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HomeMy WebLinkAboutCC 1997-12-09 Minutesfit' CITY OF OF MMING HELD ON DECEMBER 9, 19987 REGULAR" 73 MIAM PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL WALTER J . FOEWI CITY CLERK INDEX MINUTES OF REGULAR MEETING December 9, 1997 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1. (A) COMMISSIONER TEELE INFORMS THE M 97-850 2-12 PUBLIC ABOUT NEED TO CONVENE AND R 97-851 RECESS REGULARLY SCHEDULED M 97-852 COMMISSION MEETING IN ORDER TO HOLD 12/9/97 ATTORNEY - CLIENT EXECUTIVE SESSION IN CONNECTION WITH THE POTTINGER CASE. (B) RECESS REGULAR CITY COMMISSION MEETING TO HOLD ATTORNEY -CLIENT SESSION IN CONNECTION WITH THE POTTINGER CASE, NO. 88-2406. (C) PRESENTATIONS KEY TO THE CITY TO THE HONORABLE ENRIQUE JOSE BOLANOS GEYER - VICE PRESIDENT OF NICARAGUA. (D) ACCEPT RECOMMENDATIONS FROM LEGAL COUNSEL TO ENTER INTO SETTLEMENT AGREEMENT WITH CLASS ACTION LAWSUIT BROUGHT BY THE AMERICAN CIVIL , LIBERTIES UNION (POTTINGER) ET AL CASE NO. 88-2406-CIV- ATKINS, WITH CONDITIONS THAT INCLUDE A POLICE PROTOCOL IN DEALINGS WITH HOMELESS AND A TRUST FUND IN CONNECTION WITH DADE COUNTY COMMUNITY FOUNDATION -- CITY ATTORNEY ADVISES THAT DOCUMENTS RELATED TO SAID CASE ARE NOT PUBLIC RECORD. (E) INSTRUCT CITY MANAGER / CITY ATTORNEY AND SPECIAL COUNSEL TO SEEK INDEMNIFICATION AND FULL REIMBURSEMENT OF COSTS OF POTTINGER LAWSUIT FROM MIAMI-DADE COUNTY PURSUANT TO EXISTING ORDINANCE. (F) COMMISSIONER HERNANDEZ ANNOUNCES THAT MAYOR SUAREZ WILL PRESIDE THE CITY COMMISSION FOR APPROXIMATELY ONE HOUR. 2. BRIEFLY DISCUSS / TABLE CONSIDERATION DISCUSSION 12-13 OF CONSENT AGENDA TO LATER IN 12/9/97 SESSION. (A) MAYOR SUAREZ REPORTS TO COMMISSION ON HIS%RECENT'TRIPS TO NEW YORK CITY AND TALLAHASSEE. (B) MAYOR REQUESTS OF THE CITY ATTORNEY TO RETAIN THE LAW FIRM OF McDERMOTT, WILL AND EMERY AS SPECIAL COUNSEL. (C) MAYOR SUAREZ INTRODUCES BOND COUNSEL FIRM OF HAWKINS, DELAFIELD AND WOOD AS CITY'S BOND COUNSEL IN PRESENTING CITY'S IMAGE TO FINANCIAL MARKETS, RATING AGENCIES AND POTENTIAL INVESTORS IN THE CITY'S DEBT. (D) MAYOR SUAREZ PROPOSES A MID - FISCAL YEAR BUDGET REGARDING REDUCTION OF EXPENDITURES AND COST SAVINGS. (E) COMMENTS REGARDING LAW FIRM OF TEW AND BEASLEY, WHO INITIATED LAWSUIT AGAINST DELOITTE AND TOUCHE ON BEHALF OF THE CITY, AND SUGGESTED CHANGES WITH REGARD TO REMUNERATION AS CONTAINED IN THE AGREEMENT WITH SAID LAW FIRM. (F) MAYOR SUAREZ MAKES A REQUEST OF JOE REBAK, REPRESENTATIVE OF FLEMING COMPANIES, TO ASSIST CITY IN OBTAINING FOOD FOR NEEDY RESIDENTS DURING THE HOLIDAY SEASON. (G) MAYOR SUAREZ REQUESTS OF THE CITY COMMISSION TO PROVIDE INPUT PRIOR TO THE 10=DAY WINDOW FOR EXERCISING MAYOR VETO AS IT RELATES TO THE POTTINGER SETTLEMENT. (H) DISCUSSION REGARDING COMMISSION COMMITTEE CHAIRMANSHIPS. (I) MAYOR SUAREZ PLEDGES TO RAISE $50,000 FOR DOWNTOWN MIAMI HOLIDAY LIGHTING PROJECT. 4. CONSENT AGENDA 4.1. APPROVE PURCHASE OF.TRUCK AND OVERHAULS FROM FLORIDA DETROIT DIESEL-ALLISON, INC / RELIABLE REPAIRS / PITTS ENGINE TRANSMISSION -- FOR GENERAL SERVICES ADMINISTRATION AND FIRE-RECCUE -- ALLOCATE $551000 FROM ACCTS 509000.420901.6.670 AND 001000.280701.6.670. 1 • DISCUSSION 14-24 12/9/97 DISCUSSION 24-27 12/9/97 R 97-853 28 12/9/97 4.2. APPROVE PURCHASE OF UNIFORM R 97-854 28 BREECHES -- FROM ARGO UNIFORMCO. / 12/9/97 DBA GOLD NUGGET -- FOR POLICE -- ALLOCATE $10,847.50 FROM ACCT 001000.290201.6.075. 4.3. AUTHORIZE $75,000 TO FUND LAW R 97-855 29 ENFORCEMENT TRAINING TRUST FUND -- 12/9/97 FROM PROJECT 690003 -- DIRECT ADMINISTRATION TO ANSWER QUESTIONS REGARDING LAW ENFORCEMENT TRUST FUND ADMINISTRATION. 4.4. ACCEPT BID: PHOENIX WORLDWIDE R 97-856 29 INDUSTRIES -- FOR PROVISION OF 12/9/97 MAINTENANCE AND STORAGE FOR SIS PLATFORM VEHICLE -- FOR POLICE -- ALLOCATE $8,100 FROM ACCT 001000.290201.6.670 4.5. ACCEPT BID: AT&T LANGUAGE LINE R 97-857 30 SERVICES -- FOR LANGUAGE LINE 12/9/97 TRANSLATION SERVICES -- FOR POLICE AND FIRE RESCUE -- ALLOCATE $50,000 FROM E911 BUDGET CODE 196002.290461.6.340. 4.6. AUTHORIZE ACQUISITION OF R 97-858 30 MICROCOMPUTERS / RELATED NETWORK 12/9/97 PRODUCTS / SOFTWARE AND SERVICES -- FOR FIRE -RESCUE -- ALLOCATE $200,000 FROM CIP PROJECT 313232. 4.7. APPROVE INCREASE IN CONTRACT WITH R 97-859 31 KNOWLES ANIMAL CLINIC -- FOR 12/9/97 VETERINARY SERVICES FOR POLICE K-9 UNIT -- ALLOCATE $30,800 FROM ACCT 001000.290201.6.260. 4.8. AUTHORIZE INCREASE NOT TO EXCEED R 97-860 31 $8,300 WITH PROFESSIONAL WELDING INC 12/9/97 FROM $37,200 TO $45,500 -- FOR ADDITIONAL INSTALLATION OF DOUBLE ENTRANCE AND ROLLING GATES -- ALLOCATE $45,5000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROJECT 331385, JOSE MARTI PARK IMPROVEMENTS. 4.9. ACCEPT BID: GREATER MIAMI CATERERS, R 97-861 32 INC -- FOR FOOD FOR DAYCARE AND 12/9/97 PRESCHOOL PROGRAMS -- OF PARKS AND RECREATION -- ALLOCATE $115,253.80 FROM ACCT 580201-710. • • 4.10. AUTHORIZE FUNDING FOR ANNUAL R 97-862 CONFERENCE OF HISPANIC AMERICAN 12/9/97 POLICE COMMAND OFFICERS ASSOCIATION -- ALLOCATE $10,000 FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 4.11. CLASSIFY BAUSCH & LOMB COMPARISON R 97-863 MICROSCOPE AS SURPLUS STOCK -- FOR 12/9/97 DONATION TO MIAMI-DADE COUNTY POLICE DEPARTMENT -- EFFECTIVE BETWEEN DECEMBER 9, 1997 AND DECEMBER 9, 1998. 4.12. AUTHORIZE CITY MANAGER TO EXECUTE R 97-864 INDIVIDUAL CONTRACTUAL AGREEMENTS 12/9/97 WITH COMMUNITY HOUSING DEVELOPMENTS ORGANIZATIONS -- FOR AFFORDABLE HOUSING UNITS IN LITTLE HAVANA AND OVERTOWN NEIGHBORHOODS -- ALLOCATE $1,439,150. FROM STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FROM PROJECT ACCTS 153001-452160-946 AND 153002- 452160-946. 4.13. ACCEPT PLAT: M. SPECTOR. 4.14. DESIGNATE RIVERSIDE RIVERFRONT REDEVLOPMENT PROJECT AS CATEGORY B -- FOR PURPOSES OF ACQUIRING PROFESSIONAL PLANNING AND DESIGN SERVICES IN ENGINEERING AND LANDSCAPE ARCHITECTURE -- APPOINT CERTIFICATION COMMITTEE. 4.15. DESIGNATE VIRRICK COMMUNITY WATER SPORTS CENTER PROJECT (PHASE II) AS CATEGORY B -- ALSO KNOWN AS FORMER U.S. COAST GUARD AIR STATION FACILITY -- FOR PURPOSES OF ACQUIRING PROFESSIONAL PLANNING AND DESIGN SERVICES IN ENGINEERING AND LANDSCAPE ARCHITECTURE -- APPOINT CERTIFICATION COMMITTEE. 4.16. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH URBAN RESOURCE GROUP -- A DIVISION OF KIMLEY-HORN AND ASSOCIATES, INC -- FOR PROFESSIONAL PLANNING AND DESIGN SERVICES -- FOR PREPARATION OF VENETIAN CAUSEWAY MASTER PLAN -- ALLOCATE $65,000 FROM CIP PROJECT 341173, VENETIAN CAUSEWAY IMPROVEMENTS. 32 33 33 R 97-865 34 12/9/97 R 97-866 34 12/9/97 R 97-867 12/9/97 R 97-868 12/9/97 35 35-36 0 DISCUSS CITY MANAGER'S DECISION REGARDING TENURE. OF POLICE CHIEF DONALD WARSHAW -- DISCUSS NEED OF COMMISSION TO MEET TO REVIEW PROPOSED REVISIONS TO FIVE YEAR FINANCIAL PLAN BEFORE SUBMITTING SAID PLAN TO THE OVERSIGHT BOARD -- FURTHER SCHEDULE HEARING FOR POLICE CHIEF BEFORE CITY COMMISSION ON THAT DATE IF NEED BE. RATIFY / APPROVE / CONFIRM CITY MANAGER'S DETERMINATION TO ACQUIRE COMPUTER HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SEVICES FROM UNYSIS CORPORATION WITHOUT COMPETITIVE BIDDING -- FOR TWO YEARS -- ALLOCATE $780,000 FROM ACCT 001000.460101.6.670 AND CIP PROJECT 311015. DISCUSSION 12/9/97 R 97-869 12/9/97 7. PERSONAL APPEARANCE: STEPHANIE B. M 97-870 MAYS (ORANGE BOWL COMMITTEE) - 12/9/97 APPROVE REQUEST TO DEFER PAYMENT FOR POLICE SERVICES AT 1997 ORANGE BOWL'S PARADE. 8. GRANT WAIVER OF NOISE ORDINANCE AND R 97-871 TIME LIMITATION WITH CONDITIONS FOR 12/9/97 20TH CENTURY FOX FILMING "THERE IS SOMETHING ABOUT MARY." 9. DISCUSS / DEFER PERSONAL APPEARANCE M 97-872 OF CAMILLE MERILUS REGARDING 194TH 12/9/97 INDEPENDENCE OF HAITI PARADE -- FURTHER DISCUSS NEED TO DEVELOP POLICY FOR EXCEPTIONS TO FEE WAIVERS. -- SEE LABEL 14. 10. FIRST READING ORDINANCE: AMEND ORDINANCE SECTION 1 OF ORDINANCE 11337 CAPITAL FIRST IMPROVEMENTS APPROPRIATIONS -- READING INCREASE BY $676,010. APPROPRIATIONS 12/9/97 TO CAPITAL . IMPROVEMENT PROJECT 312010 "POLICE MOBIL DIGITAL TERMINAL REFINEMENT". 36-55 57-58 58-59 59-63 0 • 11. ACCEPT GRANT OF $100,000 FROM U.S. R 97-873 66-69 ENVIRONMENTAL PROTECTION AGENCY 12/9/97 TO CONTINUE REGIONAL BROWNFIELDS DEMONSTRATION PILOT PROJECT WITHIN ENTERPRISE COMMUNITY -- PROVIDE COMMISSIONERS WITH DATA REGARDING INDIVIDUALS INVOLVED IN THE PROJECT'S OPERATION COMMENTS REPROPOSED CEMENT PLANT IN WYNWOOD --FURTHER DIRECT CITY MANAGER TO MEET WITH COMMISSIONER TEELE CONCERNING BROWNFIELDS PROJECT. 12. AUTHORIZE MANAGER TO ACCEPT R 97-874 69-70 BROWNFIELDS REDEVELOPMENT GRANT 12/9/97 OF $500,000 FROM STATE OFFICE . OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT -- FOR REMOVAL OF ENVIRONMENTAL OBSTACLES WITHIN ENTERPRISE COMMUNITY. 13. FIRST READING ORDINANCE: ESTABLISH ORDINANCE 71-72 SPECIAL REVENUE FUND "STATE OF FIRST FLORIDA BROWNFIELDS REDEVELOPMENT READING PROJECT GRANT" -- APPROPRIATE $500,000 12/9/97 GRANT FROM STATE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT. 14. PERSONAL APPEARANCE: VITER JUSTE -- DISCUSSION 72-73 DIRECT CITY MANAGER TO STUDY 12/9/97 REQUEST FOR ASSISTANCE WITH ORGANIZERS OF HAITI'S ANNUAL INDEPENDENCE DAY PARADE -- FURTHER DETERMINE IF FEES' ARE OWED FROM PREVIOUS YEAR'S EVENT. -- SEE LABEL 9. 15. AUTHORIZE CITY MANAGER TO SUBMIT R 97-875 74-75 APPLICATIONS FOR AND ACCEPT GRANT 12/9/97 AWARDS TO MIAMI-DADE COUNTY FOR SAFE NEIGHBORHOOD PARKS BOND PROGRAM. 16. (A) EMERGENCY ORDINANCE: AMEND ORDINANCE 75-76 CAPITAL IMPROVEMENTS ORDINANCE 11579 11337 -- CONTINUE / REVISE / ESTABLISH 12/9/97 CAPITAL IMPROVEMENT PROJECTS. (B) COMMENTS REGARDING ST. HUGH OAKS ESCROW FUNDS TO BE ALLOCATED TO BAYFRONT PARK. 17. RATIFY / APPROVE / CONFIRM CITY R 97-876 77-78 MANAGER'S EMERGENCY FINDING -- WAIVE 12/9/97 SEALED BIDS -- APPROVE EMERGENCY PURCHASE OF DUMPSTER CONTAINERS FOR SOLID WASTEFROM EXISTING COUNTY CONTRACT -- ALLOCATE $20,000 FROM ACCT 422001.320302.6,850. C7 Is 18. APPROVE PAYMENT TO . UNYSIS CORPORATION -- FOR PAST DUE INVOICES FOR COMPUTER HARDWARE, SOFTWARE AND SUPPORT SERVICES (UNISYS CORPORATION) UNDER EXISTING STATE CONTRACT -- ALLOCATE $195,000 FROM CIP PROJECT 311015. 19. DISCUSS NEED TO CLEAN-UP / BEAUTIFY GATEWAYS UNDER EXPRESSWAYS DOWNTOWN -- REQUEST ADMINISTRATION TO WORK WITH OMNI ADVISORY BOARD AND NEIGHBORS TO IMPROVE AREA NEAR OMNI -- FURTHER COMMENTS REGARDING IMPACT OF ABANDONED UNITS BEHIND N.E. 4 COURT AND BISCAYNE BOULEVARD AND NEED TO DISCUSS WITH STAFF EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 20. APPROVE ANNUAL SALARY / BENEFITS / PENSION FOR MAYOR SUAREZ --PRESENT BUDGET AMENDMENT IN FEBRUARY OR MARCH 1998 CONSOLIDATING BUDGET OF OFFICES OF THE MAYOR AND CITY MANAGER -- FURTHER REQUEST ADMINISTRATION TO RESEARCH REINSTATING LIFE INSURANCE BENEFIT FOR ELECTED OFFICIALS. -- SEE LABEL 24. R 97-877 12/9/97 M 97-878 12/9/97 R 97-879 12/9/97 21. APPOINT DR. ORLANDO SILVA TO SERVE R 97-880 AS MEMBER OF HEALTH FACILITIES 12/9/97 AUTHORITY BOARD. 22. APPOINT RALPH PACKINGHAM TO SERVE R 97-881 ON MIAMI BAYSIDE MINORITY 12/9/97 FOUNDATION. 78-80 80-87 87-97 99-100 23. (A) SCHEDULE FOR CITY COMMISSION R 97-882 100-115 MEETING OF JANUARY 13, 1998 ALL R 97-883 BOARDS' APPOINTMENTS -- INCLUDING M 97-884 DISCUSSION TO INCREASE MEMBERS OF M 97-885 MIAMI SPORTS AND EXHIBITION M 97-886 AUTHORITY BOARD. 12/9/97 (B) APPOINT ORLANDO GARCIA, JR. TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD. (C) APPOINT RALPH ARZA TO SERVE ON INTERNATIONAL TRADE BOARD. . (D) APPOINT AMANCIO SUAREZ, JR. TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY EFFECTIVE WITH NEW BOARD -- DIRECTION TO PREPARE LEGAL OPINION REGARDING WHETHER ACTIONS TAKEN AT LAST MIAMI SPORTS AND EXHIBITION AUTHORITY MEETING WERE LEGAL. (E) APPOINT AL HOUSTON EX-OFFICIO TO MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD. (F) APPOINT MAYOR SUAREZ AS CHAIRMAN OF MIAMI SPORTS AND EXHIBITION AUTHORITY. (G) DIRECT ADMINISTRATION TO SCHEDULE FOR NEXT MEETING CONSIDERATION OF DISBANDING OR KEEPING INTERENATIONAL TRADE BOARD. 24. CONTINUED / CLARIFY COMMISSION'S DISCUSSION 115-116 INTENT CONCERNING USE OF 12/9/97 COMPETITIVE BIDDING TO OBTAIN LIFE INSURANCE POLICY FOR ELECTED OFFICIALS. -- SEE LABEL 20. 25. DISCUSSION REGARDING TERMS AND DISCUSSION 116-117 TENURE OF BOARD MEMBERS. 12/9/97 26. DISCUSS MONTHLY REPORT ON STATUS M 97-887 117-121 OF CABLE TV FRANCHISE -- INSTRUCT CITY 12/9/97 MANAGER TO 'EXTEND MIAMI- TELECOMMUNICATIONS, INC (TCI) DEADLINE TO SUBMIT RENEWAL PROPOSAL FOR CABLE TELEVISION SERVICES -- FURTHER REQUEST ADMINISTRATION TO UPDATE CITY CODE WITH NEW FEDERAL REGULATIONS BY MARCH, 1998 AND TO ISSUE REQUEST FOR PROPOSALS FOR CABLE TELEVISION SERVICES IN MIAMI. 0 27. DISCUSS TERMS / CONDITIONS OF M 97-888 121-130 AGREEMENT FOR LEASE OF CITY 12/9/97 PROPERTY AT 1000 S. MIAMI AVENUE (FIREHOUSE IV RESTURANT) -- DISCUSS TRANSFER FROM CARLOS ALAMILLA AND ASSOCIATES TO GUS VIDAURRETA -- FURTHER SCHEDULE PROPOSED CONTRACT FOR COMMISSION REVIEW FOR MEETING OF JANUARY 13, 1998. 28. DIS'CUSS PROPOSED COCONUT GROVE DISCUSSION 131-132 VISITORS INFORMATION CENTER AT 12/9/97 PEACOCK PARK BY CHAMBER OF COMMERCE -- FURTHER INSTRUCT CITY STAFF TO ASSIST WITH DEVELOPMENT OF SAID CENTER WHENEVER POSSIBLE. 29. APPOINT CARY MONTERO TO SERVE AS R 97-889 133 MEMBERSHIP OF BOARD OF TRUSTEES OF 12/9/97 GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (GESE PENSION). 30. APPOINT HECTOR SERRANO TO SERVE ON R 97-890 134-135 BOARD OF TRUSTEES OF GENERAL 12/9/97 EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. 31. (A) COMMISSIONER TEELE REQUESTS DISCUSSION FROM THE CITY . MANAGER A 12/9/97 MEMORANDUM REPORTING ON THE OUTCOME OF THE MEETINGS OF THE NEW YORK TRIP RELATING TO CITY FINANCES. (B) DISCUSS STATUS OF CITY FINANCIAL ADVISOR AND THE CITY'S BOND RATINGS AND FINANCIAL OUTLOOK. (C) DISCUSS NEED FOR PROPOSED LEGISLATIVE BUDGET OFFICER AND INTERNAL AUDITOR. (D) DISCUSS NEED FOR POSSIBLE EXTENSION FROM OVERSIGHT BOARD FOR COMMISSIONERS TO REVIEW AND APPROVE PROPOSED REVISIONS TO FIVE- YEAR FINANCIAL PLAN (E) DISCUSS CITY COMMISSION DIRECTION REGARDING FY'98 ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM / HOME FUNDS / SHIP FUNDS / HOPWA FUNDS -- DISCUSS PRIOR EXPENDITURE OF CDBG FUNDS AND FUTURE FEDERAL FUNDING REDUCTIONS -- REQUIRE CITY MANAGER AND CITY ATTORNEY TO PROVIDE WRITTEN RECOMMENDATIONS AND LEGAL SUFFERING JUSTIFICATION OF ALL MATTERS RELATED TO GRANTS / LOANS / EXPENDITURES / PRIOR TO FINAL COMMISSION ACTION -- FURTHER DIRECT THAT SOCIAL PROGRAM AGENCIES BE INFORMED OF POTENTIAL FUNDING CUTS (F) DISCUSS NEED FOR PARKING UNDER I- 95 BETWEEN 8TH AND 7TH STREETS AS WELL AS CLEAN-UP OF POLICE DEPARTMENT VEHICLE IMPOUNDMENT LOT. 32. COMMISSION REQUESTS A 45-DAY M 97-891 EXTENSION FROM STATE FINANCIAL 12/9/97 OVERSIGHT BOARD IN ORDER TO.REVIEW PROPOSED CHANGES TO FIVE-YEAR FINANCIAL PLAN. 33. AUTHORIZE $100,000 TO COCONUT GROVE R 97-892 PLAYHOUSE -- FOR PLAY FOR IN -SCHOOL 12/9/97 TOURING PROGRAM -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. 34. (A) TEMPORARILY WAIVE BY FOUR -FIFTHS M 97-893 VOTE CODE LIMITATION ON POCKET ITEMS 12/9/97 PER COMMISSIONER. (B) AUTHORIZE FUNDING OF BOYS & GIRLS CLUB OF MIAMI, INC. -- ALLOCATE $100,000 FROM LAW ENFORCEMENT TRUST FUND PROJECTS 690001 / 690002 / 690003. 136-142 142-143 144-145 145-147 35. AUTHORIZE CITY. MANAGER TO AMEND R 97-895 147-148 LEASE AGREEMENT WITH GOLDEN SANDS 12/9/97 ALLAPATAH CORPORATION FOR LEASING OF OFFICE SPACE FOR CITY JOB'S PROGRAM AT NATIONS BANK BUILDING, 1313 N.W. 36 STREET -- PURSUANT TO R 97- 760. 36. APPROVE EASTWARD HO! BRONWFIELDS R 97-896 148-151 PARTNERSHIP REDEVELOPMENT 12/9/97 AGREEMENT UNDER USEDSITES IN SOUTH FLORIDA - 3 COUNTIES PARTNERSHIP -- TO PURSUE SHOWCASE COMMUNITIES AWARD FOR FEDERAL ASSISTANCE -- REHABILITATION OF CONTAMINATED, ABANDONED BUILDINGS. 37. AUTHORIZE FUNDING NON-VIOLANCE R 97-897 151-152 PROJECT -- ALLOCATE $75,000 FROM LAW 12/9/97 ENFORCEMENT TRUST FUND PROJECT 690001 / 690002 / 690003. 38. EXPRESS CITY COMMISSION SUPPORT R 97-898 153-154 FOR FLORIDA INSURANCE 12/9/97 COMMISSIONER'S PROPOSED HOMEOWNERS' RELIEF ACT -- INFORM CITY LOBBYISTS AND MIAMI-DADE COUNTY DELEGATION OF COMMISSION'S SUPPORT. 39. AUTHORIZE CITY MANAGER TO EXPEND R 97-899 154-155 $25,000 OF COMMUNITY DEVELOPMENT 12/9/97 BLOCK GRANT PROGRAM INCOME TO BE USED BY SOUTHEAST / OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) TO ASSIST MT. ZION COMMUNITY BASED DEVELOPMENT ORGANIZATION AND BAME COMMUNITY DEVELOPMENT CORPORATION IN PREPARING REVISED HOME FEDERAL GRANT (HUS) APPLICATIONS. 40. DIRECT CITY MANAGER TO AMEND CITY R 97-900 156-158 HOMEOWNERSHIP ZONE GRANT 12/9/97 APPLICATION TO USHUD -- FOR INCREASE OF GRANT REQUEST / EMPHASIS ON SINGLE FAMILY OWNERSHIP IN OVERTOWN -- FURTHER DIRECT MANAGER TO SUBMIT AMENDMENT ON OR BEFORE DECEMBER 22, 1997 -- CRA AS CO - APPLICANT. 41. INCREASE FEE CAP BY $39,000 FOR BOND R 97-901 158-160 COUNSEL (HAWKINS, DELAFIELD & WOOD) 12/9/97 THROUGH JANUARY, 1998 -- FURTHER REQUEST RECOMMENDATION ON WHETHER TO CONTINUE WITH CURRENT BOND COUNSEL FIRM. • 42. REQUEST MAYOR AND FINANCE COMMITTE M 97-902 160-163 CHAIRMAN TO PROVIDE FORMAL 12/9/97 AGREEMENT ON PRUDENTIAL COMPANY PRO BONO FINANCIAL ADVISORS, BY FEBRUARY, 1998. 43. (A) EXECUTE AGREEMENT FOR R 97-903 163-165 LEGISLATIVE CONSULTATION (LOBBY) 12/9/97 SERVICES IN TALLAHASSEE WITH RUDEN, MCCLOSKY, SMITH, SCHUSTER AND RUSSELL -- $118,000. (B) COMMENTS REGARDING RELEASE OF CURRENT CONTRACT BY HOLLAND & KNIGHT LAW FIRM. 44. AUTHORIZE ADMINISTRATION TO PROCEED R 97-904 165-166 . WITH $4,000,000 HUD GRANT APPLICATION. 12/9/97 45. AMEND CHAPTER 2, ARTICLE II, SECTION 2- ORDINANCE 167-168 32 OF CODE, "ADMINISTRATION / CITY 11580 COMMISSION / TIME AND PLACE OF 12/9/97 MEETING" -- CHANGE REGULAR MEETINGS CONVENING TIME FROM 9:00 A.M TO 10:00 A.M. 46. DIRECT CITY MANAGER TO WAIVE USER R 97-905 168-171 FEES -- FOR CHRISTMAS LUNCHEON AT 12/9/97 COCONUT GROVE CONVENTION CENTER -- FOR ELDERLY GROUP (LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS). 47. APPROVE OFFICIAL VACATION AND R 97-906 172-173 CLOSURE OF PUBLIC RIGHT-OF-WAY -- 12/9/97 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. 48. FIRST READING ORDINANCE: AMEND ORDINANCE 173-175 ORDINANCE 10544 FROM SINGLE FAMILY FIRST RESIDENTIAL TO RESTRICTED READING COMMERCIAL -- CHANGE FUTURE LAND 12/9/97 USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2272 S.W. 7 STREET -- APPLICANT: HECTOR AND MARIA LEONOR MORALES-GEORGE. 49. FIRST READING ORDINANCE: AMEND ORDINANCE 175-176 ORDINANCE 11000 FROM R-1 SINGLE FIRST FAMILY RESIDENTIAL AND SD-12 BUFFER READING OVERLAY DISTRICT TO C-1 RESTRICTED 12/9/97 COMMERCIAL TO CHANGE ZONING ATLAS -- LOCATION: 2272 S.W. 7 STREET -- APPLICANT: HECTOR AND MARIA LEONOR MORALES-GEORGE. 50. FIRST READING ORDINANCE: AMEND ORDINANCE 176-177 ORDINANCE 10544 FROM DUPLEX FIRST RESIDENTIAL TO GENERAL COMMERCIAL READING TO CHANGE FUTURE LAND USE ELEMENT 12/9/97 OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 2301 N.W. 12 AVENUE, 1170, 1182 AND 1192 N.W. 24 STREET -- APPLICANT: TRUJILLO AND SONS, INC. 51. FIRST READING ORDINANCE: AMEND ORDINANCE 177-178 ORDINANCE 11000 FROM R-2 TWO-FAMILY FIRST RESIDENTIAL AND SD-12 BUFFER OVERLAY READING DISTRICT TO C-2 LIBERAL COMMERCIAL TO 12/9/97 CHANGE ZONING ATLAS -- LOCATION:2301 N.W. 12 AVENUE, 1170, 1182 AND 1192 N.W. 24 STREET -- APPLICANT: TRUJILLO AND SONS, INC. 52. ACCEPT PLAT: NORTHWESTERN R 97-907 179-180 ESTATES -- FOR STREET CLOSURE -- 12/9/97 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. 53. FIRST READING ORDINANCE: AMEND ORDINANCE 181 ORDINANCE 10544 FROM RESTRICTED FIRST COMMERCIAL TO GENERAL COMMERCIAL READING TO CHANGE FUTURE LAND USE ELEMENT 12/9/97 OF COMPREHENSIVE NEIGHBORHOOD PLAN -- LOCATION: 3625 N.E. 2 AVENUE -- APPLICANT: PLANNING AND DEVELOPMENT. 54. FIRST READING ORDINANCE: AMEND ORDINANCE 182 ORDINANCE 11.000 FROM PR -PARKS AND FIRST RECREATION TO SD-8 DESIGN PLAZA READING COMMERCIAL -RESIDENTIAL TO CHANGE 12/9/97 ZONING ATLAS -- LOCATION 3625 N.E. 2 AVENUE -- APPLICANT: DEVELOPMENT, BUILDING AND ZONING. 55. CONTINUE CONSIDERATION OF AGENDA M 97-908 ITEM PZ8 (PROPOSED FIRST READING 12/9/97 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. 183 56. FIRST READING ORDINANCE: AMEND ORDINANCE 184-185 ARTICLE 6 OF ZONING ORDINANCE 11000 FIRST TEXT, SECTION 602.4.1.1 -- PERMIT SALES / READING DISPLAY / SERVICE ACTIVITIES TO 12/9/97 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. 57. INSTRUCT CITY MANAGER TO ALLOW M 97-909 186-187 BAYFRONT PARK MANAGEMENT TRUST TO 12/9/97 USE VACANT OFFICE SPACE ADJACENT TO LASER TOWER IN BAYFRONT PARK -- FOR PLACEMENT OF NONPROFIT ORGANIZATION. 58. (A) RECESS DECEMBER 9, 1997 DISCUSSION 187-189 COMMISSION MEETING TO DECEMBER 18, 12/9/97 1997 AT 10 A.M. (B) BRIEF COMMENTS ON POSSIBLE NEED TO PURCHASE POLICE DOGS. 59. COMMENTS REGARDING PROPOSED DISCUSSION 189-190 CHANGES BY MAYOR SUAREZ TO FIVE 12/9/97 YEAR FINANCIAL PLAN. 60. (A) COMMENTS BY COMMISSIONER TEELE R 97-910 190-210 REGARDING (C.R.A.) COMMUNITY 12/18/97 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. 0 0 61. DISCUSS PROPOSED MODIFICATIONS TO DISCUSSION FIRE ASSESSMENT FEE -- DIRECT 12/18/97 ADMINISTRATION TO PREPARE PROPOSED - ORDINANCES BY MAYOR SUAREZ AND PREVIOUSLY DISCUSSED ORDINANCES FOR SCHEDULED COMMISSION MEETING OF DECEMBER 30, 1997 -- FURTHER DIRECT ADMINISTRATION TO ADDRESS BUDGETARU IMPACT OF PROPOSED FIRE FEE. 62. BRIEF DISCUSSION REGARDING DISCUSSION APPOINTMENT OF FRANK ROLLASON AS 12/18/97 INTERIM CITY MANAGER ON DECEMBER 12, 1997. 63. 5 - YEAR PLAN CLARIFICATION -- MANAGER DISCUSSION / COMMISSION LIAISON DISCUSSED. 12/18/97 64. STATUS OF CITY MANAGER AS INTERIM. DISCUSSION 12/18/97 65. PROFESSIONAL FINANCIAL CONSULTANT R 97-911 ASSISTANCE RELATED TO 5 YEAR PLAN: 12/18/97 ROBERT NACHLINGER AGREEMENT ($40,000). 66. ACKNOWLEDGE TIME FRAME ESTABLISHED R 97-912 IN INTERGOVERNMENTAL COOPERATION 12/18/97 AGREEMENT BETWEEN STATE OF FLORIDA / CITY OF MIAMI / FINANCIAL OVERSIGHT BOARD -- FOR ACCEPTANCE OR REJECTION OF PROPOSED FIVE YEAR FINANCIAL PLAN. 67. AFFIRM REQUEST OF OVERSIGHT BOARD R 97-913 LIAISON FOR CONSTITUTIONAL OFFICER 12/18/97 OF MIAMI-DADE COUNTY PROVIDE CONSULTING TECHNICAL SUPPORT SERVICES - PRO BONO - TO CITY'S OFFICE OF CITY CLERK. 211-218 218-219 219-220 220 220-222 222-223 223-225 68. (A) APPOINT CHAIRMAN HUMBERTO R 97-914 HERNANDEZ AS LIAISON WITH MIAMI-DADE R 97-915 COUNTY REGARDING DISCUSSIONS / R 97-915.1 NEGOTIATIONS WITH MICHAEL POTTINGER, 12/18/97 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. 69. (A) WAIVE ATTORNEY -CLIENT PRIVILEGE R 97-916 WITH RESPECT TO DELOITTE & TOUCHE 12/18/97 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). 70. AUTHORIZE CITY MANAGER TO EXTEND R 97-917 DEADLINE FOR COMMUNITY 12/18/97 DEVELOPMENT BLOCK GRANT (CDBG)PROPOSALS SUBMITTAL TO JANUARY 12, 1998. 71. DIRECT CITY MANAGER - TO SUBMIT SEOPW/CRA/ BEFORE DECEMBER 22, 1997 AMENDED R 97-10 APPLICATION TO US DEPARTMENT OF 12/18/97 HOUSING AND URBAN DEVELOPMENT (HUD)-- FOR FUNDING AVAILABILITY AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES. 72. AMEND SOUTHEAST OVERTOWN/PARK SEOPW/CRA WEST REDEVELOPMENT PLAN -- M 97-11 INCORPORATE N.W. 9TH STREET MALL, 12/18/97 PHASES I AND II. 73. EXPEND $15,000 FROM OVERTOWN SEOPW/CRA/ NEIGHBORHOOD PARTNERSHIP (ONP) R 97-12 FUND -- FOR IMPLEMENTATION OF SEVEN 12/18/97 DAY CULTURAL EMPOWERMENT PROGRAM -- FURTHER AUTHORIZE 50% REIMBURSEMENT TO CITY TO COVER CITY COSTS. 225-229 230-232 233-235 235-237 237-238 238-239 0 • 74. APPROVE COMMUNITY. REDEVELOPMENT M 97-918 240 AGENCY BOARD ACTIONS FOR SOUTHEAST 12/18/97 OVERTOWN / PARK WEST -- SEE LABELS 72, 73, 74. 75. APPOINT ARTHUR E. TEELE VICE R 97-919 241*-242 CHAIRMAN OF CITY COMMISSION. 12/18/97 76. DIRECT ADMINISTRATION TO PLACE ON DISCUSSION 243-246 AGENDA FOR DECEMBER 30, 1997 12/18/97 COMMISSION SPECIAL MEETING ISSUE REGARDING SETTING 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 OIF SPECIAL EVENTS. 77. SCHEDULE DISCUSSION REGARDING DISCUSSION 246-248 PROPOSED FIRE ASSESSMENT FEE FOR 12/18/97 SPECIAL COMMISSION MEETING OF DECEMBER 30, 1997. 78. BRIEF COMMENTS REGARDING FEE DISCUSSION 248-249 WAIVER FOR ANNUAL HAITIAN 12/18/97 INDEPENDENCE DAY PARADE. 79. REAFFIRM PREVIOUS CITY COMMISSION M 97-920 249-250 ACTIONS PER MOTION 97-918 REGARDING 12/18/97 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. 80. REAFFIRM PREVIOUS ACTIONS OF THE M 97-921 251 CITY COMMISSION PER MOTION 97-918 1.2/18/97 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. 81. COMMENTS BY COMMISSIONER PLUMMER DISCUSSION 252-253 REGARDING FIRING OF ELLIE HAYDOCK, 12/18/97 ADMINISTRATOR OF COCONUT GROVE NET PROGRAM. MINUTES OF REGULAR 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 9:21 a.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: Commissioner Wifredo Gort (District 1) Commissioner J.L. Plummer, Jr. (District 2) Chairman Humberto Hernandez (District 3) Commissioner Tomas Regalado (District 4) commissioner Arthur V-. Teele, Jr. (District -q) Alberto Ruder, City Manager A. Quinn Jones, III, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk 1 December 9, 1997 E 0 -- ------------------------------------------------------------------------------------------------------------- 1. (A) COMMISSIONER TEELE INFORMS THE PUBLIC ABOUT NEED TO CONVENE AND RECESS REGULARLY SCHEDULED COMMISSION MEETING IN ORDER TO HOLD- ATTORNEY - CLIENT EXECUTIVE SESSION IN CONNECTION WITH THE POTTINGER CASE. (B) RECESS REGULAR CITY COMMISSION MEETING TO HOLD ATTORNEY -CLIENT SESSION IN CONNECTION WITH THE POTTINGER CASE, NO. 88-2406. (C) PRESENTATIONS KEY TO THE CITY TO THE HONORABLE ENRIQUE JOSE BOLANOS GEYER - VICE PRESIDENT OF NICARAGUA. (D) ACCEPT RECOMMENDATIONS FROM LEGAL COUNSEL TO ENTER INTO SETTLEMENT AGREEMENT WITH CLASS ACTION LAWSUIT BROUGHT BY THE AMERICAN CIVIL LIBERTIES UNION (POTTINGER) ET AL CASE NO. 88-2406-CIV-ATKINS, WITH CONDITIONS THAT INCLUDE A POLICE PROTOCOL IN DEALINGS WITH HOMELESS AND A TRUST FUND IN CONNECTION WITH DADE COUNTY COMMUNITY FOUNDATION -- CITY ATTORNEY ADVISES THAT DOCUMENTS RELATED TO SAID CASE ARE NOT PUBLIC RECORD. (E) INSTRUCT CITY MANAGER / CITY ATTORNEY AND SPECIAL COUNSEL TO SEEK INDEMNIFICATION AND FULL, REIMBURSEMENT OF COSTS OF P©` TINCER LAWSUIT FROM MIAMI-DADE COUNTY PURSUANT TO EXISTING ORDINANCE. (F) COMMISSIONER HERNANDEZ ANNOUNCES THAT MAYOR SUAREZ WILL PRESIDE THE CITY COMMISSION FOR APPROXIMATELY ONE HOUR. Commissioner Teele: (9:16 a.m., prior to meeting) Ladies and gentlemen, let me explain very briefly... Let me explain very briefly what we're going to be doing this morning. As soon as we have the Chairman, the real Chairman, Mr. ... Commissioner Hernandez, we will have an invocation, pledge and prayer. We'll call the roll, and then we will vote as to whether or not to recess and go into an executive session, as we previously announced last week. The executive session is, pursuant to State law, to discuss litigation matters. That meeting will last approximately 30 minutes. And then once that meeting is over, the executive session, we will come back to the chamber, and we will have a regular meeting. So for planning purposes, we will get started in earnest around ten o'clock. We'll start as soon as the Chairman comes down, or sends word down as to whether he'd like for us to go through the formality, and we'll have a brief meeting to call the meeting to order, to have an invocation, to call the roll, and then to recess, to go into executive session. I just thought you should know what the program is. It was announced last week. So please relax, and sit tight, and... or sit loose, and we'll be back at about ten o'clock to start the first part of the meeting. But there will be a roll call as soon as the Chairman comes down. Thank you very much. NOTE FOR THE RECORD: Chairman Hernandez enters the Commission Chamber at 9:17 a.m. 2 December 9, 1997 Chairman Hernandez: Good morning, everyone. We're going to be doing the invocation and the pledge of allegiance. Commissioner Plummer is going to lead us in the invocation this' morning. NOTE FOR THE RECORD; At this point, an invocation was delivered by Commissioner Plummer who then led those present in a pledge of allegiance to the flag. Commissioner Plummer:. (Inaudible) adjourning till ten a.m. Chairman Hernandez: Prior to going into a recess, I need to announce that we will be meeting, having an executive meeting, closed door meeting, it's closed to the public, in reference to the case of Michael Pottinger, Peter Carter and Barry Young versus the City of Miami, to discuss a settlement agreement. The people in attendance will be the City Commissioners, myself as Chairman, the City Attorney, and' special counsel for the City of Miami. We'll be back in approximately 30 minutes. Commissioner Teele: Second the motion. (INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD) A. Quinn Jones, III, Esq. (City Attorney): That's correct. Commissioner Plummer: Thank you, sir. Commissioner Teele: Second the motion, Mr. Chairman, by the... Chairman Hernandez: We have a motion by Commissioner Plummer, a second by Commissioner Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: It's a motion to recess. Chairman Hernandez: It's to recess, correct, motion to recess. Thank you. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-850 A MOTION TO RECESS THE REGULAR CITY COMMISSION MEETING ON THIS DATE UNTIL 10 A.M. IN ORDER FOR THE CITY COMMISSION TO HAVE AN ATTORNEY/CLIENT SESSION, CLOSED TO THE PUBLIC, IN CONNECTION WITH PENDING LITIGATION IN POTTINGER COURT CASE NO. 88-2406, APPEALS PENDING, UNITED STATES COURT OF APPEALS FOR ELEVENTH CIRCUIT CASE NO. 91-5316, 92-5145 AND 95-4555. 3 December 9, 1997 Upon being seconded by Commissioner Tells; 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. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 9:22 A.M. AND RECONVENED AT 11:02 A.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. NOTE FOR THE RECORD: By memorandum from City Manager Alberto Ruder, items A-9, 11, and 17 were withdrawn. Chairman Hernandez: Could we have some quiet, please. Before we start today's Commission meeting, we're waiting. We need to close a meeting that we had this morning and take a vote on that meeting. But before we do that, we have a very special person here today, which is the Vice President of Nicaragua, Mr. Enrique Bolanos. And we're presently waiting for the mayor of the City of Miami, which will be presenting a key to the City of Miami to the Vice President of Nicaragua. I think we should welcome him with some applause. Mr. Enrique Bolanos, Vice President of Nicaragua, and his wife, who is presently here with him, too. (APPLAUSE) Mayor Suarez: Ladies and gentlemen, "senoras y senores," I had planned to come at eleven a.m. this morning, and there's a memorandum that's going to be submitted to my Chairman. Is the Vice Chairman here, by the way? Thank you, sir. And it has to do with substantive issues that we must handle for about an hour, if it's OK with the Chairman and the. Commission, reporting on New York, on some other very interesting matters, on bond counsel that is here for the City, et cetera. But we have the distinct pleasure of welcoming a dignitary. We've had a couple of Presidents here in the past, but this is just about as close as you can get. "Pensaba a las once por una hora presidir la comision con el permiso del que preside la comision nuestro presidente de la camara de nuestra junta de comisionados, el Senor Humberto Hernandez, y de su Vice Presidents de este consejo municipal, el Senor Arthur Teele. Pero me honro por este primer minutos y esta primera sesion de la comision que tengo la oportunidad de asistir antes de entrar en los puntos de sustancia que tenemos que tocar porque quiero reportar sobre mi viaje de Nuevo York, y to bien que nos han recibido, y to bien que nos van a clasificar, de presentarles a ustedes el ingeniero Enrique Bolanos. Yo le dije que you soy ingeniero mecanico, y el es ingeniero industrial, que es un poquito mas dificil que ingeniero mecanico, y su senora, y darle..." We're going to get to that in a second. Please, ma'am, you are out of order. Somebody explain to her she's out of order. Please, ma'am, I'm going to do it in English in a second, please. "Un regalo muy especial de los ciudadanos de Miami." Ladies and gentlemen, I am pleased to have as my first ceremony... and Mr. Chairman, and Mr. Vice Chairman and Commissioners, would you join 4 December 9, 1997 me in giving to the Vice President of Nicaragua, "Nuestro querido amigo," our great friend - he's an engineer, by the way, an industrial engineer. I told him that that was a little harder than mechanical engineering - the keys to the City and to our hearts. "Las llaves de la ciudad y de nuestro corazones al Vice Presidente de Nicaragua." (APPLAUSE) Mayor Suarez: I asked him... "Y la primera... la segunda dama, me imagino, de Nicaragua, entonces, su senora que estamos... tenemos la distincion de tenerla en este dia, su senora." (APPLAUSE) Mayor Suarez: Lila. I asked the Vice President if he wanted to say something, and he said, "Of course." "Le pregunte al Vice Presidente si quiera decir algo, y como buen politico, dijo, 'Si, claro que si."' And I'm sorry, ma'am. What we'll do is translate it simultaneously. Mr. Manager, are you up to the task? If not, why don't you do this, Mr. Vice President, and I'll translate simultaneously. Vice President Enrique Jose Bolanos (Vice President, Nicaragua): Oh, that's all right, I can do it in English. (APPLAUSE) Commissioner Plummer: Will somebody translate for the Mayor into Spanish? Ha -ha-ha. Vice President Bolanos: "Puedo hacerlo en espanol." I can do it in English, or we can do it... I'll translate myself. Anyhow, I welcome and I thank the City of Miami and its great Mayor, Xavier Suarez, for all the welcoming every time I come to Miami, and especially giving the keys to the City, which I accept as a recognition of the new struggle we have in Nicaragua, in the pursuit of liberty. Also, to get democracy and freedom in Cuba. (APPLAUSE) Vice President Bolanos: "Le agradezco el alcalde, Xavier Suarez..." Is it Juarez or Suarez? Suarez. Mayor Suarez: "En ingles, dijo gran alcalde." Vice President Bolanos: "Gran alcalde," yeah. The "gran alcalde, por la bienvenida que siempre nos dan o me dan a mi, a mi senora, y el Presidente Aleman, y los Nicaraguenses que venimos a Miami. Y to acepto... acepto esta llave como reconocimiento de la lucha que nosotros llevamos a cabo desde Nicaragua, en la busqueda de la libertad y la democracia en Cuba, desde todos los organismos internacionales nuevamente, Nicaragua esta llevando ya como lider de esa lucha por la liberation de Cuba. En nombre de eso, acepto esta llave." Thank you. (APPLAUSE) (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Chairman Hernandez: Before he does, we've got to close our executive meeting and take a vote, and he'll be on... Unidentified Speaker: No, no, I think it's just for me. If there's no more presentations, I'm out of here. 5 December 9, 1997 Chairman Hernandez: Good morning; once again, and welcome to this City of Miami Commission meeting. As I told you earlier in the in we had an executive meeting, and we had that meeting, and we now need to close that executive meeting. But prior to closing the executive meeting, there is some discussion on what was entertained upstairs, and how we are going to vote on the record. Do we have any motions? Do we have any discussion at this point in time? Commissioner Plummer: Mr. Chairman. Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: I am in accord with most of the agreement. Yet, there are provisions in that which is referred to as police protocol, of which... A. Quinn Jones, III, Esq. (City Attorney): Excuse me, Mr. Plummer and Mr. Chair, just before I cut you off. I would hope that we not discuss the fine points and the details of the settlement, because that negates the whole purpose of having executive session. If, in fact, you want these or the public is to know what the provisions are, certainly, at the end of the litigation, they have to be revealed. So I only ask that you make generalities and not specifics, and if you're going to vote on it, with the limitations and the conditions that were noted in executive session, I think that's what your vote should be. Chairman Hernandez: A point well taken. Commissioner Plummer: Mr. Chairman, I am not going to sit here and be bound in a negative vote without the public knowing why I am going to vote negative. (APPLAUSE) Commissioner Plummer: Predicated on the advice of the City Attorney - and I respect that - I'll ask this matter to be deferred until such time as this City Commission has the right to demonstrate why we are for or against an issue. And as far as I'm concerned, I'm not ready to vote unless I can explain my vote. Commissioner Gort: Mr. Chairman, Mr. Chairman. Commissioner Teele: Mr. Chairman. Chairman Hernandez: OK, hold on. Commissioner Teele, please. Commissioner Teele: Mr. Chairman, may I recommend that in the roll call proceedings that every Commissioner be afforded the opporunity to make a... to explain their vote? Would that be acceptable, Commissioner Plummer? Commissioner Plummer: Mr. Teele, whether I explain it now or during the roll call, I want the opportunity to tell the public of this City the reason why I am voting negative on this proposed settlement. I've said it upstairs, and I think I have that right to say it here, because there are portions of that settlement that, in my estimation, are absolutely wrong, and I have that right to say so. Commissioner Gort: Mr. Chairman. Chairman Hernandez: Commissioner Gort. 6 December 9, 1997 Commissioner Gort: Before we go on', should we explain what we are talking about so the... because I think the people in the public... Chairman Hernandez: Well... Commissioner Gort: ... they perceive that we're talking about something different. Chairman Hernandez: OK. Well, Commissioner Gort, we did explain what the executive meeting was at nine in the morning. And just to rephrase or refresh what was stated in the morning, this is dealing with the homeless case, Pottinger versus the City of Miami, and that's what we were discussing. That was what the executive meeting was about, to discuss the settlement agreement. Commissioner Teele: Mr. Chairman. Chairman Hernandez: Mr. Teele... Commissioner Teele. I'm sorry. Commissioner Teele: Would the Chair entertain a motion... Chairman Hernandez: I will entertain a motion. Commissioner Teele: ... and allow Commissioner Plummer at a time before a final vote is recorded to explain his vote? Chairman Hernandez: Go ahead with the motion. Commissioner Teele: Mr. Chairman, I would move... Is the... is Mr. Coffey present? Chairman Hernandez:. Kendall Coffey? Mr. Jones: Mr. Vice Chair, I think he had to leave. He had another matter to attend. Commissioner Teele: I would move that the City accept the recommendations of counsel to move forward with a settlement under the following conditions: Number one, that a trust fund be established in connection with the Dade Community Foundation for the purposes of receiving and disbursing funds associated with a non -cash settlement relating to the plaintiffs. And number two, that the attorney's fees by the opposing counsel be paid over a three fiscal year basis without interest, in deference to the City's financial cash posture. And unless the latter recommendation is accepted, that the matter would return to this Commission for a review. Commissioner Gort: Second the motion. Chairman Hernandez: We have a motion by Commissioner Teele, a second by Commissioner Gort. All those in favor, say "aye." Commissioner Plummer: Whoa, whoa, whoa. Commissioner Teele: Mr. Chairman, I would ask for an independent roll call vote. Chairman Hernandez: Independent roll call. Independent roll call. Let's call the roll call, Mr. Foeman. 7 December 9, 1997 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-851 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO A SETTLEMENT AGREEMENT IN THE CLASS ACTION LAWSUIT BROUGHT BY THE AMERICAN CIVIL LIBERTIES UNION ON BEHALF OF THE CLASS OF HOMELESS PERSONS REPRESENTED BY MICHAEL POTTINGER, ET AL., AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SUCH AMOUNTS TO SUCH PERSONS, AND AT SUCH TIMES AS IS CALLED FOR BY THE TERMS OF THE SETTLEMENT AGREEMENT, WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN THE UNITED STATES DISTRICT COURT, CASE NO. 88-2406-CIV-ATKINS, AND INCLUDING A POLICE PROTOCOL WHICH SHALL GUIDE THE CONDUCT OF POLICE OFFICERS IN THEIR FUTURE DEALINGS WITH HOMELESS PERSONS, AND OTHER MISCELLANEOUS PROVISIONS, WHICH UPON APPROVAL BY THE COURT SHALL ACT AS A RELEASE OF THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS OF ALL CLASS MEMBERS; ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 424401-661, WITH CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Commissioner Regalado: I'd first like to make a comment. The City of Miami has been burdened with the homeless situation for many years. And now, we have a possibility, a distant possibility of resolving this problem. I agree with Commissioner Teele that we need to modify some of this agreement. So although I am not very satisfied with the police protocol, I will vote yes. Commissioner Plummer: Mr. City Attorney, I'm going to go ahead. Mr. Jones: Go ahead. I've advised you. That's your prerogative, sir. Commissioner Plummer: Well, I don't know how else to do it, and I really want to be governed. But my problem is very simple. In the police protocol, it is, in effect, establishing a second class of people. You and I, as non -homeless, do certain things, you and I go to jail. Yet, in this settlement, the homeless are allowed to do certain things, and they don't go to jail, because 8 December 9, 1997 they're homeless. For example - and the most glowing example - they can go nude in a park, and not be arrested. They can use the parks as bathroom facilities, and not be arrested. They can be nude in front of children and not be arrested. If you and I are in the park after closing, which is sunset, you and I get arrested for trespassing. In this settlement, a homeless can be in the park and will not be arrested for entering the park. I will not sit here and vote, establishing a second class citizen. The rest of the accord, I am totally in favor with what other portions of the accord are, but as it relates to this, I cannot vote for it, so my vote is negative. (APPLAUSE) Commissioner Plummer: Mr. Chairman, if I may, also, I want to go on the record again. This matter is not going to go away. If this settlement is settled today, our problem is going to remain. And I now say to the Mayor of Dade County or else wise, unless the homeless, when incarcerated, .are taken out of the City of Miami, or the very next day they are released back onto 12th Avenue and 12th Street, we're going to continue to have this problem. Omni is going to have this problem, Allapattah is going to have this problem until something is done to correct that situation. We have estimates anywhere between six thousand or more or less, many numbers of homeless people in this community. I'm in favor of doing something, but I will not vote to allow a second class of citizenship. Thank you. (APPLAUSE) Commissioner Gort: I'm going to vote yes, but I'd like to explain the opposite, as my understanding from what J.L. has expressed here. I've worked on this for now a year and a half. My understanding is we've been under court order since 1984. Our police officers have not been able to do anything about it, what takes place. My understanding and my comprehension from the settlement which we've been working on for a long time... and the police have been in this, in the negotiations. The police and all our staff have been involved, and they all agree to do it. The reason being that right now, we are second class citizens, because right now, we can't even touch them. My understanding of this settlement is when we have somebody that gets in front of the kids nude, like J.L. has expressed, the police will have the right to take this individual, and take him in... not arrest him, but take him to a facility where maybe they'll be able to do something to this individual, and do... straighten him out, whatever his problem is. At least they'll be able to take him in and work. Right now, if we don't settle, they can continue to do whatever they want, and there's nothing we can do about it. The City of Miami has put together a comprehensive plan to deal with this problem. This is a big problem. It's not going to go away. But we have to do something about it. That's the reason why I'm voting yes. Chairman Hernandez: I've participated in several executive meetings discussing the matter at hand. I also am aware of this lawsuit dating back to the time when I was an Assistant City Attorney. I am also troubled with the issue that Commissoner Plummer has brought up. I mentioned that fact in our first executive meeting. Really, troubling me the most is the situation of possible violations of equal protection rights to the rest of the citizens of this community. I am concerned. I like what has been done, what has been put in paper reference the settlement agreement. I agree with Commissioner Teele's motion, and I think that's how we should handle it. At the present time, I am voting no, against this settlement agreement, as it is phrased, for the same reasons that Commissioner Plummer has stated on the record. (APPLAUSE) COMMENTS MADE FOLLOWING ROLL CALL: Commissioner Plummer: Mr. Chairman, if I may. 9 December 9, 1997 Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: Let my negative vote in no way cast aspersions on a very tine job done by the City Attorney's Office. They worked very hard and very diligently. Unfortunately, we happen to disagree. Second of all, if I may, I am told by the City Attorney that these documents are not public record. Mr. City Attorney, do you want to go on the record and state that these documents don't have to be returned, but they are not public record? Mr. Jones: There is... excuse me. Under the Florida Public Records Act, I would... they are... should I say there is an exemption for these particular documents, in that they contain litigation strategy, mental impressions and the like. So I'm sure if the public were to ask for them, I... you know, I would raise that exemption to permit... to withhold disclosure. Commissioner Teele: Mr. Chairman. Chairman Hernandez: Commissioner Teele. Commissioner Teele: A related motion. I would ask that the Commission take note of the fact that when the County passed the tax on food and beverage and on hotels and restaurants three years ago, it was purportedly to assume the lead responsibility and the financial responsibility of taking care of the homeless. While we have not discussed in any detail, there is, obviously, a financial implication to the citizens of the City of Miami. And more importantly, there is a budget implication for this City government. Further, three years ago - and Mr. Manager, correct me if I'm wrong - the City of Miami transferred to the Homeless Trust approximately three to four million dollars ($4,000,000) of Federal funds, pursuant to their responsibility to take over the homeless matter. Is that... Mr. Alberto Ruder (City Manager): Yes. I've been told that that's true. Commissioner Teele: It would seem to me that this Commission should further instruct the Manager, the Attorney, and the special counsel to immediately work with the Mayor of Dade County and the Homeless Trust to seek indemnification and reimbursement of all of the cost of this lawsuit, pursuant to the ordinance in which the County has assumed responsibility, and I would so move. I would also note, Commissioners, that the largest single contributor - over 40 percent of all of these funds - are paid by the citizens of the City of Miami, because those are taxes on hotels and restaurants in the City of Miami. The citizens of Miami should not have to pay twice for this solution. And I would move this motion or resolution in this spirit that the Manager, the Attorney and special counsel be instructed to negotiate with the Mayor and the Homeless Trust to seek indemnification and full reimbursement of all costs of this lawsuit. Commissioner Plummer: Second the motion. Chairman Hernandez: We have a motion. This is a continuation of your first motion, correct? We have a motion by Commissioner Teele, second by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote. 10 December 9, 1997 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-852 A MOTION TO INSTRUCT CITY MANAGER ALBERT RUDER, CITY ATTORNEY ALLEN QUINN JONES AND SPECIAL COUNSEL KENDALL COFFEY TO WORK WITH MIAMI MAYOR XAVIER SUAREZ AND THE HOMELESS TRUST TO SEEK INDEMNIFICATION AND REIMBURSEMENT FOR ALL OF THE COST ASSOCIATED WITH THE POTTINGER LAWSUIT FROM MIAMI-DADE COUNTY, PURSUANT TO THE COUNTY ORDINANCE PASSED THAT PLACED RESPONSIBILITY UPON THE COUNTY FOR SAME. 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. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. NOTE FOR THE RECORD: At this point, agenda items CA-9, CA-13, A-19, 11, 16,17 and 20 were withdrawn. Chairman Hernandez: I will now read for you, before we continue with our regular agenda, a memo passed on to me by the Mayor, dated December 9, 1997. "Please reserve the hour from eleven -fifteen a.m. to twelve fifteen p.m. of today's Commission meeting for a special report by myself on my visit to Tallahassee and New York, as well as other matters." The Mayor should be around. He was not going to be present right now when we took the vote on the executive meeting issue. So will somebody get the Mayor? He should be around. Commissioner Gort: Mr. Chairman, can we take up the consent items? Chairman Hernandez: Can we what? Commissioner Gort: Can we take up the consent items? Chairman Hernandez: You can take the consent items while they get him. Go ahead, Commissioner. Commissioner Gort: Mr. Chairman, I announced it in the morning, and I don't want to be disrespectful, but I have to leave at ten minutes to twelve, so that we know that. Chairman Hernandez: OK. 11 December 9, 1997 Commissioner Plummer: Would you inform the Mayor that he can talk as long as he wants, but we go to lunch at noon? Chairman Hernandez: OK. Before we go on to the consent agenda, while we're waiting for him, we need to approve the minutes of the Planning and Zoning meeting of September 23rd. Commissioner Plummer: So move. Commissioner Teele: Second. Chairman Hernandez: We have a motion by Commissioner Plummer, a second by Commissioner Teele. All those in favor, say "aye." The Commission (Collectively): Aye. - Chairman Hernandez: All those against? Unanimous vote in favor. NOTE FOR THE RECORD: On motion duly made by Commissioner Plummer and seconded by Commissioner Teele, the minutes of the Planning and Zoning Commission meeting of September 23, 1997 were unanimously approved by the Commission. --------------------------------------------- 7------------------------------------------------------------------ 2. BRIEFLY DISCUSS / TABLE CONSIDERATION OF CONSENT AGENDA TO LATER IN SESSION. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: We move on to the consent agenda. I want you to review the consent agenda. And we need to discuss, and I know it was a prior policy of the prior Administration, the amount of consent agenda items that are placed on the consent agenda. I don't know if the rest of the Commission has a problem with it, but I did realize in reviewing my agenda that there are certain issues placed on the consent agenda that I believe shouldn't be placed on the consent agenda and should be placed as regular items so we can discuss them'openly at regular meetings. Commissioner Plummer: Mr. Chairman, the policy of our Commission is that any Commissioner can pull an item off of the consent and transfer it over, and it automatically becomes a regular agenda item at the next meeting. Commissioner Teele: In the next meeting? Commissioner Plummer: In the next meeting, right. No discussion. It's automatically pulled and transferred over to the next meeting. Chairman Hernandez: Does anyone on the Commission have a problem with that policy? Commissioner Regalado: No. Chairman Hernandez: Commissioner Teele. 12 December 9, 1997 • • Commissioner Teele: I mean, is this policy a written policy, or is this something that... Commissioner Plummer: I can't answer that, sir. It's always... Commissioner Teele: Mr. Attorney? Commissioner Gort: It's not a written policy. Commissioner Plummer: Huh? Commissioner Gort: It's not a written policy. Commissioner Plummer: It's not a written? Chairman Hernandez: Mr. City Attorney, do you have an answer to that? Basically... Commissioner Teele: While he researches it, maybe the Mayor can... Chairman Hernandez: Yeah. Commissioner Teele: The question is, is there a policy, a written policy regarding an item being taken from the consent agenda, and that it cannot be discussed in the current meeting, but it must go to the next meeting? A. Quinn Jones, III, Esq. (City Attorney): There isn't a written policy, but this Commission has, on record, basically, directed that that be the policy, that any matter that's pulled is rolled over to the next meeting as a regular item, a regular agenda item. Commissioner Plummer: And Commissioner Teele, I'm not trying to be hard-nosed about it. I mean, if there's something you wanted to bring up, fine. But it was to save time, and save a lot of useless discussion. CA-13. 13 December 9, 1997 -------------------- ------------------------------------------------------------------------------------------ 3. (A) MAYOR SUAREZ REPORTS TO COMMISSION ON HIS RECENT TRIPS TO NEW YORK CITY AND TALLAHASSEE. (B) MAYOR REQUESTS OF THE CITY ATTORNEY TO RETAIN THE LAW FIRM OF McDERMOTT, WILL AND EMERY AS SPECIAL COUNSEL. (C) MAYOR SUAREZ INTRODUCES BOND COUNSEL FIRM OF HAWKINS, DELAFIELD AND WOOD AS CITY'S BOND COUNSEL IN PRESENTING CITY'S IMAGE TO FINANCIAL MARKETS, RATING AGENCIES AND POTENTIAL INVESTORS IN THE CITY'S DEBT. (D) MAYOR SUAREZ PROPOSES A MID -FISCAL YEAR BUDGET REGARDING REDUCTION OF EXPENDITURES AND COST SAVINGS. (E) COMMENTS REGARDING LAW FIRM OF TEW AND BEASLEY, WHO INITIATED LAWSUIT AGAINST DELOITTE AND TOUCHE ON BEHALF OF THE CITY, AND SUGGESTED CHANGES WITH REGARD TO REMUNERATION AS CONTAINED IN THE AGREEMENT WITH SAID LAW FIRM. (F) MAYOR SUAREZ MAKES A REQUEST OF JOE REBAK, REPRESENTATIVE OF FLEMING COMPANIES, TO ASSIST CITY IN OBTAINING FOOD FOR NEEDY RESIDENTS DURING THE HOLIDAY SEASON. (G) MAYOR SUAREZ REQUESTS OF THE CITY COMMISSION TO PROVIDE INPUT PRIOR TO THE 10-DAY WINDOW FOR EXERCISING MAYOR VETO AS IT RELATES TO THE POTTINGER SETTLEMENT. (H) DISCUSSION REGARDING COMMISSION COMMITTEE CHAIRMANSHIPS. (I) MAYOR SUAREZ PLEDGES TO RAISE $50,000 FOR DOWNTOWN MIAMI HOLIDAY LIGHTING PROJECT. Chairman Hernandez: OK. The Mayor is now present. Commissioner Plummer: All right. I only have one other question, Mr. Chairman. Chairman Hernandez: Go ahead, Commissioner Plummer. Commissioner Plummer: The Manager... the Mayor is anticipating talking for an hour. I don't think most of these people here, my second guess, are here explicitly to hear the Mayor. They're here for some other reason. (APPLAUSE) Commissioner Plummer: Now, whoa, whoa, whoa. Should we, out of courtesy to these people, say that when the Mayor is concluded, we're going to go to lunch? I'm asking the Chairman to make a delineation and a clarification that once the Mayor has concluded his speech of an hour, or roughly an hour, which will be beyond the noon deadline, are we anticipating breaking for lunch? 14 December 9, 1997 Commissioner Regalado: Mr. Chairman, if I may. Commissioner Plummer: What is the Chairman going to do? Commissioner Regalado: If I may. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: Yeah. There has been a media blitz regarding the Chief of Police, and I'm sure that many people here would want to hear the City Manager talk about the Chief of Police, the future of the Chief of Police. So I don't know if, out of courtesy, to some of the people here, we should discuss that now or after the Mayor's speech. (APPLAUSE) Commissioner Plummer: Again, I'm only asking for a declaration of what we're going to do. Commissioner Teele: Mr. Chairman, Mr. Chairman. Chairman Hernandez: Hold on a second. Hold on. Vice Chairman Teele. Vice Chairman. Commissioner Teele: I believe that what Commissioner Plummer is asking for, which is sort of an order of the day, is proper, but I, on behalf of my colleague, Commissioner Gort, I mean, he has said repeatedly that he has to leave here at eleven -fifty. And I think the Mayor needs to be advised of that. And I really think, Mr. Chairman, you need to establish what we're going to do here. Commissioner Plummer: That's all I'm asking. Commissioner Teele: And I'll support whatever you're going to... whatever you say, as long as you recognize that Commissioner Gort has said publicly he's got to leave. Chairman Hernandez: This is exactly what we're going to do. We're going to listen to the Mayor give his speech on his trip to New York, and Tallahassee, and whatever other issue he has. We're going to break for lunch. (BOOS) Chairman Hernandez: Excuse me. And when we come back, we will hear whatever issue is at hand. We have an agenda to follow, and we have a lot of people that want to speak. We will not have time to listen to all these people that are going to speak before this Commission. We're going to break for lunch. We're going to come back, and we're going to take the issue of the City Manager and his position with the Police Chief. Commissioner Plummer: Mr. Chairman, for their edification and mine, what time do we anticipate coming back? Chairman Hernandez: Two -thirty. Commissioner Plummer: Thank you, sir. Unidentified Speaker: Oh, my God. 15 December 9, 1997 Mayor Suarez: Thank you, Mr. Chairman, ladies and gentlemen. Please, please, please. You can make all the noise you want at home. Mr.... Where is the City Attorney? Do we need to officially state anything into the record about my chairing the meeting for the next half hour? A. Quinn Jones, III, Esq. (City Attorney): It's self... There's no problem. Mayor Suarez: It's self-evident. I do have a memo to the Chairman, and I'll always do that with the Chairman as a courtesy. I give him a grand total of about a minute and a half to get ready for me. But actually, I think I have spoken to every Commissioner and Vice Chairman about the fact that I need to make some reports. A preliminary question on a prior item, the Pottinger item, was that really an executive session? Mr. Jones: We had the executive session this morning. Mayor Suarez: Oh, OK. So you were taking a vote. Mr. Jones: Yes. The vote has to be done in a public meeting, yeah. Mayor Suarez: Oh. I thought, geez, we're doing executive sessions in public. That's... Thank you, Mr. City Attorney. By the way, on that item... What item was that, Mr. City Clerk? The Pottinger item, what are you referring to it as in today's agenda? Mr. Jones: Item 1. Walter Foeman (City Clerk): It's number 1. Mayor Suarez: Item 1 of the regular agenda. On that item, Mr. City Attorney, how many days do I have to veto? Mr. Jones: It has to be done within ten days. Within ten days. Mayor Suarez: OK. Would you mark that down and make sure my secretary and staff know that, Mr. City Clerk. Mr. City Attorney, on a matter that I might or might not veto, is it appropriate for me to discuss it with not only the Manager, of course, but with the Commissioners who voted a particular way? Mr. Jones: If you wish, that's your prerogative. Mayor Suarez: Very good. Commissioners, because I might very well veto that particular item... I have not vetoed any items yet. Frankly, I had all of Saturday to veto any of the prior items you decided, because the matters were not before... were not on my desk, I think, until Saturday morning. So Mr. City Clerk, Mr. City Manager and Mr. City Attorney, I know that we're pressing under the new Charter to get these resolutions drafted. In the old days, how long would it take sometimes, J.L.? As many as... And Commissioner Gort probably knows about it, and Commissioner... Vice Chairman Teele from the County Commission, Commissioner Regalado and Hernandez. Sometimes it would take... what, three weeks to get them ready? Well, today, I have ten days to veto or not veto. So ladies and gentlemen, that means... not that I want to go 500 miles an hour, but the Charter gives me ten days. And I have no problem with Commissioner Regalado wanting me to go 199 and a half, right? A little bit less than 200. That makes eminently good sense, Commissioner Regalado, and all of you, but I think I can convince you in the next couple of months that we can go 500 miles an hour and not crash, and do good things for our City. So please give me your input on that, and I will seek yours. If by any chance I don't reach you, please don't hesitate to call me, beat up on my house, come by my house. Ladies and gentlemen, we have here possibly the top bond counsel firm in the United 16 December 9, 1997 States, Hawkins, Delafield and Wood. _ Is Brad Johnson, our fullback here? Can someone get Brad Johnson, so that he can at least meet the Commission, and also, Todd Miles from that same firm? And I want you to meet them. They are under contract with the City. As expected... There's Todd Miles and Brad Johnson. I call you a fullback because I think there's a fullback in the pros. We also have or we will have in the next few minutes a representative of a pro bono legal advisor to the Mayor. Thank you Commissioner Teele, Mr. Vice Chairman, for... There's Jim McDonald from McDermott, Will and Emery. Jim, would you just raise your hand so they know you. I think to the extent... Mr. City Attorney, that we want to have McDermott, Will and Emery work with you. There was such an abundance of legal issues. And I would like, if you think the Charter requires it, to consider joining me or my suggestion or my request, appointing them, if you think the Charter requires it, them as my pro bono legal counselor for the 45 days they're willing to do it. Would you please consider that over the next few days? Mr. Jones: Certainly. Mayor Suarez: Thank you, sir. I'm not sure that they need to do that. Do you have an opinion on that? Mr. Jones: Well, yeah. This Commission, I think it was at the last meeting... Mayor Suarez: No, no, that was an ordinance that Commissioner Teele brought to my attention. Do you think the Charter requires that you... Mr. Jones: Yeah. Well, yes, the Charter is specific and says that the City Attorney controls and supervises the retention of all lawyers. Mayor Suarez: Would you be willing to meet with McDermott and see the kinds of tasks that I need for them to perform, so they can supplement yours? At no cost to the people of Miami, 45 days free, Mariano, so you don't complain later about expenditures. All right, sir, and we will see you on Thursday in Allapattah, as promised last time. I'm sorry you spent a couple of hours running around, sir. That was my fault. Ladies and gentlemen, the bond counsel is here. Brad, would you approach the mike, and Terry Miles. They modestly said they were number one in the nation. Commissioner Gort, who is our investment banker, has not met with you. If you would make time and he would make time to meet with them, Commissioner Gort. I think you know the firm quite well. Commissioner Teele, our Vice Chairman, said that you were either number. one or number two, and you clarified very quickly that you were number one. Of course, that's a subjective statement, but you're one of the best. What do you intend to do for us in the next few days? Very quickly, Brad, please, if you'd tell us, or Terry, however you prefer. Todd, I'm sorry, I keep calling you Terry. Todd. Mr. Todd Miles: No problem. Thank you, Mayor. I think our role as bond counsel is to assist the City in presenting its image to the financial markets, the rating agencies, the potential investors in the City's debt, when it's to be issued in the future. What we hope to do is work with the new Administration and the Oversight Board to bring about stability and a feeling of comfort on behalf of potential investors, and rating agencies that the City of Miami is a sound investment, and can once again re-enter the capital markets the way other major cities in the nation do. Mayor Suarez: OK. We're not going to get into the issue of the past, the declaration of fiscal emergency. We're not going to get into the issue of whether the City should have ever signed a bilateral interlocal agreement. My views on that are well known. I don't want to inquire of you what your views are now, or where... Is Sonny Holzman still here? Unidentified Speaker: He had to leave, sir. 17 December 9, 1997 Mayor Suarez: OK. Sonny Holzman is with Holzman, Krinzman, et al., and they're co -counsel with you? Unidentified Speaker: Yes, sir. Mayor Suarez: OK. Please help us get our A rating back, A -plus, AAA, AA, the best that we can. I want to tell the Commissioners, Mr. Vice Chairman... Mr. Chairman, Vice Chairman and Commissioners, that our trip to New York, with the help of Prudential and... Carlos, would you approach the mike so they see you and your partner, Mariano Rodriguez, who this Commission was kind enough to approve as special auditing help to the Mayor. And Carlos went on the trip to New York. Do we have from Prudential anyone here, please? Jose? Jose, would you come around? There's a little door there. Ladies and gentlemen, Jose Gonzalez Erez (phonetic) is a Northwestern grad, a Yale grad. We won'chold that against you. He is with the company that has the greatest number of assets of any investment banking firm in the country. And I hope Commissioner Gort corrects me, if I'm wrong on any of this. Two hundred billion dollars. They have agreed to be investment advisors to the City. In this case, I don't think they have to go to the City Attorney or the Commission, for free, Mariano. Now you're happy again. Mr. Mariano Cruz: Pro bono. Mayor Suarez: Pro Bono, 60 days. They accompanied me in New York. Stanley Grayson was particularly helpful. Commissioner Teele knows him quite well, and I suspect Commissioner Gort does too, maybe the rest of you, Commissioner Plummer and Regalado. He was the former Deputy Mayor of New York under Mayor Koch. And he's a Holy Cross grad and an eminent banker in New York. He went to all the meetings, as did Jose. And Jerry McBride, of course, was their godfather who helped us a lot. And things went very well in New York. Now... anyone else that I have to introduce? Ladies and gentlemen, the one thing we clarified - this is for the media's purpose - Commissioner Gort and I had a very nice chat on Saturday where we discussed the City's debt. OK? You might think that we have two kinds of debt, general obligation, which the voters have to approve, right? That's where all of your homes are... yes. You have debt service, but also, there's a lien against your homes if that's not paid off. It's got to be approved by the voters. That's the top one. That's a hundred and fifty-seven million dollars ($157,000,000), ladies and gentlemen. That's very quickly going to be one percent of our general obligation debt, only. And since Nick is taking pictures of me, I want to take off my glasses. Ladies and gentlemen, that debt is very low, thank God! The Charter allows us to go up to 15 percent of our equity, of our tax base, which is approximating... unexempt tax base, approximating twelve billion dollars ($12,000,000,000), including real estate and personal property, which is taxable... not most of the personal property, but some is taxable. And I'm sure Commissioner Teele and Chairman Hernandez, the Vice Chairman and the Chairman, who are lawyers know, and I suspect the rest of the Commission knows, too, that is easy to pay off. It's a very small amount of debt, OK? It was approved by you, the voters. The third one is what's called revenue bonds. Revenue bonds, as we build a project, let's say something in Overtown, Don or Irby, or anything which the City has income coming from of property, and activity, and enterprise, we pledge that and we get these bonds. They are very highly rated, they're highly insured. The City's full faith and credit is not pledged. We don't have to pay it, if by any chance those streams of revenue end. They're fully insured. We're not involved. Nothing wrong with that debt. It's ninety million dollars ($90,000,000). Here's the problem, the middle. OK? It's called here appropriation debt. Commissioner Gort will tell you, and I dare say some of the other Commissioners would know that's not a very good word. "Appropriation" is anything you appropriate. "Appropriation" is anything you take over, that belongs to you. This is called a covenant to budget and appropriate. Ladies and gentlemen, it pledges 60 percent of all the revenues of the City to pay this debt. It's junk debt. It's bad debt. It should never have been entered into. I discussed this with High Grossman, the principal guy at Standard and 18 December 9, 1997 Poor's. The Manager was present. He was kind enough to spend two full days in New York at break neck speed, and he was very bullish on our City, as was Bob Nachlinger. Is Bob anywhere around, Mr. Manager? There's Bob. And Bob, among others, helped to clarify to me that what Wall Street wants us to pay, if we can pay off debt, is this bad debt, the stuff that's in the middle. Some of it is backed by something called the Sunshine State Pool. But don't believe the Sunshine State Pool is paying for that debt. All you do is, you go to them because there's a lot of cities that participate, and you ask them to help you - Ricardo seems to understand all of this - to help you to get lower interest rates. Just like if I grab ten people here and I go to the bank, and I say, ten of us are going to borrow money for our mortgages together. Instead of getting eight percent, can we get seven percent? And the bank will say, well, since the ten of you came together, you know, Bared, who's got a great pension from the City... When you have a chance, Major, I'd like to meet with you and see how your family is doing and how you're doing. Also, I want you to help me get in shape. They will give you a lower interest rate. Please, madam! Thank you, Finita. That debt is debt that Wall Street does not like. It's debt that was entered into from '93 to '97, except for one twenty-one million dollar ($21,000,000) bond issue in 1988. I am not sure how Commissioner Plummer and I let it get through, because it's real, real bad debt. It sounds like a general obligation, it smells like a general obligation, and what they call it on Wall Street is a left-handed general obligation. Meaning, because in the old days, anything that was left-handed was thought to be sinister, that's what the word comes from "siniestra," it's thought to be the kind of debt you shouldn't get into. So Wall Street is very excited about us paying that debt. As we pay that debt, we... it has another impact on the City's finances. It frees up all of the non -ad valorem revenues of the City, which is approximately 60 percent of our entire operating budget of three hundred million dollars ($300,000,000), approximately. In other words, two hundred million of what we get is not from real estate taxes, and we have pledged it all against this real bad debt. Some of this debt is variable. You know, like when you have a variable mortgage at home? I've got one of those. Any time things go back in the market... Mariano, I know you got a fixed interest rate. I know you. Mr. Cruz: No, it's paid off. Mayor Suarez: That's even better. He's like Plummer. Doesn't owe anybody anything. You are the most "tacano" individual around here, except for Plummer. I know Teele has got a lot of variable interest debt. Am I right, Mr. Vice Chairman? Commissioner Teele: More than that. Mayor Suarez: And I do, too. God bless us both for ever getting into that. Reverend, good to see you. So ladies and gentlemen, we're going to try to pay off that debt. We've got seventy- eight million dollars ($78,000,000) in pool cash in the City. We're got forty million coming in before the end of the year. We've got some great things happening. We're going to be very liquid. And, yes, we're going to reduce your taxes. And I may present to this Commission - I believe I can, Mr. City Attorney - a mid -fiscal year budget with a lot of cuts and a lot of savings. Is that adequate, as long as I don't change the millage rate, in a upward fashion? (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Mayor Suarez: Thank you. Ladies and gentlemen, enough on that. Each Commissioner will get a package of everything we've done in New York. Please make sure that, Mr. Manager, you help me put together the package, and Mr. Nachlinger. Nachlinger - by the way, I finally learned to pronounce his last name. I kept saying "Hachlinger" - also came up with a brilliant idea. Bob, I think we should wait till we meet with the Oversight Committee to tell them about the Off - Street Parking. On the 16th, would you explain to them that idea and how easy it is to do some great things with the Off -Street Parking Authority. And I'm meeting with Arthur Hertz. Was he ever appointed, reappointed or... it says still pending? OK. We've got a disagreement. I was 19 December 9, 1997 hoping that he hadn't been reappointed so I could get his attention a little bit more. Do I get to veto appointments, Mr. City Attorney? Why does Plummer answer when I ask the City Attorney questions? Do they pay you to be City Attorney? Unidentified Speaker: He gives a quicker answer. Mayor Suarez: He gives a quicker answer. All right. No, Arthur Hertz would be fine on the board. I just kind of wanted to sort of... Jim, you know, I like to tweak them a little bit, and make sure that they do good things with the Off -Street Parking Authority, including what Bob Nachlinger wants to do, which is going to put the City in a situation of being able to develop and do great things, ladies and gentlemen. The Deloitte lawsuit, if I may report on that. Mr. Chairman, are we still OK on time? Mr. Vice Chairman? I've got till noon. I don't need till twelve -fifteen. Ladies and gentlemen, I have... and Commissioners, I have taken the lawsuit with me to the Keys. I have looked at the lawsuit. I may recommend a slight change in the agreement with the law firm... not in the law firm itself, but in the agreement, because they're getting a little too much of a percentage there. I'm sure Commissioner Plummer was a little concerned about that. Were you present for the meeting in which that was...? Commissioner Plummer: When that meeting was called, Commissioner Gibson and I were out of town either intentionally or by accident. We were not present. Mayor Suarez: Commissioners Gort and Regalado were present. I will brief you privately so that we don't embarrass anyone as to how we can maybe sort of squeeze a little bit more out of the law firm, in return for their suing Deloitte-Touche. Totally incorrect in the media that I had any intention of dropping that lawsuit. In fact, I have met with Tom Tew and Al Cardenas from that law firm. Tom Tew is my former partner. Al Cardenas has never been my partner, God, but he's used my parking space in my building, which I gave the guy. And we're looking to file suit against some other folks besides the auditors of the City who were there from... I forget when, until 1996. Very interesting things that will illustrate to the world why those bonds were issued, those junk bonds were issued by the City, that bad debt was issued by the City from '93 to '97, mostly, and why it shouldn't have been done. We're going to pay it off anyhow, so as not to worry. It's got a debt service coverage ratio, meaning you've got enough money coming in to pay that debt four times over. There's no problem with that, any more than if you have four times the amount of income available to pay your mortgage. But it is debt that should not have been incurred, just like when you buy a house that's too big. OK? We want to pay off as much of that debt as possible, and we want to look at the possible liability of some of the bond underwriters, counsel, bond companies, advisors to the City, et cetera, that allowed us to get into that debt that Wall Street does not like. Commissioner Plummer reminded me over the weekend that I haven't... other than appointing a committee Chairman of this Commission, I haven't asked you to perform any particular tasks. Commissioner Regalado had the most specific request, both on the appointment... There's Joe Rebak. We have somebody from Tew, et al. What's the name now, Joe? Please stand up so they can see you. This is Clark Kent disguised as Joe Rebak. Would you come up to the front? Don't mess with this guy. He takes of those glasses, he's got an "S" under his shirt. Mr. Rebak, at the appropriate time, I hope you collect as much money for the City as you possibly can, sir. And you, my former partner, I love you. You represent a company that gives a lot of free food for people who are poor. Do you still represent Malone and Hyde (phonetic)? Mr. Joseph Rebak: It's now known as Fleming Companies, yes. Mayor Suarez: I'm sorry? Mr. Rebak: It's now known as Fleming Companies, and I... 20 December 9, 1997 Mayor Suarez: Fleming? Mr. Rebak: Yes, Fleming Companies. Mayor Suarez: They still have huge ships full of food and such? Mr. Rebak: Yes, Mayor. Mayor Suarez: Do they have some food for holidays, so that we can give people, Joe? Mr. Rebak: They usually do that. Mayor Suarez: Sir, I hope you make that available to this Commission, at no cost, of course, because Mariano complains. And tell him that we need help. I'm getting a lot of requests for Christmas and Hanukkah food, and holiday food, and we do need to get people to have a great time during the holidays. Thank you for handling that lawsuit. We may adjust a little bit the percentages, because it's never been approved by the Oversight Committee. Has it been approved by this... I guess it was approved by this Commission by less than a full majority. And the Commission should have an opportunity to look at it, and to revise it, if the Commission chooses to do so. I can't force the Commission to choose to do so, but I can force you or I can suggest to you or exhort to you to voluntarily reduce a little bit some of those percentages, so you don't get eighteen million dollars ($18,000,000), if we get to the promised land. How far would we have to go in recovery for you to get eighteen million dollars ($18,000,000)? Mr. Rebak: I'm not aware of any scenario under which we would receive eighteen million dollars ($18,000,000). Mayor Suarez: Maybe it was the heat of the campaign. Mr. Rebak: No, our fee agreement is that we will recover half of our hourly rate, as it stands. We're billing at half of our hourly rate right now. Mayor Suarez: What does that make a partner? A hundred and fifty dollars ($150) an hour? Mr. Rebak: Yes. Mayor Suarez: And an associate, a hundred and twenty-five? Mr. Rebak: I believe it would... yes. Mayor Suarez: You're up to two fifty for associates? Mr. Rebak: No. The associates are at ninety dollars ($90) an hour. The partners are at one fifty an hour. Mayor Suarez: And who was at one twenty-five that I saw in the agreement? Mariano, please, please maintain the order. Yes. Mr. Rebak: The fee adjusts, if we recover. If we recover less than one million dollars ($1,000,000), there's no adjustment. If we recover between one and two million... Mayor Suarez: No need to worry about that. We're going to recover a lot more than a million dollars. Bless you, Joe. Let's do a great job on that case. 21 December 9, 1997 Mr. Rebak: Thank you. Commissioner Gort: Mr. Mayor... (APPLAUSE) Mayor Suarez: And thank you for the holiday food you're going to get us. Yes, Commissioner Gort. Commissioner Gort: I apologize, but I said in the morning that I'd have to leave at eleven -fifty. Mayor Suarez: All right, eleven -fifty. Commissioner Gort: So I'm going to have to step out. Mayor Suarez: Last item, I don't need to touch, Commissioners, because I already mentioned the Pottinger case. Please give me your input. If any of you who voted favorably to it find that there was something that you didn't know about at the time that makes you want to change your vote, or suggests to me that I should veto it, let me know. Likewise, Mr. City Attorney, Mr. Manager, I'd love your input. And who was the attorney, the lead counsel on that case? Warren Bittner? Mr. Jones: On Pottinger? Mayor Suarez: Yes. Mr. Jones: Yes. Warren Bittner, yes. Mayor Suarez: Please remind everyone in this City that that case at the trial court level was argued by Leon Firtel, who is now on the bench, and at the appropriate moment, I took over for Leon Firtel, and I argued on behalf of the City, at no cost to the City. I intend to do that in the future, too, if the appropriate case comes, and if the City Attorney or outside counsel permits me. Commissioner Gort, thank you for bearing with us three minutes past your departure time. Commissioner Plummer: Whoa, whoa. Are you going to continue? Mayor Suarez: No, sir, unless you need me for something. Commissioner Plummer: You were going to speak to the committee formation and structure. Mayor Suarez: Oh, thank you. Bless you. Commissioner Gort, Commissioner Gort, sometime in December or January, if you would convene your committee, and go reckless with it, 150, 300 miles an hour. Also, I would like you to head... Commissioner Gort: I don't do excess speed. Mayor Suarez: Yes. You don't do excess speed, he says. He's a conservative guy. You should be a Republican instead of a Democrat. Commissioner Gort, I would also like you to head our Finance Committee, and help me with all of these matters involving the bond classification. (VOTE FOR THE RECORD: Commissioner Gort exits the Commission chamber at 11:54 a.m. 22 December 9, 1997 Mayor Suarez: If in December, or at the very latest, January, if you would convene your committee, it is my intent, Mr. Manager and Mr. City Attorney, if you have no problems with it, to have any major decisions, including personnel decisions at the high levels to be run by the committee chairpersons, and discuss with them in private, if they don't have more than one member of the Commission on their... If they sit... they're allowed to sit as one -person boards. So you can brief them, if they choose to do that, on personnel changes. If it's legal under the Charter, that would be my preference. If it cannot be done that way, at the very least, have them be the first to know before the public finds out that you've transferred people in the Police Department, or you've done something, the committee chairperson should know that, and should give input on that to the Manager and the City Attorney, to the extent that the law permits. If any committee chairperson has a problem with that, all you have to do is simply abstain from exercising that particular faculty. Otherwise, Commissioner Regalado, those 56 streets you told me that need to be paved, the 56 streets or sidewalks that you said had to be fixed? Commissioner Regalado: Mm-hmm. Mayor Suarez: Sir, I would like to have those beginning to be fixed by no later than January 31. Whatever resources you need, let me know, sir, and I'll find it, and the Vice Chairman... the Chairman and Vice Chairman will find it for you. We can fix up our City, and we'll do that. Commissioner... Vice Chairman Teele has been meeting already with the assistant to the Manager for Development, Housing, Community Development, et cetera, and they've got some great ideas. They're very exciting. One of them, very simple idea, to put light arches on Flagler in downtown, we cannot implement until the Oversight Committee agrees to do it. Can you imagine that? This Commission wants to light up downtown, and cannot do that until the Oversight Committee agrees to it. It's a fifty thousand dollar ($50,000) cost, is it? Fifty? Mr. Alberto Ruder (City Manager): Approximately. Mayor Suarez: OK. I'm going to find the fifty thousand dollars ($50,000), if I have to go to the corners with a little can and collect the money, and lend it to them or give it to them. Ladies and gentlemen, I'm going to get a contribution of fifty thousand dollars ($50,000) so we can light up downtown. And by the way, today... at what time does the cleanup begin, Mr. Manager? The Beautification Committee? Six -thirty? Mr. Ruder: I believe it's six -thirty, yes. Mayor Suarez: From 27th. OK, Commissioners, I'll give you copies of that, and you are welcome to attend. I hope to be able to attend. Thank you, Mr. Chairman, and thank you, Mr. Vice Chairman and Commissioners. Commissioner Plummer: Are we going to talk into the realms of what we said the other day about committee chairmen having committee hearings prior to an agenda item? Mayor Suarez: I figured you were going to come up with that. Commissioner Plummer: Well, I'm asking. Mayor Suarez: To the extent, Commissioner Plummer, that it does not unduly delay their work, it would be good to consult Commissioners on items that are going to come before their committee. But initially, we've got to be careful not to complicate the agenda and the work of the City so much. We've got now this Commission to approve everything, the Oversight Committee to approve everything. Sometimes we have to work with the Police union and make sure their contracts are not affected, or the fire fighters, or whatever. So I'd say, yes, to the 23 December 9, 1997 extent possible, Mr. Manager, it would be really nice if any agenda item that was going to be relevant to a committee chairperson be at least submitted to them with a little bit of anticipation, in case they want to hold a hearing before the Commission meeting. Thank you, everyone. (APPLAUSE) Chairman Hernandez: We have a motion to recess for lunch until two -thirty. Vice Chairman Teele. Commissioner Teele: Mr. Chairman... Chairman Hernandez: Vice Chairman Teele. Commissioner Teele: Before you recess... Commissioner Regalado: I think we need to vote on the consent agenda. We haven't. Did we vote or... ? Chairman Hernandez: I don't think we're ready to vote. Commissioner Regalado: Oh. OK. Commissioner Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Commissioner Teele: Before we vote, the Mayor introduced a number of people, the bond counsel in particular. I would hope that the bond counsel would stay around for the discussion this afternoon. As I've indicated in a memo, I've got some issues that I'd like for the Manager to clarify regarding this, and I just want to put that in the record. I move that we recess until two - thirty p.m. Chairman Hernandez: We have a motion by Vice Chairman Teele, second by Commissioner Regalado. We'll be back at two -thirty. This meeting is meeting is recessed until two thirty. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 11:58 A.M. AND RECONVENED AT 2:40 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER GORT, FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 4. CONSENT AGENDA. --------- ------------------------------------------------------------------------------------------------------ Commissioner Plummer: We have all of you here. Before it all gets started, merry Christmas and a happy New Year. Chairman Hernandez: Commissioner Plummer, do we know if Willy Gort is in his office? Commissioner Plummer: Sir, I can't answer. If Mr. Gort is in his office, would somebody please get a hook. 24 December 9, 1997 Chairman Hernandez: Let's approve the consent agenda, and then let's move on to an issue that we have before us that is not on the agenda, so most of the people that are here that I know would like like to either make a comment or at least the Commission, and that way, they can go on their merry way. I know they've been here since early in the morning. So we're in for... We're aware of it. We're just going to take care of the consent agenda really quick, and we'll move on to that issue. Are there any questions... I have just two questions on the consent agenda. Is there any other Commissioner that would like to address issues on the consent agenda? Commissioner Regalado: Not me. Chairman Hernandez: Just for everybody's edification, on CA-11, both Miami Beach, the City of Miami Beach and the County are providing matching funds to the funds that the City is providing, the same ten thousand dollars ($10,000). Also, I had a question for Parks and Recreation. Is Mr. Griffin in? Terry Griffin? Mr. Terry Griffin: Yes. Chairman Hernandez: On CA-8. Mr. Griffin: Yes, Mr. Chairman. Chairman Hernandez: On CA-8, is that a change order initiated by the general contractor, or initiated by the City of Miami? Mr. Griffin: By the City of Miami, in consultation with the neighbors, the residents. Chairman Hernandez: OK. So... Mr. Griffin: This provides better access to the southwest corner of the park where the monument is, where the bust of Marti is located. NOTE FOR THE RECORD: Commissioner Gort enters the ommission chamber at 2:42 p.m. Chairman Hernandez: Are there any questions on the CA, the consent agenda, or do I have a motion to approve the consent agenda? Commissioner Plummer: You have members of the public who wish to speak. Mr. Mariano Cruz: Yeah. All right. OK. Chairman Hernandez: State your name and address for the record, sir. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami, Florida, 33142, in Allapattah. There were a few things here, but this main number, I know CA-19 was withdrawn and CA-9 was withdrawn. I have a question on that, too. But I got a question on CA-3, on CA-7 and CA- 9... no, CA-9 with withdrawn... CA-11, OK. All concern the Police Department, and the use of monies there, or they got here... Because I don't understand that when we have a budget and then they got here the Law Enforcement Trust Fund, transfer to the training fund. And then they 25 December 9, 1997 got another from the general operating budget, all for the Police Department. Another here, ten thousand for a convention? I go to conventions, my union pay for the convention. Our union pay for the convention, not the taxpayers of the City. And here, I see ten thousand dollars ($10,000). Commissioner Plummer: That's not true. Mr. Cruz: And I'd like to know where those monies come from, who administrate those monies, and if those monies are audited, somebody... there is a check and balance in anything of the Law Enforcement Trust Fund, or that is just the prerogative of the Chief of Police? Who takes care of that? Commissioner Plummer: Mr. Manager... Mr. Cruz: Because there is a lot of money changing hands here. Commissioner Plummer: Mr. Manager, I would hope that you would respond to him in writing. Mr. Cruz: Right. In ever agenda, there is something of the Law Enforcement Trust Fund. Commissioner Plummer: Next item. Mr. Cruz: And one thing I see, and then I go. I get complaints from the people in my neighborhood that yesterday, they see a Cruiser 7709 sandbagging in a station on 36th and Miami, giving tickets to the people there. Meanwhile, the people are being robbed on 36th Street and 12th Avenue, 11th Avenue and loth Avenue. How come that happen? How come that cruiser is not patrolling 36th Street, instead of standing there by a corner giving tickets to the people? If there is an engineering problem or traffic problem, let traffic take care of that, not 7709. They're at eight -fifty in the morning. They shouldn't be. So if that's the perception... They using our money our tax money to take... to go to the poor neighborhoods and give tickets to the poor people instead of going to Biscayne Boulevard and giving tickets to the lawyers that go to Bay Point and all that? No. But they go to 36th Street; to 10th Avenue. I was arrested once for doing... for telling a cop that, and it shouldn't be that way. Chairman Hernandez: Thank you, Mr. Cruz. Mr. Cruz: OK. Chairman Hernandez: Name and address for the record, please. Mr. Manuel Gonzalez-Goenaga: Good afternoon. My name is Manuel "Bum -Bum" Gonzalez- Goenaga. Commissioner Plummer: Is that B-U-M? Mr. Gonzalez-Goenaga: Yes. Previously, I was "Boom -Boom." Then I changed to "Broom - Broom." And now, I am a kind of a Bum -Bum. My address is... Commissioner Plummer:. You finally have reached. your status. Mr. Gonzalez-Goenaga: ... 2469 Southwest 8th Street. And I want to congratulate everybody that is here, because I wish you people come every time there is a Commission meeting, especially for the budget. You must be coming here for something else. Well, I am going to provide you what you are coming here for. Since I made theater of Shakespearean theater, and 26 December 9, 1997 I... Please, I hope that you understand. I went through all the comedies and drama of Shakespeare, and I found a few names that are pertinent to this meeting. A Comedy of Errors, the Taming of the Shrew, Much Ado About Nothing, As You Like It, Measure for Measure, The Tempest - Suarez - and Julius Caesar. And to finish, from Julius Caesar, the fault, dear Brutus, lies not in our stars, but in ourselves. I hope you understand that. Chairman Hernandez: Thank you very much. (APPLAUSE) Commissioner Plummer: I waive consecutive translation. Chairman Hernandez: This public hearing is now closed. Commissioner Plummer: I move the consent agenda. Commissioner Regalado: Second. Chairman Hernandez: There's a motion by Commissioner Plummer, second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: It's a unanimous vote. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS DETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER REGALADO, THE CONSENT AGENDA ITEMS WERE PASSED 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. 27 December 9, 1997 • 9 4.1. APPROVE PURCHASE OF TRUCK AND OVERHAULS FROM FLORIDA DETROIT DIESEL-ALLISON, INC / RELIABLE REPAIRS / PITTS ENGINE TRANSMISSION -- FOR GENERAL SERVICES ADMINISTRATION AND FIRE- RECCUE -- ALLOCATE $55,000 FROM ACCTS 509000.420901.6.670 AND 001000.28 0701.6. 6 70. RESOLUTION NO. 97-853 A RESOLUTION APPROVING THE PURCHASE OF TRUCK, AUTOMATIC TRANSMISSION EXCHANGES OR OVERHAULS FROM FLORIDA DETROIT DIESEL-ALLISON, INC., RELIABLE REPAIRS, AND PITTS ENGINE TRANSMISSION, UNDER EXISTING DADE COUNTY CONTRACT NO. 2616-3/02-OTR FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION AND FIRE -RESCUE, ON A CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $55,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS. 509000.420901.6.670 ($35,000.00) AND 001000.280701.6.670 ($20,000.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.2. APPROVE PURCHASE OF UNIFORM BREECHES -- FROM ARGO UNIFORMCO. / DBA GOLD NUGGET -- FOR POLICE -- ALLOCATE $10,847.50 FROM ACCT 001000.290201.6. 075. RESOLUTION NO. 97-854 A RESOLUTION APPROVING THE PURCHASE OF ONE HUNDRED TWENTY-FIVE (125) UNIFORM BREECHES FROM ARGO UNIFORM CO./DBA GOLD NUGGET, UNDER AN EXISTING DADE COUNTY CONTRACT NO. 1B5131-1/99-OTR, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, FOR THE DEPARTMENT OF POLICE, AT A TOTAL ANNUAL COST OF $10,847.50; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.075; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 28 December 9, 1997 4.3. AUTHORIZE $75,000 TO FUND LAW ENFORCEMENT TRAINING TRUST FUND -- FROM PROJECT 690003 -- DIRECT ADMINISTRATION TO ANSWER QUESTIONS REGARDING LAW ENFORCEMENT TRUST FUND ADMINISTRATION. RESOLUTION NO. 97-855 A RESOLUTION AUTHORIZING THE FUNDING OF THE LAW ENFORCEMENT TRAINING TRUST FUND, IN AN AMOUNT NOT TO EXCEED $75,000.00, AND ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.4. ACCEPT BID: PHOENIX WORLDWIDE INDUSTRIES -- FOR PROVISION OF MAINTENANCE AND STORAGE FOR SIS PLATFORM VEHICLE -- FOR POLICE -- ALLOCATE $8,100 FROM ACCT 001000.290201.6.670 RESOLUTION NO. 97-856 A RESOLUTION ACCEPTING THE BID OF PHOENIX WORLDWIDE INDUSTRIES FOR THE PROVISION OF MAINTENANCE AND STORAGE FOR THE SIS PLATFORM VEHICLE, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $8,100.00 FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.670; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 29 December 9, 1997 4.5. ACCEPT BID: AT&T LANGUAGE LINE SERVICES -- FOR LANGUAGE LINE TRANSLATION SERVICES -- FOR POLICE AND FIRE RESCUE -- ALLOCATE $50,000 FROM E911 BUDGET CODE 196002.290461.6.340. RESOLUTION NO. 97-857 A RESOLUTION ACCEPTING THE BID OF AT&T LANGUAGE LINE SERVICES FOR THE PROVISION OF LANGUAGE LINE TRANSLATION SERVICES, ON A CONTRACT BASIS FOR ONE (1) YEAR WITH .THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, AT AN ANNUAL AMOUNT NOT TO EXCEED $50,000.00; ALLOCATING FUNDS THEREFOR FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.6. AUTHORIZE ACQUISITION OF MICROCOMPUTERS / RELATED NETWORK PRODUCTS / SOFTWARE AND SERVICES -- FOR FIRE -RESCUE -- ALLOCATE $200,000 FROM CIP PROJECT 313232. RESOLUTION NO. 97-858 A RESOLUTION AUTHORIZING THE ACQUISITION OF MICROCOMPUTERS, RELATED NETWORK PRODUCTS, SOFTWARE AND SERVICES FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF FIRE -RESCUE'S FIRE STATIONS, ADMINISTRATIVE OFFICES AND FIRE TRAINING CENTER, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NOS. 250- 040-96-1, 973-502-97-1 AND 252-001-97-1, AND METROPOLITAN DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW AND 1941- 2/96-OTR-CW, AT A TOTAL PROPOSED AMOUNT OF $200,000.00; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 313232, AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 30 December 9, 1997 4.7. APPROVE INCREASE IN CONTRACT WITH KNOWLES ANIMAL CLINIC -- FOR VETERINARY SERVICES FOR POLICE K-9 UNIT -- ALLOCATE $30,800 FROM ACCT 001000.290201.6.260. RESOLUTION NO. 97-859 A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT WITH KNOWLES ANIMAL CLINIC, IN THE AMOUNT OF $30,800.00, FOR THE PROVISION OF VETERINARY SERVICES FOR THE POLICE DEPARTMENT'S K-9 UNIT; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.260; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO SAID CONTRACT TO REFLECT THIS INCREASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.8. AUTHORIZE INCREASE NOT TO EXCEED $8,300 WITH PROFESSIONAL WELDING INC FROM $37,200 TO $45,500 -- FOR ADDITIONAL INSTALLATION OF DOUBLE ENTRANCE AND ROLLING GATES -- ALLOCATE $45,5000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROJECT 331385, JOSE MARTI PARK IMPROVEMENTS. RESOLUTION NO. 97-860 A RESOLUTION AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $8,300.00, IN THE CONTRACT WITH PROFESSIONAL WELDING, INC., FOR THE INSTALLATION OF ONE DOUBLE ENTRANCE GATE AND TWO ROLLING GATES AT JOSE MARTI PARK; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11337, AS AMENDED, FOR CAPITAL IMPROVEMENT PROJECT NO. 331385, ENTITLED "JOSE MARTI PARK IMPROVEMENTS." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 31 December 9, 1997 4.9. ACCEPT BID: GREATER MIAMI CATERERS, INC -- FOR FOOD FOR DAYCARE AND PRESCHOOL PROGRAMS -- OF PARKS AND RECREATION -- ALLOCATE $115,253.80 FROM ACCT 580201-710. RESOLUTION NO. 97-861 A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI CATERERS, INC., FOR THE PROVISION OF FOOD FOR PARTICIPANTS IN THE DAYCARE AND PRESCHOOL PROGRAMS OF THE DEPARTMENT OF PARKS AND RECREATION, ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL AMOUNT OF $115,253.80; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF PARKS AND RECREATION GENERAL FUND, ACCOUNT CODE NO. 580201-710; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION, SUBJECT TO THE AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.10. AUTHORIZE FUNDING FOR ANNUAL CONFERENCE OF HISPANIC AMERICAN POLICE COMMAND OFFICERS ASSOCIATION -- ALLOCATE $10,000 FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. RESOLUTION NO. 97-862 A RESOLUTION AUTHORIZING FUNDING FOR THE SPONSORSHIP OF THE HISPANIC AMERICAN POLICE COMMAND OFFICERS ASSOCIATION (HAPCOA) 25TH CONFERENCE, IN THE AMOUNT OF $10,000.00; ALLOCATING FUNDS THEREFOR, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF TREASURY'S "GUIDE TO EQUITABLE SHARING." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 32 December 9, 1997 4.11. CLASSIFY BAUSCH & LOMB COMPARISON MICROSCOPE AS SURPLUS STOCK -- FOR DONATION TO MIAMI-DADE COUNTY POLICE DEPARTMENT -- EFFECTIVE BETWEEN DECEMBER 9, 1997 AND DECEMBER 9, 1998. RESOLUTION NO. 97-863 A RESOLUTION CLASSIFYING ONE (1) BAUSCH & LOMB COMPARISON MICROSCOPE AS CATEGORY "A" SURPLUS STOCK, SHOULD SUCH MICROSCOPE BECOME AVAILABLE; FURTHER, STIPULATING THAT IN SUCH CASE, SAID MICROSCOPE SHALL BE DONATED TO THE METRO-DADE COUNTY POLICE DEPARTMENT, MIAMI, FLORIDA,. SUCH DONATION TO BE VALID AND EFFECTIVE BETWEEN DECEMBER 9, 1997 AND DECEMBER 9, 1998, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENT; SAID MICROSCOPE TO BE INCLUDED IN THE DADE COUNTY CRIME LABORATORY BUREAU HISTORICAL DISPLAY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.12. AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH COMMUNITY HOUSING DEVELOPMENTS ORGANIZATIONS -- FOR AFFORDABLE HOUSING UNITS IN LITTLE HAVANA AND OVERTOWN NEIGHBORHOODS -- ALLOCATE $1,439,150. FROM STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FROM PROJECT ACCTS 153001-452160-946 AND 153002-452160-946. RESOLUTION NO. 97-864 A RESOLUTION RELATING TO THE DEVELOPMENT OF APPROXIMATELY 107 UNITS OF AFFORDABLE HOUSING IN THE LITTLE HAVANA NEIGHBORHOOD BY THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, MODEL HOUSING COOPERATIVE, INC., AND JUBILEE COMMUNITY DEVELOPMENT CORPORATION AND 214 UNITS OF AFFORDABLE HOUSING IN THE OVERTOWN NEIGHBORHOOD BY BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, DEEDCO, INC. AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION; AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING FROM THE CITY'S FISCAL YEAR 1996-'97 STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FROM PROJECT ACCOUNT CODES 153001-452160-946 AND 153002- 452160-946 IN THE AMOUNT OF ONE MILLION, FOUR HUNDRED THIRTY-NINE THOUSAND, ONE HUNDRED FIFTY ($1,439,150.00) DOLLARS AND MORE SPECIFICALLY STATED IN SECTION 2 OF THIS RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE AFOREMENTIONED CHDOS FOR THIS PURPOSE. 33 December 9, 1997 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.13. ACCEPT PLAT: M. SPECTOR. RESOLUTION NO. 97-865 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED: M. SPECTOR, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT LAND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID .PLAT IN THE PUBLIC RECORD OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.14. DESIGNATE RIVERSIDE RIVERFRONT REDEVLOPMENT PROJECT AS CATEGORY B -- FOR PURPOSES OF ACQUIRING PROFESSIONAL PLANNING AND DESIGN SERVICES IN ENGINEERING AND LANDSCAPE ARCHITECTURE -- APPOINT CERTIFICATION COMMITTEE. RESOLUTION NO. 97-866 A RESOLUTION DESIGNATING THE RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT AS A CATEGORY "B" PROJECT FOR THE PURPOSE OF ACQUIRING PROFESSIONAL PLANNING AND DESIGN SERVICES IN THE FIELDS OF ENGINEERING AND LANDSCAPE ARCHITECTURE; APPOINTING A CERTIFICATION COMMITTEE OR NOT LESS THAN THREE MEMBERS WHOSE PROFESSIONAL EXPERTISE IS IN THE AREA OF ENGINEERING; AND APPOINTING THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT, OR HIS/HER DESIGNEE, AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE, IN ACCORDANCE WITH SECTION 18-81 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 287, FLORIDA STATUTES, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 34 December 9, 1997 4.15. DESIGNATE VIRRICK COMMUNITY WATER SPORTS CENTER PROJECT (PHASE II) AS CATEGORY B -- ALSO KNOWN AS FORMER U.S. COAST GUARD AIR STATION FACILITY -- FOR PURPOSES OF ACQUIRING PROFESSIONAL PLANNING AND DESIGN SERVICES IN ENGINEERING AND LANDSCAPE ARCHITECTURE -- APPOINT CERTIFICATION COMMITTEE. RESOLUTION NO. 97-867 A RESOLUTION DESIGNATING HE VIRRICK COMMUNITY WATER SPORTS CENTER PROJECT (PHASE II), ALSO KNOWN AS THE FORMER U.S. COAST GUARD AIR STATION FACILITY, AS A CATEGORY "B" PROJECT FOR THE PURPOSE OF ACQUIRING PROFESSIONAL PLANNING AND DESIGN SERVICES IN THE FIELDS OF ARCHITECTURE, LANDSCAPE ARCHITECTURE AND ENGINEERING; APPOINTING A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE MEMBERS WHOSE PROFESSIONAL EXPERTISE IS IN THE AREAS OF ARCHITECTURE, LANDSCAPE ARCHITECTURE AND ENGINEERING; AND APPOINTING THE DIRECTOR OF PLANNING AND DEVELOPMENT OR HIS/HER DESIGNEE AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE, IN ACCORDANCE WITH SECTION 18-81 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 287, FLORIDA STATUTES, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 4.16. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH URBAN RESOURCE GROUP -- A DIVISION OF KIMLEY-HORN AND ASSOCIATES, INC -- FOR PROFESSIONAL PLANNING AND DESIGN SERVICES -- FOR PREPARATION OF VENETIAN CAUSEWAY MASTER PLAN -- ALLOCATE $65,000 FROM CIP PROJECT 341173, VENETIAN CAUSEWAY IMPROVEMENTS. RESOLUTION NO. 97-868 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH URBAN RESOURCE GROUP, A DIVISION OF KIMLEY-HORN AND ASSOCIATES, INC., FOR PROFESSIONAL PLANNING AND DESIGN SERVICES FOR THE PREPARATION OF THE VENETIAN CAUSEWAY MASTER PLAN, AT COMPENSATION NOT TO EXCEED $65,000 FOR SAID SERVICES; ALLOCATING FUNDS THEREFOR FROM FUNDS PREVIOUSLY APPROPRIATED PURSUANT TO ORDINANCE NO. 11337, AS AMENDED, FOR CAPITAL IMPROVEMENT PROJECT NO. 341173 ENTITLED "VENETIAN CAUSEWAY IMPROVEMENTS." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 35 December 9, 1997 ram: NOTE FOR THE RECORD: Chairman Hernandez, on behalf of the ity Commission, recognizes members of the Little Havana Activity Center. f -------------------------------------------------------- -------- ------------------------------------------------- 5. (A) DISCUSS CITY MANAGER'S DECISION REGARDING TENURE OF POLICE CHIEF DONALD WARSHAW. (B) DISCUSS NEED OF CITY COMMISSION TO MEET TO REVIEW AND APPROVE PROPOSED REVISIONS TO FIVE-YEAR FINANCIAL PLAN BEFORE SUBMITTING SAID PLAN TO THE OVERSIGHT BOARD -- FURTHER SCHEDULE HEARING REGARDING POLICE CHIEF DONALD WARSHAW BEFORE THE COMMISSION ON THAT DATE, IF NEED BE. ---------------------------------------------------------------------------------------------------------------- Commissioner Regalado: Mr. Chairman, I know that you said that in the afternoon session, we could address an issue that is not in the agenda, but is in the minds and hearts of most of the people of the City of Miami, and that would be the situation of the Chief of Police of the City of Miami. And I was wondering if we can proceed now with this issue. Chairman Hernandez; Yes. I'd only like to caution you, Commissioner, that under the Charter, the Commission is advisory in nature. We cannot really intercede with the actions of the City Manager. And I would not want to violate the Charter, on behalf of this Commission. Commissioner Regalado: Absolutely. I first have a question for the City Attorney. Quinn, according to the revised Charter, who has the responsibility of appointing or firing the Chief of Police? Is it the Mayor of the City of Miami, or the City Manager of the City of Miami? A. Quinn Jones, III, Esq. (City Attorney): Under the present scenario, which is not changed, it is the City Manager. And of course, with the concurrence for a judgment after hearing by the City Commission. Commissioner Regalado: So the City Commission has a voice in the Chief of Police? Mr. Jones: The way it works essentially is that the Police Chief can only be fired, or the Fire Chief, for that matter, fired for cause. Findings, recommendations have to be forwarded to the City Manager. If, in fact, the Chief requests a hearing, then the Commission must conduct a hearing. And within a specified time, it must render a judgment, based on those findings that... and the... that come out as a result of the hearing. So to answer your question, it is the City Manager, with the concurrence of the City Commission. Commissioner Regalado: OK. Mr. City Manager, we all know what has been said in the past days, and through the media, we have heard a lot about the City of Miami Police Department Chief. Now, we heard that it was announced that the Chief had signed a document that - I read the document - is not a retirement decision, but an intent to retire. Since then, the Chief of Police, Don Warshaw, has said that he would rather stay as Chief of Police, and that his intent to retire could be extended. So that means that by January the 3rd, maybe the Chief of Police will decide not to retire on that date. My question to you is, if he does that, if he decides to stay beyond January the 3rd, would you fire him? 36 December9, 1997 Commissioner Plummer: If I may, Tomas. I've been around a long time, and maybe it's good, maybe it's bad. I think we're on very, very thin ice. All right? Commissioner Regalado: I know. But I think... Mr. City Attorney, do I have the right to ask questions? Commissioner Plummer: That's what I wanted to ask. Mr. Jones: Yeah. Well... Yeah. Let me answer it to you this way. Let me put it to you this way: The Charter prohibits you or the Mayor from interfering with the City Manager, insofar as his abilities and duties as the Chief Administrator. Further prohibition only speaks to your directing or requesting the appointment or removal of an official or subordinate. To the extent that you're only expressing your desire as an individual Commissioner, or Commissioners as to action you may wish to have take place, I do not think it can be construed as interference with the City Manager's ability. Everybody knows, and the law is clear that only the City Manager can make that appointment of the Chief of Police or remove him, again, subject to the limitations in the Charter. So I do not think that what you're asking or your query can be construed as interference, or directing, or requesting the appointment, whether it's of Mr. Warshaw or any other Police Chief. Commissioner Regalado: OK. Chairman Hernandez: Commissioner Plummer, you have the floor. Commissioner Regalado: No, excuse me. Commissioner Plummer: No, no. I... Chairman Hernandez: Oh, you want it back. Commissioner Regalado: My question is, if the Chief, as he has said, decides to stay beyond January the 3rd, would you fire him? Mr. Alberto Ruder (City Manager): Commissioner, this is a personnel decision, and I really do not think it's appropriate to discuss personnel decisions in a Commission meeting. But I am... I have not... I need to sit down with the Chief further to discuss the situation. I have only been Manager for less than three weeks. There's been many major decisions that had to be made, of which one of them is this one, and it's a very important decision. And right now, I'm evaluating my options. I have not reviewed... I just heard the Attorney's opinion as to how you would even fire the Chief, and I have not even had time to review if I would even have any reasons to fire him. I would rather look at this as a positive thing, in the sense that I need to work with the Chief. I need to work with different options and insure that whatever we do is the best thing for the City. Commissioner Regalado: OK, but Mr. City Manager, don't you think that the City Commission, but not... forget the City Commission. Don't you think that the people of Miami deserve an answer, deserve to know what is going to happen to the Chief of Police? Do we, as citizens, concerned citizens - forget I am a Commissioner - do I deserve the right to know if, past January the 3rd, I am going to have this Police Chief? Which, by the way, as a citizen - forget that I am a Commissioner, and, by the way, elected by the City of Miami - I think that we have the best Chief of Police that we can have in the City of Miami. I mean... (APPLAUSE) 37 December 9, 1997 Commissioner Regalado: So you tell me. So... Albert, Albert, I do not want to interfere with you. I do not want to interfere with the City Charter. I do not want to pressure you. But I think that we deserve to know. I mean, this is a public safety issue. This is an issue that concerns me, as a resident of the City of Miami. Now, we don't know, as of today, we don't know if we're going to have a Chief of Police... a new Chief of Police. I mean, we heard that the Mayor went and tried to hire somebody, and rode in a helicopter. I don't know. I only know what I'm... what I see and what I read, because I have not been informed. But that's OK. That's OK, you know. I think that the people of Miami really deserve... First of all, they deserve to know how you feel about him. Do you think he is a good Police Chief? Mr. Ruder: Commissioner, I have always said in public that I thought he was a good Police Chief, and I don't think anyone has ever said that he's not a good Police Chief. I think what we said is that when there is a new Administration and there is a new sense of direction, at times, you want different people to head the different areas. And that's all that we said, and that's... I've been consistent in what I've said. And I'll say it again, that I think he is a good Police Chief, and that has always been my position. Commissioner Regalado: OK. You said to the TV, in the noon news, that the Mayor had the right to have his Chief of Police. Is that a quote? Mr. Ruder: The Mayor and the Commissioners, they should feel comfortable with whoever the heads of the departments are. And... Commissioner Regalado: Well, let me tell... let me ask you this: If some of the Commissioners will tell you that we want or we think - we don't want - we think that you should consider, for instance, extending the intent of retirement of the Chief of Police, that would be... that would not be interfering. It's just a wish. Mr. Ruder: No, and I think that... and I need to talk with each of you individually, because I haven't really had a chance to. It's not because I haven't wanted to, but because of all the other issues that we're dealing with. And I think you're right. The citizens should know everything that's going on. And one of the reasons that I've been in the City for 16 and a half years is because I've always been up front with people. And I think the citizens... Commissioner Regalado: Absolutely. And I know that, Albert. Mr. Ruder: And I think the citizens also should know that I am making responsible decisions, and that you can... it takes time to make responsible decisions. And, you know, I've only been at this job for two and a half weeks, and I want to do the right thing, and do the right thing for this City, for the Police Department, for the citizens. Commissioner Regalado: OK. Let me ask you this. Mr. Ruder: That's the style that I prefer to undertake. Commissioner Regalado: Let me ask you this, Albert. Do you think that you would have time in three weeks to determine that he should go or he should stay? Mr. Ruder: I would think that I would, yes. This is one of the major decisions that I am going to make, as expeditiously as possible. Comm issioner.RegaIado: So you want him to go? 38 December 9, 1997 Mr. Ruder: I'm not saying that. I'm saying I'm evaluating different options which I'd rather not discuss now. And that, obviously, is something that I want to do as expeditiously as possible. Commissioner Regalado: So when we leave here tonight, we don't know what's going to happen to Donald Warshaw. Mr. Ruder: No. Today is December 9th. According to his papers, which you have explained the nature of them, the date on that was January 2nd. Obviously, we don't have that much time, but I plan to work on this full-time, as much as I can, to resolve this as soon as possible. And unfortunately, you're not going to leave today knowing, but you are going to leave knowing that I'm going to be fair, and I'm going to make the best decision that I feel for the City of Miami. Commissioner Regalado: Well, you know, you are the Manager. You're the one that... (APPLAUSE) Commissioner Regalado: You are the Manager, and I'm just a vote here on the Commission. But I am not satisfied with this answer. I think that the people should know. (APPLAUSE) Chairman Hernandez: I'd ask you to please .refrain from clapping and screaming until this is over, please. Commissioner Plummer, do you have anything to say? Commissioner Plummer: No. I think that we need to put this whole story straight. There's no vacancy. There is no vacancy. Don Warshaw is the Chief of Police. (APPLAUSE) Commissioner Plummer: Now, one... Please, please. All you're doing is prolonging. One of two things is going to happen, and this is what I wanted to say to my colleague. If you want to know whether you think Warshaw is going to be here after January the 3rd, ask yourself. And I say that simply because if he doesn't decide to retire and the Manager doesn't fire him, again, there is no vacancy. If, in fact, he doesn't want to retire, and the Manager decides that he feels that he should be terminated, it will be back here in five days. This Commission has the right to sustain the Manager in his decision, or overrule and reinstate the Chief. All right? So we're making - what was it that Boom -Boom said? - much to do today about nothing, because of the fact there is no vacancy. He is the Chief now. He will be the Chief until he decides either to retire, or the Manager terminates him. And if the Manager terminates him, I'm sure he'll be standing right there at that microphone. So, you know, I think that we want to be extremely careful. I think we've got to give the Manager, who is sitting in that seat for the first time, the right to sit back, to analyze, and make his decisions, and we can agree or disagree with the Manager. But I think at this particular point, I'm happy to say Warshaw is the Chief of the City of Miami Police Department. (APPLAUSE) Chairman Hernandez: Commissioner Gort. Commissioner Gort: I think I've made my statement to the public in the past. I think the Chief has done an excellent job. I think he brought morale within the Police Department, and that shows by the amount of police officers that have come and that are here today. At the same time, I think he has been able to get into the neighborhoods, and that he has gotten the people involved on the neighborhood level to work with the police for the first time in a long time. He's 39 December 9, 1997 got a lot of credibility. But once again,, we have to let the... There's a new Manager in here. You have to let him work it out. I have known the Manager for a long time. I know he's going to do what he thinks is fair. At the same time, we've got to give him a chance for the Chief to talk to him, sit down and talk to all the parties involved, not only the Manager. I think everybody involved in here, you all elected a strong Mayor, and the strong Mayor has got to make a decision, too, and he's got to sit down with them, I believe, with the Manager, and so on. You're saying no, J.L., but let's face it. We, as Commission, can put it back in here, but the people can make life impossible for him, and we've got to work as a group. We've got to work as a unit. So I think the Manager will make the right decision. I'm sure of it. Commissioner Plummer: Where I disagree with you is we didn't elect a strong Mayor. We elected an Executive Mayor. Commissioner Gort: Well, an Executive Mayor. Commissioner Plummer: Now, there's a difference. Chairman Hernandez: Vice Mayor Teele. Mr. Jones: A big difference. Chairman Hernandez: Vice Chairman, I'm sorry. Commissioner Teele: Mr. Chairman, I will need to understand... As I said, and let me again express my appreciation to you, Mr. Chairman and in particular, to my colleagues and the dean on the end who gave me the courtesy, when a similar issue came up. In many ways, I empathize with the position that the City Manager is in. I just was elected. I didn't know the City Attorney professionally, and I asked this Commission to give me an opportunity to cast an informed vote. Whether my vote matters or not is not the issue. I think I represent a group... a constituency, and my vote should be an informed vote. And I again publicly express my appreciation to Commissioner Plummer, and the Chairman, and Commissioner Regalado and Commissioner Gort for affording me that opportunity. So in many ways, Mr. Manager, I understand to some extent how you feel. Having said that, let me say this: I don't think you sit in the same seat I sit in, because you had the opportunity to work with this Chief. How long have you been Manager? I mean, on with the City as the Parks Director? Mr. Ruder: Well, Parks Director, about nine years. City employee, about 16 and a half years. Commissioner Teele: So you've known Chief Warshaw for 16 and a half years. You've been director of a major department that... the Police Department. So you have a unique insight in that. And I want to give you the benefit of every doubt. But I tend to believe that Commissioner Regalado is entitled to more than a polite, "I'll take that under advisement." Quite candidly... and I don't want to go back beyond the date I have served on this dais. And I've got a lot of concerns about a lot of things, and I'm not going to revisit old issues. I think this Commission has a lot to do. And I'm very, very frustrated, and I'm very, very disappointed, very disappointed at the rate that this Commission is moving in making decisive actions on matters. This City has a financial crisis, and yet, there's not one thing on this agenda, Mr. Manager, that affords this Commission an opportunity to even address the issues. We've got an Oversight Board meeting, I think you all do, on the 18th. And yet, you've not afforded this Commission or this Commissioner an opportunity to respond to whatever it is the Mayor plans. So I think we've got some heavy issues right now. And quite frankly, I think we're acting almost ill responsibly as a Commission. I also believe that the Manager has some heavy issues. And I believe, also, that the Management is bordering upon acting ill responsibly, if you don't deal with this issue of the Police Chief. Now, I tried very hard to engage my colleague, Mr. Manager, because in a 40 December 9, 1997 different forum... and I can assure you, ten years from now, whoever is sitting here, it won't go the way it just went for you last week, because all of these issues we're raising today should have been raised when you were being asked to be sworn in. But, no, we wanted to rush through and all kiss you, and all say what a great guy you are. But the time for this Commission to hold up on your appointment and to seek some resolution on that issue was when you were being brought here a week ago. Now, you have been here for two weeks. You've been a City employee for 16 years. You've been a Parks Director for nine years. And I think, given the nature of a uniform service... and I don't know if you served in the military, and given what's going on in Arlington, I don't want to even question people's service. So you don't even have to answer that as to whether you did or didn't. But one thing is unique about uniform people. If somebody is not in charge, people start to break ranks real fast. And my fear is, we've got a Police Department that is pretty well established, well respected, very well disciplined. We've gone through some tough cops. We've gone through some not so touch Police Chiefs. We've gone through some effective, not so effective. And I don't know how you characterize that, but I can tell you one thing, that if you don't make a decision, you're going to - you, Mr. Manager, not the Mayor, not the Commission - you are going to destroy the discipline, the esprit de corps within the uniform Police Department of the City of Miami, because it's the nature of people in a uniform, if somebody is not in charge, then everybody is going to break ranks. And if it's not clear who is in charge, you're going to see all sorts of things. You're going to have deputy chiefs and assistant chiefs, and majors, and captains, and lieutenants, and even some sergeants all projecting themselves at night that they ought to be the Chief. And that's going to permeate. I don't believe that it's sufficient that you wait until the 2nd of January. We can't tell you that you can't wait that long, but I can tell you this: I don't agree with my colleagues that believed that we have the opportunity... I don't believe that... I don't agree with my colleagues that believe we have the opportunity, or that we should seek to exercise our opportunity, should you take a decision, because I got to tell you something. This City does not have a great reputation on Wall Street today. I don't know if you saw last week's New York Times, and I don't know if you're reading some of the local media, but we're not building any real sense of strength, stability. And I believe that one of the most important decisions that the Manager must take is a decision relating to the Chief, because the worst thing that in my judgment could happen would be in a worst case scenario that you remove the Chief, and then we come back... and forget, for a moment, Don Warshaw as a person. I mean, this is painful enough for him. But think about the 947 or how many sworn police officers we have. We're not putting Chief Warshaw through that, we're putting the entire Police Department through that. And then we have a hearing, and it turns into "he said/she said," and then we overrule you. And I can tell you that there is a substantial probability that there will be four votes here to overrule you, at least. I think it's much better if you would go ahead and work this matter out, you, and the Chief and the Mayor, not here in the public forum of this Commission, but if we need to recess for an hour and let you all go work it out... But I think we owe it to the citizens of this community to force you to bring stability to the Police Department. Otherwise, we will be cooperating and participating in the erosion of the Police Department. Mr. Manager, I have my personal respect and admiration, and my pledge to try to support you, as you carry out your job as Manager. But I must tell you, I don't think that this action or failure to act on this action is in the best interest of the City of Miami, or the City of Miami Police Department, or, quite candidly, of the Miami City Commission. And so I would join Commissioner Regalado and others who have said that it's really not satisfactory that we put this matter off until the second of June or the 3rd... 2nd of January, or the 3rd of January. This community is entitled to know what direction we're moving in. Now, having said that, Mr. Manager, I want to understand one thing. Is it your understanding that the document that you and the Chief signed is a resignation letter, or a letter purporting to retire? Mr. Ruder: It's a letter saying that if you retire by that date, this is the benefits that you get. But it doesn't say that you have to retire on that day. That's my understanding of that. I may be wrong, but that's the way I understand it. 41 December 9, 1997 Commissioner Teele: So you don't see that as a retirement letter or a resignation, in and of itself? Mr. Ruder: That's correct. Commissioner Teele: So it's quite possible that on January 2nd, nothing will happen. Mr. Ruder: Yes, it is. And I hope to... It never came out of my words that I was going to wait till January 2nd. I think it's too important a decision to wait till January 2nd. You know, I plan to do it as quickly as possible before January 2nd. Commissioner Teele: When do you plan to do it, Mr. Manager? Mr. Ruder: I would say in the next few days, by the end of the week. Commissioner Teele: OK, by the end of the week. Mr. Ruder: Right. Commissioner Teele: Is it your intention to recommend that this Commission have a special meeting to review the Mayor's... I mean, we've got to have a special meeting to review the Mayor's five-year plan before it goes to the Oversight Board. Is that correct? Mr. Ruder: Yes, unless you... unless we can get an extension, which I think is fair... Commissioner Teele: Well, I will tell you this: I certainly want to ask at the appropriate time. I want to be on record to do that. When would you propose that we have that special Commission meeting? Commissioner Plummer: Excuse me. It will not be Friday. My daughter is graduating from college in Boca Raton, and buddy, that's important. (APPLAUSE) Commissioner Plummer: Saturday, fine. Mr. Ruder: It could be either... Commissioner Plummer: Sunday, fine. Mr. Ruder: It could be either the 17th or the 18th, next week. Commissioner Teele: What days are those? Mr. Ruder: Wednesday and Thursday of next week. Commissioner Teele: Then my question to you is, if you're going to do it in the next two or three days, if it is going to be a negative decision, would you at least afford us the opportunity to have the statutory hearing? Mr. Jones: Sure. Commissioner Teele: The hearing that the Chief would be entitled to. 42 December 9, 1997 Commissioner Plummer: It's five days, isn't it? Mr. Jones: Five days of when the action is taken. Commissioner Teele: It's within five days. Commissioner Gort: Right. Commissioner Teele: But see, let me tell you, J.L., if we... If the Manager were to, for whatever reason, dismiss the Chief, and then we had five days of this, this would be five days of chaos in the City. It would be a media circus. And what we need to do is stop this notion that the City of Miami Commission is going to operate like a circus. And so if you're going to do that... If we're going to have a meeting on that Wednesday, can we agree now that you would withhold that action until Wednesday, and that we could have a hearing, if it's required, on Wednesday, and that the notice of that meeting would be at that time? Mr. Ruder: Sure. Chairman Hernandez: Well, the Chief of Police would have to request that hearing. Commissioner Plummer: May I... Commissioner Teele: If the Chief wanted one. Chairman Hernandez: Exactly. Commissioner Teele: But we would be in a position to do that. Commissioner Plummer: Commissioner, may I request that it be Thursday instead of Wednesday? Commissioner Teele: Thursday is fine. Commissioner Plummer: The 18th. Mr. Jones: Just one point of clarification. You know, the Chief doesn't have to... It's mandated that a hearing be held within five days, whether the Chief requests it or not. Chairman Hernandez: Commissioner Gort. Commissioner Teele: I'm... Mr.... if I may, just one moment. Chairman Hernandez: There you go. You got the floor. Commissioner Teele: I'm not presupposing that the Manager is going to remove the Chief. I'm not presupposing that if he did, the Chief would ask for a hearing. What I am presupposing is that if either one of those, or both of those circumstances would exist, it certainly behooves us to have in place an orderly process on that Thursday, Mr. Attorney, whatever it takes, so that when the notice of the called meeting is done, that we can meet on the blue ribbon committee of the five-year plan, as well as to review any decision that the Manager has made regarding the Chief of Police. Commissioner Plummer: Mr. Chairman. 43 December 9, 1997 Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: I'm just informed that the Oversight Board meets on the 18th. Mr. Ruder: They don't meet. The report has to be turned in, but then they have a certain number of days... Commissioner Plummer.: Oh. So they're not meeting on the 18th? Mr. Ruder: No. No. Commissioner Plummer: OK. Commissioner Gort: What's the due date... ? Chairman Hernandez: Commissioner Gort. Commissioner Gort: What's the due date for the report, the five-year plan? Unidentified Speaker: The 18th. Commissioner Gort: The 19th, the 18th? Mr. Ruder: Yeah, it's due the 18th. But what Commissioner Teele said... We're going to try to get an extension, if that's what the Commission desired, because I think it's very reasonable, considering the fact that there are two new Commissioners. Commissioner Gort: OK. Let me tell you, I think there's four of us that sit here that took a decision in accepting that plan, the five-year plan, in which certain commitments were made. And if there's a lot of variances that are going to take place, a lot of changes are going to take place, I think we have to take that in consideration. So we do have to approve it before you present it. Commissioner Plummer: Oh, absolutely. Commissioner Gort: Because if there's a lot of deviations... I mean, that's a commitment that we made. And as Art was saying a little while ago, Commissioner Teele, that is, we have certain fiscal responsibilities that we have to go by, commitments that we have made. We have to make sure that if they've changed, that there are other sources of funds coming in. Mr. Ruder: There aren't many changes planned, but even if there were, there's still two new Commissioners who really - and we're working on it right now - who really have not had a chance to study this. And I think it's very reasonable to try to get an extension, because of that fact. Chairman Hernandez: Vice Chairman Teele. Commissioner Teele: Just on that point, Commissioner Gort. I've advised the Manager, and the Assistant Manager, and the Mayor again that I just don't think it's prudent for this Commission to rubber stamp documents that come from the Mayor. And I think if the Oversight Board wants us to function as a Commission, they will understand that we have not yet received that document as of today, December 9th, that we should be afforded at least ten days, two weeks to review that document, and we should seek for an extension of time, based upon when the Mayor 44 December 9, 1997 releases that. But again, I'm not really concerned about what this Commission has approved. I embrace and adopt every decision that this Commission has made. What I'm talking about would be changes to that document, as proposed by Mayor Suarez and the new management team. Commissioner Regalado: Mr. Chairman. Chairman Hernandez: Commissioner Regalado. Commissioner Regalado: First of all, I think we do need some time to read the revised plan, but coming back to the issue of the Chief of Police, Albert, Mr. City Manager, could you tell me, as a resident, as a member of this Commission, if you have any doubts about the good work that the Chief of Police has done? Because maybe we can help you. We have worked with him. I have done work with him outside of the Commission before becoming a Commissioner, and during my tenure here. So what is in your mind? I mean, we have said once again here that it's only your responsibility, nobody else's - not the Mayor's - but your responsibility to do what you think is right with the Chief of Police. Do you have any doubts about the way he has led the Department? Mr. Ruder: I don't have any doubts. I have worked alongside with him. I have never supervised him, obviously. In working alongside with him, department to department, you learn a lot about the department, but not as a supervisor. And I certainly, in two days, I'm not going to learn a whole lot. But I still feel it's important for me to have certain discussions with him before I make that decision. And I think it's very reasonable, you know, we set it for the end of the week... Commissioner Regalado: Absolutely. Mr. Ruder: That's my stance at this time. Commissioner Regalado: But, you know, it's important. This is a public forum and it's important the people of Miami understand how the City Manager of the City of Miami thinks. And this is why I'm trying to get your view. You said, I've heard you many times, that he has done a good work, that this is a good Police Department, that the morale is good. So I guess that we are leaving here with the perception that if you balance things, you have a very good opinion of Donald Warshaw. Is it my mistake or... ? That's the feeling that I'm getting. Mr. Ruder: Again, my opinion of Donald Warshaw has been very publicly stated from the very beginning, and it still stands the same. Commissioner Regalado: OK. Chairman Hernandez: Let's open the public hearing for those people that want to... Everyone will have two minutes to speak. We're going to start with our right-hand side. Commissioner Plummer: Everyone? Chairman Hernandez: Tony Rodriguez. And if it gets repetitive, we'll just... Commissioner Plummer: Please, not repetitious. We've got a long, long... Mr. Tony Rodriguez (President, Fraternal Order of Police): Thank you. Thank you, Mr. Chairman. I think I... as the gentleman that I am, that I'll let the young lady go first, if you wish. It's up to you guys. I'll speak now, if you want. Speak now? 45 December 9, 1997 Ms. Elena Carpenter: Mr. Chairman? Chairman Hernandez: State your name for the record. Ms. Carpenter: Yes. Mr. Chairman and honorable Commissioners and City officials, thank you for listening to me. My name is Elena Carpenter. I am a resident and a business owner in Coconut Grove, with offices at 2977 McFarlane Road, Coconut Grove, Florida. With the utmost respect, I think that you are sitting here today playing games. I have been a resident of Coconut Grove for maybe 16 years, and for sure, the last three. And I, as well as many residents, have seen the results that Chief Warshaw and his successes for the City of Miami Police Department. And maybe we haven't seen it properly. President Clinton has. Nationally, we've been recognized. And my question to you is, "A," can you make a decision in two days, if you haven't made it already? "B," when are you planning to really listen to the residents of this City? You could put this thing out for election tomorrow, and this man would be crowned king of Miami, if you haven't seen it yet. (APPLAUSE) Ms. Carpenter: I think that the decision might be up to a Manager who already says that we have a great Chief of Police. Frankly, that's where I come in. Are you playing games or not? We have a man that everybody supports, that has proven himself. There are statistics and numbers. So when are we going to make a decision, and why are we making a decision if we're happy with who we have? And by the way, the fact that we're talking about it today, almost after the fact, I think this has been dealt with with very little dignity and respect for the Chief of Police, who never, as far as I know and these people know, had any intention of retiring from the City of Miami. Thank you. (APPLAUSE) Mr. Rodriguez: Thank you, Mr. Chairman. Tony Rodriguez, president, Miami Fraternal Order of Police. I think, clearly, everybody knows, as well as all of you, that we overwhelmingly support Chief Warshaw. But I think there's more that we need to discuss, and as the Commissioner said, there is much to do about something here, Commissioner, and I'll tell you why. Because if there weren't, then we wouldn't be here. There is no vacancy, but we are here. And I think the last several weeks have seen some unprecedented occurrences in our City. And I just want to say a couple of things. Not only do we overwhelmingly support Chief Warshaw, but it's not just because of the type of person that Chief Warshaw is. I think everybody here knows, and everybody throughout the country, as the young lady said, knows of his abilities as a Police Administrator, of his accomplishments as a Police Chief, and what he's done now for this Police Department, and this City, and this community. But there's more to it than that. It's the process in which all this is occurring that deeply concerns us and our members. The process. Because it's more than just about Don Warshaw. It's about the blatant abuses that might be occurring or that could occur of power. It's a Mayor going in a helicopter in the middle of the night to ask for someone to fill a vacancy that doesn't exist. Chief Warshaw got into this position through the front door. He deserves the dignity and respect to leave here the right way, and to not be embarrassed and his family be embarrassed, in front of this community that he has so honorably served for so many years. You know, what I ask of you here today is that you restore some calmness to this City that it so direly needs, some leadership, and restore some of the calmness, and let's do this correctly, by Charter. Let's follow the process. And I, too, am not satisfied with the answer. I'd like to hear an answer from the City Manager today. What is your feelings? How do you feel about our Chief? Thank you, Mr. Chairman. (APPLAUSE) 46 December 9, 1997 Chairman Hernandez: Thank you, Tony. Please, I'm going to ask you one more time. We can't clap after everyone says a statement. If we can stay quiet, we can continue the public hearing. If not, I'm going to have to close the public hearing. Ma'am. Ms. Lee Santibanez: My name is Lee Santibanez, and I am from the Brickell area, 888 Brickell. And I have been a resident of Miami since 1972. I know all the Commissioners, or four of the Commissioners that are now sitting. And to be quite honest with you, I am embarrassed for the City of Miami, because in my business, I run into people from big cities all over the country, and they say that we have a puppet show going on down here now, and it's time to put it to an end. If Mr. Ruder... My rabbi says he's a very honest man and he cannot lie, and he will not lie. I don't think he'll lie, either. But I also think he's in a very embarrassing position. I would like to ask him... In the last five minutes, he's told us he was here three weeks, two weeks, and two and a half weeks. I am not sure. Maybe he doesn't know how long he's been here, but I want to ask him. The Chief of Police is a very important position in this City, and it has a lot of respect. It's one of the few things left in Miami that has a lot of respect. To me, if I were the City Manager, it would seem that this would be the most important thing that I would look at firsthand. Do I have corruption in my Police Department, or do I just have a good cop trying to do a good job, who's maybe not political, but since he's not political, are we going to fire him? So I'd like to ask Mr. Ruder, since you've been here three weeks, and this is such an important position, have you been to the Police Department yet? Mr. Ruder: No. I have been to the Police Department many times in my career, but none of them... not since I've been the Manager. Ms. Santibanez: Have you had a chance to evaluate any of the programs that Chief Warshaw and his team, and his NET (Neighborhood Enhancement Team) stations, and all these programs that they put together that allow the citizens, the common everyday citizens to go and have a cup of coffee with the Chief and ask him any question that they want? Do you know about things like that? Mr. Ruder: I know about things like that as the Director'of the Parks Department, because I've dealt with him in many of those programs. Ms. Santibanez: And do you know that it seems kind of unusual to people from other cities where... I know many people. I have probably 20 friends who have given 20 and 25 years of faithful service to the City of Miami, in a non -political, non -political position. And they're going to lose their jobs within the next four to six days. Does that seem right to you,'Mr. Ruder? Mr. Ruder: I'm not sure what you mean about losing jobs. Ms. Santibanez: We know. There are people who are being asked to retire early and make room for other people, other people who have no experience, who just happen to be friends of so-and- so. I mean, whatever I say here today is nothing that I have just heard. It's all in the media. It's in The New York Times. I'm tired of getting calls from New York. And I think we owe the Chief, and we owe the people of the City of Miami an honest answer. This is not about Chief Warshaw's ability, and nobody questions that. This is about who swings the biggest stick. OK? Chairman Hernandez: Thank you very much. Ms. Santibanez: I think the Commissioners hold the power. I hope that you know that you do. Chairman Hernandez: Thank you, ma'am. Please. 47 December 9, 1997 Mr. Thelbert Johnakin: Mr. Chairman, Thelbert Johnakin; 1345 Northwest 51 Street. I'm one that have had the opportunity to work very close with the Chief, and I find this Chief to be one of the most outstanding Chiefs in the City of Miami. Also, I under... his staff is some of the most outstanding people in the City of Miami. My understanding, what I always thought, that when you're going to dismiss somebody or fire somebody, there was complaints from the citizens. We are not here today to complain about our Chief. We are here to say that we want our Chief to keep his job. We know that we have a real great Chief. Number two, Mr. Manager, you and I, we have worked together for many years. And I find you to be one of the honest people in this City. But this is a time here that you... You're going to have to take a stand yourself, because the seat you sit in now is a hot seat. And I'm going to say to you again, Mr. Manager, the only way that you're going to deal with this is to do the right thing. And we are for the City... the Chief to keep his job because he's doing a good job. Thank you. Chairman Hernandez: Thank you very much. Ms. Feria. Ms. Ruby Feria: Thank you. My name is Ruby Feria, and I have a short statement that I'd like to read, and I think it pretty much expresses what many of us want to say. It goes like this: Aside from the civic duties, as a member and resident of this community, today, I feel the voice of many residents of the City of Miami. We have seen economic problems of great magnitude. We have experienced the worst crime wave ever witnessed in the area. We have so far lived through it all, and continue to work, what we must do as a community, to remain and try to solve some of these problems. In doing so, we realize that there is a long road yet to be travelled before we reach our goal. However, we truly believe that this community has what it takes to do so. A great part of this belief comes from the immense support and great effort of the City of Miami Police Department under the command and guidance of our Chief of Police, Donald Warshaw. I would not be honest if I was not here today to speak of what I know has been a tremendous motivation to the residents of this area in terms of the one-on-one treatment that Chief Warshaw renders to the people of our neighborhoods, and his transmittal of that to a team of excellent police officers in charge of our areas. We have learned that we have one of the finest police departments in the nation, and we are proud of that. We believe our officers are top of the line. We know the area... they know the area in which they work, the elements that affect it, and most importantly, they know the people that live in it. We've learned a great deal about working together and supporting_ one another in the fight against crime. We have learned to better understand the responsibility of police, and our responsibility as citizens. We have learned to be a part of the solution to many of our own problems. And that we have learned from the fine officers that operate our areas, and Chief Donald Warshaw, who, in a very personal way, has been a part of our lives by being there when we needed him. We applaud the way in which he has reduced the crime in our City. The results are no doubt in our minds that Chief Warshaw has played a major role in mending the relationship between residents of this community and our Police Department, therefore, lifting the morale of the residents and police officers. In another note, it is also my knowledge that members of the department, ranking from commanders to lieutenants, captains, sergeants, NROs (Neighborhood Resource Officer) and down the line of police officers that Chief Warshaw has been receptive to the suggestion of those officers who are in a more direct contact with the people of this community on a day-to-day basis, being the voice, eyes and ears of the community, with the department, bringing our concerns right up to the top and answers right back down to us. Having said that, and on behalf of myself and the members of this community, I urge the Mayor and these Commissioners to reconsider any decision that would replace Chief Donald Warshaw as our Chief of Police. We ask you this for the sake of our neighborhoods, in order to keep the stabilization and trust it has taken us so long to attain. Please take into consideration the sentiments of the residents of Miami, and particularly those who respectively elected you again as the members of our City. In closing, I would like to emphasize that on election day, it became rather obvious that we, the people of this community, stand 100 percent behind you all. This time, we need you 100 percent behind us. Let us keep our Chief of Police, Donald Warshaw. Thank you. 48 December 9, 1997 0 Chairman Hernandez: Thank you very much, ma'am. (APPLAUSE) Chairman Hernandez: Ma'am, two minutes. Ms. Alberta Jenkins: My name is Alberta Jenkins. I live at 749 Northwest 61 Street, Apartment 5, Miami, Florida, 33127. If you are familiar with the City, you know where I live. I have been a witness of what he has done for the inner City. I am living there by choice. I have nothing to keep me here. I am living there because I want to stay in the trenches and try to help the City. First of all, I manage an apartment building. I have seen the support that I've gotten from the Chief, that he gets down in the trenches with us. We want to have him to meet with us, he comes to the churches, he comes to the police station, he gives his support. But what.I see... If you all can remember, there's one thing I was always taught. When it comes to a raise on a job, and respect, you have to earn it. It's not given up just to be handed out. So we're not talking about a raise here, but his respect, he didn't get it today. He doesn't get it at all. And I think I look at it as being like a game of "Jungle." Keep building up the blocks, and he's there to the top, and all you've got to do is pull one out, and he falls. On all the years that he's dedicated to trying to help, and go through the ranks, I think we need to not... I don't even want to ask. I'm not asking nobody. I'm not begging. I don't beg. I just give you facts. The facts is... and in all due process too. He do need his chance. City Manager Ruder, believe me, I believe in processing, and I'm... just like I say, I'm not begging now. I'm telling you, I'm accepting... I'm claiming that you will make the right decision. And I do know the process of the Commission. We do have the numbers. Do you all forget that we do have an override? Even with the almighty new Manager, there is an override. Four out of five can get it. That's all. Chairman Hernandez: Thank you very much, ma'am. Next. Go ahead, sir. Mr. H.C. Wilkes: My name is H.C. Wilkes. I'm the presiding elder in the... for the Miami/Tampa District of the Christian Methodist Episcopal Church. Shortly, the same day, within a couple of hours after our Police Chief was appointed to that position, he came to the church which I pastored at that time, and came down to my office, that we might pray for our City. This has been a solidifying force in our community, the Police Chief being visible within all neighborhoods. I have walked with him in some of the'toughest areas of this City, and people reached out to touch him. He's brought a cohesiveness to our City that we've not seen. And I'm praying that this Commission and my good friend, Brother Ruder, will consider to keep our Police Chief in place so that the cohesiveness will continue within our City. It has brought us together that we are able to communicate more openly with those parts of our community. We thank you so very much, Commissioners. Chairman Hernandez: Thank you very much, sir. (APPLAUSE) Chairman Hernandez: Please. Mr. Samuel Mason: Commissioners, our Manager, I'm Sam Mason, community activist. I'm here... I'd be remiss in my responsibility to my community if I didn't come to speak for a man who has done a tremendous job in our community. Our community has stood up and honored him, and showed him how we care about him, and appreciate the way that he worked with the Police Department. We call him the point guard. He leads the parade. He sets the other officers in place. He directs them. We are here to see that he get his just day. And Brother Ruder, I've been knowing him for 18 years. We've been out there in the trenches together for many years. 49 December 9, 1997 And he's fair. I'll put my reputation on the line on that. But we didn't come here to bury Chief Warshaw. Chief Warshaw is an honorable man. Remember that. Thank you, sir. Chairman Hernandez: Thank you very much. Sir. Mr. Mariano Cruz: Mariano Cruz, 1227 26th Street, Miami. I don't come here as a popularity contest. Many of the things I'm going to say, many people won't like them. But I have to please myself first. And one thing I say, people don't remember when Kenneth Harms was fired at three in the morning, four in the morning by Howard Gary? It happened here. I think when a new Administration comes, they have a right to whatever... it's the spoils system, been going on in this country forever and ever. I remember from Tammy Hall down,. Daly, everything. And now, I think I agree that Mr. Ruder is the Manager. He should be allowed to do whatever he has to do in the time that he needs to do it. I'm going... because they say about the NETs, and you know, what the police have done. And my personal experience, my family with the Police Department in the last few years has been very bad. My car has been all broken in, into my house. The only thing the police has done, when they used to go to report there, go there, file a report, they have never called me back. My wife car was broken into five in the afternoon at the program she was at the school, picking up my grandson. And you know what? I can bring you all the neighbors. She was told to go to the NET. All the neighbors. She was... drive to the NET at 22 and Hagler. Nobody could drive, the police officer couldn't drive through the parking lot of the Progresiva School to file a report there or do anything. No, no, no, we are too busy. Doing what? Sandbagging in the street corner, giving tickets to the people making left turns? That's what they're doing, instead of taking care of us. Because I live in Miami. Half of these people don't live in Miami. They work in Miami, but they don't live in Miami. And I say that. And I'm tired of that.. People... non-residents pressuring you to tell you what to... We vote for you. You Commissioners represent us residents and taxpayers of the City of Miami. And they say everything is good inside the Police Department. What about quotas for dollars? What happened to that? What's going on to that? What happened to the Figueroa case, they had... that was in The New Times some time ago? Right? They were reported on the radios and all that. I've been in the newspaper. I'm not afraid of saying those things. I live in Miami - 1227 26th Street. I am in the phone book. I am tired of these people, they got interest on that. And you pressuring Ruder, when you say you're going to , do by Allapattah. I invite you to go to Allapattah two times at the Metro Commission. You never bothered to go to Allapattah. And now, you say that you're going to do for Allapattah. You got four years to do for Allapattah, Little Haiti, for Overtown, and you did nothing. Because I invited you there, and you know what? Mary Wilson told me that you were a very important politician. You didn't have time to go there - that's what you told me - to walk 17th Avenue. And now you're going to do for us now? Empty rhetoric. That's what it is. Thank you. (APPLAUSE) Mr. Manuel Gonzalez-Goenaga: After I'm finished, you decide which nickname to put me. Commissioner Plummer: Any what? Oh, oh, OK. Mr. Gonzalez-Goenaga: Nobody in this community... Chairman Hernandez: Please, please. Mr. Gonzalez-Goenaga: Nobody in this community can teach me about policing. I ran for strong Mayor all over Dade County, and one of my basic issues was that I was the most knowledgeable candidate on policing, because I have been arrested ten times. And let me tell you, the issue is not Chief Warshaw, or the show of wars. No. The issue is prudence, because as I have said here many times before, governments, like trees, start to decay from the top down. 50 December 9, 1997 We have made a grievous error. We need to correct that error. And I am going to present in the next Commission meeting an ordinance, a proposed ordinance that a psychiatric evaluation for all candidates should be given by three psychiatrists. One is not enough. Thank you very much. Chairman Hernandez: Thank you very much. (APPLAUSE) Chairman Hernandez: Sir, sir, state your name and address for the record, please. Commissioner Plummer: That means Goenaga will never be able to run again. Mr. Modesto Hernandez: (Comments in Spanish.) Chairman Hernandez: Who is going to translate? (Speaking in Spanish.) Mr. Ruder (Translating for Mr. Hernandez): His name is Modesto Hernandez. He's the owner of Hernandez Printing Service. I think this is the first time, that he comes before the City Commission. I come here without any pressure from anyone, and without necessarily supporting anyone. I come here to talk about someone who's done a lot for this City. I was punished by the gangs for the delinquents. And I was... I lived terrorized because my walls were always graffitied. They would break my windows. They would threaten my life. They told me that I was a spy for the police. One time I contacted Chief Warshaw, and he said, Hernandez, come to my office, that I want to talk to you. Never before has a Chief contacted me to tell me to come to his office to talk about his concerns. He's a man who has united all the communities, and there's less racial division because of his efforts. And sincerely, if Mayor Suarez wants this City to move forward, we need to support the Chief, not get rid of him. (APPLAUSE) Chairman Hernandez: Thank you very much. Mr. Flowers, you have the floor. Mr. Charles J. Flowers: Good afternoon, Chairman, Commissioners, and City Manager Ruder. I'm Charles J. Flowers, Chairman of Overtown Advisory Board, and I do live in Overtown, in Spring Garden. I'd like for the Chief to know and the Commissioner to know that the Overtown Advisory Board supports the Chief 100 percent, and hopes that everyone on the Commission and the Manager do the same. Thank you. Chairman Hernandez: Thank you, Mr. Flowers. Ms. Jude. Ms. Sallye Jude: I'm Sallye Jude, and I have worked in the last 20 years in East Little Havana. And East Little Havana has been called Little Vietnam. And we have put forth many efforts with many people working. But I have to tell you that in the last few years, we have really been making a difference. We have citizens on patrol. We have people volunteering and becoming a part of a community that is a very difficult community to become a part of. Mr. Ruder has been a part of this, and knows what I speak of. And I think we have to think that our Police Chief has been part of that focus that has made a tremendous difference for us all, and is something that we need to continue to move forward with, because to be a great City, this has to happen. Chairman Hernandez: Thank you, Ms. Jude. Mr. Morales. Reverend Josh Morales: Good afternoon, Mr. Chairman and Commissioners. My name is Reverend Josh Morales. I'm a reverend at a church, House of Praise, at 3501 West Flagler Street, and I'm also a community activist for the Puerto Rican community throughout the City of 51 December 9, 1997 Miami, especially in Wynwood. The reason why I step up is not necessarily to support or dis- support Mr. Warshaw, but to say that whether it's in a family, or an organization, or a City, or whatever type of place it may be, change is always difficult. And we're going through a time of change right now. And I feel it is imperative that we don't put the type of pressure that we're putting on our elected officials. I'm not saying that they should give the answer today or they should give the answer next week. I'm just saying make a thoughtful decision. And if we voted for certain elected officials, which are here before us, and the Mayor, then we should put our trust and confidence in them that they will make the right decision. So my... What I want to say is basically to the people of the City of Miami, let's be patient. Let's deal with these growing pains and these changes so that we can have a better City, and let's not rush to judgment. I believe the Chief has done a good job, but I also believe in our elected officials, and I believe we should give them the opportunity to make the right decisions and evaluate all things that are here together. Thank you. Chairman Hernandez: Thank you, Reverend Morales. Senator Silver. Thank you. Senator Ron Silver: Ron Silver, State Senator from District 38, which covers a portion of the City of Miami. I want to first congratulate you, Mr. Chairman, on your new position, and Commissioner Teele on his election to this Commission, and all those that won reelection this last time. This is my first opportunity to appear before you in your new positions. Commissioner Plummer: What about us? Senator Silver: J.L.... Commissioner Plummer: Keep it up. Senator Silver: Yeah, right, exactly. I just wanted... I came down here today, and I don't know if this is good, bad or indifferent as far as politics is concerned, but I don't care. I just want to tell you what I'm thinking about. And I gave you my letter today that... unfortunately, I just hand -delivered it to you before, and I didn't get a chance to send it out before that. But those of you who know me know that I've been very involved in the criminal justice legislation in Tallahassee. I've chaired the House Criminal Justice Committee, the Senate Criminal Justice Committee, I've been on a 'lot of task forces involving the issue, and I now serve as Subcommittee Chairman of Ways and Means in the Criminal Justice Area. I want to tell you, we have gone through a lot in this community regarding the crime situation, and the State. I have worked with a lot of Chiefs of Police throughout the State and here in the County and the City. I can tell you, there's no one that I can think of that does a better overall job of his duties and responsibilities than Chief Warshaw does. I can tell you from the standpoint of dealing with a lot of these folks, it's not easy to get somebody that blends all the good things together. You know, sometimes, you can have somebody strong in one area and weak in another area. The Chief here gets along with everyone, I believe, in the law enforcement community. I've never heard anybody say something negative about him. And I think those statements that have been made today are entirely appropriate. And I certainly recognize the change... the responsibility of a new Administration coming in to want to make changes, if they desire to do so. I respect that. My purpose here today is to tell you that I think in this instance, because you're not only affecting... And I know that your only responsibility is to the City of Miami, because you're elected by the residents of the City of Miami. But this has an effect not only on the City of Miami, this has an effect not only on Dade County, but the whole State of Florida. We are, I think, making tremendous progress in the criminal justice area. We are seeing the criminal justice statistics go down. Just... I want to remind you, just a few short years ago, a couple years ago, we were in the headlines all over the world, OK? And all it takes is one act to hurt our tourism trade, and that affects all of us in this great State. I would urge you - I think this is a decision of the utmost importance to all the citizens of Florida - that you take whatever time the 52 December 9, 1997 0 • Manager feels he needs to take in order From my standpoint, as working in this sake of change would be wrong in thi Administration comes in would be wron needs somebody that is respected by th respect, from what I'm hearing, and from I would urge... I would just urge you t changes. Thank you very much. g e to make this decision. But I've got to tell you this: community and working on this issue, change for the s area. Change just for the sake... because a new in this particular area. This is a high profile area. It overall community. And I think the Chief has that what I'm seeing, and from what my experience is. So o retain the Chief in that position and not make any Chairman Hernandez: Thank you, Senator. Next. Mr. Felix Cobo: (COMMENTS IN SPANISH). Mr. Ruder (Translating for Mr. Cobo): Good afternoon. My name is Felix Cobo, resident of Robert King High, a senior center. I am 70 years old. I'm on the citizen patrol working together with the East Little Havana NET Administrator, Pablo Canton, and I proudly wear the badge that is signed by the Chief of Police. Democracy is a very important part of the community, and that's why I proudly serve on citizen patrol, which is working very hard to get rid of crime in the community. He thanked Commissioner Regalado for his efforts... I'm sorry. The Chief of Police... for all their efforts in helping out at the Robert King High Towers. He once again is talking about the group that is involved with the Little Havana NET and the citizens patrol. Chairman Hernandez: "Muchas gracias." Ms. Miriam Agras: Good afternoon, members of the Commission. My name is Miriam Agras, and I reside at 613 Northwest 10th Avenue, and I'm a citizen and a taxpayer. And I'm ashamed to say this is the very, very first time that I attend a Commission meeting, but this issue is of so much importance to me that I decided to attend this meeting. I feel that the Police Department under Chief Warshaw has done an excellent job for the community in general, and that change for the sake of change is not worth it, and that Mr. Ruder should act accordingly, but he should not be pressured into making any decisions. And decisions should not be made on a whim. They have to have... they have to have cause, and he has to review everything very carefully. And if he reviews the records and everything carefully, he can see that the Police Department has a very, very good morale, and that's the way it should be kept. We are on the eyes right now of everybody. Everybody is looking at our City, and all we are showing is that we just don't have a handle on what's going on. So basically, if it isn't broke, don't fix it. Chairman Hernandez: Thank you very much. Mr. Joe Wilkins: My name is Joe... excuse me. My name is Joe Wilkins. I live at 228 Southwest 23rd Road. For many years, I was very active with the Police Department as chairperson of the Area -Wide Crime Prevention Council. For a long time, this community suffered very dearly because there was a gap between the community and the Police Department. Chief Warshaw has done more than any other Chief to bridge this gap, to bring the community and the Police Department together. Politics and policing do not mix, they should not be mixed, and Chief Warshaw should be kept on as our Chief. Thank you. Chairman Hernandez: Thank you very much. Chief Warshaw, you will have the final word on this public hearing. Chief Donald Warshaw (Chief of Police): OK. I'll just say a couple of words. Thank you, Mr. Chairman, Commissioners. Let me just say, I'm overwhelmed and flattered by the comments that have been made by citizens, and the turnout of police officers. And I think you all know me well. I've never been a person who supported in any way mob rule, or buttons, or T-shirts, or 53 December 9, 1997 rallies. That's never been my style. And it's unfortunate and kind of sad for me in many ways that this has to happen this way. But as I look around the room, I think what makes the Police Department as special as it is... and you know some of the people who are here. If you empower people and give them the opportunity to perform, they perform, and they shine. And I look around the room, and I see people like Manny Gomez, who rides a horse in Little Havana, has made a tremendous difference in the way police are perceived there. I see Brenda Williams, a lieutenant who has changed the attitudes that people have towards police officers in Model City, or see Hector Morable, or Sebastian Aguirre, a lieutenant who's changed... (APPLAUSE) Chief Warshaw: ... who's changed the way people see and perceive the police in the northeast section of Miami. And I can go on, and on, and on. And really, it's been said this really isn't about me. You've heard me say before, I was given a gift from God, and I was blessed to be Miami's Police Chief, and it's been a wonderful experience, and I certainly hope to continue. But I must tell you that there are some wonderful people here. And my staff, these are some of the finest police executives anywhere in America, and the vast majority of them could be a Chief of Police in any City in America. And this came from hard work and years of opportunity where they were given a chance right here in front of all of you to shine and show you who they are, and be given a chance to do the kinds of things that Miami is famous for. I see Paul Shepard, a major who's planned for years, going back to when he was a captain in the Orange Bowl Parade and made Miami shine in the eyes of the world. These are not easy things to do, to put together a parade for five hundred or seven hundred thousand people, and do it incident -free, without any trouble. So these are the kinds of people you have. And I know you're all proud of them, as I am, and I just would have very remiss if I didn't say some things about them, because, really, they're what makes the City shine. So I thank you very much, and I thank the people here very much for coming out. Thank you. (APPLAUSE) Commissioner Regalado: Mr. Chairman... Chairman Hernandez: One second. Commissioner Regalado: Sure. Chairman Hernandez: Mr. Ruder, thanks for answering our questions. Commissioner Regalado. Commissioner Regalado: Just a brief note. I said I wasn't satisfied with the response that I had from the Manager. Well, technically, I am still not satisfied. But after listening to the people of Miami, after hearing my colleagues here in the City Commission, and after knowing that our City Manager knows that it's he and only he who has to make the decision, and knowing that always, he has done the right thing, I can safely say that we can leave here tonight saying that most likely, I'm almost sure... I'm positive, because I'm sure that Mr. Ruder is going to do the right thing, that by January the 4th, we will have still Don Warshaw as the Chief of Police. (APPLAUSE) Chairman Hernandez: All right. Thank you very much for your comments, all of you that have... you're welcome to stay if you'd like. We're going to go on to issue number 3 now, item number 3 on the agenda. Commissioner Plummer: Why don't you take a five minute break. 54 December 9, 1997 Chairman Hernandez: Let's recess, a small recess. Commissioner Regalado: Mr. Chairman, yeah, we need five minutes break. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:03 P.M. AND RECONVENED AT 4:19 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONER GORT, FOUND TO BE PRESENT. ---------------------------------------------------------------------------------------------------------------- 6. RATIFY / APPROVE / CONFIRM CITY MANAGER'S DETERMINATION TO ACQUIRE COMPUTER HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SEVICES FROM UNYSIS CORPORATION WITHOUT COMPETITIVE BIDDING -- FOR TWO YEARS -- ALLOCATE $780,000 FROM ACCT 001000.460101.6.670 AND CIP PROJECT 311015. Chairman Hernandez: And proceeding with the agenda, we are now on item number 3. If I can ask for quiet, please. Item number 3 on the agenda. Commissioner Plummer: I move itgem number 3. Ghnirmnn Hernnndeza We have n motion for item number 3 by Commiiieioner Plummer, DE, we have a second? Commissioner Regalado: Second. Chairman Hernandez: We have a second by Commissioner... Commissioner Plummer: Under discussion. Chairman Hernandez: We have a second by Commissioner Regalado. We are now under discussion. NOTE FOR THE RECORD: Commissioner G'ort enters the Commission Chamber at 4:20 p.m. Commissioner Plummer: Mr. Chairman... Chairman Hernandez: Please, can I have some quiet, please? Please. Commissioner Plummer: Mr. Chairman, I'm voting for this issue because it is ratifying something that has taken place prior to today. I am uncomfortable with the fact that this did not go out to competitive bidding. But we have due and owing a bill, and for that reason, I move the issue. But I want to say to the department, in the future, I want to see competitive bidding. You have the time and let's do it properly. Thank you. Chairman Hernandez: Thank you very much. We have a motion by Commissioner Plummer, a second by Commissioner Regalado. All those in favor, say "aye." 55 December 9, 1997 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-869 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT THE MOST ADVANTAGEOUS METHOD TO MAINTAIN THE A-17 MAINFRAME IS TO ACQUIRE SAID SERVICE FROM UNISYS CORPORATION, WAIVING THE REQUIREMENT FOR COMPETITIVE SEALED BIDDING, AND APPROVING THE ACQUISITION OF COMPUTER HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SERVICES FROM UNISYS CORPORATION, FOR A PERIOD OF TWO YEARS COMMENCING WITH FISCAL YEAR 1996, AT A TOTAL COST NOT TO EXCEED $780,000; ALLOCATING FUNDS THEREFOR FROM THE FY '97-98 OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, IN THE AMOUNT OF $350,000 FROM ACCOUNT CODE NO. 001000.460101.6.670 AND $430,000 FROM CIP PROJECT NO. 311015, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS PURPOSE. (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. Mr. Manuel Gonzalez-Goenaga: It's a public hearing, Mr. Chairman. Chairman Hernandez: Comments. Mr. Gonzalez-Goenaga: Well, this is a "fait acompli," because if you already voted... Chairman Hernandez: I'm sorry, I didn't raise my head and I did not see you before we voted, but go ahead. Mr. Gonzalez-Goenaga: OK. I am sure that you... I will never be able to change the minds of these honorable Commissioners. But anyway, the issue is that on every single agenda, I see issues of mini frame, macro computers, micro computers, microscope surplus stuff we are giving to Metro -Dade Police Department. And I see a lot of total integration. In my sick mind, I have 56 December 9, 1997 always learned that when you establish a computer .programming, goes generally in total coordination and integration. And only in the City of Miami on every single Commission meeting, we have a purchase, saying, "trueque," barter, god heavens. When are we going to have... can somebody explain me in simple language, when are we going to have the computers that we really need? A question, and I hope to hear an answer, a reasonable, common sense. Chairman Hernandez: Chief Rollason. Mr. Frank Rollason (Director, GSA): The reasonable answer to that is the technology is constantly changing, and we have to keep up with that, and that is the process. Commissioner Plummer: Mr. Chairman, can we have... we have 4,000 policemen. Chairman Hernandez: Yeah, please. Commissioner Plummer: Could we get a couple of them to go out there and be... common courtesy? Thank you. ---------------------------------------------------------------------------------------------------------------- 7. PERSONAL APPEARANCE: STEPHANIE B. MAYS (ORANGE BOWL COMMITTEE) -- APPROVE REQUEST TO DEFER PAYMENT FOR POLICE SERVICES AT 1997 ORANGE BOWL'S PARADE. ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer' We're ready for item number 4. Chairman Hernandez: Item number 4. Ms. Stephanie Mays: This is Stephanie Mays, Assistant Executive Director with the Orange Bowl Committee. We're requesting deferment of payment of the police services until after the event, until after we have had time to review the billing, and work with the Police Department. And that's our request at this time. Chairman Hernandez: Is it a 30-day deferment? Ms. Mays: If that would please you, yes. Chairman Hernandez: I would recommend a 30-day deferment. Commissioner Plummer: I'm failing to... miss anything. You know, the Orange Bowl Committee is an honorable group. But I don't want to put the policemen in the perspective of having to argue about their money after the fact. Captain Joseph Longueira (Police Support Services.): Excuse me, Commissioner. The officers will be paid on time. It's just that the City will be reimbursed. And in the past, last year, it took the City approximately three weeks to invoice them, and it took them about one week to pay us. Commissioner Plummer: Thank you. Captain Longueira: So we'll be paid in a timely manner. Commissioner Plummer: Thank you. I just like the idea... I like... 57 December 9, 1997 Commissioner Gort: Move it. Commissioner Plummer: ... to be paid in advance. OK, all right, so be it. Commissioner Teele: Second. Commissioner Gort: Hey, you're lucky. In your business, they have to pay in advance. Chairman Hernandez: We have a motion by Commissioner Plummer, second by Commissioner Teele... Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-870 A MOTION GRANTING REQUEST TO REPRESENTATIVE OF THE ORANGE BOWL COMMITTEE FOR 30-DAY DEFERMENT OF PAYMENT TO THE MIAMI POLICE DEPARTMENT FOR POLICE SERVICES AT THIS YEAR'S UPCOMING ORANGE BOWL PARADE, PRESENTLY SCHEDULED FOR DECEMBER 31, 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. --------------------------------------- ------------------------------------------------------------------------ 8. GRANT WAIVER OF NOISE ORDINANCE AND TIME LIMITATION WITH CONDITIONS FOR 20TH CENTURY FOX FILMING "THERE IS SOMETHING ABOUT MARY." Chairman Hernandez: Item number 5. Item number 5 has been withdrawn. It was a... consent agenda that took care of that. Commissioner Plummer: I move item 6. Commissioner Teele: Second. 58 December 9, 1997 Chairman Hernandez: Motion by Commissioner Plummer, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-871 A RESOLUTION, WITH ATTACHMENT, APPROVING CERTAIN WAIVERS, TO THE EXTENT REQUESTED BY 20TH CENTURY FOX IN ITS LETTER DATED NOVEMBER 25, 1997, FOR THE FILMING OF THE MOTION PICTURE ENTITLED "THERE'S SOMETHING ABOUT MARY," BY: (1) WAIVING THE RESTRICTIONS SET FORTH IN SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT PERTAINS TO LIMITATIONS FOR NOISE AND SOUND MAKING DEVICES, ETC.; AND (2) WAIVING THE RESTRICTIONS SET FORTH IN SECTION 1401 OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT PERTAINS TO TIME LIMITATIONS FOR APPLICATIONS OF CLASS I SPECIAL PERMITS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 9. DISCUSS / DEFER PERSONAL APPEARANCE OF CAMILLE MERILUS REGARDING 194TH INDEPENDENCE OF HAITI PARADE -- FURTHER DISCUSS NEED TO DEVELOP POLICY FOR EXCEPTIONS TO FEE WAIVERS. -- SEE LABEL 14. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item number 7... 6-A. Commissioner Plummer: Move... What about 6-A? Chairman Hernandez: Six -A. 59 December 9, 1997 Commissioner Plummer: Move it. Commissioner Teele: Second. Chairman Hernandez: I have a question. We have a motion by Commissioner Plummer, second by Vice Chairman Teele. Under discussion. I supported this parade last year, and I have an issue here that I researched that last year's dues are still owed. They're still outstanding for the parade. Can I have someone from the Administration discuss that or give us an explanation on that? Commissioner Plummer: Well, excuse me. The usual policy is they cannot be approved until they have paid up any past... due and owing. Chairman Hernandez: I'm under the impression, and they've been... they've told me in our research that they have not paid anything. Commissioner Plummer: Then they can't have it this year. Chairman Hernandez: Well, that's why I'm bringing it up under discussion. Commissioner Plummer: Why didn't somebody tell us? Commissioner Gort: Is anybody here on this item? Chairman Hernandez: There's nobody here. Commissioner Plummer: I withdraw my motion to approve and defer until the Administration can come back. Chairman Hernandez: We've got a motion to defer. Is there a second? Commissioner Teele: May I ask, Mr. Chairman? Chairman Hernandez: Go ahead. Commissioner Teele: What is the amount in question? Commissioner Gort: Forty... fifty thousand dollars ($50,000). Forty-nine two seventy-eight. Mr. Frank Castaneda (Director, Community Development): They're asking for a grant of forty- nine thousand two hundred seventy-eight dollars ($49,278). Commissioner Plummer: The question wasn't... It is, "How much do they owe us from last year?" Chairman Hernandez: It is my understanding that they did not pay the fees last year. That's simple... Commissioner Plummer: But the question is, how much is that? Is it... Commissioner Teele: How much are we talking about? What's in controversy? Mr. Castaneda: Commissioners, I do not know. But they are requesting forty-nine thousand dollars ($49,000) to hold this event this year, from the City of Miami. 60 December 9, 1997 Commissioner Plummer: But wait a minute, wait a minute. Is this... Is that all they're requesting here? What else... It was not my idea that this was a request for money. Chairman Hernandez: Well, it's to waive fees for the parade. Commissioner Gort: It is, yeah. Chairman Hernandez: And that's what came before us last year. We decided to waive it and the... Commissioner Gort: No, no, we didn't waive it. Commissioner Plummer: But the Oversight Board will never approve this. Commissioner Regalado: But why not? Commissioner Plummer: Because who's going to pay the policemen? Who's going to pay the fees? Commissioner Teele: May I ask something? Chairman Hernandez: Go ahead, Vice Chairman. Commissioner Teele: How much did the Marlins pay for their parade? Commissioner Regalado: Nothing. Commissioner Plummer: I have no idea. Commissioner Regalado: Nothing. And how much... Commissioner Teele: I mean, no, no. This is a serious question, Mr. Manager. Commissioner Plummer: Yeah, I understand. Commissioner Regalado: And Commissioner... Commissioner Teele: How much money did the Marlins pay for their parade? Mr. Alberto Ruder (City Manager): I wasn't involved in that parade. I'm sorry, Commissioner. I could find out for you, but I don't know that they paid for anything. Commissioner Regalado: Commissioner Teele, if I may. Mr. Chairman, last Saturday, we all walked on the parade, and there were a lot of City of Miami Police Department which... I think that they... what they did is they combined their hours off and on of work. I don't know if we paid overtime, but certainly, the organizers of the parade did not pay the overtime to the City of Miami Police Department. So, you know... Chairman .Hernandez: I'll tell you... Commissioner Regalado, I'll tell you what happened, because I helped them organize that. They came for my assistance. Police fees would have been over thirty thousand dollars ($30,000). What happened is, instead of a parade, it was called a demonstration. Whenever there is a demonstration, the Police Department has to provide services. And therefore, they did not pay for the demonstration. That was how, basically, we 61 December 9, 1997 0 1 0 explained that. Now, the situation that we have at hand... And it's going to happen again in two parades. We got the Martin Luther King Parade, which we alway co-sponsor. we have the Three Kings Parade, which we also co-sponsor. These are important parades in our community. I think we should take part in them. And we have to go back to a policy that we set last year, which we were not going to waive fees any longer. Now, this gentleman... which I endorsed this parade last year. I took the forefront on that. He promised he would pay the fees, and he did not pay the fees. Now, unless he cantell me otherwise, he is in default of what he promised to do before this Commission. And I think we should defer it, bring it back, and make a decision on that, as to the facts. Commissioner Teele: So move, Mr. Chairman. Commissioner Gort: Mr. Chairman... and second the motion. Chairman Hernandez: Commissioner. Commissioner Gort: Discussion on the motion. I think it's important that Commissioner Teele understands, and I think that it's a good question, who paid for the different parades that we've had. Because we took... Because of the crises that we've had in here, we took a decision that we eliminated it out of the budget. Commissioner Teele, we used to have about one point five million dollars ($1.5 million) in donations and waiver of fees that we used to do, and we had to remove that in order to balance the budget. And I think we have to take that into consideration, sir. So if this is going to be deferred to the 18th or... I'd like to get some information on that, too. Commissioner Teele: Mr. Chairman... Mr. Manager, let me say this: If this were a parade that had... to honor an individual, or to have a special day, that would be one thing. This is a very fragile community. Now, we're talking about the independence day of Haiti. The Haitian community is a very important partner with us in this community. And I think the Manager should look at a calendar, and we should develop a policy, and we should ensure that all segments, important segments of this community are afforded the same opportunity. Because I can tell you what's going to happen. The Marlins are going to get their parade for free. That parade probably... If this parade cost forty thousand dollars ($40,000), that parade would cost four hundred thousand dollars ($400,000) for the Marlins. I mean, how big can a parade in Little Haiti be, and how expensive can it be? What's going to happen is the parade in honor of Cuban independence is going to have theirs and we're not going to... and we're going to call it a demonstration. The Three Kings Parade, we'll all figure out a way to do it. And what's going to happen is something... and some people are going to fall through the cracks. And then, it's going to look personal, it's going to look petty, it's going to look... We just need to take a comprehensive look. I'm not saying that we should or shouldn't support the Nicaraguan day independence. That's an important segment of our community. But I'm not sure that we ought to fund the... Chairman Hernandez: And the Martin Luther King Parade, which is extremely important. Commissioner Teele: No, the Martin Luther King is a new... that's no longer a parade. That's the Martin Luther King demonstration. Chairman Hernandez: All right. Commissioner Teele: I'm learning. OK. Chairman Hernandez: Oops. 62 December 9, 1997 Commissioner Teele: But we really do need some clarity. Chairman Hernandez: I agree with you. Commissioner Teele: And I think the Manager can help us. Mr. Ruder: Yes. We'll come up with a policy and present it to you. Commissioner Teele: I think what we need is a list of the exceptions to the policy. Chairman Hernandez: Right. Commissioner Teele: Then we do it one time so that -we can figure out if we're balanced in how we're approaching this, because we've got a policy, but the problem is that we're always waiving our policy, see. That's the problem - not the policy, but the waivers. A motion to defer has been made, Mr. Chairman. Chairman Hernandez: So we have a motion to defer by Vice Chairman Teele and seconded by Commissioner Willy Gort. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote in favor. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-872 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 6-A (PERSONAL APPEARANCE BY CAMILLE MERILUS IN CONNECTION WITH COMMEMORATION OF THE 194TH ANNIVERSARY OF THE INDEPENDENCE OF HAITI) TO A LATER DATE; FURTHER DIRECTING THE ADMINISTRATION TO BRING BACK BEFORE THE COMMISSION A FINAL RECOMMENDATION FOR DECISION REGARDING SAME. 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. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 63 December 9, 1997 11 9 ---------------------------------------------------------------------------------------------------------------- 10. FIRST READING ORDINANCE: AMEND SECTION 1 OF ORDINANCE 11337 CAPITAL IMPROVEMENTS APPROPRIATIONS -- INCREASE BY $676,010. APPROPRIATIONS TO CAPITAL IMPROVEMENT PROJECT 312010 "POLICE MOBIL DIGITAL TERMINAL REFINEMENT". Chairman Hernandez: Item number 7. Commissioner Plummer: Move it. Chairman Hernandez: We haev a motion by Commissioner Plummer. Do we have a second? Commissioner Regalado: Second. Chairman Hernandez: We have a second by Commissioner Regalado. Under discussion. Mr. Cruz. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'd like to address the Commission on this issue, even if sometimes it's an exercise in futility, because this is already approved. It's something for the Police Department. I would like... because I'm looking for the backup material there. There is no backup material. So I don't know what a police mobil digital terminal refinement is. I don't know how... what it is, how it is going to help us to fight crime or do things, if that money is being paid from the Law Enforcement Trust Fund or the general fund, or that's part of the general budget, or how come six hundred thousand... No wonder when you go to the parks, there is no programs in the parks. We have buildings in the parks that... with no programs there. And my trash is being picked up the.second day, not the first day, because they don't have enough people, personnel in the Solid Waste Department, because more and more and more of the money is going to the Police Department. Then you got ten or 15 Assistant Chiefs there. So much there. Why? I want to know, where is that money going? How is it going to affect us? I want to know. Even... I know you're going to vote for it, but still, I want to have an answer, because there is no backup material there. Commissioner Plummer: Because it gives us a much better Police Department and the tools... Mr. Cruz: What it is? Commissioner Plummer: ... and the tools that they need to keep abreast of the things that are going on in this community. Mr. Cruz: Oh. That way, my wife can drive to the NET (Neighborhood Enhancement Team) place with a broken car to have a report. Commissioner Plummer: That's fine. That's true. That's true. Mr. Cruz: Yeah. Instead of the policeman going there and taking it, with a little kid or something. Commissioner Plummer: That's true. Captain Joseph Longueira (Police Support Services.): Commissioner, it's no general fund monies. 64 December 9, 1997 0 - 0 Chairman Hernandez: Captain... Mariano, if we can let him give you an explanation. Go ahead, Captain Longueira. Captain Longueira: There are no general fund monies involved, Commissioners. There's grant monies, Police GO (general obligation) bond monies, and monies from the Law Enforcement Trust Fund. And these are to put the computers in the police cars where policemen are doing actual policework out in the street. And since we've done this - we have about 310 units out there so far - our criminal history checks to FCIC and NCIC have increased by over 300,000 checks so far. So they are doing a lot of good policework with this. And one officer was trained, and when he left the station, eleven minutes later, he found a stolen car with his new computer. So this is a real crime fighting tool. Mr. Cruz: Well, let me ask you a question. How come, when the people stole my wife's ATM card, and they went to there, and there is a picture of the guy getting money from the ATM card, nobody has gone to the bank, and nobody has called us about that? Because they make a report, case number, and that's all we got. And there is no follow-up. Man, I don't have to call you. You have to call me. That's where it's going. That's why I get frustrated. I have to come here. Mr. Manuel Gonzalez-Goenaga: Just as an issue of clarification. You are fully aware that I have ten arrests in this City of Miami. How will... If I am stopped by the police, will my ten arrests appear there, will appear there in that computer, even if I was... I was cleared of all the arrests? Commissioner Plummer: They have you set up on a separate hard disk. Mr. Gonzalez-Goenaga: No, I want to make sure because... Commissioner Plummer: Of course it... The answer is yes, it will. Mr. Gonzalez-Goenaga: Even... So in' other words; until I go to court and order'a Judge to clear all my vicious arrests by this honorable department, they stand there and they will appear in the computer. Captain Longueira: No. Criminal history checks cannot be received in a police car. Only current warrants and warrants by the Court. Criminal history check sare not allowed in a police car. The Court and the legislature feels very strongly about the confidentiality of that issue. Mr. Gonzalez-Goenaga: Well, mine is not confidential, because I say it every time I run for office. I confess my sins every time I come before the Commission. Do you confess yours? Captain Longueira: All the time, sir. Commissioner Plummer: Come on, please. Mr. Gonzalez-Goenaga: Thank you. Commissioner Plummer: It's late in the day. Captain Longueira: Call the question. Commissioner Plummer: Enough. You quit talking, and we will. A. Quinn Jones, III, Esq. (City Attorney): I'm going to read the ordinance. 65 December 9, 1997 Chairman Hernandez: Roll call. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY INCREASING APPROPRIATIONS TO EXISTING CAPITAL IMPROVEMENT PROJECT NO. 312010 ENTITLED: "POLICE MOBILE DIGITAL TERMINAL REFINEMENT," IN THE AMOUNT OF $676,010; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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. ---------------------------------------------------------------------------------------------------------------- 11. ACCEPT GRANT OF $100,000 FROM U.S. ENVIRONMENTAL PROTECTION AGENCY TO CONTINUE REGIONAL BROWNFIELDS DEMONSTRATION PILOT PROJECT WITHIN ENTERPRISE COMMUNITY -- PROVIDE COMMISSIONERS WITH DATA REGARDING INDIVIDUALS INVOLVED IN THE PROJECT'S OPERATION COMMENTS REPROPOSED CEMENT PLANT IN WYNWOOD --FURTHER DIRECT CITY MANAGER TO MEET WITH COMMISSIONER TEELE CONCERNING BROWNFIELDS PROJECT. Chairman Hernandez: Item number 8. Commissioner Plummer: Eight and 9 are one and the same, and 10. I think it's Tomas who had the questions on this. Commissioner Regalado: No, no. This is not about... this is not about the process. This is just accepting the money. The process is not coming to us just yet. Commissioner Plummer: Well, OK. I understand what you're saying. But Mr. Manager, I would like to know, as I read over the material that I got this week, I'd like to know the names'of the individuals who are involved in that Brownfields operation. And I would like a background check run on these people, as to who they are. I'll move under those scenarios... I always accept money. I move 8, 9 and 10 in a hurry. -First with 8. 66 December 9, 1997 Commissioner Gort: Second, and cinder discussion. Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Gort. Discussion. Commissioner Gort: It's my understanding that also, there is a letter of understanding that's got to be signed between us and the State. Is that in front of us today? Ms. Arleen Weintraub (Assistant Director, Planning & Development): Yes, to accept the additional monies, it is, and it's attached. Commissioner Gort: So this will take care of all the matters that we have with the State? Mr. Bob Schwarzreich: We have it here. Commissioner Gort: OK. We don't need anything else. Mr. Schwarzreich: That's the contract from the State accepting the five hundred thousand dollars ($500,000). Commissioner Gort: Right. That's in here also. Okey-doke. Chairman Hernandez: Yes, Vice Chairman. Commissioner Teele: This issue of Brownfields is a very important one. Has the entire City... Has an assessment been done of the entire City of Brownfields? Ms. Weintraub: No, sir, it has not. The City, to become a pilot project, did begin an assessment, and there were a few sites noted in Wynwood and Allapattah. With these additional dollars that we're bringing in, for a total of seven hundred thousand, that will take it further, to assess all sites throughout the City. Commissioner Teele: Let me understand this. It's the professional opinion of the staff that these are the two worst Brownsfield sites in the City of Miami? Mr. Schwarzreich: Can I... Ms. Weintraub: Sure. Commissioner Teele: Or the most important brown... I just want to understand and put on the record how these two sites... Mr. Schwarzreich: OK. I'm Bob Schwarzreich, Department of Development, Building and Zoning. Initially, the site that was chosen was in the area of Wynwood, about two blocks north of the Overtown border. This area was significantly devastated in the '80s, in terms of loss of jobs, about 70 percent loss of jobs. There were two abandoned parcels together, about five acres, sufficient to attract private sector interest. These properties were abandoned about 12 years ago. They used to be laundry and dry cleaning services. And we were able to attract private sector interest to these sites. Commissioner Teele: Mr. Manager, let me... I appreciate learning how to build a watch, but I just asked what time it was. Are these two sites the most deteriorated, the most important Brownsfield sites in the City of Miami? 67 December 9, 1997 0 -0 Mr. Schwarzreich: I would say yes, very strongly. Commissioner Teele: Thank you. Thank you. Commissioner Plummer: I have a question. Chairman Hernandez: Go ahead, Commissioner Plummer. Commissioner Plummer: Did I read correctly that the private sector is going to be engaging in the business of making concrete? Mr. Schwarzreich: OK. Last January, Jose Diaz came before you. He has a concrete plant in West Dade. He was looking for a substantial site in Miami to serve downtown Miami, as well as Miami Beach. You know, the location is very good. At that time, the Commission decided to reduce the demolition lien on that property. The City had demolished the property, the building, about two and a half years ago. Commissioner Plummer: All right. You're getting way beyond my question. You've answered it yes, that they're doing that. My concern is the present concrete making plant at Miami Avenue and 17th Street. I want to tell you that whatever safeguards should be in place are not. That place is getting... that area is... You know, it's not a beautiful area, but .they're not making it any prettier. They're making it ugly. And as far as I'm concerned, when we talk about putting in another plant, I don't want the people of Wynwood saying, you stuck that plant here because you couldn't put it anywhere else. So I'm saying to you that if they put in a concrete mixing plant that I am expecting you - you, the Administration - to put in every safeguard that it's not going to be another dust bowl, that it's not going to be another filthy, dirty area like we're seeing today. Because I would hope that we could put in some kind of an industry that was clean. But if that's what we're doing, that's what we're doing. But you've got to put in the safeguards. Commissioner Gort: Mr. Chairman, my understanding is... I recall this item very well, because it was in front of us three times, because of the liens that were had. My understanding is it was a property that had four different liens. It had liens from the State, from the Federal government, and from the City of Miami, in an area that has been deteriorating for quite a bit, and this is the first opportunity. At the same time, my understanding was it was to be able to employ at least 20 individuals in the first year, and there was a commitment to employ up to about 50 in the third year. And also, it was to be a very different cement plant. It was a different process, completely different from the one that J.L. stated. Now, the one J.L. stated, I think somehow, you should talk to DERM (Department of Environmental Resource Management), because I think he's got a point. Mr. Schwarzreich: Commissioner, I will say this. Mr. Diaz... because we have been working very closely with DERM and the County... The County has a Brownfields tasks force. We have worked very closely. And all DERM regulations are going to be followed completely. The plant in West Dade - I've been out there - is a clean plant. Commissioner Gort: Right. That was my understanding when we voted on this issue. Chairman Hernandez: OK. And we have a motion and we have a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. 68 December 9, 1997 • • The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-873 A RESOLUTION, ACCEPTING A GRANT, IN THE AMOUNT OF $100,000, FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO CONTINUE THE REGIONAL BROWNFIELDS DEMONSTRATION PILOT PROJECT THEREBY REMOVING ENVIRONMENTAL OBSTACLES TO ECONOMIC REVITALIZATION WITHIN THE ENTERPRISE COMMUNITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT. (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 Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Plummer: Move 9. Commissioner Teele: Mr. Chairman, before we move from that item. Mr. Manager, would you provide me with the opportunity to meet with staff to discuss the overall Brownfield situation in the City of Miami? And particularly, in the area that I'm honored to represent. Mr. Alberto Ruder (City Manager): Sure. Commissioner Teele: Thank you. ---------------------------------------------------------------------------------------------------------------- 12. AUTHORIZE MANAGER TO ACCEPT BROWNFIELDS REDEVELOPMENT GRANT OF $500,000 FROM STATE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT -- FOR REMOVAL OF ENVIRONMENTAL OBSTACLES WITHIN ENTERPRISE COMMUNITY. Commissioner Plummer: Move 9. Chairman Hernandez: Item number 9, we've got a motion by Commissioner Plummer. Do we have a second? We have a second by Commissioner Teele. 69 December 9, 1997 • (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Chairman Hernandez: OK. Hold on, because we went over item 6, but I'll give you an opportunity to come to the podium, because we deferred the item. But come up to the podium and let's vote on item 9. Item number 9, we have a motion by Commissioner Plummer, a second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: No "nays." The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-874 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A BROWNFIELDS REDEVELOPMENT GRANT FROM THE STATE OF FLORIDA OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT, IN THE AMOUNT OF $500,000, FOR THE REMOVAL OF ENVIRONMENTAL OBSTACLES TO ECONOMIC REVITALIZATION WITHIN THE ENTERPRISE COMMUNITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Tomas Regalado 70 December 9, 1997 ---------------------------------------------------------------------------------------------------------------- 13. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND "STATE OF FLORIDA BROWNFIELDS REDEVELOPMENT PROJECT GRANT" -- APPROPRIATE $500,000 GRANT FROM STATE OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT. Commissioner Plummer: Move item 10. Chairman Hernandez: Item number 10. Commissioner Gort: Second. Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by Commissioner Gort. All those in favor, say "aye." A. Quinn.Jones, III, Esq. (City Attorney): Let me read the ordinance. It's an ordinance. Chairman Hernandez: It's an ordinance. Please read the ordinance. Roll call. An Ordinance entitled - AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "STATE OF FLORIDA BROWNFIELDS REDEVELOPMENT PROJECT GRANT" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROJECT IN THE TOTAL AMOUNT OF $500,000, CONSISTING OF A $500,000 GRANT FROM THE STATE OF FLORIDA OFFICE OF TRADE, TOURISM AND ECONOMIC DEVELOPMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Tomas Regalado 71 December 9, 1997 0* 0 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. ---------------------------------------------------------------------------------------------------------------- 14. PERSONAL APPEARANCE: VITER JUSTE -- DIRECT CITY MANAGER TO STUDY REQUEST FOR ASSISTANCE WITH ORGANIZERS OF HAITI'S ANNUAL INDEPENDENCE DAY PARADE -- FURTHER DETERMINE IF FEES' ARE OWED FROM PREVIOUS YEAR'S EVENT. -- SEE LABEL 9. Chairman Hernandez: We're going to go back to revisit item number 6, since they are now here. Mr. Viter Juste: Yes, thank you, Commissioner. Chairman Hernandez: State your name and address for the record, sir. Mr. Juste: My name is Viter Juste, and I've been in Miami for 23 years, coming from New York. To the Commissioners, we are requesting your help, because... Number one, let me say thank you for putting Little Haiti on the same pattern of revitalization than the garment district... the design district. That's a big break for us, and we think we have something to do to make your choice really valuable. This is the reason we intend to have, on January 1st, which is Haitian Independence Day, to have the parade, and that parade will enhance the soul of the Haitian -American youth who are... who have a tendency to renegade of their heritage. And we think that specific parade where American songs and Haitian songs will be sung by the children, that will give a lift to our soul, to better cooperate with the other ethnic groups around us. That is not all. For three days, we are going... because of the tourist corridor that the City of Miami is accepting and promoting, we said we must be ready for that tourist corridor. And how are we going to be ready? I've just come from Haiti, where I saw a lot of beautiful art and artisans' work that will be attracting tourists in Little Haiti. So we just got there and they are for three days, we will have a show to show you, the Commissioners. You will be invited also officially to participate. We will... to show the Commissioners and the whole public, the tourist who goes, too, what we Haitians can do as far as music, art, cooking are concerned... and culture are concerned. Please, do something for us. You know we are a poor community, we are. But we are doing our job and we are trying to cooperate with you for a better Miami, a better Dade County. And that little corridor which is Little Haiti can't be... has been left alone too long. It is time to do something about it. Please help us with our parade, help us commemmorate with us our independence day. Thank you. Chairman Hernandez: Sir, we all on the Commission know how important the Haitian community is to our community in the City of Miami in the overall community. We just raised a question... And we're going to try to help you as much as we can, and we're going to urge you to sit with the City Manager and see what can be worked out. However, we did pose a question. If you remember, I helped you out in this venture last year. The question is, do you owe the City of Miami any monies for last year's function? Ms. Juste: I wasn't part of it. Chairman Hernandez: Item 6-A. Mr. Juste: I don't even know about it. I don't even know about it. 72 December 9, 1997 Chairman Hernandez: Item 6-A? Mr. Juste: Item 6-A, I don't know. If anything..,. I can assure you if you decide to give us some help, 30 days, 30 days after the celebration, you will get a full report how your money was spent. I guarantee it. My name is Viter Juste, and I guarantee it. Chairman Hernandez: This is what we're going to do. We deferred this item. We'd like you to sit down with the Manager to see if, in fact, it was you or not you, and see if we can work out the differences and help you out, and assist you in any whichway, so you can have the independence day activity. Mr. Juste: Thank you. My mother said always, where there is a will, there is a way. Thank you. Commissioner Teele: Mr. Chairman. Chairman Hernandez: Yes, Vice Chairman. Commissioner Teele` Mr. Chairman and Mr. Manager, given the time constraints, I mean, we're going to have to decide today. Now, it's very clear that things such as the portable stage that comes from the Parks Department, some of the activities related to fees for a band stand, those kinds of things, as well as the support from the NET (Neighborhood Enhancement Team) office, and the Police Department should be within your broad discretion to provide some support for. Mr. Alberto Ruder (City Manager): Yeah. I will sit down with them, and obviously try to work those things out. Things like the Show Mobile, the way the ordinance is written, there's no real waivers of fees. I'm just telling you. We don't have the band stands. That usually comes from the outside. But we'll work with them, and maybe we could also get some private sector support. Chairman Hernandez: We, in the past... Vice Chairman Teele, I can tell you that this year, I have been able to... I've actually had to go seek private funding for the Show Mobile. I mean, we're talking a hundred and something dollars. So it's been as minor as just obtaining the Show Mobile. We're talking about January 1st. We do not have much time to help this organization out. So we're going to have to make a decision on what to do with them. Commissioner Teele: Mr. Manager, regarding your authority to provide sufficient security for the parade, do you have discretion in that area? Mr. Ruder: I believe we have some discretion. We will work with the police to make sure that the costs are as minimal as possible. Like I said, anything else that we could get private sector support, or anything else that we could do on our own, we'll do. Commissioner Teele: Thank you. Chairman Hernandez: Thank you very much. 73 December 9, 1997 ----------------------------- -------------------------------- =--=-=--------------------------------------------- 15. AUTHORIZE CITY MANAGER TO SUBMIT APPLICATIONS FOR AND ACCEPT GRANT AWARDS TO MIAMI-DADE COUNTY FOR SAFE NEIGHBORHOOD PARKS BOND PROGRAM. Chairman Hernandez: Item 12. Commissioner Plummer: I move item 12. Chairman Hernandez: We have got a motion on item 12 by Commissioner Plummer. Do we have a second? Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those isn favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-875 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR GRANT AWARDS TO MIAMI-DADE COUNTY FOR CERTAIN PROJECTS AS DESIGNATED HEREIN FOR THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTS AND EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS; FURTHER, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARKS ORDINANCE, AUTHORIZING THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE GRANT ALLOCATION; AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 74 December 9, 1997 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. ---------------------------------------------------------------------------------------------------------------- 16. (A) EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENTS ORDINANCE 11337 -- CONTINUE / REVISE / ESTABLISH CAPITAL IMPROVEMENT PROJECTS. (B) COMMENTS REGARDING ST. HUGH OAKS ESCROW FUNDS TO BE ALLOCATED TO BAYFRONT PARK. Chairman Hernandez: Item number 13. Commissioner Plummer: It's an ordinance. I'll move it. Commissioner Gort: Capital improvement. Second. Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Gort. - It's an ordinance. Can you read the ordinance? Commissioner Plummer: Mr. Manager, if I may? To remind you that the escrow money from Saint Hugh Oaks has been granted to Bayfront Park for capital improvements. And for that reason, we did not put any request in for this ordinance, but we do expect that that escrow money will be made available to Bayfront Park. Mr. Alberto Ruder (City Manager): OK. If I recall, there may be a hundred thousand in this bond program for Bayfront Park, but it's not going to be used the first year. And it was for lighting. Commissioner Plummer: That's correct. Mr. Ruder: There is some money in there. Commissioner Plummer: That's correct. This is the five-year plan. Mr. Ruder: Yes, right. Commissioner Plummer: OK. Just wanted to make sure we understood eaach other. Chairman Hernandez: Roll call, Mr. Clerk. 75 December 9, 1997 An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996; CONTINUING, REVISING, AND ESTABLISHING CAPITAL IMPROVEMENT PROJECTS; PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. wasintroduced by Commissioner Plummer and seconded by Commissioner Gort, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENTS None, Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gort, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11579. 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. COMMENTS MADE DURING ROLL CALL:. Commissioner Plummer: I'm going to vote yes, but I think you'd be hard pressed to declare this an emergency. 76 December 9, 1997 ---------------------------------------- ---------------------------------------------------------------------- 17. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY FINDING -- WAIVE SEALED BIDS -- APPROVE EMERGENCY PURCHASE OF DUMPSTER CONTAINERS FOR SOLID WASTEFROM EXISTING COUNTY CONTRACT -- ALLOCATE $20,000 FROM ACCT 422001.320302.6.850. Chairman Hernandez: Item 14. Commissioner Plummer: Move it. Chairman Hernandez: There's a motion by Commissioner Plummer. Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: No "nays,". unanimous vote. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-876 A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND APPROVING THE EMERGENCY PURCHASE OF FORTY-FIVE (45) TWO -YARD (2-YD) AND FIFTEEN (15) FOUR -YARD (4-YD) DUMPSTER CONTAINERS, UNDER EXISTING DADE COUNTY CONTRACT NO. 5054-1/99/OTR-CW, FROM EBCO ENVIRONMENTAL BINS, IN AN AMOUNT NOT TO EXCEED $20,000.00, FOR THE DEPARTMENT OF SOLID WASTE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 422001.320302.6.850; FURTHER RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF A PURCHASE ORDER FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 77 December 9, 1997 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. ---------------------------------------------------------------------------------------------------------------- 18. APPROVE PAYMENT TO UNYSIS CORPORATION -- FOR PAST DUE INVOICES FOR COMPUTER HARDWARE, SOFTWARE AND SUPPORT SERVICES (UNISYS CORPORATION) UNDER EXISTING STATE CONTRACT -- ALLOCATE $195,000 FROM CIP PROJECT 311015. Chairman Hernandez: Item 15. Commissioner Plummer: Move it. Chairman Hernandez: Motion by Commissioner Plummer. Commissioner Plummer: Is there anybody else here? Commissioner Regalado: Second. Chairman Hernandez: These are past due costs that we owe from the year '94... '94/95/96. Commissioner Gort: Second. Chairman Hernandez: Second by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote. 78 December 9, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-877 A RESOLUTION APPROVING THE PAYMENT OF PAST DUE INVOICES FROM 1994, 1995 AND 1996 FOR COMPUTER HARDWARE, SOFTWARE, AND ASSOCIATED SUPPORT EQUIPMENT FROM UNISYS CORPORATION UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-96-1, 973-502-96-1, AND 250-050-94-1; ALLOCATING FUNDS THEREFOR FROM CIP PROJECT NO. 311015, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $195,000, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE THE NECESSARY DOCUMENTS TO EFFECT SAID PAYMENTS. (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 Gort: You've got a speaker. Chairman Hernandez: Under discussion. Mr. Manuel Gonzalez-Goenaga: Clarification. Now, I would like, if somebody can answer me, the cash... the present cash flow position of the City of Miami as of today. I am not talking from the escrow to pay the bonds. The actual cash flow of the City as of today, does anybody here know that? Because this is a matter of dollars and cents, in the bottom line. I was speaking about Shakespeare this morning, but now, I want dollars and cents reports. Anybody here? Commissioner Plummer: Goenaga, what does that have to do with item 15? Mr. Gonzalez-Goenaga: It has to, because if we have been... if we are spending so much money, like seven hundred thousand dollars ($700,000), and we're having a hundred and ninety-five thousand of past due accounts, I think something's wrong, terribly wrong, because I don't... I don't balance my budget that way, because if I... The cash position, this is an overall picture of the City of Miami. Because I was presented with the... with previous heavy problems. Commissioner Plummer: Do you know the answer? He wants to know what is the cash flow position as of today? You don't know. Mr. Gonzalez-Goenaga: Let's go cash flow. How much is in the bank today? Anybody knows about, in the general operating account? How much is in the bank? 79 December 9, 1997 Mr. Dipak Parekh (Director, Budget and Management Analysis): Yes. Commissioner Plummer: Spit it out. Mr. Parekh: Twelve million dollars ($12,000,000) for general operating, and sixlty-five million dollars ($65,000,000) for City of Miami as a whole. Mr. Gonzalez-Goenaga: City of Miami what? Mr. Parekh: City of Miami as a whole is sixty-five million dollars ($65,000,000). Mr. Gonzalez-Goenaga: Well, how can I get in touch with those millions of dollars and distribute it to the citizens of Miami? Thank you very much. Commissioner Gort: Let me ask you a questions so that... and I think that will answer it. My understanding is all those expenditures are part of the budget that's been approved. Am I correct? I think it's good to state that. Mr. Alberto Ruder (City Manager): Yes. Commissioner Gort: All those expenditures... because people see we spend millions of dollars. I want them to be aware that this is part of the budget that is approved, and this is an expenditure of the budget. Mr. Ruder: It wouldn't be on the agenda unless it was approved. Mr. Parekh: Sir, this is part of the budget as well as part of the five-year plan. Commissioner Gort: Thank you. ---------------------------------------------------------------------------------------------------------------- 19. DISCUSS NEED TO CLEAN-UP / BEAUTIFY GATEWAYS UNDER EXPRESSWAYS DOWNTOWN -- REQUEST ADMINISTRATION TO WORK WITH OMNI ADVISORY BOARD AND NEIGHBORS TO IMPROVE AREA NEAR OMNI -- FURTHER COMMENTS REGARDING IMPACT OF ABANDONED UNITS BEHIND N.E. 4 COURT AND BISCAYNE BOULEVARD AND NEED TO DISCUSS WITH STAFF EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Chairman Hernandez: Item 16 and item 17 have been withdrawn. We move on to item 18, as per Commissioner Regalado's request, a discussion regarding the implementation of a regularly scheduled cleanaup in the Omni area and the beautification of the gateways. Commissioner Regalado: Yeah. Mr. Chairman, this is important, and I think that we already are doing something. And the only thing that we need to do is to direct the Administration to work in conjunction with the Omni Advisory Board to implement ways to improve conditions in the area. And the reason is that I was travelling that area, and under the expressways and throughout Biscayne Boulevard, you see a lot of tourists and you see a lot of visitors, and it's a shame to see sometimes people sleeping on the mattresses and people dumping garbage. And since this Commission has worked very hard to clean up this City since it is the will of this Commission to 80 December 9, 1997 clean up this City, I believe that it's only fitting that we work with the people of this area, which is so important for tourism in the City of Miami. This area is one that benefits the whole City of Miami with the hotels, and restaurants, and night activities. So it is important that we try to help the members of the Omni Advisory Board. Commissioner Plummer: Mr. Regalado, if I may? Commissioner Regalado: Sure, sir. Commissioner Plummer: I would like .to personally thank Mr. Baretto of the Florida East Coast Railways. One phone call, and I asked him to clean up and to mow, and to clean around the railroad tracks, and they have already done it. And I am very pleased to say that. I talked to the people from the State of Florida. They are going to be... because it is their responsibility under the expressways, and they've cleaned up two of them that I know of for sure, that I was there on Sunday. And I've asked them to please continue to work under the expressways. The problem is that the people... They clean up one day, and the people are back there the next. And, you know, that's coupled with what we talked about this morning. But they have promised me they will continue to address the issue. Commissioner Regalado: Maybe Ana Gelabert could tell us. She's been working on that area. Commissioner Plummer: Well, we know have a Manager that can count to more than one. You know, I have asked four different times, Mr. Manager - and this is in my district - four different times, I have asked for something to be done to the units behind Les Violins on Northeast 4th Court. They are a disgrace. They are being used for every illegal activity that you can think of. They are not boarded up. They are horrible looking, and this is directly, directly across the street from Omni. And I've got to tell you, I hope to God that you can get something... Thank you. It's good for another hundred miles. Mr. Alberto Ruder (City Manager): This is the first time you've asked me... Commissioner Plummer: OK. All I ask you is to send somebody down there and look at it, and there is no way that they cannot come back and give you a full report telling you, roll out the bulldozers. It is horrible. There's abandoned cars there. There's all kinds of activity that is... And I just keep asking. OK? Chairman Hernandez: OK. Item number 19 is for Chairman Hernandez. Commissioner Regalado: F think that we need to vote, Mr. Chairman, on... Direct the Administration to work with the Omni Advisory Board. I don't kow if Eleanor... Ms. Eleanor Kluger: Well, I would like to speak. I thought you called on Ana first to say a few words. Commissioner Regalado: Yeah, I did. Would it be possible to hear just briefly from Ana as to what you're doing in that area? Ms. Ana Gelabert: We're working on the sanitation issue, and solid waste, and we're working together with the Solid Waste Department. We are providing, in addition to what Solid Waste regular routes are, we're working with the 27 people that the Solid Waste have as a special cleanup group, and we're sending them... we have been sending them every month, once or twice. And this month, we have them trying to schedule... We had them twice this week. These people, what they do is they go out, the clean the garbage, and the solid waste is giving us a truck to the NET (Neighborhood Enhancement Team) office, and we're cleaning. The second 81 December 9, 1997 thing we're doing together with the DDA (Downtown Development Authority), they have a Downtown Enhancement Team, which what they do is they mow and... ability that we don't have. What we're doing, we're using them to go out periodically on the public right-of-way, we're cleaning, and again with the Solid Waste crew, we're coming out and cleaning up the rest. In addition to that, we are working and that's under Solid Waste... trying to provide more with the people that the Solid Waste people are giving us. Twice a week, they go out and they sweep on the sidewalks. Commissioner Plummer: I've seen them. Msa. Gelabert: That's on the public right-of-way. That's Solid Waste. The other effort that we are doing, which the Omni Advisory Group is aware of, we went to the County and asked them to see if they could landscape the ramps of I-395, which I know the Omni residents are interested in seeing this as a gateway. The County has agreed. We, the City, have prepared a plan, and they're going to be planting, installing and maintaining this. This should happen in January or Feb... end of January, beginning of February, I've been told. Commissioner Regalado: Eleanor. Chairman Hernandez: Ms. Kluger? Ms. Kluger: Yes. Well, first of all, I know most of the Commissioners. I have been working for the last three years with most of you. I would like to welcome the new Commissioners, and our new Mayor, and Mr. Albert Ruder, who I have tried to work with, with the parks. And I'd just like to say that my name is Eleanor Kluger, and I reside in the downtown at 1000 Venetian Way. And three years ago, I decided it was my time to give back to our comunity, and we organized the Omni Advisory board. Well, the Omni Advisory Board wants you to think of the gateways, which is the area in the Omni where all the traffic must pass from and to the beaches, and also from, you know, the McArthur Causeway and the Venetian Causeway, and also from the City, the ups and downs of 395. Think of it as your living room. And think of it, maybe, if you had a hotel, as your lobby. These gateways are surrounding our beautiful bay, could and should say welcome to Miami and we invite you to stay here. But instead, your greeting is such as this. This is your greeting to the Miami gateways. They are here to greet you. This is your most valuable property in downtown Miami. This is the upkeep that Ana is talking about. We have had promises for the last three years that this was going to be improved. And yet, nothing happens. No sidewalks improved, no lights, no beautiful trees like at the Beach. Look what the Beach is doing for tourism. What are we doing? Most of you have passed Alton Road, you have seen those beautiful palm trees. You know that this is encouraging the northerners, the tourists to spend their dollars here. And yet, in an area that many people are passing, millions are passing each day, going to those cruise ships, they have to look at those pictures I just showed you. How silly, how non -visionary are our Commissioners and our City people that they will not spend dollars or have all... organize all the administrators to say, hey, let's clean up this small area. Let's make it beautiful. Florida's largest industry is tourism, and Miami's image is tarnished. It could be quickly polished with your commitment. And I am asking all of you in this Administration to look closely at the Omni and see what you could do with just a small amount of dollars, if all of you focused on it, what kind of business, what kind of billions of dollars the tourism business would bring here. For every dollar you spend, they will bring back ten more dollars, maybe more in this area. I don't think our tourism business is increasing in the Miami area. You are being beaten out by all other cities. So I say, please, look at Omni, try it, see what you can do just for that small area, and see what kind of dollars it will bring you, something we need very badly in Miami. Chairman Hernandez: Thank you. 82 December 9, 1997 Ms. Liete Lopes: My name is Liete Lopes.' I'm with the Omni Advisory Board. Other cities around the world have a whole lot less than. what you- have here. This is one of the most beautiful bays in the country. Isn't it so sad that when you drive through, what you see is what I have shown you? No landscaping, decaying signage, graffiti. And yes, Ana, you have done a wonderful job and things are improving, but much more can be done with this beautiful area. I think Miami can greet its visitors in a better way. Thank you. Chairman Hernandez: Thank you very much. Do you have a motion, Commissioner Regalado? Commissioner Plummer: Yeah, there is a motion, and I second it. Chairman Hernandez: What is the motion? Commissioner Regalado: To direct the Administration to work in conjunction with the Omni Advisory Board to implement ways to improve conditions in the area. That's the motion. Commissioner Plummer: We don't direct. We request. Chairman Hernandez: Discussion. Commissioner Gort. Commissioner Gort: Under discussion. Can this also come under the CRA (Community Redevelopment Agency)? I mean, this is something the CRA should be... Commissioner Teele: Well, look, no one can be against this. This is motherhood and apple pie. The questions, however, are numerous that are associated with this. First... last... a few Commission meetings ago, in fact, the City, and I commend Commissioner Plummer and those of you who agreed, took five hundred thousand dollars ($500,000) of CDBG (Community Development Block Grant) funds to do what many of the people are talking about today... the bayfront improvement, the capital improvement fund. How that funds are CDBG eligible, the appropriateness of that is something the management is going to have -to wrestle with. And I have said before, and I'll say it again. I don't intend to review any specific legislative action of grants that this Commission has taken. But I think in dealing with this, and I'm very proud that I'm chairing the Omni Tax Increment District, and we're going to work to use those tax increment district funds appropriately to deal with these issues. I think it's really important as we get through this Commission agenda today that we talk about the overall City's finance. Because what we have, ladies and gentlemen, really is a question of "What are our priorities?" Now, I'm for this. But I think in being for something, we've got to figure out where the money comes from. And I think in the case of Omni, it's a unique one of a kind situation, where you have a tax increment district, where the funds are available for reprogramming are being placed to address some of these problems. But we've got a million dollars ($1,000,000) on the agenda for Flagler Street improvement, a million dollars ($1,000,000). Commissioner Plummer: Marketplace. Commissioner Teele: I'm not against it. I'm for it. But I've got to tell you, colleagues, we need to figure out where we're going and whether or not we really want to bankrupt... or whether or not we really want to continue to keep this City in such a position that none of us are able to speak with any assurance as to where our finances are and where we're going. And so obviously, I want to support this. But before we start expending money, I hope that we can have a serious discussion today, before we adjourn, and before we come back on the 18th, in terms of where we're going on these expenditures. Because I've got to tell you, we're laying off people. The outlook doesn't look great in terms of some of the aspects of where this City is. We've got issues associated with CDBG funds we must deal with today that relate to people, and I just think that we really have to develop the priorities. In the case of Omni, in the particular case of 83 December 9, 1997 Omni, because it is a tax increment district, we have more flexibility there than anywhere else in the City. And obviously, I would support Commissioner Plummer and Commissioner Regalado, who have brought these issues forward, in moving forward. But I do think we need to be very careful that we don't start the "me, too," because there's nothing I can add in my district, recognizing that Commissioner Plummer represent Omni. Commissioner Plummer: Where you live. Commissioner Teele: Where I live, and where I'm going to move from. Commissioner Plummer: I told you, I'll give you my motor home. Don't worry about it. Ms. Kluger: OK. I have a few corrections. Commissioner Teele: Because we can send some very, very mixed messages that we don't intend to by just acting on something like this without really putting a caveat here. Ms. Kluger: Commissioner Teele, I have a few corrections that you haven't been aware of. The one point two million dollars ($1.2 million) that you refer to as the Omni tax increment money, for eight months now, we have tried to get the four hundred thousand that has been tried... that was supposedly promised, that is supposedly in a trust fund for us. Not one dime has come to Omni. OK? This is our tax dollars that were supposed to be put out there. It is now from four hundred thousand dollars ($400,000), I was informed, down to three hundred and nineteen dollars... three hundred and nineteen thousand dollars ($319,000), and we still don't know where it is. OK? This is what goes on in our City. And also, I am, a member of the Community Development Block Grant. OK? I was... I am the vice chair of that. And your five hundred thousand that came out of the Community Development Block Grant, not one dime went into the Omni area. Commissioner Teele: Ma'am, with all due respect, I.will work for you. There is nowhere in this community that my wife cares more about than Omni, because she owns property there, she lives there, whatever you want to say, as a general statement. But let me just say this. We spent eight million dollars ($8,000,000) last week in Omni of CDBG float money. Commissioner Plummer moved it. Commissioner, am I right or wrong? Commissioner Plummer: You're right. Well, it was for the 108. Commissioner Teele: It was... but it's eight... But the question is, it speaks... Ms. Kluger: You're talking about a loan for the Miramar Hotel? Commissioner Plummer: Yeah. Commissioner Teele: It's CDBG money, and it's real money. Ms. Kluger: To support a private developer for what... Commissioner Teele: Ma'am, you just made a statement... Ms. Kluger: Tibor Hollo, yes. Commissioner Teele: ... and I don't really want to quarrel with you. I'm merely saying that even though I think there are some legal problems with that, I voted for it. I don't know where... how, under any Federal reg's. I've ever read that the Omni qualifies for CDBG funds. It doesn't appear to be a slum. 84 December 9, 1997 Ms. Kluger: Well, that happens to be a loan. And also, they have to guarantee that within 36 hours or something like that, that we will get the money back. So. Commissioner Teele: I'm well aware of that. But it's a real eight million dollars ($8,000,000), money that's not available for anyone else right now. Ms. Kluger: Well, they asked for it, and they were able to back it, from what I understand. They would get it, too. Commissioner Plummer: They haven't got it yet. It's just an application. Ms. Kluger: As far as I know right... All of this is talk, all the time, is what we get from all of you. And I don't mean to be nasty about it, but our patience is worn through. We have worked very hard in this area, and yet, we get told... like a ping-pong ball. Go to this one, go to that one, go to this one. We have driven all of you around the neighborhood. We have had promises from all of you, and yet, nothing happens. Ana was able to get the State to do the landscaping on the expressway. And this is what I'm asking for. I'm not asking for more money right now. I'm asking for each of the departments to look at the area and see what they can do for the area with the Administration that they have right now, because people can do it. And what I've been told is Jack Luft isn't going to mess with this area because it belongs to Herb Bailey and the tax increment. And now, I'm told again that you're not going to maybe mess with this area because it belongs to J.L. Plummer. Well, you know... Commissioner Teele: No, no, I didn't say that. Wait, wait, wait. Nobody owns any area. This is not a feudal lord system. Commissioner Plummer: No, no; no. Commissioner Teele: Now, look, Mr. Manager, I mean, I think obviously, there is some very valid points here. The CRA, under the leadership of the CRA, which technically, you coordinate at this point in time, should take the initiative with all of the departments and look at this, and let's get us an opportunity to have a public discussion in the Omni area in the month of January or February and try to figure out where we are. Ms. Kluger: We have had so many plans going on. We had the Carr -Smith for forty thousand dollars ($40,000). We've had so many plans, and nothing materializes. I just wanted a commitment - and Commissioner Regalado said that we deserve that kind of a commitment from you - that you will look into the area and see what the departments can do, because we've been overlooked for 20 years, and we're due. Chairman Hernandez: Ms. Kluger, Ms. Kluger... Commissioner Gort: I think that's the motion here. Commissioner Teele: I agree. Commissioner Gort: That's the motion that's being passed. Chairman Hernandez: All right. Ms. Kluger: OK. Commissioner Gort: That's the motion that's being passed, and we are talking to go beyond that. 85 December 9, 1997 i C Chairman Hernandez: Let's forget what happened in the past. We have a new Chairman of the Omni District. Commissioner Teele: CRA. Chairman Hernandez: He is fully committed to help you. Commissioner Teele: Yes. Chairman Hernandez: This Commission is fully committed to that area. Ms. Kluger: I hope so. Chairman Hernandez: And I promise you, you will see some movement in that area in a very short time. Ms. Kluger: Well, in that case, we will welcome Commissioner Arthur Teele to our CRA. Chairman Hernandez: Thank you very much. OK. There's a motion by Commissioner Regalado, and there's a second by Commissioner Willy Gort. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 97-878 A MOTION DIRECTING THE ADMINISTRATION TO FIND WAYS FOR IMPROVEMENT AND BEAUTIFICATION OF THE GATEWAYS NEAR THE OMNI. 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. Chairman Hernandez: Item number 19. This is my request, and it's a discussion concerning the Mayor and the Commissioners serving as chairmen of the various boards and committees. Now, we can move on and leave this item till last, and let's move on to item 20 at this time, which was withdrawn. That, we're leaving up to the Manager and the Mayor to make decisions on what the salary should be for directors and assistant directors. 86 December 9, 1997 • NOTE FOR THE RECORD: At this point, Agenda item 19 is tabled. Agenda item 20 was withdrawn earlier. ---------------------------------------------------------------------------------------------------------------- 20. APPROVE ANNUAL SALARY / BENEFITS / PENSION FOR MAYOR SUAREZ -- PRESENT BUDGET AMENDMENT IN FEBRUARY OR MARCH 1998 CONSOLIDATING BUDGET OF OFFICES OF THE MAYOR AND CITY MANAGER -- FURTHER REQUEST ADMINISTRATION TO RESEARCH REINSTATING LIFE INSURANCE BENEFIT FOR ELECTED OFFICIALS. -- SEE LABEL 24. Chairman Hernandez: As to item 21. This is my request, discussion concerning the yearly base salary and benefits for the Honorable Mayor Xavier Suarez. That's something we have to take into account so the Mayor can start making some kind of salary. I have given you a chart which basically gives you a comparison of the Mayors of Hialeah, the Mayor of Miami -Dade and our Mayor, what he receives currently. Obviously, the salary is a proposal. What you have in you second page that I have prepared is a proposal of benefits which was... The proposed part is done by the City Manager. Currently, that's what he gets, in the middle column, and your third page are the benefits that the present City Commissioners receive currently and what is proposed by the Management. Most important thing I think because bottom line is the Mayor has told me his wishes are that he would like to continue receiving the benefits that the Commissioners receive. He would not like to have anything more than what the Commissioners receive as benefits. Now, the salary is really the main topic at issue here. And, as comparison, you have Hialeah, Miami -Dade and obviously what we have here in the City of Miami. Commissioner Regalado: Mr. Chairman, do we...? Are we to understand that this will be considered a full-time job? Chairman Hernandez: This is considered a full-time job. Commissioner Regalado: It means that the Mayor has to devote all of his time to this job. Chairman Hernandez: That's how I understand it. That is what has been posed to me. I have not heard otherwise, so it is a full-time job as the Dade County Mayor, Miami -Dade County Mayor. In that case, as you can tell, he... Commissioner Plummer: All right, I have a question. Chairman Hernandez: Go ahead. Commissioner Plummer: Mr. City Attorney. Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes. Commissioner Plummer: When it refers to the pension benefits, there... Is he considered an employee or is he considered an elected official? 87 December 9, 1997 Mr. Jones: Well... Yeah, well, he's an elected official with whatever benefits this Commission decides to give him. Commissioner Plummer: OK. State Statute addresses this item and we set a policy on this item. Chairman Hernandez: Well, it's under... Look at your second page. Mr. Jones: Well, I don't have a copy of what you are reading from, so I don't know what you are talking about. Chairman Hernandez: Second page, Commissioner Plummer, under our current policy, pension benefits provide for retirement income after ten years total service as an elected official of the City of Miami, equal to 50 percent of the highest of the last three years, W-2 pay. Commissioner Plummer: That's not what... Chairman Hernandez: That's our... Commissioner Plummer: That is not the present policy. Chairman Hernandez: That's what I have been told is the present policy by Ms. Sue Weller. Commissioner Plummer: No, not three years. It's of the highest pay. Not the last three years. Ms. R. Sue Weller (Labor Relations Officer): Commissioner, the current ordinance that specifies the highest year of the three years of salary. Commissioner Plummer: Oh, the highest year. Yes, yes. Chairman Hernandez: The highest. Commissioner Plummer: But, it is also a graduated, not that he is going to be around much longer than ten. But, it's beyond ten, it does go up to 15 and 20. Because, I am the only idiot that will be qualified for 100 percent of five thousand. Ms. Weller: Yes, sir. Upon vesting the retirement allowance increases by five percent per each year, up to 100 percent. Commissioner Plummer: Well, I have been 28 years, can I get over 100 percent, you know? Ms. Weller: No. Commissioner Gort: You have to pay us. Commissioner Plummer: Pay you, right. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, for purposes of a discussion. I would move the item. Chairman Hernandez: OK, we have got a motion. 88 December 9, 1997 Commissioner Plummer: As presented? Vice Chairman Teele: As presented by the Vice Chairman. As presented by the Chairman. Chairman Hernandez: Chairman. Commissioner Plummer: Second the motion. Chairman Hernandez: OK, we have got a motion by Vice Chairman Teele, second by Commissioner Plummer. We are now under discussion. Commissioner Plummer: OK. The only quick discussion I have is, where are you going to get the money? Chairman Hernandez: Well, that's a question for the Manager to answer. Commissioner Plummer: That's exactly correct. Where is the, you know? Where is the money coming from? Hello? Mr. Alberto Ruder (City Manager) Yes, they are telling me that we have that budgeted so, we budgeted it... Commissioner Plummer: Oh, you are hiding money, eh? You are learning. Mr. Ruder: It's part of the Mayor's budget: Commissioner Plummer: You are learning. Well, all I am... I am asking a simple question, I'd like to know where the money is coming from? I think it ought to come out of the Firemens' Pension Board. Chairman Hernandez: Dipak. Mr. Ruder: From the General Fund. Mr. Dipak Parekh (Dir. Office of Budget & Mgmt. Analysis): It will come out from the General Fund, the Contingency Fund which we have at one million dollars ($1,000,000). This was an item which was not budgeted earlier, so therefore, for this fiscal year, that's where the line item in SP&A (Special Programs and Accounts) is. Commissioner Plummer: OK. And, we can afford it? You are stuttering. Mr. Parekh: The money is in SP&A. Commissioner Plummer: OK. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, look, we are going to need a budget amendment. Chairman Hernandez: We understand that. Vice Chairman Teele: And, I think we need to all recognize that. I also think, given the way the Mayor's, the Manager's budget from last year was constructed and the way it's constructed now, it's radically different. So, I think the question and the answer to the question which I accept, is 89 December 9, 1997 that we are taking this from the contingency reserve. However, I think that a more... that perhaps, if it were fit ... It the accounting works out, it would be better to reflect this as being a part of a budget amendment between the Manager's Office and the Mayor'.s Office and present that as a budget amendment in February or March, whenever we get to that. But, I really think we need to take that up today. And, the reason that I say it is because I don't think we ought to put numbers out there and leave it open to the Oversight Board and a lot of other people who are second, who are taking a second look. I don't think the Oversight Board would dare attempt to overrule the funds. But, I just think it's a bad way to show this from a budget point of view. But, I accept that, that's the answer, and... But, I do think the Manager and the Mayor's office really need to look at collapsing those numbers and reprogramming those dollars so that it makes sense based upon the way you have configured. Commissioner Plummer: Well, there is another thing that has to be taken into consideration. And, we jumped over item 20. It was withdrawn. Now, I don't think there is any hidden agenda that the Mayor indicated in the budget he's going to present, that the maximum that any Department Director was going to make was going to be 85? Chairman Hernandez: Ninety-five thousand. Commissioner Plummer: Ninety-five. Now, you know, I think, I don't know that I am in favor of that. But, what I am saying is, all of that is part and parcel of this overall scenario for salaries. Chairman Hernandez: For the record, Commissioner Plummer. Four people will be the overall affected in that ninety-five thousand dollar ($95,000) cap, in total. Commissioner Plummer: I disagree with you. Are you speaking salaries alone? Chairman Hernandez: Yes. Commissioner Plummer: OK. Mr. Ruder: Are you speaking about not Police and Fire or just the rest of the departments? Chairman Hernandez: No. Commissioner Plummer: Police and Fire, I guarantee you there is more than four people affected. Mr. Ruder: Yeah. There are also some unclassified... Commissioner Plummer: Absolutely. Mr. Ruder: ... that are going to be affected. Commissioner Plummer: Let's also remember that there is a major, major factor here that for every dollar you pay, in Police and Fire, I think it's 52 percent is the additional fringe benefits. It's lower in general employees. But, I think this is the overall scenario that you have to keep in mind with pension, health insurance and all of the rest of it. So, all I am saying is, we can't take it in piecemeal. To me, we have got to take it in a total picture. Chairman Hernandez: Any further discussion? Vice Chairman Teele: Mister... 90 December 9, 1997 Chairman Hernandez: Vice Chairman. Vice Chairman Teele: Let me just understand. Is the issue of the retirement or the pension benefits, are we making any decision here on that? Isn't that pursuant to ordinance and State law? Are we making an independent decision now on this? Are we changing the existing ordinance of State law? Chairman Hernandez: We are changing... Commissioner Plummer: Well... Chairman Hernandez: ... the actual ordinance as it pertains, or the charter as it pertains to the salary of the Mayor. Vice Chairman Teele: No, no, no. I am talking about... Commissioner Plummer: He's talking about pension. Vice Chairman Teele: L. pension benefits. Chairman Hernandez: Oh, pension benefits. Commissioner Plummer: Let me clarify it for you. The State Statute speaks to 20 years. Chairman Hernandez: Right. Commissioner Plummer: Any elected official for 20 years has to be given a pension at no less than 50 percent of their actual salary. This Commission, did in fact change, and made it for ten years, I think, 15. Or, to ten years and five percent a year after the first ten years. Chairman Hernandez: Right. Commissioner Plummer: That was more beneficial than State Statute. Vice Chairman Teele: So, the fact of the matter is, we are not changing the existing City ordinance? Commissioner Plummer: No. Vice Chairman Teele: And, just so that it's very clear, Mayor Suarez will be vested in two years. Has he served eight years? Chairman Hernandez: He's served eight years. Vice Chairman Teele: He will be vested in two years under this system at 50 percent of his salary. Is that correct? Ms. Weller: That's correct. Chairman Hernandez: That's correct. Commissioner Plummer: Now, I have one further question which is not addressed here, or for the Commission. Previously, this Commission was afforded life insurance, OK. That came about in which the life insurance policy was declared too sufficient for the Commissioners to 91 December 9, 1997 stay alive. They then cancelled that policy which I thought was very foolish because the City got 100 percent of its money back, I am not going to argue that, it's done and it's gone. I was told at the time that another policy would be forthcoming that the City Commission as always had had some kind of life insurance, where today, unless I am mistaken, we have none. Mr. Frank K. Rollason (Dir. of General Services Administration/GSA): That's correct. Commissioner Plummer: And, that's wrong. That's wrong. I would ask the administration that I think that in fact, there should be a policy. Prior to my having that other policy, I think the Commission had something like 25,000, if I am not mistaken, in insurance. And, now, today they have none. I think that's wrong. So, I am asking the administration to look into it. Chairman Hernandez: OK, we have a motion on the floor by Vice Chairman Teele, seconded by Commissioner Plummer. Before we vote... Commissioner Regalado: Mr. Chairman, before we vote and hear the public. Can we add to the motion the fact that this is a full-time job. It's important for the people of Miami to understand that we are paying this salary which is a decent salary for a full-time position. Chairman Hernandez: I think that's very clear and I think that was the intent of the Commission when I was here and we discussed the changes to the charter that was going to be made to the Executive Mayor. So, we will... Vice Chairman Teele, if you will add that to your motion, if you have no objections to that. Vice Chairman Teele: I will be happy to amend to specifically provide that this motion is specifically contingent and provided that the Mayor shall not be involved in any other employment or whatever the attorney determines the appropriate language to be, specifically, intended to direct that the job be full-time. Now, if he has investments, if he has, you know, stocks. If he has that, see... you know, and I think we ought to make sure that we get good language to further do that, and we probably should codify that by an ordinance at the appropriate time. Commissioner Regalado: Yeah. Yeah, you are right. Chairman Hernandez: OK. Yes, sir. Mr. Manuel Gonzalez-Goenaga: Well, you are sophisticated people and I am sure that most of you own stock in public companies. Well, this is more public because we are the owners and just like in a public corporation all the shareholders are owners, and we are sent for the annual meeting the salaries, compensation, a full disclosure of all the high executives, all these, all kinds of direct, I mean, direct salaries and pensions, and options, and insurance company. One thing of insurance, I am in full favor, but provided the beneficiary of the insurance policies is the citizens of Miami. That is my suggestion because when we lose Mr. Plummer, which I think is the oldest one in this Commission, we want to have a monetary reward... Commissioner Plummer: Careful. Mr. Gonzalez-Goenaga: ... payable to the citizens of Miami because we are going to miss him very dearly. We... Let's talk about the benefit for the citizens of Miami, not for your benefit. This is a terrific conflict of interest. And, we are in the... in abeyance. I don't even know what's the salary because it has never been mentioned here. And, I want... and I ask for transparency in government. We are the owners and we are lost. What's the amount of money? It's nothing to be ashamed of. I am willing to work for a thousand dollars ($1,000) a month. 92 December 9, 1997 �J • Chairman Hernandez: Thank you. Mr. Cruz. Mr. Gonzalez-Goenaga: What's the amount of money? Chairman Hernandez: The amount of money of what? Mr. Gonzalez-Goenaga: Of the proposed salary of the... Chairman Hernandez: $97,000. Mr. Gonzalez-Goenaga: And, the fringe benefits? Chairman Hernandez: The same as we receive. And, I will read it to you, right now. Mr. Gonzalez-Goenaga: And, can I have the copy of that? Chairman Hernandez: Here, you can have a copy of mine. You can have a copy of mine. Mr. Gonzalez-Goenaga: I appreciate it. Chairman Hernandez: OK. Mr. Cruz. Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am for the Mayor receiving a salary because anyway, a good salary. Ninety something thousand dollars, there is no anyway about people having business under the table on that because if he doesn't make a living with ninety-seven thousand, something is wrong. Also, I would like to see, maybe later on, the Commissioner too, getting some type of salary more than whatever they are getting now. Or they should get the amount they are getting that they were, that was put in the Charter, in what, nineteen forty something? What was the original amount that come from the 50's or 40's? That amount taken to 1997 and indexed according to the inflation and the cost of living on that, or maybe have that permanent in the index. That way the people, a lot of other people can run for Commissioner now that cost less money to run for district. And, that's because... Like, I'll be running in the next two years because I will be retired from the Post Office. So I will be able with my... otherwise, I won't be able to be... to make it as a Commissioner, with the salary they are getting. What, five thousand dollars ($5,000) a year? Nah, no way. Unless there is some other perks that we don't know about that people get. That way, the people stop talking about that. I think that you should... many times I have been going in front of the voters, for people to vote, but not only the Mayor should be getting a salary, and anyway, we are the ones voting for the Mayor. In four years if he doesn't do a good job, like I mentioned to you at the County Commission, if you have read the book of Tip O'Neal, All Politics is Loco. Now, every two years, he had to go in front of the citizens of Boston to see if he was good. And you can't tell the people how good you are when you don't live in the district. So remember that, that we will be paying the salary. I am not... ninety-seven thousand because a lot of people out there make that kind of money in the private industry. You see a lot of people, grocery store owners that you don't know them, they make more than that. So I am for that. Thank you very much. Chairman Hernandez: Thank you, Mr. Cruz. Mr. Gabriel. Mr. Tom Gabriel: Tom Gabriel, Miami Association of Firefighters. If I could just get a clarification? Was that five percent a year, vesting being 50 percent after ten years, and then five percent each year thereafter? Commissioner Plummer: With a maximum of 20. 93 December 9, 1997 • • Mr. Gabriel: A maximum of 20 after that? Commissioner Plummer: Twenty years or 100 percent. Mr. Gabriel: OK. So that's five percent a year? Commissioner Plummer: Correct. Mr. Gabriel: Just getting ready for negotiations, that's all. Chairman Hernandez: Thank you. Commissioner Plummer: Oh, wait, wait, wait. I hope you're... I want to tell you, I am going to go fight for you because that addresses five thousand dollars ($5,000) maximum. And please bring that up in negotiations. Mr. Gabriel: Not the Mayor. Commissioner Plummer: Yes, sir. Five thousand dollars ($5,000), I'll fight for you to get 100 percent. Chairman Hernandez: Commissioner Plummer, I have a question for you. Has the Commission, or any Commissioner, or any Mayor ever had health... I mean a life insurance policy? Commissioner Plummer: Yes, sir. We all had policies. The only one that ever collected was Steve Clark, in his death and passing. There was a policy of two hundred and fifty thousand dollars ($250,000). It was a policy... and let me tell you why. The Miami Herald was the one who raised all this and the former Mayor. It was a very good policy, in my estimation. The City paid the premium for 15 years. At the end, paying the 15 years, at such time as the passing of the Commissioner, the City got back 100 percent of its money, and in fact, the remaining balance went to the Commissioner's family. But it did not cost the City a dime up until the 15th year they paid, they got their money back. I always thought it was a damn good policy. Previous to that, they would pay three, four thousand dollars ($4,000) a year for a City Commissioner's insurance, and they didn't get nothing back. And the minute the Commissioner was terminated, the insurance was terminated, and the City got back nothing. To me, it was dumb. Chairman Hernandez: So presently, we do not have life insurance? Commissioner Plummer: It's my understanding... Mr. Rollason: That's correct. Commissioner Plummer: ... presently, we have no life insurance, whatsoever. That's why I have asked to look into it and come back to this Commission, because I think every municipal City that I know of does provide insurance. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, look, I give deference to Commissioner Plummer's experience. It just seems to me, forgetting personalities and youth of the Mayor, the current Mayor, it just seems to me to be a prudent policy not to protect the family of the Mayor, whoever the Mayor. We are asking them to give up any other outside employment, et cetera. And I would, unless there is objection, I would ask, move that... amend that the previous insurance policy that relates... that was in effect when Mayor Clark met his untimely... in the same 94 December 9, 1997 amounts, in the same policy be added to this package with the same provisions that the City will receive its funds back that it pays in, and the remainder would go to the family. Commissioner Plummer: Is that for the Mayor and Commissioners? Vice Mayor Teele: No, it's for the... The only item before us is the Mayor. I... Commissioner Gort: That's a split dollar policy. Commissioner Plummer: Huh? Why are you nodding? Oh, you are saying because the only thing in front of us... Commissioner Gort: Is the Mayor. Commissioner Plummer: ... is the Mayor's? Commissioner Gort: Second. Commissioner Plummer: Is that with the provision that that could be explored for the Commissioners again? Chairman Hernandez: What was that? Commissioner Plummer: That that same policy be considered and explored for the Commissioners again. Chairman Hernandez: I think we should put that on our... Vice Chairman Teele: Yes. Chairman Hernandez: ... next agenda item. Vice Chairman Teele: But I want to be very clear that my intent is not to go to a previous insurance policy, but to have a competitive process... Commissioner Plummer: Oh, absolutely. Chairman Hernandez: Absolutely. Vice Chairman Teele: ... in determining how you get back as close as you were before. Because I just think, you know, I... we have had the unfortunate circumstance in this County where public officials have died and their families didn't have sufficient funds to carry on, or even to take care of the body. And I don't think that we should put, as a matter of policy, either the families or the public in that position. I just think this is a prudent policy. So... Commissioner Plummer: No, if any of you die, I will give you a freebie. Chairman Hernandez: So Vice Chairman Teele... Vice Chairman Teele: Mr. Clerk, I would like to... Chairman Hernandez: Amend. Vice Chairman Teele: a statement. I would like Commissioner Plummer's previous statement... 95 December 9, 1997 Commissioner Plummer: Yes. Vice Chairman Teele: ... transcribed and made a part of the record. Commissioner Plummer: Also, add to that statement, that that offer expires before he does. Mr. Ruder: Mr. Chairman. Chairman Hernandez: Yes, Mr. Manager. Ms. Weller: A point of clarification, Chairman Hernandez. On the paper before you that talks about the benefit comparisons for City Commissioners, which is my understanding that is what's being approved for the Mayor. The... It needs to be pointed out that if it is the belief that this is the same benefits that the Commissioners are receiving under that proposed column, where it says "Car Allowance," that is a one hundred dollar ($100) increase over what your... what the Commissioners are currently receiving. Chairman Hernandez: Correct. I know what you are saying, but that's not what we want. What we want is to go to what we receive currently. That is, the Mayor will receive the same benefits that the Commissioners receive at this point in time. Vice Chairman Teele: With the exception of the death... Chairman Hernandez: Yeah, with the exception that we are adding health benefits... I mean life insurance benefits. Mr. Rollason: All right. And to clarify that, Mr. Chairman. We are saying that you want us to . go out and try to find a like policy, like we had in effect. Put a package together, go out and get prices for it and bring that back to you with those dollar amounts. We are talking about the benefit. Commissioner Plummer: And competitive bidding. Mr. Rollason: OK, got it. Chairman Hernandez: The difference between what was being proposed by the Administration and what we have right now is one hundred dollars ($100). It's a hundred dollars ($100) difference. So that's the bottom line. Point of clarification before we finalize this vote. Does this prohibit the Mayor of the City of Miami to sit on any Board of Directors where he will be compensated, maybe, with other types of insurance benefits and stuff like that, or receive a three hundred dollar ($300) stipend? Vice Chairman Teele: Again, I think there should be an ordinance or at least some Attorney General's opinion that should be reviewed. But, it would not be my intent... Chairman Hernandez: Right. Vice Chairman Teele: ... to limit him from serving on the Board of Directors of a company, so long as it wasn't a conflict with... Chairman Hernandez: With the City of Miami. OK. We have a motion by Vice Chairman Teele, second by Commissioner Plummer. All those in favor say "aye." 96 December 9, 1997 The Commission (Collectively): Aye. Chairman Hernandez: Those against? Unanimous vote, five/zero. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 97-879 A RESOLUTION FIXING AND ESTABLISHING THE SALARY AND COMPENSATION FOR MAYOR XAVIER L. SUAREZ. (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. Chairman Hernandez: For the record, we'll be withdrawing item 19, unless any of the Commissioners have a problem. It was my item, and I'd like to place it on the agenda upcoming on January 13th. Commissioner Plummer: Mr. Chairman, I have no objections to it being withdrawn. My concern is getting appointments to these boards. We're finding boards that are not having quorums, and I beg of you, sir, that on January 20th at the very latest... Chairman Hernandez: The 13th. Commissioner Plummer: Huh? Chairman Hernandez: The 13th. Commissioner Plummer: All right, whatever it is, the 13th. Chairman Hernandez: That we should have all our appointments in order so we an fill. Commissioner Plummer: Please, please. Because it's... 97 December 9, 1997 ---------------------------------------------------------------------------------------------------------------- 21. APPOINT DR. ORLANDO SILVA TO SERVE AS MEMBER OF HEALTH FACILITIES AUTHORITY BOARD. Commissioner Regalado: Can we make appointments today, or you would rather... Chairman Hernandez: If you would like to make... Commissioner Regalado: I have one. Chairman Hernandez: OK. Go ahead and make yours. Commissioner Regalado: I have one for Dr. Orlando Silva. Chairman Hernandez: That's for which? It's a reappointment to Health Facilities Authority. Commissioner Regalado: That's for the Health Facilities Authority. Mr. Foeman: That's agenda item 27. Commissioner Regalado: It's item 27 and it's the only appointment needed on that board to have a quorum. So. Commissioner Teele: Second the motion. Chairman Hernandez: Motion by Commissioner Plummer (sic); second by Vice Chairman Teele. Motion by Commisisoner Regalado. Commissioner Regalado: Yeah, I moved it. Chairman Hernandez: Second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? 98 December 9, 1997 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-880 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 22. APPOINT RALPH PACKINGHAM TO SERVE ON MIAMI BAYSIDE MINORITY FOUNDATION. Commissioner Teele: Mr. Chairman, I would like to appoint Mr. Packingham to the Bayside Minority Foundation. This vacancy is created by the resignation of Maxine Thurston, who was previously nominated by Commissioner Dawkins. Commissioner Plummer: Second. Chairman Hernandez: Motion by Vice Chairman Teele, second by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? 99 December 9, 1997 • r- LJ The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-881 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI BAYSIDE MINORITY FOUNDATION. (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. ---------------------------------------------------------------------------------------------------------------- 23. (A) SCHEDULE FOR CITY COMMISSION MEETING OF JANUARY 13, 1998 ALL BOARDS' APPOINTMENTS -- INCLUDING DISCUSSION TO INCREASE MEMBERS OF MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD. (B) APPOINT ORLANDO GARCIA, JR. TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD. (C) APPOINT RALPH ARZA TO SERVE ON INTERNATIONAL TRADE BOARD. (D) APPOINT AMANCIO SUAREZ, JR. TO SERVE ON MIAMI SPORTS AND EXHIBITION AUTHORITY EFFECTIVE WITH NEW BOARD -- DIRECTION TO PREPARE LEGAL OPINION REGARDING WHETHER ACTIONS TAKEN AT LAST MIAMI SPORTS AND EXHIBITION AUTHORITY MEETING WERE LEGAL. (E) APPOINT AL HOUSTON EX-OFFICIO TO MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD. (F) APPOINT MAYOR SUAREZ AS CHAIRMAN OF MIAMI SPORTS AND EXHIBITION AUTHORITY. (G) DIRECT ADMINISTRATION TO SCHEDULE FOR NEXT MEETING CONSIDERATION OF DISBANDING OR KEEPING INTERENATIONAL TRADE BOARD. Commissioner Plummer: I only have one further question. You indicated the Mayor had said about expanding the Sports Authority? Chairman Hernandez: Correct. 100 December 9, 1997 Commissioner Plummer: Are we then going to be prepared... As I understand it, Mr. City Attorney, under that concept, they would be... each Commissioner would be appointing two members to that board. Is that correct? Chairman Hernandez: That is correct. Commissioner Plummer: And then... Wait a minute. What's... the eleventh member would be a member of this Commission? Chairman Hernandez: The eleventh member would be the Chairman of the Commission, correct. The Chairman of the Commission, which is going to be... Commissioner Plummer: Are we not limited to the Chairman being a member of this Commission? Chairman Hernandez: No, we're not limited to that. Commissioner Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Commissioner Gort: That's not here. That's not here. Commissioner Teele: With all due respect, it can be whatever three members of this Commission approve. Chairman Hernandez: Right. Commissioner Teele: Because to change it is going to require an ordinance. And whether it is the Chairman of the Commission, or a member of the Commission, the Mayor, or any other person, it would be subject to what the majority of the Commission decides to do. Commissioner Plummer: OK. I'm just asking for clarification. So the eleventh member would be whoever is the Chairman. Chairman Hernandez: Correct. Commissioner Plummer: Is that a non -voting position? Chairman Hernandez: Non -voting position. Commissioner Plummer: OK. Commissioner Regalado: Non -voting? Commissioner Teele: It's whatever we decide it is. Chairman Hernandez: It's whatever we decide it's going to be, right. It's going to come before us, we're going to put it on the agenda, and we'll probably put it on the agenda the 13th, so we can move on with the Sports and Exhibition Authority. Commissioner Plummer: OK. Well, yeah, but excuse me. You've got a lot of other boards. I have Bayfront Park, everybody... 101 December 9, 1997 Chairman Hernandez: I have all that ready to... Commissioner Plummer: Everybody else is up. Chairman Hernandez: Right. Commissioner Plummer: Every board member is up for either reappointment or replacement. Chairman Hernandez: Mr. Foeman, I just have two that I'm actually flipping on. The Sports and Exhibition Authority, while we're at it, Orlando Garcia, Jr. Orlando Garcia, Jr. Commissioner Plummer: Instead of? Chairman Hernandez: Sports and Exhibition Authority... instead of Danny Couch. And I have Ralph Arza, who's going to replace Orlando Garcia, Jr. in the International Trade Board. Walter Foeman (City Clerk): Can we have a motion on those, Mr. Chairman? Commissioner Plummer: Wait, wait, wait a minute. Let me understand. Are we saying that we're now appointing two members to the Sports Authority? Chairman Hernandez: No, no. They're two different boards. Commissioner Plummer: Oh, OK. All right. Commissioner Teele: Mr.... Chairman Hernandez: Go ahead. Commissioner Teele: You're "rope -a -doped" me. You just appointed someone to replace the only African -American member of the board. Right? Of the Sports... Chairman Hernandez: I don't know if he's the only one. I know that I inherited him, and I took... Commissioner Plummer: Harrington. Commissioner Teele: OK, OK, OK. But this is the point. Previously, the Mayor served as a member of the board. Commissioner Plummer: It was rotated every year. Commissioner Teele: Previously, the Mayor of the City of Miami, whoever he was - my recollection is that it was Mayor Joe Carollo - served as a member of that board. Chairman Hernandez: Correct. Commissioner Teele: The current ordinance requires that there will be four members, plus the Mayor. Is that right? (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) A. Quinn Jones, III, Esq. (City Attorney): That's correct. 102 December 9, 1997 Commissioner Teele: Mr. Attorney, is it your opinion that... Mr. Jones: You're correct. The way it's presently constituted with the change in the ordinance last year is five members, with the Mayor serving as the fifth member, as chairperson. Commissioner Plummer: Right. Commissioner Teele: Well, so by operation of law, let me explain what we've done now. Commissioner Plummer, you have an appointment - right? - on the board. Commissioner Plummer: Presently, yes. Commissioner Teele: Commissioner Gort, you have an appointment on the board? Commissioner Gort: Yes. Commissioner Teele: Commissioner Regalado, you have an appointment on the board? Commissioner Regalado: I do. Commissioner Teele: The Chairman just... Chairman Hernandez: That was my appointment. Commissioner Teele: The Chairman just made his appointment to the board, right? Chairman Hernandez: But that was my appointment. Commissioner Teele: OK, yes, sir, yes, sir. Chairman Hernandez: Danny Couch was my appointment. Commissioner Teele: Yes, sir. So you have an appointment to the board. Chairman Hernandez: Yeah, who has... because they have to serve for one year. Commissioner Plummer: Oh, no no. Stop with the mathematics. Mr. Jones: Well... Commissioner Teele: So you got four members on this board, right? Commissioner Regalado: Right. Commissioner Teele: You've got five Commissioners. Chairman Hernandez: Right. Commissioner Teele: One Commissioner doesn't have an appointment on the board. Chairman Hernandez: Right. Mr. Jones: Well, that's correct. 103 December 9, 1997 Commissioner Teele: Who is that? I'm kind of slow figuring this out. Chairman Hernandez: That's why we have to change the ordinance. Commissioner Plummer: Would you like to pick out of the coffee can? That's how we do it around here. Chairman Hernandez: Let's do this. Vice Chairman, let's do this. Since we're going to change and make changes to the ordinance of the Sports and Exhibition Authority, let's... Commissioner Teele: Let's do what you just said. I don't have... Chairman Hernandez: It doesn't matter. Commissioner Teele: Mr. Chairman, I don't have a problem. Chairman Hernandez: It doesn't matter anyway. Commissioner Teele: The only thing that I would ask is that the board allow me to appoint Mr. Al Houston as an ex officio member with no rights, no procedures, just to monitor what's going on, because that's who I will appoint at the point in time that he is done. Commissioner Regalado: And that's for next meeting, which is this week. Chairman Hernandez: On January 13th, we're going to put as an agenda item... Commissioner Regalado: No, no, no. What I'm saying, Mr. Chairman, is that the Miami Sports Authority has a meeting scheduled for tomorrow or day after tomorrow? Commissioner Teele: Yeah. Commissioner Regalado: So these appointments are... Commissioner Teele: This appointment... Commissioner Regalado: ... for this meeting. Commissioner Teele: Your appointment is effective right now. Commissioner Regalado: Right. Commissioner Teele: And I respect that, Mr. Chairman. And I'm not making light of your right to make that appointment. I'm only asking that the Commission give me the courtesy of appointing someone who can monitor and go to the meetings, receive notice, have no rights, no authority, but at least to know what's going on. Chairman Hernandez: I have no problem with that. Does anyone have a problem with that? Commissioner Regalado: No, absolutely not. I would need, also, to make an appointment for this meeting. Chairman Hernandez: OK. Then go ahead and make the appointment. You're probably going to have another appointment anyway, because we're going to expand the board. So. 104 December 9, 1997 • • Commissioner Regalado: Right. The appointment for the Miami Sports Authority is Amancio Suarez. Commissioner Teele: Replacing who? Commissioner Regalado: Neal Harrington. Chairman Hernandez: We have... Mr. Foeman, so you have my appointment as Orlando Garcia, Jr., and then we're going to have Ralph Arza on the International Trade Board replacing Orlando Garcia, Jr. Mr. Foeman: Can we have separate roll calls on all of those, Mr. Chairman. Chairman Hernandez: Yeah: Let's... I started with my motion with my appointment. Mr. Foeman: Right, for Orlando Garcia, Jr. Chairman Hernandez: It's for Orlando Garcia, Jr.... Mr. Foeman: Right. Chairman Hernandez: .., to the Sports and Exhibition Authority. I need a second. Commissioner Teele: Second. Chairman Hernandez: Motion by the Chairman, second by Vice Chairman Teele. All those in favor, say "aye." I need you guys to vote. Are you guys voting in favor of this? All those in favor, say "aye." Commissioner Teele: Of what? Chairman Hernandez: Of my appointment. Commissioner Teele: I voted. The Commission (Collectively): Aye. Chairman Hernandez: All righty. Unanimous vote. 105 December 9, 1997 • The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 97-882 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. [Note for the Record: Mr. Orlando Garcia, Jr. was nominated by Chairman Hernandez to replace Mr. Danny Couch. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Chairman Hernandez: On the International Trade Board, I have nominated Ralph Arza to replace Orlando Garcia, Jr. Commissioner Teele: Second the motion. Chairman Hernandez: Second the motion by Vice Chairman Teele. All those in favor, say «aye if The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous. 106 December 9, 1997 • 0 The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 97-883 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE INTERNATIONAL TRADE BOARD. [Note for the Record: Mr. Ralph Arza was nominated by Chairman Hernandez to replace Orlando Garcia, Jr.] (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner J.L. Plummer, Jr. Chairman Hernandez: Now, we move on to Commissioner Regalado's appointment, which is Amancio Suarez to the Sports and Exhibition Authority. There's a motion by Commissioner Regalado. Is there second? Commissioner Gort: Second. Chairman Hernandez: Second by Commissioner Gort. Commissioner Teele: Discussion. Chairman Hernandez: Discussion. Commissioner Teele: Commissioner Regalado, I know that you are going to do what you think is best. But I really do think what we've got to be careful about now is more instability. Now, Mr. Harrington is, as I understand it, the acting Executive Director of the... Commissioner Regalado: Yeah. And you're right, but there was a situation in the Sports Authority which I... We were not informed of what happened. I think that the Mayor went there and made some changes. And you're right, and I think that it's only proper that Mr. Harrington... that's what he asked to be in the last meeting. And I don't... I think that the last meeting was cancelled or he wasn't there. So I think that this appointment that I'm making now will be effective when the new board convenes. Commissioner Teele: OK. So let me be very clear, Mr. Attorney. You're making this appointment effective when the new board is convened. Commissioner Regalado: Yes. Commissioner Teele: That's... second the motion. 107 December 9, 1997 • Chairman Hernandez: Right, correct. Commissioner Plummer: Well, I'm sorry, I was... Chairman Hernandez: It's just to... Commissioner Plummer: What is the new board? Chairman Hernandez: What's that? Commissioner Plummer: I'm sorry, I was out. What is the new board... Chairman Hernandez: We're appointing the Sports... just that he's appointing his member to the Sports and Exhibition Authority, Commissioner Regalado. Commissioner Plummer: OK. Chairman Hernandez: I have an issue, just something that came up and... Commissioner Teele: Could we carry this motion? Chairman Hernandez: Well, under discussion. I have a question for Commissioner Regalado, and I'm sure he's thought about it. I believe Amancio Suarez is a minority share... Commissioner Regalado: No, I'm talking about his son. Chairman Hernandez: Oh, his son. Excellent. I just wanted to avoid any types of conflict of interest. Commissioner Regalado: No. Right. Chairman Hernandez: There's a motion by Commissioner Regalado, second by Vice Chairman Teele. Commissioner Regalado: It's Amancio J. Suarez. Chairman Hernandez: Junior. Commissioner Plummer: Time out. I'd like to know who is now going to be on the board. Chairman Hernandez: OK. At this point in time... Commissioner Plummer: Amancio Suarez' son is going to be there. Commissioner Regalado: Right. Commissioner Plummer: OK. Commissioner Teele: Effective with the new board. Chairman Hernandez: With the new board. Commissioner Regalado: Right, right. 108 December 9, 1997 0 Commissioner Teele: I'll call the question. Commissioner Plummer: Who else is going to be... is there any of the members that are there presently being replaced? Chairman Hernandez: Yes. Commissioner Teele: Yes. The Chairman has replaced Mr. Couch. Commissioner Plummer: What about other members? Chairman Hernandez: Mr. Harrington has been replaced by Mr. Suarez, Jr. Commissioner Plummer: OK. Commissioner Teele: Effective with the new board. Commissioner Regalado: Effective with the new board. Commissioner Plummer: OK. Chairman Hernandez: And Vice Chairman Teele has just appointed Mr. Houston... Commissioner Teele: As an ex officio member until the new board takes power. Chairman Hernandez: Correct. Commissioner Plummer: OK. Commissioner Teele: But that hasn't been voted on. Commissioner Plummer: So if mine is to be replaced, I just shut up. I shut up. Chairman Hernandez: Thank you. There's a motion by Commissioner Regalado, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 97-884 A MOTION APPOINTING AMANCIO J. SUAREZ AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. Note for the Record: Mr. Suarez was nominated by Commissioner Regalado to replace Neal Harrington effective when the new board convenes. Mr. Harrington is to remain as a member for the next meeting of the Miami Sports and Exhibition Authority. 109 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. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Chairman Hernandez: Mr. Vice Chairman. Commissioner Teele: To clarify the motion that previously passed. My concern is that I think we have a situation where there is a considerable cloud. And I think, Mr. Attorney, you need to help us right now. Was the last meeting, purported meeting of the Sports and Exhibition Authority in which Mayor Suarez attended a legally constituted meeting? Mr. Jones: In my opinion, it was not a legally duly constituted meeting, nor were the appointments that were made. Commissioner Teele: Would you provide this Commission and the Mayor with a written opinion to that effect, because I think what we really need to be in the business of is trying to provide a little stability here. And I think that goes a long way. I think what Commissioner Regalado has said, that his appointment is effective with the new board, so we know exactly who is there, which is the question J.L. is saying, "Who is there?" And what I'm offering now is to serve notice that my appointee to that board would be Al Houston, and he should serve as an ex officio member, so that we can have some continuity here, and stability here in this City. Commissioner Regalado: With the difference that your appointment will be effective... Commissioner Teele: No, sir, I don't have an appointment. Commissioner Regalado: No, no, I mean as an observer, he should attend this coming meeting, this... Commissioner Teele: This coming meeting, yes, sir. Commissioner Regalado: OK. Mr. Jones: Commissioner Teele, just if I may, a point of... He's not really... insofar as the person you want to... he really wouldn't be ex officio, because he's not acting by virtue of anything, so why don't we just make him a... as an appoint... a person you're going to appoint to monitor at this point. Commissioner Teele: A person to appoint to monitor. Moved and seconded. Commissioner Plummer: Yeah, fine. Chairman Hernandez: There has been a motion by Vice Chairman Teele, second by Commissioner Regalado. All those in favor, say "aye." 110 December 9, 1997 The Commission (Collectively): Aye. Chairman Hernandez: All those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-885 A MOTION APPOINTING AL HOUSTON AS A NON -VOTING OBSERVER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR PURPOSES OF MONITORING THE ACTIVITIES OF SAID BOARD UNTIL THE COMPOSITION OF THE NEW BOARD IS ESTABLISHED. [Note for the Record: Mr. Houston was nominated by Commissioner Teele.] Upon being seconded by Commissioner Regalado, 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. Commissioner Plummer: All right. Let me ask just one more time for clarification. In January, every board is subject to either reconfirmation or replacement of members. Chairman Hernandez: Correct. Commissioner Plummer: I mean, that's DDA (Downtown Development Authority), that's every board. Chairman Hernandez: Every board. Commissioner Plummer: All right. I only have one other thing. Commissioner Teele: Before you do, can we read into the record, just so that it's very clear, who the members of the Sports and Exhibition Authority are, as of today, just so that the record is clear? Commissioner Plummer: I can tell you one, and that's Mr. Robert Ratiner. Chairman Hernandez: Eli Feinberg is Mr. Gort's appointment at this point in time, correct, Commissioner Gort? Commissioner Plummer: Eli Feinberg is yours? Commissioner Gort: Yes. Chairman Hernandez: Eli Feinberg is your appointment. I have Orlando Garcia, Jr. 111 December 9, 1997 Commissioner Teele: Who you just -replaced. Chairman Hernandez: Who I just replaced. Commissioner Teele: I have no appointee. However, I've named an observer, Mr. Houston. Commissioner Regalado: And the appointment that I made, it will be official when the new board convenes, so Mr. Harrington will have to attend this meeting. Chairman Hernandez: OK. I ask all the Commissioners to be ready for the 13th of January so they can have all their appointments ready, so we may appoint all these boards that are in need of... to meet quorums. Mr. Foeman: Mr. Chairman, excuse me. Chairman Hernandez: Mr. Clerk. Commissioner Regalado: And then there's the question of the Chairman. Who is the Chairman of... ? Chairman Hernandez: Well, I intend to request the appointment of the Mayor of the City of Miami as Chairman of the board and... Commissioner Regalado: For this coming meeting? Commissioner Teele: Mr. Chairman? Chairman Hernandez: Vice Chairman Teele. Commissioner Teele: Mr. Chairman, I think by operation of the ordinance as it's written, the Mayor... Mr. Attorney, correct me if I'm wrong. By operation of the ordinance, the Mayor, right now... Mr. Jones: The Mayor, right now, as a member of the Commission, is chairperson. But you don't have that situation now. Commissioner Regalado: Right. Commissioner Plummer: It's always rotated. Commissioner Teele: So who is Chairman? Mr. Jones: Right now, Neal Harrington is until you... I mean, right now, you really don't have... you just have an acting director. Commissioner Teele: Then if that... he... Commissioner Regalado: No, he's talking about Chairman, not acting director. Chairman Hernandez: He was serving a dual purpose. Mr. Jones: Yeah, he was doing both. 112 December 9, 1997 Chairman Hernandez: He was Chairman and Executive Director at the time. Commissioner Regalado: Yeah, yeah, I know. Chairman Hernandez: So if we... I mean, we appointed you last time, Art, CRA (Community Redevelopment Agency) Chairman. We might 'as well appoint him now. Commissioner Teele: Of what? Chairman Hernandez: The Chairman. Commissioner Teele: Of what? Commissioner Plummer: All right, let me... Chairman Hernandez: I thought you... we appointed you last time... Commissioner Teele: OK. Chairman Hernandez: ... to the CRA. We can go ahead and appoint the Mayor. Commissioner Teele: We're talking about the Sports and Exhibition... Chairman Hernandez: Yeah. Commissioner Teele: I don't... If that's the will of the majority... I mean, if that's what we're saying, then I think we ought to do it. Chairman Hernandez: That's what I'd like to do at this point in time, is recommend Mayor Xavier Suarez. Commissioner Plummer: Excuse me. We do not do that. You, as Chairman, can make those appointments. It's not subject to Commission approval. Chairman Hernandez: Well, I'd like to hear the approval of the Commission. Commissioner Plummer: I move the Mayor be appointed the Director or the Chairman of the Sports Authority. Commissioner Teele: As Chairman. Chairman Hernandez: As Chairman. Commissioner Plummer: As Chairman, of course, with no vote. Commissioner Teele: Second the motion. Chairman Hernandez: We have a motion by Commissioner Plummer, seconded by Vice Chairman Art Teele to appoint Mayor Xavier Suarez as Chairman of the Sports and Exhibition Authority. All those in .favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote, five zero. 113 December 9, 1997 • 0 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-886 A MOTION APPOINTING MAYOR XAVIER L. SUAREZ AS A MEMBER AND CHAIRMAN OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY. [Note for the Record: Mayor Suarez was nominated by Chairman Hernandez.] 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. Mr. Foeman: Mr. Chairman... Commissioner Plummer: For the next Commission meeting, I have been made aware that there has been conversation about my International Trade Board, which I, as Chairman, have not been privy to, invited to, nor clued into of what is going on. I am going to ask an expression from my colleagues on this Commission, since especially that Alex Penelas has abolished all committees in the County, as to whether or not you feel that, as I feel, that the International Trade Board should continue on. OK? I think it's very important, more so important today that there is none in the County. So I'm just saying to you that give it some consideration on the next meeting when we make these changes and we make these appointments, because I am... I got to be honest with you. I am in the dark. Chairman Hernandez: Well, Commissioner Plummer, I'll be appointing a Chairperson for the International Trade Board on the 13th, and then you will have a meeting. Someone... whoever will be the Chairperson will have a meeting and decide what will be the future of the International Trade Board. Commissioner Plummer: That's fine. Commissioner Regalado: If I may. The International Trade Board has done tremendous work, especially in the last six months. The City of Miami should be grateful to the board. Chairman Hernandez: Let's move on to item 22... Mr. Jones: Mr. Chair. Chairman Hernandez: Yes, Mr. City Attorney. Mr. Jones: Before you move, please, a point of clarification. Were you appointing Mayor Suarez as the new Chair under the new system... I mean as of the... when the new board takes effect? 114 December 9, 1997 Commissioner Teele: Right now. Chairman Hernandez: Right now. Mr. Jones: OK. Well, you can't do that, because the present ordinance doesn't allow it. Chairman Hernandez: The present ordinance doesn't allow the Mayor to sit as Chairman? Mr. Jones: The Mayor... As the present ordinance is constituted, it is the Mayor as a member of the City Commission, the Mayor/Commissioner. You don't have... Right now, you can't appoint him, because he is not Mayor/Commissioner. He's Executive Mayor. Chairman Hernandez: All right. Commissioner Regalado: Mr. Chairman, if I may. Since we need to have a Chairman for this coming meeting, since Vice Chairman Teele does not have an appointment yet, can we appoint Vice Chairman Teele for this... only for this meeting? Chairman Hernandez: How important is this meeting? Can we postpone this meeting until we make the new... Commissioner Regalado: Well, I don't know, but I'm just... I just... Commissioner Teele: Mayor Suarez is calling the meeting. Commissioner Regalado: Yeah. I just saw a memo calling for a meeting. I don't know if it's important or not but... Chairman Hernandez: OK. Let's do this. Let's move on to item 22. I will get in touch with the Mayor's staff and see how important it is, if we can postpone the Sports and Exhibition meeting until we make the changes to this new board. OK? ---------------------------------------------------------------------------------------------------------------- 24. CONTINUED / CLARIFY COMMISSION'S INTENT CONCERNING USE OF COMPETITIVE BIDDING TO OBTAIN LIFE INSURANCE POLICY FOR ELECTED OFFICIALS. -- SEE LABEL 20. Commissioner Plummer: Mr. Chairman, I've been asked for a clarification from the department, and I thought it was understood that the... the insurance that we're looking into for the Mayor and Commissioners would go out as a total package for all, which a better price could be derived. Is that our... It was my understanding. Was it anybody... Commissioner Teele: That wasn't my motion. I'll be happy to make it, but I've got to tell you, I think... Commissioner Plummer: Huh? Frank Rollason (Director, General Services Administration): It was my understanding we would bring it back as a discussion item for the Commissioners in January... Commissioner Plummer: Oh, absolutely. Oh, yeah. 115 December 9, 1997 Mr. Rollason: ... and I would hold off on the Mayor's, and do them all together to get a better... Commissioner Plummer: ... package for the price. Mr. Rollason: ... package. Chairman Hernandez: OK. Commissioner Plummer: Yeah, that's fine. Chairman Hernandez: That's good enough. ---------------------------------------------------------------------------------------------------------------- 25. DISCUSSION REGARDING TERMS AND TENURE OF BOARD MEMBERS. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Before we move on to item 22, the City Clerk would like to say something. Walter Foeman (City Clerk): I wanted to clarify for the record, Mr. Chairman, that as far as the board appointments, the terms for MSEA (Miami Sports and Exhibition Authority), Health Facilities Authority and Code Enforcement are governed by State law, which states specific terms. In addition to that, the Charter controls the Civil Service Board as well as Off -Street Parking. And finally, the Code controls the terms of DDA (Downtown Development Authority). So when we bring that back in December, we can't change the terms for those boards, because they're governed by another authoritative source. Commissioner Plummer: When are the appointments up on DDA? Are they all... are they staggered, or are they all up at the same time? Mr. Foeman: I think in September, you passed a new ordinance which required two-year terms for DDA members. Commissioner Plummer: That's State Statute? Mr. Foeman: No. That's Code. That was a new Code provision that we passed. A. Quinn Jones, III, Esq. (City Attorney): That was what you wanted. Commissioner Plummer: Two years or one year? Mr. Foeman: Two years. Mr. Jones: You wanted two yeard for that. Commissioner Plummer: OK. Mr. Jones: Yeah. Commissioner Plummer: OK. But when are they up? Are they up now, or are they up in a year from now? 116 December 9, 1997 0 Mr. Foeman: I'd have to look at my Boards Book. I don't... Commissioner Plummer: Well, please let us know. Mr. Foeman: That's not on the agenda now, but I can let you know. Commissioner Plummer: Of this year? OK. ---------------------------------------------------------------------------------------------------------------- 26. DISCUSS MONTHLY REPORT ON STATUS OF CABLE TV FRANCHISE -- INSTRUCT CITY MANAGER TO EXTEND MIAMI- TELECOMMUNICATIONS, INC (TCI) DEADLINE TO SUBMIT RENEWAL PROPOSAL FOR CABLE TELEVISION SERVICES -- FURTHER REQUEST ADMINISTRATION TO UPDATE CITY CODE WITH NEW FEDERAL REGULATIONS BY MARCH, 1998 AND TO ISSUE REQUEST FOR PROPOSALS FOR CABLE TELEVISION SERVICES IN MIAMI. Chairman Hernandez: Item 22. Discussion concerning the monthly report on status of cable TV franchise. Ms. Elaine Buza (Telecommunications Coordinator): Elaine Buza, telecommunications coordinator, City of Miami. At the October 28th Commission meeting, Miami TCI was granted an extension for the submission of their formal proposal to December 27, 1997, and also directed that they more vigorously pursue the informal negotiations with the City. I'm pleased to report that since that time, we have been meeting at least weekly with Miami TCI. We have come to some agreement on a lot of technical issues that were stalemated previously, and negotiations are moving along. One of the things that we would like to suggest at this point in time, given the success of this effort, is that we now further extend the submission of the formal proposal to March 31, 1998, so that we can hopefully bring to a conclusion this informal process, and bring forth a new ordinance for the cable TV franchise. Commissioner Plummer: I have a question. Ms. Buza: Yes, sir. Commissioner Plummer: Is there, at any time, in any of your discussions or negotiations any vibrations that TCI is for sale? Ms. Buza: We have heard rumors to that extent, yes. Commissioner Plummer: OK. I want a direct answer. I want you to ask TCI a direct question. Ms. Buza: TCI is here, and I think they can respond to that. Commissioner Plummer: All right. And what is your phone number with complaints that I remember? Ms. Cheryl Blanchette: I'll have to give it again. Commissioner Plummer: OK. 117 December 9, 1997 Ms. Blanchette: Cheryl Blanchette, TCI South Region, 600 North Pine Island Road. Plantation, Florida, 33324. You know, the rumors are real and... Commissioner Plummer: I don't deal in rumors. I'm asking a yes or no. Is your firm up for sale? Ms. Blanchette: Well, we anticipate that a letter of intent will be -reached with Media One. Chairman Hernandez: So it's up for sale. Commissioner Plummer: So then... Ms. Blanchette: Well, not just... I mean, I'm just talking about the South Florida properties. That's all I'm talking about. Commissioner Plummer: The one... no, Miami. Ms. Blanchette: Miami TCI. Commissioner Plummer: I couldn't care less about the rest of them. Ms. Blanchette: Yes, sir. Commissioner Plummer: I serve only Miami. So now, what does that do to our negotiation? If, in fact, you're going to transfer, we will reserve the right to the transfer? Or... Ms. Busz: The cable company has to come back, and you have to approve the transfer. There is some paperwork that they have to submit, and then it comes to you. However, if, in fact, a letter of intent should be signed with Media One, that still does not mean that that sale is a definite at that point in time. But you still... Commissioner Plummer: Yeah, but I'm trying to think of... what is our negotiating position,.if it is? That's what concerns me. Ms. Buza: Well, I think possibly, what we would want to pursue at that point is, you know, there are... TCI is in this process with several other political entities throughout the country, and this effort could go on for six months to a year, maybe longer. Commissioner Plummer: A letter of intent has a final cutoff date. What is the final cutoff date of this letter of intent? Ms. Blanchette: Right now, we don't have that kind of detail, but what... We estimate that if, in fact, the letter of intent is signed, that anywhere between six months and a year for the whole process of due diligence to take place, and finalizing a contract that you could actually, as a Commissioner, review. Commissioner Plummer: OK. Where my problem is coming, and to the rest of my colleagues, the industry is changing radically. OK? And what is today is not tomorrow. And what you negotiate today might be fair, or it might not be fair to the City tomorrow. And I am concerned of the provisions of... I don't know. How many years are you negotiating for now? What's the ballpark? Ms. Buza: Well, previous to getting more definite word on the letter of intent, we had been talking about a possibility of ten years as a minimum. However, if a letter of intent were to be 118 December 9, 1997 signed, in fact, then, of course, that would not be appropriate. We would want to go through a much smaller term, which would bring us just to the point of the sale. TCI has committed to the City that they will still go through with their technical upgrade processes that have been planned for 1998, Even if this letter of intent is signed, they still anticipate going through the technical upgrade. On November 28th, I believe the Miami Herald ran an article on new digital product... Commissioner Plummer: So what? Ms. Buza: OK. Chairman Hernandez: OK. Ms. Buza... Commissioner Plummer: Look, I'm trying to put ourselves in the best negotiating posture that we can. For example, if we say, no, we're not going to negotiate with TCI, they can throw that letter of intent out the window. Media One isn't going to want to talk to them, realizing this is a non-exclusive franchise. Ms. Buza: Right. Commissioner Plummer: Maybe Media One might want to talk directly with the City of Miami. All I'm saying to you at this particular point, Mr. Chairman, is I'd like to make a motion that we continue this over to January the 27th or January... what's our next... yeah, the 27th. Chairman Hernandez: Commissioner Plummer, I think you would... It's important to note for the record several things that are going on that haven't been mentioned by Ms. Buza. Number one, we need to update the Code to the new regulations. Number two, we need to remove the contract with TCI out of the Code as it exists today. As you remember, the wish of the Commission was that at one point in time to issue an RFP (Request for Proposals). Now, an RFP cannot be issued until... or negotiated with other companies until we fix the Code or put it up to date. I think parts one and two need to be done, so we may proceed with an RFP process, negotiate with other companies, and we need an extension. I'm recommending that we... your motion, you extend it three months, so it gives the Administration an opportunity not only to put the Code up to date, to remove the contract with TCI out of the Code, and then they can issue an RFP. Is that all right? Commissioner Plummer: Mr. Chairman, I really have no problem with that, except an overall problem that I always have is, when other people are negotiating for me, and then throw something on the table, and expect me to ratify it. And I, at this particular point, don't know what they're negotiating. But I'd hate for them to be spinning their wheels for something that is directly in opposition to what this Commission... If they would come to each one of our offices, and sit down with each one of us, and say, hey, here's what we're negotiating, and here's what we're trying to accomplish... I'll be honest with you. The only one I've heard from is TCI, and she's been nice enough to send me an... like a weekly fax, updating where they are. And so I think that for the purposes of trying to do the best we can for the City, I'll go along with the three months. But I think we need to know what's going on. Chairman Hernandez: OK. Well, we're going to... Ms. Buza: OK. We'll absolutely do that. Chairman Hernandez: We're going to be instructing the... Commissioner Plummer: I'll move it till March. What's our meeting in... the second meeting in March. 119 December 9, 1997 Chairman Hernandez: The second meeting in March. Commissioner Plummer, it's important to instruct the Administration to go ahead and update the Code. Commissioner Plummer: I mean, that's only if they promise not to change all them damn channels again. I can't find anything on my cable box. Chairman Hernandez: There's a motion on the floor by Commissioner Plummer, second by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-887 A MOTION INSTRUCTING THE CITY MANAGER TO EXTEND FOR THREE (3) MONTHS THROUGH MARCH 24, 1998 THE DEADLINE FOR MIAMI TELECOMMUNICATIONS, INC. (HEREINAFTER REFERRED TO AS TCI) TO SUBMIT A FORMAL RENEWAL PROPOSAL FOR CABLE TELEVISION SERVICES; FURTHER INSTRUCTING THE ADMINISTRATION TO UPDATE THE CITY CODE TO INCLUDE NEW FEDERAL REGULATIONS IN CONNECTION WITH CABLE TELEVISION AND REMOVE THE CONTRACT WITH TCI FROM THE CODE AS IT EXISTS TODAY; AND FURTHER DIRECTING THE MANAGER TO ISSUE A REQUEST FOR PROPOSALS (FOLLOWING SAID CODE CHANGES) FOR CABLE TELEVISION SERVICES IN THE CITY OF MIAMI. 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. NOTE FOR THE RECORD: At this point, Chairman Hernandez announces that Mayor Suarez will not be attending the Miami Sports and Exhibition Authority meeting scheduled for December 10, 1997. Chairman Hernandez: Unanimous vote. Updating you on the issue of the Sports and Exhibition Authority. There is a meeting on the Sports and Exhibition Authority tomorrow. The Mayor will not be attending, and therefore, he will not be sitting as Chairman. Mr. Jones: I thought it was Thursday. 120 December 9, 1997 • Chairman Hernandez: So it's moot. We'll wait till we make the changes January 13th. ---------------------------------------------------------------------------------------------------------------- 27. DISCUSS TERMS / CONDITIONS OF AGREEMENT FOR LEASE OF CITY PROPERTY AT 1000 S. MIAMI AVENUE (FIREHOUSE IV RESTURANT) -- DISCUSS TRANSFER FROM CARLOS ALAMILLA AND ASSOCIATES TO GUS VIDAURRETA -- FURTHER SCHEDULE PROPOSED CONTRACT FOR COMMISSION REVIEW FOR MEETING OF JANUARY 13, 1998. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: Item 23, discussion regarding the City -owned property located at 1000 South Miami Avenue, Firehouse Four. Ms. Bianchino. Dena Bianchino (Assistant Director, Asset Management): Yes, sir. As you recall, at the October 28th City Commission meeting, Mr. Carlos Alamilla requested that the City prepare for him a letter of intent in the lease for the property known as the Firehouse Four Restaurant. Staff met with Mr. Alamilla. We presented a lease to him. We had established a mutual deadline for him to come up with the final information that we needed. And at four o'clock on the day that it was requested, we were given a request for an extension. Commissioners, I think you know this has been going on since June, this negotiation. We... Subsequent to the request for the extension, which we did not grant, we were given additional information by Mr. Alamilla regarding the situation. This morning, we were handed a letter from Ramon Rasco that indicates that they may have a potential... and I want to say potential investor in this project. I think there are two issues for the Commission to decide. One is the timing issue. Do we want to continue negotiations at this point? And I think Mr. Rasco will want to talk about that. And the second are some legal issues that need to be addressed. Mr. Alamilla is asking for a free one-time transfer, because he has certain legal problems, and he cannot hold the lease. He is asking that the lease be given to Carlos Alamilla and Associates, and immediately transferred to another corporation called Firehouse Four and Associates, or something like that. Normally, on a transfer situation, we do get a percentage of the consideration. We get seven percent of whatever consideration is given for the transfer. So there are two things being requested here: another extension of time, and a free one-time transfer. And I would strongly say to• you that if this is granted, that the City would need specific indemnification from Mr. Alamilla for any lawsuits which are currently pending against him. Chairman Hernandez: OK. Mr. Rasco. Mr. Ramon Rasco: Thank you, Mr. Chairman. My name is Ramon Rasco, for the record, 5200 Blue Lagoon Drive in Miami. 'I'm here today on behalf of Agusto Vidaurreta, who is my client, and who has been negotiating with Mr. Alamilla, and with Mr. Amador. In order to become Mr. Amador's financial partner and backer in this venture, he would take the place of Mr. Alamilla in this matter. We are well advanced in negotiations, and we should reach... we should sign an agreement with Alamilla... Mr. Alamilla by tomorrow. For your information and for the record, Mr. Vidaurreta is presently vice president of Cambridge Technology, responsisble for the Latin American and Southeast U.S. operations of Cambridge Technology, which is a public company based in Cambridge, Mass. He was a founding partner in 1988 of a systems consulting company which was purchased by Cambridge in 1995, and Made, Inc. Magazine, that's one of the fastest 500 growing private companies in the country. He is well experienced in technology matters and in start-up companies, and he brings a tremendous amount of financial experience, success and business acumen to this venture, which I believe is exactly what this venture needs. What we need, Mr. Chairman and members of the Commission, is approximately 15 days... probably less than that. I ask for 15 just because of the holidays, to finalize matters with Mr. Alamilla. There 121 December 9, 1997 will be absolutely no problem in getting the City... indemnification that the City needs, and making sure that we work everything out with your City Attorney to conclude this deal very expeditiously. Chairman Hernandez: You've given us two checks. Who is... Is the City holding it in a trust account right now? Mr. Rasco: No. I gave the checks to Ms. Bianchino earlier today. She gave them back to me. I had them here to give to her, basically, as a good faith deposit, to show you that we mean business. We are ready to do this deal. Chairman Hernandez: Will those checks he nonrefundable? Mr. Rasco: No. The checks are refundable. Chairman Hernandez: What is it for? Six months in advance rent, and what else? Mr. Rasco: The security deposit - the full security deposit - not the one half that was discussed here at the last Commission. The full security deposit and the first six months rent. Chairman Hernandez: And you have no problem with her request that you fully indemnify the City of Miami of any damages? Mr. Rasco: On Mr. Alamilla's lawsuits? Chairman Hernandez: Yes. Mr. Rasco: Mr. Alamilla has agreed to that, that's correct. Chairman Hernandez: That's what you're requesting, correct, Dena? Ms. Bianchino: Yes, sir. Yes, sir. Chairman Hernandez: So you have no problem with this 15-day extension? Ms. Bianchino: Well, I think that in the letter, it says that he needs 15 days for his due diligence. We also need time for our due diligence. It works both ways. We need to do a background check on this gentleman, and make sure that he's serious, because at this point, we have no binding commitment from him. I want to be clear on that. There is no binding commitment. Chairman Hernandez: How much time does the Administration need? Ms. Bianchino: I would say if we work together, we could hopefully come back to you with either up or down and a lease on the 13th... on the... whenever the next Commission meeting is. Chairman Hernandez: January 13th. Ms. Bianchino: Is that... Mr. Rasco: That's perfect. Chairman Hernandez: So we're going to place this item on the January 13th agenda item. Ms. Bianchino: That's your call. 122 December 9, 1997 Commissioner Plummer: Well, what are we doing here? Ms. Bianchino: That's your call. Commissioner Plummer: Excuse me. What are we doing here? I don't see any numbers or any figures of how much money they're going to spend to upgrade the place. I don't see anything on how many years they're talking about. I don't see anything on the return to the City. Ms. Bianchino: Commissioner, if I may... Commissioner Plummer: Wait, let me stop you. Ms. Bianchino: OK. Commissioner Plummer: The instructions this Commission gave you - "you," the Administration, and I don't remember if it was Dena or not - is that when the number one awardee failed, to go and see if you could negotiate with number two, to try and see if they were willing to come up to what was number one. Ms. Bianchino: Correct. Commissioner Plummer: OK. And if not, it would go back out to rebidding. Now, I'm losing something here, because... I don't know. Are they coming up to the same figures and the terms and conditions of number one? Ms. Bianchino: No, sir. Commissioner Plummer: Well, then, what are we talking about? Ms. Bianchino: They have rejected that lease out of hand. Commissioner Plummer: , Well, but that... You see, what this Commission instructed the Administration was that if you did not come up to the number one that it would go back out to a rebidding. Now, how close are they? Ms. Bianchino: Not. Commissioner Plummer: They're not close. And that area is booming. OK? Mr. Rasco: May I, Mr. Plummer? Commissioner Plummer: They've got a place directly across the street, whatever the name of that marketplace is. You can't even get in the place. Now, why would we... Mr. City Attorney, I guess I've got to ask you. As I recall, it was the City Attorney who, at the last time said that if they would match the first awardee that we could consider. Now, they're not even... according to her, and I don't know the numbers, they're not coming close. Can we go to the second bidder without... A. Quinn Jones, III, Esq. (City Attorney): Well, I don't think that is exactly the case. I think it was your desire. I remember you asking a question, and I think that you instructed the Administration that as long as they either matched or equalled to. Commissioner Plummer: Yeah. 123 December 9, 1997 Mr. Jones: But the negotiations didn't... apparently did not go that way. But let me say this to you, Commissioner, as an aside: I have some very serious concerns relative to this lawsuit that's pending, and this gentleman's ability to perform, if, in fact, this deal were to go through. So I think that that's a very serious concern, because it... You know, we don't know, and I can't sit here and say that there is going to be a judgment rendered against him. But you need to be... You need to be aware that that... You need to be aware that that's a problem. Commissioner Plummer: Would you upgrade me? Maybe I'm getting old. Commissioner Gort: What's the lawsuit? Commissioner Plummer: What is the lawsuit? I mean, have we been informed of what... who's filed a lawsuit, for what reason, and why? Ms. Bianchino: We have... Commissioner Plummer: Does anybody else here have any knowledge of the lawsuit? Chairman Hernandez: No. Commissioner Plummer: I don't either. Commissioner Regalado: But it's not a lawsuit related to the Firehouse. It's... Ms. Bianchino: No, it is not related. Commissioner Plummer: Well, whatAs the lawsuit the City Attorney is speaking about? Commissioner Regalado: Because Alamilla is being sued, that's all. That's why he's withdrawing. Mr. Alamilla: Commissioner, let me explain to you. Commissioner Plummer: Well, wait, whoa, whoa. Let me... Let my City Attorney finish. Mr. Jones: Yeah. Commissioner Plummer: OK? Then I'll be glad to listen to you. Mr. Jones: The lawsuit I have here apparently is on a default on a loan. And the lawsuit was brought by Banco - excuse me, because I can't pronounce it correctly - Banco Cafetero International Corporation versus Alamilla and Associates. And it essentially is a... it is a loan default. I'm trying to see... Commissioner Plummer: But is that a loan which is in any way related,to the Firehouse? Mr. Jones: Well, it's not... Mr. Alamilla: Not at all. Mr. Jones: What I'm saying to you is that not because it's related to Firehouse. What I'm saying to you is you need to be aware that if there is that outstanding liability, for whatever reason, if a court were to adjudicate this claim against Mr. Alamilla as being valid, then you need to know how that may, if in any way affect... 124 December 9, 1997 Commissioner Gort: Affect you. Mr. Jones: ... affect the City. Commissioner Plummer: How much is the loan for? The reason I'm asking is according to this letter which I'm reading here, Smith Barney says he has assets in six figures. Commissioner Gort: That's a different person. Commissioner Plummer: That's a different person. Commissioner Gort: Yes. Mr. Rasco: That's my client, Mr. Plummer. Commissioner Plummer: That's your client. Mr. Rasco: Yes, sir. Commissioner Plummer: And who is... Tell me, who is your client? Is he the man from Malaga? Mr. Rasco: No. My client would be the partner of the man from Malaga, Mr. Amador Fernandez, who is right here. Commissioner Plummer: And this gentleman is not involved? Mr. Rasco: This gentleman was the original proposer with Amador. Commissioner Plummer: Right. Mr. Rasco: And he is assigning his interest, getting out, to my client and Amador. Commissioner Plummer: And who is your client? Mr. Rasco: Gus Vidaurreta, the person who is... Commissioner Plummer: Is that the lawsuit? Mr. Rasco: ... referred to in that letter that you're looking at that I gave you. Ms. Bianchino: Commissioner, just to clarify two points. Because of the RFP requirements, we must sign a lease with Mr. Alamilla. He will then transfer the lease to this new entity. I think what the City Attorney was expressing is there is some concern that during that period in which he holds... Commissioner Plummer: When did we give him a lease? Commissioner Gort: We haven't. Commissioner Plummer: We haven't given him a lease. Ms. Bianchino: No, we haven't. 125 December 9, 1997 Commissioner Plummer: Well, why are we going to transfer it? Ms. Bianchino: Because he wants us to. That's what I'm trying to tell you. Commissioner Plummer: Oh. And I want the same amount of money that was there before. Ms. Bianchino: You know, we... the money is not that far behind. We looked at it again. Based on your request for six months security and all those other things, the deals are fairly close. Commissioner Regalado: Mr. Chairman. Commissioner Plummer: They are close. Well, that's what I want to know. Ms. Bianchino: And they would be put before you in January. You would see every number, every detail. We would... Commissioner Plummer: But I just asked you a minute ago if the offer of theirs was close to the first offer, and you said no. Ms. Bianchino: Because initially, they refused it. Then we talked to them, and they agreed to do certain things that they hadn't agreed to do before. Commissioner Plummer: Give me an example. How much money are they going to spend? Ms. Bianchino: They're going to spend two hundred and some thousand dollars on their improvements. Mr. Rasco: No. We're going to spend three hundred and fifteen thousand, Commissioner. Commissioner Plummer: In what time frame? Mr. Rasco: In two months. Commissioner Plummer: Two months. OK. What is the minimum annual guarantee? Ms. Bianchino: Wait. Let me get something straight. They're going to spend two hundred and seventeen thousand dollars ($217,000) on the improvements to the building. OK? That's to the building. Commissioner Plummer: Right. Ms. Bianchino: Ninety-eight thousand is for furniture, fixtures and equipment. Commissioner Plummer: OK. Ms. Bianchino: So get that... What they are proposing is minimum annual rent for the first three years of seventy-six thousand five hundred dollars ($76,500). Commissioner Plummer: And what was the other offer? Ms. Bianchino: It was the same. That... They both proposed... Commissioner Plummer: All right. Look, you're going to... 126 December 9, 1997 Ms. Bianchino: All right. I'm going to... Commissioner Plummer: What are you asking us to do today? Mr. Rasco: Commissioner, we're going to... Commissioner Regalado: OK. Can I say something, Mr. Chairman? I think... Chairman Hernandez: Yes, Commissioner Regalado. Commissioner Regalado: I think that the only problem that we have here is the liability that we can have in the time we were to approve giving Carlos Alamilla a contract and the time that he will transfer that contract to the new partner for Mr. Amador. Mr. City Attorney, how long would that take? And can we do that legally? I mean... Mr. Jones: I'm sorry, Mr.... Commissioner Regalado: Yeah. Can we... Can we approve now, if we wanted to, giving Mr. Alamilla a contract, and then he will transfer that to the new partner, that... I'm saying... What I'm saying is, can we do that legally? Mr. Jones: You can do that. I mean; you can do that. It'.s this Commission's prerogative as to whether it's going to do that... it wants to do that. Commissioner Regalado: OK. Because it seems that... like Dena said, we've been discussing this for almost a year now. Chairman Hernandez: No, 18 months. Commissioner Regalado: Right, more than a year. And that place is in the middle of the best area of Miami, and we have not done anything. And I just think that if we... Dena, you know that contract like the palm of your hand. So what do you think? Do you think that we should do this? Are you going to get those checks from them? If they do that, would... Ramon, would... Do you really believe that Mr. Alamilla will transfer the title to Mr. Amador? Mr. Rasco: Absolutely, absolutely. We have a contract drawn up. Commissioner Regalado: And everybody is happy? Mr. Rasco: Yes, sir. Commissioner Regalado: And they're going to start serving dinner like when, if you know? Mr. Rasco: Amador, if this gets approved in January, when can you open? Mr. Jose Amador Fernandez: Right now, we are opening for the... February 14th. Mr. Rasco: No, no, no. If it's approved in January, what do you need? About 60 days to 90 days? Mr. Fernandez: Two months. Mr. Rasco: Two to three months. 127 December 9, 1997 Chairman Hernandez: I think we can't afford to send this out again once... for another six-month process before we start accepting new bids and stuff. Let's give him another opportunity. You're talking about 15 days. Administration is asking for about probably another 15 days. In 30 days, we can have this... Commissioner Plummer: Mr. Chairman, without having in front of me all of the particulars relating to the contract, I don't think any of us are ready to vote. Commissioner Gort: We can't vote. We're not voting today. Chairman Hernandez: We're not going to approve... We're approving an extension so they can sit down and work it out. Commissioner Plummer: OK. Fine. What we're doing is giving them time to further negotiate. Chairman Hernandez: Right. Commissioner Plummer: Mr. City Attorney? Mr. Jones: Yes, sir. Commissioner Plummer: By virtue of accepting these checks, no vested right? Mr. Jones: Well, you make it clear on the record that there's no vested right. Commissioner Plummer: Ah. OK. I want to make damn sure that there is no vested right. Mr. Jones: Because I don't... Chairman Hernandez: Well, let's not accept the checks. Let's... Commissioner Plummer: Well, that's... OK. I just want to make sure. Ms. Bianchino: Excuse me. Mr. Jones: I mean, because I don't want them to come back and say that there is some equitable estoppel or whatever the case may be, simply because the City has accepted the checks. So... Ms. Bianchino: Can I make a suggestion? I don't think we need to accept the checks. Chairman Hernandez: Absolutely. Ms. Bianchino: The checks are due upon lease signing. Chairman Hernandez: Absolutely. Ms. Bianchino: You know, they have to come up with them or there's no lease. What we do need - and this is what you need to be aware of - is a firm commitment letter from the gentleman that Mr. Rasco is representing - very firm - indicating that he is going to finance this project. That's what we really need, and that's what we need to have before we can come back to the City Commission. Chairman Hernandez: We expect you to be back here by January 13th - OK? - with a contract before us so we can approve or not approve. All righty? 128 December 9, 1997 Mr. Rasco: Perfect. Chairman Hernandez: Is there a motion to extend this to January 13th, put it on the agenda? Commissioner Regalado: Motion... Commissioner Plummer: So move. Commissioner Regalado: Move it. Chairman Hernandez: We've got a motion by Commissioner Plummer, second by Commissioner Regalado, All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous, five/zero. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-888 A MOTION INSTRUCTING THE ADMINISTRATION TO PROCEED WITH NEGOTIATIONS CONCERNING LEASE OF FIREHOUSE FOUR PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE; FURTHER INSTRUCTING THE ADMINISTRATION TO PROCEED WITH A TRANSFER OF CURRENT NEGOTIATIONS FROM CARLOS ALAMILLA TO GUS VIDAURRETA; AND FURTHER DIRECTING THE ADMINISTRATION TO BRING BACK PROPOSED CONTRACT AND FIRM LETTER OF COMMITMENT FOR COMMISSION CONSIDERATION AND REVIEW AT THE COMMISSION MEETING SCHEDULED FOR JANUARY 13, 1998. Upon being seconded by Commissioner Regalado, 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. Commissioner Teele: Question. Chairman Hernandez: Vice Chairman Teele. Commissioner Teele: Could you explain to me, Mr. Manager, what have we just done now? First of all, Mr. Clerk... Madam Clerk, how long have we been on this item? Fifteen, 20 minutes. OK. What have we just done on this? Chairman Hernandez: We've granted them an extension... You want the Manager to answer that? 129 December 9, 1997 Commissioner Teele: Yeah. But how much is in controversy here... Chairman, Hernandez: There's nothing... Commissioner Teele: ... on a monthly basis? Commissioner Plummer: No, there isn't controversy... Mr. Teele, if I may help, please. Chairman Hernandez: Commissioner Plummer. Commissioner Plummer: This was a deal that the initial awardee had fell through. They could not substantiate their financing. This group was the second, number two group. Commissioner Teele: Right. Commissioner Plummer: We said to the number two group, see if, in fact, we can come close to the same results as what was offered in the number one group. That's where we are. And what they're trying to do now, this gentleman in the green who had the number two group, wishes to transfer his rights, as I understand it, over to this other group. Commissioner Teele: Right. Commissioner Plummer: And we're giving him until the 13th of January to sit down and negotiate it out. Commissioner Teele: The only question that I have... I understand that. I'm trying to understand... We've just spent 20 minutes on a transfer over the next 30 days. What's the maximum amount of money the City stands to reap in 30... over a 30-day period under this contract? Commissioner Plummer: Seventy-six thousan dollars ($76,000). Commissioner Teele: In 30 days? Ms. Bianchino: No. Thirty days would be about six thousand dollars ($6,000). Commissioner Teele: OK. So I just hope that when we start talking about budget issues and real money that the Commission is prepared to spend an equal amount of time of 20 minutes per six thousand dollars ($6,000), because I've got to tell you, it's... We're getting really killed by the ants in this process. And I... I mean, I think it's an important issue, Firehouse Four is an important site. But, you know, the Manager, I think, has just got to make a much stronger view in terms of what he wants us to do or don't want us to do, and don't let everybody come up here and try to negotiate their deal, Mr. Manager. Commissioner Plummer: Boy, I agree with that. Commissioner Teele: Please. Mr. Ruder: Yes, sir. Commissioner Teele: Thank you. Chairman Hernandez: OK. Thank you very much. 130 December 9, 1997 ---------------------------------------------------------------------------------------------------------------- 28. DISCUSS PROPOSED COCONUT GROVE VISITORS INFORMATION CENTER AT PEACOCK PARK BY CHAMBER OF COMMERCE -- FURTHER INSTRUCT CITY STAFF TO ASSIST WITH DEVELOPMENT OF SAID CENTER WHENEVER POSSIBLE. Chairman Hernandez: Item 24, a discussion regarding the joint project between the City of Miami and the Coconut Grove Chamber of Commerce to implement a Visitors Information Center. Commissioner Regalado: Mr. Chairman, this is very simple, and it will not take time. Last Commission meeting, Commissioner Plummer said that we should try this for a six-month period. This has been welcomed in the press. This is a very good project, and I would just need or ask approval of the Commission... That's what you need, Dena, to go ahead and start this trial period, six months for a Visitors Center, right? Dena Bianchino (Assistant Director, Asset Management): No. I'd like to... no. We got... The approval was given at the last Commission meeting. Commissioner Regalado: Right, six months. Ms. Bianchino: The issue that Commissioner Plummer asked to be brought back to him today... Commissioner Regalado: Oh. Ms. Bianchino: ... was the issue of the utilities, if you remember, Commissioner. And we have done a rough estimate, and it appears that their utility amount would run between three fifty and three ninety a month. It is not separately metered, and the City keeps the electricity on all night long. So we might want to be... Commissioner Plummer: Why don't we make them pay 50 percent and we'll pay 50 percent. Commissioner Regalado: Well but... Ms. Bianchino: Because they occupy a much smaller part of the building than we do. Commissioner Plummer: Well then 25 percent. Chairman Hernandez: Commissioner Plummer what... Aren't they paying three hundred dollars ($300) a month? Ms. Bianchino: Yes. Commissioner Regalado: Yeah. Chairman Hernandez: In rent. Ms. Bianchino: Rent, rent, yes, they are. Commissioner Regalado: J.L., they're going to have staff there during the weekends to welcome... 131 December 9, 1997 Commissioner Plummer: All right. For the first six months, we don't charge them for the electricity. Commissioner Regalado: All right. All right? Commissioner Plummer: But turn the damn things off at night and the weekends Ms. Bianchino: That's the City's job. They don't have the meters. Commissioner Plummer: Well, then install a clock. Commissioner Regalado: OK. So six months, we start. Now, we need the support of the Administration for... in terms of... What would the Chamber need, in terms of information? I... As a matter of fact, I am getting a lot of information about hotels and restaurants in the area. I will pass it on to you. And I don't know what else you need. I guess you need a sign, too, but the Public Works will take care of that. Ms. Olga Fraga: Well, as a matter of fact, the Chamber is prepared to pay for that sign. We do have funding available for it. Commissioner Plummer: Fine. Ms. Fraga: In addition, we're entering into negotiations to build out the area so it's a more professional looking Visitor Information Center, where we can supply even more brochures, and even videos running, et cetera, for the visitors that come into the area. In addition, we would like to mention or say that we're going to try to staff it on the weekends and come up with that funding, but perhaps for the Commission to consider doing it on alternating weekends with us, with City staff to share the burden. Commissioner Regalado: All right. Mr. Manager, could we then consider that possibility? And what I think that we can do, Dena and Mr. Manager, is that maybe when there are no events on the Coconut Grove Convention Center, we could use some of the staff or we can use City Parks employees in helping with this center. Commissioner Plummer: All right. Are we ready for pocket items? Chairman Hernandez: No. Commissioner Plummer: No. Chairman Hernandez: What do you want to do with item 25? It's yours, .Commissioner Plummer. Do you want to appoint an alternate member, or you want to leave it for January 13th? Commissioner Plummer: I thought we were going to leave the appointments until January. Chairman Hernandez: OK. We will withdraw item 25 and put it back on agenda... Commissioner Gort: Wait a minute. I think we have for the union... Commissioner Plummer: 'I move that item 25, 26, 27, 28... Commissioner Teele: Twenty-eight has already been done. 132 December 9, 1997 • • ------------------------ --------------------------------------------------------------------------------------- 29. APPOINT CARY MONTERO TO SERVE AS MEMBERSHIP OF BOARD OF TRUSTEES OF GENERAL EMPLOYEES' AND ' SANITATION EMPLOYEES' RETIREMENT TRUST (GESE PENSION). ---------------------------------------------------------------------------------------------------------------- Commissioner Plummer: All right. Twenty-nine... Chairman Hernandez: We need 29 and 30 today. Commissioner Plummer: All right. Well, let's do them. Chairman Hernandez: I recommend... it's the Commission at Large. I recommend Ms. Cary Montero. If anyone has... it's one of the members listed on the... Commissioner Teele: Second the motion. Chairman Hernandez: We have a motion and a second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote. The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 97-889 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Tee;e, 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. 133 December 9, 1997 ---------------------------------------------------------------------------------------------------------------- 30. APPOINT HECTOR SERRANO TO SERVE ON BOARD OF TRUSTEES OF GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: We've got item number 30. Commissioner Gort: I've got a question. Excuse me. Chairman Hernandez: Yes. Commissioner Gort: My understanding is we have an appointment here from Commissioner Kennedy. Commissioner Plummer: Huh? For what? Commissioner Gort: On the Bayside Center, a limited partnership. Chairman Hernandez: Commissioner Kennedy. That was - what? - ten years ago? Commissioner Plummer: Twenty. Commissioner Gort: 1986. Commissioner Teele: For what? What number? Commissioner Plummer: Thirty. Chairman Hernandez: That was Mayor Kennedy, so it's a little longer. Commissioner Gort: No, no. Commissioner Plummer: Well, he was a Commissioner before. Commissioner Gort: He's Commissioner Kennedy. Commissioner Plummer: That was in 19... Chairman Hernandez: That was for item 1. What item are you on? Commissioner Plummer: That's number... that was 1919. Commissioner Gort: I'm on the Bayside Committee. Chairman Hernandez: No, we're leaving that for... Commissioner Plummer: Oh, come on. Commissioner Gort: Oh, you're leaving that, too, the Bayside? 134 December 9, 1997 Chairman Hernandez: Yeah. The only other one is that last one. Commissioner Plummer: All right. What's 30? Who are we putting on for 30? Chairman Hernandez: Thirty, nominating Hector Serrano for item 30. Commissioner Plummer: Is that who the Sanitation Department asked for? Commissioner Teele: Second the motion. Chairman Hernandez: Yes. Commissioner Plummer: Second the motion. Chairman Hernandez: We have a motion and we have a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Commissioner Gort: What was the other one? Didn't you have two? The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 97-890 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. (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. 135 December 9, 1997 ------------- ---------------------------------------------------------------------------------------------- 31. (A) COMMISSIONER TEELE REQUESTS FROM THE CITY MANAGER A MEMORANDUM REPORTING ON THE OUTCOME OF THE MEETINGS OF THE NEW YORK TRIP RELATING TO CITY FINANCES. (B) DISCUSS STATUS OF CITY FINANCIAL ADVISOR AND THE CITY'S BOND RATINGS AND FINANCIAL OUTLOOK. (C) DISCUSS NEED FOR PROPOSED LEGISLATIVE BUDGET OFFICER AND INTERNAL AUDITOR. (D) DISCUSS NEED FOR POSSIBLE EXTENSION FROM OVERSIGHT BOARD FOR COMMISSIONERS TO REVIEW AND APPROVE PROPOSED REVISIONS TO FIVE-YEAR FINANCIAL PLAN (E) DISCUSS CITY COMMISSION DIRECTION REGARDING FY'98 ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM / HOME FUNDS / SHIP FUNDS / HOPWA FUNDS -- DISCUSS PRIOR EXPENDITURE OF CDBG FUNDS AND FUTURE FEDERAL FUNDING REDUCTIONS -- REQUIRE CITY MANAGER AND CITY ATTORNEY TO PROVIDE WRITTEN RECOMMENDATIONS AND LEGAL SUFFERING JUSTIFICATION OF ALL MATTERS RELATED TO GRANTS / LOANS / EXPENDITURES / PRIOR TO FINAL COMMISSION ACTION -- FURTHER DIRECT THAT SOCIAL PROGRAM AGENCIES BE INFORMED OF POTENTIAL FUNDING CUTS (F) DISCUSS NEED FOR PARKING UNDER I-95 BETWEEN 8TH AND 7TH STREETS AS WELL AS CLEAN-UP OF POLICE DEPARTMENT VEHICLE IMPOUNDMENT LOT. Commissioner Teele: Mr. Chairman. Chairman Hernandez: Yes, Chairman Teele Commissioner Teele: Before you take up pocket items, because I was not able to comply with the Agenda Office requirements, there were several discussion items which I outlined in a memo of December Sth that I'd like to just basically touch upon. No action will be taken on any of these items, if the Commission would give me that courtesy. First and foremost, Mr. Manager... and this is the item that says discussion item, no action will be taken, December 5th. The Mayor and Manager's trip to New York related to finance. Mr. Manager, I would hope that you and your staff would provide this Commission with a memorandum, a trip memorandum that at least outlines who you visited, and what was done, and just so that this Commission can be in concert. Secondly, the Mayor came down today, and I'm really glad that he did, and I appreciate the fact that he spent so much time with us. And he discussed at length this issue of a financial advisor. Now... and a pro Bono financial advisor, I believe approved, who the Manager has confidence in. I want to ask this, Mr. Manager: Every city in America of this size has a financial advisor. Who is the current financial advisor, other than the pro Bono, that the City of Miami has? Bob Nachlinger (Assistant City Manager): Commissioner, currently, the City has no financial advisor other than the pro bono financial advisor. Commissioner Teele: And the previous financial advisor was Mr. Gary; is that correct? 136 December 9, 1997 Mr. Nachlinger: Howard Gary and Raucher Pierce (phonetic). Commissioner Teele: And there was never a replacement of that. Now, the role of the financial advisor in most... it's largely to advise not only the City, the City Commission and the management, but also to keep Wall Street advised - is that correct? - as to what's going on. Mr. Nachlinger: That is correct, sir, yes. Commissioner Teele: So in many ways, Mr. Chairman and members of the Commission, we're operating at a deficit by not having a financial advisor. I commend the Mayor. And I think, you know, this has been a pretty good day, quite frankly, for the Mayor already. But I really want to publicly state that this Commissioner is prepared to cooperate fully with the Mayor. And if the Mayor's judgment is that he wants proof to work with him, I've discussed this with the Manager, and it's my understanding that we can, in effect, go into a 30-day kind of contract with them that would give us the potential of cutting off the contract at the end of 30 days. Is that right? Mr. Nachlinger: Yes, sir, that's correct. Commissioner Teele: In deference to the Mayor making a recommendation or a decision that Commissioner Gort should weigh heavily in these matters, what I would like to propose later on is that we go ahead, confirm that, and ask Commissioner Gort and the committee to come back in early February with a specific recommendation as to who that is. But again, as we've discussed, one of the things that Wall Street... one of the things that the Oversight Board is looking for us to do as a Commission, and the Mayor, is to provide some structure and stability. Now, I want to ask you, Chief Warshaw, this: Do you plan... Do you plan to stay? And is there any way this Commission could encourage you to stay on past the December time frame that you have laid out? And, Bob, I'm speaking to you, obviously. Mr. Nachlinger: I know that. Commissioner Teele: Is there any way you can be convinced to stay on? Because, quite frankly, we have a major void in our financial expertise. Have you made any decisions or would you like... Mr. Nachlinger: Commissioner, at the point that I tendered my resignation, I, at the request of the City Manager, agreed to stay on through December 31st to assist in this transition process, which I was pleased to do for the City. I must tell you that I have accepted other employment, and at this point, I would not be staying, no, sir. Commissioner Teele: OK. Commissioner Plummer: The City's loss. Commissioner Teele: It really... Commissioner Gort: It sure is. Commissioner Teele: Do you have a professional opinion as to whether or not the City should have a financial advisor on retainer, as a normal course of business? Mr. Nachlinger: Yes, sir, I do, and that would be very much in the affirmative that the City should have a financial advisor. Commissioner Teele: OK. Going to the issue that Commissioner Plummer raised just a moment, number 3 is a legislative budget officer. Now, it's important... this is not an Art Teele 137 December 9, 1997 creation. There is something called the CBO, the Congressional Budget Office. That's the budget officer who helps the Congress. Every legislative body has a budget officer. The County, it's my understanding, has a budget officer; is that correct? Mr. Nachlinger: Yes, sir, that's correct. The State... Commissioner Teele: The County Commission... who does not work for the Mayor, but who works for the County Commission. Mr. Nachlinger: Yes, sir. Commissioner Teele: Now, we're not talking about another staff person for the Manager, but basically, to answer the kinds of questions that Plummer was raising today, "Where is this money coming from?" Do you have a professional opinion as to whether or not budget officers in this City, assuming we could afford it, would be enhanced, and our stability would be enhanced if we had a legislative budget officer, or some function operating in that capacity? Mr. Nachlinger: Yes, sir, I do. I will tell you that under the former system of government that this City had, where it was a council/manager form of government, I would not suggest a legislative budget office. In the change in government, where you have a strong... or an Executive Mayor form of government, I think that the City Commission would be well served to have a third party outside the Administration to offer financial advice to the City Commission. Commissioner Teele: Speaking for myself, Mr. Manager, would you please insure that as a part of the five-year plan that you're proposing that there be an amendment to whatever the Mayor is proposing that provides for a legislative budget officer that would be accountable, to the Chairman and the members of this Commission? And secondly, I would like your advice, and that of Bob's professional advice as to whether or not the function of the internal... internal auditor should be a part of that function. Not now, but would you consider... as a part of the... an amendment that I would be offering to the five-year plan of whatever is -forward. Specifically, we've discussed the five-year plan, and I think we've agreed to have a special Commission meeting on Thursday. And Mr. Chairman, just so that it's clear - I'm not certain - the Mayor is the only person who.can call a Commission meeting; is that right? Chairman Hernandez: That's correct. Commissioner Teele: Can three Commissioners call a Commission meeting? Chairman Hernandez: It's been done in the past, but usually... under the old system, the Mayor was the only one that could call a special meeting. Commissioner Plummer: No. Commissioner Teele: Mr. Attorney, who can... Commissioner Plummer: No. Under the old system, the Mayor... Chairman Hernandez: The Mayor is the only person. Commissioner Plummer: Three members of this Commission could call a Commission meeting. Mr. Joel Maxwell (Deputy City Attorney): If the Mayor was not... Commissioner Plummer: It never happened. 138 December 9, 1997 Chairman Hernandez: It never happened, but under the... Commissioner Plummer: In 28 years, every Mayer has always... or the Mayor who serves as the Chairman said, I'll never buck anybody. You want a special Commission meeting, you tell me, we'll call it. And it was never exercised. But that was a provision. Commissioner Teele: Mr. Attorney, what is the Charter? Mr. Maxwell: The Charter says that the Mayor calls meetings. Commissioner Teele: Can the Chairman of this Commission call a Commission meeting? Mr. Maxwell: Under certain circumstances, if the Mayor refuses to call a meeting, I believe the Chairman could. Comm issionerTeele: Well, the issue here is not that issue. The issue is, how do we get the five- year report before us? When will a copy of the proposed five-year report, as amended by the Mayor, by Mayor Suarez, be available for this Commission to review it? Because again, I don't mean to be a broken record, but I really don't think, you know, we should be asked to be rubber stamps to this. If this thing has got to go up on September... on December 18th or 19th... is that correct? Mr. Nachlinger: 18th, sir. Commissioner Teele: If it has to go up to the Oversight Board on December 18th, and we don't have it now, when will it be available? And I would like to specifically request at the appropriate time, Mr. Chairman, that we instruct the Manager and his staff to request a reasonable deferral of 30 days, or 45 days from the Oversight Board, so that the Commission can provide its independent review. When will it be available, Mr. Manager? Mr. Nachlinger: Commissioner, we anticipate having that report completed and to you on Friday, Friday of this week. Mr. Ruder: Would you like us, if we get the extension, to still have the meeting next week, or if we get the 30- or 45-day extension? Commissioner Teele: 'I think we have to, because I don't think we know if we're going to get it or not, and I would recommend to the Chairman that tonight, instead of adjourning, that we recess until next Thursday, and that way, we're covered on both of these very important issues relating to the Chief and the Oversight Board issue. But that's for the Manager... the Chairman to take under advice. Mr. Mayor... Mr. Chairman and members of the Commission, the other... number 5, number 6 are items that I think... and if we could get, Mr. Manager, some support from Mr. Castaneda... And I should say that I've had a very, very interesting and very, very fruitful experience in working with Mr. Castaneda and Mr. Mickey... Chairman Hernandez: ... Minagorri. Commissioner Teele: ... Minagorri, who have been very helpful, and have literally worked seven days around the clock. Mr. Manager, I'm going to ask the City Attorney if the City Attorney would meet with each Commissioner individually and discuss in detail some of the issues that are not before us today regarding the concerns regarding the previous FY funding. But I think that... suffice it to say there are some matters that I think the Commission should be advised through counsel that we really need to look at. I am proposing, and there is a memo that 139 December 9, 1997 is a companion to this that outlines, .if you will, the CDBG (Community Development Block Grant) process. But suffice it to say... and Commissioner Plummer, I'm really addressing this to you, if I can, if he's here, and that is this: This City does have a very real financial cash flow problem. I think virtually all of the CDBG actions that we're taking right now, with few exceptions, are being driven either by developers, property owners or interest groups, such as the Omni that's here today, and many of the... certainly, not to pick on them. It is my intent and my hope that this Commission will consider, basically, taking a one-year or two-year hiatus from this kind of pressure, and look at what's in the best interest of the City of Miami as a government, and the citizens, in looking at our CDBG funding. Specifically, I call your attention to the memo that's misdated December 4th. On page 3, where we state that finally, very real budget constraints, which is a fragment, the Committee is requesting that the Manager prepare the CDBG funding to maximize the program funding of public facilities, economic development housing, including code enforcement. Specifically, for the primary purpose of reducing operating costs, that general fund expenditures, and to maximize the immediate increase of the property tax rolls by converting non-taxable municipal property to taxable housing stock. Commissioner Regalado has proposed, for example, today, a number of roads that need to be paved, I think, or resurfaced. Look, we've either got to make a decision on the front end that we're going to deal with public facilities that are going to reduce our operating costs in public works of running around, going out patching this and patching that. And we need to make that decision that we're going to do it for the next year or two years, or we need to continue business as usual. Now, let me tell you what we're saying. As we look at the timetable that we're looking at - and this is going to require some refinement - we're going to come back to you and ask what three Commissioners want to do, at least three, and that is in terms of the priority and the timetable. But what we're proposing is that for the next year, we allocate CDBG monies to reduce operating costs by the City of Miami as the number one priority, and the number two priority is to increase the tax rolls, which means in the case of public works, we would be taking as much CDBG money as possible and straightening out roads all over the City in the CDBG areas, as opposed to continuing to fund public works out of general fund, to go in and patch up and this, that and the other. And there's a series of problems like that. We have a number of administrative problems, which I've asked the counsel to visit with each Commissioner on. But suffice it to say that what I am asking the Commission to think about is, how do we really want to spend this twelve million dollars ($12,000,000) next year, remembering we've got a one million dollar ($1,000,000) decrease in. funds from previous years. I'm not asking for an action, but I'm saying.. Commissioner Plummer: Well, listen, before you have about 87,000 people committing suicide, let's understand, or let me understand. When you say taking the CDBG money, you're not referring... I hope you're not referring to the social money. Commissioner Gort: You can't use that. Commissioner Teele: We're not... we're... Commissioner Plummer: Sure, you can use it. Commissioner Teele: We are proposing that the maximum number of social dollars, which is public services, is limited by law - Frank, correct me if I'm wrong -- Mr. Frank Castaneda (Director, Community Development): Fifteen percent, correct. Commissioner Plummer: Fifteen percent. Commissioner Teele: -- is limited to 15 percent, that we would use the full 15 percent that we can legally use for social programs. 140 December 9, 1997 Commissioner Plummer: OK. Commissioner Teele: But after that, after that... and that's laid out in the memo... Commissioner Plummer: OK. Commissioner Teele: ... that we would look in terms... in terms of capital expenditures, in terms of economic development, as ways to support the Manager and the overall effort of our five-year plan to get the City in a stronger financial position. It's real simple, J.L. We can capitalize a lot of our operating cost if we go ahead and do it on the front end. We can reduce the Public Works budget of general fund money if we go ahead and agree to capitalize some of those costs on the front end. But if we keep doing it the way we're doing it, catch as catch can, we're not going to ever get around to it. I was called yesterday to 41st Street, I guess, where the road hadn't been paved over there in 15 years. They keep... the NET (Neighborhood Enhancement Team) Office says they've had it on the request. There's a request list. They call it a historic list. But it never gets around to it. So... Commissioner Plummer: Just gets older. Commissioner Gort: I can show you a whole list that we have in Allapattah of sidewalks and streets that need to be refurbished. Commissioner Teele: And so Public Works goes out there, and they patch it. And what we wind up doing is spending it out of both ends. And we need to basically look at that. I'm not proposing any action today, but I think we need to either think that we want to go in this direction, or say, All right, let's leave it alone. Commissioner Regalado: I think what we need to know also is if the 15 percent has already been increased by Congress. We requested that. Mr. Castaneda: Right. I understand it's part of the bill, but the bill has not passed, and it is not expected to pass this year. Commissioner Teele: But... Commissioner Regalado: Commissioner, because we requested to increase to 25 percent because of the social crisis and the welfare reform. Commissioner Plummer: Yeah, but my question... Arthur made mention of the fact that there's going to be a million dollars ($1,000,000) less this year than last year. Now... Commissioner Teele: So theoretically, there will be a hundred... 15 percent cap on that. There will be, theoretically, a hundred and fifty thousand dollars ($150,000) less for public service that... Commissioner Plummer: In social. Oh. Commissioner Teele: ... social, what you call social... Mr. Castaneda: Yeah. Commissioner Teele: ... what is legally called public service for the expenditure. 141 December 9, 1997 Commissioner Plummer: OK. But have the recipients been put on notice to that effect? Commissioner Teele: No, sir. Mr. Castaneda: Well, at the last public hearing, which was last Wednesday, they were informed that we were expecting a decrease. This decrease is due to more entitlement and more set -asides out of the allocation from Community Development. Commissioner Plummer: Yeah. Well, I just don't want them running around here screaming at the last minute, as they have a way of doing, and rightfully so, that they can't survive. So I think you need to go out now with a letter telling these people of what's the envision that we're looking down the road at, and that they better expect to be judged accordingly. And hopefully, if we can, is to go right across the board and proportionately in percentage reduce each one of them, so nobody can say we're being unfair. Chairman Hernandez: OK. Fellows, fellows, it's six -fifty-three. We have P&Z (Planning and Zoning) items. What else is left on this memorandum? Commissioner Teele: The only item that I would ask Commissioner Plummer to look at is that when the impoundment lot was set up under I-95, it was supposed to have been temporary. That was 20 years ago. There is a very real need, and the Police Chief has expressed a willingness to at least make some parking available between 7th Street and 8th Street, because it is damaging business. Quite frankly, it is harboring people who are looking for opportunities to snatch and do whatever they grab as people come down on I-95. And it would be a big relief if you would take that up. Commissioner Plummer: I'd be happy to, as well as I'm going to insist that the Police Chief and the Manager clean up that pound over there. It is an absolute disgrace, where they've got all those old trucks and all those old trailers, and everything. They need to clean that area up. ---------------------------------------------------------------------------------------------------------------- 32. COMMISSION REQUESTS A 45-DAY EXTENSION FROM STATE FINANCIAL OVERSIGHT BOARD IN ORDER TO REVIEW PROPOSED CHANGES TO FIVE-YEAR FINANCIAL PLAN. Chairman Hernandez: Just to clarify, then, by Friday, the 12th, we're going to have the five-year plan, correct? Mr. Alberto Ruder (City Manager): Yes. Chairman Hernandez: OK. Then we have a meeting with the Oversight Board on the 18th. Mr. Ruder: It's not a meeting. We have a meeting here, and we have to turn in the report on the 18th. Chairman Hernandez: To us. Bob Nachlinger (Assistant City Manager): Commissioner, there is an Oversight Board meeting on the 16th at nine in the morning. Chairman Hernandez: On the 16th. 142 December 9, 1997 Commissioner Plummer: Yeah. We're never invited. No, it's true. They've never invited us to be there. (INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD) Commissioner Plummer: What? We've gone. Commissioner Regalado: Yes, they do. I mean, we are there. Commissioner Gort: I always get notice to be there, yeah. Commissioner Regalado: Yeah, we go there. Commissioner Plummer: I've been there, but they don't invite us. They hold it in a. small room so we can't get in. Are we going to do pocket items now or later? Chairman Hernandez: We'regoing to do them now, before we go on to P&Z. We're going to request the 45 days to review the Mayor's five-year plan, upon receiving it on the 12th. Commissioner Plummer: So move. Commissioner Teele: Second. Chairman Hernandez: Motion by Commissioner Plummer, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote, five/zero. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 97-891 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REQUEST FROM THE STATE OF FLORIDA FINANCIAL OVERSIGHT BOARD AN EXTENSION OF 45 DAYS TO REVIEW THE MAYOR'S PROPOSED FIVE- YEAR PLAN UPON RECEIVING SAME ON DECEMBER 12, 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. i' 143. December 9, 1997 i r t r 7 --------------------------------------------------------------------------------------------------------------- 33. AUTHORIZE $100,000 TO COCONUT GROVE PLAYHOUSE -- FOR PLAY FOR IN -SCHOOL TOURING PROGRAM -- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003. Chairman Hernandez: First pocket item, Commissioner Plummer. Commissioner Plummer: Mr. Chairman, I have two. They're both the same. They both are from Law Enforcement Trust Funds and we've done them in the past. Each one of them is for a hundred thousand dollars ($100,000). One is for the Coconut Grove Playhouse In -School Touring Program... You want these as separate, or do you want them as... Chairman Hernandez: Separate. Commissioner Plummer: Separate. I'll move the Coconut Grove Playhouse In -School Touring Program which we've done in the past he approved. I so move. Commissioner Regalado: Second. Chairman Hernandez: Motion by Commissioner Plummer. Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? 144 December 9, 1997 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-892 A RESOLUTION AUTHORIZING THE FUNDING OF THE COCONUT GROVE PLAYHOUSE FOR THE PRESENTATION OF A PLAY IN CONJUNCTION WITH THEIR IN -SCHOOL TOURING PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." (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: N, one. ABSENT: None. --------------------------------------------------------------------------- ----------------------------------- 34. (A) TEMPORARILY WAIVE BY FOUR -FIFTHS VOTE CODE LIMITATION ON POCKET ITEMS PER COMMISSIONER. (B) AUTHORIZE FUNDING OF BOYS & GIRLS CLUB OF MIAMI, INC. -- ALLOCATE $106,000 FROM LAW ENFORCEMENT TRUST FUND PROJECTS 690061 / 690002 / 690003. --------------------------------------------------'-------------------------------------------------------------- Commissioner Plummer: Likewise, the Boys and Girls Club of Miami, for the same amount of money from the Law Enforcement Trust Fund. And by the way, both of these... Commissioner Teele: Don't you need a motion to suspend your rule of... that only one item? Chairman Hernandez: No, what... Commissioner Plummer: Did I hear a noise coming from that other end down there? Chairman Hernandez: Yeah. No, but... Commissioner Plummer: They're one and the same. Chairman Hernandez: The prior policy was... 145 December 9, 1997 Commissioner Gort: So I make a motion, because it's the last meeting of the month of December, that we remove the rule. Commissioner Teele: Second the motion. A. Quinn Jones, II1, Esq. (City Attorney): To waive the requirement for... Commissioner Gort: To waive the requirement of only one item. Mr. Jones: ... of only one pocket item. Chairman Hernandez: There's a motion waiving the requirement of... on pocket items. Commissioner Teele: Second. Chairman Hernandez: Second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? No "nays." The following motion was introduced by Commissioner Gort, who moved its adoption: MOTION NO. 97-893 A MOTION WAIVING FOR TODAY'S COMMISSION MEETING, BY A FOUR - FIFTHS VOTE OF THE CITY COMMISSION, THE LIMITATION STATED IN CODE SECTION 2-33 OF INTRODUCING ONE POCKET ITEM PER COMMISSIONER. 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. Commissioner Plummer: The second one is the Boys and Girls Club of Miami, for the same amount, from Law Enforcement Trust Fund. And for the record, both of them have been approved by the Chief of Police as mandatory. I so move. Commissioner Teele: Second. Commissioner Plummer: Did I die? Chairman Hernandez: OK. We have a motion by Commissioner Plummer, second by Vice Chairman Regalado. All those in favor, say "aye." 146 December 9, 1997 0 .0 The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 97-894 A RESOLUTION AUTHORIZING THE FUNDING OF THE BOYS & GIRLS CLUBS OF MIAMI, INC. IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING" AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, 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. ------------------------- -------------------------------------------------------------------------------------- 35. AUTHORIZE CITY MANAGER TO AMEND LEASE AGREEMENT WITH GOLDEN SANDS ALLAPATAH CORPORATION FOR LEASING OF OFFICE SPACE FOR CITY JOB'S PROGRAM AT NATIONS BANK BUILDING, 1313 N.W. 36 STREET -- PURSUANT TO R 97-760. Chairman Hernandez: Commissioner Gort. Commissioner Gort: I have two pocket items. One... it's been distributed. NOTE FOR THE RECORD: At this point, Commissioner Gort reads the proposed resolution into the public record by title only. Commissioner Gort: This is for the Jobs Program. Commissioner Plummer: I second the motion. 147 December 9, 1997 Chairman Hernandez: Motion by Commissioner Gort, second by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All against? Unanimous vote. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-895 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH GOLDEN SANDS ALLAPATTAH CORPORATION, FOR THE LEASING OF 1500 ADDITIONAL SQUARE FEET OF OFFICE SPACE FOR THE CITY OF MIAMI JOBS PROGRAM, AT THE NATIONS BANK BUILDING, 1313 NORTHWEST 36TH STREET, MIAMI, FLORIDA, AT THE SAME TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE AGREEMENT, AUTHORIZED PURSUANT TO RESOLUTION ON. 97-760, ADOPTED OCTOBER 28, 1997. (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. ---------------------------------------------------------------------------------------------------------------- 36. APPROVE EASTWARD HO! BRONWFIELDS PARTNERSHIP REDEVELOPMENT AGREEMENT UNDER USEDSITES IN SOUTH FLORIDA - 3 COUNTIES PARTNERSHIP -- TO PURSUE SHOWCASE COMMUNITIES AWARD FOR FEDERAL ASSISTANCE -- REHABILITATION OF CONTAMINATED, ABANDONED BUILDINGS. Commissioner Gort: Also, you have a copy of the pocket item. The Eastward Ho Brownfield Partnership Agreement. The purpose of this agreement is to facilitate the rehabilitation, revitalization, redevelopment of contaminated and abandoned, underused sites in South Florida. The partnership agreement is an integral part of South Florida application for the Brownfields community showcase. Ten awards will be made nationally. The awards will be afforded access to 17 Federal departments, to the other areas. 148 December 9, 1997 Commissioner Plummer: And what are you asking us to do here? Commissioner Gort: Just to approve the agreement. Staff, you want to come over and explain it? Mr. Julian Perez: Good evening, Mr. Chairman, members of the Commission. My name is Julian Perez, and I'm the Vice Chair of the Dade County Brownfields Task Force. Before you is a request for you to sign into the Eastward Ho Brownfields Partnership. What that basically is, is an application that the three counties are putting together to EPA (Environmental Protection Agency), to pursue one of ten showcase communities that are going to be awarded early next month. Basically, if it gets selected, we're going to receive a tremendous amount of Federal assistance, as well as financial assistance to help us out with our Brownfield redevelopment in the three County areas. If you have any questions, I'd be more than happy to answer them. Commissioner Plummer: Yeah. I'd like to know... what are you going to do in Miami? Mr. Perez: Miami is going to be one of the partners, and they're part of the partnership, which means... Commissioner Gort: We receive money to work on the Brownfields. Commissioner Plummer: With equal percentage to the others? Mr. Perez: It's... Yes. It's part of the partnership. But since Miami already has a regional designation from EPA, and Dade County has a national designation, those two communities would be leading the effort. Therefore, any assistance that will be given out to the region, we will have preference because we already have designation. Commissioner Gort: J.L., my understanding is if we get awarded, we get a percentage of something. That's better than 100 percent on nothing. Commissioner Plummer: Yeah, but... Commissioner Gort: There's no cost to the City on this. Mr. Perez: There is absolutely no cost to the City. It's just saying that you're a part of this partnership and you're going to he working... Commissioner Plummer: OK. But I want to make sure that if this money is coming down that the City is going to get its fair share. Mr. Perez: The City, as well as the rest of the region, will get their fair share. We're talking about 17 Federal agencies, and we're also talking about one EPA person assigned to the region. They're already assigning one person_ from Kansas City. So we're going to have two if we get the designation. Commissioner Plummer: In the past, the County has not really played fair with the City. OK? Let's just call it like it is. They passed a three hundred million dollar ($300,000,000) bond issue, which my people spend 32 cents of every dollar of that bond issue. And when I ask what do the people of the City of Miami get for its 32 cents on a dollar, guess what? Three County facilities that exist in the City of Miami. Redoing Vizcaya, redoing Dade County Auditorium, and redoing the toll plazas at Rickenbacker. Those were my so-called "get back money," of which we were paying. All I'm saying to you, sir, is that I want to make sure that this City is going to be paid... huh? 149 December 9, 1997 Commissioner Gort: My understanding is the City of Miami, from those bonds, we're getting twenty some million dollars for our parks. Commissioner Plummer: Sir, that's a different bond issue. Commissioner Gort: Oh. OK. Sorry. Commissioner Plummer: That's a park bond issue. Commissioner Gort: OK. Commissioner Plummer: And by the way, just for the record, we're getting twenty-seven million out of one billion. Mr. Alberto Ruder (City Manager): There's two hundred million in that bond issue. Commissioner Plummer: Right. We're getting back ten percent. Mr. Ruder: We're getting back 23.67 million. Commissioner Plummer: OK. I just want to make sure that they're playing fair with us. Chairman Hernandez: Do we have a motion? Commissioner Gort: I made a motion. Commissioner Plummer: Second. Chairman Hernandez: Motion by Commissioner Gort, second by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote. 150 December 9, 1997 The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-896 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE "EASTWARD HO! BROWNFIELDS PARTNERSHIP AGREEMENT," IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF FACILITATING THE REHABILITATION, REVITALIZATION AND REDEVELOPMENT OF CONTAMINATED AND ABANDONED OR UNDERUSED SITES IN SOUTHEAST FLORIDA. (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. ---------------------------------------- --------------------------------------------- --------------------------- 37. AUTHORIZE FUNDING NON-VIOLANCE PROJECT -- ALLOCATE $75,000 FROM LAW ENFORCEMENT TRUST FUND PROJECT 690001 / 690002 / 690003. Commissioner Gort: I have one last one. Chairman Hernandez: One last pocket item. Commissioner Gort: Yes. What did I do with it? Commissioner Plummer: Is that three? Commissioner Gort: Sorry. It's not mine. It's... Where's the copy? Commissioner Plummer: Arthur, did we waive for three or just two? Chairman Hernandez: Arthur has got five. Commissioner Teele: I have two. Chairman Hernandez: Oh, two. 151 December 9, 1997 Commissioner Teele: I have two, and I have three on behalf of the Mayor. Chairman Hernandez: OK. Commissioner Gort: I need the copy. I don't know what I did with it. Commissioner Plummer: What is this? Commissioner Gort: This is... NOTE FOR THE RECORD: At this point, Commissioner Gort reads the proposed resolution into the public record by title only. Commissioner Plummer: Second. Chairman Hernandez: Motion by Commissioner Gort, second by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All against, Nay." Unanimous vote. The following resolution was introduced by Commissioner Gort, who moved its adoption: RESOLUTION NO. 97-597 A RESOLUTION AUTHORIZING THE FUNDING OF THE NON -VIOLENCE PROJECT, IN AN AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING" AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 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: I None. ABSENT: None. 152 December 9, 1997 0 .0 ------------------------------------------------- EXPRESS CITY COMMISSION SUPPORT FOR FLORIDA INSURANCE COMMISSIONER'S PROPOSED HOMEOWNERS' RELIEF ACT -- INFORM CITY LOBBYISTS AND MIAMI-DADE COUNTY DELEGATION OF COMMISSION'S SUPPORT. Chairman Hernandez: Commissioner Regalado, any pocket items? Commissioner Regalado: Yes, I do. I have one. And this is an issue that will be discussed in the legislature, and it's important that this City supports this issue. And I was hoping if the Commission approved the pocket item, we will direct the lobbyists from the City of Miami to work on this direction, and also to direct the City Clerk to communicate to the Dade County delegation the contents of this pocket item. And it's... basically, it's in support of the Homeowners' Relief Act. Commissioner Bill Nelson is trying to eliminate a board, repeal provisions in the law that empowered an appointed arbitration panel that has been overruling the people's elected Insurance Commissioner on rate requests. And because of this panel, we have had two raises recently in South Florida. It's about the only thing that we can do to alleviate the problems that we have with the insurance companies raising rates for homeowners in the City of Miami, and I think that it's worth a try to lobby for the Homeowners Relief Act. So this is basically the pocket item that I have. Commissioner Teele: Second the motion. Chairman Hernandez: Motion by Commissioner Regalado, second by Vice Chairman Teele. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote in favor. 153 December 9, 1997 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 97-898 A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE FLORIDA INSURANCE COMMISSIONER'S PROPOSED HOMEOWNERS' RELIEF ACT TO BE INTRODUCED AT THE 1998 FLORIDA LEGISLATIVE SESSION; INSTRUCTING THE CITY MANAGER TO DIRECT THE CITY OF MIAMI TALLAHASSEE LOBBYIST TO IMMEDIATELY RELAY THE COMMISSION'S FEELINGS TO THE MEMBERS, OF THE STATE LEGISLATURE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE DADE COUNTY DELEGATION, THE FLORIDA INSURANCE COMMISSIONER, AND THE PRESIDENT OF THE STATE SENATE. (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: Co: rhissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None: ------------------------------------------------------------------------------------------------------7--------- 39. AUTHORIZE CITY MANAGER TO EXPEND $25,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME TO BE USED BY SOUTHEAST / OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) TO ASSIST MT. ZION COMMUNITY BASED DEVELOPMENT ORGANIZATION AND BAME COMMUNITY DEVELOPMENT CORPORATION . IN PREPARING REVISED HOME FEDERAL GRANT (HUS) APPLICATIONS. Chairman Hernandez: Vice Chairman Teele. Commissioner Teele: Mr. Chairman, I have.,actually two items. They're both related. And then I have three items that would further the statements and the objectives of the Mayor. The first two relate to the CRA (Community Redevelopment Agency), and to apply for funds jointly with the City, not to exceed four million dollars ($4,000,000). We were very privileged to have an executive briefing by the Assistant Secretary of HUD (Department of Housing and Urban Development) here in City Hall with Mickey and the Manager and others, and they basically gave us every reason to believe that we will be successful in a home ownership grant application, but it has to be completed by December 22nd. There are some technical issues, and so what we're asking for first is a motion to authorize the Manager to expend up to twenty-five thousand 154 December 9, 1997 0 • dollars ($25,000) of CDBG (Community Development Block Grant) Program income through the CRA to support the grant application for two of the CBOs (Community -based Organization) that are in need of more technical assistance so that we can put the grant up into Washington. And we're looking to try to get four million dollars ($4,000,000). This would be strictly for home ownership programs in the CRA area. I would so move the resolution relating to that. Commissioner Regalado: Second. Chairman Hernandez: We have a motion by Vice Chairman Teele, second by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-899 A RESOLUTION AUTHORIZING . AND DIRECTING THE CITY MANAGER TO EXPEND UP TO $25,000.00 OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME TO BE UTILIZED BY THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY DEVELOPMENT AGENCY TO ASSIST MT. ZION COMMUNITY BASED DEVELOPMENT ORGANIZATION AND BAME COMMUNITY DEVELOPMENT CORPORATION IN PREPARING THEIR RESPECTIVE REVISED HOME . OWNERSHIP ZONE FEDERAL GRANT APPLICATIONS TO BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PRIOR TO JANUARY 30, 1998. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 155 December 9, 1997 0 • -------------------------------- =--------------------------- 7--------------------------------------------------- 40. DIRECT CITY MANAGER TO AMEND CITY HOMEOWNERSHIP ZONE GRANT APPLICATION TO USHUD -- FOR INCREASE OF GRANT REQUEST / EMPHASIS ON SINGLE - FAMILY OWNERSHIP IN OVERTOWN -- FURTHER DIRECT MANAGER TO SUBMIT AMENDMENT ON OR BEFORE DECEMBER 22, 1997 -- CRA AS CO -APPLICANT. Commissioner Teele: And the second resolution would authorize or require that the grant be provided for... prior to December 23rd. The question is, is the application by the CRA (Community Redevelopment Agency) or the City? Because of this hiatus that we're in right now, I think it's better, and we explained this to the Assistant Secretary, that we would do this jointly. And the CRA, of course, will be making applications through the Commission in the future, but this should be viewed as a joint request by the CRA, so that there is no confusion in this hiatus that we have. And I would so move that resolution. Chairman Hernandez: Motion by Vice Chairman Teele. Is there a second? Commissioner Regalado: Second. Chairman Hernandez: Second by Commissioner Regalado. All those in favor, say "aye." Chairman Hernandez: No "nays." 156 December 9, 1997 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-900 A RESOLUTION DIRECTING THE CITY MANAGER TO AMEND THE CITY'S HOME OWNERSHIP ZONE GRANT ("GRANT") APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") DATED SEPTEMBER 29, 1997, THEREBY (1) INCREASING THE GRANT REQUEST FROM $2.3 MILLION TO $4 MILLION, (2) EMPHASIZING THE DEVELOPMENT OF SINGLE FAMILY HOME OWNERSHIP IN THE OVERTOWN COMMUNITY; FURTHER DIRECTING THE CITY MANAGER TO SUBMIT SAID AMENDMENT TO HUD ON OR BEFORE DECEMBER 22, 1997, AND (3) INCLUDING THE SOUTHEAST OVERTOWN/ PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AS CO -APPLICANT AND THE CHAIRMAN OF THE CRA AS A SIGNATORY, PROVIDED THE HUD REGULATIONS GOVERNING THE HOME OWNERSHIP ZONE GRANT ALLOW THE CRA TO BE A CO -APPLICANT. (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. Commissioner Plummer: Just one clarification. Mr. City Attorney, the Mayor and the Chairman of the CRA... This doesn't have to go before the board of the CRA? A. Quinn Jones, III, Esq. (City Attorney): I don't think so. Commissioner Plummer: I'm just asking the question, that's all. Mr. Jones: No, I don't believe so. No. Commissioner Plummer: OK. Fine. Commissioner Teele: By doing this, we are the board of the CRA is what... Commissioner Plummer: Yeah, but then, there again is the reason for my question. You have to clearly delineate, as we've always done - and I think it's ridiculous, but by law - that we are not sitting as a City Commission, we are sitting as a CRA Board. And you will find out when you have your first meeting of the CRA Board that we're not called "Commissioner." We're called "Board Members," and that you have to make certain that it is a different... 157 December 9, 1997 Mr. Jones: Yeah. I'm reminded, Commissioner Plummer. I stand corrected. Commissioner Teele, I think because you do want... are -desirous of hiving a joint application, even though you are members that constitute the CRA, you need to meet as the CRA and approve the application. Commissioner Plummer: That's what I thought. Commissioner Teele: Then can we... on the 18th when we meet, can we have a CRA Board meeting for the... Commissioner Plummer: Absolutely. Mr. Jones: With notice, yeah, with a notice of... Commissioner Teele: ... for the purpose of that? And we'll ask the Clerk to provide notice of a CRA Board meeting to take that up. Commissioner Plummer: Absolutely. Mr. Jones: Yeah. ---------------------------------------------------------------------------------------------------------------- 41. INCREASE FEE CAP BY $39,000 FOR BOND COUNSEL (HAWKINS, DELAFIELD & WOOD) THROUGH JANUARY, 1998 -- FURTHER REQUEST RECOMMENDATION ON WHETHER TO CONTINUE WITH CURRENT BOND COUNSEL FIRM. ------------------------------------------------------- -------------------------------------------------------- Commissioner Teele: OK. The other three items relate to the discussion that the Mayor had today. First, I think it's important to note that the bond counsel recommended by the Mayor, this Commission has already approved the contract. This is not a new agreement. This basically affords the bond counsel to continue work. There is a discussion that we had with the Manager's office that they have exceeded the cap; is that correct, Mr. Manager? Mr. Alberto Ruder (City Manager): Yes. Commissioner Teele: By at least fourteen thousand dollars ($14,000) already. So this provides, in effect twenty-five thousand dollars ($25,000) of working money for the bond firm to work with the Mayor, with the Chairman of the Finance Committee, and the Manager, -and everyone else through the month of January. And at that time, we are asking that the Finance Committee, I would assume, bring back a recommendation on whether or not we're going to continue this firm, or how that would work out. Chairman Hernandez: There are two firms under this agreement, correct? Commissioner Teele: This is one contract. Commissioner Gort: You're talking about bond counsel, right? Chairman Hernandez: There's one contract with two law firms, correct? Bob Nachlinger (Assistant City Manager): That's correct, sir. 158 December 9, 1997 Chairman Hernandez: Correct? Mr. Nachlinger: That's correct. Commissioner Plummer: OK. But listen.... Commissioner Teele: This is not anything new. This is not something that I'm proposing. I want to be on... This is merely to codify what the Mayor was saying so that we can begin to just stop talk... so that we can be very clear that we're moving forwarwd to provide financial stability. Mr. Nachlinger: Yes, sir, that's correct. That contract was originally approved... Chairman Hernandez: For fifty thousand dollars ($50,000). Mr. Nachlinger: ... December of last year. Commissioner Gort: Right. Commissioner Plummer: But this is only for the purposes of getting together all of our numbers. It is not authorizing them as bond counsel to proceed with any issue, whatsoever. Commissioner Teele: Oh, no. Mr. Nachlinger: Absolutely not. Commissioner Plummer: OK. Because we've always had a case here where we established a register, which was a rotating register, so no one could say that we were showing favoritism. Chairman Hernandez: We have a motion by Vice Chairman... Commissioner Gort: Second. Chairman Hernandez: Go ahead, Commissioner. We got a second. You want a discussion. Commissioner Teele: I can assure you there will be no bonds being issued around here for the next year. And one of the reasons you aren't going to have 100 people fighting to be bond 41, counsel is that there are no... bond counsel normally get paid from fees from the bond issue. Commissioner Gort: From the proceeds. Commissioner Teele: We will not be issuing any bonds in the foreseeable future. And so it's really important that we use bond counsel to help us in technical assistance, and in support of the financial advice for the Office of the Mayor and others. Chairman Hernandez: Motion by Vice Chairman Teele. Commissioner Gort: Second. Chairman Hernandez: Second by Commissioner Gort. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote. 159 December 9, 1997 0 1 0 The following resolution was introduced by,Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-901 A RESOLUTION AUTHORIZING .THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND HAWKINS, DELAFIELD & WOOD AND HOLTZMAN, KRINZMAN, EQUELS & FURIA, P.A., CO -BOND COUNSEL TO THE CITY, TO INCREASE THE FEE CAP TO SAID FIRMS FROM $50,000 TO $89,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.921002.6.270; FURTHER DIRECTING THE CITY MANAGER TO RENEGOTIATE THE SCOPE OF SERVICES AND FEES FOR SERVICE WITH SAID CO -BOND COUNSEL FOR REVIEW BY THE FINANCE COMMITTEE AND CONSIDERATION BY THE COMMISSION AT THE FIRST MEETING IN FEBRUARY 1998. (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 COinmissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. ------------- m REQUEST MAYOR AND FINANCE .COMMITTE CHAIRMAN TO PROVIDE FORMAL AGREEMENT ON PRUDENTIAL COMPANY PRO BONO FINANCIAL ADVISORS, BY FEBRUARY, 1998. Commissioner Plummer: Is that it? Chairman Hernandez: Next item. Commissioner Teele: The final... the other item is this issue of the financial advisor. Mr. Chairman, members of the Commission, the financial advisor works closely with the Manager, the Mayor and the Commission. I believe that the Charter gives the Executive Mayor the authority to take leadership. If the Executive that wants to work with this financial advisor, I have no problems. I mean, there are 100 other financial advisory firms, but we've already discussed that the City is without a financial advisor. The Mayor has indicated that there is a pro bono agreement of 60 days. And what we,'re basically doing is asking the Mayor and the Finance Committee Chairman to come back to us in February with a formal agreement on this firm. And the reason this is important is this: If we go out and advertise after we accept the pro 160 December 9, 1997 bono services, every firm is going to be at a disadvantage. And they will say, well, I would have provided pro bond if you gave us that opportunity. Commissioner Gort: Commissioner Teele, before you proceed, I want to answer your question. Since I'm in the business, I want to make sure there's no conflict of interest. I participated in the selections because in the past, I had never participated in the selection of bond company. So. A. Quinn Jones, III, Esq. (City Attorney): Well, to the extent that you were to only... It would only be a conflict, Commissioner Gort, only if you had some financial... were going to derive some financial benefit from it, in a particular transaction, would that pose a conflict of interest for you. Commissioner Gort: But I wanted to be on the record that... Mr. Jones: Yes. Commissioner Gort: I want it to be understood that this is a very small industry, and in the future, my company might be doing business with some of those companies. Mr. Jones: Well, still, at this point, you're not doing business with them, so there is no conflict. Commissioner Gort: Oh. OK. Commissioner Plummer: Who is this firm? Commissioner Teele: It's the firm that the Mayor brought in... It's the firm that:.. Commissioner Plummer: The name? Commissioner Teele: Prudential. Chairman Hernandez: Prudential. Commissioner Gort: Prudential. Commissioner Teele: But, Mr. Attorney, with all due respect, my colleagues, I sat through this, and I've had some very unpleasant issues. Commissioner Gort, my friendly recommendation... Commissioner Gort: Is not to be part of the selection. Chairman Hernandez: Right., Commissioner Teele: ... to you would be that if you ever expect to do any business with Pru, or through Pru, or jointly with Pru, you might not want to... Commissioner Gort: I don't think I would like to take the assignment, because I think I would have problems. Commissioner Teele: Well, but I'm talking about on voting on this issue. Commissioner Gort: Right. And we're now voting. Chairman Hernandez: You can abstain. 161 December 9, 1997 Mr. Jones: Yeah. Well, you can it abstain. I mean... Commissioner Teele: You have to absent yourself. Mr. Jones: Yeah. Yeah. Either you're not here... but you can't abstain. And the only reason you can abstain is there is a... that you Have a conflict, and the conflict... Yeah, apparent conflict. Commissioner Gort: I got my watch going. Commissioner Plummer: Boy, that's one thing I never got a problem with. Chairman Hernandez: Soundproof room. Commissioner Teele: Well, maybe you have a problem with everything you vote on Ahat involves people. Commissioner Regalado: Your clients don't complain. Commissioner Plummer: Not with my clients. Commissioner Regalado: They don't complain. Commissioner Plummer: Uh-uh. Commissioner Teele: But they're all alive the day that they come before here. Commissioner Plummer: No. They never come back and ask for a refund. Chairman Hernandez: We have a 30-day cancellation clause,on that. So. Commissioner Teele: There's a 30-day cancellation clause, which means, in effect, it's a two- year agreement. Commissioner Plummer: Did you move it? Chairman Hernandez: Yes. Commissioner Teele: So move. Commissioner Plummer: Second. Chairman Hernandez: Motion by Vice Chairman Teele, second by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? Unanimous vote with the absence of Willy Gort. 162 December 9, 1997 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-902 A MOTION REQUESTING OF THE MAYOR AND THE FINANCE COMMITTEE CHAIRMAN TO COME BACK IN FEBRUARY 1998 WITH A FORMAL AGREEMENT ON PRUDENTIAL. COMPANY, THE FINANCIAL ADVISOR FIRM CURRENTLY WORKING PRO BONO FOR THE CITY OF MIAMI. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: Commissioner Wifredo Gort ---------------------------------------------------- 7---------- 7------------------------------------------------ 43. (A) EXECUTE AGREEMENT. FOR LEGISLATIVE CONSULTATION (LOBBY) SERVICES IN TALLAHASSEE WITH RUDEN, MCCLOSKY, SMITH, SCHUSTER AND RUSSELL-- $118,000. (B) COMMENTS REGARDING RELEASE OF CURRENT CONTRACT BY HOLLAND & KNIGHT LAW FIRM. ---------------------------------------------------------------------------------------------------------------- Commissioner Teele: The final action relates to the memo by the Mayor that's dated here, and it's a resolution that basically would provide for the legislative governmental team in Tallahassee to be led by and McCloskey (phonetic), and it would begin effective January 1... January 30th, or February 1. The amount of money is three thousand dollars ($3,000) less than the current firm has in its contract. And... Commissioner Plummer: Mr. Chairman. Chairman Hernandez: Yes, Commissioner Plummer. Commissioner Plummer: I have spoken with the present, who is Holland and Knight. They have asked me to please announce to this Commission that a client relationship, that if this client, the City of Miami, is interested in someone else serving that they have no problem with that; that as far as they are concerned, there is a clause in which there is a 30-day cancellation, and that the City would be owing them something like twelve thousand dollars ($12,000), and they want this City Commission to know that under no uncertain terms would they accept a dime for work that they haven't done; that they would not want, and will not accept the twelve thousand dollars ($12,000) which is called for in the contract to release their hold on that contract. And as such, if the City wishes to proceed to. award it to someone else, that they will bow out gracefully, for the record. Chairman Hernandez: So therefore, we don't have to wait for 30 days, and we are not going to have to pay for the 30 days. 163 December 9, 1997 Commissioner Plummer: That's correct, sir. Commissioner Teele: I would ask that it be amended to January 1. Commissioner Plummer: The contract? A. Quinn Jones, III, Esq. (City Attorney): I should have it here. Is it this one? Commissioner Teele: The resolution which... Commissioner Plummer: Oh. Commissioner Teele: ... currently says February 1 or January 30th. Commissioner Plummer: You better make it January 1, because the session starts when? Chairman Hernandez: Yeah. We have no time for whatever we have to do. Commissioner Gort: Already got meetings. Commissioner Plummer: It's right around the corner. Chairman Hernandez: We have a motion by Vice Chairman Teele. Is there a second? Commissioner Regalado: Second. Commissioner Plummer: I'll second the motion. Chairman Hernandez: We have a second by Commissioner Regalado. All those in favor, say "aye " The Commission (Collectively): Aye. Chairman Hernandez: Unanimous vote, .five/zero. 164 December 9, 1997 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-903 A RESOLUTION AUTHORIZING ' THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER AND RUSSELL, FOR PROFESSIONAL LEGISLATIVE `CONSULTATION SERVICES ON BEHALF OF THE CITY OF MIAMI IN TALLAHASSEE, FOR A PERIOD OF ONE YEAR, BEGINNING JANUARY 1, 1989; ,ALLOCATING FUNDS THEREFOR FROM THE LEGISLATIVE LIAISON GENERAL FUND, IN AN AMOUNT NOT TO EXCEED $118,000, TOGETHER WITH AN .- AMOUNT NOT TO EXCEED $15,000 FOR REIMBURSABLE EXPENSES FOR SAID SERVICES; FURTHER, DIRECTING THE CITY MANAGER TO GIVE THE 30 DAY CONTRACTUAL NOTICE OF TERMINATION TO THE CITY'S CURRENT PROVIDER OF SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Chairman Humberto Hernandez Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------- ------------------ ------------------------------------------ 44. AUTHORIZE ADMINISTRATION TO PROCEED WITH $4,000,000 HUD GRANT APPLICATION. ---------------------------------------------------------------------------------------------------------------- A. Quinn Jones, III, Esq. (City Attorney): Mr. Chair. Chairman Hernandez: Yes. Mr. Jones: If I could. One point of clarification. Mr. Vice Chair, Relative to the resolution that the Commission just passed concerning; the joint application of the City and the CRA (Community Redevelopment Agency) relating to the four million dollar ($4,000,000)... yeah, the four million dollar ($4,000,000) HUD (Department of Housing and Urban Development) grant, if, in fact... this is a suggestion. You can act accordingly. But out of caution, if the Secretary should not accept the joint application, if we could get authorization, in the event that that were to happen, to go ahead and proceed, since the application is presently in the name of the City? Commissioner Teele: So move. 165 December 9, 1997 Mr. Jones: So it won't have to come back. Commissioner Teele: So move. Commissioner Plummer: Second. Chairman Hernandez: Moved by Vice Chairman Teele, seconded by Commissioner Plummer. All those in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 97-904 A RESOLUTION (Pending the Law Department.) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None: ABSENT: None. 166 December 9, 1997 ---------------------------------------------------------------------------------------------------------------- 45. AMEND CHAPTER 2, ARTICLE II, SECTION 2-32 OF CODE, "ADMINISTRATION / CITY COMMISSION / TIME AND PLACE OF MEETING" -- CHANGE REGULAR MEETINGS CONVENING TIME FROM 9:00 A.M. TO 10:00 A.M. Chairman Hernandez: OK. I got two pocket items. One is just an emergency ordinance in order for us to meet from now on and change the time of the meeting from nine to ten in the morning. Commissioner Plummer: Second the motion. Chairman Hernandez: We need to pass an emergency ordinance. Commissioner Teele: It's been moved by the Chairman, second by Commissioner Plummer. Mr. Clerk... Chairman Hernandez: Read the ordinance. Commissioner Teele: ... read the ordinance. Roll call. An Ordinance entitled - AN EMERGENCY ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTION 2-32 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CITY COMMISSION/TIME AND PLACE OF MEETING," TO CHANGE THE TIME FROM 9:00 A.M. TO 10:00 A.M. AT WHICH ALL REGULAR MEETINGS OF THE CITY COMMISSION SHALL CONVENE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Chairman Hernandez and seconded by Commissioner Plummer, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 167 December 9, 1997 • Whereupon the Commission on motion of Chairman Hernandez and seconded by Commissioner Plummer, adopted said ordinance 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11580. 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. 46. DIRECT CITY MANAGER TO WAIVE USER FEES -- FOR CHRISTMAS LUNCHEON AT COCONUT GROVE CONVENTION CENTER -- FOR ELDERLY GROUP (LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS). Commissioner Teele: Any other items from the Chairman? Chairman Hernandez: One pocket item reference to... Commissioner Plummer: Now I know why you voted for more than one pocket item. You dirty devil. Chairman Hernandez: That was a lot of pockets. Commissioner Plummer: Oh, yeah, uh-huh, right. Chairman Hernandez: My only pocket item today has been one where historically, the City of Miami has co -sponsored a Christmas luncheon at the Coconut Convention Center for all the elderlies. Basically, what we do is provide them with the Coconut Grove Convention Center, and the tables, and the chairs. They provide the rest, the entertainment, food and what have you. And I'm asking that we waive applicable fees for the use of the Coconut Grove Convention Center for this luncheon that is provided on a yearly basis. Commissioner Regalado: Second. Commissioner Teele: All those in favor Commissioner Plummer: I... Under discussion. I'm going to vote for it. They're a great group of people. Somewhere, we've got to draw the line, because up until the November 4th election, this Commission had not given in... as tough as it was, as many bad names as we. were called, we stood firm. So all I'm saying is that we better have a rule, because what's good for the goose is good for the gander. And you're opening up that door again. So... 168 December 9, 1997 Commissioner Regalado: Remember that we... Commissioner Plummer: Look, I'm not trying to set the rules around here, but I'm just scared of this precedent. Commissioner Regalado: J.L., but remember that we approved, several months ago, a resolution regarding non -profits on the Coconut Grove Center. Commissioner Plummer: Tomas, I'm not trying to set.the rules. Commissioner Regalado: No, I said we approved it. I said this Commission approved that. Commissioner Plummer: OK. I'm not trying to set the rules, but I'm saying to you, in my 28 years of experience says to you, when you do it for one, you're opening the door to five and six more who say, why not? Chief Frank Rollason (Director, General Services Administration): And I would also like to point out, as Commissioner Regalado has pointed out, we've lowered that rate from six thousand to four thousand so that we could take care of the not -for -profits. Commissioner Teele: Wait a minute, now. I'm chairing this one. That's out of order. Really, that's out of order. Commissioner Plummer: OK. All... Commissioner Teele: This is a Commission discussion, and really, this is the Chairman's item. We don't need for staff to help any of the particular Commissioners against one of the Commissioner's items at this point. Commissioner Plummer: OK. All I'm saying to you, I think that we need to very quickly come up with a policy, and fully understand that we're going to stand firm on the policy. That's all I'm saying. I'm going to vote for this item. OK? It's a great thing for the people of this community. But somewhere along the line... Commissioner Teele: All right. On the question, all those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: All those opposed? Unanimous. 169 December 9, 1997 • The following resolution was introduced by Chairman Hernandez, who moved its adoption: RESOLUTION NO. 97-905 A RESOLUTION WAIVING ALL WAIVABLE FEES AS PERMITTED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED FOR THE USE OF THE COCONUT GROVE CONVENTION CENTER BY THE LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS FOR THEIR ANNUAL SPONSORSHIP OF A CHRISTMAS LUNCHEON FOR THE ELDERLY TO BE HELD ON MONDAY, DECEMBER 22, 1997; SAID WAIVER CONDITIONED UPON THE SPONSORS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (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. Commissioner Plummer: Let's go home Chairman Hernandez: That's it for the regular agenda. We have P&Z (Planning and Zoning). Commissioner Plummer: No, I'd rather go home. Chairman Hernandez: I think we should recess and start the P&Z items in about five minutes. Commissioner Gort: Two minutes. Chairman Hernandez: Five minutes. Commissioner Plummer: Oh, we're going to take a break? Chairman Hernandez: Five minutes. Commissioner Plummer: Good. 170 December 9, 1997 • • 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