. To give them a backup contract at this point is looking the other way. I suggest that, and I urge that the Commission have one backup contract, restore Molina who has been in the business for 27 years locally, has been under contract with the City since 1978 and has not had a single complaint. And, I think your records reflect they have not had a single complaint or a single default with the City. Their record is impeccable. And, let me address one last thing because I hope it doesn't reflect negatively on Molina. The incident in which Commissioner Regalado described where a City or where an official, an elected official witnessed a situation in which an officer held a car. If Molina is called, he has no discretion. He is called by an officer to tow, he goes and tows. And, he is not there to determine whether or not the officer was correct or not in calling for him to tow. And, he wasn't there to witness whether or not the officer held up the car or blocked the car. So, I hope that that doesn't reflect negatively on Molina. And, I thank you once again. Vice Mayor Regalado: No, it reflects, if it is true, negative on the police. Mr. Lacasa: Yeah. Vice Mayor Regalado: Not on the towing. Mr. Lacasa: Thank you. Mayor Carollo: Any further statements, any changes or amendments to the motion? 133 July 10, 1997 wwt Commissioner Hernandez: Mr. Mayor, the only thing of concern, that's why I mentioned Diaz to begin with, is that in fact, if there is to be backup, the main business to the backup companies comes from special events. Is not...? That's not the case? Police Asst. Chief Martinez: That's not correct, Commissioner. The last time this issue was brought up, special events go to the zone company... Commissioner Plummer: To the zone they are in. Police Asst. Chief Martinez: ... and the backup only comes in... Commissioner Hernandez: No, I know that. I know that. But, before that... we made that change recently. Police Asst. Chief Martinez: Correct. I Commissioner Hernandez: I am saying, before we made that change, the majority of business that goes to backup is through special events, correct? Police Asst. Chief Martinez: That is correct, sir. That's correct. Commissioner Hernandez: So, if we are going to have backup companies we might as well give them some business and that way it means something. What I would like to make then, is that change. I think that would be... Or, if not, what are we going to do? I mean why are we going to have backups if they are not going to have any business? Mayor Carollo: No, no, no. But... Vice Mayor Regalado: I only... Commissioner, I only will vote for the original motion. Mayor Carollo: Yeah, let... Vice Mayor Regalado: I would not vote to change the special events... Mayor Carollo: We... Vice Mayor Regalado: ... or anything, I. I... Commissioner Hernandez: Right. i Vice Mayor Regalado: ... don't know about the rest of the Commission. Mayor Carollo: I don't think that it will be appropriate now for this Commission now to start changing the rules that we established. No matter how small they might seem. What we are doing is something different right now. In fact, I think we are really enforcing the guidelines that we set. Commissioner Hernandez: Call the question. Mayor Carollo: But, to change that to that extent, I think is changing the rules that we established. So again, the motion is to move from backup Diaz into zone three. To take Nolan out, put Molina as the first backup, Nolan and the second backup. 134 July 10, 1997 A d.A It `r Commissioner Hernandez: Correct. Mayor Carollo: OK. Any further discussion? Hearing none, all in favor signify by saying aye. 11 The Commission (Collectively): Aye. G Mayor Carollo: Any "nays"? No "nays." Approved unanimously. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-483 A RESOLUTION (Penidng the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez j Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 135 July 10, 1997 ----------------------------------------------------------------------------------------------------`----------- 52. (A) DISCUSSION CONCERNING OVERSIGHT BOARD CHAIRMAN REGARDING CONTRACT WITH FORTUNE REALTY COMPANY FOR SALE OF ST. HUGH OAKS HAVING UNITS. (B) AUTHORIZE CITY SUBORDINATION OF DOWNTOWN INVESTMENTS, INC. $1,700,000 LOAN WITH CONDITIONS IN FURTHERANCE OF AFFORDABLE HOUSING. ---------------------------------------------------------------------------------------------------------------- Commissioner Hernandez: Mr. Mayor, item 44, is my item. It's the last of the... Mayor Carollo: OK, it's 45. Commissioner Plummer: Forty-five. Commissioner Hernandez: Forty-five, I am sorry. Mayor Carollo: Yeah. Commissioner Hernandez: It's the last of the proposed subordination agreements. Let me put you up to speed at least to what has happened. The last two subordination agreements that we approved, this Commission approved. One of them has gone before the Oversight Board, not the board itself, I guess a single review that there could be an appeal to that decision before the entire board. But, it has been rejected, what we have approved here, five zero. Further, I know it's within their power, but further troublesome to me and I think you are going to find as troublesome, is that I have found out recently that the Oversight Board or this single member at this point in time has rejected the contract that we chose to continue or extend with Fortune Realty International referenced the Coconut Grove homes that we still have for sale, which puts a stop, as far as I am concerned, or a complete stall on the future sales of these properties. I would like to know, or at least pose this to the City Manager's office, so he can give us an answer why in fact, this company has been rejected as the Real Estate Company to do business... to represent the City? Commissioner Plummer: What I would like to know is... Mr. Aaron Weeks (Chief-of-Staft): Commissioners... Commissioner Plummer: ... why we won't notified that the Oversight rejected it? Commissioner Hernandez: Well, I haven't been notified, but the newspapers know all about it. Mr. Weeks: Commissioners, the contract with... the City has for St. Hugh Oaks with Fortune Realty has not been rejected by the Oversight Board. What they did in reviewing that contract, that contract was procured in a noncompetitive manner and under for Professional Services, under fifty thousand dollars ($50,000). The Oversight Board pointed out that we would be in conflict with our very own Charter, if in fact, the exclusive contract for services, five thousand dollars ($5,000), that the Fortune Realty were to be successful in selling all of those units that they would exceed that fifty thousand dollars ($50,000) limit. So, they recommended to the City that we continue on a month to month basis. With Fortune Realty we have executed an extension of that contract... 136 July 10, 1997 will'+ . ,A Commissioner Hernandez: That is, 1 believe, in my opinion, now stepping over their powers and what they agreed and what we agreed that we signed, and the powers that they should have, they are now playing... I don't understand. They could say now what is legal, what they deem to be legal or not legal? We have a City Attorney that allowed us to make that opinion and vote upon it. Mr. Weeks: Commissioner, in the meeting, one of the City Attorneys was there and there was not a disagreement voiced with that opinion. Commissioner Hernandez: So have they rejected or not rejected the contract with Fortune? Mr. Weeks: It has not been rejected. Commissioner Hernandez: So, what...? You are telling me it has, in a way. You are telling me that they deemed that we could not do because it was going to be over fifty thousand dollars ($50,000). Mr. Weeks: What has happened is the contract has been extended on a month to month basis, under the same contract terms until such time as the City can put out a request for qualifications for those services in a competitive environment. So that the City does not exceed the fifty thousand dollar ($50,000) limit as per the City Charter. Commissioner Hernandez: So, the City is still being represented at this point in time by a realtor, which is Fortune? Mr. Weeks: By Fortune Realty, that's correct. Commissioner Hernandez: Month to month... Mr. Weeks: By Fortune International. Commissioner Hernandez: ... until the request for qualifications comes hack? Mr. Weeks: That's correct. Commissioner Plummer: Well, but wait a minute. I am not a lawyer. There is no contract that exceeds fifty thousand dollars ($50,000). Mr. Weeks: The value of that contract would exceed fifty thousand dollars ($50,000), if the... Commissioner Plummer: The potential is there. But, she gets paid or they get paid on an individual sale. Mr. Weeks: Commissioner... Commissioner Plummer: And, let me tell you, unfortunately, the individual sales haven't been worth a damn. Mr. Weeks: Commissioner, there are a total of... Commissioner Plummer: Nine units left. Mr. Weeks: But, they have already sold units. There was a total, I believe for them to sell, of appproximately 16 units. The capacity for them to earn would exceed fifty thousand dollars (A0,000), if they were to sell those units. 137 July 10, 1997 Commissioner Plummer: We are never going to get rid of that project. Commissioner Gort: My understanding Commissioner, I am not an attorney, but I think you could put a request for qualification on work that's been done before. Commissioner Hernandez: I agree. I just wanted to bring that to light because it was information given to the by one of the newspaper reporters and I found it interesting because I still have not been advised that one of the projects, the subordination agreements that we approved has been rejected. So, I am waiting for official word in writing, but I have been told that it has been officially been rejected. Now, it's... we have to appeal to the board, to the entire board to either accept the subordination that we approved, or they will reject or standby the original rejection by this independent board member. I just wanted you to know that. Mayor Carollo: Well, what I would suggest, Commissioner, is maybe to, since you were leading the Commission on this particular issue, if you would maybe give the Chairman of the Board a call and have a discussion with him on it. Commissioner Hernandez: I will. Mayor Carollo: And, then come back and report to the Commission on it. Commissioner Hernandez: OK. Fine. Going back to item forty-five is more of the same except really this calls for a lot less because we are dealing with what we call a deferred loan. It is a large loan, but it's a deferred loan with a forgiveness clause wherein the term of this loan is for ten years, but in those ten years calls for no monthly payment whatsoever. If they live up to the payments and maintaining the property and doing what they have to, then at the end of ten years, they do not own, they do not owe the one point seven million that is outstanding. What we have here, is a request to subordinate the actual one point seven million dollars ($1,700,000) and with that new financing that this gentleman is obtaining, he will pay off the first mortgage which he has. With what bank, sir? Mr. Jorge Tabares: First Union. Commissioner Hernandez: First Union. The second mortgage which is with Miami Capital for three thirty and then the remaining amounts he intends not only to pay his expenses, but to input that money into a new project in the Overtown area. It is... we need to state on the record, number one, that the first mortgage is presently in foreclosure. But, he intends to reinstate that action by the end of next week and he will, you will hear from him. He is committed to reinstate his mortgage with First Union. He has made three of the six payments... two of the six payments to Miami Capital and he will pay a third payment to Miami Capital next week also. At which point, we would be, if we do subordinate, we would be in second place taking care of Miami Capital in total which is approximately three hundred and thirty thousand dollars ($330,000) and obviously we really don't care of him taking... he has to take care of it with First Union. He would pay the first mortgage, the second mortgage which is to Miami Capital and we would be in second place with a loan that he in fact would never have to pay. Mr. Raul Martinez: Good afternoon, my name is Raul Martinez, I am the Executive Director of Miami Capital. Just a little item that should also be included. There is a tax delinquency for 1995 in the amount of seventeen thousand dollars ($17,000) and change. And, 1996 for fifteen thousand three thirty-eight ($15,338) and change, which I imagine would be part of the plan. Commissioner Hernandez: Well, I would assume, Raul, in normal banking procedure, once he refinances, he is going to have to pay that in order to close. 138 July 10, 1997 �r x: 4� Mr. Martinez: No, but that's just for the record to... Commissioner Hernandez: I am glad you mentioned that because I wasn't aware of that. So, at the refinancing stage, you are going to have to take care of the taxes, obviously. That is what is on the record, that is what is before you. Mr. Tabares: By the way, just one more note. Excuse me. The first and second mortgage are balloon mortgages. i Commissioner Hernandez: State your name and address for the record. i Mr. Tabares: Jorge Tabares, president of Downtown Investment, 415, 423, 439 Northwest 9th Street. There are 92 units, rehabilitation projects which we put our money in excess of four hundred and fifty thousand dollars ($450,000). Not including the two hundred and twenty-eight thousand dollars ($228,000) as down payment to purchase the buildings. So, we already have put into the building close to seven hundred thousand dollars ($700,000). Commissioner Hernandez: What is important to state, and Mr. Nachlinger and I have spoken about it and Mr. Weeks also, is that this is a forgiveness, a deferred forgiveness, a deferred loan with a forgiveness clause that in fact he will never have to pay back if he lives up to... Mr. Martinez: But, that's the thing... Are we...? Is the motion to go ahead and allow the subordination prior to putting up to date, you know, the expense? Commissioner Hernandez: No, no. The motion is to... First of all, he has to... Mr. Martinez: Reinstate the first mortgage. Commissioner Hernandez: ... reinstate the first mortgage next week. He has to pay the third payment to Miami Capital and then we would give him a subordination agreement in which, through the financing procedures he would pay off '95 and '96 taxes which are in arrears. Mr. Tabares: And, a note of interest. I have two, three letters with me. There is no lender in the world that will give us a commitment unless the City of Miami subordinates the third mortgage. Commissioner Hernandez: You are looking at a third mortgage of one point seven million. And, no one is going to allow that mortgage to be in front of anything. So, that's the situation. This one of the three that we dealt with and that we studied really is the least of the controversial ones for the simple reason that we are dealing with this type of loan. And, that's why I have recommended it to the Commission. I spoke to Mr. Nachlinger, I don't know what he is going to make. You have heard of Miami Capital, they are going to get their money back and, I guess if we cleared this hurdle then the next hurdle is the Oversight Board again. Mr. Robert J. Nachlinger (Asst. City Manager): Yes, Commissioner. Since this is a one point six million dollar ($1,600,000) deferred loan, with one hundred and sixty thousand being forgiven annually for the ten year period, we would be willing to agree to the subordination if the first mortgage is reinstated, the foreclosure held in a variance and since Miami Capital has joined into that foreclosure action, if within the next week this second mortgage is also brought back up to speed. I would like to, and I realize I am bringing this up without discussing it with you first. But the fact that it is a deferred loan, we still want to make sure that the purposes that the loan was given to Downtown Investments for are being carried out. If we could change the stipulations in that mortgage that makes a default under any mortgage superior to ours, a default under our mortgage. 139 July 10, 1997 Mr. Martinez: A cross default clause. Commissioner Hernandez: Can you explain that to me, again? I am sorry. Mr. Nachlinger: A cross default. Commissioner Hernandez: A cross default? Mr. Nachlinger: Yes. Commissioner Hernandez: Do you have any problem with that? I would add that to my motion, Commissioner Gort. Commissioner Gort: What I would like to do Bob, for the understanding of people that are here and people that are watching. When we are talking about a deferred loan, can you explain for ten years what the people have to do in order for that loan to be forgiven. I think it is important for people to understand that. Mr. Nachlinger: Yes, sir. The idea of using these home funds, which is the source of this one point six million dollars ($1,600,000), is to provide affordable housing for the residents of the neighborhood. The one point six million loan that's forgiven annually would be able to bring the project costs down to the developer such that as part of this loan, they have to sign an agreement to maintain the rentals within - what is it? - 80 percent of the median income. HUD (Department of Housing and Urban Development) publishes a schedule of those maximum rentals and they have to agree for that ten year period to hold those rentals at that amount for 51 or more percent of the units in the project. Commissioner Gort: It is like subsidized rent? Mr. Nachlinger: Yes, sir, it is. Commissioner Plummer: Subsidized second mortgage. Commissioner Hernandez: Well, it's to motivate affordable housing. Commissioner Gort: OK. Commissioner Hernandez: But you've... Mr. Martinez: I would also like to clarify for the record that's it's not a usual activity of Miami Capital to do any kind of housing loan. We did this in August of 1995, at the request of the Department of Community Development precisely to protect the interest of the City since we had readily available cash at the time. And, we stepped in because it was being foreclosed. Mr. Tabares was being foreclosed on either the first or the second mortgage or both, at the time. But, just for whoever is watching this, Miami Capital is not involved in housing loans. Commissioner Hernandez: My motion goes with the conditions stated, stipulated with the City Manager. Mayor Carollo: Could you repeat your... Commissioner Hernandez: Yeah. 140 July 10, 1997 Mayor Carollo:... motion again for the record... Commissioner Hernandez: OK. Mayor Carollo: ... and see if there is a second to it? Commissioner Hernandez: Downtown Investment... My motion is to allow Downtown Investment, Inc., to refinance their loan, their existing mortgage with the conditions, number one, the City will subordinate their one point seven million dollar ($1,700,000) loan if conditions preceding to the subordination. Number one, he reinstates his loan mortgage with First Union. Second, brings up to speed by next week his loan with Miami Capital, Inc. and third, there is a cross default language on this agreement, on the subordination agreement. Mayor Carollo: There is a motion, is there a second? Commissioner Gort: Second. Mayor Carollo: There is a second. Discussion. Has the administration had the opportunity to go over some of the figures that Commissioner Hernandez brought up, so you could give us a recommendation on this? Mr. Nachlinger: Yes, sir, we are fully aware of this loan and it's been in default now for several months. The foreclosure action has been filed several months ago. We are very much aware of this project. Mayor Carollo: OK, do you have a recommendation on it? Mr. Nachlinger: Yes, sir. We recommend its approval. Mayor Carollo: OK, you recommend its approval. Very good. OK, any further discussion? Hearing none, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: There are no "nays." And, for the record I am basing my vote based on the recommendation of the administration. OK. Thank you. 141 July 10, 1997 W .4i'•i Fr "N� t i k.. The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-484 A RESOLUTION (Pending the Law Department.) (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 J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ----------------------------------------------------------------------------------- 53. DISCUSS PARAMETERS OF PROPOSED DISSOLUTION PLAN FOR CITY -- FURTHER DISCUSS PENSION OF VESTED EMPLOYEES / PUBLIC EDUCATION CAMPAIGN / CREATION OF PAC (POLITICAL ACTION COMMITTEE) TO SAVE CITY. -- SEE LABEL 23. Mayor Carollo: We are on 46. Vice Mayor Regalado: Mr. Mayor, on this.... Mayor Carollo: Are we ready for that on the administration side? OK. 142 July 10, 1997 Vice Mayor Regalado: I just want to say that having attended the meeting; of the County yesterday and having read the preliminary report, the language that will be included on the ballot, it's vital to whatever happens in terms of the vote on September the 4th. What I kept hearing from the County Attorney and from the Assistant County Manager was, depending on the language on the ballot... For instance, the selling of properties from the City of Miami. The different assets that the City will have to dispose with. The different areas of services that will be implemented, everything has to do with the language and I... this is why I think that we should be precise on the language and decide whatever powers this Commission should have. Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, you... the Commission passed the ballot language back on.. is this May 5th? When was this meeting? Commissioner Plummer: For the ballot question. Mr. Jones: The ballot question. Vice Mayor Regalado: No, they were talking, they were talking what... What they were saying is that within the ballot language there has to be an explanation for the voters and this explanation that they were waiting for in order to see what will be the different scenarios for the County. And, my understanding was, that part of this explanation should go into the ballot or we have to send it to the voters. Mr. Jones: Well, let me be perfectly clear about this. I mean there has been a lot of controversy or should I say a difference of opinion as to what plan means, OK? If you read that particular Dade County Charter section on the one hand it... on the one hand, on the first part of the Charter section it refers to a plan. If you read it, it really means no more than the actual language of the question itself. If you read the second part of it, it's basically in conflict with the first part and it refers to a plan being made available at least 30 days before the election. Now, out of an abundance of caution, I advised you and this Commission while I did not necessarily agree with the County's interpretation but for the sake of argument and for the sake of having to go through a legal challenge, we decided that it would be in the best interest to prepare a plan or for the Manager any myself to sit down and prepare a plan so that the voters would be fully appraised of what a dissolution would entail. I don't it necessary to place anything in the language of the ballot question other than what's there now. I think what is important from this point forward is to educate the electorate and the public who will be voting on this question as to what the plan will entail. It is impossible at this point and of course it is beyond the time parameters for the Charter Amendment to somehow now amend it to include what the plan will entail. Furthermore, as I have mentioned to you before, you are constrained by the number of words you can have within the question which is 75. And, you couldn't possibly or credibly craft a ballot question that would adequately explain to the general public what the plan would include. So, that's why we have opted... We opted with the Commission's full knowledge that we would come back to you, as you indicated you wanted a plan in July that would explain or lay out, and that's what the Manager has attempted to do today is, to give you a draft of what this plan will entail and of course, I will let him speak for himself but certainly it is here for discussion purposes and is by no means a final plan. I think that the real problem with this, and of course this is new for all of us, they don't know what the impact would be, we don't know what the impact would be. I mean, right now we have to summize and really guess as to what will happen should that come to fruition. And, this is the best guesstimate plan of what would happen to the City's assets and how they would be handled if that were to come, you know, to life. Vice Mayor Regalado: Well, I'll tell you what I am asking, Mr. Manager and Mr. City Attorney. Yesterday, the County Attorney was asked specifically "can we sell the assets of the City of Miami" which they think it's about six hundred million dollars ($600,0000,000). That's what... one of the figures that they said. And... 143 July 10, 1997 Commissioner Gort: Can you sell the.., look at... Vice Mayor Regalado: Huh? Commissioner Gort: ... the Bicentennial profit? (phonetic) Vice Mayor Regalado: They did too. Well, anyway, they... the County Attorney said that that would depend on the language of the abolition plan. We might, we might say that they cannot do it. Mr. Edward Marquez (City Attorney): Correct, Mr. Vice Mayor. Vice Mayor Regalado: But, this is why I am saying this. Mr. Marquez: No, you are absolutely right. The plan for dissolving the City, what I just handed out is the first draft. What the intent here is is to dispose of the City's assets, take care of its liabilities, pay its vendors, pay its debts, take... preserve whatever we can for the citizens of the... what in this document is being called GAFKAM. The geographic area formerly known as Miami. If they adopt... If they pass to dissolve the City, then the City will be dissolved according to a plan which this Commission passes. This is the first draft. We hope to get everyone's input from the world over the next week or so and then incorporate as many of the inputs as we get into the next version the plan which will be presented back to the City Commission at the next meeting. And, then if you are comfortable with that you can adopt it at that point in time. If not, we have a special meeting to wrap things up. This plan, I would like you to take a couple of minutes to walk through this. It's... First of all, the dissolving of the City, I don't think there has been a City that's dissolved, a City of any size in the United States that has been dissolved. So, we are definitely breaking new ground as far as dissolving of our own assets and liabilities and how employees get treated. And, there is 101 ways that you can do this and there is literally hundreds of decisions that need to be made along the process. So, this plan entails, looks at and says, what are our broad classes of assets, liabilities, services that we provide and attempts to set a process of, for how we will do this during the transition year. The ballot calls for the dissolution of the City come September 30, 1998. The vote for the board dissolution of the City occurs on September 4, 1997. That leave a full year of transition and we have to talk about how to dissolve this City, what occurs during this transition period. If I can turn your eyes towards this plan I will walk you through the major areas, just give you a backup of what's in this first draft. Again, logistically to dissolve the City there are hundreds of decisions that's going to be made. Any plan that you devise then, you will be talking in terms of broad areas. Any plans that you devise is going to be talking in terms of broad areas. If I can turn you to page two of the plan, section two here is the general operating parameters that I have used to define how we are going to operate during the transition year. First of all, if the vote is elected to dissolve the City, it will be voting pursuant to this plan to dissolve, to do away with or suspend everything in the Charter other than sections one through four. Sections one through four talks in terms of the City Commission, the management and the administration and gives us... leaves in place the Board of Directors and the City Attorney and the City Manager to conduct the City's affairs. We will be out of civil... Again, this is under the assumption that the people have voted to dissolve the City. We will be out of all the procurement rules and controls during the transition year. I though that was necessary in order to speed up the transition if the City, if the electorate decides to go forward with such. The current City Commission will be in place. We are saying that there won't be any other elections for districts or anything else if they vote to dissolve the City. All actions of the City Commission will be approved... must be approved by the State Oversight Board. That contract that we have with the State Oversight Board doesn't disappear because the City... because the electorate has voted out to dissolve the City. The City Commission shall, as presented to this plan, appoint a receiver, someone to 144 July 10, 1997 access, someone professional that's used to liquidating companies and the like to help us dissolve our assets and liabilities in the best businesslike manner. It supervises the City Manager on how to craft recommendations that come back to the City Commissioners. During the process of the transition years, we are going to probably establish trust estates to survive passed September 30, 1998. To address things that cannot be done within that transition year and I will get more into that a little bit later on. All decisions dealing with the disposition of assets or liabilities shall be done under the prudent person doctrine. That means, you have got to use common sense, and to try to maximize the benefit for our former citizens at this point. The City Commission and the City administration shall work with its counterparts at Metro Dade County. Metro Dade is the default government. If the City decides to dissolve itself, Metro Dade, what's the geographic of the former City of Miami, GAFKAM, becomes part of unincorported Dade County. So, they are the default government by definition. All services by... of the City of Miami shall cease as of September 30, 1998, unless if we can divest ourselves of these services and functions prior to that date if it makes good business sense to do that. Now, the City Commission and the administration has a fiduciary responsibility to its citizens, to its creditors and to its employees. And, there is a balancing act here and the whole goal here is to try to make some maximum benefits to each one of these groups of people. First and foremost, I talk about a long term debt first, as an area of liabilities that we must take care of for the benefit of all the County because if we don't take care of our long term debt everyone who lives in Dade County will be paying a price for it. Everyone who lives in the State of Florida will be paying a price for it in the future. So, the first area, the first class of liability they will talk about is our bonded debt. We currently have an escrow agreement with First Union Bank that they basically serve as a traffic cop. Whereas, we collect monies for our debt service, we transfer cash over to the escrow agent and they pay the bond holders ultimately. I am recommending that this contract be expanded so that it will go past the life of the City, it will continue as long as there are outstanding bonds that the City has and it would also be expanded to include types of liability such as certain pension liabilities that First Union would serve as a paying agent for. It's someone to control our cash that other people will collect. The County will collect some cash on our behalf, on GAFKAM's behalf and send it over to the escrow agent. The escrow agent will then serve as a paying agent. I talk in terms of the general obligation debt and our special obligation debt and our revenue bonded debt. And, talk in terms of, you know, like the existing debt service millage with our general obligation debt will still be there after the City dissolves. And, it will be up to the County who collects the debt on our behalf and the County Tax Collector the tax revenues from those millages and transmit to the escrow agent who will pay the bond holders. As far as our special revenue and revenue bond debt -- we are no longer in operations so there are no longer operations generating monies to pay off these debt service. So, the people, the residents of GAFKAM, the geographic area formerly known as Miami will be assessed a special tax assessment in order to liquidate that existing debt. Commissioner Plummer: What about pension. Mr. Marquez: Pension I am getting to it. Pension is Item C on the same page. Let me go down the list here because it's... very often, I'll loose my track. Insurance claims payable. We have Workmens' Compensation, General Liability insurance and Group and Accident Health Claims payable on our systems now. That's as of 9/30/96, we owed seventy-seven million dollars ($77,000,000) on a discounted basis. That liability will have to be settled out into the future. And what we are saying here is that on a year by year basis there will be a special tax assessment on the people who live in GAFKAM to address to liquidate the debt. Because it is illegal for Dade County to take the former City of Miami's obligations and spread it to all of the residents of Dade County. Now, that's what I have heard from the County and that's what, you know, and the line theme on all of this. Our past... Vice Mayor Regalado: Well, the percentage... Excuse me. Yesterday, the County Attorney says that that is one of the scenarios but it will be politically incorrect for the County Commission to do that. 145 July 10, 1997 z. t Commissioner Plummer: That's what they would like us to believe. Vice Mayor Regalado: Well... Mr. Marquez: I have been told that it was illegal. But, you are absolutely correct. With the district type of setup that the County has, it's virtually impossible for someone who lives out of Coral Gables to say that it will absorb... The people who represent Carol City, or Coral Gables, those County Commissioners won't vote for us, for our taking on obligations that didn't benefit them in the past. So, it will never pass the City Commission, I mean the County Commission. Outstanding pension liabilities. We owe pension amounts pursuant to the courts... pursuant to the Gates. This was for our past bad practices of City management that the courts have said you must now make payments for past obligations. That survives the City and that dollar amount which is approximately one hundred and fifty million dollars ($150,000,000) as of September 30, 1996, will have to be assessed against GAFKAM again, the people living in GAFKAM going out into the future. Commissioner Gort: Let me ask you a question. This is something I have been bringing up constantly. This goes back to how long? The Gates case and this pension... Mr. Marquez: Gates, nineteen fifty... Commissioner Gort: My understanding is it goes over thirty something years. i i Mr. Marquez: Nineteen fifty something. Commissioner Gort: OK, good. I am glad somebody finally put that in the record. Thank you. Commissioner Plummer: It was a consent decree. Mr. Marquez: Now, there is an assumption being made that... OK, I have covered the long-term liabilities. The assumption is going to be made that over the course of the transition year we are going to be able to cover our current liabilities with our current assets, the cash investments, incoming revenues. However, as we phase out our operations, our compensated absences, the vacations and sick pay accruals that employees earn, by virtue of being employees of the City. As we phase out employees or as they get transferred over to the County, we owe them for past services. And, that compensated absence amount is approximately fifteen million dollars ($15,000,000) as of September 30th of 1996. So, that... To the extent that that is not covered by current assets during the transition year, if there is anything left on that it will be part of a special tax assessment of the people who live in GAFKAM. Vice Mayor Regalado: Well, just a note of clarification to the employees of the City of Miami. Yesterday, the Assistant County Manager and the County Attorney says they, they both said that the County has the right to fire everyone of the City of Miami employees and hire whoever they want, be that... But, that's a new beginning, there is no... They will not be recognized, the years that they work nor are they bound by any contracts with the different unions to the City of Miami. Mr. Marquez: That's consistent to what the County has done in the past. The only benefit that I am aware of that the County has done for former municipal employees is that in certain instances, it is allowed a pension system to be sent out... to be maintained by the County, but the County will only commit to paying the same amount of cash that it pays to the Florida... as it would pay to the Florida Retirement system. And, the employees, if they use the old pension system, would have to make up the difference. So, yeah, that's... But, you are absolutely 146 July 10, 1997 N correct, it's totally within the County's discretion upon the dissolution of the City. We cannot dictate that through a vote of the people in the City of Miami. Going forward, so if there is any excess of current liabilities over current assets as of the end of the transition year. As of September 30, 1998, that excess will become a special award time, a special tax assessment against the people in GAFKAM because it's current liability, it has to be paid quickly. So, that's provided in here. This has... The County has not seen this and I was talking to the County personnel today, and they are expecting copies of this and we will be getting their input on this document for the next meeting. Disposition of our long term assets. Now, I have broken this up into real estate holdings and other long term assets that the City has. Real estate holdings that are under lease with third parties, I am suggesting that these items be transferred over to Metro Dade County in trust for management and operation. Now, these are our real estate that has lease holdings. This is kind of like the Parrot Jungle would fall into this classification. We have transferred leases to Dade County for management. The lease revenues that these leaseholds are generating, I am saying here that they should be transferred to the escrow agent so that the escrow agent can either pay debt service or defees that, you know, to payoff or provide for long- term debt so that... which has the effect of reducing our special tax assessments on the people who live in GAFKAM. Our real estate holdings are not on the lease with third parties, other than Parks. I am saying here that with input from the receiver that we make... that we sell these pieces of property off in a businesslike manner and not on a fire sale basis. And, that all sale proceeds be used to liquidate our long term debt. The only exception on this I make, on this first draft, is the copy dealing with the FEC (Florida East Coast) Bicentennial track. In here I say that if it's not on the lease to the County as of September 4, 1997, that it will not be sold but it would rather be transferred in trust to an organization, someone to friends of Bayside, Inc., or to some other not for profit organization that the City Commission may designate or create so that the park can be in perpetuity. The property can be maintained as a park in perpetuity for the benefit of the citizens of the GAFKAM area. You know, for the geographic area, formerly known as the City of Miami. The reason why I suggested that we put something like that in this document is simply not to encourage people to assess... to not create an incentive for people to push the dissolution of the City of Miami. City parks, I say on a case by case basis. The City Commission should determine whether the parks should he sold or if it should be transferred over to the County to be maintained as parks. Other long term assets, our cars, our equipments, artwork, miscellaneous personal property of the City, should be sold in a businesslike manner to liquidate our long term debt. The transfer of municipal services to Dade County. All services will be transferred as of September 3, 1998, unless if it makes business sense to transfer it earlier. Transfer of our employees and their pension system participations is totally within the discretion -- I am on page six now. It's totally within the diseretion of Metro Dade County on how they want to handle this. Our expectations as to what the service levels will be. Well, clearly for Solid Waste, the citizens who live within GAFKAM at this point, will pay the County's uniform rate of three hundred and forty-nine dollars ($349) per household and will receive the County's uniform level of service which is less than the City's level of service. Police, Fire and NET (Neighborhood Enhancement Team) offices, these three areas, the City provides significantly higher services than unincorporated Dade County and Dade County will be faced with either cutting back the service level to a service level consistent with the unincorporated area of Dade County or creating... or paying the differential of cost through a special tax assessment. And, then all of the municipal functions I say is totally within the discretion of Dade County as to what they want to do with it, absorb it or enhance it or provide it at lower levels of service. Commissioner Plummer: Mr. Manager, I hear all of the things that you have said. The one thing that I have got to fight for is the City employees pension. They become vested at what? Ten and 14 years, is that what it is? Based on the years of service and age. You are saying, and I understand the right of the County to accept our employees or not to accept our employees. Is there anything that we can do today prior to this vote that would assure our employees who are 147 July 10, 1997 vested, I can't go those that are not, that there is something that we can do to make sure -- is somebody holding a private meeting our there? That there is something that we can do to say to our employees who are vested that in fact they, which they have expected from this City and they have paid and contributed to, would be able to, like an early retirement, or is there any way that we can protect our employees? I know we can't force this County to take them. I understand that. But, it would seem like to me there should be something that this Commission can do to say, if they are not taken by the County and they are not under any other governmental agency that they would be protected in the form of their pension. And I ask that question. Vice Mayor Regalado: Excuse me. That's what I... Mr. Marquez: Right. Vice Mayor Regalado: Excuse me, Edward. That's what I said at the beginning that I heard and Torn was there, that everything depends on the 'language that this City Commission will place on the ballot. It's understood that it was approved along with the ballot. Everything has to do with the language. Commissioner Plummer: Well, Tomas, it would seem like to me, and I am no financial genius, but that we could establish a fund to pay into a trust fund for which the City employees could derive their pension on their vested interest. Mr. Tom Gabriel: If I could? I have an answer for that. Tom Gabriel, Miami Firefighters. It's the Department of Insurance's opinion or pension that the pension obligation goes to the County. There is no way to get away from paying a vested employee. That is part of transferring of the assets. That goes there, they have to make arrangements to pay for it. There is not an option, they have to. Commissioner Plummer: Yeah, but it stops, if I am not... It would stop at the year of service that you have. And, you would have to take the penalties for the lack of being the total amount of other than an early retirement. Mr. Gabriel: That would be, you know, depending on how you want to set up the plan. There are things that you could do but, legally anybody who is vested or... Commissioner Plummer: Well, I would sure ask the Manager to look into the fact that employees... especially in pension. I can't do anything else because my hands are tied. That, as jfar as pension is concerned, that we find a way, if there is any way humanly possible, that those 1 employees of this City who have dedicated their lives by being vested, which means ten or fourteen years or more, that in fact that they be protected in their pension. And, I think there has got to be, where there is a will, there is a way. And, I am just asking you to look into it and when you come back with other than another draft that you include that into it. Mayor Carollo: Commissioner, that's one of our first priorities. Commissioner Plummer: Absolutely. Mayor Carollo: But, the best security that those employees will have will be by keeping the entity of the City of Miami as is, and that's exactly what we are going to do. Mr. Marquez: Mr. Mayor. Mayor Carollo: Yes. 148 July 10, 1997 Mr. Marquez: We will be happy to set up a meeting with the union representatives to discuss this at this point because we hear the Commission loud and clear. Commissioner Plummer: Mr. Mayor, I am more concerned today than I have expressed this same opinion for the past tour meetings. We have not done anything to form a committee, to form a pact, to do anything to go out and fight these people who are trying to do away with the City. Now, we have one more meeting and the next thing is, after that, is after the vote. Somewhere along the line, I think we have an obligation to this community. Number one, to put out a piece of material of educational purposes and number two, to form a, if you wish to call it and I hate the wording but a Blue Ribbon Committee, Purple Ribbon Committee, you know, to go out and to fight to retain this City. Mr. Manager, what are we doing besides nothing? Commissioner Gort: J.L. Mr. Marquez: Commissioner, the City Commission has authorized, if my memory serves me right, fifty thousand dollars ($50,000) for an education program. Commissioner Plummer: Absolutely. That's up to you and we expect you to do that. Mr. Marquez: What I will... Commissioner Plummer: What I am saying is, people are calling my office and I am sure other people here wanting to volunteer to be a part of a committee to in fact go out and fight like you do in a campaign to retain this City. Commissioner Gort: J.L., my understanding is, we as a Commission, all we can do is, instruct the administration to put material together with the information. We can't do that until we have all the information to be mailed out to the residents of the City of Miami. Mr. Marquez: Whatever... Commissioner Gort: We as residents, we as citizens can get together, it doesn't have to be in a Commission meeting, and it should not be in a Commission meeting. We... my attorney told me we can get together as citizens, get all this together. I already had a committee that I have put together three months ago with six individuals that I am willing to put them all together to work together as a unit. Commissioner Plummer: When is the next meeting called? We as citizens are sitting on our butt. Commissioner Gort: You might be, we are not. Commissioner Plummer: Well, tell me when there is a meeting because I have got a list of names to give to you of people who want to fight to keep this City alive. And, all I am saying to you is, that I think that we can go out and we can raise money in the private sector, not as a Commissioner, I understand that. OK. But, damn it we have got to do something, we are sitting back and doing nothing right now as individual citizens to say we want our City. Now, if you have got a committee, that's great. And, if you are chairman... Commissioner Gort: No, no. I don't want to chair anymore. Commissioner Plummer: Well, I... Commissioner Gort: I had enough of the chair. 149 July 10, 1997 }i Commissioner Plummer: I nominate you, OK. Commissioner Gort: No, no. You have got to be the treasurer of the committee. Commissioner Plummer: No, no, no. I'll be the treasurer... Commissioner Gort: I'll let you be the treasurer but I think this committee has got to be made out of all of us. Commissioner Plummer: Well... Commissioner Gort: And, people that we all... Commissioner Plummer: What is the name of your committee? Commissioner Gort: "Save the City of Miami Committee." Commissioner Plummer: Well, I would recommend that anybody watching this on television, in radio, in anywhere. Commissioner, I am sorry. Mr. Wifredo Gort a/k/a Willy, has saved our City and if you wish to be a member of "Save our City" that you contact Mr. Wifredo Gort, as I am going to do, with the people who have addressed to me. And, in fact, if you wish to contribute to "Save our City" that you do so. But, don't sit back on September the 5th and wonder why in the hell lighting struck us and we didn't get a warning from the weather bureau. We have got to do something. Mr. Manager, your pension ain't worth a damn, either. Mr. Marquez: Mr. Vice Mayor, Mr. Commissioner, what we will do for the next meeting, we will have a communication plan for the... how we will treat the fifty thousand dollars ($50,000) and tell you how we are going to... how we plan on getting the word out with that with those resources. Vice Mayor Regalado: You know one of the things that we need to do is to tell City employees, some of the City employees, overzealous City employees that they do need to follow the book. But, that they don't have to be rude, that they don't have to harass residents of Miami because, after all, those are the residents who are going to vote for or against the City of Miami. And, the reason I am saying this is because I will bring to your attention several instances, documented in which inspectors and members of the City of Miami have in the past days acted in a way that they should not act. Not, especially when this City Commission levied so many taxes and so many licenses, new licenses that the people have to get. So, this is part of the campaign. We spoke about this so many times and I know that you have taken some action but I urge you to please again, and I will give you a documented version of what I am saying, we don't need to do this in the public forum. But, I think that there are people who are very upset with the City of Miami and we need to address that issue too. Because, one thing is to follow the guidelines and make people set the laws of the City but another thing is to come to a place and harass a resident or a business person. Commissioner Plummer: Mr. City Attorney, I assume that the City unions, individually can go out and fight for their City, as individuals. Mr. A. Quinn Jones, III, Esq. (City Attorney): I'll let them answer that. Mr. Tony Rodriguez: Commissioner. Tony Rodriguez, Miami Fraternal of Police. The Fraternal Order of Police already has taken action. And, you mentioned that the City hasn't. Well, we have been looking at this for quite some time now. I have already passed it through my 150 July 10, 1997 executive board and my membership. We have a campaign and advertising strategy that we will be employing tactfully, when the time is right. And, we will be moving on this. I think this is something that we can work on together and maybe it will pave the road for more ways that we can work together and see that if we combine our efforts we might be successful. I have long been waiting to be contacted by someone also to start working on this. We moved on this a long time ago. I have got already several campaigning strategies for billboards, pamphlets, that I can distribute to our officers, the fine men and women of the Miami Police Department, not over zealous employees, to give to our citizenry. To let them know just how good the quality of service that they are receiving is. We are prepared to do that. We are ready to do that. We are willing to do that. And, I for one and the members that I represent are not going to stand by and wait for the City. We will take action. And, the Fraternal Order of Police, we will be there for our employees and for our citizens to let them know just the kind of quality of service that they are going to get and may perhaps not get, should the City be dissolved. Commissioner Plummer: Well, Tony, let me tell you, everyone of us sitting up here, we can't move as individual Commissioners. We have all used campaign strategies and we had to pay for them. And, I'll tell you something, I think some of those guys out there that we have used in the past ought to be coming up to the trough and saying "pro Bono, I want to help keep this City." OK. I want to tell you that. They know how to run campaigns and I think we need professional help. I think we need all the help we can get because let me tell you something, the other side is well armed. Commissioner Gort: What's your phone number, Tony? Mr. Rodrgiuez: Pardon me. Commissioner Gort: Phone number? Mr. Rodriguez: My phone number, 854-5019, sir. Commissioner Gort: Five zero? Mr. Rodriguez: Five zero one nine. (5019). 710 Southwest 12th Avenue. Thank you. Commissioner Plummer: The old funeral home. Vice Mayor Regalado: Thank you. Mr. Rodriguez: The old... the funeral home. I think about you all the time. Vice Mayor Regalado: Mr. Goenaga. Mr. Manuel Gonzalez-Goenaga: One question. What about the contingent liabilities of the City and pending and possible lawsuits? Because, I don't want to be left out with the lawsuit that I am going to file against the City of Miami. Commissioner Plummer: File early. Mr. Gonzalez-Goenaga: Pardon me? Commissioner Gort: File the lawsuit early. Mr. Gonzalez-Goenaga: No, because that would be a matter of bankruptcy. You see, sometimes even the fools are right. And, this will be like an absorption and a merger. And, the 151 July 10, 1997 F pending lawsuits if the City is dissolved are still pending unless you go into bankruptcy. I strongly suggest that you contact the experts in mergers and acquisitions because I am... I know a little bit about everything. Not too much about anything. Thank you, very much. Commissioner Plummer: OK, let me tell you, he makes an excellent point. If you look at the potential liability of what this City is obligated for in lawsuits, OK, it exceeds the last time I saw it, and some of them are very frivolous suits, without any question. But, you are looking in excess of ninety million dollars ($90,000,000). Huh? Vice Mayor Regalado: OK, do we have to vote on this or do we just recommend it... Mr. Marquez: No. What would I would ask each Commissioner and the general public, the unions, our employees, whoever will use this plan and wants to offer up bona fide suggestions for improvements, to please contact my office over the next week and we will incorporate as many of the recommendations as possible. Evaluate them against one another and incorporate them for the next draft. Vice Mayor Regalado: OK, we are in... Commissioner Plummer: So, be it. We only got one more meeting. No, we got two meetings. END OF DISCUSSION -- NO ACTION TAKEN ------------------------- -------------------------------------------------------------------------------------- 54. APPOINT COMMISSIONER PLUMMER AS DELEGATE TO FLORIDA LEAGUE OF CITIES. --------------------------------------------------------------- ------------------------------------------------ Vice Mayor Regalado: OK, we are in 46-A. The discussion concerning the appointment of the delegate to the Florida League of Cities convention or meeting on August the 21st in Disney World So, OK. There a motion to appoint Commissioner J. L. Plummer to be the delegate to the Florida League of Cities. Commissioner Hernandez: I second it. Vice Mayor Regalado: There is a motion, there is a second. All in favor say "aye." The Commission (Collectively): Aye. 152 July 10, 1997 The following resolution was introduced by Vice Mayor Regalado, who moved its adoption: RESOLUTION NO. 97-485 A RESOLUTION DESIGNATING COMMISSIONER J. L. PLUMMER, JR., AS THE VOTING DELEGATE FOR THE CITY OF MIAMI AT THE 71ST ANNUAL CONFERENCE OF THE FLORIDA LEAGUE OF CITIES, INC., TO BE HELD AUGUST 21-23, 1997, AT LAKE BUENA VISTA, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 55. (A) DEFER CONSIDERATION OF APPOINTMENTS TO BOARDS AND COMMITTEES. (B) DIRECT CITY CLERK TO READVERTISE FOR PLANNING ADVISORY BOARD. Vice Mayor Regalado: All right. Do we take a break or do we have the...? Commissioner Plummer: I will move to defer the appointments on the thing until the next Commission meeting unless there is an objection. Commissioner Hernandez: Before we defer and I don't have a problem, I'll second your motion. Madam Clerk, I would like to reopen advertisement for the Planning Advisory Board. END OF DISCUSSION -- NO ACTION TAKEN 153 July 10, 1997 -----------------------------------------------------------------------------------------------------------•---.. 56. AUTHORIZE FUNDING FOR SPONSORSHIP OF NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES (NOBLE) ANNUAL TRAINING AND EXHIBITION CONFERENCE -- ALLOCATE $10,000 FROM POLICE LETF FUND. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Correct. Commissioner Plummer: Wait a minute, I have a pocket. Do you want to do a pocket? It's not mine but I will do it. Vice Mayor Regalado: All right. Commissioner Plummer: It's a pocket from the administration. [At this point, Commissioner Plummer read the resolution into the public record.] Commissioner Plummer: I so move. Commissioner Hernandez: Second. Vice Mayor Regalado: OK. There is a motion by Commissioner Plummer, second by Commissioner Hernandez. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97••486 A RESOLUTION AUTHORIZING THE FUNDING FOR SPONSORSHIP OF THE NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES ("NOBLE"), 21ST ANNUAL TRAINING AND EXHIBITION CONFERENCE, TO BE HELD DURING JULY, 1997, IN MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $10,000.00, FROM THE LAW ENFORCEMENT TRUST FUND FOR SAID FUNDING, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 154 July 10, 1997 Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Humberto Hernandez Vice Mayor Tomas Regalado NAYS: None. ABSENT: Mayor Joe Carollo Commissioner Wifredo Gort ---------------------------------------------------------------------------------------------------------------- 57. EVALUATE TELECOMMUNICATIONS, INC. (TCI) CABLE RATES OF RESIDENTS IN HUD AND LOW INCOME HOUSING. ---------------------------------------------------------------------------------------------------------------- Vice Mayor Regalado: Commissioner Hernandez, do you have a pocket item? Commissioner Hernandez: I am going to wait until we have a full board. Vice Mayor Regalado; All right. Mr. Manager, I have a pocket item and it has to do with the TCI (Telecommunications, Inc.) cable. We all remember when we had a representative of the cable system here in front of this City Commission because we were concerned especially about the increase in rates, throughout Miami but especially in the housing units of HUD (Housing and Urban Development) within the City of Miami limits. We were told, we were promised, we were assured that if the elderly will pay the June bill on the July bill, they will get a discount. This has not happened. And, believe me there are a lot of elderly residents of the HUD buildings who are hurting because of this. They cannot afford to pay. I have a pocket item, very general, but I would... it has to do with the confusion on these rates and I suggest we direct the administration to evaluate the cable rates of those residents who reside in HUD housing in order to resolve this dilemma. But, furthermore, I would like to say that if TCI does not solve this problem who has hundreds and thousands or thousands of residents in these HUD buildings very confused and nervous. Many of them, by the way, have suspended the service. I would... Mr. Manager, try as soon as possible either to penalize TCI, if we can do that or to open the bids for a new contract. Mr. Edward Marquez (City Manager): Mr. Vice Mayor, we will have a report back to you at the next meeting regarding our options with TCI. Vice Mayor Regalado: All right, but if we can... Commissioner Plummer: Have we had any companies make an interest? Vice Mayor Regalado: I am sorry. Commissioner Plummer: Have we had any companies make an interest establishing a cable company in the City beside TCI? Vice Mayor Regalado: I don't know that. But, J.L., this is a very urgent matter, the situation with the HUD buildings. We have a problem there because they keep sending the bills with the 155 July 10, 1997 rates that, by the way, is not authorized by law. Because, as you know, HUD buildings have to be in a different category than us residents. We have to pay because of the laws in Washington but, these buildings, they are having a problem and they claim it's a mistake but they keep sending the bills and sending the bills. So, this is why... this is the purpose of this pocket item. So, this is my motion. Commissioner Hernandez: I second the motion. Vice Mayor Regalado: OK, there is a motion and a second. Mr. Manuel Gonzalez-Goenaga: Questions. Commissioner Plummer: Is there any discussion on the motion? Vice Mayor Regalado: All right. Yes. Commissioner Plummer: Mr. "Boom -Boom." Mr. Gonzalez-Goenaga: Well, I do not live in HUD apartments and TCI took away my cable TV. I had been complaining over and over and over again, even before I left to Puerto Rico on March 19th, they did not pay attention. I have provided you, Mr. Manager, Mr. Malone who is the president of the holding company and you know that TCI is in deep financial problems. I think that with the amount of money that you pay, I think that this management should shape up or leave. Did you hear me? Vice Mayor Regalado: Well... Commissioner Plummer: Excuse me, do you have a question? Mr. Gonzalez-Goenaga: The question is that I... my thing was disconnected. They keep sending me bills and now they are sending me bills from Boston, Massachusetts. And, you know where they are going to collect? Do you know where? Just like Julio Gonzalez Rebull. Commissioner Plummer: All right. Is there any further discussion? Vice Mayor Regalado: Well... Commissioner Plummer: Angel? Mr. Angel Gonzalez: Yes, may I please speak in regard to TCI? My name is Angel Gonzalez. My address is 3280 West Flagler Street. I am a professional community association manager licensed by the State of Florida. I presently manage Fran & Scotties' (phonetic) Condominium which is a low income family project financed in part by the City of Miami. When we first completed the first phase of this building which is 52 units, we requested service from TCI. They gave us all kinds of excuses and all kinds of problems to connect the cable to these buildings. I called the Public Service Commission. I called the City Administration. I called Washington, D.C., and we were not able to get TCI to provide service to this building. A month later or two months later and as a matter of tact, as long as back to a couple of months ago, I visited the project and I went around the back of the building to inspect the building and the back yard and I found a cable laying down from the building next door over the fence to connect cable to the building that I manage. I ask this Commission respectfully to, please, address TCI to this matter because we are ready to complete the next 25 units and these residents won't be able to have the cable. 156 July 10, 1997 i. a� Vice Mayor Regalado: And, I think you are right, that we should address not only the HUD but low income because as a matter of fact we have documented, I have documented that when TCI goes to install on a low income building they really do a shabby job. Mr. Gonzalez: That's right. [phonetic] Vice Mayor Regalado: They do not respect... they try to... with some of the people because of the raises, disconnected the services, they wanted to charge the next day when we resolved, or we thought we resolved the situation, they wanted to charge twenty-five dollars ($25) for reconnecting the service to about 20 people in one of the HUD buildings in the Northwest area. Finally, we spoke to them and they waived that charge. But, I think that we should include in our demand, all low income housing because the people have the right to have the basic system which is about eleven, twelve dollars ($12). Some... a lot of people can pay that but not, not twenty-four, twenty-five dollars ($25) a month for different services. So, I would urge the administration not only to discuss the HUD matter but the low income buildings. Mr. Gonzalez: Thank you, very much. Mr. Mariano Cruz: I am going to... Can I? Commissioner Plummer: You have a motion and a second. Commissioner Hernandez: Yeah. Mayor Carollo: OK, there is a motion, there is a second. Mr. Cruz: Yeah. Mayor Carollo: Any further discussion? Mr. Cruz: Yeah. The only thing I am going to say... Mariano Cruz, 1227 and 26th Street. The problem with TCI, especially in our neighborhood, I got to have cable there. I got to because... OK, we solve the problem of the airplanes, I mean, you got to have... To have a clear reception, you got to have cable there. So... and they keep on raising the prices of the program with that. And, many people don't know their rights, what they have got to do about complaining and things, especially older people there. And, I would like the Commission, if that is a monopoly, especially since the monies, expense, the capital at the beginning, the wiring and the connections. But, you got that first expense everything is one way, everything is money for the company, that's why everybody wants to get into the cable business. So, maybe get some competition there, if that's possible to have. END OF DISCUSSION -- NO ACTION TAKEN 157 July 10, 1997 ---------------------------------------------------------------------------------------------------------------- 58. DISCUSSION REGARDING FUNDING FOR COMMUNITY BASED ORGANIZATIONS FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR TECHNICAL ASSISTANCE TO FOR PROFIT BUSINESSES -- FOR IMPLEMENTATION OF COMMERCIAL FACADE PROGRAM -- FURTHER REQUESTING TO SCHEDULE FOR COMMISSION MEETING OF JULY 24, 1997 CONSIDERATION OF FUNDING COMMUNITY BASED ORGANIZATIONS IN MODEL CITY AND WYNWOOD. ---------------------------------------------------------------------------------------------------------------- Commissioner Hernandez: Mr. Mayor. Mayor Carollo: Go ahead. Commissioner Hernandez: While you were away we also... And, I don't know if it affects you or if you wanted to join on it. There was a motion to defer and we seconded the appointments of candidates to boards. We have several... Mayor Carollo: That's fine. Commissioner Hernandez: OK. So, we are only down to... I have one pocket item and there are two pocket items on behalf of the City Manager. Commissioner Gort: Commissioner Hernandez, I would like to request to readvertise the planning. Commissioner Hernandez: I requested that. I request that we go out and readvertise the Planning Advisory Board. Mayor Carollo: That's fine. Commissioner Hernandez: I have a pocket item, Mr. Mayor, referenced... goes back to our June 12th Commission meeting referenced or better said, regarding our Community Based Organizations funded through the CDBG (Community Development Block Grant) funds for the facade treatment program. And, as you remember, there was a list of seven CBO's but the areas of Model City and Wynwood were left out. At which point, Commissioner Plummer made a motion that ten percent of the funds given to each of the seven be taken away from them until we can find the funding for this new CBO for the areas of Model City and Wynwood. At which point, the good news that I have found from the Administration is that monies have been found and we can now return, correct me if I am incorrect, return the ten percent that we set aside back to the CBO's that had been listed by the administration for the facade program. There is one hundred thousand dollars ($100,000) available at the present time for this new CBO, which at which point they had recommended to us also, which was Metro -Miami. There are some members from Metro -Miami here today that would like to speak on the issue. Mayor Carollo: Commissioner, if I may suggest the following? I have no problem in discussing that. I am glad they finally found the money. But, we have to stick by our own rules that unless it is a true emergency, they can't wait until it's placed on the next agenda, I would like for any item to be held back as a pocket item. We really must stick to the rules that we established that the pocket items must be a true emergency. This is one that I don't think it would matter if we waited another week or so. 158 July 10, 1997 :Jt Fli Commissioner Hernandez: No you are absolutely right. Mayor Carollo: If they are here and they would like to express their opinions, then that would be fine, we will hear them. Commissioner Hernandez: Yeah. Mayor Carollo: And, then we will place it in the regular agenda of the next meeting. Commissioner Hernandez: I had forgotten that we had passed that resolution, it had to be a true emergency. But, if we can give an opportunity to an ex -Commissioner that is here on behalf of this CBO... Mayor Carollo: Certainly. Commissioner Hernandez: ... that would like to participate in the facade program. Reverend Richard Dunn. Reverend Richard Dunn: Mr. Mayor and Honorable Commissioners, I thank you for this opportunity to express some concern. As I am sure many of you know, there were some issues regarding Metro -Miami that caused things to kind of get stagnated. Those issues have since been resolved by a board Mr. Carlos Martell has resigned his position from Metro -Miami, so that no longer is an issue. Mr. Ralph Packingham has been working closely with Mr. Martinez in that they have worked out an amicable agreement which will not cause any problems as regards to some funding that was loaned to those individuals. And, so I think those were the main problems that we ran into from Mr. Waters' office. Those issues have since been resolved and we would like to be considered to go forward with the funding which was initially approved. Commissioner Hernandez: And, Reverend Dunn, what is important to mention that was not mentioned in that article that you speak of, is that these funds were going to a CBO, to a corporation, not to these individuals, which was not mentioned and did not make much sense to me since those monies were not to be paid back by these individuals and that's not the type of loan we were talking about or grant. Reverend Dunn: Absolutely. And, they are no longer... It's no longer an issue because those so called issues have since been resolved. Also, one last point I would like to make is that both the Model Cities and the Wynwood areas are lacking in facade in Code Enforcement. And, I think this would be a wonderful marriage between... If you look at the composition of our board, it is perhaps one of the first times that you have a coalition of Blacks as well as Hispanics to try to improve the whole of Miami. So, I think that's a very strong point as was brought out earlier. Thank you. Commissioner Hernandez: Mr. Mayor, can I request from the Manager's office then that this be placed on the agenda of June 24th? Mayor Carollo: And, if you can meet with the different people involved that are requesting to be placed in this item, so that it could be as clear as it could when it comes before the Commission? Mr. Robert J. Nachlinger (Assistant City Manager/Finance & Admin. Dept.): Mr. Mayor, I do think that we need to get the facade program moving in both the Model Cities and Wynwood area. My only concern is the process. And, I would like to get your recommendation to move forward to put a RFQ (Request for Quotation) for all CBO's within these two target areas. 159 July 10, 1997 Mayor Carollo: Well, that is totally up to the administration, I would say in following the best procedure that you will need to if you have any concerns on the way that the issue be proceeded upon. Commissioner Plummer: Well, can I make a recommendation? Do it on a performance base. If they provide the performance, they get paid. If they don't do the work then they don't, or they have to refund the money. This idea of giving fifty thousand dollars ($50,000) Garde blanch [phonetic] to all CBO's and whether they do or do not comply or meet the minimum requirements to me is a waste of money. So, I would like to see it be considered on a performance base. You do ten and that's what you are supposed to do, you get the full amount. You do more and some other doesn't, then you get some of their money. So that's, you know, I think that's what we ought to be doing, is on a performance base. You perform, you get paid. You don't perform, you don't get paid. Mr. Nachlinger: Thank you, Commissioner. We will be back to you at the next meeting. Mayor Carollo: All right, thank you. Thank you. Commissioner Hernandez: Thank you, very much. END OF DISCUSSION -- NO ACTION TAKEN ------------------------------------------------------------ -------------------------------------- ------------- 59. (A) RECONSIDER PRIOR TABLING OF ACCEPTANCE OF CITY PROPOSED BUDGET FOR FISCAL YEAR 1997 - 1998. (SEE LABEL 38). (B) ACCEPT PROPOSED BUDGET FOR FISCAL YEAR 1997-1998 -- SUBMIT SAME TO FINANCIAL EMERGENCY OVERSIGHT BOARD. Mayor Carollo: OK, what else do we have before this Board? Mr. Edward Marquez (City Manager): Mr. Mayor. Mayor Carollo: Yes. Mr. Marquez: I have got two pocket items and I would like... Commissioner Plummer: Yeah, we deferred all of the appointments. Mr. Marquez: ... to bring up the budget item again. Mayor Carollo: That will be three, sir. Mr. Marquez: I will push off my pocket items to the next meeting, and I would like to bring up the budget item then. Mayor Carollo: OK, then bring up the budget item and one pocket item. Mr. Marquez: Yes, sir. 160 July 10, 1997 .11 A'. ++'++ate _ •, Mayor Carollo: You get two per meeting. Mr. Marquez: Well, the budget is an agenda item. Before the break, the City Commission asked staff to go ahead and contact the chairman of the Oversight Board about whether or not we should... if we... what would be the State's Oversight Board's reaction if we did not submit a plan as of July 15th, pursuant to the Intergovernmental Cooperation Agreement. The Chairman of the Oversight Board is on vacation, so I called the Chief -of -Staff of the Oversight Board and talked to him. The Chief -of -Staff had pointed out to me that the Oversight Board in good faith previously had moved back the date of the submission of the proposed budget from July the 1st to July the 15th at the City's request because the City wanted to incorporate the tax information that was going to be forthcoming from the County as of July the 1st. Also, his viewpoint is that although he can, he needs to poll with his members and find out what their reaction would ultimately be, he believes that their reaction would fall into one or two items or a combination of two items. He believes that if the City does not approve a budget to submit to the Oversight Board on or before July 15th that the Oversight Board can do two things. It can make a recommendation to the Governor that the City Commission is not living up to the terms of the Intergovernmental Cooperation Agreement, i.e. it's not living up to its fiduciary responsibilities and that the Governor can exercise his constitutional powers; or the Oversight Board can start the process of writing a proposed budget on behalf of the City Commission or a combination of those two things or nothing at all. He has no idea of what they would do without polling them. Mayor Carollo: Mr. Manager, can we bring this item up again. Because, we can make changes within the budget plan so that... Is there a motion to approve the plan that the Manager presented to us? Commissioner Hernandez: Yeah, we do. Commissioner Plummer: Yep, I am going to move it. Mr. A. Quinn Jones, III, Esq. (City Attorney): You need a motion to reconsider. Commissioner Plummer: A motion to reconsider. I move it. Commissioner Hernandez: Second. Mayor Carollo: A motion to reconsider. It's been moved and seconded. All those in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It moved unanimously. 161 July 10, 1997 a The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-487 A MOTION TO RECONSIDER PRIOR TABLING OF AGENDA ITEM 33 (ACCEPTANCE OF THE CITY OF MIAMI PROPOSED BUDGET FOR FISCAL YEAR 1997-1998). Upon being seconded by Commissioner Hernandez, the motion was passed and adopted by the following vote: i AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Plummer: I move that the Manager's plan be adopted. Mayor Carollo: There is a motion by Commissioner Plummer... Commissioner Hernandez: Second. Mayor Carollo: ... second by Commissioner Hernandez. Open for discussion. I see Mr. Gonzalez, two minutes. Mr. Manuel Gonzalez-Goenaga: Yes. As a citizen, I want to make sure that I am... do not formed (sic) and I have never been in touch with the Oversight Board. I consider myself the undersight watchdog. I present to you, Commissioners, the following. For this type of budget, when three million and a half goes to the Law Department, when four million goes to Finance, when two million and two hundred thousand go to the office of Budget and Management Analysis and the office of the City Manager one and six hundred thousand dollars. And, with the amount of salaries that these administrations that you are still privileged ones, because I consider if we, and I have said this over and over and over and over again that we are the fourth poorest City in the nation and still the one that best pays its employees, including the honorable policemen. They are better paid than Metro and the Metro policemen are more professional and much better paid than even Judges of the Supreme Court of Florida. So, we must balance. If we want to really balance we are a poor City, let's lower the salaries, otherwise... In Puerto Rico, let me tell you, just to finish, the highest salary for a cabinet member is eighty thousand dollars ($80,000) and the life in Puerto Rico is much more expensive than here. And, Puerto Rico is 3,500 square miles. The City of Miami is 34 square miles. So, if you want to continue these privileged situations, and I am not speaking about the Commissioners because they are poor. I would not even work for five thousand dollars ($5,000) a year. But... I would rather volunteer work. But, you are highly, highly paid from the top down, not from the bottom up. Thank you. Commissioner Gort: I have a question, Mr. Mayor? Mr. Mariano Cruz: Just to make my comments before September 11 and 25, and that's what I see in my neighborhood. I see, you know... But first, state your name. Mariano Cruz, 1227 Northwest 26th Street. I see... I come, I see all the different other changes the GSA (General 162 July 10, 1997 i Services Administration) and the Solid Waste, two different departments now, two different bureaucracies. I don't know, I mean, that's what I perceive. But then, the service is wrong because I am not getting service. Because, i went at noon time to my home, the trash from Monday night is still there on 26th Street. I mean, that shouldn't be. And, then just this past week I received the eighty-three dollar ($83) bill for the Solid Waste fee. You see, I don't mind paying taxes, what I mind is that I am not getting the supposed service that we are supposed to get. And, that's impacting my quality of life where I live. The Police Department does not impact my quality of life. Those protracted and complexed investigations doesn't mean... Those passional murders doesn't impact me. But, the garbage on the street there impacts my quality of life and that's what I worry about. And, that should be picked up because if... What do I...? What service do I get for my money? Nothing. Because the trash is still there. Mayor Carollo: Commissioner. Commissioner Gort: My question is, the agreement that we signed with the Oversight Board, does it specify the date we are supposed to present the... Mayor Carollo: No. Commissioner Gort: ... budget to them? Mr. Marquez: On or before, July 15th. Commissioner Gort: On or before July, the 15th. Commissioner Plummer: The problem with that is, they don't have to deliver the administration to us, the budget, until the 15th of July. So, we got to present it to them the same day that we get the budget to work on and it's absolutely crazy. I am voting for this motion but I want to tell you something. Give the Oversight Board a little message, rest up. Because, if I got anything to do with it, they are going to have a hell of a lot of work to do because I intend to make a lot of amendments and changes on this budget. Budgets are projections and as long as we stick within the bottom line and we do not exceed the bottom line, we are in compliance. Mayor Carollo: I will make an amendment to the motion that we send Commissioner Plummer to personally deliver that message of his... Commissioner Plummer: I have... Mayor Carollo: But, only if he begins by leaving now. Commissioner Plummer: I have no problem with delivering that message in person by note or by delivery. Mayor Carollo: All in favor, signify by saying "aye." The Commission (Collectively): Aye. 163 0 July 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-488 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE PROPOSED BUDGET, WITH PROPOSED EXPENDITURES AND REVENUES AS HEREIN SPECIFIED, FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; INSTRUCTING THE CITY MANAGER TO SUBMIT SAID PROPOSED BUDGET TO THE FINANCIAL EMERGENCY OVERSIGHT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. 60. RESCIND R96-900 -- PROVIDING ATTORNEYS OF CIVIL SERVICE / CODE ENFORCEMENT / NUISANCE ABATEMENT BOARDS WITH GROUP INSURANCE AT 100% OF COST. Mayor Carollo: OK, what else do we have? Mr. Edward Marquez (City Manager): I have two pocket items. One deals with a resolution rescinding in its entirety, Resolution 96-900 adopted December 12, 1996 whereby participation of the City of Miami Group Medical Insurance Program was approved for the attorneys engaged in special counsel for the Civil Service Board, Code Enforcement Board and Nuisance Abatement Board providing that said attorneys pay 100 percent of cost for said participation as part of the Oversight... As part of the five year plan. As part of the 1997 recovery thereof. We cancelled the stipends for all board members for various boards. When we passed these items, when we passed the Resolution 96-900, we extended that to eliminating the insurance coverage for the attorneys representing these three boards. We were perhaps, overzealous. These insurance coverages for these attorneys represent compensation to them, negotiated compensation in the past between the City and them. And, that was not the intent of that line item within the five year plan, within the Stierheim plan. So, we are rescinding this. We are asking that this item be rescinded and the fiscal... Commissioner Plummer: What's your recommendation? 164 July 10, 1997 w"A Mr. Marquez: That this resolution be adopted. Commissioner Plummer: I move it. Mayor Carollo: There is a motion by Commissioner Plummer. Commissioner Hernandez: I second it. Vice Mayor Regalado: Second. Mayor Carollo: How many people is this going to affect actually? One, right? Mr. Marquez: Actually, just one. Mayor Carollo: Just wanted to clarify it, Mr. Manager. Mr. Marquez: Absolutely. Mayor Carollo: And, I read the memorandum talked about three but I knew it was one. Mr. Marquez: The other two have declined the coverage. Commissioner Hernandez: Are fully covered? Mr. Marquez: They have declined to... Commissioner Hernandez: To participate in the program. Mr. Marquez:... to participate in the program. Mayor Carollo: This will not affect our five year plan at all? Mr. Marquez: No, it should not. Mayor Carollo: OK, well, there is a motion, there is a second. Any further discussion? Vice Mayor Regalado: Yeah, in terms of... Excuse me, Mr. Mayor. In terms of the salary, I understand that this attorney is talking to you about... on the salary matter. Mr. Marquez: The attorney has talked to me about the salary matter and as I discussed with the attorney, I have no... that's not my perview. Mayor Carollo: All right. Vice Mayor Regalado: Can the City Attorney address that or...? Mr. Jones: That's out of my perview, too. Mayor Carollo: That's out of his perview. And, this is what's going to happen. We keep opening it up and pretty soon we are going to be back in the same situation as before. Commissioner Plummer: This is the fifth time. 165 July 10, 1997 Mayor Carollo: We make cuts, and cuts and cuts, and then you open it up here, you open it up there. We have got the recycling now, in half hour, you know. Decide gentlemen, where you want to draw the line. I suggest we approve this now and... Vice Mayor Regalado: I am ready to vote. Commissioner Plummer: I agree. Mayor Carollo: OK, all in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It approves... It passes unanimously. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-489 A RESOLUTION RESCINDING, IN ITS ENTIRETY; RESOLUTION NO. 96-900, ADOPTED DECEMBER 12, 1996, WHEREBY PARTICIPATION IN THE CITY OF MIAMI GROUP MEDICAL INSURANCE PROGRAM WAS APPROVED FOR THE ATTORNEYS ENGAGED AS SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, CODE ENFORCEMENT BOARD AND NUISANCE ABATEMENT BOARD, PROVIDING THAT SAID ATTORNEYS PAID 100% OF COSTS FOR SAID PARTICIPATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 61. AUTHORIZE $17,500 FOR CONSTRUCTION OF OFFICE SPACE FOR FINANCE. Commissioner Plummer: What else? Mr. Edward Marquez (City Manager): The other... Mayor Carollo: He's got one more. 166 July 10, 1997 Mr. Marquez: The other item is a resolution authorizing the expenditure of funds in the amount not to exceed seventeen thousand five hundred ($17,500). Commissioner Plummer: Move it. Commissioner Gort: Second. Commissioner Plummer: For the Finance Department. Mayor Carollo: Moved, second by Commissioner Gort. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: It passes unanimously. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-490 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS, IN AN .AMOUNT NOT TO EXCEED $17,500.00, FOR THE CONSTRUCTION OF AN OFFICE FOR THE DIRECTOR OF THE DEPARTMENT OF FINANCE AND FOR OTHER ADDITIONAL OFFICE SPACE REQUIRED BY THE DEPARTMENT OF ` FINANCE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 001000311401.6.670 FOR SAID CONSTRUCTION. (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 J.L. Plummer, Jr. Commissioner Wifredo Gort . Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo i NAYS: None. i ABSENT: None. Mayor Carollo: OK, do we finally have the maps... Commissioner Gort: We are waiting for the final numbers. Mayor Carollo: ... and final numbers? Commissioner Plummer: We have got the map but not the numbers. Mayor Carollo: Can...? Commissioner Plummer: So, how long...? Who is doing the numbers? 167 July 10, 1997 1�9 Mayor Carollo: How long do you think it will be until the numbers get here? Commissioner Gort: It should be coming any minute. Mayor Carollo: OK, can we say break for ten minutes, and hopefully when times comes? Commissioner Plummer: Why don't we break until the numbers get here? Mayor Carollo: Well, no, because it might be... Commissioner Plummer: In five minutes. Mayor Carollo: ... he at six. I hope not. I hope it will he within ten minutes. Commissioner Plummer: The what? We have finished the pocket items. Yeah, I did the one for Nova. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 5:37 P.M., AND RECONVENED AT 6:02 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 62. RECONSIDER PROPOSED FIRST READING ORDINANCE: AMEND SECTIONS II AND VI OF CAPITAL IMPROVEMENTS ORDINANCE 11337 -- ESTABLISH NEW CIP PROJECTS BEGINNING DURING FISCAL YEAR 1996-1997 -- SEE LABEL 26. Mayor Carollo: OK, can someone go and see if they are ready to go in. If they are coloring in the districts, maybe one of the staff people can finish it? OK, we are going to take up 17, that will take about 30 seconds to do. Commissioner Plummer: Move it. Mayor Carollo: Moved by Commissioner Plummer. Commissioner Hernandez: Second. Mayor Carollo: Second by Commissioner Hernandez. All in favor... No, it's an ordinance so you have to read it. I am sorry, it's number 17, first reading ordinance. [At this point, the City Attorney read the ordinance into the public records.] An Ordinance entitled - AN ORDINANCE AMENDING SECTIONS II AND VI OF CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996; ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1996-1997; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 168 July 10, 1997 .I 451, was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and was passed on first reading, by title only, by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo 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. ---------------------------------------------------------------------------------------------------------------- 63. ACCEPT REDISTRICTING MAP 5-5(b) FOR FIVE DISTRICTS -- FURTHER AGREE TO MODIFY BRICKELL AVENUE COASTAL DISTRICT BOUNDARIES -- PUBLIC HEARING. Mayor Carollo: OK, are there any further questions from the Commission on the new boundaries that have been given to us? Commissioner Plummer: I have one. Mayor Carollo: What I think this new plan has done is, that it's kept for the most part, the bulk of all our neighborhoods, different neighborhoods within the same districts. We haven't split up any neighborhoods like in some of the other plans that we have had and we have seen. In particular, it's important to all of us here that we would keep Overtown intact. And, that has also been done in this district plan. Commissioner Plummer: Well, I think it goes further than that, Mr. Mayor. What it has done, it has tied Model City into Overtown as one district. And, that's what I think we heard the other day of a great request for. Mayor Carollo: Well, that's what we had requested that we wanted to be seen... Commissioner Plummer: Correct. Mayor Carollo: ... and that's what we have in this new plan. Commissioner Hernandez: And, it's important, Mr. Mayor, because obviously we now have not disenfranchised the Overtown neighborhood. It is part of an African -American district, as it should be and the areas of Wynwood and Edgewater have not been divided either. So, therefore, the actual common interest and the integrity of the communities have been kept and protected. Mayor Carollo: Vice Mayor Regalado, do you have any questions? Vice Mayor Regalado: Just, the map that I have has some color overimposed. I don't know Commissioner, is this the right boundary, or...? 169 July 10, 1997 K Commissioner Hernandez: No, you go to the line. Vice Mayor Regalado: To the line? Commissioner Hernandez: Yes. Vice Mayor Regalado: All right, no. I do not have any questions. Commissioner Plummer: All I want to know, does Venetian Causeway closing effect my district? Commissioner Hernandez: No. Vice Mayor Regalado: Well, I'll tell you, it would affect the services of the City of Miami. The City of Miami Beach has agreed to be the backup service. But, in case of an emergency, we will have to go around the McArthur, through the City, and go in. And, that's for the next two years. Commissioner Plummer: Where are we? Mayor Carollo: I am waiting for Commissioner Gort to get back. Commissioner Hernandez: I think it's important, while we wait, to commend the long hours and the services that Dr. Lichtman and Dr. Wilson have put forward, especially with the different requests that we made at the last hour. I know, I don't think he can even listen to us. But, I would also like to appreciate other people that have assisted us in the process. Mayor Carollo: Yeah. It's been a very long and tiring process. And, there has been a lot of hours put into it. And, we are very appreciative of all the people that put time and effort into it. There is no perfect plan. And, having said that, within the five district plan that we have here before us here today, I stated that I wanted to see the best plan that we could within the five district plan that will be fairest to everyone within the five district that was approved. And, I think this one that we have before us today, has accomplished that. While we are waiting for Commissioner Gort, is there anyone from the public that would like to address this body and talk about this particular five district plan or the way that we have comprised the boundaries that we are discussing here today? Go ahead, Mariano. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami. I am going to address in general... no, the whole system. Mayor Carollo: Mariano, if I could ask you a favor. If we could give the courtesy to a Commissioner before...? Ms. Athalie Range: I have no objection, please. It's his turn and I appreciate that. Mr. Cruz: I just will read a letter that I wrote to the Miami Herald, to the editor on July the 5th. And, I faxed it too. I haven't seen it printed yet. And, that was when they were asking for seven districts. Today, to the Miami Herald in reference, selection of districts for Miami municipal elections. I attended only one workshop at City Hall and was very disappointed. For instance, the committee appointed, Blue Ribbon was integrated mostly with non -City residents. The neighborhood was not represented there. Also, I spoke in February of leaving the system the way it was. It has functioned for 101 years. If if ain't is broken, don't fix it. They of you all, love thy neighbor. And the fact that, yes, love your neighbor, as long as he or she is Cuban or African -American. In addition, that he or she makes over one hundred 170 July 10, 1997 w�� thousand dollars ($100,000) a year or that he or she is Haitian or so forth. Any cliche will do as long as it fits your agenda. We are all taxpayers and that's the bottom line. If we have different backgrounds and jobs... we all live here in Miami. If something, an ordinance affects me, it affects all City residents. I come from Cuba and my neighbors here, on Northwest 26th Street comes from different countries such as the following: Honduras, Haiti, Bahamas, Puerto Rico, El Salvador and the Dominican Republic. Yet, our children are all native Americans. They were born there on 26th Street. Since we have lived here for so many years, I know their first and last name. My Federal, State, County and School Board representatives are Black, and it doesn't bother me since they represent everybody. My Federal Congresswoman is Carrie Meek, District 17, African -American. State Senator, District 40, Daryl Jones, African -American. County Commissioner, District 3 , Dr. Barbara Carey, African -American and Dr. Solomon Stintson in the School Board. My only... the only Cuban is District 113, Louis Morse. I am not going to move from my house in Allapattah of 30 years, just on account of that. They have to represent... Why did we...? With this districting mentality, Fidel Castro can come to Miami and be elected for being Cuban, and not the most qualified candidate. Also, East across Biscayne Bay to Miami Beach, the City Commission is 100 percent White and no Hispanic or Black. I went there on Wednesday, July the 2nd and attended a Commission meeting. The people in the chambers did not represent a cross-section of the Miami Beach community. Why the district here in Miami and not there or Opa Locka for the thing? For my money, I think a good person will represent me better in any government body than a bad one. There are many examples out there. There are many more qualified people to represent all, regardless of race or national origin. Let's follow the history of big cities and immigrant groups. Boston - the Irish; Chicago - the Polish; New York - Italians and Jewish, and Miami Beach - Jewish. Why change the rules in the middle of the game now when it is the Cubans turns in Miami? Mayor Carollo: Mrs. Range. Ms. Athalie Range: Thank you, very much. I would like to have Commissioners... And, my name is Athalie Range. I reside at 5727 Northwest 17th Avenue, Miami, Florida. I would like to have just one question answered for clarification. When you mentioned the fact that Overtown and Model City is being brought into the same district, is this contiguous from Overtown straight through the area, including Model City. Is that...? I don't read the maps too well. My sight is not the best. Commissioner Plummer: You want to look at this one? This one is colored, it might... Ms. Range: That doesn't help me any. No. Commissioner Plummer: That doesn't help you. Ms. Range: You tell me. Does the...? Commissioner Plummer: Are they contiguous? The answer is, yes. Commissioner Gort: It's over there. We have got a map, a big one over there. Ms. Range: They are contiguous? Commissioner Plummer: They are contiguous. Ms. Range: All right. Commissioner Plummer: They run as one. 171 July 10, 1997 Ms. Range: Yes, all right. That Overtown and Model City run as one area. Then, gentlemen my feeling regarding District V really is, if we go with District V we have an over -representation of Hispanics and under -representation of Blacks. This maps says... The figures we have gotten says that there are 62 percent Hispanics versus 28 percent Blacks and other percentages, I think 21 or less percentage of the Whites. So, the way the map reads is that in all of these areas you will find other than, that one area, that they are all Hispanic polarities there. And, I just sat through a meeting a few moments ago, before we brought this meeting in, and heard you laboring over the fact of the abolishing of the City of Miami and that we want to remain as one City. Gentlemen, I feel that District... that plan five is a division of our City. And, I feel that we should recognize the fact that a house divided against itself cannot stand. What is happening now, we are dividing. If we take District... If we take plan five, which gives us the possibility, the probability of getting one seat, I feel that the Black community deserves more than one seat. I have said this from the very beginning and I feel that this is not a fair distribution of power to have four and possibly five of one group and one represented by the Black community. I feel that we need to redo this. If we went back to plan seven, we would find that there would still be a polarity of the Cubans which you deserve, of the Hispanic community. I am not saying that you do not deserve the polarity. Nevertheless, you would have for a certainty, three. Blacks could have a possibility of two and Whites could have a possibility of one which would be far more equal than what you are presenting here. And, I only remind you again, that I think, as you sit here and try to see how we could keep the City of Miami together. I think we ought to continue to keep in mind that a house divided against itself cannot stand and this is clearly a division of power. Thank you, very much. Mayor Carollo: Thank you, Ms. Range. Ms. Frankie S. Rolle: My name is Frankie Shannon Rolle and I reside at 3430 William Avenue in Coconut Grove. I was a member of the Blue Ribbon Committee. I don't see many members in here today, and I think most of them just happened to disappear. But, we worked very hard. It wasn't a toy committee. But, I have some feelings about it and I would like to express them for a record. We were given a task to bring back some recommendations with the help of the experts to the Commissioners. We brought you back, at first a six two plan. We were concerned about the Overtown situation so we went back and we came back and presented to you a six three plan and a seven plan. And, it kind of remind me, and I said the last time I was up here. Why? I don't know how much money you spent on the experts, but I said "why go the doctor, if you are going to come back home and perform your own operation? And, I said that in light of this. If one of the Commissioners already had his own plan, he should have given us the plan and let us look at the plan and dissect the plan and work with the plan while we were doing the work. And, I just don't quite understand that. It's too bad that we didn't have the authority of the Oversight Board where what we said would of kind have been the law like. Now, I don't envy a Commissioner up there. And, I definitely don't envy the Mayor because he has the role of the leadership. As I vision, and I maybe wrong, but there are some things going on around here and from people who really don't care if the City of Miami is abolished. But, believe me within our community, when I say our, I am talking about the Black community. We are strong lovers of the City of Miami. Why? Because we know where the City of Miami started, we helped to start it and we know where the City of Miami has been and we want to be a part of where the City of Miami is going. And, somebody is trying to make us angry enough to go against the City of Miami and to help abolish the City of Miami. And, I really hope that that does not happen. But, then again, I really wanted to say, it's just like when the teacher gives the students some homework and say "you go do this homework" and when you turn it they tell you to tear it up and put it in the garbage can and say "I'll do it myself." [APPLAUSE] Representative James Bush, III: Thank you, Mr. Mayor, I am State Representative James Bush, III, and pretty much my district. District 109 encompasses Brownsville, Liberty, Overtown, 172 July 10, 1997 W Allapattah, Wynwood, Melrose and a portion of Opa Locka and Hialeah as a result of the reapportionment. First, let me address the Mayor. I want to say that when you first appointed me to the Blue Ribbon Commission to go out and listen to the public and take input from the public and to come back, this Commission was commissioned to come back and give recommendations to this Commission that you might be able to put the best plan forward that would mirror fairness and representation across the board. And, taking into consideration several things that this Commission had to look for as we make suggestions to this Commission. One is to look at neighborhoods, the traditional neighborhoods of the City of Miami. And, I don't have to go through those neighborhoods. We have some very proud neighborhoods. The individuals and citizens who live in those neighborhoods feel good about living in Wynwood and the Grove and Model City. And, they are proud to be a part of the City of Miami. We want to keep it that way. And, also looking at the 1965 Voting Rights Act, making sure that those protected classes in that 1965 Voting Rights Act were not diluted in any way, shape, form or fashion when it comes down to voting. And, taking into consideration the socioeconomic demographs and just down right fairness. And, I think, Mr. Mayor, you made in your preliminary statements about being fair and about leadership. When we look at what is happening today with the five district plan, we, meaning the members of the African -American community, and I have talked with representatives and we had one here earlier, Commissioner James Burke, who is very much involved in this process. And, he feels like I do, that this District V plan certainly does not mirror all of the communities throughout Dade, throughout the City of Miami. And, we want to make sure, I want to make sure that I make this for the record, that I just don't come just looking at this from an African -American perspective or looking at it from African -American versus Hispanics. I think we got to get far and beyond that. I think that we have to look at what is fair and what is just and what is right for the citizens of the City of Miami. And, when you look at this five district plan, take it under consideration. We hired two experts to come and give us input to this City Commission and to take into account. The experts themselves said that when you look at all of the plans that were permitted... submitted to the City as well as the community in the public forums, that the six two plan mirrors fairness and it took under consideration all of those factors that I just named, making sure that neighborhoods was in tact and that we did not discriminate on any segment of the community. Now, the experts said that themselves. And, when you look at the five plan, and I want to make this very plain and clear that we are going to see this bigger than just Hispanics versus Blacks because I think we further polarized this community and we divide ourselves and then we send the wrong message to our children. And, I think that we are bigger than that, Mr. Mayor and Commissioner and I think we have to look for the future of our children and the future of this City and the greatness of this City. And, we have some great people in this City and we want to make sure we keep it that way. But, when you look at this plan, African -Americans, the participation in terms of voting in all of the districts is diluted. So, where you have now, five Commissioners, all of you in some way depends on a segment of the African -American community for votes. African - Americans have some input in your election, whether it is a small percentage or a large percentage. And, with this plan that would certainly just give African -Americans District I, just voting strength in one district when we should have voting strength in all or input in all of the districts. And, I thought the 1965 Voting Rights Act said you cannot dilute any class in that... protective class in that Voting Rights Act in diluting their strength to participate in the voting. So, the five plan certainly does not mirror full participation across the board. And, so I say to you, Mr. Mayor, I think that we must do what is right for this City. When we have... this is not the only plan. This is not the Bible. We have alternative plans that could give us the representation across the board. So, we say to the five plan, in our estimation, Mr. Mayor, is not fair. It does not represent all of the ethnic groups across the City of Miami. When you look at the present registration as of July 1, 1997, you will see that in the Anglo community you have 21.4 percent presently registered. You have in the African -American community 26 percent and in the Hispanic community 50 percent. And, so when you look at that breakdown in this plan, five plan would give Hispanics 80 percent of voting strength or control of the Commission at which... 60 percent. So, that... which is not fair in a sense Mr. Mayor, to the other groups in the 173 July 10, 1997 City of Miami. So, with that, I just want to say, I served on that Commission hoping that we will come back, the Commission will come back and give constructive... and give to this Commission the advice from the citizens or the various committees that these districts will affect. And, that you would take the voices of the community into consideration. With this plan, I think that you exclude the communities, you exclude equal representation and I think it's not fair. I think when you talk about abolishing the City of Miami, you give classes of individuals or groups who are excluded out of this equation more consideration to abolishing the City. And, I don't think that we should abolish the City of Miami, but you give us no other choice but to take these as options because of the exclusion of full participation in this process. Mr. Mayor, Mr. Commissioners, I hope that we can get the City of Miami on the right track. You know, we have had our share of problems. And, I think that we still have time to do what is right and what is fair to the citizens. We do know that PULSE (People United to Lead the Struggle for Equality) has a lawsuit in place. And, certainly they are going to keep that lawsuit in place and we are going to deal with the community. We are going to see what this community wants because we want you to know, listening to the voices of the community, listening to the leaders in the various segments of this community, they are saying that it is not right, it is not fair, And, we owe our children a little bit more better than this. And, I say to you, Mr. Mayor, we are... we are kind of disappointed with the map that you have presented today because there are alternative maps. And, I think that you need to go to the seven plan which will give us the maximum representation, 4 Hispanics, two African Americans and one Anglo, which mirrors fairness across the board. Thank you, for this opportunity. It has been a long process. But, as Robert Frost would say "we have miles to go before we sleep." "We have miles to go before we sleep." So, thank you very much for the opportunity. [APPLAUSE] Mr. Clarence Williams: I would like to say, good evening to the Commission and to the citizenry and the audience. My name is Clarence Williams and I would just like to say in reference to the five district plan, it's not going to hold up in my neck of the woods. The gentleman who spoke first said that for years this Commission has run on with five members and you don't fix something that's broke. For 31 years there was an African -American on this Commission. OK, the apparatus is broken and it needs fixing. Thank you. Mr. Manuel Gonzalez-Goenaga: Thinking about 34 square miles, thinking about districts. And, quoting the words of Harry Truman, a simple individual who became President of the United States. He once said "if you cannot convince them, confuse them." And, this is what I am trying to do. What's the use? And, what about, and I have always attacked this Commission, generally. But, now I am going to attack my own people, from the Puerto -Ricans. The Cubans say generally speaking that, they use the word "Arrastrado." Puerto -Ricans we use the word "Anangotado" and that's what we are here. I don't... Where are the Puerto -Ricans? Why don't we have a district in companionship with the Dominicans? The Hispanics are... there are subgroups. You just ask Willie Montanes, Andy Montanes and you will see that the Cubans and Puerto -Ricans are many differences. We are more closer now with the Dominicans. Where are the Dominicans? So, if we are going to make this, we have to be fair to all the subgroups, the more the merrier. The less Commissioners here... I rather... I will be willing to yield to five districts provided we have a chance to reelect all of them at the same time, including the old man, Mr. Plummer. Commissioner Plummer: Careful. Mr. Gonzalez-Goenaga: Thank you. [APPLAUSE] 174 July 10, 1997 r1[%i•�it, �A Commissioner Plummer: Mr. Goenaga, your gift certificate at the funeral home is waiting. Elder Carolyn Daniels: To the Commissioners, to the Mayor. I am Elder Carolyn Daniels. I have been before you several times. I am with the PULSE organization. As chairperson of districting and the PULSE organization the five district plan is totally unacceptable for us. It's not fair enough. It's not broad enough. We appreciate your time, we appreciate all that you have done, but, it's just not acceptable, We will accept a seven district plan. Seven districts will be able to give two Black Commissioners, one Anglo Commissioner. Because of the voting power, because of the way it's diluted in the five plan, that what makes it unacceptable. Thank you. Mayor Carollo: OK. Anybody else from the public would like to address the Commission on this item? OK, then the... OK, no one. The public hearing section of this item is now closed. I stated that we were going to address the five district boundary plan because the last possible date that this Commission had to put an item on the ballot for the September 4th election was last, Sunday before last, we voted upon the five district plan. Where it stands now is, we either have the five district plan or we have no plan at all. The five district plan is not a perfect plan. Frankly, there is probably no plan that we could present that will he a perfect plan. But, it's a plan that gives a representation to all the communities of Miami. All the main groups. It's a plan that you are going to end up with... three districts, it will be three districts for Hispanics. One district that will certainly have an African -American representative and one that will have, what we call here an Anglo-American representative. The numbers that we have a population for each district, we have before all of us now, and it's been handed out to those in the public that wanted it. I open it up to the Commission now do decide if members of the Commission will want to approve this last plan that was presented to us with the boundaries that was given or if we want to look at any other proposals. Commissioner Hernandez: Mr. Mayor, before we vote or look at any other proposal, I would like to just get the opinion of the expert who is on the line, as to the final conclusion. I have been told by the planners that we would have to cut out a block, one block of Brickell, in order to have that separation between District III and II. Commissioner Gort: It is separted by the alley. Commissioner Hernandez: By the alley. Dr. Allan Lichtman (on speakerphone): Are you asking me a question? Commissioner Hernandez: Yes. I just wanted... Dr. Lichtman: As long as you can get a City planner or somebody who can technically create the separation, that is certainly acceptable to the consultants. That's a desirable separation and so long as we can be shown where to draw the line and how to calculate the populations, we have no problem with that. Commissioner Hernandez: Cutting out a block of Brickell. Dr. Lichtman: Pardon me? Commissioner Hernandez: Possibly having to cut out a block of Brickell on the west side. Dr. Lichtman: OK, whatever. I mean, we don't need to... Commissioner Gort: Separated in the alley. 175 July 10, 1997 4 L Commissioner Hernandez: What alley? Dr. Lichtman: Yeah, I obviously can't do that technical work now. But, if you... You know, we can get with the City planner tomorrow and I can get with the technician. We are more than open to making that change. Commissioner Hernandez: OK. t Commissioner Plummer: Well, I think for the record, we... Doctor, we are bringing this to your attention because of a request from the people of Brickell that they didn't want to separate the east side from the west side. And, I think basically we can say, and it's agreed upon by the j Commission, that that should be in fact as one part of one district, both sides of the street. We leave it up to the numbers to he massaged somewhere in between. Mayor Carollo: Well, we don't need to do it... Commissioner Plummer: No. Mayor Carollo: ... I believe, Commissioner... Commissioner Plummer: No. { Mayor Carollo: ... because District III has 75,054 in total population over 18... Commissioner Plummer: I think you are looking at three to 400 voters at the most... Mayor Carollo: Yeah. Commissioner Plummer: ... per population. Mayor Carollo: No, actually in the new plan five five (b), District III has 73,948, 18 or over. And, District II has less... Commissioner Plummer: Seventy-one. Mayor Carollo: ... 71,543. Commissioner Plummer: So... Mayor Carollo: So leaving it out even more so. Commissioner Hernandez: We can work it out. I just want... Dr. Lichtman: Yeah, that's correct. Those are population over 18. Mayor Carollo: Yeah. Commissioner Plummer: No problem. Commissioner Hernandez: I just want to be, you know, the opinion on record that we could either go through an alley or have to cut a block out or what have you with the planning staff. I am ready to make a motion, Mr. Mayor, to accept restricting plan five dash five(b), as presented by the expert, Dr. Allan Lichtman as seen here before us a five district plan. 176 July 10, 1997 Commissioner Plummer: Second the motion. Mayor Carollo: There is a motion by Commissioner Hernandez, second by Commissioner Plummer. Mr. A. Quinn Jones, I11, Esq. (City Attorney): As amended with... Mayor Carollo: As amended. Commissioner Gort: And, as discussion I would like to make a statement to Drs. Wilson and Lichtman that, when the Commission decided to have the five districts, they have been working up to, as you can see, the wee hours, to make sure that we are to try to keep as many neighborhoods together as we could. And, that's some of the work that we were doing all afternoon, and the whole this morning and this afternoon. That within the five districts, they will be represented in as many neighborhoods as possible to maintain... will be kept together. We have been able to maintain Wynwood and Edgewater closer together than before. And, now we have the Model City, Little Haiti and Overtown. [phonetic]. Commissioner Plummer: And, just for one correction on the record of a statement made previous. I think doctor you stated emphatically throughout these entire hearings that you never recommended one plan over another, you merely put together what you were asked by the Blue Ribbon Committee. Is that correct? Dr. Lichtman: That's right. I did not myself, initiate any given plan. At one point I was asked by the committee of all the plans that they requested me to put together which one I preferred. But, that's my own personal opinion. I did not initiate any plan but was rather instructed. I don't know how many we have created to this point, 15 or 20. But, all the initiations came either from the Blue Ribbon Committee or from this Commission. Commissioner Hernandez: Mr. Mayor, the motion that I have made is obviously with the condition of what I have just asked the expert that technically it can be done, the separation between east and west, whether it's a block an alley or what have you. Mayor Carollo: Yeah, that is understandable. Commissioner Plummer: Yeah, that's the amendment. Mayor Carollo: OK. Commissioner Gort? Vice Mayor Regalado, any statements that you would like to make? Vice Mayor Regalado: Just a question. When we draw a line of the boundaries, this is to the professor, are we talking both sides of the street? Like, for instance, separation between Districts III and IV, 27th Avenue. We are talking District IV would have both sides of 27th Avenue or we are talking one side of 27th Avenue? Commissioner Gort: The question was asked, professor is, when you use, like for example between District IV and III, when you utilize 27th Avenue as the dividing line, did you select the district, the east and west side to one district or you divided it straight up the middle? Dr. Lichtman: Dr. Wilson would have to answer that question since he drew the lines. My suspicion is, you divide it with one side and the other side. Because to carry both sides you have to move it passed, you know, move it either to the east or to the west. Move it passed that particular street. That's my understanding of the way these lines work. So, like the line on Brickell, divides Brickell into two parts. The line on 27th would divide that into two parts. 177 July 10, 1997 0 Commissioner Gort: OK, thank you, sir. Mayor Carollo: Any further questions, Commissioner? Are we ready to vote? Commissioner Hernandez: Yes. i Commissioner Plummer: Call the roll. i Mayor Carollo: Call the roll, please? I The following motion was introduced by Commissioner Hernandez, who moved its adoption: MOTION NO. 97-491 A MOTION ACCEPTING REDISTRICTING MAP LANDING NO. 5-5(b) FOR FIVE DISTRICTS, AS PRESENTED BY DR. ALLAN LICHTMAN AND AS SEEN BEFORE THE COMMISSION ON THIS DATE, WITH THE MODIFICATION THAT BOTH SIDES OF BRICKELL AVENUE WILL BE KEPT TOGETHER WITHIN THE COASTAL DISTRICT. Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Mayor Carollo: Thank you. i 178 July 10, 1997 I ---------------------------------------------------------------------------------------------'------------- 64. CONTINUE SWIMMING POOLS OPEN AND SERVICES FOR RESIDENTIAL CURBSIDE RECYCLING PROGRAM -- FURTHER DIRECT ADMINISTRATION TO RETURN WITH BUDGET ADJUSTMENTS TO ACCOMPLISH SAME. Mayor Carollo: We are now on the final item that we have on agenda. Let's see, the item on recycling. Commissioner Plummer: Mr. Mayor, I don't mean to short circuit anybody. I think this Commission has basically agreed to reinstated recycling. I think that's pretty much understood. [APPLAUSE] Now, woe, woe, woe. And, unless I think where we are right now is merely saying to the administration that we wish to reinstate recycling and you find out how we do it. And, I don't think we need to hear an hour of testimony which would basically say, reinstate recycling. If there is anything on this Commission that doesn't want to do it, then I think that should be heard. But, other than that I think that a motion would be in order to instruct the administration to instigate recycling and come back and tell us what has got to give to in fact reinstitute recycling. Because, I don't think we need to hear... I don't mean to cut people short, but if we are going to give them exactly what they want, why go into a lethargy of an hour or two hours of testimony when it's not necessary, that's my only point. Vice Mayor Regalado: If I may, Mr. Mayor? I think that we should make a precise decision here of how we are going to reinstate recycling. We have given... Commissioner Plummer: Well... Vice Mayor Regalado: We have been given some options here and some of the options talk about a straw ballot in November and finding thirty thousand dollars ($30,000) to expand recycling until the November election or charging people some money. I think that the people of Miami should know what... how we are going to keep recycling from... Commissioner Plummer: I think that's for us to decide, OK. Vice Mayor Regalado: I am sorry. Commissioner Plummer: And, as far as I am concerned... Well, let's just test the waters real quick like. I make a motion that we instruct the administration number one, to reinvest in recycling in behalf of the City of Miami. I so move. Now, if that fails then we can go into all kinds of other things. But, if that doesn't fail, then let's decide how we are going to do it, period, Amen, short, sweet and simple. Is there a second? Commissioner Hernandez: I think there are may ways that we can... Commissioner Plummer: Well, but what I am saying is... Commissioner Hernandez: ... leave a lot of doors open for the Manager. Commissioner Plummer: ... let's make a determination first and foremost that this Commission is going to back into recycling, and that was my motion and the purpose. 179 July 10, 1997 +:;i� [APPLAUSE] Commissioner Hernandez: Yeah. Mayor Carollo: I would go along with the motion under the following conditions if you want to amend it. One is that we get the administration's recommendations... Commissioner Plummer: Joe, that's afterwards. Mayor Carollo: ... on how we could do it... Commissioner Plummer: That's afterwards. Mayor Carollo: That's one. No, we need that because we can't he making constant plans to the five year plan and not knowing where the money is coming from. We are either going to be physically responsible or we are not. Two, that the opening of the pools come before the recycling. And, I appreciate many of you that are here today. I appreciate how you expressed yourself, how much you are fighting to keeping recycling, that we all want to see. But, at the same time, we need to speak just as loud for a lot of the underprivileged kids in the inner City neighborhoods that we have where the pools have been closed for a good portion of the year. We have only have had enough dollars to keep the pools open some ten, 12 weeks out of the year, so... No one is here talking up for them and I have a responsibility also to put that on the table because frankly... Commissioner Plummer: Mr. Mayor, I consider that to be a friendly amendment and I accept it. Mayor Carollo: It is a friendly amendment. Commissioner Plummer: I accept it. Let's call a vote. Vice Mayor Regalado: Mr. Mayor, that's what I said, that we could and should be precise because we have been given here an alternative. Direct administration to find thirty thousand dollars ($30,000) to extend recycle until November. And, I don't know how difficult that will be for the administration and I do sympathize with the pools and, I think that should be a priority too. And, I... But, I believe that if one of the alternatives given to us by the administration is to find from now to November, thirty thousand dollars ($30,000), that can be done. Mayor Carollo: You see, that is the one thing that I think we should ask the administration to do. To look at between October 1st and sometimes towards the end of December. Let me tell you why. It is going to be very difficult to give a precise amount where monies could be found for the whole next year, which is really what we are talking about, the whole next fiscal year. And, it is going to be difficult because we have many areas that we are working on this very moment. In fact, tonight I have to go to another meeting in one area that we are working on, hoping to finalize it that we are going to be able to get additional revenues to the City from. And, until we are able to identify all those areas in the next several months, we won't know just how much we are going to have. One other thing that we have to do and we made a commitment on it when we formulated the five year plan is, that we are going to either reduce drastically or maybe even be able to eliminate completely the fire fee on businesses and apartments and condominiums in this City. And, we have made a commitment to that also. And, I truly believe that this Commission is in a good position to be able to find between now and the end of the year a reasonable amount of money to be able to accomplish all that we committed to, but certainly at least between now and the second quarter of the new fiscal year, which will be the first quarter of the new coming year, we are in a position that we could possibly find up to ten million dollars ($10,000,000) or more in recurring revenues for this City. And, that would make a big difference wherein 180 July 10, 1997 0 everybody could be happy and we could all he winners. But, we have a lot of work between now and then, but those are real possibilities that we have out there. And, we could do it hopefully at the same time that we will be able to reduce the ad valorem taxes that we pay on all our properties, substantially. We have been able to reduce it a little bit so far for the next fiscal year but by some of the things that we are working on, we would also be able to reduce the ad valorem taxes even more so. Commissioner Plummer: Well, I... Vice Mayor Regalado: What this motion is saying, Commissioner Plummer, is that we are directing the administration... Commissioner Plummer: Correct. Vice Mayor Regalado: ... to continue recycling. Commissioner Plummer: Correct. Vice Mayor Regalado: Continue. Commissioner Plummer: Yes. Vice Mayor Regalado: Exactly. Mayor Carollo: Excuse me, who...? Commissioner Plummer: And, all I am saying is, is that... Mayor Carollo: Excuse me, J.L. Whoever is driving a white Land Rover that's blocking the City Attorney... Commissioner Plummer: Couldn't happen to a better guy. Mayor Carollo: He was just asking me who is the tow company in the area. Commissioner Plummer: Call Molina, they do it for 65. Mr. Mayor, I think we can cut this... Mayor Carollo: White Land Rover. Commissioner Plummer: We can cut this very, very short. The motion says, we are going to continue recycling. We say to the administration come back and tell us in your estimation what you are going to do to do this, and as the Mayor has indicated the pools also. And, Amen, and let's go home. That's it. Mayor Carollo: Mr. City Manager, is the way that the resolution is being formulated, is that something that the administration can deal with? Mr. Edward Marquez (City Manager): I believe so. Let me restate it in my own terms here. Commissioner Plummer: Careful. Mr. Marquez: Section I. Section I would be the... it is the clear intent of the City Commission to make sure that recycling continues into fiscal 1998. Two, the City Commission directs the City Manager to reallocate funds and make recommendations as to how that is possible for before the September budget hearings. 181 July 10, 1997 M y 1.. r Commissioner Plummer: Negative. That is not the motion. Mr. Marquez: All right. Commissioner Plummer: Let me restate it for you. Mr. Marquez: OK. Commissioner Plummer: That the City Commission directs you as the Manager, presently the Manager. That, you shall continue recycling until the end of this fiscal... Mayor Carollo: You notice how after the district plan got approved, where he doesn't have to run, he gets feisty all of a sudden, eh? Commissioner Plummer: G-r-r-uh. Number two. This City Commission directs you first and f foremost to find adequate funds to keep the pools opened. Number three, you will devise a plan and come back to this Commission for approval of how you would suggest those funds be made available for juggling from one account to another. Now, am I...? Is... My colleagues understand what I said? Vice Mayor Regalado: Absolutely. Commissioner Plummer: Then call the role. Let's go home. Mr. Marquez: All by September. Commissioner Plummer: Yeah. Well, no, I would hope, Mr. Manager, and 1 don't mean to put you under a time frame. But, I don't know why you can't do it before the next Commission meeting. Mr. Marquez: Mr. Commissioner, we have got the... Commissioner Plummer: It's just juggling all the funds, that's all it is. Mr. Marquez: Well, it's... Commissioner Plummer: As I told you before, tell that Oversight Board to stay home and rest because we are going to drive them crazy in September with changes around here. This is number five. Mr. Marquez: And, then... That is why I think all of the changes should be done at the same time, so that we can go back with an amended budget before the Oversight Board one time. Commissioner Plummer: Then fine. You want to do it in September, you lazy devils? I'll accept September. Vice Mayor Regalado: I have ... Mr. Manager, I have looked into different departments, especially the Community Development. And, reading some of the parameters you find that there is a lot of latitude on that department to be used in several instances. And, use general funds in continued recycling. So, just to make sure, so we don't leave tonight here with the doubt that, yeah, they are going to find money to keep the recycling. We can assure the people of Miami that we will continue recycling throughout this year. 182 July 10, 1997 ' 6t- kl� , ,., \ Commissioner Plummer: The motion speaks to that. Vice Mayor Regalado: Yeah. [APPLAUSE] Commissioner Hernandez: If there hasn't been a second, Mr. Mayor, I am willing to make the second. Ms. Lolly Veith: Mr. Mayor. Before... I just want to clarity when we say recycling, we are saying curbside weekly recycling, just for record. That's what we are talking about. Commissioner Plummer: Well, the word continue means to do as we are. Commissioner Hernandez: As it exists. Ms. Veith: OK. I just want the record to be clear. Thank you. Commissioner Plummer: Good night all. Commissioner Hernandez: I second the motion if there hasn't been a second. Mayor Carollo: There's a second to the motion. Before we vote, if I can recognize one of my neighbors and former School Board Commissioner, Janet McCaliley Commissioner Plummer: Nice to have her, as always. Mayor Carollo: Certainly. Commissioner Plummer: And, I saw Arva Parks, where is she? Mayor Carollo: Yeah, Arva, was here earlier. Commissioner Plummer: You have got to recognize her? Mayor Carollo: She is hiding back there, you can't see her. Commissioner Plummer: A historian of this City. Mayor Carollo: Yeah, of course, Arva is here. Commissioner Plummer: Yes. Mayor Carollo: All right. All in favor signify by saying "aye." The Commission (Collectively): Aye. Mayor Carollo: OK. Thank you... 183 July 10, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-492 A RESOLUTION (Pending the Law Department.) i { (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Wifredo Gort Commissioner Humberto Hernandez Vice Mayor Tomas Regalado Mayor Joe Carollo NAYS: None. ABSENT: None. Commissioner Gort: Mr. Mayor, I would like to this opportunity to thank the residents and the committee that got together with staff, you did an excellent work. This once again shows, we have got a working team. We can't do it by ourselves, all of us working together. Thank you. Ms. Veith: Thank you. Mr. Mayor, I would just like to identify Daniel LaFuente, who is the president of the Coconut Grove Elementary School student body. And, he has been waiting to say some words and I think that they don't apply quite now, but he would like to thank you for your efforts, for taking care of our community and our recycling program. Mayor Carollo: Thank you, Daniel. Thanks for being here. Ms. Veith: Just say, thank you. Commissioner Plummer: Yes. Mr. Daniel La Fuente: Thank you. Mayor Carollo: Thank you. 184 July 10, 1997 [APPLAUSE] THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:00 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK 0 JOE CAROLLO MAYOR 185 July 10, 1997