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HomeMy WebLinkAboutCC 1997-12-09 Minutes• • THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 7:21 p.M. AND RECONVENED AT 7:32 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONER GORT AND COMMISSIONER REGALADO, FOUND TO BE PRESENT. NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA. MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 9th day of December, 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 7:32 p.m. by Presiding Officer/Commissioner Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following members of the Commission found to be present: ALSO PRESENT: ABSENT: Commissioner J.L. Plummer, Jr. (District 2) Chairman Humberto Hernandez (District 3) Commissioner Arthur E. Teele, Jr. (District 5) Alberto Ruder, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Commissioner Wifredo Gort Commissioner Tomas Regalado 171 December 9, 1997 ---------------- ------------------------------------------------------------------------------------- ----------- 47. APPROVE OFFICIAL VACATION AND CLOSURE OF PUBLIC RIGHT-OF- WAY -- LOCATION: N.W. 68 STREET AND 7 COURT WITHIN BLOCK BOUNDED BY N.W. 67 STREET, N.W. 69 STREET, N.W. 7 AVENUE AND N.W. 10 AVENUE -- APPLICANT: MIAMI-DADE COUNTY AND LIBERTY HOUSING ASSOCIATES -- SEE LABEL 52. Chairman Hernandez: PZ-1. Mr. Joel Maxwell (Deputy City Attorney): I'm sorry, you don't have... Commissioner Plummer: I move lthat. Mr. Jones: You don't have a quorum. Commissioner Plummer: Yes, we do. Commissioner Teele is here. Mr. Maxwell: Commissioner Teele? Commissioner Teele: Present. Chairman Hernandez: He's here, present. Commissioner Plummer: I move item PZ-1. Chairman Hernandez: Item PZ-1. There's a motion by Commissioner Plummer. Is there a second? By Commissioner... Commissioner Plummer: Teele. Chairman Hernandez: ... Teele. Commissioner Teele: Second. Commissioner Plummer: Call the roll. Chairman Hernandez: Second by Commissioner Teele. Commissioner Plummer: All in favor? Chairman Hernandez: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 172 December 9, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-906 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE PORTION OF NORTHWEST 68TH STREET AND NORTHWEST 7TH COURT LOCATED WITHIN THE BLOCK BOUNDED BY NORTHWEST 67TH STREET, NORTHWEST 69TH STREET, NORTHWEST 7TH AVENUE, AND NORTHWEST LOTH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort Commissioner Tomas Regalado NOTE FOR THE RECORD: Commissioner Gort and Commissioner Regalado entered the Commission Chamber at 7:33 p.m. ---------------------------------------------------------------------------------------------------------------- 48. FIRST READING ORDINANCE: AMEND ORDINANCE 10544 FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL -- CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2272 S.W. 7 STREET -- APPLICANT: HECTOR AND MARIA LEONOR MORALES-GEORGE. ---------------------------------------------------------- Commissioner Plummer: PZ-2. Chairman Hernandez: OK. Before we... Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ... Chairman Hernandez: Hold on. Before we go to PZ-2, as per my discussions with the Law Department... Where is my... Do you have the item? I don't have it with me. Mr. Joel Maxwell (Deputy City Attorney): I gave them.all to you. 173 December 9, 1997 E 9 Commissioner Plummer: Could You get all those people out there to be quiet? Chairman Hernandez: What? Mr. Maxwell: I gave them to you. I gave them all to you. Chairman Hernandez: Hold on. Hold on one second. Mr. Maxwell: I gave them all to you. Commissioner Plummer: What's your problem? What's your problem? Chairman Hernandez: She's got the item that we need to read. We can go to PZ-2 and come back to that item. Mr. Maxwell: You can come back to that item. Chairman Hernandez: Go to PZ-2. Commissioner Plummer: All right. PZ... Are there any objectors on PZ-2? This has been before the Planning and Zoning for approval and by the board for approval. I move item 2 be approved. Commissioner Regalado: Second. Chairman Hernandez: PZ-2. There's 'a motion by Commissioner Plummer, second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Mr. Maxwell: Sorry, we have to read the ordinance on this. Commissioner Plummer: An ordinance. Chairman Hernandez: Roll call, please. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2272 SOUTHWEST 7TH STREET FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY. CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 174 December 9, 1997 was introduced by Commissioner Plummer, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. ---------------------------------------------------------------------------------------------------------------- 49. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM R-1 SINGLE FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL TO CHANGE ZONING ATLAS -- LOCATION: 2272 S.W. 7 STREET -- APPLICANT: HECTOR AND MARIA LEONOR MORALES-GEORGE. Commissioner Plummer: I move PZ-3 because of the fact there's no one to object. Let the record reflect the department is for approval. It.failed because of a four/four vote at the board, but obviously, four people thought it was good, so I move item PZ-3. Commissioner Regalado: Second. Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Regalado. Ordinance. Roll call. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE AND PAGE NO. 34 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM SD-12 BUFFER OVERLAY DISTRICT AND R- 1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2272 SOUTHWEST 7TH STREET, MIAMI, FLORIDA. 175 December 9, 1997 was introduced by Commissibr er Plummer, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. ---------------------------------------------------------------------------------------------------------------- 50. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 10544 FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL TO CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2301 N.W. 12 AVENUE, 1170, 1182 AND 1192 N.W. 24 STREET -- APPLICANT: TRUJILLO AND SONS, INC. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Is there anyone wishing to speak on PZ-4, for or against? Chairman Hernandez: No, we're on PZ-5. Commissioner Plummer: Five? Chairman Hernandez: PZ-5. Commissioner Plummer: Anyone wishing to speak for or against on PZ-5? Let the record reflect... Commissioner Gort: What happened to 4? Chairman Hernandez: We passed it. Commissioner Plummer: Let the record reflect no one came forward. The board... professionals are for approval and the City... Ms. Lourdes Slazyk (Assistant Director, Planning & Development): We still have to do PZ-4. 4 and 5 are companion items. Commissioner Plummer: Right. Ms. Slazyk: We have to do 4 first. Commissioner Gort: We didn't do 4. 176 December 9, 1997 Commissioner Plummer: Well, that's what I started to do. Same terminology goes for 4. I move it. It's an ordinance. Commissioner Gort: Second. Chairman Hernandez: We've got a motion by Commissioner Plummer, second by Commissioner Gort. Read the ordinance. Roll call. An Ordinance entitled - AN ORDINANCE AMENDING :THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2301 NORTHWEST 12TH AVENUE AND 1170-1182 AND 1192 NORTHWEST 24TH STREET, FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. ---------------------------------------------------------------------------------------------------------------- 51. FIRST READING ORDINANCE: 'AMEND ORDINANCE 11000 FROM R-2 TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER OVERLAY DISTRICT TO C-2 LIBERAL COMMERCIAL TO CHANGE ZONING ATLAS -- LOCATION:2301 N.W. 12 AVENUE, 1170, 1182 AND 1192 N.W. 24 STREET -- APPLICANT: TRUJILLO AND SONS, INC. Commissioner Plummer: The same is applied to PZ-5. No one came forward. The department for approval... Commissioner Gort: Move it. Commissioner Plummer: ... the board for approval. I second the motion. Chairman Hernandez: Motion by Commissioner Gort, second by Commissioner Plummer. All those in favor... 177 December 9, 1997 Commissioner Plummer: It's an ordihance. Chairman Hernandez: An ordinance. Read the ordinance, please. Roll call. An Ordinance entitled - AN ORDINANCE AMENDING THE ZONING ORDINANCE AND PAGE NO. 34 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL WITH SD- 12 BUFFER OVERLAY DISTRICT, TO C-2 LIBERAL COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2301 NORTHWEST 12TH AVENUE, 11.70, 1182, AND 1192 NORTHWEST 24TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. Commissioner Plummer: PZ-6... Ms. Vicky Leiva: A point of information, if I may. Chairman Hernandez: Yes. Ms. Leiva: The project you just approved, when built out, will bring 50 to 60 new jobs to the Allapattah area. Chairman Hernandez: Excellent. 178 December 9, 1997 ---------------------------------------------------------------------------------------------------------------- 52. ACCEPT PLAT: NORTHWESTERN ESTATES -- FOR STREET CLOSURE -- LOCATION: N.W. 68 STREET AND 7 COURT WITHIN BLOCK BOUNDED BY N.W. 67 STREET, N.W. 69 STREET, N.W. 7 AVENUE AND N.W. 10 AVENUE -- APPLICANT: MIAMI-DADE COUNTY AND LIBERTY HOUSING ASSOCIATES -- SEE LABEL 47. Chairman Hernandez: Before we go on with PZ-6, J.L., there's an accompanying item with PZ- 1 that we had to read if PZ-1 passed. Attorney Maxwell, can you explain and put us up to date on that? Mr. Joel Maxwell (Deputy City Attorney): This is a resolution accepting a plat in regard to PZ- 1. It's for... It's a plat entitled Northwestern Estates. And it's a plat that allows for the closure of streets in that area, and to facilitate... Commissioner Plummer: Excuse me. Are there past taxes due on this property? Mr. Maxwell: The taxes have been paid, sir. They were paid... Mr. Jim Kay (Interim Director, Public Works): We got that receipt late this morning, today. Mr. Maxwell: They were paid today. Chairman Hernandez: That's why... Commissioner Plummer? Commissioner Plummer: Yes. Chairman Hernandez: That's why it was not on the agenda. I asked for the taxes... for proof the taxes had been paid. Mr. Maxwell: Yeah. Chairman Hernandez: They brought that proof, and we have it in our hands. Commissioner Plummer: All right. Mr. Maxwell: Our Code specifically requires that, and they complied, Commissioner. Commissioner Plummer: OK. And is this... this is just a vacation of a public right-of-way? Mr. Kay: Well, that was PZ-1. He has a pocket item for the approval of the plat now, Northwestern Estates. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): You all approved the major use special permit for this probably about a year ago. Commissioner Plummer: OK. Very well. I move PZ-6. Mr. Maxwell: Wait a minute, Commissioner: 179 December 9, 1997 Chairman Hernandez: Well, we've got to... Mr. Maxwell: You have this pocket item you must vote on, the one that you just were talking about. Chairman Hernandez: Do we have a motion on this resolution? Commissioner Plummer: Move it. Chairman Hernandez: Moved by Commissioner Plummer. Seconded by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All against? Unanimous vote in favor. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-907 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED NORTHWESTERN ESTATES, 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 A CLEAN OPINION OF TITLE, SUBDIVISION IMPROVEMENT AGREEMENT, AND COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 180 December 9, 1997 - - - ;. - I - - 53. FIRST READING ORDINANCE: AMEND ORDINANCE 10544 FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL TO CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 3625 N.E. 2 AVENUE -- APPLICANT: PLANNING AND DEVELOPMENT. Chairman Hernandez: PZ-6. Commissioner Plummer: PZ-6 is approval of the department, approval of the board. No one has come forth, so I second the motion. Chairman Hernandez: We've got a motion by Commissoiner Gort, second by Commissioner Plummer. All those in favor, say "aye." Commissioner Plummer: It's an ordinance. Chairman Hernandez: Read the ordinance, please. Roll call, please. An Ordinance entitled - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3625 NORTHEAST 2ND AVENUE, FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. 181 December 9, 1997 • ---------------------------------------------------------------------------------------------------------------- 54. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM PR - PARKS AND RECREATION TO SD-8 DESIGN PLAZA COMMERCIAL - RESIDENTIAL TO CHANGE ZONING ATLAS -- LOCATION 3625 N.E. 2 AVENUE -- APPLICANT: DEVELOPMENT, BUILDING AND ZONING. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: PZ-7 is just to correct a scrivener's error. I move it. Commissioner Gort: Second. Chairman Hernandez: Moved by Commissioner Plummer, second by Commissioner Gort. All those in favor say "aye." Mr. Joel Maxwell (Deputy City Attorney): It's an ordinance, sir. Chairman Hernandez: It says here... Roll call. An Ordinance entitled - AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 15 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM PR "PARKS AND RECREATION" TO SD-8 "DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT" FOR THE PROPERTY LOCATED AT APPROXIMATELY 3625 NORTHEAST 2ND AVENUE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the fallowing vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. 182 December 9, 1997 -------------------------------------------------------------- ------------------------------------------------- 55. CONTINUE CONSIDERATION OF AGENDA ITEM PZ8 (PROPOSED FIRST READING ORDINANCE: AMEND ARTICLES 9 AND 25 OF ZONING ORDINANCE 11000 TEXT TO ADD ACCESSORY BANKING USES CONDITIONALLY WITHIN R-3 ZONING DISTRICT -- SET FORTH PROVISIONS CONCERNING MAXIMUM FLOOR AREA) -- TO COMMISSION MEETING OF JANUARY 27, 1998. Chairman Hernandez: PZ... Ms. Lourdes Slazyk (Assistant Director, Planning &. Development): On PZ-8, I'd like to for a continuance to January 27th so a companion item... Commissioner Plummer: Move to continue to a date certain of January the... Ms. Slazyk: The 27th. Commissioner Plummer: ... 27th. Chairman Hernandez: We've got a motion for continuance by Commissioner Plummer, seconded by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All against? Unanimous vote. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-908 A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-8 (PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE 11000 TO ADD ACCESSORY BANKING USES CONDITIONALLY WITHIN THE R-3 ZONING DISTRICT) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 27, 1998. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 183 December 9, 1997 ----------------------- --------------------------------------------------------------------- -------------------- 56. FIRST READING ORDINANCE: AMEND ARTICLE 6 OF ZONING ORDINANCE 11000 TEXT, SECTION 602.4.1.1 -- PERMIT SALES / DISPLAY / SERVICE ACTIVITIES TO OPERATE FROM PARTIALLY ENCLOSED SPACES AND FURTHER DEFINE TERM "PARTIALLY ENCLOSED SPACES" (VENDORS INSIDE STRUCTURES / MALLS) -- FURTHER DIRECT ADMINISTRATION TO DISCUSS THE PROPOSED WITH COMMISSIONERS PRIOR TO SECOND READING. Chairman Hernandez: PZ-9. Commissioner Plummer: All right. On PZ-9, I don't know whether I want to defer this or not. I'll move that... Ms. Lourdes Slazyk (Assistant Director, Planning & Development): I might be able to make a real quick... one sentence, I swear. This is not to allow anything on the public right-of-way or the sidewalks. This is to allow inside, like a mall, might turn a corridor into... Commissioner Plummer: OK. Let me tell you where I've got a problem with this. I've got a problem where I've seen places over on 27th Avenue. It was a grocery store, requires "X" parking, all of that. Now, they've opened up a beauty shop inside. They've opened up something else inside. They've opened up.... The traffic in that particular building is three times fold what it used to be. They don't have any additional parking. They don't have any other additional... I just think that we need to look... I tell you what, Mr. Chairman, I'll approve this on first reading, but don't bring it back for second reading until such time as I've had the opportunity to look at it, because we're forming cubby holes. That's what we're really doing by doing this. And unless we have some kind of rules and regulations saying that there is a .minimum square footage... You know, you got some of these places that are selling... they set up a little alcove just to sell Lotto tickets. Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yeah, but this is totally inside. This would be... For instance, the Mayfair, the area where you go into Borders, right down there, that's actually inside. It's their space. 'It's not required open space. It's leasable space. But because one side is open to the street, they can't do anything with it. And it's actually... Commissioner Plummer: All I'm saying to you is don't bring it back until I've had the opportunity to have somebody come and sit with me and talk about it. Mr. Joel Maxwell (Deputy City Attorney): Well, Commissioner, this item would not come back until January as it is right now. Would you like an additional 30 days, instead of just leaving it in limbo? Commissioner Plummer: I'll move it on first reading. Mr. Maxwell: And then you can ask for it to be continued. Commissioner Plummer: I'll do it on first reading. I got no problem. Mr. Maxwell: What I'm saying is, will you need 60 days to look at it... 184 December 9, 1997 Commissioner Plummer: Let's say 60'days, yeah. Ms. Slazyk: So then we'll schedule it for second reading on February 24th. Commissioner Plummer: That's fine. Commissioner Gort: I'll second it, under discussion. I think what the Commissioner is asking is that you put more specifications to make sure we know what kind of use they're going to have according to the space. Commissioner Plummer: Absolutely. Ms. Slazyk: All right. Well, I'll look at maybe further expanding on what it is, and adding parking requirements. Commissioner Gort: And how to use it, to make sure... Ms. Slazyk: I could have parking requirements, too, which, I think, is a concern. Commissioner Gort: OK. Ms. Slazyk: All right. Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by Commissioner Gort. Can we read the ordinance, please? Roll call, please. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE, BY AMENDING ARTICLE 6, SUBSECTION 602.4.1.1, TO PERMIT SALES, DISPLAY AND SERVICE ACTIVITIES TO OPERATE FROM PARTIALLY ENCLOSED SPACES AND FURTHER DEFINING THE TERM "PARTIALLY ENCLOSED SPACES"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 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. 185 December 9, 1997 ---------------------------------------------------------------------------------------- ------------------------ 57. INSTRUCT CITY MANAGER TO ALLOW BAYFRONT PARK MANAGEMENT TRUST TO USE VACANT OFFICE SPACE ADJACENT TO LASER TOWER IN BAYFRONT PARK -- FOR PLACEMENT OF NONPROFIT ORGANIZATION. Commissioner Plummer: Mr. Chairman, let me congratulate you. We were told that you could do this in 15 minutes. You did it in 13. May I bring up a pocket item? Chairman Hernandez: No. Commissioner Plummer: Yes, I can. Chairman Hernandez: OK, go ahead. Commissioner Plummer: Mr. Chairman, I'd like to make a motion at this time instructing staff to do whatever is necessary to bring back to this Commission allowing my Bayfront Park to utilize the laser tower area, to try and give some kind of zoning permission to where we can put a nonprofit, possbily governmental agency in that space, which today is totally wasted. But it's going to take a comprehensive change or a zoning change. I'd like to offer a motion at this time that staff come back to this Commission at their earliest convenience telling us what we can do, and how we can do it. And I think we can go out and get a major corporation to come in there and to spend the money to fix it up and utilize that space. I so move. Commissioner Teele: Second the motion. Chairman Hernandez: Motion by Commissioner Plummer, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-909 A MOTION INSTRUCTING THE CITY MANAGER TO PROCEED WITH NECESSARY STEPS IN ORDER TO ALLOW BAYFRONT PARK MANAGEMENT TRUST TO UTILIZE CURRENTLY VACANT OFFICE SPACE LOCATED ADJACENT TO THE LASER TOWER IN BAYFRONT PARK FOR PLACEMENT OF A NONPROFIT ORGANIZATION OR GOVERNMENTAL AGENCY; FURTHER DIRECTING THE MANAGER TO COME BACK BEFORE THE COMMISSION AT A LATER DATE REGARDING HOW WE CAN ACCOMPLISH SAME. 186 December 9, 1997 Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ----------------------------------------------------- ----------------=------------------------------------------ 58. (A) RECESS DECEMBER 9, 1997 COMMISSION MEETING TO DECEMBER 18, 1997 AT 10 A.M. (B) BRIEF COMMENTS ON POSSIBLE NEED TO PURCHASE POLICE DOGS. Commissioner Teele: Mr. Chairman before... I want to clear it with the City Attorney and the City Clerk. We recessed the previous meeting. Chairman Hernandez: Correct. Commissioner Teele: And we're going to reconvene that meeting on Thursday at what time? Commissioner Plummer: Seven a.m. Commissioner Teele: What did we agree on? Commissioner Plummer: Seven o'clock. Commissioner Teele: Was it nine o'clock or ten o'clock? Commissioner Plummer: Seven. A. Quinn Jones, III, Esq. (City Attorney): Well, now that you... I think you continued it to ten o'clock. Commissioner Regalado: At seven, I'm working. It has to start at four a.m. Commissioner Teele: Ten p.m. on Thursday... Commissioner Plummer: That's all right. Chairman Hernandez: The 18th. Commissioner Teele: ... December 18. Mr. Jones: At ten a.m. 187 December 9, 1997 Commissioner Teele: And I understand that -there are a... there are several items relating to dogs, police dogs, et cetera, that somehow didn't get on the agenda. And if the management... police dogs that need to... they're K-9 dogs. Chairman Hernandez: That was on the agenda, on the consent agenda for veterinarian services, that we needed to... Commissioner Teele: No. We need to buy some K-9 dogs, and the money is... Commissioner Plummer: We just bought them. It's six thousand dollars ($6,000) a dog. Chairman Hernandez: Yeah. Mr. Jones: That was two. Commissioner Plummer: Four. Mr. Jones: Four? Commissioner Teele: I stand corrected. But if there are item that need to come forth, they'll be able to come forth as pocket items. Mr. Jones: Yeah. So we'll reconvene on the 18th at ten a.m. Commissioner Teele: We reconvene at that time. Mr. Jones: Yes. Chairman Hernandez: Ten a.m. the 18th of December. Mr. Joel Maxwell (Deputy City Attorney): Continuance of this meeting? Mr. Jones: Of the regular meeting of the... Unidentified Speaker: They'll recess... Mr. Jones: Yeah. Chairman Hernandez: Move to adjourn. THE CITY COMMISSION MEETING WAS RECESSED AT 7:45 P.M. ON DECEMBER 9, 1997 AND RECONVENED AT 10:25 A.M. ON DECEMBER 18, 1997, FRANK K. ROLLASON WAS THE NEW CITY MANAGER. ALL MEMBERS OF THE CITY COMMISSION WERE PRESENT, AS WERE CITY MANAGER ROLLASON AND CITY ATTORNEY A. QUINN HONES, III. 188 December 9, 1997 Chairman Hernandez: Really one issue on the agenda that we are going discuss today, in continuation. There might be one other brief topic. Commissioner Regalado: Mr. Chairman, just for the record. Chairman Hernandez: Yes. Commissioner Regalado: I, did not attend the Executive Meeting because apparently, I didn't get your memo. Chairman Hernandez: OK. Commissioner Regalado: So, I just want it to be on the record, that I was here, but I didn't know about the meeting. Chairman Hernandez: OK. I apologize for you not getting that memo. ---------------------------------------------------------------------------------------------------------------- 59. COMMENTS REGARDING PROPOSED CHANGES BY MAYOR SUAREZ TO FIVE YEAR FINANCIAL PLAN. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Well, Mr. Chairman. Chairman Hernandez: Yes, Commissioner Plummer. Commissioner Plummer: I am at a lost. Do we have an agenda? Chairman Hernandez: We did have an agenda. Most of the things have been taken care of prior to this meeting. Commissioner Plummer: Do I? Chairman Hernandez: And, the only thing that I had a question on that was in reference to the revised, the revision or the modification that was requested by the Mayor of the City of Miami. It was under my impression that we needed to confirm the modification that was going to be given to the Oversight Board. I had asked the City Attorney if that's true, if not, there is no reason for us to be here today. Mr. City Attorney, a modification to the five year plan was requested by the, and really it was one modification by the Mayor of the City of Miami. It was told to me, that we, as a Commission had to approve or confirm that modification before the Oversight Board could take it into consideration. My question is, and the reason I thought we were meeting here today, as a continuation item from last meeting, was to confirm that modification that was to be presented by today to the Oversight Board. Mr. A. Quinn Jones, III, Esq. (City Attorney): I think you are correct. My recollection was that, either... There was either one or more members of the Commission that had expressed some concern about reviewing the five year plan prior to the submission to the Oversight Board. And, it was also my understanding that there was to be some discussion relative to CDBG (Community Development Block Grant) funding. Chairman Hernandez: That was a mistake on the memorandum that was sent. 189 December 18, 1997 Mr. Jones: OK. Chairman Hernandez: We are not going to be discussing that at this point in time. As a matter of fact, it was a matter that was to be discussed in the Executive Meeting tonight, I mean, this morning. Commissioner Plummer: Well, I was one of the ones that raised the question of how a proffer could be made to the Oversight Board that this Commission had not approved or really in fact even seen or had the time to look over and to discuss and no one came to discuss it with us. And, again, I guess I have to raise that question, that this Commission, as far as I know, is still empowered and must approve any changes to the five year plan. And, this is one Commissioner who was not spoken to, this is one Commissioner who hadn't seen it, I think until yesterday I received the so-called "document." And, so as far as I am concerned that was the reason I raised the question. Chairman Hernandez: Well, that's why we are here. I think it would be important for us to officially open this meeting and I would like Commissioner Teele to make the invocation this morning and then followed by the pledge of allegiance. END OF DISCUSSION -- NO ACTION TAKEN NOTE FOR THE RECORD: An invocation was delivered by Commissioner Teele, affer which Chairman Hernandez led those present in a pledge of allegiance to the flag. 60. (A) COMMENTS BY COMMISSIONER TEELE REGARDING (C.R.A.) COMMUNITY REDEVELOPMENT AGENCY MEETING TO BE SCHEDULED FOR 9:55 A.M. (B) DISCUSS FEASIBILITY TO PROPOSED CHANGES TO THE EXISTING FIVE YEAR FINANCIAL PLAN -- FURTHER DISCUSS NEED TO CONDUCT A WORKSHOP TO REVIEW PROPOSED CHANGES BY MAYOR SUAREZ' REVISED FIVE YEAR FINANCIAL PLAN -- DIRECT ADMINISTRATION TO DELINEATE CLEARLY THE DIFFERENCES BETWEEN THE TWO PLANS. (C) AUTHORIZE CITY MANAGER TO EXPEND $200,000-- FOR MEETING OVERSIGHT BOARD'S REQUIREMENTS THROUGH JANUARY 31, 1998 -- ACCOUNTING BY RODRIGUEZ TRUEBA AND KPMG PEAT'MARWICK. Commissioner Teele: Mister Chairman Hernandez: Vice Chairman. Commissioner Teele: Mr. Chairman, if I may? We agreed at the last meeting to call a special meeting of the CRA (Community Redevelopment Agency) Board at 9:55, that meeting was... noted, was notified and noticed and advertised. Is that correct, Mr. Clerk? 190 December 18, 1997 Mr. Walter J. Foeman (City Clerk): That is correct. Commissioner Teele: And, the purpose of that meeting is very limited, as I understand it, to two items on the agenda. Where is my staff? Alexis. The two items are... Commissioner Plummer: Excuse me. Commissioner Teele. Commissioner Teele: Yes. Commissioner Plummer: We are in a meeting of the Miami City Commission, we are not in a meeting of the CRA, you would have to disband the Miami Commission. Commissioner Teele: I just want... I am well aware of that. Commissioner Plummer: OK. Commissioner Teele: The chair yield to me... Commissioner Plummer: OK. Commissioner Teele: ... and I was only saying what we agreed to do. Commissioner Plummer: OK. Commissioner Teele: We agreed to have a meeting of the CRA at 9:55 to take up two items. The two items related to a one point... I am sorry, a two point five or so million dollar grant which was extended until this coming Monday, December 22nd, which we must either forward or not forward to the Federal government and that recommendation is, will be before us, and that will be to empower the Manager to make the decision. There are a number of open questions that have to be closed between now and Monday. The second issue is to expend, not to exceed fifteen thousand dollars ($15,000) of nongovernmental dollars of grant, of donations, for the purpose of empowerment neighborhood activity over the holiday season. And, 50 percent of those grant dollars or those, I am sorry, not grant, those donations, private sector dollars, would be spent with the departments of the City of Miami. The Police, Solid Waste, the Parks, so it's revenue to the City. Those are the only two items of the CRA. As it relates to the Commission meeting, Mr. Chairman, the Commission agreed at the last Commission meeting that we would on today, the 18th of December pass on or act upon the matters relating to the five-year plan. The five plan is required under the agreement that was... the underlying agreement that was entered into in... Chairman Hernandez: October. Commissioner Teele: ... December of '96. Chairman Hernandez: October, October. Commissioner Teele: October of '96. Chairman Hernandez: Ninety-seven. Commissioner Teele: Ninety-seven? Chairman Hernandez: Yeah. 191 December 18, 1997 Commissioner Teele: Is that correct? Chairman Hernandez: October, '97. Commissioner Teele: OK. The Interlocal Agreement was entered into in December, on December 23rd of 1996. That agreement, among other things, including that agreement. Let me just start from the back, and Mr. Manager, I need you to help me on this, please. That agreement, the Interlocal Agreement, bottom line, among other things, gave the Governor the power to supersede the Mayor of the City of Miami and the Miami Commission totally and the Manager totally and to take over this City if we fail to comply with any of the major underlying requirements of the plan, in December of 1996. Is that right, Mr. Attorney? Mr. A. Quinn Jones, III, Esq. (City Attorney): That's correct. Commissioner Teele: So, the issue here is, a five, an updated five-year plan that was due to have been submitted in October of 1997. Specifically, as I understand it, it's 20 days, Mr. Nachlinger, you need to help us. It's 20 days after this Commission passed the budget. Is that correct? Mr. Robert Nachlinger (Assistant City Manager): Thirty days, sir. Commissioner Teele: Thirty days. And, when did we pass the budget? Mr. Nachlinger: September 29th. Commissioner Teele: So, On October 29th, before I was elected, before Commissioner Hernandez was elected. This Commission had the obligation to forward to the Governor's Oversight Board, at the risk of all of us being set aside, a updated five year plan that reflects that budget. Commissioner Plummer: We did. Commissioner Teele: This Commission, according to the Oversight Board, requested a 30-day or a delay. Is that correct, Mr.,Nachlinger? Mr. Nachlinger: I... At the November meeting of the Oversight Board, the Mayor requested the delay which was granted. Commissioner Plummer: Yes. Commissioner Teele: OK. Hold it, J.L. We did not... This Commission did not forward subsequent to passing a budget as required in September, this Commission did not forward an updated five year plan. Commissioner Plummer: I don't know what you mean updated. We submitted and complied with the demand that we had to submit a five year plan. It was accepted by the Oversight Board. Commissioner Teele: That's not in question. Commissioner Plummer: But there was nothing until the new Mayor came in. Commissioner Teele: J.L. Commissioner Plummer: There was nothing talking about an updated. 192 December 18, 1997 Commissioner Teele: J.L, with all due respect. The document that you all agreed to in December 23rd speaks for itself. You agreed, I didn't agree, but I stand in your shoes with you, we all agreed to submit an annual plan each. year, N days after passing the budget. That has not been done. Commissioner Plummer: You did. Commissioner Teele: Hold on, J.L. Just... Commissioner Plummer: I am listening. Commissioner Teele: In addition, the existing plan which is before the board had numerous, and I think I am not overstating this, Mr. Manager, numerous deficiencies from their point of view, that they instructed us to update and to revise the plan to reflect those deficiencies, Is that correct? And, would you go just for a minute as to what some of those numerous deficiencies are, Frank? Mr. Frank K. Rollason (City Manager): That is correct. There was a letter that we received from Chuck Wolfe - Bob, do you have the document? -It's in the package that you have. The 24th, November 24th letter where they enumerate items that we need to address that includes a revision that has to be submitted... Commissioner Plummer: And, what is that date? Commissioner Gort: Excuse me, excuse me. November 24th of this year? Commissioner Plummer: This year. Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah. Commissioner Gort: I have not been notified of that as of today. Commissioner Plummer: You got a copy of the letter, yesterday. But, excuse me, for the record. At no time was this Commissioner ever notified other than that five year plan was approved, that there were major deficiencies in that plan. The first that I have seen anything in relation to it, is this letter what I got a copy of yesterday. Now, if they... maybe we are talking to someone around here that we didn't know. Because, remember this Commission has never been invited to go to those board meetings. Now, all I am saying to you is, that there were deficiencies, why didn't they come and say to this Commission, the document which you gave us, which we approved, Mr. Nachlinger, they approved, had deficiencies. Why would they have approved the document if it had deficiencies? Mr. Nachlinger: Excuse me, sir. I misspoke. They accepted the submission of October 29th. They have never acted to either accept formerly or reject that document. Commissioner Plummer: The first... To your knowledge sir, the first document showing deficiencies was this letter of yesterday? Mr. Nachlinger: And, actually that letter is couched as suggestions from the Oversight Board for... Commissioner Plummer: OK, just for the record. 193 December 18, 1997 Commissioner Gort: Well, I think it's important to state, this Commissioner neither received any information on this deficiency. Commissioner Plummer: Absolutely. Commissioner Gort: I was under the impression that this has been accepted and they had taken it over. I mean, at no time did I receive, not even today, have I received, maybe my office has, but I have received notice or any deficiencies. Commissioner Plummer: Well, excuse me. Commissioner Gort: I want to clarify that, Art. Commissioner Plummer: Mr. Gort, just for the record. The deficiencies that are so noted are basically in a letter that we received yesterday from the Oversight Board, the Office of the Governor, and I received it on December the 17th, so marked by the fax. OK. Even though the letter is also dated December the 17th. Mr. Rollason: That is a separate letter. The letter that you have on the 17th is not the one that Vice Chair Teele is referring to which is the one on November 24th. Commissioner Plummer: Well, who has that letter? Mr. Rollason: That letter is the packet that you have which the ... Mr. Nachlinger: The third page of this... Mr. Rollason: .... third page from the one that has the Oversight Board... Commissioner Plummer: And, when was that received? Are you talking about the Oversight Board meeting? Mr. Rollason: Right. You are looking at the package of the Oversight Board meeting. For the summary, go the third page of that packet and you will find November 24th letter from Chuck Wolfe. Commissioner Plummer: And, was this letter ever distributed to the Commission? Mr. Rollason: I can't answer that. I do not know. Commissioner Plummer: Well, Mr. Nachlinger was here. Commissioner Regalado: No, it wasn't. Not to me. Not to me, it wasn't. Mr. Nachlinger: To my knowledge sir, it was not, until today. Chairman Hernandez: None of us have received these documents. I have a question. We will be amending this year's budget, correct? Mr. Nachlinger: Certainly. Mr. Rollason: That is correct. Chairman Hernandez: How much time do we have to do that? 194 December 18, 1997 Mr. Nachlinger: Amendment on the budget? Commissioner Plummer: Amendments on the budget, you can do it at any time. Are you talking about amending the budget or the plan? Chairman Hernandez: The plan. The five year plan, I am sorry. Commissioner Plummer: Ah. Mr. Rollason: Oh, all right. We have a deadline today to submit a plan. It is, what we are proposing is the blue packet that you just received yesterday. Commissioner Teele: Which I received yesterday. Commissioner Plummer: We all did. Chairman Hernandez: We all did. Commissioner Teele: OK. Mr. Rollason: I think the Mayor has the distribution of that yesterday. And, the... Commissioner Gort: Excuse me. Can we get my office on your mailing list? Because somehow I am not getting a lot of these things. Mr. Rollason: I know. Commissioner Gort: Will you make sure that my office gets some of this. Mr. Rollason: I will do that. Commissioner Gort: Well, I am just getting it now. I mean, is this what you are talking about? Mr. Rollason: That's what I am talking about. Commissioner Gort: It was delivered here just now. Mr. Rollason: Well, what we did... This is the Mayor's plan. What we did was, we delivered the packet to the Mayor to put a cover on it, and to distribute it out of his office to the Commission. Commissioner Plummer: For the record, yesterday. OK? Mr. Rollason: Yesterday. Commissioner Plummer: OK. Chairman Hernandez: Mr. Manager, let's take things one step at a time. First of all, what is our deadline, today? Mr. Rollason: We have a deadline today to have a plan submitted. We had the meeting... Commissioner Hernandez: And, or any modifications to the plan. 195 December 18, 1997 Mr. Rollason: Right. Commissioner Hernandez: All right. Mr. Rollason: All right. We had the Oversight Board meeting, Tuesday. I know on Tuesday we had the Oversight Board meeting. We requested a 30=day extension so that new members, public Commission as well as myself could review it in totality, in that being the position I held earlier, I had parochial interests in certain areas of the plan, not the total plan. We were unsuccessful in getting that extension. However, there is a technical process this goes through once it's submitted. The... Our proposal today before you is to approve, and there will be a reso to approve this plan. Depending on what action you take from that point forward, we can take that up now and we can discuss it, or I can walk you through the scenario of all the dates so you can see and make a better idea what you want to do about this. If you prefer that, we can go that way and then you will have a good picture of what we are facing. Commissioner Hernandez: My first question is, the proposed modification by the Mayor on the Solid Waste reductions, was that presented to the Oversight Board meeting yesterday? Mr. Rollason: Yes, it was. Mr. Nachlinger. Mr. Nachlinger: No, sir, that was presented to the estimating conference which is... Mr. Rollason: That's right, the estimating conference yesterday, not the Oversight Board. Commissioner Hernandez: OK. Mr. Nachlinger: ... a group that approves all the numbers. Commissioner Hernandez: OK, we need to confirm this proposed modification. Mr. Nachlinger: It has been accepted and approved by the estimating conference of the Oversight Board. Commissioner Hernandez: OK, but in order for it to be looked upon or studied by the Oversight Board, this Commission has to approve this modification. Correct? Mr. Nachlinger: Any plan that is not properly before the Oversight Board until it has been approved by the City Commission. Commissioner Hernandez: OK. So, the first thing we have to look into is, approving this modification, if we are to approve it or not to approve it. Correct? Mr. Nachlinger: That is correct. Commissioner Plummer: Not today. Mr. Rollason: Yes. Let me add, yes... Commissioner Hernandez: Yes, it is today. Mr. Rollason: ... today. A decision has to be made whether you want to approve this today, or not approve this today. 196 December 18, 1997 Commissioner Plummer: May I read from your memo? The City Commission may approve this amended five-year plan on December 18th day. It the City Commission does not approve the amended on December 8th, it will be able to approve this plan as amended during the intervening time on December the 30th. Mr. Rollason: That is correct. Commissioner Plummer: So, we don't have to approve it today. Mr. Rollason: No, you have to make a decision whether you want to approve it or not approve it today. That is what I am saying. We are proposing that, and there is a sequence of events that we have to go through here to make this thing work. What we are saying to you today is, our proposal from staff is for you to approve this five-year plan that we have submitted. You have the option of course, not to do that. If we do not do that, then the existing plan that is in place that was submitted on October 29th, will be the plan that they work from to start to say whether they are going to approve that plan or not. That will be the officially submitted plan. However, there is a 20-day window before they will convene, before they start to talk about the plan that was submitted on October 29th. If in that interim, we have time to get people comfortable with this one, and then we meet again on December 30th and we pass this plan, we will submit this plan to the Oversight Board and they will take this plan in consideration and not the one that was submitted on October 29th. So, therefore, we do not need an extension but we have a window because of the procedural issues that they will be going through. So, in response to the letter that you received on November 24th, we addressed those items and we put them in this plan. We have addressed the concerns that they have. The concerns would include the Tolliver Report (phonetic), the KPMG, the Blue Ribbon Committee, the Stierheim suggestions are all in this report with the items that they asked us to address, time lines to accomplish, dollar amounts, people that are responsible for and we have also included observations and suggestions from the directors of the departments that have an impact on this report. So, with that being said, what we are saying is, we address the issue of whether or not you want to adopt this plan now, or whether you want to use the 20-day window so that you can become familiar with this. Allow Vice Chair Teele to have any workshops or whatever he would like to do to get everybody familiar with this and then we come back here on the 30th and we move forward. Commissioner Teele: Mr. Chairman. Commissioner Hernandez: Vice Chairman. Commissioner Teele: Mr. Manager, I have great respect for you, but I have to tell you, I am not sure we are saying anywhere near the same thing. I think my colleagues need to at least know what my opinion is, because I sat in the same meeting with you. And, I think, Commissioner Plummer, especially doesn't like to get blind -sided and he has shown that this morning. The plan that we have submitted, and this is no reflection on you Mr. Manager or Mr. Nachlinger, or anybody, because let me preference this by saying, the Oversight Board is a lot like the Miami City Commission. It's got five unique distinguished individuals who in my judgement have five unique and separate views as to what they want. Bob, do you sort of agree with that or...? Mr. Nachlinger: I think there may be six. Commissioner Teele: So... Commissioner Plummer: Six opinions for five people. Commissioner Teele: Six opinions for five people. 197 December 18, 1997 Commissioner Plummer: Yeah. Commissioner Teele: But, let's agree on one thing. The plan that is currently approved, that's the plan that was submitted a year ago, is totally inadequate based upon the instructions that have been given to this City through the staff process and the process of the mayor, et cetera, for the last year, 12 months, coming to this point, the plan is that there is totally inadequate and deficient based upon this changing set of where the goal line is, let's say. Is that a fair statement? The underlying five-year plan... Mr. Rollason: I agree with that. That's a fair statement. Commissioner Teele: It's also fair to say that when you all submitted this document in draft on day before yesterday, the first time I saw it was there at the Oversight Board meeting. I got no heads up, and I am not criticizing you. But, I saw it the same time the Oversight Board saw it. Their comment was, this plan, is woefully inadequate and would be rejected if it is the only thing that we are going to submit, did they not say that? Mr. Rollason: That is correct. Commissioner Teele: Was there at least four people saying that the plan that is before us today, is woefully inadequate from what they have asked us to do over the last 12 months. Mr. Rollason: That is correct. Commissioner Teele: OK. Mr. Rollason: And, to address that I guess, when we talk about that we have in this plan addressed the items that came in this letter... Commissioner Teele: Right. Mr. Rollason: ... that has been done. And, as Vice Chair Teele states, there were other issues dealing with an operational portion of this plan that they want to see to make this thing fly. And, I think that's what brings us here today to get those authorizations so that we could move forward in that area. Commissioner Teele: But, as I have said, Mr. Manager, this board in all fairness is not in a position to give you, in my judgement, any authorization other than to go forth and explain to your families what you are going to be doing over the next two weeks. Commissioner Hernandez: Very quickly. Commissioner Teele: And, to try to develop a plan that will pass the Oversight Board mustard. And, the reason that I say that is this. If the Oversight Board rejects the five-year plan, and they have given us, even though the press has not reflected this correctly, they did reject our 30-day request. That is correct. But, they did grant us an additional 20 days, and you know, in negotiating, if you can get 20 days and ask for 30, you are on the side of the breakeven curb of that. So, in fairness to the Oversight Board, what they agreed to do is rather than take this document up between now and January the... Commissioner Hernandez: Sixth. Commissioner Teele: ... sixth, they will wait until the sixth to take it up. However, we must give them current updates as to what our thinking is, so that whatever document we give them on 198 December 18, 1997 the third or the fourth, they will have an opportunity to act on. So, in many ways, we have an additional 20 days to cure whatever. Now, that's the easy part. The hard part is the Mayor has directed certain changes which the Managers have directed. The Oversight Board has said those changes are out of compliance with the five-year plan that has been approved and until the Board of City Commission approves all of those changes, such as merging the Planning Department with the Zoning, as an example. Such as moving the CRA (Community Redevelopment Agency) out from under the City, and moving it, I mean, from where it is to the City, etcetera, et cetera, et cetera. Those changes are, they use the term, inappropriate and we expect you all to get them before us so that we can act on them or to restore them the way they are under the current five-year plan. The worst thing that can happen to the City of Miami, in all honesty, from my point of view, is for the board to reject our plan. Because, basically, Wall Street is keying off of the plan. And, I think there was an agreement on that. Is that right, Bob? Mr. Nachlinger: Yes. Sir. Commissioner Teele: So, what I recommended to the Manager, Mr. Chairman and members of the Commission, respectfully. Is that they bring in our accountant, our CPA (Certified Public Account) firm and we bring in the CPA firm that the Mayor designated as the special firm, Mr. Chairman that, what's the name of that firm that we approval to? Commissioner Hernandez: Trueba. Mr. Nachlinger: Rodriguez, Trueba and Company. Commissioner Teele: And, that this Commission today, take one important action. And, that is to authorize the Manager to expend from the contingency fund whatever dollars that are necessary between now and the day the Chair calls the meeting for the emergency meeting to pass on the five-year plan. And, that has to be done realistically before January the 4th. Now, there is a bigger issue than all of this. And, very briefly, we must by December 31st, .pass a resolution, which has been noticed by the way, for the last three weeks of a special board meeting on December 30th that's been advertised in the newspaper for two weeks. Commissioner Plummer: Board of what? Commissioner Teele: Huh? It's required by State law, and if we don't have that board meeting on December 30th, and I found our about that meeting, Mr. Chairman. Commissioner Hernandez: Yeah. Mr. A. Quinn Jones, III, Esq. (City Attorney): Special Fire Assessment Fee. Commissioner Teele: Mr. Chairman, Commissioner Plummer, I found out about that meeting which has been noticed and advertised, has been advertised, for how long? Mr. Walter J. Foeman .(City Clerk): I believe that was done by Chief Gimenez. Commissioner Teele: How long has it been advertised? Mr. Foeman: I have no idea. Mr. Rollason: I think three... I think we will be at the four week point when we reach that December 30th time. That's why we don't have a window... Commissioner Teele: So, it's been advertised for at least two weeks already. 199 December 18, 1997 0 Mr. Rollason: Yes. Commissioner Teele: I found out about that special board meeting called by this Commission for December 30th on yesterday at, what time, four o'clock? Mr. Rollason: Late in the afternoon. Commissioner Plummer: Yes, it was. It was past... Commissioner Teele: It has to have been because it's been advertised. Commissioner Plummer: Well, excuse me. Commissioner Teele: And, the reason this is important and I'll finish, J.L. Commissioner Plummer: Sure. Commissioner Teele: If it's not on the trim notice, it's going to cost us eight million dollars ($8,000,000), roughly six to eight million dollars ($8,000,000) a year because the difference in compliance in terms of collecting the fire fee hand by hand, door by door, street by street versus the going out on the tax notice, is estimated to be somewhere between six and eight million dollars ($8,000,000). Is that correct? Commissioner Hernandez: Right. Commissioner Teele: Mister...? Mr. Nachlinger: Yes, sir. It's something in that order. And, we are required by State Statutes to notice our intent to put something on the tax bill by January 1st. Commissioner Hernandez: By January 1st. Commissioner Teele: And, if we don't do this by December 30th, we... it will not kick in on October... Mr. Rollason: In 1999. Commissioner Teele: In 1999. Mr. Rollason: Right. Commissioner Hernandez: We have until January 1st. Commissioner Plummer: No you don't, you have until the 31st. Mr. Rollason: We must put the County on notice prior to 1998. Commissioner Plummer: Let me, if I may? Commissioner Gort: Mr. Vice Chairman. Mr. Chairman. Mr. Rollason: And, it has to be... 200 December 18, 1997 Commissioner Hernandez: Yeah. Mr. Rollason: ... in conjunction with running the four weeks of notice. So, we hit that window, we hit the 30th, 29th, 31st and it's been advertised from the 30th by the Fire Chief. Commissioner Hernandez: Commissioner Gort. Commissioner Gort: You said you had six opinions. I would like to give you the seventh. You know, in reading this letter, my understanding, and I am not an attorney. My interpretation is, that the Oversight Board didn't accept our plan that was presented and is asking in here, ... "and prepare your update version, please show a clear path from the plan previously submitted to the new document." My understanding is, what they are telling us is whatever changes you are going to make, whatever variation you are going make with one that was accepted by us, according to this letter, this is my interpretation. Whatever changes you are going to make, make sure you show a clear path how it's going to affect the functions of the City and financially from the previously one accepted. Am I correct? Mr. Rollason: That's correct. Commissioner Gort: OK. Mr. Rollason: And, that' why... Commissioner Gort: So, what I would like to get, because I read that document, I went through it, and I don't know how many changed in here. I would like to get the same thing they requested, the path that is going to show me the differences between the one I read before and the ones in front of me today. Mr. Rollason: And, I think that's the document that Vice Chair Teele is talking about. Now, to try to clarify exactly what it is we are supposed to be putting together because we learned there was some... a little bit of confusion when we left that meeting, needless to say. Bob is going to visit each one of the board members post haste. I understand you are setting up meetings now. So, we can meet with them and get an understanding of what this operational plan is that they are talking about and then together with our auditors we will put that together, make that link, which will take the items that are in there that we have answered to the November 24th letter and tie it to an operational plan that they will feel is acceptable. Commissioner Plummer: Absolutely not. This Commission has not approved a damn thing. Excuse me, some woman gave me a bad letter because I used the word "damn" and I apologize. This Commission has not approved that document. And, for Mr. Nachlinger and anybody else to go out and proport that this is what this City Commission is intending to do, I don't think is the case. Mr. Rollason: No, I don't think that's... Commissioner Plummer: And, until such time as we, we the Commission, who got a document yesterday, approve that document, I think it's impossible to send anybody out from this City to explain what we might do. Mr. Rollason: No. I think we're... I think you are misunderstanding what I am saying. Commissioner Plummer: I hope I am. Mr. Rollason: We're... All right. We are in the formulation process of finalizing this plan. And... 201 December 18, 1997 Commissioner Plummer: Who is "we"? Mr. Rollason: "We" the City, the staff. We are putting this together. All right, there is an issue that has been raised since the last Oversight Board meeting which gave us a clear indication that if there was not some operational component of this, that this plan would not be acceptable. There is confusion over, between staff and them as to what this operational plan is. And, so we are going to visit with those board members and we are going to get that clarified. Then, we will incorporate it into this, we will come back to you, and so you have ample time, comeback on the meeting on the 30th, and this will not go to that board, officially, until you accept or reject the plan. Commissioner Hernandez: That's why I asked you the - initial question. Mr. Rollason: All right. Commissioner Plummer: Excuse me. You know, maybe the longer I stay around here, the less I know. We submitted a plan and that plan is in effect if we don't make any changes. Mr. Nachlinger: That is correct, sir. Commissioner Plummer: OK. Now, if this plan here, which we received last night, suddenly becomes approved, which it may or may not happen, then they want to know, how it operationally is going to be working. Correct? But, in lieu of that, the plan which has been submitted and has been approved is in effect. Mr. Nachlinger: Yes, sir. That is the plan that's properly before the Oversight Board. Commissioner Plummer: So, that's it. That's what is the document they are operating on, today. Mr. Rollason: But, that plan has been approved by the Commission. Commissioner Plummer: That's correct. Mr. Rollason: It has not been approved by the Oversight Board. Commissioner Plummer: The original plan has. Mr. Nachlinger: No, sir, it has not. Commissioner Hernandez: And, that's what they are... Commissioner Teele: Look. Commissioner Hernandez: Hold on. Let me get... Let me... Commissioner Plummer: That letter says it has been. Commissioner Teele: Commissioner, Mr. Chair. Commissioner Hernandez: One second. Commissioner Regalado. Commissioner Regalado: Just something very brief. I... Mr. Rollason, Mr. City Manager. Do you have the impression that the Oversight Board believe that we are going to approve the revised plan? Are you under that impression? 202 December 18, 1997 Mr. Rollason: No. The impression I'm under is that they have put the ball in our court. They have said, we will go with the plan you put in on the 29th or because you got the extension of 30 days that the Mayor has requested, we are coming up to that deadline, the 18th, and you... By that time, you have to have a plan submitted approved by the City Commission. They have that plan right now. Commissioner Regalado: We did... But, we did comply. We did comply. Mr. Rollason: We complied with a plan. Now the question is, if we allow them to act on the plan that we have submitted and it is rejected, I think that the resounding ramifications that could result from that certainly will be detrimental to the City. We don't want a plan in place that is rejected. And, so, therefore we tried to address their gentle hints on the 24th included into this document and we thought we were in pretty good shape when we went to the meeting the other day. We thought that... Commissioner Plummer: And, that one was approved. Mr. Rollason:... we would get some time so that you could review this plan and that we could get it submitted. Commissioner Regalado: So, L. They are uncomfortable with the plan that we first submitted or... Commissioner Plummer: Yeah. Commissioner Gort: ... with the revised? Commissioner Teele: No, neither one. Commissioner Hernandez: One second here. I..: Mr. Rollason: Neither one. Commissioner Regalado: Neither one, OK. Commissioner Hernandez: Commissioner. Commissioner Plummer: We were in compliance... Commissioner Regalado: OK, what is the easiest one to deal with in your... Mr. Rollason: In my opinion what's in the best interest of the City is to take the action that Vice Chair is talking about, that we try to address their concerns and put in this plan as much of the documentation that they want. They are telling us, this is missing some stuff, we want some. more stuff. Now, we need to figure out exactly what that "stuff" is. So, you are right. Commissioner Hernandez: Commissioner Teele. Commissioner Regalado: If I... Art, just one second. Commissioner Hernandez: I am sorry. Commissioner Regalado: I have been reading the story about the meeting, I wasn't there. But, it seems that the Oversight Board is washing their hands and saying, "Well, it's not our fault that 203 December 18, 1997 you don't have the information, it's not our fault that you haven't come up with the time." So whose fault is it? Mr. Rollason: Well, I think the Oversight Board, as they said, can't have it both ways either. And, as we discussed one of the issues dealing with the flow of contracts back and forth. It's like, well, it's, you know, that's in your hands, you make the decisions, we are just the oversight. But, as we go forward and we present things, we get these gentle hints of things that we cannot ignore. We have to address them because it's the tone of the people that are going to have to approve it, and we need to get these items included in the plan. We have got a 20-day window. We will bring our auditors on board. We already had a meeting yesterday so that we can address these things. And, another item, besides talking about crunching numbers is, we... They were very concerned of the quasi reorganization of the City since the change from the election. And, they were, I think Vice Chair Teele was very kind in the way he presented it, in that they were pretty firm that they viewed what we were doing in direct violation of what had been submitted to that board how we had done it. They want things back like they were or to some point, that there is a plan before them how this City is operating that they can buy into... Commissioner Regalado: But, you have... Mr. Rollason: ...and they don't have that. Commissioner Regalado: You have rectified that. Have you? Commissioner Hernandez: No. Mr. Rollason: I beg your pardon. Commissioner Regalado: You have rectified that. Mr. Rollason: I have rectified that. I am working on rectifying it. Commissioner Regalado: Oh. Commissioner Plummer: Yeah, when somebody figures that one out, let me know. Commissioner Hernandez: Well, Frank, Frank. Let's not... One second before I pass on to Commissioner Teele. I think we are sugar-coating this. Commissioner Teele: Yeah. Commissioner Hernandez: Bottom line, we are in a lot of, we have got a lot of deficiencies. That's what you are trying to say? Mr. Rollason: That's correct. Commissioner Hernandez: OK, Commissioner Teele, you were there, why don't you explain, in reality where we are at. Commissioner Teele: Let me first of all acknowledge, I didn't know this. Representative Chomat... Commissioner Hernandez: Jorge Rodriguez-Chomat is here. Commissioner Teele: Representative Chomat personally represented Mayor Suarez and spoke for approximately 45 minutes about philosophy, Mayor Suarez' philosophy. He explained, and I 204 December 18, 1997 think did a great credit to this community, and, quite frankly, to Mayor Suarez personally in explaining why he wasn't there. There was a lot of conversation about what had been said on radio previously with individual Commissioners. And, Representative Chomat also briefed the board on the trip to Tallahassee, and Representative Chomat of course, has the unique position because he is a member of the authorizing committee, I believe of the Joint Legislative Committee, and I think it would be only appropriate if we gave Representative Chomat just a minute or two to say whatever he would like to say about the early part of the meeting before we get to the five-year plan, if he would like to. If he would agree, Mr. Chairman. Commissioner Hernandez: Please, Mr. Chomat. Representative Jorge Rodriguez-Chomat: Am I suppose to pick up the ball and run with it? Mr. Chairman, Vice Chairman... Commissioner Hernandez: Can you state your name and record, for the record. Representative Rodriguez-Chomat: Jorge Rodriguez-Chomat and I am the Chairperson of the Joint Legislative Auditing Committee in Tallahassee. Day before yesterday, I appeared before the Oversight Board, on behalf of Mayor Suarez. Commissioner Teele was there, the City Manager was there. And, basically the message that I brought to the board was a message of conciliation and cooperation of the Mayor with the Oversight Board. My understanding is based on conversation that I have had with Mayor Suarez that as long as the board is in place, and realistically speaking, and it happens to be in place right now. The Mayor is prepared to work with the board. At the same time, that does not mean that the Mayor is in love with the board, or that he even likes the board. The Mayor is prepared to work with it, to expedite the point in time when the board itself will be convinced that there is no longer a need for its existence. And, that will happen only when the board believes that there is no longer... that a state of financial emergency either that does not exist at the present time. I made it clear to the board that the Mayor intended to pursue a, like a two avenue, course of action. On one side, the Mayor, I said it very clear, is a man of principle and the Mayor is not about to forget his legal rights. There is a lawsuit going on whereby the Mayor basically says, there was not then and there is not now, a state of financial emergency. Now, I happen to agree with the Mayor. I happen to believe, having reviewed the applicable Statute, Chapter 218, that if you take the words of the Statute and you apply the numbers, the numbers of assets, the amount of assets owned by the City to the wording of the Statute, technically, there was not, and there is not a state of financial emergency. And, if I may, let me elaborate on that a little bit. The statutes that is in place right now... Do you want me to continue or not? Commissioner Teele: With all due respect, I mean, you were representing the Mayor personally... Representative Rodriguez-Chomat: Yes. Commissioner Teele: ... as opposed to representing the City of Miami. And, I was trying to make that distinction. And, Mayor Suarez' personal views were represented extremely well, obviously, by Representative Chomat. And, I was trying to, only to give this board, a clear feeling that Mayor Suarez did ask Representative Chomat, as we read in the press, to go there and express his views and his underlying views and they are going to pursue that course of action. And... Representative Rodriguez-Chomat: That is correct. Commissioner Teele: and, I think that really, you know, is where we are because where I picked up after he finished speaking, is that I got a call from Mayor Suarez at eight o'clock or seven 205 December 18, 1997 o'clock the night before the meeting, and he says,. "Art, you have said continuously that you believe that a financial emergency does exist" which I do. "And, I can't go there and say that and I can't give them any comfort and my presence would just be antagonizing. I have asked Representative Chomat to reflect my views and I am asking you as Vice Chairman to be my liaison as the designated representative under the Interlocal Agreement." To which the Oversight Board then said "well, are you representing the Mayor, are you substituting for the Mayor?" And I responded, I am not. All correspondence goes to one person. And, I mean, you know, let's face it. One_ of the things the Executive Mayor does, is that each of us no longer is are going to get letters. Only one person is going to get letters. That's the Chief Elected Officer of the City. And, the fact the Mayor may not pass them down is something we are going to have to take up with him. But, all correspondence will continue to go to the Mayor. I will not get any correspondence, the Mayor will pass it over to me, under the agreement that I reached with the Mayor. The Oversight Board then said "Do you believe a financial emergency existed then and now?" And, I responded. There are three Commissioners that are on this Commission who voted for this and who have been there throughout this, and I am suggesting that there are four of us at least, not being able to speak for the Chairman, who believe that a financial emergency does exist. With that, all the things that Representative Chomat says on behalf of the Mayor, and believes, became pretty much a nullity at that point, for the purpose of the five-year plan, because obviously four of us are prepared to overrule anything the Mayor does that would undermine the notion of what we have done todate. And, that gave the Oversight Board a level of comfort. But, I want to just start as the Manager goes forward by saying, if the Mayor, if the Governor and the Oversight Board don't believe we are doing things properly, they have a... We have given them the ultimate authority to just basically... to basically minimize if not to negate our role as Commissioners and the role of the Manager and the role of the Mayor, under the agreement. So, it's in that spirit that I have continued to say to the Manager, we must bring this plan in full conformance before January 3rd or 4th or whatever, and to do that, it's going to require that this Commission probably take at least five or six major actions on December 30th. One, the board insists at a minimum that we approve, not the Mayor, and they have made it very clear. The Mayor can say whatever he wants. They respect the Mayor as a Chief Elected Officer, but no document is official with them, including this document, which I think you misspoke, Mr. Manager. This document is not official with them until it has been approved by this Commission. And, they will accept no document coming forward to them, speaking on behalf of the City of Miami, even though the Mayor is a Chief Elected Official, that has not been approved by this Commission. Commissioner Hernandez: Absolutely. Commissioner Teele: And, one of the documents, for example, that they are insisting be a part of this five-year plan, is a Table of Organization, at a minimum. Now, that means that all these reorganizations that have happened while Mayor Carollo was Mayor, subsequent to the original plan being submitted, all the reorganizations that were done when Ed Marquez was Manager. All the reorganizations that were done - when Chief Warshaw was Manager, all the reorganizations that were done when Al Ruder was the Manager and all reorganizations including what you are proposing to do to return, those people must be approved by this board, before January 4th. And, if we don't approve them, they don't exist. So, there is a Planning Department as far as the Oversight Board is concerned. The Oversight Board does not recognize any of the changes that have taken place, that have not been approved by them, including for example, the transfer of the CRA, including for example, the elimination of the Planning Department, including for example,. on and on, and on and on, and on. Now, what does that mean? It means that this Commission finally has the opportunity to function like a legislative body, if we are able to act. If we are able to pull ourselves together and figure out how to do it. And, if the Manager is able to get a document to us in sufficient time with our staff and their staff to let us know what the devil we are acting upon. Because, again, nobody wants to be a rubber stamp. It also means that the budget that we approved on September 20th, has to be 206 December 18, 1997 11 r1 LJ amended to reflect whatever changes remember, the budget you approve hay all of these other pre -changes . And, a house in order. And, you can't has a h and a Commission Plan. There has got one element, the table of organizatic Committee evaluations be analyzed, be reject them, we are supposed to tell the tell them, when and how and what's th none of that is in any of these plans th; Committee reports and put them pretty Mr. Rollason: Well, not exactly. Commissioner Teele: Sir? Mr. Rollason: Let me explain to you he Commissioner Teele: But we did not n Mr. Rollason: We did that in this plan came and told us that that was not accel Commissioner Teele: Acceptable, OK. Mr. Rollason: Right. We addressee Commission nor has gone forward off speak to have been addressed. Th, responsibilities are in here. They are 1 meeting, just like you saw it the first ti We want a linkage to an operational pl; next 20 days so that we can meet and w we are going to do on the reorganization. Because, a Planning Depaitment. The budget you approved had 1 they are saying is, guys, ladies, we have got to get our ayor Plan, and a Manager I Plan, and a Manager V Plan o be one plan and that plan have to have... and that's just i. They are insisting that all of these Blue Ribbon costed and we either accept them or reject them. If we why we reject them and if we accept them, we have to time table that we are going to implement them. And, t are before us. We simply took all of the Blue Ribbon iuch in here. Pretty much. Is that correct? I see it at the moment. the Blue Ribbon Committee report? In this plan we put them in as an appendix. The letter able. it in this plan which has not been accepted by the ;ially to the board. In this plan, many of the items you time lines are in here, the budget is in here, the ere. However, they have now looked at this plan at the ne, and they said, "there are some other things we want. n." And, that portion is what we need to get done in the can get this passed. Commissioner Teele: Mr. Manager, I defer to your personal judgment on this. All I know is, and I have said one hundred times, I don't understand the terminology, I don't understand what needs to be done. All I know is, there is a lot of work that has to be done. Mr. Rollason: And, on that we agree. Commissioner Hernandez: State Re Representative Rodriguez-Chomat: T Teele's statements. It is my understan that unless the Governor changes his m have, because it's been declared to be have a board, and therefore, we do havf it would be accepted or not accepted have... we are going to be in a cours believe that's what Mayor Suarez want: place, he will work with the board to t. board requires that we do file a plan wh Commissioner Gort: Mr. Chairman. tive Chomat, please. ,ank you, Mr. Chairman. I agree with Commissioner ing based on what happened at the board the other day, nd, or unless a Court of Law rules to the contrary, we do a state of financial emergency. And, therefore, we do to present a plan and if we do not present a plan whether y them, but unless we present a plan, we are going to of major confrontation with the board. And, I don't He clearly has said to me that as long as the board is in to expedite the end of its term. But, working with the ther it would be acceptable or not,. to the board. 207 December 18, 1997 Representative Rodriguez-Chomat: Thank you. Commissioner Hernandez: Commissioner Gort. Commissioner Gort: My understanding is, that there are some amendments that are going to be made to this plan which none of us have seen it. And, some have been seen, and others they have to make some more changes. My understanding is, we need to make a decision on the 30th. I will be away, but I am willing to come in. But, I would like to have those changes as soon as possible and I would like to see - the differences from the plans, previous plan to the new plan before I make a decision on it. Mr. Rollason: There was some discussion of having a workshop, I don't know exactly what Vice Chair Teele's... Either we can put something together that way once we have a package and get together and... or we can brief you individually, if you would prefer that. Commissioner Teele: I think it's important that there be a workshop. I think that all the Commission staff... I think it ought to be noticed as a public, as Sunshine Law meeting... Commissioner Gort: It's a public hearing. Commissioner Teele: ... so that everybody can come. I think it's imperative that each of the Commissioner's staff at a minimum be there, and if necessary, I would hope. Mr. Manager, I would hope that out of the CP... out of the audit firm that we have, I would hope that you all could assign a person, a technical assistance person to each of the Commissioners to keep them updated, their staffs updated and briefed as we go along. I mean, the key thing is going to be the flow of information. And, each Commissioner, each Commissioner needs to have a full range and access to information as we go along. And, the only thing that I was prepared to do was to basically move if the Chair would accept it, a resolution that basically gives you a blank check to use our existing CPA firm and the firm that the Mayor has designated for technical assistance for the sole and exclusive purpose of providing and updating the five-year plan, I am sure the Oversight Board won't have any problem approving that expenditure. And, further, consistent with my comments to the Oversight Board and my instructions from the Mayor that we would approve a task order for Mr. Nachlinger to continue' to consult with us for the purpose of continuity over the next six to nine months, which would give you... I mean, Mr. Nachlinger is the only person that's been around here with the exception of the Budget Director, from the very beginning, Mister... With all due respect, Mr. Marquez is not here, there is no Finance Director, the board reiterated at least on four separate occasions and on the letter. They think it is imperative that you get a Finance Director even if it is Interim Finance Director. And, I think those are the two main actions, that I would hope the Chair would entertain and my colleagues would entertain, the approval of the expenditure from the contingency fund of whatever funds are necessary to use for... with the accounting firms for the purpose of getting the five-year plan in compliance with the Oversight Board and further the approval of a task order, since Mr. Nachlinger leaves on December 30th. The board, the Oversight Board felt that that would be helpful in terms of giving them a point of contact of continuity so they can pick up the phone and call and Mr. Nachlinger has agreed to be available on a task order basis. Commissioner Hernandez: We have confirmed up to... Commissioner Gort: Was that a motion? Commissioner Hernandez: We have confirmed up to twenty-five thousand dollars ($25,000) from the Mayor's budget, correct? Commissioner Plummer: Correct. 208 December 18, 1997 E E Commissioner Teele: Yes, sir. This resolution would be an open-ended budget for the CPA firm. Mr. Jones: Mr. Vice -Chair, I have prepared, in anticipation of this, but the Manager did want a limitation of one hundred thousand dollars ($100,000), not to exceed one hundred thousand dollars ($100,000) and the resolution would read, a resolution authorizing the Mayor to expend monies from the Special Programs and Accounts Contingency Fund in an amount not to exceed one hundred thousand dollars ($100,000) for the purpose of meeting the requirements of the Oversight Board through January 31, 1998. Further stipulating that an accounting be provided for all expenditures made by Rodriguez, Trueba and Company and KPMG Peat Marwick, LLP. Commissioner Teele: I would move it with the change that it be two hundred thousand dollars ($200,000). And, I'll tell you why. If you only spend one hundred... I do not want us to be in a position where we cannot act, and I don't know how much money you can spend between now and then, but I would hate if you... If they bring in 12 people, 15 people, I am suggesting that they need to bring in or at least assign one person separately to each Commission office, not to work all the time, but to be available to brief each Commissioner so that there is no question of accountability. So, I would so move it with that amendment. Commissioner Hernandez: Is this on top of the twenty-five thousand dollars ($25,000) or this is...? Commissioner Teele: Yes. Commissioner Plummer: Well, I have a serious question. Did you say that this is money for the Mayor or for the Manager? You said the Mayor. Commissioner Hernandez: Because, we originally... Commissioner Plummer: No, I will not vote for that. Commissioner Teele: For the Manager, I apologize. Commissioner Plummer: No, for the Manager. Commissioner Teele: For the Manager, management. Yes. Commissioner Plummer: No, no, no. The Mayor has got his little... Commissioner Gott: Second. Commissioner Plummer: He's got his little kitty of twenty-five thousand. Commissioner Teele: For the Mayor. For the Manager. Commissioner Plummer: For the Manager, yes. Commissioner Hernandez: On top of the twenty-five thousand dollars ($25,000) that we have already... Commissioner Plummer: It has nothing to do with the twenty-five. That went to the Mayor. Commissioner Teele: It has nothing to do with the twenty-five. 209 December 18, 1997 0 0. Commissioner Hernandez: OK. Commissioner Teele: But, it's limited to those two firms operating. Commissioner Hernandez: Right. Two hundred thousand. Commissioner Teele: Two hundred thousand. Commissioner Plummer: In concert. Commissioner Hernandez: We have a motion by Commissioner Teele, seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Hernandez: All those against? Unanimous. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-910 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND . MONIES FROM THE SPECIAL PROGRAMS AND ACCOUNTS CONTINGENCY FUND, IN AN AMOUNT NOT TO EXCEED $200,000, FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THE OVERSIGHT BOARD THROUGH JANUARY 31, 1998; FURTHER STIPULATING THAT AN ACCOUNTING BE PROVIDED FOR ALL EXPENDITURES MADE BY RODRIGUEZ, TRUEBA & COMPANY AND KPMG PEAT MARWICK LLP. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 210 December 18, 1997 • --------------------------------------------------------- 7------------------------------------------------------ 61. DISCUSS PROPOSED MODIFICATIONS TO FIRE ASSESSMENT FEE -- DIRECT ADMINISTRATION TO- PREPAR ORDINANCES AS PROPOSED BY MAYOR SUAREZ AND AS PREVIOUSLY DISCUSSED BY COMMISSIONE FOR CONSIDERATION ON DECEMBER 30, 1997 -- FURTHER DIRECT ADMINISTRATION TO ADDRESS BUDGETARY IMPACT OF PROPOSED FIRE FEE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Now, let me ask a question. Commissioner Gort: Are we going to come back on the 30th? Commissioner Plummer: No, no. I have got to... We have got to discuss some other things, OK. Commissioner Gort: OK. Commissioner Regalado: I have got a question too. Commissioner Plummer: As I recall, Mr. Manager. Mr. Nachlinger was... Chairman Hernandez: Commissioner Plummer, if I may be excused a second, I am going to pass the gavel to Commissioner Teele. I need to see the Mayor a second. Commissioner Plummer: Oh, OK. Chairman Hernandez: Yeah. You could continue. Commissioner Plummer: All right. The reason that, we had a meeting scheduled for the 31st or 30th of December was because... Mr. Gort, you listening? Commissioner Gort: Yes. Commissioner Plummer: OK. Was simply because of the fact that there was going to try to be an effort to remove the fire fee by other funds, am I correct? I'm wrong. Mr. Robert Nachlinger (Asst. City Manager): I think that was the... Commissioner Regalado: Substitute. Commissioner Plummer: Substitute, yes. Commissioner Regalado: Move it from one... Mr. Nachlinger: I think that was a desire of the former Mayor, yes, sir. Commissioner Plummer: That was the reason for the meeting. Mr. Nachlinger: Well, no, sir. The reason that we need to have a meeting on the 30th is because prior to the first of the year we had to formally notify the County that we intend on including in the tax bill, next year's tax bill, the fire fee. 211 December 18, 1997 Commissioner Plummer: OK, that's my point. The Mayor has said that he was going to eliminate or modify the fire fee. Now, to my knowledge, I have not received anything that he was going to do such. And, from what I have heard, the only thing they are talking about is modifying the garbage fee to some extent. Now, under those circumstances, I think this Commission has got to know from the Mayor's office, is he going to eliminate the fire as he said during his campaigns? Or he is not going to eliminate it? Is he going to modify it? Is he going to:.. You know, you are talking to a guy who voted against the fire fee. Commissioner Teele: Excuse me. Commissioner Regalado: Mr. Vice Chair. Commissioner Teele: Let me just answer it. The Mayor can't do any of those. All the Mayor can do is propose to this Commission and only we can do that. And, I would instruct the Manager to prepare both ordinances as an emergency ordinance on the 30th, as it was, the one that was approved and the one that the Mayor is proposing and we will vote on one of two. We will approve one of the two. Commissioner Plummer: One of them is already approved, Art. Commissioner Teele: Neither... Commissioner Plummer: The one is approved, the other one was only going to be if it was modified. Commissioner Teele: Mr. Attorney. Mr. A. Quinn Jones,111, Esq. (City Attorney): Yes. Commissioner Teele: Do we have a fire fee in effect at this time? Mr. Jones: No. This Commission... Commissioner Plummer: We do not? Mr. Nachlinger: No, sir. Commissioner Regalado: No, we don't. Mr. Jones: This Commission has not... What you have... What the Commission has done is, you took a vote basically to approve it in principle. The ordinance has not, which would allow for the assessment has not been passed by this Commission. Commissioner Plummer: But, what was my negative vote for? Mr. Jones: That you were in principle against... Commissioner Plummer: Oh, in principle? Mr. Jones: Yes. Commissioner Plummer: Oh, OK. 212 December 18, 1997 Commissioner Teele: And, Mr. Direct... Mr. Budget Director, if there is no action taken on the fire fee, what are the financial implications to this year's budget? Mr. Dipakray Parekh (Director/Office of Budget & Mgmt. Analysis) A loss of approximately twenty-four million dollars ($24,000,000). Commissioner Teele: OK. So... Commissioner Plummer: You have got to ask further questions on that, OK. Now, relate that to the garbage fee reduction and into the other different homes, what is the net, the net difference? Commissioner Teele: On the budget? Commissioner Plummer: Yeah. Mr. Parekh: It's twelve million dollars ($12,000,000). But, there needs to be two actions which need to be taken. Commissioner Plummer: Well, excuse me. The answer that you were looking for, the impact on the budget is twelve million dollars ($12,000,000). When you take and couple the fire fee with the sanitation fee, correct? One replace the other. Mr. Parekh: Yes, but... Commissioner Plummer: Come on guys. I wasn't the only one here. Mr. Parekh: No. Commissioner Teele: But, was it collected? Mr. Parekh: No. Mr. Nachlinger: No. Commissioner Teele: Is it being collected? Mr. Parekh: No. That's the reason I am saying that. As a matter of fact... Commissioner Teele: So, in effect, the net impact is what, Mr. Director? Mr. Parekh: Twenty-four million dollars ($24,000,000). You are not collecting the garbage fee because no action has been taken. Commissioner Teele: You instruct... This Commission instructed the Manager not to collect the garbage fee. Commissioner Plummer: No, we did. Mr. Parekh: Yes. Commissioner Teele: Yes. You have not collected the garbage fee and if we don't approve the fire fee, I am asking the question one more time, Mr. Director. What is the net effect of not acting on this fire fee? 213 December 18, 1997 r-] Mr. Parekh: Twenty -tour million dollars ($24,000,000). Commissioner Plummer: Why... Commissioner Teele: For this fiscal year? Mr. Parekh: This fiscal year. Commissioner Plummer: Why did I just pay a garbage fee? Eh? Mr. Parekh: What garbage fee? Commissioner Plummer: I just paid a semiannual garbage fee. Commissioner Teele: Now, the problem... The problem Commissioner, just so that everybody is on board to the full issue. And, this is very important now, I wish Commissioner Gort were here. Is Mr. Kuper here, Richard Kuper? The big... Commissioner Plummer: Oh, yeah. OK. Commissioner Teele: The big problem... We are going to wait until all of the Commissioners are here because if the..: if we don't... If the fire fee, Mr. Nachlinger, if the fire fee is not on the trim notice and the first step to putting it on the trim notice is the action on January, on December 30th, which is to pass a resolution asking the tax assessor to put it on the trim notice, if it's not on the trim notice and we collect it individually, what is the net, the estimated net impact? Mr. Nachlinger: Two million dollars ($2,000,000), sir. Commissioner Teele: How much? Mr. Nachlinger: Two million. Commissioner Teele: All right. So... Commissioner Plummer: Eh? Commissioner Teele: So, this is a pretty big ticket item because if we don't put it on the trim notice, I said six million before, if we don't put it on the trim notice we clearly will have a two million dollar ($2,000,000) short fall annually. Mr. Nachlinger: That's correct, sir. Commissioner Plummer: Yeah. Commissioner Teele: At least... Commissioner Plummer: Yeah. Commissioner Teele: ... two million dollars ($2,000,000) annually. So, this is a two million dollar ($2,000,000) annual deal as it relates to the trim notice and the problem of course, is that who makes the decision as to whether or not it's on the trim notice. , Commissioner Regalado: Mr. Vice Chairman. 214 December 18, 1997 Commissioner Teele: One moment. Who makes the decision as to whether it's on the trim notice or not? Once we approve putting it on... Mr. Nachlinger: The Tax Assessor for the Dade, Metropolitan Miami -Dade County would make that decision. Commissioner Teele: And, what is their reaction to us putting this on the trim notice? Mr. Nachlinger: They have an extremely negative reaction to us putting it on the tax bill. Commissioner Teele: Commissioner Regalado. Commissioner Plummer: And, yet, they are getting ready to put one in themselves. Commissioner Regalado: Mr. Manager, I think that Commissioner Teele has said something that is very important, to have two kinds of resolutions. But, also, for the purpose of information, we need you to prepare at least for me, and I guess for everybody, two separate sets of responses. One, that would respond to the first plan that we approved and they questioned. And, the second set to the Mayor's will. And, I was wondering how long would that take? I mean... Mr. Frank K. Rollason (City Manager): We are under the gun. I mean, we have got... Commissioner Regalado: I know you are. Mr. Rollason: So, we down... Whatever direction that we receive here today, we are going to accomplish those tasks. Now, let me ask... I am really not sure what the procedure here is. But, let me make an observation and you tell me or maybe the City Attorney. In this plan that we submitted on October 29th, is the fire fee. Commissioner Regalado: Yes. Commissioner Plummer: Yeah. Mr. Rollason: And, it passed this Commission. Commissioner Regalado: Yes. Mr. Rollason: So... Commissioner Plummer: That's what I thought. Mr. Rollason: I don't know if we then have to do - an enabling ordinance is what does it. But, I mean there is a fire fee in this plan that was... Commissioner Regalado: Yes, there is. Mr. Rollason: ... approved by the Commission. It this was in principle and then requires the ordinance... Commissioner Teele: Chief Gimenez. Mr. Rollason:... to do it, that's probably the answer. 215 December 18, 1997 Commissioner Teele: Chief Gimenez, you have been delegated. Would you give us the answer? Fire Chief Gimenez: Yes, sir. That was an intent for this Commission to implement a fire fee. It did not actually implement the fire tee. There are certain statutory requirements that need to be completed in order to implement the fire fee. Commissioner Teele: Under State law. And, under State law, we have not implemented a fire fee. Fire Chief Gimenez: Absolutely not, sir. Commissioner Plummer: Well, and Art, if you had... Commissioner Regalado: And, Commissioner Teele, it also was the will of this Commission, although I don't recall it was a motion, but it was expressed that we will consider reducing or eliminating the fire fee... Commissioner Plummer: If we found other revenues. Commissioner Regalado: If we found the recurring revenues. So, you are right, J.L., it was in the plan but... And, we did approve it. Commissioner Plummer: All right, Mr. Manager. Let me bring up a point that some people are finding hard to believe. The Mayor has stated emphatically, that he is going to reduce taxes by 18 percent. I mean, that's... Everywhere you turn, that's what you read. As a taxpayer in this City, God bless him. I need to know, on the record, what 18 percent reduction in our budget would be. Mr. Rollason: Dipak. Mr. Dipakray Parekh: For the general operating budget, nineteen million dollars ($19,000,000) annually. Commissioner Plummer: And, the total budget? Mr. Parekh: Just including the operating funds... Commissioner Plummer: Well, he didn't say so, you know, I want to give him a little latitude. Mr. Parekh: About twenty million dollars ($20,000,000) for the entire City budget, including debt service. Commissioner Plummer: Eighteen percent? Mr. Parekh: Yes. Commissioner Plummer: That's five into 300. Mr. Parekh: Right. But, we are only dealing with property taxes. The issue was not, whether we are cutting 18 percent of the total City budget. Commissioner Plummer: Well, the budget of the City is three hundred million. Am I correct? 216 December 18, 1997 Mr. Parekh: Yes. Commissioner Plummer: So, 20 percent of that would be roughly, sixty million dollars ($60,000,000). Mr. Parekh: Sixty million dollars ($60,000,000). Commissioner Plummer: Eighteen percent would be roughly, fifty-five million dollars ($55,000,000). Mr. Parekh: Agreed. But, 18 percent of property taxes. Commissioner Plummer: OK. My real question is, we need to know whether... Excuse me. We need to know what the Mayor's plan is to reduce that 18 percent. Because to me, that's going to be very heavily played in this five-year plan. Commissioner Teele: Mister... Commissioner Plummer. First the Mayor has issued a memo indicating that as far as this year's element of the five-year plan and here again is the problem we get into. We have to submit a five year plan, including this year's element. But, we have to have your two, your three, your four and your five. But, the Mayor has indicated in this year plan, he is not proposing an 18 percent or any property tax decreases and it would be 18 percent of property tax not of the general. Commissioner Plummer: What... What memo? Commissioner Teele: I saw a memo.... Commissioner Plummer: Have you seen a memo? Commissioner Teele: ... he said he issued. I'll find it for you. I saw a memo that he issued in which he said he was making one, he was proposing one change to the five year plan, and that was... Mr. Rollason: That was the garbage... Commissioner Teele: ... the elimination of the garbage component of the fire fee. Mr. Rollason: I saw that too. I did see that... Commissioner Plummer: That I saw. But... Commissioner Teele: Well... Commissioner Plummer: ... I didn't see anywhere where he has said, "I am not going to reduce taxes by 18 percent." Commissioner Teele: Well, by operation that... he can only have one... He's got... he has only one bite of the apple. He's either putting it on the table or he's not. He's obviously, not... Commissioner Plummer: So, you're saying, it's a process of elimination. Commissioner Teele: Yes, sir. But, I am also saying, and I really don't want to say this to be argumentative, J.L. But, I am also saying that I don't think it is unrealistic. First, two points. The Mayor cannot reduce taxes by one percent. He cannot raise taxes by one percent and he 217 December 18, 1997 cannot hold the taxes firm. Only this Commission can do that. We are the only people that can raise or lower taxes. And, I don't think we ought to continue to give away the only thing that we really have as a Commission, and that is, the ability to appropriate and budget and legislate. Commissioner Plummer: No, excuse me. The Manager... The Mayor, is my understanding, still has veto power. Commissioner Teele: He does, but we are the only ones that can do it. Commissioner Plummer: But, what I am saying here is, is that if he has come up with an idea, if he has a good idea how we can reduce taxes by 18 percent, I want to work with him and implement it immediately. Commissioner Teele: Well, for the record, I believe that it is possible to reduce taxes by 18 percent over the five years. Commissioner Plummer: Oh, over the five years. OK. Commissioner Teele: Over the five years, and I believe that there could be a plan presented on January... on December 30th that shows a reduction of taxes over the five year period. Commissioner Plummer: And, it that's possible, I think we should know what his ideas are, and what is a possible game plan. Commissioner Teele: I also think that we should know, that the staff should know what our ideas are because this is not... This is a collegial process. Everybody, the Mayor and each of the five Commissioners have an equal right, an equal right, to recommend to the Manager or to request of the Manager to develop an alternative that's consistent with your wishes. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 62. BRIEF DISCUSSION REGARDING APPOINTMENT OF FRANK ROLLASON AS INTERIM CITY MANAGER ON DECEMBER 12, 1997. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: My final question is. Mr. Manager, what day were you made Interim Manager? Mr. Frank K. Rollason (City Manager): Last Friday. It would have been the 12th. Commissioner Plummer: The 12th? Mr. Rollason: It seems like a lot longer ago than that. It was the 12th. Commissioner Plummer: All right. My question is, as an Interim Manager, we have the document from the City Attorney. Commissioner Teele: Before you, before you... I will entertain that in all fairness, I really do think that if you want to bring that up, and it's going to come up, we ought to ask the staff to identify where Commissioner Gort is. Richard. 218 December 18, 1997 Commissioner Plummer: Sir, I'll make it easy for you. I will make it very easy. Mr. City. Manager, have you read the document of the City Attorney about your ability to act as a City Manager? Mr. Rollason: Yes, I have. Commissioner Plummer: And, you are in compliance and you are fully within accord of that opinion? Mr. Rollason: Yes, I mean, that's the law. Commissioner Plummer: Nothing more than ministerial ability. Mr. Rollason: At this point, that is correct. Commissioner Plummer: Thank you, Mr. Vice Chairman, just want it on the record. Commissioner Regalado: Mr. City Manager, of course we can, and we should not call you Interim Manager anymore according to the Law Department, you are the City Manager. Is that...? Commissioner Plummer: No. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 63. 5-YEAR PLAN CLARIFICATION -- MANAGER / COMMISSION LIAISON DISCUSSED. ---------------------------------------------------------------------------------------------------------------- Commissioner Teele: Commissioner Regalado, before you do anything on this, and I will entertain. Can we clear up all of the procedural issues related to the five year plan? Commissioner Regalado: Right. No, yeah. Excuse me, Commissioner. Commissioner Teele: Just procedural. Commissioner Regalado: Right. Commissioner Teele: And, I'll yield to you, right away. Commissioner Regalado: No, no. I just wanted to ask him precisely, when are we going to hear from him regarding these two sets of proposals that we need? Mr. Rollason: I am going to have to get with staff and we will see what we can get worked up. I want to get everything as quickly as we can because there is going to be a lot of information. I don't want to hold it, and as we get stuff I think with the suggestion that the Vice Chair said and we get a liaison with you, we can keep you briefed and updated as we go along. Commissioner Regalado: OK. Mr. Rollason: And, that's certainly the intent. 219 December 18, 1997 Commissioner Regalado: OK. Commissioner Teele: Each Commissioner... You accept the notion that each Commissioner will have a designated liaison that's in the loop, that's at the table that knows what's going on. Mr. Rollason: I think that's an excellent idea, especially with the time frame we are looking at and with the holiday season. I mean, it's... we are going to have to be running people down and get with you and that's going to be certainly the way to do it, not tie-up staff making those types of things while we are working on the adjustments. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 64. STATUS OF CITY MANAGER AS INTERIM. Commissioner Teele: All right. The Chair would like, the Vice Chair would like to announce that at 11:55, the Chair is going to recognize Commissioner Regalado to discuss, or Commissioner Plummer to raise the issues that I sort of curtailed, if they want to come back to them, related to the Manager and the Interim Manager and the attorney's opinion. I have at least one question about any documents or any documents that you may have signed or actions that you may have taken that are or are not, or any big actions that are on the horizon that maybe need to be taken. I just want to put that on the record. Mr. Attorney, can we get all of the resolutions, pocket items relating to the City Commission that need to be addressed? END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 65. PROFESSIONAL FINANCIAL CONSULTANT ASSISTANCE RELATED TO 5 YEAR PLAN: ROBERT NACHLINGER AGREEMENT ($40,000). Commissioner Teele: Did we bring the Nachlinger item up? Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice... Mr. Vice Chairman, what you can do with respect, and I spoke to Mr. Nachlinger about this. You can do a motion and I'll... and the Commission approve it, and I'll do the accompanying resolution. Commissioner Teele: Mr. Manager, would you just state on the record what the motion would be? Mr. Frank K. Rollason (City Manager): The motion would be to set up a purchase order or a... Commissioner Teele: Task order. Mr. Rollason: ... task order that would adopt the Professional Services Agreement with Robert Nachlinger until September 30, 1998, in an amount not to exceed forty thousand dollars ($40,000). 220 December 18, 1997 Commissioner Teele: Is there a motion? Commissioner Gort: Move it. Commissioner Teele: Moved. Commissioner Plummer: Second. Commissioner Regalado: Second. Commissioner Teele: Moved by Commissioner Gort, second by Commissioner Plummer. Commissioner Plummer: Discussion. Commissioner Teele: Discussion. Commissioner Plummer: Mr. City Manager, you have a gold mind in that gentleman. Are we talking about'that he is adequately being compensated, because I have begged him to stay, and I am tickled pink that he is going to be around in this motion. And, I just want to make sure that we give him the incentives to.make him want to stay. Mr. Rollason: Well, Mr. Nachlinger can speak on it himself. But, let me make a couple of observations that I am aware of. Number one, he has accepted employment elsewhere. Commissioner Plummer: I know that. Mr. Rollason: Number two, he... Commissioner Plummer: But, he doesn't know how to grill potatoes. Mr. Rollason: And, number two, he needs to speak with that employer about any possible conflict with him entering into this. Now, our plan is to pass this, to ask you to pass this, and then he is going to pursue with his employer and see if we can make him available to us to help us through the process. Commissioner Plummer: Thank you. And, I only would want, just on the record, that I would him to definitely stay. Commissioner Gort: Well... Commissioner Teele: On the motion, Commissioner Gort. Commissioner Gort: I just wanted to reiterate what the... I have had the opportunity to work with him for many years, and I think he is an excellent man. And, the Mayor asked me if I would take the finance committee with him staying, I will do that, because I know I will get the right advice. Commissioner Plummer: That's right. Commissioner Teele: On the motion, all in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed, say "no." 221 December 18, 1997 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-911 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH ROBERT NACHLINGER, FOR THE PERIOD ENDING SEPTEMBER 30, 1998, FOR FINANCIAL CONSULTING ASSISTANCE RELATED TO THE FIVE YEAR PLAN; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $40,000.00, FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENCY FUND, ACCOUNT CODE NO. 921002-270, FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 66. ACKNOWLEDGE TIME FRAME ESTABLISHED IN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN STATE OF FLORIDA / CITY OF MIAMI / FINANCIAL OVERSIGHT BOARD -- FOR ACCEPTANCE OR REJECTION OF PROPOSED FIVE YEAR FINANCIAL PLAN. Commissioner Teele: Mr. Chair, we're... What we have agreed on is, 11:55, I am going to, that I said that we would yield to Commissioner Regalado regarding his questions regarding the Manager. I have one or two questions on the opinion to make sure that all the documents that have been done are. If you would like, I'll just run through these other resolutions. Chairman Hernandez: Please. Commissioner Teele: The motion is to acknowledge the time frame established by the Interlocal Agreement between the City of Miami for the acceptance or rejection to the plan. It simply states that what we agreed to on December of '96 is still in effect and we are not fighting, contrary to any words that may have been flown. Is there a motion? Commissioner Gort: Move it. Commissioner Teele: Moved by Commissioner Gort. 222 December 18, 1997 Chairman Hernandez: Second. Commissioner Regalado: Second. Commissioner Teele: Second by Commissioner Hernandez. All those in... Discussion. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All those opposed have the same right. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-912 A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE TIME FRAME ESTABLISHED IN THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE STATE OF FLORIDA, CITY OF MIAMI, AND THE FINANCIAL EMERGENCY OVERSIGHT BOARD FOR ACCEPTANCE OR REJECTION OF THE CITY COMMISSION APPROVED CITY OF MIAMI FIVE- YEAR PLAN. (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 Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 67. AFFIRM REQUEST OF OVERSIGHT BOARD LIAISON FOR CONSTITUTIONAL OFFICER OF MIAMI-DADE COUNTY PROVIDE CONSULTING TECHNICAL SUPPORT SERVICES - PRO BONO - TO CITY'S OFFICE OF CITY CLERK. Commissioner Teele: The next one is the one behind the next one, which is reaffirming the request that I made based upon a lot of discussion that documents are not flowing. The Mayor has made the same discussion about vetos and this. And, we just need to make sure that we get some assessment as to what we need to do to have a system in place under the executive system of government relating to the Clerk's Office and to provide technical assistance, that is, the Clerk of the Courts were requested, the Constitutional Officer, to come in and do a pro bono 223 December 18, 1997 assessment. The Governor's office has agreed to cooperate but, for it to be an effective request from us, it has to be ratified even though I made the request informally. Chairman Hernandez: I move it. Commissioner Teele: So, moved by the... Commissioner Plummer: Where are you reading from? Commissioner Teele: I am reading the packet that the Attorney just handed out, the third from the... The third to the last document. Second to the last. Second to the last. Resolution... Commissioner Plummer: The second one from the last that I have is in reference to one hundred thousand dollars ($100,000). Commissioner Teele: A resolution of the City of Miami affirming the request of the liaison to the Oversight Board, that the Constitutional Officer of Miami -Dade County, that's Harvey Rubin in this case, provide consulting and technical assistance services to the City Clerk's Office on a pro Bono basis. Moved by Commissioner Hernandez. Commissioner Plummer: No problem. Commissioner Regalado: Second. Commissioner Plummer: Second. Commissioner Teele: Second by Commissioner Regalado. Discussion. All those in favor say flaye " The Commission (Collectively): Aye. Commissioner Teele: All those opposed say "no." 224 December 18, 1997 The following resolution was introduced by Commissioner Hernandez, who moved its adoption: RESOLUTION NO. 97-913 A RESOLUTION OF THE ' MIAMI CITY COMMISSION AFFIRMING THE REQUEST OF THE LIAISON TO THE OVERSIGHT BOARD THAT THE CONSTITUTION OFFICER OF MIAMI-DADE COUNTY PROVIDE CONSULTING TECHNICAL SUPPORT SERVICES, ON .A PRO BONO BASIS, TO THE CITY CLERK'S OFFICE, CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------- 68. (A). APPOINT CHAIRMAN HUMBERTO HERNANDEZ AS LIAISON WITH MIAMI-DADE COUNTY REGARDING DISCUSSIONS / NEGOTIATIONS WITH MICHAEL POTTINGER, ET AL LAWSUIT AND OTHER HOMELESS ISSUES. (B) WAIVE ATTORNEY -CLIENT PRIVILEGE OF CITY -- FOR BRIEFING GENERAL COUNSEL GOVERNOR'S LIAISON TO OVERSIGHT BOARD (CONTRACTS) CONCERNED REGARDING TARAFA CONSTRUCTION, INC. LAWSUIT, CASE NO. 90-49590- CA (01). (C) WAIVE ATTORNEY - CLIENT PRIVILEGE -- MICHAEL POTTINGER CASE -- OVERSIGHT BOARD BREIFING. Commissioner Teele: The next one relates to the issue of... a very hot budget issues. The two hot budget issues up there right now are the settlements. Are there any settlements other than Pottinger that this Commission has made in the last 12 months? Chairman Hernandez: Yeah, there has been some. Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, yeah, this Commission has approved any number of settlements in the last 12 months. Yeah, there have probably been, I would say at least... Commissioner Plummer: One of many. 225 December 18, 1997 Mr. Jones: Two dozens, maybe more. Commissioner Teele: Which is the one that Mr. Beatty is concerned about? Mr. Jones: He is concerned about all of them. Mr. Frank K. Rollason (City Manager): Well, if I might add, in the meetings that we had with Mr. Beatty, we agreed not to go retroactive back to when we had gotten a clear direction of what was the decision of the Oversight Board. I might add that we had meetings on this very issue with Mr. Wolfe, because it became very apparent early on whether or not we have a problem with the items that were settlements and so forth. And, the first indications we had that we could continue on as we have been doing business as long as it was within the budget, we had not extended beyond that. There then became a concern by the board, that that was not the intent, and we had subsequent meetings with Mr. Beatty. So, it's only from October at some point that I can only remember one other suit that was in the six hundred thousand dollar ($600,000) range. I don't know exactly which one that was that has been passed that then would be reviewed, and Pottinger, in the last Commission meeting we had two and I think we pulled the... Mr. Jones: Yeah. Mr. Rollason: Those were pulled off. So, we are only talking about Pottinger and I think one other item which is like a six hundred thousand dollar ($600,000) item. Commissioner Teele: Well, can we defer on the Pottinger until we get the name of that. Because, I believe that the legal position of the City Attorney is correct. I believe he is trying to protect us. I don't believe that we should provide a blanket waiver, but I do think we should do it on a case by case approach. And, I think the way to do this is to approve the two cases that are not in controversy and to provide that. In the meantime, is there a motion by Commissioner Regalado to accept the Mayor's appointment of Commissioner, Chairman Humberto Hernandez as the Liaison for the City of Miami with respect to discussions and negotiations on all matters relating... Commissioner Plummer: Excuse me, I will move it with one proviso. Commissioner Gort: It's been moved. Commissioner Teele: Relating to what? Commissioner Plummer: Who moved it? Commissioner Gort: Regalado moved it. Commissioner Teele: What is this relating to? Commissioner Plummer: Then, I will amend it, as a friendly amendment. That whoever is the designated liaison today or in the future, shall notify this board at such time of any areas that is being negotiated in a timely fashion. Commissioner Teele: This relates to the homeless issues. Chairman Hernandez: Right. Commissioner Teele: This... 226 December 18, 1997 Commissioner Plummer: This doesn't say that, sir. It says, this is... Commissioner Teele: OK, the resolution... Commissioner Plummer: ... to negotiate anything. Commissioner Teele: The resolution is intended to relate to the Pottinger case and home... and all homeless issues. Commissioner Plummer: OK. Commissioner Teele: And, I think we all agree that there are some very heavy issues that the County and the City should engage in... Commissioner Plummer: It was... I have no problem with that at all, if it were designated here in that resolution, I wouldn't have raised the question. Commissioner Teele: So, the resolution is amended by Commissioner Regalado to reflect the Pottinger case and all other issues related to the homeless, specifically related to reimbursement by the County to the City. Commissioner Regalado: And, to what Commissioner Plummer said in terms, your friendly amendment, that the Commission should be informed by the Chairman. Is that correct? Commissioner Plummer: Oh, of course. Absolutely. That's what he would be there for. Commissioner Teele: As always. Moved by Commissioner Regalado, seconded by Commissioner Gort: Is there objection? Discussion. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All those opposed say "no." 227 December 18, 1997 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-914 A RESOLUTION APPOINTING CHAIRMAN HUMBERTO HERNANDEZ TO ACT AS LIAISON FOR THE CITY OF MIAMI TO MIAMI-DADE COUNTY WITH RESPECT TO DISCUSSIONS AND/OR NEGOTIATIONS REGARDING THE MICHAEL POTTINGER, ET AL VS CITY OF MIAMI LAWSUIT AND OTHER ATTENDANT ISSUES OF THE MIAMI HOMELESS SITUATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Commissioner Teele: The only other matter relates to that of the... getting the name of the other case. Do we have...? Mr. Jones: The other case was the case involving Tarafa Construction which was the... Mr. Rollason: Fire garage. Mr. Jones: Yeah, the fire garage case. That was a settlement in the neighborhood of what? Six hundred something thousand dollars. Commissioner Plummer: We had no... We had no choice. Mr. Jones: Yeah. Commissioner Teele: So, we would add that case to the resolution relating to Pottinger in respect to those two cases. And, that would be moved by, anyone? Commissioner Regalado. Commissioner Plummer: We are approving those with the exception of those two, is it? Mr. Jones: Well, no. Commissioner Teele: No, we are approving only the right of the attorney... Commissioner Regalado: Right. ' Commissioner Teele: ... to waive the... The City Commission is waiving its attorney -client privilege and instructing the attorney to brief the persons designated on the Oversight Board of those cases, of the settlement. And, the underlying considerations. 228 December 18, 1997 Chairman Hernandez: I move it. Commissioner Teele: Moved by the Chairman. Commissioner Plummer: Second. Commissioner Teele: Seconded by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. The following resolutions .was introduced by Vice Chairman Hernandez, who moved their adoption: RESOLUTION NO. 97-915 A RESOLUTION WAIVING THE ATTORNEY -CLIENT PRIVILEGE OF THE CITY OF MIAMI WITH RESPECT TO TARAFA CONSTRUCTION, INC. V. CITY OF MIAMI IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, CASE NO. 90-49590-CA (01), FOR THE PURPOSES OF BRIEFING THE GENERAL COUNSEL, GOVERNOR'S LIAISON TO THE OVERSIGHT BOARD AND THE CHAIRMAN OF CONTRACTS AND EXPENDITURES COMMITTEE OF THE OVERSIGHT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 97-915.1 A RESOLUTION WAIVING THE ATTORNEY -CLIENT PRIVILEGE OF THE CITY OF MIAMI WITH RESPECT TO MICHAEL POTTINGER, ET AL VS CITY OF MIAMI IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 88-2406-CIV-ATKINS, FOR THE PURPOSES OF BRIEFING THE GENERAL COUNSEL, GOVERNOR'S LIAISON TO THE OVERSIGHT BOARD AND THE CHAIRMAN OF CONTRACTS AND EXPENDITURES COMMITTEE OF THE OVERSIGHT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolutions wer passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 229 December 18, 1997 E 0 ----------------------------------- ---------------------------------------------------------------------------- 69. (A) WAIVE ATTORNEY -CLIENT PRIVILEGE WITH RESPECT TO DELOITTE & TOUCHE L.L.P. AND FRANK PAREDES, CASE NO. 97-25179 -- FOR BRIEFING GENERAL COUNSEL AND OVERSIGHT BOARD. (B) DIRECT CITY ATTORNEY, TO SCHEDULE A DISCUSSION ITEM FOR MEETING OF JANUARY 13, 1998, REGARDING FEE ARRANGEMENT FOR LAW FIRM OF TEW & BEASLEY IN DELOITTE & TOUCHE LAWSUIT. (SEE END OF LABEL 70). Commissioner Teele: And, then we have the same situation where they want to be briefed on the Deloitte case as it's moving forward, and we would waive that attorney -client privilege as it relates to counsel and outside counsel and ,instruct, the attorneys, all of them, to brief the Oversight Board on that. That's moved by Commissioner Regalado. Commissioner Regalado: Moved. Yes, sir. Commissioner Teele: Seconded by... Chairman Hernandez: Second by me. Commissioner Teele: Commissioner Hernandez. Discussion. Commissioner Plummer. Commissioner Plummer: When are we going to be, "we" the Commission going to be likewise updated? Commissioner Teele: Anytime you... Tell the Attorney. A. Quinn Jones, III, Esq. (City Attorney): Updated on, with respect to these matters? Commissioner Plummer: What's going on. I mean, are we still operating on a fee, are we on an incentive? I thought the matter was going to be discussed at the last Commission meeting, it was pulled for some reason. Mr. Jones: Well, you... Well, no. Let me... Let's back... Commissioner Teele: Can you put that on the agenda for the 30th... Mr. Jones: Yeah. Commissioner Teele: ... for the first meeting in January? Commissioner Plummer: Yeah, please do, because... Mr. Jones: The fee arrangement, because the Commission originally passed what was presented to you as their fee arrangement. That was passed by this Commission. It was the Mayor at the last meeting or the meeting, whenever it was, he indicated that he wanted to see a lower percentage on the fee. Commissioner Teele: First meeting in January. Who proposed the fee arrangement that's in force now? Which Commissioner? 230 December 18, 1997 Chairman Hernandez: Plummer. Mr. Jones: Well, there was no Commissioner proposed it. There were three or tour different fee arrangements. Commissioner Plummer: I wasn't here. Commissioner Teele: It was negotiated. All right. Mr. Jones: Yes. Commissioner Teele: A motion on the underlying agreement to waive the attorney -client privilege. Commissioner Plummer: What do you mean, negotiated? Don't say it was, Plummer. It was absolutely, definitely scheduled when Plummer and Gibson were out of town. Commissioner Regalado: But... Commissioner Plummer: That was not by accident. Commissioner Regalado: ...J.L. Commissioner Teele: On the underlying motion, attorney -client privileges, the only issue, we will take it up whenever anybody puts it on the agenda. Commissioner Plummer: Excuse me. We might not have, is what I am trying to say, Commissioner. We might not have an agreement with the attorney, as it stands right now. So, for you... Commissioner Teele: You have. Commissioner Plummer: What? Commissioner Regalado: You do. Commissioner Teele: Commissioner, you may want to amend the agreement, but you have it. Commissioner Plummer: We might want to cancel this attorney and get another one. Commissioner Teele: Well, that's true, but until you do that, we have all of that, they have asked to get a briefing and let's just do that, and that will help us in our case to cancel it, perhaps. Commissioner Plummer: As far as to discuss the issue, fine. Commissioner Regalado: But, I would like to remind the members that the then Manager, Ed Marquez, mentioned that he had consulted with Commissioner Plummer and he expressed on the record, all the things that J.L. wanted, and it was modified. I remember that as well. It was modified according to your views. Chairman Hernandez: I call the question, Mr. Chairman. Commissioner Teele: The question is called. All those in favor. The underlying question is the waiver of the attorney -client privilege. 231 December 18, 1997 Commissioner Plummer: That's tine. Commissioner Gort: Right. Commissioner Teele: All those in... For the purpose of giving the Oversight Board the briefing on all the things that everybody is talking about, now. Commissioner Plummer: No problem. Commissioner Teele: All those in... Commissioner Gort? All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Teele: All those opposed? The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-916 A RESOLUTION WAIVING THE ATTORNEY -CLIENT PRIVILEGE OF THE CITY OF MIAMI WITH RESPECT TO CITY OF MIAMI V. DELOITTE & TOUCHE LLP AND FRANK PAREDES IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, CASE NO. 97-25179, FOR THE PURPOSES OF BRIEFING THE GENERAL COUNSEL, GOVERNOR'S LIAISON TO THE OVERSIGHT BOARD AND THE CHAIRMAN OF CONTRACTS AND EXPENDITURES COMMITTEE OF THE OVERSIGHT BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Hernandez, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 232 December 18, 1997 • ------------- --------------------------------------------------------- ------------------------------------------ 70. AUTHORIZE CITY MANAGER TO EXTEND DEADLINE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROPOSALS SUBMITTAL TO JANUARY 12, 1998. Commissioner Teele: Mr. Chairman, I yield back. I have one motion relating to the reannouncement of the CDBG (Community Development Block Grant) applications for the purpose of giving the City of Miami and any other interested party an opportunity to submit additional grants for the purpose of reducing the General Fund or increasing the taxes for the City of Miami. Chairman Hernandez: There is a motion on the floor, is there a second? Commissioner Plummer: Second. Of course. Chairman Hernandez: Second by... There is a motion by Commissioner Teele. Commissioner Teele: And, this is specifically pursuant to the comments of Commissioner Regalado who is talking about a series of roads that need to be taken care of. Chairman Hernandez: Definitely. Definitely. Commissioner Teele: And, that... And, these are not independent grant applications that we are going to have to take up in February. And, this would... The period is closed and it primarily will give the City, but anybody else that can qualify in that criteria can submit. And, that's what this is about, Mr. Chairman. Chairman Hernandez: Motion by Commissioner Teele. Seconded by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 233 December 18, 1997 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-917 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE DEADLINE FOR SUBMITTAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT PROPOSALS TO JANUARY 12, 1998, FOR THOSE CAPITAL PROJECTS THAT REDUCE OPERATING EXPENSES OF THE CITY OF MIAMI THROUGH CAPITAL IMPROVEMENTS AND MAXIMIZE INCREASES IN THE TAX BASE OF THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Commissioner Gort: Mr. Chairman. Commissioner Teele: Mr. Chairman, please. Please, Mr. Chairman. Chairman Hernandez: Vice Chairman. Commissioner Teele: Could you yield for three minutes that we could have a CRA (Community Redevelopment Agency) Board meeting and approve or disapprove those two items? Commissioner Gort: Before you go into that, Mr. Chairman. Chairman Hernandez: Commissioner Gort. Commissioner Gort: Point of clarification, because I think this is a public hearing. There is a lot of people here present, a lot of people watching this meeting. That it is important that the day we have the meeting and we approved that, we were told by the Manager that some of the changes in the contract was made because they have had conversation with Commission Plummer and Commissioner Gibson at that time, and they were in _approval of it. That's the statement that was made to us during that meeting. Commissioner Plummer: Just for the record. I had a discussion with Mr. Marquez, I expressed to him at the time that my feelings were, that it was to be on an incentive plan. That, if they didn't collect, if we didn't collect, they didn't get anything. That is not the plan that was passed. So, if you want to make the record very, very clear, that expression that I made to him out of this Commission meeting which he supposedly, and I did not read or write, I am saying my suggestion was the incentive. He wins, we win. He loses, we lose. 234 December 18, 1997 NOTE FOR THE RECORD: AT THIS POINT, 11:53 A.M., THE CITY COMMISSION CLOSES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI. NOTE FOR THE RECORD: THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY 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 ISSUES: -------------------------------------------------------------- DIRECT CITY MANAGER TO SUBMIT BEFORE DECEMBER 22, 1997 AMENDED APPLICATION TO US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)-- FOR FUNDING AVAILABILITY AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES. -----------------------------------------------------------------7---------------------------------------------- Board Member Hernandez: I would like to recess this regular Commission meeting for five minutes and convene a CRA (Community Redevelopment Agency). Chairman Teele. Board Member Teele: Thank you. The CRA board of the City of Miami for the Overtown/Park West Omni areas are called to order. Mr. Clerk, would you note the presence of the quorum in the persons of: Mr. Regalado, Commissioner Plummer, Commissioner Gort and Chairman Hernandez, please. Mr. Walter J. Foeman (City Clerk): Yes, Mr. Chairman. Board Member Teele: Can we get staff, Mr. Manager, could we get Mr. Minagorri to come forward and just briefly outline what the grant request is, authorizing the Manager to submit the two point, whatever it is grant, please? Mr. Mickey Minagorri: Yes. Good morning, Mickey Minagorri. Basically, the grant is a two point two million dollar grant in the homeownership zone application. And, what we are asking is, basing this resolution drafted by the Legal Department, as to give the City Manager authorization to decide whether to move forward with the application, as is being amended right now. Board Member Teele: Do we have those resolution up here? Board Member. Hernandez: They are right here. Board Member Teele: My staff passed out the two pocket items with the Manager's items. Where is the Manager's item? 235 December 18, 1997 Mr. Minagorri: I believe you all have copies. Board Member Plummer: Huh? Unidentified Speaker: They were passed out with the originals. Board Member Plummer: Hell of a way to run an airline. What? No, that's not what we were just handed. Board Member Teele: Well, those are pocket items, apparently just got ahead of themselves. This is a resolution authorizing the City Manager to submit an amended grant application for the homeownership zone subject to the concurrence of the Mayor and the Chair of the CRA, related to a deadline, drop dead date of this coming Monday. Board Member Hernandez: I move it. Board Member Teele: Moved by Chairman... Board Member Regalado: Second. Board Member Teele: ... Hernandez. Second by Commissioner Regalado. Discussion. All those in favor say "aye." The Members (Collectively): Aye. Board Member Teele: All those opposed, say "no." 236 December 18, 1997 The following resolution was introduced by Board Member Hernandez, who moved its adoption: SEOPW/CRA RESOLUTION NO. 97-10 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN AMENDED APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") IN RESPONSE TO NOTICE OF FUNDING AVAILABILITY ("NOFA") AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES, TO BE SUBMITTED ON OR BEFORE DECEMBER 22, 1997, SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND THE MAYOR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. (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 Wifredo Gort Board Member J.L. Plummer, Jr. Board Member Humberto Hernandez Board Member Tomas Regalado Board Member Arthur E. Teele, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 72. AMEND SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN -- INCORPORATE N.W. 9TH STREET MALL, PHASES I AND II. ---------------------------------------------------------------------------------------------------------------- Board Member Teele: And, relating to the Ninth Street Mall is a resolution by Commissioner, please Regalado. Board Member Regalado: Regalado. Board Member Teele: Relating to, including the Ninth Street Mall which has already been built to move it into the plan. This is a technical requirement by the U.S. Department of Transportation. Board Member Gort: Second. Board Member Teele: Moved by Commissioner Regalado. Seconded by Commissioner Gort. All those in favor say "aye." The Members (Collectively): Aye. 237 December 18, 1997 Board Member Teele: Those opposed? The following motion was introduced by Board Member Regalado, who moved its adoption: SEOPW/CRA MOTION NO. 97-11 A MOTION AUTHORIZING THE CITY MANAGER TO AMEND THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("PLAN") FORTHE THE PURPOSE OF INCORPORATING NORTHWEST 9TH STREET MALL, PHASES I AND II PROJECT ("PROJECT") INTO THE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO REQUEST FUNDING FOR THIS PROJECT THROUGH METROPOLITAN MIAMI-DADE COUNTY PLANNING ORGANIZATION. Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member J.L. Plummer, Jr. Board Member Humberto Hernandez Board Member Tomas Regalado Board Member Arthur E. Teele, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 73. EXPEND $15,000 FROM OVERTOWN NEIGHBORHOOD PARTNERSHIP (ONP) FUND -- FOR IMPLEMENTATION OF SEVEN DAY CULTURAL EMPOWERMENT PROGRAM -- FURTHER AUTHORIZE 50% REIMBURSEMENT TO CITY TO COVER CITY COSTS. Board Member Teele: And, the final one is a resolution that would allow for the utilization of non -government dollars from the Overtown Neighborhood Partnership which were private donations restricted for the promotion of Overtown during the period... Fifty percent of the money would be used to pay the City into the General Fund or the Special Accounts. Board Member Hernandez: Move. Board Member Regalado: Move it. Board Member Teele: Moved by Commissioner Regalado. Board Member Hernandez: Second. Board Member Teele: Seconded by Commissioner Hernandez. All those in favor say "aye." The Members (Collectively): Aye. 238 December 18, 1997 Board Member Teele: Those opposed held the same right. The following resolution was introduced by Board Member Regalado, who moved its adoption: SEOPW/CRA RESOLUTION NO. 97-12 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $15,000 FROM THE CITY'S OVERTOWN NEIGHBORHOOD PARTNERSHIP ("ONP") FUND FOR THE IMPLEMENTATION OF A SEVEN (&) DAY CULTURAL AND EMPOWERMENT PROGRAM, DESIGNED TO EMPOWER RESIDENTS IN BUILDING A STRONG BUSINESS AND RESIDENTIAL COMMUNITY; FURTHER AUTHORIZING FIFTY PERCENT (50%) OF THE EXPENDED AMOUNT TO BE REIMBURSED TO THE CITY OF MIAMI TO COVER ANY COST INCURRED FOR CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being ' seconded by Board Member Hernandez, the resolution was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member J.L. Plummer, Jr. Board Member Humberto Hernandez Board Member Tomas Regalado Board Member Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Board Member Teele: Are there any other matter to come before the CRA? Board Member Hernandez: Move to adjourn. Board Member Teele: So moved. All those in favor say "aye." The Commission (Collectively): Aye. Board Member Teele: Meeting adjourned. NOTE FOR THE RECORD: , THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED AT 11:56 A.M., CONSIDERATION OF THE HEREINABOVE ISSUES, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. 239 December 18, 1997 ---------------------------------------------------------------------------------------------------------------- 74. APPROVE COMMUNITY REDEVELOPMENT AGENCY BOARD ACTIONS FOR SOUTHEAST OVERTOWN / PARK WEST -- SEE LABELS 72, 73, 74. Chairman Hernandez: Going back to the regular Commission meeting... Commissioner Gort: Don't we have to approve in the Commission meeting? Chairman Hernandez: We need to, now move to, we need a motion to approve the minutes and what we have just approved, the CRA (Community Redevelopment Agency) board. Commissioner Teele: So moved, Mr. Chair. Chairman Hernandez: Moved by Commissioner Teele. Commissioner Gort: Second. Chairman Hernandez: Seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-918 A MOTION APPROVING MINUTES OF THE PREVIOUS ACTIONS TAKEN BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR SOUTHEAST OVERTOWN/PARK WEST DISTRICT (INCLUDING AUTHORIZATION OF MANAGER'S SUBMITTAL AND APPLICATION TO H.U.D. FOR HOMEOWNERSHIP ZONES SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF S.E.O.P.W. REDEVELOPMENT AGENCY AND THE MAYOR); AUTHORIZING THE CITY MANAGER TO HOMEOWNERSHIP ZONES SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF S.E.O.P.W. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas. Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 240 December 18, 1997 ---------------------------------------------------------------------------------------------------------------- 75. APPOINT ARTHUR E. TEELE VICE CHAIRMAN OF CITY COMMISSION. Chairman Hernandez: There is one... Mr. A. Quinn Jones, III, Esq. (City Attorney): Mister Chair. Chairman Hernandez: Go ahead. Commissioner Gort: Mr. Chair, just a point of clarification. There was never a formal motion to make Commissioner Teele as Vice Chair. So, if you would do a motion on that and I can do that in a resolution. Commissioner Plummer: I thought that was a prerogative of the Mayor. Chairman Hernandez: The Mayor appointed him Vice Chairman. Commissioner Plummer: That's a prerogative of the Mayor. Commissioner Teele: If you yield to the Clerk, no. If you yield to the Clerk, Mr. Chairman. Chairman Hernandez: Mr. Foeman. Mr. Walter J. Foeman (City Clerk): No, I had requested of the City Attorney's office to go ahead and formalize that. Because, there is a Mayor... Commissioner Teele: It was already moved and seconded. Mr. Foeman: I am sorry. We never formalized, Commissioner Teele's appointment. Commissioner Plummer: Why do we need to? Chairman Hernandez: Is there a motion on the floor to appoint... Commissioner Regalado: Motion. Motion. Commissioner Plummer: I mean, I have no problem with it, but I... Commissioner Gort: Move it. Mr. Foeman: I think the Law Department should address that. Chairman Hernandez: Moved by Commissioner Regalado. Seconded by Commissioner Gort and Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? We have a new Vice Chairman. 241 December 18, 1997 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-919 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING MAYOR XAVIER L. SUAREZ' APPOINTMENT OF COMMISSIONER ARTHUR E. TEELE, JR., AS VICE CHAIRMAN OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, thank you very much. And, colleagues I really appreciate it. But, this is an example. If you pull the transcript of the first meeting... , Chairman Hernandez: Yeah. Commissioner Teele: ... there was a motion and a second. It was recommended by Chairman Hernandez. It was moved by Commissioner Plummer and I think it was seconded by Commissioner Gort. And, that's the problem that we're having here on the legislative things because things are happening so fast and we are not tracking it. Chairman Hernandez: I appointed you. Commissioner Teele: You appointed. And, someone said it needed to be by a motion. Commissioner Plummer, did. 242 December 18, 1997 0 .0 ------------------------------------- -------------------------------------- ------------------------------------- 76. DIRECT ADMINISTRATION TO PLACE ON AGENDA FOR DECEMBER 30, 1997 ISSUE REGARDING POLICY FOR WAIVER OF FEES FOR SPECIAL EVENTS AND PARADES -- FURTHER DIRECT ADMINISTRATION TO RETURN WITH A POLICY THAT CAN BE APPLIED TO DIFFERENT TYPES OF SPECIAL EVENTS. Commissioner Hernandez: Going back to the regular Commission agenda, there is one item which is a continuation from the last meeting, which is an emergency situation right now. Going back to the discussion we had on waiver of fees of different parades and demonstrations and what have you, and the difference between the demonstration and a parade. There are two in my opinion, two and realistically, three very important for morale reasons and good feeling reasons that we have in the City of Miami. One is the Orange Bowl Parade, another one is the Martin Luther King Parade and the third one is the Three Kings Parade. The Three Kings Parade is coming up prior to our next Commission meeting of January the 13th. I, brought it... wanted to bring forward, there was discussion, there was discussion with the Vice Chairman Teele on the floor on setting policy on who we should waive in the future fees. Consider waiving fees and which events we shouldn't at all waive any fees. This is one that I have tried to pursue and actually support. I think it's extremely important for the Little Havana area, for the Hispanic community and realistically for the entire City of Miami, as well as the Martin Luther King Parade. This parade comes up before our next meeting of January 13th; I believe it's in the first week of the New Year. We are looking at, there is a complimentary copy that I passed by to each Commissioner. Total amount estimated in services and fees is thirty-seven thousand dollars ($37,000) for this parade. I don't know if you want to discuss policy. If we just want to try to convince the Oversight Board that this is something this community and this Commission strongly backs, and I bring that two issues on the floor. Commissioner Gort: Mr. Vice Chairman. Commissioner Hernandez: Commissioner Gort. Commissioner Gort: If you are working on the amendments to the five-year plan, I think we need to make a decision today and instruct the... If it's the wish of this Commission and you have to recall, one of the reasons we stopped doing that, because it came out to one point five million dollars ($1,500,000) that we were doing in supporting all kinds of different activities. If this board decides to do three of them, which represent our entire ethnic community, that's fine. But, I think we intend to instruct it now, so it can be part of the budget and it can be a part of the five-year plan. The reason being, whatever we approve here today, you have a got a lot of worthy causes that will come in front of us, requesting for funding. So, that is a decision that I believe we should be taking it, today. Commissioner Hernandez: The big... Before, I... Commissioner Gort: The policy... Commissioner Hernandez: ... yield to Commissioner Plummer, Commissioner Gort. The... And, I agree with what you are saying. The big difference and we are talking about these three big parades. The big difference is the Orange Bowl Parade, it's obviously a very big parade. It's very costly, but at the same time, they have big sponsors in comparison to the other two minor parades which are Martin Luther King and the Three Kings. But, we must discuss this. I think we have to make some kind of decision today, and Commissioner Plummer. 243 December 18, 1997 Commissioner Plummer: No, my only question is, is once you open the door, that's the problem. And, you know, you are not going to draw the line... I love my colleague who draws lines in the sand. It's... They are good lines until high tide. Regalado. You know, it's... I am just... Look, everybody wants to be politically in with the Three Kings. Everybody politically wants to be in with the Martin Luther King. But, how do you say no, to Jose Marti Parade? How do you say no, to the Sun Street Festival? How do you say no, to the Haitian group that are here? How do you say no, to this one when you have said, and you have opened up the door? Now, you know, we've got to lay it on the line, and that line might not be politically favorable, but we have got to make a decision, which I thought we had made. And, for one year, we pretty well stuck to it. Now, you know, I... Let me tell you where I guess I really have a problem, is on this coming Monday, OK. I sit as your delegate to the TDC (Tourist Development Council). And, that is where this money should be coming from. That's the bed tax. This is forfestivals, this is for tourism. And, there is no question to me, that this is tourist related activity. Mr. Chairman, I just think that we have got to come up with a policy if we are going to change the policy because the policy has been hard and fast. And, there were no, absolutely no funding for the past 12 months. Commissioner Regalado: Mr. Chairman, if I may? Commissioner Hernandez: Commissioner Regalado. Commissioner Regalado: I think that Commissioner Plummer is correct in which we have to make a decision. And, I think that he is also right in saying well, about the Jose Marti Parade. This is a parade for children and this is a parade that is going to cost the City a lot. I remember that last year, Demetrio Perez sought my help and we just couldn't help it. So, Willy... And, I remembered that Commissioner Gort and 1, we paid from our pockets some parade that wasn't approved. Now, the Chairman was talking about the Orange Bowl Parade that has a sponsor, and he is correct. Especially, the Three Kings Parade have a lot of sponsors. As a matter of fact, if an elected official wants to ride in a convertible, he or she has to pay five hundred dollars ($500). Is that correct? Commissioner Hernandez: It's up to one thousand now. Commissioner Regalado: Up to one thousand dollars now ($1,000). Commissioner Plummer: Not me, I ride on the fire truck. Commissioner Regalado: So, I will not be, I will not be riding, maybe I will be walking, but I don't have the one thousand dollars ($1,000). Commissioner Plummer: You can get on the truck with me. Commissioner Hernandez: Actually, the difference is, that if you are on a City vehicle it's free of charge. But, if you get on one of their vehicles, it's one thousand dollars ($1,000). Commissioner Regalado: All right. But, you know, what I am saying is that, you know, I know that they have a lot of expenses but they have a lot of sponsors. And, I am not sure if we should open the door, because if we do it, we have to do it for everybody. Commissioner Plummer: Well, and you know, let's admit reality. The minute you open that door to parades, you are going to open that same door to festivals. And, how do you say no, to a festival which is a basic parade kind of an atmosphere? Commissioner Hernandez: Commissioner Plummer, let's see if I can win you over on this? I need to go. Can we put this on the budget, for the upcoming budgetthat's to be revised and 244 December 18, 1997 studied on December the 30th? We can place it on that one and then if we shoot it down and we decide that the policy is, we are not going to waive any fees, then so be it. Is that all right? Commissioner Plummer: I have no problem, but you know what you have got to do, answer me a question which I have never... I wanted to ask. Things you wanted to know, but never asked the question. If we do something here, and the Oversight Board denies it, what happens? Do we get boiled in oil? Do we get shipped out of town? Mr. Frank K. Rollason (City Manager): Well... Commissioner Gort: You have to replace the money, if you are don't pay it out. Commissioner Plummer: No, no. I am asking the question. What happens? Mr. Rollason: Well, we'll finance the pre -boil at that moment on the... Commissioner Plummer: That's called parboiled. Mr. Rollason: Well, OK. Well, we're right there. On the issue of the last thing, on the first thing that we waived just recently dealing with the luncheon at the Coconut Grove Convention Center. They are aware of that, they made us aware at the meeting that we are in violation and they want the backup to that to come to them so that they can review it and pass judgment. Commissioner Plummer: Well, listen. Mr. Rollason: But, all -these things are... All these things do go to the Oversight Board. We need a policy. Commissioner Plummer: But what happens, what happens if we approve this today and they come back and say no? Mr. Rollason: Then it's no. Mr. A. Quinn Jones, III, Esq. (City Attorney): Then it's no. Commissioner Plummer: But, we have already spent the money. Commissioner Hernandez: Yeah, the parade already went by and... Mr. Rollason: I understand. We are in violation. What action they would take when we were to do the annual... Commissioner Plummer: And, you are telling me that we can do that violation and we are going to find out our punishment afterwards. I'm asking. Mr. Rollason: You are exactly right. In other words, you know, if this... we explain the situation of why we did the Christmas thing like it was. I think it was a sympathetic ear, the decision that we took, but it does still said, it's in violation, it should have been here ahead of time. And, this one is ahead .of time. If you pass this, we will do the cover paperwork, we will shoot it over to the Oversight Board for their review, and say, here is one ahead of time, the Commission has made this decision and you say yeah or nay. Commissioner Plummer: OK, I will only go one step beyond that and say that in this particular case because of the time frame, that that could be considered. But, we have got to establish... 245 December 18, 1997 0 You know, as we did in this Coconut Grove Festival Committee. Only one activity a month where they were going to establish three parades or four parades, or two parades. If we don't, we are going to be just absolutely wild like we were before. Commissioner Hernandez: I think that's a must. That's a must. So, we are going to put it preliminarily on the budget and then that will give them time to say yes or no, or what have you. Commissioner Plummer: Yeah. That's fine. Commissioner Hernandez: OK. Commissioner Gort: At the same time, since you are drafting the plan right now, you want that policy. I think that maybe staff can come back with some kind of policy that can be placed for three different types of events. Mr. Rollason: That might be a good idea... Commissioner Gort: And, it should be... And, that should be part, that should be part... Mr. Rollason: Because then we are going with the plan and with the policy. Commissioner Gort: You are going with the plan and with the policy and it shouldn't be more than "X" amount of money and that's it. Commissioner Hernandez: Definitely. Mr. Rollason: And, I think the other issue is, is we are going to put it in the modified budget that we will, you know, bring to adopt. We will reflect these within the proper departments that we are going to pull this money from and that it is very clear, there is not a magic pot somewhere, this money has to come from some place. Commissioner Gort: It could be budgeted. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 77. SCHEDULE DISCUSSION REGARDING PROPOSED FIRE ASSESSMENT FEE FOR SPECIAL COMMISSION MEETING OF DECEMBER 30, 1997. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: Mr. Chairman, I would ask for a clarification because I am going away confused and I want to ask this question. Mr. Manager, I have the distinct feeling that the fire fee is going to fail, OK. I have got that distinct feeling. Now, I hope that I am not talking between the lines. But, Mr. Chairman, is it possible Mr. City Attorney that that question could be raised today? Because, if in fact that fire fee fails, our meeting on the 30th is going to be blown completely out of 'the water. We have already negated and are not collecting garbage fees, correct? What I found out was, the one I just recently paid was retrospective back to July. So, I, I... To leave here today without some indication to the management that yes, we are going to vote for a fire fee or we are not going to vote for a fire fee has got to be known to them. Mr. Jones: Well, Commissioner, I am confused now because the Commission has already indicated that it's going to... that's part of the plan now that's been submitted to the Oversight Board. So, I think... 246 December 18, 1997 Commissioner Regalado: J. L., three of us in this table did vote for the fire fee. Commissioner Plummer: And, you still have the feeling? Commissioner Gort: Well... Commissioner Plummer: OK, OK. Commissioner Gort: I am just telling you that three of us... Commissioner Plummer: Fine, fine. Commissioner Gort: No, three, he didn't vote. Commissioner Plummer: And then, what I am understanding is, is that's what's going to prevail on the 30th, OK? Now, because remember again, Mr. Manager, the Mayor has indicated that he is going to eliminate the fire fee. Mr. Jones: But, again, he can't... Commissioner Plummer: And, this board, can overrule him, I understand that. Mr. Jones: Yeah. Commissioner Plummer: All right. But, you know, I have been boiled in oil because I guess I've got more condominiums in my district than any other district. And, let me tell you something my friend, the people on Brickell Avenue are livid. They are filing a lawsuit. They just collected in PAC (Political Action Committee) money forty thousand dollars ($40,000). You were there. And, I got to hell out before you spoke because they were going to boil you in oil. Mr. Rollason: Well, I survived. Commissioner Plummer: Well, you maybe survived, but did the fire fee survive? All I am saying... Mr. Rollason: We have not had submitted to us any change from the Mayor to take that fire fee out of the five-year plan. Commissioner Plummer: But, you got to know that. Mr. Rollason: The change we got involved the garbage fee. We have removed that and in a conversation I had with the Mayor just this morning, I walked away with an understanding that that fire fee was in there. Commissioner Plummer: OK, OK. But, I can tell you, just for the record, that these condominiums from Wainwright to the river, are filing a lawsuit to stop the fire fee. Absolutely, they have got forty thousand dollars ($40,000) in a PAC fund that... Well, whatever, it will last. I just want this Commission to know, that of all the Condominium Associations that I have been to the meetings, Buddy, that was first and foremost that you are charging me a fire fee and we never had a garbage fee to be eliminated because we pay private. So, just be aware. 247 December 18, 1997 0 , 0 Commissioner Hernandez: OK, before we hear a motion to adjourn, on behalf of the Mayor and the Commissioners of the City of Miami, I want to wish everyone Merry Christmas and we will see each other back here on December the 30th. Thank you, very much. Commissioner Gort: Mr. Chairman, if I have just a question. I am a little concerned because we have a drop dead date on December the 30th. We have to talk about the five-year plan and the fire fee. Mr. Manager, you are going to work in the fire fee, all the... both plans as we said that you would. My concern is one that is in the mind of most of the residents of Miami. Are you going to be here throughout the next week as a City Manager? Mr. Rollason: I am not sure that I am supposed to be here right now. With the opinion that that City Attorney has made there are questions in my mind of the viability of me even sitting in a Commission meeting. So, I don't know if it's the Commission's pleasure to address that, but I certainly got some concerns now that I have received the opinion just this morning, sitting here in the chair that I am in. That's obviously one of the sovereign powers that the Manager is supposed to have and obviously is one of the powers that I do not have. Commissioner Plummer: Well... Commissioner Gort: Well, maybe we can address that on the 30th. Commissioner Plummer: On the 30th, yes. Yes, you don't have to worry about sitting again until. Commissioner Hernandez: We have a motion to adjourn. DISCUSSION - NO ACTION TAKEN ---------------------- m BRIEF COMMENTS REGARDING FEE WAIVER FOR ANNUAL HAITIAN INDEPENDENCE DAY PARADE. ---------------------------------------------------------------------------------------------------------------- Mr. Juste: Mr. Chairman. What about the Haitian Parade? We were here this morning, we work with Mr. Castenada, - the representative about Metro -Dade and I hope that, at least the City heard about because... [inaudible] Chairman Hernandez: Sir, sir. You have to get on the mike. We've... Mr. Juste: OK, I will, I will, I will. Again, good... Commissioner Hernandez: Sir, when is your parade? Mr. Juste: The Haitian... Commissioner Hernandez: Yes. Mr. Juste: ...Independence Day Parade. Commissioner Hernandez: The what? Mr. Juste: The Haitian Independence Day... 248 December 18, 1997 • Commissioner Hernandez: No, no. I know that, I know that. When is the parade? Mr. Juste: When? Commissioner Hernandez: What date? Mr. Juste: January 1st. Commissioner Hernandez: January 1st. Mr. Juste: Yeah. But, we have to make arrangements so we will know what we are doing. And... Commissioner Hernandez: Well, it's very simple. You put it on the agenda on the 30th, we decide what we are going to do, you could it on to the Oversight Board. Mr. Juste: Well, no. Excuse me, Mr. Mayor. As a citizen... Commissioner Hernandez: Sir, let me explain to you what the problem is. It's very simple. The Oversight Board has to approve all this. Whatever we want to do here, doesn't matter. They are going to have to approve it. Put it for the 30th along with Three Kings Parade, along with the Martin Luther King Parade, and then we will make a decision at that point. We will know what the Oversight Board feels. Right, the Orange Bowl isn't going to here anymore. Do I have a motion to adjourn? Mr. Juste: And, we DISCUSSION - NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------- 79. REAFFIRM PREVIOUS CITY COMMISSION ACTIONS PER MOTION 97- 918 REGARDING ACTIONS OF COMMUNITY REDEVELOPMENT AGENCY BOARD --- DIRECT CITY MANAGER TO SUBMIT BEFORE DECEMBER 22, 1997 AMENDED APPLICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -- FOR FUNDING AVAILABILITY AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES, -- SEE LABELS 71, 73, 74. Vice Chairman Teele: Mr. Chairman. Commissioner Hernandez: Yes. Vice Chairman Teele: Mr. Chairman, the attorney has just said that the motion made by Commission Gort to approve the minutes of the CRA (Community Redevelopment Agency) is not legally sufficient... Commissioner Gort: You have to do it one by one. Vice Chairman Teele: ... to approve the two resolutions. 249 December 18, 1997 Commissioner Gort: One by one. Commissioner Hernandez: OK. Vice Chairman Teele: And, that the City Commission must approve those resolutions. So, I would move that the City Commission ratify and adopt the actions of the CRA Board relating the Homeownership application zone to be submitted by December 22nd, based upon a decision to be made by the Manager. Commissioner Hernandez: There is a motion on the floor by Vice Chairman Teele. Second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Hernandez: All those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-920 A MOTION REAFFIRMING PREVIOUS ACTIONS OF THE CITY COMMISSION PER MOTION NO. 97-918, REGARDING RATIFICATION AND ADOPTION OF THE ACTIONS OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD RELATING TO A DIRECTION TO THE MANAGER REGARDING SUBMITTAL OF AN AMENDED APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") IN RESPONSE TO NOTICE OF FUNDING AVAILABILITY ("NOFA") AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES, TO BE SUBMITTED ON OR BEFORE DECEMBER 22, 1997, SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND THE MAYOR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 250 December 18, 1997 ---------------------------------------------------------------------------------------------------------------- 80. REAFFIRM PREVIOUS ACTIONS OF THE CITY COMMISSION PER MOTION 97-918 REGARDING ADOPTION OF ACTIONS OF COMMUNITY REDEVELOPMENT AGENCY BOARD TO INCORPORATE N.W. 9TH STREET MALL PHASES I AND II PROJECT INTO THE PLAN. -- SEE LABELS 72, 73, 74. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Teele: And, secondly I would move that the Commission ratify the decision to move the 9th Street Mall improvements into the master plan. Commissioner Plummer: Second. Chairman Hernandez: We have a motion by Vice Chairman Teele, a second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All' those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-921 A MOTION REAFFIRMING PREVIOUS ACTIONS OF THE CITY COMMISSION PER M 97-918, REGARDING RATIFICATION AND ADOPTION OF THE ACTIONS OF THE CRA BOARD RELATING TO INCORPORATING THE NORTHWEST 9TH STREET MALL PHASES I AND II PROJECT ("PROJECT") INTO THE PLAN. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Vice Chairman Teele: The CDBG (Community Development Block Grant) motions were made in the Commission and not in the CRA (Community Redevelopment. Agency). Commissioner Gort: Right. Chairman Hernandez: Correct. 251 December 18, 1997 ---------------------------------------------------------------------------------------------------------------- 81. COMMENTS BY COMMISSIONER PLUMMER REGARDING FIRING OF ELLIE HAYDOCK, ADMINISTRATOR OF COCONUT GROVE NET PROGRAM. Chairman Hernandez: OK; motion to. adjourn, please. Commissioner Plummer: Mr. Chairman, before you adjourn. Chairman Hernandez: Yes, Commissioner Plummer. Commissioner Plummer: And, I don't mean to put you on the stop, but I guess I have to. I read in this morning's paper in reference to a NET (Neighborhood Enhancement Teams) Administrator. And, I read your comments that you would be upset if a NET Administrator in your district was moved without you being involved. To that extent. Chairman Hernandez: Right. Commissioner Plummer: OK. I am going to just put on the record that in my district it's already been done without my concurrence, contrary to the remarks I made about the administrator and I don't like it. Just putting it on the record that I gave that administrator glowing terms in my opinion of the work that she did. I don't mind saying it on the record, Ellie Haydock did one hell of a good job for this City and I expressed that opinion and she was still terminated. So, I just want to put it on the record that that was in my district, they consulted me, they listened and then they fired and did what they wanted to do. So, I am putting it on the record. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: I did not read the statement that you reportedly made, I don't know if you made it or didn't make it. But, I would respectfully urge you not to comment on that at this time because I don't believe saying a NET Administrator is a good administrator for the purpose of keeping them there or saying they are a bad administrator for the purpose of removing them is contemplated under the Charter. Chairman Hernandez: Absolutely. Vice Chairman Teele: I think both are equally actionable by the State's Attorney office and I would respectfully urge you... Chairman Hernandez: Absolutely. Vice Chairman Teele: ... not to say anything. Commissioner Plummer: That's it. Chairman Hernandez: OK, motion to adjourn. Moved, second. 252 December 18, 1997 ®r- END OF DISCUSSION -- NO ACTION TAKEN THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:18 P.M. COMMISSIONER HUMBERTO HERNANDEZ PRESIDING OFFICER/CHAIRMAN ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK * INCORf'`ORATED * 253 December 18, 1997